DERR-2024-011314

Petroleum Storage Tank Fund
Work Plan Approval Application and Agreement
Work Plan No. __________, Amendment No. __________
Facility Name: ____________________________________
Address: _________________________________________
Facility ID No.: ____________________________________
Release ID: _______________________________("Release")
Owner/Operator, responsible party, or other person seeking PST Trust Fund Reimbursement:
_________________________________________________________________________("Claimant")
Utah-Certified UST Consultant: ______________________________________________("Contractor")
In submitting Work Plans_______________________ and amendments thereto for the above referenced
Release ___________ for approval, the Claimant and the Contractor collectively, the "Parties," represent
and agree to the following:
Definitions:
"Contractor" means the person identified as such above.
"Claimant" means the person identified as such above.
“Parties” means Claimant and Contractor.
"Division Director" means the Division Director of the Division of Environmental Response and
Remediation.
“PST Fund" means the Petroleum Storage Tank Trust Fund.
"Release" means the release identified above.
"State" means the State of Utah including its agencies, officers, employees, volunteers and specifically,
the Division of Environmental Response and Remediation (DERR), the Division Director of the
Division or Environmental Response and Remediation, and the Petroleum Storage Tank Trust Fund.
"Work Plan" means the work plan identified above.
1.The key personnel, for which qualifications are submitted under R311-207-3(3), are:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2.The Claimant acknowledges that the Claimant is required to obtain a payment bond from the
Contractor under Section 14-2-1 of the Utah Code. If the Claimant fails to do so, the Claimant is
liable to each person who performed labor or services or supplied equipment or materials
("Subcontractors") in the event the Contractor does not pay the subcontractors, even if the Claimant
has paid the Contractor (Utah Code Section 14-2-2). The Claimant acknowledges and agrees that the
PST Fund will not reimburse the Claimant for such Subcontractors’ claims for payment against the
Claimant if the PST Fund has already made payment to the Claimant or Contractor. The Claimant
understands that the premium paid for a payment bond is reimbursable. Therefore, the Claimant:
a.Has required the Contractor to obtain 100 percent payment bond through a United States
Treasury-listed bonding company, and attached a copy, or;
b. Has obtained other equivalent assurance and waives all claims and remedies against the
State if the equivalent assurance does not adequately protect the Claimant.
The equivalent assurance is described as follows:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
3.The Parties agree that the Contractor shall have no cause of action against the State for payment.
The Parties acknowledge and agree that the State is not a party to any contract with the Claimant or
the Contractor for reimbursement from the PST Fund in the execution of this Work Plan, except to
the extent provided by a contract signed by the Division Director. Instead, the Claimant’s
reimbursement is governed by the Utah Underground Storage Tank Act and the Utah Underground
Storage Tank Rules. The Contractor is entitled to reimbursement solely under his/her contract with
the Claimant.
4.The Parties agree that they will use a subcontracting method consistent with the requirements of
R311-207.
5.The Parties agree that, as a condition of performing the work under the work plan, the Contractor
shall carry the insurance specified in R311-207-3(3)(b)(iii). The Contractor represents that
the Certificate of Insurance documenting the required insurance is attached or that a current
certificate is on file with the Division Director and has been provided to the Claimant. The
Parties assume the risk and responsibility of ensuring that the appropriate insurance coverage is in
place.
6.The Parties agree that payments from the PST Trust Fund shall be limited to amounts that are
customary, legitimate, reasonable and consistent with R311-207. Unless the Parties and the
Division Director have entered into a written Pay-for-Performance agreement, the Parties
acknowledge that payments will be for actual time and materials expended up to, but not
exceeding, the amount of the Division Director approved work plan and Division Director
approved change orders, if any.
7.The Parties shall maintain financial and operation records in sufficient detail to document all
transactions relating to PST Fund reimbursement for the execution of this work plan. The Parties
shall make available for audit and inspection all such records relating to the completion of the work
plan and related services, requirements, and expenditures until all audits initiated by State auditors
are completed, or for a period of five years from the date of PST Fund reimbursement related to the
execution of this work plan. Records which relate to disputes, litigation, or the settlement of claims
arising out of the performance of this work plan, or to cost and expenses of this work plan as to
which exception has been taken by the Division Director, shall be retained by the Parties until
disposition has been made of such disputes, litigation, claims, or exceptions.
8. The Parties certify that there is a contract between the Claimant and the Contractor for the
performance of work under the work plan for which approval is sought ("Contract") and incorporate
the provisions herein into that Contract. To the extent that the Contract or amendments thereto
conflict with any provisions herein, the provisions herein govern. The Parties shall provide the
Contract to the Division Director upon request.
9. The Division Director is a third party beneficiary of this Petroleum Storage Tank Trust Fund Work
Plan Approval Application and Agreement and may enforce its provisions.
10. This Petroleum Storage Tank Trust Fund Work Plan Approval Application and Agreement does not
limit the Division Director’s rights and remedies under applicable law.
Contractor______________________________________________________________________
Signature, Printed Name, and Date
Claimant_______________________________________________________________________
Signature, Printed Name, and Date
Updated 8/1/2024