UTAH COUNTY

PUBLIC WORKS DEPARTMENT

2855 South State Street

Provo, Utah 84606

(801) 851-8600

INVITATION TO BID

for

WASTE PUMPING

ITB # 2026-3

CLOSING DATE

FOR RECEIPT OF BIDS: Tuesday, February 3rd, 2026

TIME: 3:00 p.m. (Mountain Time)

PLACE: Proposals are to be submitted through the

State U3P website, using the Bonfire (EUNA) eProcurement platform.

NOTE: The Contractor is responsible for reading the contents of this bid, including but not limited to, the

Scope of Work, General Requirements, Specifications, the Drawings, and Agreement. The Contractor is also responsible to visit the work sites before presenting a bid.

Invitation to Bid: Waste Pumping Page i

TABLE OF CONTENTS

INVITATION TO BID

Intent

Procedure

Rules of Procurement

Bid Organization

Proprietary Information

Questions and Clarifications

Acceptance of Bid

Disqualification of Bid

Disposition of Bids

Interpretation of ITB

Evaluation Criteria

General

Annual Cost Increase

GENERAL REQUIREMENTS

Alterations of Plans or Character of Work

Brand Name

Cooperation

Data Privacy

Delivery/Shipping

Insurance

Keys

Legal

License

Payment

Safety Requirements

Sales Tax

Supervision of Work

SPECIFICATIONS ......................................................................................... Attachment A

Permanent Sewage Holding Tanks ........................................................................... A-1

Portable Sewage Holding Tanks ............................................................................... A-1

Sand and Grease Traps, and Oil Separators .............................................................. A-1

Basis of Payment, Invoicing ..................................................................................... A-2

Sampling and Waste Codes ...................................................................................... A-2

Required Experience and Licenses ........................................................................... A-2

Miscellaneous ........................................................................................................... A-2

CONTRACTOR’S COST PROPOSAL ......................................................... Attachment B

CONTRACTOR INFORMATION FORM ........................................................... Exhibit A

CERTIFICATE OF NON-COLLUSION .............................................................. Exhibit B

SAMPLE AGREEMENT ...................................................................................... Exhibit C

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1. INVITATION TO BID

1.1 INTENT

Through this Invitation to Bid (ITB), Utah County intends to select a qualified contractor to pump and dispose of waste from permanent and portable sewage holding tanks, sand and grease traps, and oil separators at various County facilities in Utah County, Utah.

The Contractor shall furnish all labor, materials, transportation, tool, equipment, supplies, disposal fees, and other costs required to complete the work in accordance with the terms hereof.

Pursuant to this ITB an agreement will be executed, a copy of which is attached as

Attachment C. The County will not entertain changes to its Standard Terms and

Conditions. The agreement is expected to have an initial term of five (5) years with an option to renew for another five (5) years. However, the County has the right to terminate the contract for its convenience at any time.

1.2 PROCEDURE

The procedure for response to this ITB, evaluation of bids, and selection of a Contractor is as follows:

A. Interested entities will prepare and submit their bids prior to the specified Closing

Date for Receipt of Bids.

B. Utah County and/or its representatives will evaluate all submitted bids to determine acceptance or rejection of the bids.

C. The selected bidder(s) will be required to sign an agreement, a sample of which is included as Exhibit C.

1.3 RULES OF PROCUREMENT

A. This procurement shall conform to and is governed by The Utah County Division of

Purchasing, Procurement Rules and Regulations.

B. For this procurement, all bids must be submitted in the bid format outlined herein.

C. All prospective bidders must meet the required criteria as of the date of submission.

D. Respondents must provide all the information requested in the Contractor Information

Form.

E. Utah County has established certain requirements with respect to bids to be submitted by respondents. The use of "shall", "must", or "will", in this ITB indicates a requirement or condition from which a material deviation will not be approved by

Utah County.

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1.4 BID ORGANIZATION

A. Each respondent must submit its proposal digitally through the U3P website using the

State of Utah’s Bonfire (EUNA) account. The proposal must be submitted by

Tuesday, February 3, 2026, at 3:00pm.

B. Please submit with the bid the documents listed below. Before a contract can be awarded, the selected contractor must provide all the documents listed below.

1. Completed Contractor’s Cost Proposal (Attachment B).

2. Completed Contractor Information Form (Exhibit A).

3. Completed Certificate of Non-Collusion (Exhibit B).

4. A copy of the bidder’s current local business license.

5. A copy of the bidder’s current Contractor License issued by the Utah Department of Commerce, Division of Occupational and Professional Licensing.

6. Proof of required insurance.

7. Documentation from the County Treasurer of the bidder's county showing that bidder is current on its personal property taxes.

1.5 PROPRIETARY INFORMATION

The Contractor shall mark proprietary information contained in the bid which is not to be disclosed to the public or used for purposes other than the evaluation of the bids. Pricing and service elements of the successful bid will not be considered proprietary.

1.6 QUESTIONS AND CLARIFICATIONS

All questions regarding this ITB must be submitted through the Utah Procurement Place

(U3P) Bonfire (EUNA) website or to the Utah County Purchasing Manager, Robert

Baxter, at RobertB@utahcounty.gov. All questions and answers will be provided on

Bonfire to all prospective bidders. The deadline for submission of questions is five (5) business days prior to the closing date.

1.7 ACCEPTANCE OF BID

A. Utah County reserves the right to reject any or all bids or waive minor irregularities when to do so would be in the best interests of Utah County. Minor irregularities are those which will not have a significant adverse effect on overall competition or performance levels.

B. The responding party agrees that Utah County may terminate this procurement procedure at any time, and Utah County shall have no liability or responsibility to the responding party for any costs or expenses incurred in connection with this ITB, or such party's response.

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1.8 DISQUALIFICATION OF BID

The occurrence of any of the following may result in disqualification of a bid:

A. Failure to respond within the established timetable.

B. Failure to completely answer all questions presented in the ITB.

C. Use of any other type of form or format other than those indicated in the ITB.

D. Failure to provide requested documentation at the time of bid submission.

E. Illegible responses.

F. If the bidder adds any provisions reserving the right to accept or reject an award, or to enter into an agreement pursuant to an award, or any other unauthorized conditions, limitations or provisions.

G. If the bidder is unable to evidence a satisfactory record of integrity.

H. If the bidder is not qualified legally to contract.

I. If the bid at the opening does not contain a signed bid, and a signed certificate of non-collusion.

J. Utah County reserves the right to reject any or all bids.

1.9 DISPOSITION OF BIDS

All bids (and the information contained therein) shall become the property of Utah

County. No bid shall be returned to the respondent regardless of the outcome of the selection process.

1.10 INTERPRETATION OF ITB

The invalidity of any portion of this ITB shall not prevent the remainder from being carried into effect. Whenever the context of any provision shall require it, the singular number shall be held to include the plural number, and vice versa, and the use of any gender shall include all genders. The paragraph and section headings in this ITB are for convenience only and do not constitute a part of the provisions hereof.

1.11 EVALUATION CRITERIA

All bids will be evaluated by authorized representatives of Utah County for compliance with the terms and conditions contained in this ITB, and the resulting agreement awarded to the lowest responsive and responsible bidder. Utah County reserves the right to award to more than one Contractor if it is in the best interest of the County.

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1.12 GENERAL

A. Utah County will award a contract in reliance upon the information contained in bids submitted in response to the ITB. Utah County will be legally bound only when and if there is a signed agreement entered into between Utah County and the awarded bidder(s).

B. It is vitally important that any person who signs a bid or agreement on behalf of a respondent certifies that he or she has the authority to so act. The bidder who has its bid accepted may be required to answer further questions and provide further clarification of its bid and responses.

C. Receiving this ITB or responding to it does not entitle any entity to participate in services or transactions resulting from or arising in connection with this ITB. Utah

County shall have no liability to any person or entity under or in connection with this

ITB, unless and until Utah County and such person have executed and entered into an agreement pursuant to the terms of this ITB.

D. By responding to this ITB each responding party acknowledges that neither Utah

County nor any of its representatives is making or has made any representation or warranty, either express or implied, as to the accuracy or completeness of any portion of the information contained in this ITB. The responding party further agrees that neither Utah County nor any of its representatives shall have any liability to the responding party or any of its representatives as a result of this ITB process or the use of the information contained in this ITB. Only the terms and conditions contained in an agreement when, as, and if executed, and subject to such limitations and restrictions as may be specified therein, may be relied upon by the respondent in any manner as having any legal effect whatsoever.

1.13 ANNUAL COST INCREASE

Proposers may, upon written notice delivered to Utah County on or before

November 1 of any year of the Agreement term, request an increase to the contract price by a percentage equal to the percentage increase which occurred in the

Consumer Price Index (defined as the Consumer Price Index, All Urban Customers

(CPI-U) U.S. City Average, All Items, or a similar index if this index is discontinued) during the preceding one-year period, not to exceed three percent (3%) per year, to be effective not sooner than January 1 of the following year of the Agreement term.

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GENERAL REQUIREMENTS

Alteration of Plans or Character of Work

The County reserves the right to make at any time during the progress of any particular service, such increases or decreases in quantities and such alterations in the details of the service, and the elimination of one or more items as may be found necessary or desirable.

The Contractor agrees to accept the service as altered the same as if it had been a part of the original agreement. The Contractor shall proceed with the service alterations when ordered in writing from the County. Financial increases to the various service must be approved in writing through an amendment or a change order to the specific service and/or through an additional approved Utah County Purchase Order in the amount of the additional service before the service is authorized and can be completed.

Brand Name

The use of brand names in the Specifications is for the purpose of designating the standard of quality, performance, and characteristics desired. Equivalent brand substitutions for products must be approved by Utah County.

Cooperation

Utah County intends to encourage cooperation with the Owner, Supplier, Contractor, and its subcontractors. The objectives are effective and efficient agreement performance, intended to achieve completion within budget, on schedule, and in accordance with the

Specifications.

Alternative Dispute Resolution (ADR) methodologies will be encouraged in place of the more formal dispute resolution procedures. ADR in this context is intended to be a voluntary, nonbinding procedure available for use by the parties to this Agreement to resolve any dispute that may arise during performance.

Data Privacy

If Contractor, as part of this agreement or transaction, will receive or work with County information, or if they will be gathering data on behalf of the County, Contractor will be required to comply with the following provisions as applicable.

A. Cyber Insurance. Contractor agrees to purchase and maintain throughout the term of this Agreement a technology and professional liability insurance policy, including coverage for network security and data protection liability insurance (also called

“cyber liability”) covering liabilities for financial loss resulting or arising from acts, errors, or omissions, in rendering technology or professional services or in connection with the specific services described in violation or infringement of any right of privacy, including breach of security and breach of security or privacy laws, rules or regulations globally, now or hereinafter constituted or amended; data theft, damage, unauthorized disclosure, destruction, or corruption, including without limitation, unauthorized access, unauthorized use, identity theft, theft of personally identifiable information or confidential government, corporate, or public information in whatever

Invitation to Bid: Waste Pumping P a g e | 6 form; transmission of a computer virus or other type of malicious code; participation in a denial of service attack on third party computer systems; loss or denial of service;

with no cyber terrorism exclusion; with a minimum limit of three million dollars

($3,000,000) for each and every claim and in the aggregate. Such coverage must include technology and professional liability including breach of contract, privacy and security liability, privacy regulatory defense and payment of civil fines, payment of credit card provider penalties, and breach response costs (including without limitation, notification costs, forensics, credit protection services, call center services, identity theft protection services, and crisis management and public relations services). Such insurance must explicitly address all of the foregoing without limitation if caused by an employee of the Contractor or an independent contractor working on behalf of the Contractor in performing services under this Agreement.

Policy must provide coverage for wrongful acts, claims, and lawsuits anywhere in the world. Such insurance must include affirmative contractual liability coverage for any data breach indemnity in this Agreement, for all damages, defense costs, privacy regulatory civil fines and penalties, and reasonable and necessary data breach notification, forensics, credit protection services, public relations and crisis management, and other data breach mitigation services resulting from a confidentiality or security breach by or on behalf of the Contractor. Contractor shall furnish evidence of coverage at the time of any bid or proposal, and upon request at any time during the term of the Agreement.

B. Protecting Personal Identifying Information. Utah Code 63A-19-101 et seq. requires governmental agencies follow specific standards to protect personal data privacy.

Consistent with Utah Code 63A-19-401(4)(a) Contractor acknowledges that

Contractor is also required to comply with the relevant requirements of this chapter with regard to the personal data processed or accessed by Contractor as part of

Contractor’s duties under the Agreement to the same extent as required of the governmental entity.

Delivery/Shipping

The Contractor/Supplier shall be responsible for all delivery, shipping, transportation, and handling charges and shall include these costs in the scope of work and cost of the project as needed. Delivery and Shipping costs will not be paid as a separate line item.

Insurance

The insurance required by the Utah County Standard Terms and Conditions shall name

"Utah County, 100 East Center, Provo, Utah 84606" as a Certificate Holder.

The Contractor shall file as requested any and all required certificates of insurance with the

Utah County Public Works Department in a timely manner prior to commencing any work.

Keys

If it becomes necessary for the County to issue the Contractor a key to County locks, final payment to the Contractor will be held until the key has been returned and documented. It is illegal to duplicate County keys.

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Legal

The Contractor shall be responsible to provide all legal support for the services.

License

The Contractor shall have a current "Business License", issued by the county or city in which the Contractor's business is located, and shall provide proof of such license prior to the commencement of said work.

The Contractor shall have the appropriate licenses needed to perform solid waste disposal work in this State. The Contractor may be asked to provide proof of such license prior to the commencement of said work.

Payment

Payment shall be required in the manner prescribed in the Utah County Standard Terms and

Conditions. All bills must be signed and dated by both the Contractor and an authorized representative from the County as designated by the County Public Works Director before the payment process can commence. Each bill shall itemize the work performed in accordance with the approved bid schedule. Actual payment will be based upon verification by the County who will certify that the work has been performed.

The County will decide all questions which may arise as to the quality, quantity, and acceptability of materials furnished and work performed. The County will also decide all questions which may arise as to the acceptable fulfillment of the Agreement on the part of the

Contractor.

Payments may be withheld from the Contractor by the County in order to protect or offset the

County from loss due to:

A. Defective work not remedied.

B. Liens or claims filed or reasonable evidence of probable filing.

C. The Contractor's failure to promptly pay subcontractors for labor and/or materials accepted by the Contractor.

D. The County's reasonable doubt that the project can be completed for the unpaid balance of the contract price.

E. Damage to another contractor.

F. Failure to maintain scheduled progress.

G. Any other failure of the Contractor which results in liability for the County.

Safety Requirements

In order to protect the life and health of employees and the general public in the performance of any of the services, the Contractor shall comply with the general safety orders covering

Utah industries, issued by the Industrial Commission of Utah and Occupational Safety and

Health Act of 1970. Nothing in the Agreement shall relieve the Contractor of responsibility assigned in the Specifications, State Industrial Commission's requirements, or state and local laws and ordinances.

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The Contractor agrees to hold Utah County and its employees free and harmless from any and all damages/claims that may occur during the operation of the service. The Contractor shall assume sole liability for any injuries or damages caused to a third party as a result of fulfillment of this Agreement.

An authorized representative from the County as designated by the County Public Works

Director will have the authority by written order to suspend work wholly or in part due to the failure of the Contractor to correct conditions unsafe for the workmen or general public; for failure to carry out provisions of the agreement; for failure to carry out orders; for such periods as the County Public Works Director or the assigned authorized representative for the

County may deem necessary due to unsuitable weather; for conditions considered unsuitable for the progress of the work; or for any other condition or reason deemed to be in the public interest. Written orders shall state the reason for suspension.

Sales Tax

The Contractor shall be responsible for including in their bid schedule, not as a separate line, any sales tax charges for products, materials, or other items that the Contractor will be purchasing. The Contractor will not be allowed to use the County’s sales tax exemption number to purchase products, materials or other items that the Contractor will be installing as part of the agreement on the County’s behalf.

Supervision of Work

The County Public Works Director shall have full supervisory powers in determining the extent of the service. Compensation shall be based upon logbooks or inspection by an authorized representative from the County as designated by the County Public Works

Director for services completed as per the payment terms described under General

Requirements. All decisions concerning the extent and acceptability of the services and the quality of the service shall rest solely with the County Public Works Director or the assigned authorized representative for the County.

Invitation to Bid: Waste Pumping Page A-1

ATTACHMENT A

SPECIFICATIONS

A.1 PERMANENT SEWAGE HOLDING TANKS

When requested by County, Contractor shall provide sewage pumping and disposal services for

County-owned permanent sewage holding tanks including but not limited to:

Quantity Gallons Location

2 1,000 Vivian Park Restroom (Provo Canyon)

1 1,000 Vivian Park Restroom (Provo Canyon)

1 2,500 Nunns Park Restroom (Provo Canyon)

3 1,000 Nunns Park Restroom (Provo Canyon)

1 1,250 Benjamin Park Restroom (Benjamin)

1 1,000 Bridal Veil Falls Restroom (Provo Canyon)

1 1,000 Soldier Pass Shooting Range Restroom (West of Utah Lake)

1 1,000 Sandy Beach Restroom (Lake Shore)

1 1,000 Skipper Bay Restroom (Provo/Utah Lake)

TBD TBD Sewage pumping at various locations

A.2 PORTABLE SEWAGE HOLDING TANKS

When requested by County, Contractor shall provide sewage pumping and disposal services for

County-owned portable sewage holding tanks including but not limited to:

Quantity Gallons Location

1 250 Spanish Fork River Park (Spanish Fork Canyon)

2 250 Nunns Park (Provo Canyon)

1 250 Lincoln Beach Park (Utah Lake, near West Mountain)

TBD TBD Sewage pumping at various locations

A.3 SAND AND GREASE TRAPS, AND OIL SEPARATORS

A. When requested by County, Contractor shall provide sewage pumping and disposal services for the following County-owned sand and grease traps, and oil separators:

1. Location: Public Works Motor Pool, 2801 South State Street, Provo

Type: water and oil separator

Size: 8 feet long, 2 feet - 6 inches wide, 7 feet deep

2. Location: Public Works Car Wash, 2815 South State Street, Provo

Type: sand and grease trap

Size: 8 feet long, 2 feet - 6 inches wide, 7 feet deep

3. Location: Security Center Car Wash, 3015 N. 400 West, Spanish Fork

Type: two (2) sand trap vaults, and one (1) grease trap

Size: 5 feet long, 3 feet wide, 5 feet deep EACH

4. Location: Security Center Sally Port South Door, 3075 N. Main, Spanish Fork

Type: drain

Size: 5 feet long, 3 feet - 6 inches wide, 3 feet - 5½ inches deep

5. Location: Security Center Kitchen, 3075 N. Main, Spanish

Type: grease trap

6. Location: TBD Various types, sizes, and locations as determined by County.

B. The waste pumped from the sources listed above shall not be mixed with waste from any other source, County or otherwise, prior to disposal.

Invitation to Bid: Waste Pumping Page A-2

A.4 BASIS OF PAYMENT, INVOICING

A. The basis of payment for all items shall be a per-gallon fee, as listed in Exhibit B hereof, which shall include travel costs, pumping, transporting, and legally disposing of the specified material.

B. Contractor shall invoice County for each pumping service call. Contractor’s invoice shall list each tank that was pumped and its location, the date the tank was pumped, the number of gallons of material that were pumped and legally disposed of, and the charge per gallon or the minimum charge which matches the corresponding price in Exhibit B hereof. The invoice shall include a log signed by Contractor’s driver which documents and corroborates the information on Contractor’s invoice or a material weight ticket for verification of number of gallons pumped.

C. For material that requires use of the County-provided Waste Code, Contractor’s invoice shall include a manifest from the Contractor-selected waste disposal site documenting proper disposal of the specified material by Contractor.

D. Payment made for the items specified hereunder shall be full compensation for all labor, materials, transportation, tool, equipment, supplies, disposal fees, and other costs required to complete the work in accordance with the terms hereof.

A.5 SAMPLING AND WASTE CODES

A. County shall provide Contractor with a “Waste Code” as may be required to classify the chemical properties of the waste material from applicable facilities. Contractor shall furnish the Waste Code to appropriate disposal site companies as may be required.

B. County, in its sole discretion, shall select the provider of the Waste Code and shall be responsible for the procurement thereof.

C. Contractor shall select the waste disposal site.

A.6 REQUIRED EXPERIENCE & LICENSES

A. The Contractor must have a minimum of 3 years experience in the work specified herein.

Proof of experience must be submitted with each bid.

B. If required by state, federal or local laws, rules or regulations, the Contractor shall be licensed to perform the services provided for in this Agreement. Contractor shall provide proof of such license prior to the commencement of the work.

A.7 MISCELLANEOUS

A. County shall monitor each tank and shall notify Contractor to pump the same as needed.

B. Contractor shall schedule pumping operations in cooperation with the County to avoid conflicts with the scheduled uses at the applicable location.

C. All pumping services shall be provided within 24 hours from the time requested by County.

D. With the exception of the Waste Code as defined herein, Contractor shall be responsible for, and shall obtain, all permits and licenses that are required by the State of Utah and by the

Utah County Health Department.

E. The Contractor shall comply with all applicable local, state, and federal laws, rules, regulations, and codes.

F. Contractor shall comply with all applicable requirements of the Utah Labor Commission and the Occupational Safety and Health Act of 1970. Nothing in this Agreement shall relieve the

Contractor of responsibility in Utah Labor Commission’s requirements, or in Federal, state, and local laws, ordinances, or orders.

ATTACHMENT B

CONTRACTOR’S COST PROPOSAL

B.1 BID PRICES

Contractor shall provide a bid price for each item listed.

Actual payment will be based upon the applicable unit price and the amount of materials pumped and legally disposed of pursuant to this contract and corresponding invoices provided to Utah

County. The payment, as described, constitutes the sole consideration provided to Contractor for the services as described herein. No additional compensation, cost, expense, or liability shall be assumed or paid by Utah County.

Payment amount shall be either the minimum charge or the gallons pumped x the price per gallon whichever is greater. (Please make note of A.4 B for documentation required on all invoices.)

A. PERMANENT SEWAGE HOLDING TANKS

1. Vivian Park Restroom #1 (Provo Canyon)

(2 tanks @ 1,000 gal. ea)

Outhouse - contractor may need to add water $____________/gallon or $_______ min charge

2. Vivian Park Restroom #2 (Provo Canyon)

(1,000 gal. tank) $____________/gallon or $_______ min charge

3. Nunns Park Restroom #1 (Provo Canyon)

(2,500 gal. tank) $____________/gallon or $_______ min charge

4. Nunns Park Restroom #2 (Provo Canyon)

(3 tanks @ 1,000 gal. ea)

Outhouse - contractor may need to add water $____________/gallon or $_______ min charge

5. Benjamin Park Restroom (Benjamin)

(1,250 gal. tank) $____________/gallon or $_______ min charge

6. Bridal Veil Falls Restroom (Provo Canyon)

7. Soldier Pass Shooting Range Restroom (West of Utah Lake)

8. Sandy Beach Restroom (Lake Shore)

9. Skipper Bay Restroom (Provo/Utah Lake)

10. Various locations in Utah County, tbd $____________/gallon or $_______ min charge

B. PORTABLE SEWAGE HOLDING TANKS

1. Spanish Fork River Park (Spanish Fork Canyon)

(250 gal. tank) $____________/gallon or $_______ min charge

2. Nunns Park (Provo Canyon)

3. Lincoln Beach (Utah Lake, near West Mountain)

4. Various locations in Utah County, tbd $____________/gallon or $_______ min charge

C SAND AND GREASE TRAPS, AND OIL SEPARATORS

1. Location: Public Works Motor Pool, 2801 South State Street, Provo

Type: water and oil separator

Size: 8’ L x 2’-6” W x 7’ D $____________/gallon or $_______ min charge

2. Location: Public Works Car Wash, 2815 South State Street, Provo

Type: sand and grease trap

Size: 8’ L x 2’-6” W x 7’ D $____________/gallon or $_______ min charge

3. Location: Security Center Car Wash, 3015 N. 400 West, Spanish Fork

Type: two (2) sand trap vaults, and one (1) grease trap

Size: 5’ L x 3’ W x 5’ D EACH $____________/gallon or $_______ min charge

4. Location: Security Center Sally Port South Door, 3075 N. Main, Spanish Fork

Type: drain

Size: 5 feet long, 3 feet - 6 inches wide, 3 feet - 5½ inches deep

Size: 5’ L x 3’-6” W x 3’-5½” D $____________/gallon or $_______ min charge

5. Location: Security Center Kitchen, 3075 N. Main, Spanish

Type: grease trap

Size: 10’-6” L x 3’-8” W x 3’-2” D $____________/gallon or $_______ min charge

6. Various locations in Utah County, tbd $____________/gallon or $_______ min charge

B.2 CERTIFICATION

I hereby certify that I have read, understand, and agree to all sections, Exhibits, and Attachments of this Invitation to Bid for Waste Pumping. I further certify that the information submitted by me/my company in response to this ITB, including the pricing and other information, is true and accurate.

I understand that Utah County has the right to reject any or all proposals, to waive minor irregularities when to do so would be in the best interests of Utah County, and to negotiate a price for the proposed services as determined to be in the best interest of Utah County.

Signature

Title

Company Name

EXHIBIT A

CONTRACTOR INFORMATION FORM

In order to receive consideration, submitted proposals must contain responses to all questions.

Failure to respond to all questions may result in disqualification of the proposal.

COMPANY NAME & ADDRESS: ________________________________________________

Is this an Office:_________, Home:__________, Shop:___________, Other:____________

Telephone Number: (____) _______________, Emergency Number: (____) ______________.

Answering Machine: (____) _______________, Fax Number: (____) __________________ .

Email Address:

COMPANY OWNER: ___________________________________________________________

COMPANY PRESIDENT: _______________________________________________________

CONTACT PERSON: ______________________________________ Phone:______________

Type of Company (Partnership, Corporation, Venture etc.): ____________________________

If a Corporation, in what State Incorporated: _________________________________________

Business License Number: _______________________________________________________

State of Utah Contractor License Number: __________________________________________

Federal Tax Identification Number: ________________________________________________

SAM.gov UEI Number: _________________________________________________________

How long has this company been in business: _____________Years, and ___________ Months.

Officers authorized to execute contracts: _____________________________________________

What would happen to your company in the event of the owner’s absence or death?

Brief History of the Company: ____________________________________________________

Are there any judgments, suits or claims pending YES NO against your company? If Yes, attach a written explanation. □ □

Has your company operated under any other name (s)? YES NO

If Yes, attach a written explanation. □ □

PROPOSAL INFORMATION FORM Page 2

Has your firm failed to complete a contract within the last five years? YES NO

If "yes" attach explanation. □ □

Has your firm or any partner or officers ever been involved in any YES NO bankruptcy action? If "yes" attach explanation. □ □

Has your firm ever been listed on the Excluded Parties List System? YES NO

Are any of your firm's owners, officers, employees, or agents also YES NO employees of Utah County or related to any employees of Utah County □ □

If "yes" attach explanation.

FINANCIAL REFERENCES

1. Bank Name & Address ________________________________________________________

Manager ____________________________________________ Phone ____________________

2. Bank Name & Address ________________________________________________________

Manager ____________________________________________ Phone ____________________

CLIENT REFERENCES

1. Name: ___________________________, Contact: __________________________________

Address: ______________________________________________, Phone: _________________

2. Name: ___________________________, Contact: __________________________________

Address: ______________________________________________, Phone: _________________

3. Name: ___________________________, Contact: __________________________________

Address: ______________________________________________, Phone: _________________

4. Name: ___________________________, Contact: __________________________________

Address: ______________________________________________, Phone: _________________

EXHIBIT B

CERTIFICATE OF NON-COLLUSION

STATE OF UTAH ) Invitation to Bid

)SS for

COUNTY OF UTAH ) Waste Pumping

AFFIDAVIT

The undersigned of lawful age, being first duly sworn, disposes and says:

That as a condition precedent to the award of the Utah County project as above captioned, I___________________________________________________________________________

(owner, partner, officer or delegate) of__________________________________________________________________________do

(company) solemnly swear that neither I, nor to the best of my knowledge any member or members of my firm or company have either directly or indirectly restrained free and competitive bidding on this project by entering into any agreement, participating in any collusion, or otherwise taking any action unauthorized by Utah County, with regard to this bid or potential agreement resulting therefrom.

Signature

By: _____________________________________

Title: ___________________________________

Subscribed/sworn to before me this ____ day of __________ 2026 A.D.

My Commission Expires __________________________

Residing at _________________________________

_________________________________ Seal

By:__________________________________________

Notary Public

EXHIBIT C

AGREEMENT

AGREEMENT No. 20___-_____

AGREEMENT

THIS AGREEMENT is made and entered into by and between Utah County, a political and corporate body of the State of Utah, located at 100 East Center Street, Provo, Utah 84606, and the following CONTRACTOR:

Name: Contact Person:

Address: Phone #:

City: State: Zipcode: Email:

Legal Status of Contractor: Sole Proprietor Non-Profit Corporation

Partnership For-Profit Corporation

Government Department: __________________________

1. PURPOSE OF CONTRACT

This agreement is to obtain the following products, services, or products and services (be specific):

2.

3.

4.

CONTRACT COSTS

Contractor will be:

paid a maximum of $_______________________ for costs authorized by this agreement;

compensated in accordance with ATTACHMENT B: CONTRACTOR’s Proposal.

CONTRACT PERIOD

The term of this agreement shall commence on: ________________, or the date of execution of this agreement.

This agreement shall terminate on _______________ unless terminated early or performance has been completed.

ATTACHMENTS

The following indicated attachments are fully incorporated into this agreement:

A: Utah County Standard Terms and Conditions B: CONTRACTOR’s Proposal C: Special Provisions D: Utah County Procurement Compliance E: General Liability and Workers Compensation Certificate

F: ______________________________________ G: ______________________________________ H: ______________________________________

Except as explicitly modified by ATTACHMENT C: Special Provisions, any ambiguities or conflicting terms will be resolved by granting deference to the terms of ATTACHMENT A: Utah County’s Standard Terms and Conditions.

IN WITNESS WHEREOF, the parties have executed this agreement on ______ of _____________ 20____.

ATTEST:

AARON R. DAVIDSON

Utah County Clerk

By: _____________________________________ Deputy Clerk

APPROVED AS TO FORM AND LEGALITY:

JEFFREY S. GRAY

Utah County Attorney

By: _____________________________________ Deputy Utah County Attorney

BOARD OF COUNTY COMMISSIONERS,

UTAH COUNTY, UTAH

By: _____________________________________ BRANDON B. GORDON, Chair

CONTRACTOR

By: _____________________________________ Its: _____________________________________

Revised 1/2025

Limited Liability Company (LLC)

ATTACHMENT A:

UTAH COUNTY STANDARD TERMS AND CONDITIONS FOR PRODUCTS AND SERVICES

1. DEFINITIONS. The following terms shall have the meanings set forth below:

(A) The “Agreement” consists of the following documents:

(i) The Utah County Agreement cover page, which contains the signatures of Utah County and

Contractor;

(ii) This Attachment A: Utah County Standard Terms and Conditions for Products and Services; and

(iii) Any other express written attachments that are incorporated by reference on the Utah County

Agreement cover page.

(B) “Contractor” means the individual or entity delivering the Products and Services identified in the

Agreement. The term “Contractor” shall include the individual’s or entities’ agents, officers, employees, and partners.

(C) The “County” means Utah County, a political subdivision of the State of Utah, as directed and managed by a majority vote of the Board of County Commissioners of Utah County.

(D) “Products” means any products to be delivered to the County by Contractor as described in the Utah

County Agreement cover page, including any products described in any attachments that are incorporated by reference on the Utah County Agreement cover page.

(E) “Services” means any services to be performed for the County by Contractor as described in the Utah

County Agreement cover page, including any services described in any attachments that are incorporated by reference on the Utah County Agreement cover page.

(F) “Subcontractors” mean subcontractors or subconsultants that are under the direct or indirect control or responsibility of Contractor, and includes all independent contractors, agents, employees, or authorized resellers.

2. EXTRA WORK.

(A) Extra work shall be undertaken only when previously authorized in writing by the County and is defined as additional work which is neither shown nor defined in the Agreement or the attached Contractor’s proposal (if any) but determined by the County to be necessary to the project. Extra work is also defined as that additional effort necessary by reason of changed conditions which are radical and unforeseeable.

(B) Miscellaneous items normally associated with the major work items included in the Agreement, but which may not be specifically identified, shall be furnished by Contractor as if they had been included in the Agreement, without additional cost to the County. After written prior authorization of the Board of County Commissioners of Utah County, payment for authorized extra work will be made in the previously authorized amount only.

3. PAYMENT. Payments from the County are normally made within thirty (30) days following the date an order is delivered, service is performed, or the date a correct invoice is received, whichever is later. All payments for the Agreement will be remitted electronically, by mail, or as otherwise determined by the

County. Contractor shall accept payment by check or by Purchasing Card without any additional fees.

4. OWNERSHIP IN INTELLECTUAL PROPERTY. The County and Contractor each recognize that each has no right, title, interest, proprietary or otherwise in the intellectual property owned or licensed by the other, unless otherwise agreed upon by the parties in writing. The County will have all rights, title, and ownership of all websites and social media accounts, including any passwords, usernames, or other pertinent login information or hosting credentials; advertising materials, including any content or work product; images; newsletters; and intellectual property, including derivative works, created, or arising out of the performance of the Agreement, unless otherwise indicated in the Agreement. Contractor will give the County a list of all current passwords, usernames, and any other relevant information or credentials necessary for access and control of any property under the Agreement upon completion of the Agreement or upon the County’s request.

5. INSURANCE.

(A) Contractor agrees to carry Commercial General Liability insurance coverage equal to or greater than three million dollars ($3,000,000) per occurrence, or in a lesser amount if explicitly authorized and identified on the Utah County Agreement cover page. This coverage shall provide liability insurance to cover the activities of Contractor and its subcontractors, all equipment and vehicles, public or private, used in the performance of the Agreement, and to add the County as an additional insured for any

Services in the contract. Prior to commencement of work, Contractor shall furnish a Certificate of

Insurance to the County evidencing that Contractor has this insurance in place and that the County is an additional insured. An umbrella policy may be used to supplement the Commercial General Liability insurance coverage if needed to reach the coverage requirement.

(B) Prior to commencement of Services, Contractor shall furnish a Certificate of Insurance to the County evidencing that Contractor has Workers Compensation Insurance for the Contractor and

Subcontractors.

6. Data Privacy. If Contractor, as part of this agreement or transaction, will receive or work with County information, or if they will be gathering data on behalf of the County, Contractor will be required to comply with the following provisions as applicable.

(A) Cyber Insurance. Contractor agrees to purchase and maintain throughout the term of this Agreement a technology and professional liability insurance policy, including coverage for network security and data protection liability insurance (also called “cyber liability”) covering liabilities for financial loss resulting or arising from acts, errors, or omissions, in rendering technology or professional services or in connection with the specific services described in violation or infringement of any right of privacy, including breach of security and breach of security or privacy laws, rules or regulations globally, now or hereinafter constituted or amended; data theft, damage, unauthorized disclosure, destruction, or corruption, including without limitation, unauthorized access, unauthorized use, identity theft, theft of personally identifiable information or confidential government, corporate, or public information in whatever form; transmission of a computer virus or other type of malicious code; participation in a denial of service attack on third party computer systems; loss or denial of service; with no cyber terrorism exclusion; with a minimum limit of three million dollars ($3,000,000) for each and every claim and in the aggregate. Such coverage must include technology and professional liability including breach of contract, privacy and security liability, privacy regulatory defense and payment of civil fines, payment of credit card provider penalties, and breach response costs (including without limitation, notification costs, forensics, credit protection services, call center services, identity theft protection services, and crisis management and public relations services). Such insurance must explicitly address all of the foregoing without limitation if caused by an employee of the Contractor or an independent contractor working on behalf of the Contractor in performing services under this Agreement. Policy must provide coverage for wrongful acts, claims, and lawsuits anywhere in the world. Such insurance must include affirmative contractual liability coverage for any data breach indemnity in this Agreement, for all damages, defense costs, privacy regulatory civil fines and penalties, and reasonable and necessary data breach notification, forensics, credit protection services, public relations and crisis management, and other data breach mitigation services resulting from a confidentiality or security breach by or on behalf of the Contractor. Contractor shall furnish evidence of coverage at the time of any bid or proposal, and upon request at any time during the term of the Agreement.

(B) Protecting Personal Identifying Information. Utah Code 63A-19-101 et seq. requires governmental agencies follow specific standards to protect personal data privacy. Consistent with Utah Code 63A-

19-401(4)(a) Contractor acknowledges that Contractor is also required to comply with the relevant requirements of this chapter with regard to the personal data processed or accessed by Contractor as part of Contractor’s duties under the Agreement to the same extent as required of the governmental entity.

7. GOVERNING LAW AND VENUE. The Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Utah and Utah County. Any action or proceeding arising from the

Agreement shall be brought in a court of competent jurisdiction in the State of Utah. Venue shall be in

Provo, in the Fourth Judicial District Court for Utah County.

8. COMPLIANCE WITH LAWS AND REGULATIONS. At all times during the Agreement, Contractor and all Products and Services performed under the Agreement shall comply with all applicable federal and state constitutions, laws, rules, codes, orders, and regulations, including applicable licensure and certification requirements. Any violation by Contractor of applicable law shall constitute an event of default under the Agreement and Contractor shall indemnify the County from and against any and all liability arising out of or connected with the violation, to include all attorney fees and costs incurred by the

County as a result of the violation. Contractor is responsible, at its expense, to acquire, maintain, and renew all necessary permits and licenses required for its lawful performance of its duties and obligations under the Agreement during the term of the Agreement. To the extent that Contractor uses, stores, transfers, or manipulates any data in the performance of its obligations, Contractor will further comply with all applicable privacy and data laws and regulations, including but not limited to General Data Protection

Regulation 2016/679 of the European Union (“GDPR”) and similar provisions from any jurisdiction in the

United States and any locations where data is or may be stored.

9. EMPLOYMENT STATUS VERIFICATION. Contractor shall register and participate in the Status

Verification System and comply with Utah Code section 63G-12-302 of the Identity Documents and

Verification Act. Contractor shall require an affidavit verifying compliance with Utah Code section 63-G-

12-302 from each of its contractors and subcontractors.

10. INDEPENDENT CONTRACTOR. Contractor’s legal status is that of an independent contractor, and in no manner shall Contractor be deemed an employee or agent of the County, and therefore is not entitled to any of the benefits associated with such employment. As an independent contractor, Contractor shall have no express or implied authority to bind the County to any agreements, settlements, liabilities, or understandings whatsoever, and agrees not to perform any acts as an agent for the County. Contractor shall remain responsible for all applicable federal, state, and local taxes, and all FICA contributions.

11. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the County, its officers, employees, and agents, from and against any and all claims, demands, causes of action, orders, decrees, judgements, losses, risks of loss, damages, expenses, and liabilities arising out of or related to the Agreement. Contractor shall also pay any litigation expenses that the County incurs, including attorney’s fees, arising out of or related to the Agreement. As between the parties to the

Agreement, Contractor shall assume sole liability for any injuries or damages caused to a third party as a result of fulfillment of the Agreement. The County reserves the right to conduct, control, and direct its own defense for any claims, demands, causes of action, orders, decrees, judgements, losses, damages, expenses, and liabilities arising out of or related to the Agreement.

12. INDEMNIFICATION RELATING TO INTELLECTUAL PROPERTY. Contractor shall indemnify and hold the County harmless from and against any and all damages, expenses (including reasonable attorney’s fees), claims, judgments, liabilities, and costs in any action or claim brought against the County for infringement of a third party’s copyright, trademark, trade secret, or other proprietary right arising from this Agreement.

13. GOVERNMENTAL IMMUNITY. The County is a corporate and political subdivision of the State of

Utah, subject to the Governmental Immunity Act of Utah (the “Act”). The County does not waive any procedural or substantive defense or benefit provided or to be provided by the Act or any comparable legislative enactment.