DERR-2025-001901

3/17/2017
Petroleum Storage Tank Trust Fund
Work Plan Approval Application and Agreement

Work Plan No. 7, Amendment No. 1

Facility Name: Harts Gas and Food

Address: 335 West 7200 South, Midvale, Utah

Facility ID No.: 4000408

Release ID: NBF ("Release")

Owner/Operator, responsible party, or other person seeking PST Trust Fund Reimbursement:
Hart’s Gas and Food, LLC ("Claimant")

Utah-Certified UST Consultant: Andrew Davis (Antea Group)__________("Contractor")

In submitting Work Plans NBF-07 and amendments thereto for the above referenced Release
NBF 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 of 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(c), are:
Stuart Beling, Andrew Davis, Marissa Hartley, and Madison Thompson

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:
3/17/2017

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:

Antea Group contracts with the “Claimant” and Antea Group’s contract
with “Subcontractor” which stipulates that all claims and remedies against
the state are waived.

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(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 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.

3/17/2017
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 Andrew Davis 3/11/2025
Signature, Print Name, and Date

Claimant______________________________________________________________________
Signature, Printed Name, and Date

Sadiq Mohammed, Environmental Advisor, Parkland Corporation. March 12, 2025