DERR-2024-006632

Stantec Consulting Services Inc.
2890 East Cottonwood Parkway
Suite 300
Salt Lake City UT 84121-7283
April 12, 2024
Project/File: 203723247
Hong-Lei Tao
Utah Department of Environmental Quality
Division of Environmental Response and Remediation
195 North 1950 West, First Floor
Salt Lake City, Utah 84116
Reference: Work Plan and Budget for Limited Subsurface Investigation
7-Eleven Store No. 25760, 895 East 4500 South, Salt Lake City, Utah
Facility ID 4001043, Release Site OJH
Mr. Hong-Lei Tao,
On behalf of 7-Eleven, Inc. (7-Eleven), Stantec Consulting Services Inc. (Stantec) proposes the following
work plan and budget to conduct additional subsurface investigation activities at 7 Eleven Store No. 25760
(the Site), located at 895 East 4500 South, Salt Lake City, Utah (Figure 1). The Site is eligible for
reimbursement under the Utah Petroleum Storage Tank (PST) Trust Fund. The scope of work proposed
herein would be designated as Work Plan and Budget (WP&B) OJH-01.
This work plan presents a technical approach and cost estimate to the Utah Department of Environmental
Quality (UDEQ), Division of Environmental Response and Remediation (DERR), for the following scope of
work: project management and field work preparation, advancement of one direct push soil boring, soil
sample collection, installation of one temporary groundwater monitoring well, collection of one groundwater
sample, analytical costs, and reimbursement services.
The purpose of the limited subsurface investigation is to verify UST closure sample analytical results obtained
in October 2023. Petroleum hydrocarbon concentrations above the Initial Screening Levels (ISLs) developed
by the UDEQ-DERR were reported for a groundwater sample collected from the tank basin.
BACKGROUND
On October 10 and 11, 2023, the underground storage tank (UST) system was closed by removal. The UST
system consisted of three 10,000-gallon single-wall steel USTs and two product dispenser islands used to
distribute various grades of unleaded gasoline.
A petroleum release from the UST system was reported to the UDEQ-DERR on October 31, 2023, based on
UST closure analytical sample results. The dissolved benzene concentration of 0.0100 milligrams per liter
(mg/L) and the groundwater analytical laboratory reporting limit (RL) for TPH-GRO of 2.50 mg/L for the GW-2
sample exceeded the respective ISLs of 0.005 mg/L and 1.0 mg/L. Based on these results, the UDEQ-DERR
assigned Release Site OJH and, in a letter dated January 16, 2024, requested completion of a limited
subsurface investigation.
April 12, 2024
Page 2 of 4
Reference: Work Plan and Budget for Limited Subsurface Investigation
7-Eleven Store No. 25760, 895 East 4500 South, Salt Lake City, Utah
Facility ID 4001043, Release Site OJH

SCOPE OF WORK
Task 1 – Project Management and Field Work Preparation
Task 1 includes the preparation of this work plan, including communication and coordination with UDEQ-
DERR. A Site-specific health and safety plan will also be prepared to address hazards associated with the
proposed scope of work.
Task 2 – Temporary Monitoring Well Installation and Soil and Groundwater Sampling
Following UDEQ-DERR approval of this work plan and budget, Stantec will advance one borehole (Figure
1). The borehole will be advanced to approximately 15 feet below ground surface (bgs) and completed as a
temporary monitoring well. The temporary monitoring well will be constructed using two-inch outside
diameter, Schedule 40 PVC blank casing and 10-foot long, 0.010-inch slotted screen. The well will be
completed with 10/20 silica sand filter pack across the screened interval up to one foot above the top of the
screen and a bentonite seal up to one foot bgs.
Cost bids for well installation were requested from Direct Push Services (DPS), Cascade Drilling, L.P., and
ET Technologies, Inc. DPS provided the lowest cost estimate and will be awarded the work. Copies of the
subcontractor cost estimates are provided in Attachment 1. DPS is a Utah licensed well driller and the
monitoring wells will be installed in accordance with the Utah administrative rules for wells (R655-4 UAC).
Soil sampling will be accomplished via five-foot continuous core acetate sleeve samplers. Stantec will collect
up to three soil samples; soil sample selection will be based on field screening results. Soil samples will be
screened for petroleum hydrocarbon vapors using a Minirae 3000 VOC monitor equipped with a
photoionization detector (PID). One sample will be collected at the most impacted depth as indicated by PID
screening results (highest impacts are expected near the capillary fringe). Stantec will attempt to collect a
non-impacted sample above and below any encountered petroleum hydrocarbon impacts. If field screening
does not indicate the presence of petroleum hydrocarbon impacts, up to two soil samples will be collected
from each boring: one at the total boring depth, and if groundwater is encountered, one at the capillary fringe.
Stantec will collect one groundwater sample from the temporary monitoring well. The depth to groundwater
in the temporary monitoring well will be allowed to stabilize after the well casing is set. The temporary well
will then be developed/purged by removing up to six well volumes of groundwater via a weighted, disposable
bailer. Should the temporary well be bailed dry during development, Stantec will allow the well to recover
and attempt to bail the well dry a second time. Following development and after allowing the water level in
the temporary well to recover, the well will be sampled via bailer. Purged groundwater will be thin spread at
the surface.
Soil and groundwater samples will be collected by a Utah certified soil and groundwater sampler. Soil and
groundwater samples will be labeled with the sample identification, collection date, and time, and placed into
an ice-chilled cooler for delivery to the project laboratory under chain-of-custody (COC) documentation.
Samples will be analyzed for gasoline-range total petroleum hydrocarbons (TPH-GRO), methyl tertiary-butyl
ether, benzene, toluene, ethylbenzene, total xylenes, and naphthalene (MBTEXN) by Environmental
April 12, 2024
Page 3 of 4
Reference: Work Plan and Budget for Limited Subsurface Investigation
7-Eleven Store No. 25760, 895 East 4500 South, Salt Lake City, Utah
Facility ID 4001043, Release Site OJH

Protection Agency (EPA) Method 8260B. Analyses will be performed by Utah certified Pace Analytical
National (Pace) of Mount Juliet, Tennessee. Soil samples will also be analyzed for total solids by Standard
Method 2540G.
Remaining soil cuttings will be drummed for disposal at the ET Technologies Soils Regeneration Site (ET
SRS). A waste characterization soil sample will be collected from the drummed cuttings and submitted to
Chemtech-Ford Analytical Laboratories (Chemtech) of Sandy, Utah for the ET SRS UST waste profile
analytical suite. Analyses will include total lead by EPA Method 6010 and TPH-GRO and MBTEXN by EPA
Method 8260B.
Task 3 – Reporting
Following completion of the proposed limited subsurface investigation, Stantec will prepare one report
documenting the results of the WP&B OJH-01 scope of work. The report will include a summary of field
activities, soil and groundwater sampling results to date, boring log, updated site plan, conclusions and
recommendations, and laboratory reports with associated COC documentation.
Task 4– Reimbursement Services
Stantec’s services will include preparation of reimbursement claims on behalf of 7-Eleven. This task includes
assembling invoices paid by 7-Eleven, subcontractor invoices, details of charges, Stantec invoices, proof of
payment documentation, the UDEQ-DERR Standardized Invoice Form, and the UDEQ-DERR Request for
Payment Voucher Summary Worksheet.
ESTIMATED COSTS
The estimated costs for the scope of work described in this work plan are presented in Table 1. Non-
reimbursable costs, such as subcontractor markup, have been omitted from the cost breakdown. The costs
presented in Table 1 represent Stantec’s estimate of likely charges to be incurred during the implementation
of the scope of work described above. Actual charges to the tasks and activities included in the scope may
vary from those presented in the estimate as activities and tasks require either more or less effort than
estimated. Stantec will contact the UDEQ-DERR project manager if there is significant diversion from the
estimated cost breakdown, or if additional authorization above the total estimated cost of this work plan is
required.

April 12, 2024
Page 4 of 4
Reference: Work Plan and Budget for Limited Subsurface Investigation
7-Eleven Store No. 25760, 895 East 4500 South, Salt Lake City, Utah
Facility ID 4001043, Release Site OJH

Should you have any questions or require any additional information, please contact Anna Skinner at
[phone].
Sincerely,
STANTEC CONSULTING SERVICES INC.

Anna Skinner
Project Manager
Certified Consultant #0271
Phone: [phone]
[e-mail]
Attachments: Figure 1 – Site Plan
Table 1 – Estimated Costs for WP&B OJH-01
Attachment 1 – Drilling Subcontractor Bids
April 12, 2024
Figure
Reference: Work Plan and Budget for Limited Subsurface Investigation
7-Eleven Store No. 25760, 895 East 4500 South, Salt Lake City, Utah
Facility ID 4001043, Release Site OJH

FIGURE 1
Site Plan
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DISPENSER
ISLANDS
CANOPY
ELECTRICAL POLE
CONCRETE
WATER
STORM
DRAIN
SIDEWALK
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ELECTRICAL
POLE
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(ESTIMATED DISTANCE)
GAS METER
ELECTRICAL
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SMITH'S
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PR
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(CONCRETE)
ELECTRICAL POLE
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FOR:
CHECKED BY:DRAWN BY:JOB NUMBER:APPROVED BY:DATE:
FIGURE:
1
AMSJR/ARA/AMS203723247 11/1/2023
STORE NO. 25760
895 EAST 4500 SOUTH
MURRAY, UTAH
No warranty is made by Stantec as to the accuracy, reliability, or completeness of these data. Original data were compiled from
various sources. This information may not meet National Map Accuracy Standards. This product was developed electronically, and
may be updated without notification. Any reproduction may result in a loss of scale and or information.
ELEVENELEVEN
0 30 60
APPROXIMATE SCALE IN FEET
SITE PLAN
N
2890 EAST COTTONWOOD PARKWAY
SUITE 300
SALT LAKE CITY, UTAH
[phone]
LEGEND
SS-1 CLOSURE SAMPLE LOCATION
PROPOSED SOIL BORING LOCATION
WW
W
W
l
l
April 12, 2024
Table
Reference: Work Plan and Budget for Limited Subsurface Investigation
7-Eleven Store No. 25760, 895 East 4500 South, Salt Lake City, Utah
Facility ID 4001043, Release Site OJH

TABLE 1
Estimated Costs for WP&B OJH-01
Work Plan Preparation and Site-Specific HSSE
• Work Plan Preparation
Initial Subsurface Investigation 1 NTE @ $2,000 =$2,000
• Initial Health & Safety Plan 1 NTE @ $400 = $400
Work Plan and HSSE Subtotal $2,400
Temporary Monitoring Well Installation and Soil and Groundwater Sampling
• Field Oversight and Sampling
PM P103 2 hours @ $118 = $236
Field Prep P104 2 hours @ $101 = $202
Field P104 10 hours @ $101 = $1,010
Subcontractor 1 bid @ $4,210 = $4,210
• Equipment and Mileage
Mileage - 12 mile round trip 12 miles @ $0.67 = $8
PID 1 day @ $95.00 = $95
Sampling Supplies 1 day @ $25.00 = $25
Water Level Meter 1 day @ $25.00 = $25
Weighted Bailer 1 each @ $11.00 = $11
Traffic Safety Equipment 1 day @ $15.00 = $15
• Analytical
Soil - EPA 8260B MBTEXN & TPH-GRO 3 samples @ $51.00 = $153
Soil - ET Technologies Soil Waste Profile 1 sample @ $96.00 = $96
Water - EPA 8260B MBTEXN & TPH-GRO 1 sample @ $45.00 = $45
• Waste Disposal and Coordination for Transport ET Technologies Soil Regeneration Site
PM P103 2 hours @ $118 = $236
Disposal 1 drum @ $70.00 = $70
Transport 1 each @ $250.00 = $250
Installation and Soil and Groundwater Sampling Subtotal $6,687
Reporting
Senior PM P101 1 hours @ $152 = $152
Professional P102 1 hours @ $147 = $147
PM P103 6 hours @ $118 = $708
Field P104 2 hours @ $101 = $202
Drafter P107 1 hours @ $85 = $85
Admin P109 1 hours @ $62 = $62
Reporting Subtotal $1,356
Reimbursement
• PST Fund Claim Preparation
Senior PM P101 1 hours @ $152 = $152
PST Specialist P108 8 hours @ $78 = $624
Reimbursement Subtotal $776
Total Budget $11,219
c
Table 1
Limited Subsurface Investigation
7-Eleven Store No. 25760
895 East 4500 South, Salt Lake City, Utah
Facility ID 4001043, Release Site OJH
Estimated Costs for WP&B OJH-01
c
Page 1 of 1 Stantec Consulting Services Inc.
April 12, 2024
Attachment 1
Reference: Work Plan and Budget for Limited Subsurface Investigation
7-Eleven Store No. 25760, 895 East 4500 South, Salt Lake City, Utah
Facility ID 4001043, Release Site OJH

ATTACHMENT 1
Drilling Subcontractor Bids
20-1339913 | www.directpushservices.com
Direct Push Services LLC
PO Box 25784
Salt Lake City, UT 84125
[phone]
[e-mail]
Estimate
ADDRESS
Stantec Consulting
2890 East Cottonwood
Parkway, Suite 300
Salt Lake City, UT 84121
ESTIMATE #240075
DATE 02/22/2024
EXPIRATION DATE 06/30/2024

P.O. NUMBER SALES REP
7-11 25760 895 E 4500 S, Murray Sean Bromley
DATE ACTIVITY QTY RATE AMOUNT
GPR Utility Locating 1 950.00 950.00
Mob/Demob Drill rig/Vac 1 200.00 200.00
7822 DP Rig 1 1,350.00 1,350.00
Daylighting 0-8'1 650.00 650.00
55 Gallon drum 1 130.00 130.00
MC 60 in PVC liner 2 15.00 30.00
Decon 1 150.00 150.00
2" temp monitoring well with 10' screen. Set and be on
standby while Stantec Develops and samples. Upon
completion backfill/abandon and restore the asphalt
surface.
1 750.00 750.00

895 E 4500 S, Murray (1) Location 0-15'.
-Private utility locating to sweep/clear the boring area.
-Daylight to 8-feet bgs and 110% borehole diameter.
-Collect soil from 8-15'
-Install a 2 inch dia. monitoring well using schedule 40 PVC
casing, 10’ section (5-15 ft bgs) of PVC 10 slot screen. Complete
the well with 10-20 filter sand pack across the 10 foot screened
interval to 1 foot above the screen. Remainder of the borehole
should be backfilled with bentonite to 1 foot below grade
-Provide (1) 55-gallon drum to containerize borehole clearance
and drill cuttings.
-Stand-by time while Stantec develops and samples well, 2 hours
estimated.
-Abandon well and install asphalt patch.
TOTAL $4,210.00
20-1339913 | www.directpushservices.com
Accepted By Accepted Date
Stantec 2/24/2024
2890 East Cottonwood Parkway, Ste 300
Salt Lake City, UT 84121
DPT Borings and Wells 7/11 Store 25760
Anna Skinner 895 East 4500 South
[e-mail] Murray
UT
Cascade Rep Contact Information
Scope of Work
Quantity Unit Sales Price Subtotal
1 Lump Sum 550.00$ 550.00$
Each 125.00$ -$
Private Utility Locating (shop to shop)4 Hour 185.00$ 740.00$
1 Day 3,000.00$ 3,000.00$
Boring Abandonment 2 Each 15.00$ 30.00$
2 inch Schd 40 PVC Well Casing 5 Feet 5.00$ 25.00$
2 inch Schd 40 PVC Prepack Well Screen 5' Sections 2 Each 190.00$ 380.00$
55 Gallon Reconditioned DOT Drum 1 Each 150.00$ 150.00$
Concrete Coring - 12" Cores Each 425.00$ -$
Pre-Tax Total
Tax Percentage
Taxes
Quote Total
Utah: 5718 W AXEL PARK RD, WEST JORDAN UT 84081 ♦ [phone]
$4,875.00
This quote is based on information provided by you and is valid for 45 days from the bid date. Unless previously agreed, Cascade requires a 2-week notice prior to
mobilization. Your firm is responsible for 1) Obtaining any site specific permits, 2) Locating and clearly marking underground installations or utilities, 3) Furnishing dig Alert
numbers at least three working days prior to scheduled start date and proof of private locating services, 4) Obtaining access to site with no overhead wires within 20' of the
holes. Cascade Drilling shall not be responsible for damages to underground improvements not clearly and accurately marked. If bedrock, cobbles, flowing sands or other
adverse or unsafe drilling conditions are encountered, drilling may continue on a time and materials basis or be terminated at the discretion of Cascade. Additional costs may
apply if scope is significantly changed. Well development by others may void some or all of Cascade warranties of workmanship and materials. Prices assume standard
labor rates and no work hour restrictions.
Number
Prepared By Trent Castner Email [e-mail]
Description
$4,875.00
Mobilization/Demobilization - DPT
UT Well Logs
DPT Drilling Daily Rate - Up to 10 Hours per Day
Account Name Bid Date
Address Quote Number
Quote Revision Date
Bill To Account Project Zip
Project Name
Contact Name Project Address
Email Project City
Phone Project State(801) 652-5138
One (1) boring and one (1) temp well will be completed to 15-feet, using a truck mounted DPT rig
• Cascade will provide private utility locating using GPRS
• The temp well will be constructed using 2-inch schedule PVC using up to 10-feet of prepack screen
• The borings will be abandoned
• The boring locations will be cleared to 8-feet using a air knife vac truck by the DPT crew
Drill cuttings and decon/development water will be contained in 55-gallon drums and will remain on site. Expect reasonable drill rig access. Well and borings seals that take
more than 25%-hole volume, will be sealed on a time and material basis. Assume 7:00AM to 5:30PM work hours and no prevailing wage requirements.
Stantec 2/24/2024
2890 East Cottonwood Parkway, Ste 300
Salt Lake City, UT 84121
DPT Borings and Wells 7/11 Store 25760
Anna Skinner 895 East 4500 South
[e-mail] Murray
UT
Cascade Rep Contact Information
Number
Prepared By Trent Castner Email [e-mail]
Account Name Bid Date
Address Quote Number
Quote Revision Date
Bill To Account Project Zip
Project Name
Contact Name Project Address
Email Project City
Phone Project State(801) 652-5138
Signature of Authorized Cascade Representative
Name & Title of Authorized Cascade Representative
Date Date
Name & Title of Authorized Representative and Company
Cascade provides management of investigation derived waste. Call us today for information on a full range of additional
options to meet your drilling needs.
Signature of Client/Owner Authorized Representative
Cascade will perform the Work as described in this proposal subject to the terms and conditions posted at https://www.cascade-env.com/resources/other/terms-and-
conditions/ unless MSA is already established between Cascade and Client in which case MSA takes precedence over the aforementioned terms and conditions. By signing
this proposal, Client agrees that this proposal together with the terms and conditions referenced above constitute a Subcontract. Client acknowledges that Client has received
and agrees with all such documents in the form provided by Cascade. Terms and Conditions are posted and accessible at the website location set forth above.

3110 W. California Ave., suite D
Salt Lake City, UT  84104
[phone]    ettechusa.com

Estimate
ESTIMATE #1038289884
DATE
PO #
CUSTOMER
Stantec Consulting
Anna Skinner
3995 S 700 East, suite 300
Salt Lake City, UT, 84107

SERVICE LOCATION
Stantec Consulting
7-11 #25760
895 E 4500 S
Murray, UT,
DESCRIPTION for the below scope of work (SOW):
- Private utility locating to sweep/clear the boring area. (in-house or subcontracted)
- Air/water knife services for utility clearance (to 8-feet bgs and 110% borehole diameter) at one boring
location.
- One soil boring to a max depth of 15 ft bgs.
o With continuous soil samples via acetate sleeve (beneath borehole clearance depth).
- One 2 inch dia. monitoring well using schedule 40 PVC casing
o 10’ section (5-15 ft bgs) of PVC 10 slot screen
o backfilled with 10-20 filter sand pack across the 10 foot screened interval to 1 foot above the screen
o remainder of the borehole should be backfilled with bentonite to 1 foot below grade
- One 55-gallon drum to containerize borehole clearance and drill cuttings.
- NOTE: Additional drum for well development water
- Stand-by time while Stantec develops and samples well, 2 hours estimated.
- Abandon well and install asphalt patch.
Estimate
Description Qty Rate Tax Total
Drill Crew
Operator + Helper
1.00 $2,800.00 $0.00 $2,800.00
Site Mobilization/Demobilization 1.00 $500.00 $0.00 $500.00
Equipment Decontamination
Daily
1.00 $250.00 $0.00 $250.00
Borehole Abandonment
Foot
15.00 $2.00 $0.00 $30.00
Soil Sample Liners 3.00 $8.00 $0.00 $24.00
Groundwater Sampling 1.00 $1.50 $0.00 $1.50
Drums 2.00 $150.00 $0.00 $300.00
Temp Monitoring Well 1.00 $400.00 $0.00 $400.00
Well Development Equipment
Daily
1.00 $200.00 $0.00 $200.00
Private Utility Locate via GPR 3.00 $150.00 $0.00 $450.00
Hydro Vac Services (min 1/2 day
charge)
1.00 $2,000.00 $0.00 $2,000.00
CUSTOMER MESSAGE
Note: By law E.T. Technologies must have a cleared utility
markout ticket before we can drill. Due to our unfamiliarity
with the project sites, we request that our clients call in a
utility markout request to the appropriate OneCall system
and immediately notify E.T. Technologies with their ticket
number. This allows us to obtain our ticket based on the
client and participate in any utility site meets that may or
may not be required. Postponement of drill work may occur if
sufficient time is not given to follow these steps.
For planning purposes any addional direct push rig day use would
be billed out at $2,650 per day and can be prorated for half days as
necessary and consumables as necessary.
 Estimate Total:$6,955.50
PROPOSAL PRICING & CHANGE ORDERS
All pricing quoted is valid for 30 days. Any changes to the scope of the work requires a separate proposal and a signed change order. Unexpected schedule changes initiated by
Client that cause additional cost to our company will be invoiced at normal rates.
PAYMENT OF CHARGES
All charges are due and payable upon receipt of invoice. Payment terms for approved Clients are NET 30. Client agrees to pay a charge for all past due amounts in an amount
equal to the lesser of one and one-half percent (1-1/2%) or a $5.00 minimum charge of such past due amounts for each month or part thereof during which such payments
remain unpaid or the maximum rate allowed by applicable law. A service charge of $30.00 shall be added to all returned checks. In the event of non-payment, the Client shall be
responsible for all of contractor’s reasonable attorney’s fees and costs incurred during collection. If Contractor shall seek to assign this account to an agency for collection, the
client agrees to pay all fees and discounts imposed.
FORCE MAJEURE
Except for the obligation to pay for services rendered, neither party hereto shall be liable for its failure to perform hereunder, in whole or in part, due to contingencies beyond its
reasonable control, including, but not limited to, strikes, riots, war, fire, acts of God, injunction, compliance with any law, regulation, guideline or order of any governmental body or
any instrumentality thereof, whether now existing or hereafter created.
ASSIGNMENT
This Agreement is assignable with the written consent of both parties and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns. Such consent shall not be unreasonably withheld, nor required in the event of assignment by operation of law, nor required in the event of an assignment to an affiliate
or Contractor, merger or sale by Contractor.
SAVINGS CLAUSE
In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provisions of this Agreement; this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been
contained herein, unless such finding shall impair the rights of obligations of Contractor, hereunder, in which event, at Contractor ’s option, this Agreement may be terminated.
INDEMNITY/DAMAGES
Client shall indemnify and hold Contractor harmless from any and all claims which arise out of the work, including claims relating to the treatment, storage, and disposal of waste,
contaminated media, or hazardous substances (including cuttings or samples) from the property, whether such liability arises under the Comprehensive Environmental Response
Compensation and Liability Act or otherwise, so long as the claim does not arise from the gross negligence of Contractor or its personnel.
Client hereby agrees to indemnify and hold Contractor harmless from any and all loss, damages, suits, penalties, costs, liabilities and expenses (including but not limited to
reasonable investigation and legal expenses) arising out of any claim for loss of or damage to property, including Contractor’s property, and injuries to or death of persons,
including Contractor’s employees (i) caused by or resulting from Client’s negligence or willful misconduct; or (ii) caused by or resulting from Client’s providing to Contractor of
waste other than Biomedical Waste or any other breach of this Agreement by Client.
In all events, any damages sought to be collected from Contractor by Client shall not exceed the sum of fees paid by Client to Contractor.
COMPLIANCE WITH LAW AND RECORD KEEPING
In the performance of all services to be provided hereunder, Contractor and Client agree to comply with all applicable permits, all applicable federal, state, county and municipal
laws and ordinances and all lawful orders, rules, regulations and guidelines of any duly constituted authority, including but not limited to, social security and income tax
withholding laws, unemployment compensation laws, environment, safety and health laws and manifesting requirements.
Contractor and its affiliates have obtained all necessary permits, license, zoning and other federal, state or local authorizations required to perform services hereunder and, upon
request of Client. Contractor shall furnish copies thereof to Client.
Contractor and Client shall keep and retain adequate books and records and other documentation including personnel records, correspondence, instructions, plans, receipts,
vouchers, copies of all manifests, tracking records and any other records or reports or memoranda, consistent with and for the periods required by applicable regulatory
requirements and guidelines pertaining to performance of the services required by this Agreement.
INDEPENDENT CONTRACTOR
Contractor ’s relationship with Client under this Agreement shall be that of independent contractor. Contractor is to exercise its own discretion on the method and manner of
performing its duties, and Client will not exercise control over Contractor or its employees except insofar as may be reasonably necessary to ensure performance and compliance
with this Agreement. The employees, methods, equipment and facilities used by Contractor shall at all times be under its exclusive direction and control. Nothing in this
Agreement shall be construed to designate Contractor, or any of its employees, agents, joint ventures or partners of Client.
Client acknowledges and agrees that the scope of work may be performed in whole or in part by subcontractors selected by Contractor.
AMENDMENT AND WAIVER
Except as otherwise provided in Article III, this Agreement may be amended from time to time only by an instrument in writing signed by the parties to this Agreement at any time
of such amendment. No provision of this Agreement can be waived except by a written instrument signed by the party waiving such provision, nor shall failure to object to any
breach of a provision of this Agreement waive the right to object to a subsequent breach of the same or any other provision.
ENTIRE AGREEMENT
This Agreement (including any attachments, exhibits, and amendments hereto) constitutes the entire understanding between the parties hereto, and cancels and supersedes all
prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof.
GOVERNING LAW / MISCELLANEOUS PROVISIONS
This Agreement shall be governed by and construed in accordance with the laws of Utah. If any of the conditions of the Agreement shall be finally determined to be invalid or
unenforceable in whole or in part, the remaining provisions hereof shall remain in full force and effect, and be binding upon Contractor and Client. Contractor and Client agree to
reform this Agreement to replace any such invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intention of the
stricken provision.