DERR-2024-005366

Petroleum Storage Tank Trust Fund
Work Plan Approval Application and Agreement

Work Plan No. __MSM-15________, Amendment No. ____01______

Facility Name: ___Bloomington Market_________________________________

Address: ___141 W. Brigham Road, St. George, Utah__________________

Facility ID No.: ___6000342_________________________________

Release ID: ___MSM___________________________("Release")

Owner/Operator, responsible party, or other person seeking PST Trust Fund
Reimbursement: Jasana Management, LLC/Younker Land Development, LLC
("Claimant")

Utah-Certified UST Consultant:__Atlas Technical Consultants LLC ___("Contractor")

In submitting Work Plans___MSM-15____________________ and amendments thereto
for the above referenced Release ___MSM________ 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.
"Executive Secretary" means the Executive Secretary (UST) of the Utah Solid and Hazardous
Waste Control Board.
“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 Executive
Secretary (UST) of the Utah Solid and Hazardous Waste Control Board, 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(c),
are:

James Coletta, Senior PM
James Coletta, Project Manager
James Coletta, Professional Geologist
Ron Santo, Professional Engineer

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:

Atlas Technical Consultants has obtained Master Subcontractor
Agreements with all of their subcontractors that indemnifies the client.

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 Executive Secretary (UST). 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(c)(4). The
Contractor represents that the Certificate of Insurance documenting the required
insurance is attached or that a current certificate is on file with the Executive
Secretary (UST) 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 Executive Secretary (UST) 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
Executive Secretary (UST) approved work plan and Executive Secretary (UST)
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 Executive Secretary (UST), 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
Executive Secretary (UST) upon request.

9. The Executive Secretary (UST) 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 Executive Secretary’s (UST) rights and remedies
under applicable law.

Contractor_____, James J. Coletta, 03/29/24_____
Signature, Printed Name, and Date

Claimant___________________________________
Signature, Printed Name, and Date