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08/14/2015 Finance Committee Meeting Packet Finance Committee Agenda August 14, 2015 County Manager's Front Conference Room 11:00 a.m. 1. Call to order 2. Approval of Agenda (meeting noticed on August 7, 2015) 3. Approval of Minutes from October 24, 2014 Meeting 4. 2015 Refunding of Series 2006 Water and Sewer Bonds maturing 2017-2022 5. Consideration of new Finance Committee member 6. Other Business 7. Adjourn—Next Meeting—TBD Collier County Government Communication & Customer Relations 3299 Tamiami Trail East, Suite 102 colliergov.net Naples, FL 34112-5746 twitter.com/CollierPIO facebook.com/CollierGov voutube.com/CollierGov August 7,2015 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING COLLIER COUNTY FINANCE COMMITTEE COLLIER COUNTY, FLORIDA FRIDAY, AUGUST 14,2015 11:00 A.M. Notice is hereby given that the Collier County Finance Committee will meet Friday,August 14, at 11:00 a.m. in the County Manager's Front Conference Room, second floor, Collier County Government Center, 3299 Tamiami Trail East,Naples, Fla. About the public meeting: Two or more members of the Board of County Commissioners may be present and may participate at the meeting. The subject matter of this meeting may be an item for discussion and action at a future Board of County Commissioners meeting. All interested parties are invited to attend, and to register to speak. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations in order to participate in this proceeding, should contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East,Naples, Florida 34112, or(239) 252-8380 as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. For more information, call Mark Isackson at(239) 252-8973. ### DRAFT COLLIER COUNTY FINANCE COMMITTEE MEETING MINUTES October 24, 2014, 10:00 A.M. In attendance: Mark Isackson, Corporate Financial Operations CMO; Crystal Kinzel, Clerk of Courts Finance Director; Susan Usher, Senior Budget Analyst OMB; Derek Johnssen, Clerk of Courts Assistant Finance Director; Joe Bellone, Interim Director Operations Support-Public Utilities; Laura Zautcke, Senior Budget Analyst, Public Utilities Operations; Jeff Klatzkow, County Attorney; Ed Finn, Senior Budget Analyst OMB;Jim Gibson; Amy Patterson, Manager Impact Fees & EDC. Present by phone: Sergio Masvidal from the PFM Group;Steve Miller from Nabors, Giblin 1. Call to Order: Mark called the meeting to order at 10:03 a.m. 2. Approve Agenda: Meeting noticed October 10, 2014. Agenda unanimously approved. 3. Approval of Minutes from the April 14, 2014 meeting: No changes made. Mark Isackson motioned to approve the minutes as written; seconded by Crystal Kinzel, unanimously approved. 4. General Discussion on Funding Future Capital Improvements: Budget Policy for 2015 back log maintenance and storm water infrastructure options: Cut $15 to$20 million and shift it over to capital Financing option (per Derek) MSTU option (per Jeff) Pay-As-You-Go Debt proceeds should be spent in three year time period Steve Miller reviewed the current Commercial Paper Program through The Florida Local Government Finance Commission. Steve nor Sergio offered any wisdom on future interest rates; although, they remain low if the County pursued a debt issue. While there was discussion on numerous capital projects including roadway, stormwater, utilities and other infrastructure needs; there seemed to be a general consensus to continue with the pay-as-you-go philosophy. Issuance of debt is always a policy option of the County and is positioned nicely to issue any debt at the Board's discretion. Crystal recommended summary of proposed capital work be prepared. Do certain projects lend themselves to financing? Use list to determine what projects lend themselves to financing. Public Utilities received a 5-0 vote by the board for a rate increase. There are possible state monies available to us and we get some from Big Cypress Basin but not much. Crystal suggested that we list revenue options and compare them to other counties. What is the impact in regards to the Collier County debt policy? DRAFT Summary of Proposed capital work to be prepared. Jeff had a commissioner inquiring on how the Finance Committee was established. He suggests that we do an executive summary to establish the committee formally. Reminder that the Forest Lakes deal will be have a 10 year call in 2017 (per Derek) Collier County was in the top three for the lowest millage rate but we have one of the highest taxable rates. 5. Public Comment: None 6. Adjourn: Meeting adjourned at 11:00 a.m. Next meeting to be decided. (Possibly beginning of December since November 28th falls on a holiday) APPROVED FINAL COLLIER COUNTY FINANCE COMMITTEE MEETING MINUTES October 24, 2014, 10:00 A.M. In attendance: Mark Isackson, Corporate Financial Operations CMO; Crystal Kinzel, Clerk of Courts Finance Director; Susan Usher, Senior Budget Analyst OMB; Derek Johnssen, Clerk of Courts Assistant Finance Director; Joe Bellone, Interim Director Operations Support-Public Utilities; Laura Zautcke, Senior Budget Analyst, Public Utilities Operations; Jeff Klatzkow, County Attorney; Ed Finn, Senior Budget Analyst OMB;Jim Gibson; Amy Patterson, Manager Impact Fees & EDC. Present by phone: Sergio Masvidal from the PFM Group;Steve Miller from Nabors, Giblin 1. Call to Order: Mark called the meeting to order at 10:03 a.m. 2. Approve Agenda: Meeting noticed October 10, 2014. Agenda unanimously approved. 3. Approval of Minutes from the April 14, 2014 meeting: No changes made. Mark Isackson motioned to approve the minutes as written; seconded by Crystal Kinzel, unanimously approved. 4. General Discussion on Funding Future Capital Improvements: Budget Policy for 2015 back log maintenance and storm water infrastructure options: Cut$15 to$20 million and shift it over to capital Financing option (per Derek) MSTU option (per Jeff) Pay-As-You-Go Debt proceeds should be spent in three year time period Steve Miller reviewed the current Commercial Paper Program through The Florida Local Government Finance Commission. Steve nor Sergio offered any wisdom on future interest rates; although, they remain low if the County pursued a debt issue. While there was discussion on numerous capital projects including roadway, stormwater, utilities and other infrastructure needs; there seemed to be a general consensus to continue with the pay-as-you-go philosophy. Issuance of debt is always a policy option of the County and is positioned nicely to issue any debt at the Board's discretion. Crystal recommended summary of proposed capital work be prepared. Do certain projects lend themselves to financing? Use list to determine what projects lend themselves to financing. Public Utilities received a 5-0 vote by the board for a rate increase. There are possible state monies available to us and we get some from Big Cypress Basin but not much. Crystal suggested that we list revenue options and compare them to other counties. What is the impact in regards to the Collier County debt policy? APPROVED FINAL Summary of Proposed capital work to be prepared. Jeff had a commissioner inquiring on how the Finance Committee was established. He suggests that we do an executive summary to establish the committee formally. Reminder that the Forest Lakes deal will be have a 10 year call in 2017 (per Derek) Collier County was in the top three for the lowest millage rate but we have one of the highest taxable rates. 5. Public Comment: None 6. Adjourn: Meeting adjourned at 11:00 a.m. Next meeting to be decided. (Possibly beginning of December since November 28th falls on a holiday) . . w Q, -c ›- C '''' e__ ....,1-- E cv 15 ' • w -0 +4 un tri c .0 8 r0 n3 aira 0 a) yr CI ro rN 4— CY Cl. I.., - o, 0 -41— a) "C 6gD t5 CIJ c 4_, c ...... in 1- al fa ci E 172, IN .e o -o ..), IN ...., ,..„, 8 1:, r4 0 CO OC a 2 tto 0, co r'-• 4- 0 • - .-, • ...Y Q 0 .0 r-) qj a) . 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TO 0 ru - •),..'"' 0 3 , 1...c W Z w t ,..i.,n I—U en-a (.9 - 6n 0 ci cc ro co _, 2 4.,1 Q. fn 0 d' d ,- , + fs SOURCES AND USES OF FUNDS Collier County,Florida(Water-Sewer District) Proposed Refunding of the Series 2006 W&S Revenue Bonds(2017-2022) PRELIMINARY NUMBERS Assumed Bank Loan Financing @ 2.00% Dated Date 10/01/2015 Delivery Date 10/01/2015 Sources: Bond Proceeds: Par Amount 16,306,000.00 Other Sources of Funds: Prior Sinking Fund 178,065.63 Reserve Release 1,488,603.05 1,666,668.68 17,972,668.68 Uses: Refunding Escrow Deposits: Cash Deposit 17,922,262.50 Delivery Date Expenses: Cost of Issuance 50,000.00 Other Uses of Funds: Additional Proceeds 406.18 17,972,668.68 Note: *Preliminary Numbers for discussion purposes only. Jul 10,2015 3:27 pm Prepared by Public Financial Management,Inc. C-1 Page 1 • BOND SUMMARY STATISTICS Collier County,Florida(Water-Sewer District) Proposed Refunding of the Series 2006 W&S Revenue Bonds(2017-2022) PRELIMINARY NUMBERS Assumed Bank Loan Financing @ 2.00% Dated Date 10/01/2015 Delivery Date 10/01/2015 First Coupon 01/01/2016 Last Maturity 07/01/2022 Arbitrage Yield 2.000286% True Interest Cost(TIC) 2.000286% Net Interest Cost(NIC) 2.000000% All-In TIC 2.071339% Average Coupon 2.000000% Average Life(years) 4.578 Duration of Issue(years) 4.367 Par Amount 16,306,000.00 Bond Proceeds 16,306,000.00 Total Interest 1,492,890.00 Net Interest 1,492,890.00 Total Debt Service 17,798,890.00 Maximum Annual Debt Service 4,422,720.00 Average Annual Debt Service 2,636,872.59 Underwriter's Fees(per$1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 100.000000 Par Average Average PV of 1 bp Bond Component Value Price Coupon Life change Bond Component 16,306,000.00 100.000 2.000% 4.578 7,038.45 16,306,000.00 4.578 7,038,45 All-In Arbitrage TIC TIC Yield Par Value 16,306,000.00 16,306,000.00 16,306,000.00 +Accrued Interest +Premium(Discount) -Underwriter's Discount -Cost of Issuance Expense -50,000.00 -Other Amounts Target Value 16,306,000.00 16,256,000.00 16,306,000.00 Target Date 10/01/2015 10/01/2015 10/01/2015 Yield 2.000286% 2.071339% 2.000286% Note: *Preliminary Numbers for discussion purposes only. Jul 10,2015 3:27 pm Prepared by Public Financial Management,Inc. ' M' Page 2 • , SUMMARY OF REFUNDING RESULTS Collier County,Florida(Water-Sewer District) Proposed Refunding of the Series 2006 W&S Revenue Bonds(2017-2022) PRELIMINARY NUMBERS Assumed Bank Loan Financing @ 2.00% Dated Date 10/01/2015 Delivery Date 10/01/2015 Arbitrage yield 2.000286% Escrow yield 0.000000% Value of Negative Arbitrage Bond Par Amount 16,306,000.00 True Interest Cost 2.000286% Net Interest Cost 2.000000% Average Coupon 2.000000% Average Life 4.578 Par amount of refunded bonds 17,210,000.00 Average coupon of refunded bonds 4.112323% Average life of refunded bonds 4.618 PV of prior debt to 10/01/2015 @ 2.000286% 18,973,645.28 Net PV Savings 1,001,382.78 Percentage savings of refunded bonds 5.818610% Percentage savings of refunding bonds 6.141192% Note: *Preliminary Numbers for discussion purposes only. Jul 10,2015 3:27 pm Prepared by Public Financial Management,Inc. Page 3 SUMMARY OF BONDS REFUNDED Collier County,Florida(Water-Sewer District) Proposed Refunding of the Series 2006 W&S Revenue Bonds(2017-2022) PRELIMINARY NUMBERS Assumed Bank Loan Financing @ 2.00% Maturity Interest Par Call Call Bond Date Rate Amount Date Price Series 2006(Post 2014 SRF Refunding): SERIAL 07/01/2017 4.250% 2,310,000.00 07/01/2016 100.000 07/01/2018 4.250% 2,410,000.00 07/01/2016 100.000 07/01/2019 4.250% 2,510,000.00 07/01/2016 100.000 07/01/2020 4.000% 2,620,000.00 07/01/2016 100.000 07/01/2021 4.000% 2,730,000.00 07/01/2016 100.000 07/01/2022 4.125% 4,630,000.00 07/01/2016 100.000 17,210,000.00 Note: *Preliminary Numbers for discussion purposes only. Jul 10,2015 3:27 pm Prepared by Public Financial Management,Inc. r Page 4 SAVINGS Collier County,Florida(Water-Sewer District) Proposed Refunding of the Series 2006 W&S Revenue Bonds(2017-2022) PRELIMINARY NUMBERS Assumed Bank Loan Financing @ 2.00% Present Value Prior Prior Prior Refunding to 10/01/2015 Date Debt Service Receipts Net Cash Flow Debt Service Savings @ 2.0002862% 07/01/2016 712,262.50 178,065.63 534,196.87 244,590.00 289,606.87 285,383.19 07/01/2017 3,022,262.50 3,022,262.50 2,624,120.00 398,142.50 386,378.37 07/01/2018 3,024,087.50 3,024,087.50 2,626,160.00 397,927.50 378,313.37 07/01/2019 3,021,662.50 3,021,662.50 2,623,240.00 398,422.50 371,059.85 07/01/2020 3,024,987.50 3,024,987.50 2,626,440.00 398,547.50 363,593.34 07/01/2021 3,030,187.50 3,030,187.50 2,631,620.00 398,567.50 356,196.27 07/01/2022 4,820,987.50 4,820,987.50 4,422,720.00 398,267.50 348,655.26 20,656,437.50 178,065.63 20,478,371.87 17,798,890.00 2,679,481.87 2,489,579.65 Savings Summary PV of savings from cash flow 2,489,579.65 Less:Prior funds on hand -1,488,603.05 Plus:Refunding funds on hand 406.18 Net PV Savings 1,001,382.78 Note: *Preliminary Numbers for discussion purposes only. Jul 10,2015 3:27 pm Prepared by Public Financial Management,Inc. ''r"' Page 5 BOND PRICING Collier County,Florida(Water-Sewer District) Proposed Refunding of the Series 2006 W&S Revenue Bonds(2017-2022) PRELIMINARY NUMBERS Assumed Bank Loan Financing @ 2.00% Maturity Bond Component Date Amount Rate Yield Price Bond Component: 07/01/2017 2,298,000 2.000% 2.000% 100.000 07/01/2018 2,346,000 2.000% 2.000% 100.000 07/01/2019 2,390,000 2.000% 2.000% 100.000 07/01/2020 2,441,000 2.000% 2.000% 100.000 07/01/2021 2,495,000 2.000% 2.000% 100.000 07/01/2022 4,336,000 2.000% 2.000% 100.000 16,306,000 Dated Date 10/01/2015 Delivery Date 10/01/2015 First Coupon 01/01/2016 Par Amount 16,306,000.00 Original Issue Discount Production 16,306,000.00 100.000000% Underwriter's Discount Purchase Price 16,306,000.00 100.000000% Accrued Interest Net Proceeds 16,306,000.00 Note: *Preliminary Numbers for discussion purposes only. Jul 10,2015 3:27 pm Prepared by Public Financial Management,Inc. 01" Page 6 BOND DEBT SERVICE Collier County,Florida(Water-Sewer District) Proposed Refunding of the Series 2006 W&S Revenue Bonds(2017-2022) PRELIMINARY NUMBERS Assumed Bank Loan Financing @ 2.00% Period Debt Ending Principal Coupon Interest Service 07/01/2016 244,590 244,590 07/01/2017 2,298,000 2.000% 326,120 2,624,120 07/01/2018 2,346,000 2.000% 280,160 2,626,160 07/01/2019 2,390,000 2.000% 233,240 2,623,240 07/01/2020 2,441,000 2.000% 185,440 2,626,440 07/01/2021 2,495,000 2.000% 136,620 2,631,620 07/01/2022 4,336,000 2.000% 86,720 4,422,720 16,306,000 1,492,890 17,798,890 Note: *Preliminary Numbers for discussion purposes only. Jul 10,2015 3:27 pm Prepared by Public Financial Management,Inc. r ° Page 7 BOND DEBT SERVICE Collier County,Florida(Water-Sewer District) Proposed Refunding of the Series 2006 W&S Revenue Bonds(2017-2022) PRELIMINARY NUMBERS Assumed Bank Loan Financing @ 2.00% Annual Period Debt Debt Ending Principal Coupon Interest Service Service 01/01/2016 81,530 81,530 07/01/2016 163,060 163,060 244,590 01/01/2017 163,060 163,060 07/01/2017 2,298,000 2.000% 163,060 2,461,060 2,624,120 01/01/2018 140,080 140,080 07/01/2018 2,346,000 2.000% 140,080 2,486,080 2,626,160 01/01/2019 116,620 116,620 07/01/2019 2,390,000 2.000% 116,620 2,506,620 2,623,240 01/01/2020 92,720 92,720 07/01/2020 2,441,000 2.000% 92,720 2,533,720 2,626,440 01/01/2021 68,310 68,310 07/01/2021 2,495,000 2.000% 68,310 2,563,310 2,631,620 01/01/2022 43,360 43,360 07/01/2022 4,336,000 2.000% 43,360 4,379,360 4,422,720 16,306,000 1,492,890 17,798,890 17,798,890 Note: *Preliminary Numbers for discussion purposes only. Jul 10,2015 3:27 pm Prepared by Public Financial Management,Inc. N'0 Page 8 ESCROW REQUIREMENTS Collier County,Florida(Water-Sewer District) Proposed Refunding of the Series 2006 W&S Revenue Bonds(2017-2022) PRELIMINARY NUMBERS Assumed Bank Loan Financing @ 2.00% Period Principal Ending Interest Redeemed Total 01/01/2016 356,131.25 356,131.25 07/01/2016 356,131.25 17,210,000.00 17,566,131.25 712,262.50 17,210,000.00 17,922,262.50 Note: *Preliminary Numbers for discussion purposes only. Jul 10,2015 3:27 pm Prepared by Public Financial Management,Inc. " Page 9 ESCROW COST Collier County,Florida(Water-Sewer District) Proposed Refunding of the Series 2006 W&S Revenue Bonds(2017-2022) PRELIMINARY NUMBERS Assumed Bank Loan Financing @ 2.00% Purchase Cost of Cash Total Date Securities Deposit Escrow Cost 10/01/2015 17,922,262.50 17,922,262.50 0 17,922,262.50 17,922,262.50 Note: *Preliminary Numbers for discussion purposes only. Jul 10,2015 3:27 pm Prepared by Public Financial Management,Inc. ''_ " Page 10 P ' ESCROW SUFFICIENCY Collier County,Florida(Water-Sewer District) Proposed Refunding of the Series 2006 W&S Revenue Bonds(2017-2022) PRELIMINARY NUMBERS Assumed Bank Loan Financing @ 2.00% Escrow Net Escrow Excess Excess Date Requirement Receipts Receipts Balance 10/01/2015 17,922,262.50 17,922,262.50 17,922,262.50 01/01/2016 356,131.25 -356,131.25 17,566,131.25 07/01/2016 17,566,131.25 -17,566,131.25 17,922,262.50 17,922,262.50 0.00 Note: *Preliminary Numbers for discussion purposes only. Jul 10,2015 3:27 pm Prepared by Public Financial Management,Inc. '§''3 Page 11 0 ESCROW STATISTICS Collier County,Florida(Water-Sewer District) Proposed Refunding of the Series 2006 W&S Revenue Bonds(2017-2022) PRELIMINARY NUMBERS Assumed Bank Loan Financing @ 2.00% Modified Yield to Yield to Perfect Value of Total Duration Receipt Disbursement Escrow Negative Cost of Escrow Escrow Cost (years) Date Date Cost Arbitrage Dead Time SFI 178,065.63 177,181.80 883.83 BF 17,744,196.87 17,483,039.94 261,156.93 17,922,262.50 17,660,221.74 0.00 262,040.76 Delivery date 10/01/2015 Arbitrage yield 2.000286% Note: *Preliminary Numbers for discussion purposes only. Jul 10,2015 3:27 pm Prepared by Public Financial Management,Inc. yzPage 12 Overview of Major Changes to Standard ITB Exhibit Exhibit Name Changes Made Changed "County" to "District" in numerous sections in the document. I Scope of Work Deleted Sentence -The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. II General Bid Instructions Deleted Item 2 - Pricing II General Bid Instructions Deleted Item 4- Equal Product II General Bid Instructions Deleted Item 12 - Local Vendor Preference (LVP) III Standard Purchase Order Deleted Whole Exhibit Terms and Conditions IV Additional ITB Terms and Deleted Item 6 - Environmental Health and Safety Conditions IV Additional ITB Terms and Deleted Item 7 - Florida Wood Products. New Section that was Conditions deleted in this ITB. IV Additional ITB Terms and Item 11 - Invoice and Payments- Deleted bullet point "Purchase Conditions Order Number" DRAFT Co er County Admimettatve Services Department Procurement Semes Dmswan INVITATION TO BID Date: August 17, 2015 From: Swainson Hall, Procurement Strategist (239) 252-8935 (Telephone) (239) 252-6334 (FAX) swainsonhall(a�colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: 15-6511 Public Utilities Term Bank Loan As requested by the Collier County Water-Sewer District, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Laura Zautcke Note: All ITB responses submitted must include one (1) printed original labeled MASTER, along with one (1) exact duplicate copy, including all required forms. rt • AralernertSer: s Drawn•3327 Taman Trail East•Naples.Ronda 34t12 4901.2392524407f WON cditeryov.netiprorturemcmiseraces 15-6511 Public Utilities Term Bank Loan 1 DRAFT Invitation to Bid Index Public Notice 3 Exhibit I: Scope of Work, Specifications and Response Format 4 Exhibit II: General Bid Instructions 8 Exhibit III: Standard Purchase Order Terms and Conditions 12 Exhibit IV: Additional ITB Terms and Conditions 12 Attachment 1: Vendor Submittal - Vendor's Non-Response Statement 19 Attachment 2: Vendor's Check List 20 Attachment 3: Vendor Submittal - Bid Response Form 21 Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit 23 Attachment 5: Vendor Submittal — Immigration Affidavit 24 Attachment 6: Vendor Substitute W—9 25 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements..Error! Bookmark not defined. 15-6511 Public Utilities Term I3ank Loan 2 DRAFT CoColter County Administrative Services Department Procurement Services Division Public Notice Sealed bid responses for Solicitation 15-6511 Public Utilities Term Bank Loan, will be received electronically or manually only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00PM, Collier County local time on August 27, 2015. Solicitation responses received after the stated time and date will not be accepted. Solicitation 15-6511 Public Utilities Term Bank Loan A non-mandatory pre-bid conference will be held on August 20, 2015, commencing promptly at 10:00AM and held at Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. All prospective bidders must attend this conference in order to submit a bid response or be considered for an award. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/Joanne Markiewicz Director, Procurement Services Division Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq and in the lobby of the Purchasing Building on August 17, 2015 15-6511 Public Utilities Term Bank Loan 3 DRAFT Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Water-Sewer District, Florida (hereinafter, the "District"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. Brief Description of Purchase The proposed term loan will be used to: (1) refund the District's outstanding Water and Sewer Revenue Bonds, Series 2006; and (2) to pay the associated cost of issuance. The principal of and interest on the Series 2015 Bond will be secured equally and ratably with the Prior District Bonds by a pledge of and lien upon (1) the Net Revenues of the District's Water and Sewer System and (2) certain charges imposed by the District on Persons (as defined in the Resolution). The County's Utility District currently maintains ratings of Aa2 and AAA from Moody's and Fitch, respectively. Background The Collier County Water-Sewer District, Florida is submitting this request for proposals (the "ITB") to identify the institution that can provide the District with a fixed rate, non-bank qualified term loan in the form of a Water and Sewer Refunding Revenue Bond (the "Term Loan") at the lowest overall borrowing cost, pursuant to certain conditions as determined by the District in an amount not to exceed $17,000,000. The refunding will be a private placement and the District does not anticipate preparing any continuing disclosure documents. Detailed Scope of Work 1. The following describes the District's requirements in establishing the Term Loan: A. Amount: Not to exceed $17,000,000 B. Final Maturity: July 1, 2022 C. Fixed, tax-exempt rate on a non-bank qualified basis. The rate quoted may not exceed the maximum rate permitted under Florida Statute 215.84 applicable at the time of sale. D. Preliminary Amortization Schedule (Subject to change) Period Ending Amortization Schedule 7/1/2017 2,298,000 7/1/2018 2,346,000 7/1/2019 2,390,000 7/1/2020 2,441,000 7/1/2021 2,495,000 7/1/2022 4,336,000 TOTAL 16,306,000 E. Repayment Provisions: Interest payments on the outstanding principal balance of the Term Loan will be calculated on a 30/360-day basis and will be paid semiannually on January 1 and July 1, of each year, beginning January 1, 2016. The principal amount of 15-6511 Public Utilities Term Bank Loan 4 DRAFT the Term Loan will be payable annually on July 1 of each year beginning July 1, 2017, through the final maturity of the Term Loan. F. Prepayment Options: Please specify any prepayment parameters. Please note that the District would prefer a proposal that does not entail a prepayment penalty. However proposals with prepayment terms will be evaluated. G. The County reserves the right to reject proposals with terms and conditions different than those included in the Bond Resolution. This includes gross-up and/or other similar provisions allowing for modification of the rate of the loan. H. At the closing of the Note, the offeror will be required to make certain certifications, including but not limited to certifications that it: (a) Is not acting as a broker or other intermediary, and is purchasing the Bond as an investment for its own account and not with a present view to a resale or other distribution to the public; (b) Understands that the Bond may not be transferred in a denomination less than $100,000 under any circumstances; (c) Is a bank, trust company, savings institution, insurance company, dealer, investment company, pension or profit-sharing trust, or qualified institutional buyer as contemplated by Section 517.061(7), Florida Statutes; (d) Is not purchasing the Bond for the direct or indirect promotion of any scheme or enterprise with the intent of violating or evading any provision of Chapter 517, Florida Statutes; and (e) Is an "accredited investor" within the meaning of the Securities Act of 1933, as amended, and Regulation D thereunder. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other District bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the District to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • It is the intent of the District to award to the lowest, qualified and responsive vendor(s) in accordance with the following methodology: It is the intent of the District to award to the lowest, qualified and responsive vendor(s) in accordance with the Method of Source Selection denoted in the terms and conditions in Exhibit II on the basis of: Interest Rate (Non-Bank Qualified) - State the fixed rate being proposed based on the Repayment Provisions. 15-6511 Public Utilities Term Bank Loan 5 DRAFT 1. Provide the quoted interest rate at the time of response to this ITB (specify the date the rate was calculated). Please specify if the rate quoted is locked through closing upon submission of your response or notification that your firm is the most responsive bidder. Please also provide the formula used to derive the quoted interest rate (i.e., a formula tied to a nationally recognized index, or internal cost of funds, etc...). Please clearly specify, if the rate is not locked upon notification, the formula used to calculate the quoted rate at the time of submission, and when the rate can be locked. 2. Fees and Expenses : Provide a single TOTAL cost for all Fees and Expenses and describe in detail all fees and expenses which the District will be responsible to pay. The amounts stated in the proposal shall represent the maximum amounts payable to the proposer by the District. All fees and expenses in excess of those stated in the proposal shall be the sole responsibility of the proposer and will not be paid or reimbursed by the District. The District's Bond Counsel; Nabors, Giblin and Nickerson will deliver an opinion regarding the excludability of interest from gross income for federal income tax purposes on the Term Loan and on the Term Loan being a qualified tax-exempt obligation under Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The notification of award of the ITB does not obligate the District to close on the Bond. • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select identify single awardee. • The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. Projected Timetable It is the intent of the County to Close on this loan shortly after the approval of the financing at the September 22, 2015 Board of County Commissioner's meeting. Event Date Issue Solicitation Notice August 17, 2015 Last Date for Receipt of Written Questions August 24, 2015, 12:00PM, Naples Local Time Non-mandatory pre-bid meeting August 20, 2015, 10:00AM, Naples Local Time and Locations Addendum Issued Resulting from Written Questions or Pre- August 26, 2015 Proposal Conference Solicitation Deadline Date and Time August 27, 2015, 3:00PM, Naples Local Time Anticipated Evaluation of Submittals August 2015 Anticipated Board of County Commissioner's Contract September 2015 Approval Date Vendor Required Documents • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Local Vendor Preference 15-6511 Public Utilities Term Bank Loan 6 DRAFT • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W-9 • Attachment 7: Insurance and Bonding Requirement 15-6511 Public Utilities Term Bank Loan 7 DRAFT Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the District identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department(hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or"Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the "Vendor" All bids must be submitted on the Bid form furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 3. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 4. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The District, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 5. Addenda The District reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department Online Bidding System website: www.collieraov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 15-6511 Public Utilities Term Bank Loan 8 DRAFT 6. Bid Submission For electronic submissions... All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System: www.colliergov.net/bid. For paper submissions... All paper bids shall be submitted to the County Procurement Director, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. Vendors must submit one (1) paper copy clearly labeled "Master," and one (3) compact disk (CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by courier service must have the bid number and title on the outside of the courier packet. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 7. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 8. Protests Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. 9. Rejection and Waiver The District reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the District. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 15-6511 Public Utilities Term Bank Loan 9 DRAFT 10. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners. Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.qov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 11. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 12. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) 15-6511 Public Utilities Term Bank Loan 10 DRAFT In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide the document within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 13. General Information When it is deemed by the District that a bid cannot be awarded as originally intended, the District reserves the right to award this bid through an approach which is in the best interest of the District. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 14. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 15-6511 Public Utilities Term Bank Loan 11 DRAFT Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services During the contract term, the District reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 4. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 5. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 6. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 7. Standards of Conduct The Vendor shall employ people to work on the District projects who are neat, clean, well- groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The District may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 15-6511 Public Utilities Term Bank Loan 12 DRAFT 8. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252-2477. 9. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager, shall coordinate with the Vendor/Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 10. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 11. Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: 15-6511 Public Utilities Term Bank Loan 13 DRAFT Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk@collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30). Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 12. Survivability Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 15-6511 Public Utilities Term Bank 15-6511 Public Utilities Term Bank Loan 14 DRAFT Loan will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 13. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Insurance and Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 15-6511 Public Utilities Term Bank Loan 15 DRAFT Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 15. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four(24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.colliergov.net/purchasinq. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non-responsive. 16. Security and Background Checks If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 17. Maintenance.of Traffic Policy For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Purchasing Departments and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar 15-6511 Public Utilities Term Bank Loan 16 DRAFT with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 18. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 19. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable • Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 20. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 21. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site. The County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold payments until documentation is provided. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. 15-6511 Public Utilities Term Bank Loan 17 DRAFT All equipment must be new and of current manufacture in production at the time of ITB opening, and carry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. • 15-6511 Public Utilities Term Bank Loan 18 DRAFT Co ier County mainstrative'Services Departnent Procurement Sees Division Attachment 1: Vendor Submittal -Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 15-6511 Public Utilities Term Bank Loan ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature/Title Type Name of Signature Date: 15-6511 Public Utilities Term Bank Loan 19 DRAFT Co ger County Admin4strative Services Department Procurement Services Division Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 15-6511 Public Utilities Term Bank Loan • Opening Date: Date _ 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature &Title Date 15-6511 Public Utilities Term Bank Loan 20 DRAFT Co ier County Administrative Sertices Department Procurement Service e D€x e on Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 15-6511 Public Utilities Term Bank Loan Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: *** SEE FOLLOWING PAGES *** Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net_ Days n Bid Response Form is electronic. Please input your prices online. Bid Response is as follows: Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. 15-6511 Public Utilities Term Bank Loan 21 DRAFT IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR#or CAGE Code Telephone Number FAX Number Signature/Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address 15-6511 Public Utilities Term Bank Loan 22 • DRAFT Year County t Administrative Services Department Procurement Sernces D VIcion Attachment 4: Vendor Submittal —Local Vendor Preference Affidavit Solicitation: 15-6511 Public Utilities Term Bank Loan (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business" under this section.A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ['Collier County or❑ Lee County: Number of Employees(Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or El Lee(Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Address in Collier or Lee County: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY El LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 15-6511 Public Utilities Term Bank.Loan 23 DRAFT C,::o � Goi .ty Adminstrat ve Services Department Procu ement Seripces DMsion Attachment 5:Vendor Submittal—Immigration Affidavit Solicitation: 15-6511 Public Utilities Term Bank Loan This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals(RFP) submittals. Further, Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of ,20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 15-6511 Public Utilities Term Bank Loan 24 DRAFT C, o t+ r Comity Administrative Services Department Procurement Sery&ces Dms@on Attachment 6: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires the County to notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor _Corporation Partnership _Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 15-6511 Public Utilities Term Bank Loan 25 Comments Crier y Mrnintstraiiue services Department Procurem,nt Ser,eices DMsian INVITATION TO BID Date: August 17, 2015 From: Swainson Hall, Procurement Strategist (239) 252-8935 (Telephone) (239) 252-6334 (FAX) swainsonhall@colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: 15-6511 Public Utilities Term Bank Loan As requested by the Collier County Water-Sewer District, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.netlbid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Laura Zautcke Note: All ITB responses s • ust include one (1) printed original labeled MASTER, along with ne (1) exact duplicate copy, including all required forms. 3 C 9 Fage 9 ij Co €5°sanxeutScrams()mum.3"s271amcu:u1ra3Ecis3•Na{aks.F'bdx3-1112 4569• 28117•wwn azufwv ncti. °ntsarxxs 15-6511 Public Utilities Term Bank Loan 1 Invitation to Bid Index Public Notice ... ......,... 3 Exhibit I: Scope of Work, Specifications and Response Format.,,.. .,.,..... ....... . .......... ,,...,....,.4 Exhibit I1: General Bid Instructions................. ... . ... .... ................... ... ...,.. ,8 Exhibit III: Standard Purchase Order Terms and Conditions. ....12 Exhibit IV: Additional ITB Terms and Conditions:........ ......... ......... ...,. .....-.. .12 Attachment 1: Vendor Submittal -Vendor's Non-Response Statement...... .......... ......... ,..,....,19 Attachment 2: Vendor's Check List........ ......... .......>. .„>,.... .,....... ,,....... .,...,.,. ...................20 Attachment 3: Vendor Submittal - Bid Response Form .,...... ......... ......... .......... ..,..,., Attachment 4: Vendor Submittal—Local Vendor Preference Affidavit....».,.. ... ._ ,,, . ,,.23 Attachment 5: Vendor Submittal—Immigration Affidavit............................................................24 Attachment 6: Vendor Substitute W—9............. .......... ........ ............ . .. Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Error! Bookmark not .e in- 15-6511 Pubic Utilities Text Bank Loan 2 ter C.,ounty 0 Ac#ministra€ive S Mees rtment Procurement services re rtkon Public Notice Sealed bid responses for Solicitation 15-6511 Public Utilities Term Bank Loan, will be received electronically or manually only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00PM, Collier County local time on August if?2015. Solicitation responses received after the stated time and date will not be accepte•.31 reccornemend utt least 2 wee Ks -ror^ bgnKs f-a respan a Solicitation 15-6511 Public Utilities Term Bank Loan A non-mandatory pre-bid conference will be held on August 20, 2015, commencing promptly at 10:OOM and held at Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. All prospective bidders must attend this conference in order to submit a bid response or be considered for an awarT----' All questions regarding this !TB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.collirgov.netibid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/Joanne Markiewicz Director, Procurement Services Division Publicly posted on the Collier County Purchasing Department website: www.colliergov.nettpurchasinq and in the lobby of the Purchasing Building on August 17, 2015 15-6511 Public Utilities Term Bank Loan 3 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Water-Sewer District, Florida (hereinafter, the "District"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter,"ITB") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. Brief Description of Purchase The proposed term loan will be used to: (1) refund the District's outstanding Water and Sewer Revenue Bonds, Series 2006; and (2) to pay the associated cost of issuance. The principal of and interest on the Series 2015 Bond will be secured equally and ratably with the Prior District Bonds by a pledge of and lien upon (1) the Net Revenues of the District's Water and Sewer System and (2) certain charges imposed by the District on Persons (as defined in the Resolution). The County's Utility District currently maintains ratings of Aa2 and MA from Moody's and Fitch, respectively. Background The Collier County Water-Sewer District, Florida is submitting this request for proposals (the"ITB") to identify the institution that can provide the District with a fixed rate, non-bank qualified term loan in the form of a Water and Sewer Refunding Revenue Bond (the "Term Loan") at the lowest overall borrowing cost, pursuant to certain conditions as determined by the District in an amount not to exceed $17,000,000. The refunding will be a private placement and the District does not anticipate preparing any continuing disclosure documents. Detailed Scope of Work 1. The following describes the District's requirements in establishing the Term Loan: A. Amount: Not to exceed $17,000,000 B. Final Maturity: July 1, 2022 C. Fixed, tax-exempt rate on a non-bank qualified basis. The rate quoted may not exceed the maximum rate permitted under Florida Statute 215.84 applicable at the time of sale. D. Preliminary Amortization Schedule (Subject to change) Period Ending Amortization Schedule 7/1/2017 2,298,000 7/1/2018 2,346,000 7/1/2019 2,390,000 7/1/2020 2,441,000 7/1/2021 2,495,000 7/1/2022 4,336,000 TOTAL 16,306,000 E. Repayment Provisions: Interest payments on the outstanding principal balance of the Term Loan will be calculated on a 30/360-day basis and will be paid semiannually on January 1 and July 1, of each year, beginning January 1, 2016. The principal amount of 15-6511 Pubc Utilities Term Bank Loan 4 1. Provide the quoted interest rate at the time of response to this ITB (specify the date the rate was calculated). Please specify if the rate quoted is locked through closing upon submission of your response or notification that your firm is the most responsive bidder. Please also provide the formula used to derive the quoted interest rate (i.e., a formula tied to a nationally recognized index, or internal cost of funds, etc...). Please clearly specify, if the rate is not locked upon notification, the formula used to calculate the quoted rate at the time of submission, and when the rate can be locked. 2. Fees and Expenses': Provide a single TOTAL cost for all Fees and Expenses and describe in detail all fees and expenses which the District will be responsible to pay. The amounts stated in the proposal shall represent the maximum amounts payable to the proposer by the District. All fees and expenses in excess of those stated in the proposal shall be the sole responsibility of the proposer and will not be paid or reimbursed by the District. The District's Bond Counsel, Nabors, Giblin and Nickerson will deliver an opinion regarding the excludability of interest from gross income for federal income tax purposes on the Term Loan and on the Term Loan being a qualified tax-exempt obligation under Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The notification of award of the ITB does not obligate the District to close on the Bond. • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select identify single awardee. • The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. Projected Timetable It is the intent of the County to Close on this loan shortly after the approval of the financing at the September 22, 2015 Board of County Commissioner's meeting. Event Date Issue Solicitation Notice August 17, 2015 Last Date for Receipt of Written Questions August 24, 2015, 12:00PM, Naples Local Time Non-mandatory pre-bid meeting August 20, 2015, 10:00AM, Naples Local Time and Locations Addendum Issued Resulting from Written Questions or Pre- August 26, 2015 Proposal Conference Solicitation Deadline Date and Time Augus 2 ,2015, 3:00PM, Naples Local Time Anticipated Evaluation of Submittals gust)'015 Anticipated Board of County Commissioner's Contract September 2015 Approval Date Vendor Required Documents • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Local Vendor Preference 15.6511 Public Uti5lies Tenn Bank Loan • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W-9 • Attachment 7: Insurance and Bonding Requirement S-r�G L Kotg d 7 15-6511 Public Utilities Term Bank Loan 7 Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the District identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the"ITB", or"Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto_The successful vendor will hereinafter be referred to as the "Vendor"; All bids must be submitted on the Bid form furnished by the County noted in Attachments 2, 3, 4, 5,6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed.The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 3. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 4. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled"EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The District, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 5. Addenda The District reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally,all addendums are posted on the Collier County Purchasing Department Online Bidding System website: www.colliergov.netibid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 15-6511 Public Utilities Term Bark Loan E€ 6. Bid Submission For electronic submissions... All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System: www.colliergov.net/bid. For paper submissions... All paper bids shall be submitted to the County Procurement Director, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. .f-h ret7 Vendors must submit one (1) paper copy clearly labeled "Master," and on (3) compact disk (CD's)with one copy of the proposal on each CD in Word. Excel or PD List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by courier service must have the bid number and title on the outside of the courier packet. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 7. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.collierov.netfbid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 8. Protests Any prospective vendor/proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. 9. Rejection and Waiver The District reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the District. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 15-6511 Public Utilities Term Bank Loan 9 Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services During the contract term, the District reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5)years; whether paid or donated,which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration.These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end,vendors will be evaluated on their performance upon completion/termination of agreement. 4, Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 5. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor.0Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 7. Standards of Conduct The Vendor shall employ people to work on the District projects who are neat, clean,well- groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties.The District may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 15-6511 Public Utilities Term Bank Loan 12 08., Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally,copies of all the required licenses must be submitted with the bid response indicating that the entity bidding,as well as the team assigned to the County account, Is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239)252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252-2477. ktiri Protection of Property / The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace,to the County's satisfaction, damaged property at no additional cost to the County. if the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager, shall coordinate with the Vendor/Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 10. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual,firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 11.Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: 15-6511 Public Utilities Term Bank Loan 13 Cater County Administrative services Department Procurement Serv,ces Censton Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12.The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tam iami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 15-6511 Public Utilities Term Bank Loan • Opening Dat ate A...9 LA S 1-3 L 2 dl S 13.The bid will be mailed or deli ed in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.netibid. The system will date and time stamp when the addendum files were downloaded ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature &Title Date 15-6511 Public Utilities Term Bark Loan 20 Co s. Mmints atjve Services ices Department Procurement Senrces Dots on Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 15-6511 Public Utilities Term Bank Loan Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: ** * SEE FOLLOWING PAGES * ** Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: °I% Days; Net Days ❑ Bid Response Form is electronic. Please input your prices online. ❑ Bid Response is as follows: TARE e tee''tfonic. Note: If you choose to bid manually, please submit an ORIGINAL and ONE COP of your bid response pages. The undersigned do agree that should this Bid be accepte , to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. 15-6511 Public Utilities Term Bank Loan 21