HomeMy WebLinkAbout19- Certificate of Completion - DNRC Water Pollution Control State Revolving Loan Program - Stormwater System Revenue Bond Resolution Relating To $1,815,000 Stormwater System Revenue Bond
(DNRC Water Pollution Control State Revolving Loan Program) Series 2015
City of Bozeman, Montana
CERTIFICATE OF COMPLETION
We, Cynthia Andrus and Robin Crough, hereby certify that we are on the date hereof the,
duly qualified and acting Mayor and City Clerk, respectively, of the City of Bozeman(the
"Borrower"), and that:
1. Pursuant to Resolution No 4607, adopted by the City Commission on June 15,
2015, entitled"Resolution Relating to $1,815,000 Stormwater System Revenue Bond (DNRC
Water Pollution Control State Revolving Loan Program), Series 2015; Authorizing the Issuance
and Fixing the Terms and Conditions Thereof' (the "Resolution"),"the Borrower issued its
Stormwater System Revenue Bond(DNRC Water Pollution Control State Revolving Loan
program), Series 2015, dated, as originally issued, as of June 29, 2015, in the maximum
authorized principal amount of$1,815,000. The Bond Resolution is referred to as (the
"Resolution"). The Borrower has reviewed the Resolution, including, without limitation,.Articles
II and III of the Resolution, and the definitions thereto. Capitalized terms used herein without
definition shall have the meanings given them in the Resolution.
2. The Series 2015 Bond is issued to finance a portion of the costs of construction
and installation of various improvements to the System, generally described as the 2015 Project
(the "2015 Project") in the Resolution. Construction of the 2015 Project has complied with all
federal and state standards, including, without limitation, EPA regulations and standards. The
2015 Project was completed and placed in service on September 7, 2016, substantially in
accordance with the plans and specifications therefor on file with the DEQ, including any
changes therein made with the written consent of an Authorized DNRC or DEQ Officer, except
for minor defects in the Project, which the Borrower has ordered to be remedied or minor items
of work and materials awaiting seasonal completion.
Attached as Exhibit A to this Certificate is a certificate of an engineer stating that the
Project has been completed substantially in accordance with the plans and specifications now in
effect,which conform to those on file with the DEQ and substantially in compliance with all
federal and state standards applicable. The Borrower has accepted the Project and we are
authorized to make a certification to that effect.
3. Costs of the 2015 Project in the amount of$1,815,000have been paid as of the
date of delivery of this Certificate. The Borrower hereby waives its right to any remaining 2015
Committed Amount not advanced or to be advanced upon delivery hereof. The Borrower
specifically confirms and agrees that no Reserve Amounts are needed and that any unadvanced
Committed Amount is released.
4. The Borrower has spent the following amounts from proceeds of the Bonds in
connection with the Project:
Architect and Engineering $ 587,807
Construction $ 1,168,905
Debt Service Reserve $ 58,288
TOTAL $ 1,815,000
5. The Trustee has delivered to the Borrower a copy of Schedule B to be attached to
the Series 2015 Bond, which reflects the amortization of all advances made or to be made on the
date hereof of proceeds of the Series 2015 Bond, (i.e.$1,815,000) in respect of Series 2015 Bond
(the sum of the amounts of the Series 2015 Bond applied to pay cost of the 2015 Project or costs
of issuance of the Series 2015 Bonds or deposited in the Reserve Account as described in
paragraph 6 hereof), as required under Section 7.08(a) of the Indenture. The Borrower hereby
acknowledges and agrees that Schedule B has been calculated in accordance with the provisions
of the Resolution and the Indenture, and that 2015 Bond, with said Schedule B attached thereto,
has been duly issued pursuant to the Resolution and is a valid and binding obligation. The
Borrower commenced the semiannual payment on the Bond on January 1, 2016, in accordance
with the Schedule B, as originally attached to the Bond at closing on June 29, 2015, and
payments thereon will continue on each July 1, and January I,thereafter until paid in accordance
with the schedule B attached hereto.
6. Pursuant to the Resolution, the Borrower has established a Reserve Account in
the Fund(the "Reserve Account"),to secure its parity Stormwater system revenue bonds and
which currently secures the Bond. Under the terms of the Resolution, the amount required to be
on hand in the Reserve Account is equal to the maximum amount of principal and interest
payable on the Bonds in any future fiscal year(the "Reserve Requirement"). The Reserve
Requirement on the Bond, based on the amortization of the Bond in accordance with Schedule B
thereto, is $58,288. The amount on deposit therein on the date hereof, $58,288 is not less than
the Reserve Requirement.
7. The representations of the Borrower contained in the Commitment Agreement,
dated as of June 4, 2015, between the Borrower and the DNRC, and in Sections 2.1, 3.1 and 3.3
of the Resolution are true and complete as of the date hereof as if made on this date, except to the
extent that the Borrower has specifically advised the DEQ and the DNRC otherwise in writing.
8. No default in any covenant or agreement on the part of the Borrower contained in
the Resolution has occurred and is continuing.
-2-
WITNESS our hands on behalf of the Borrower and the seal of the Borrower as of this
Day of "/ r , 2019.
City of Bozeman, Montana
(SEAL) ayor
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SRF-15373 360486 9999FW9Q2 STATE OF MONTANA Final Schedule B
GENERAL OBLIGATION BONDS As of 01/29/19
WASTE WATER
(REVOLVING FUND PROGRAM)
BORROWER: Bozeman Landfill FINAL LOAN PAYMENT: 7/1/2035
PROJECT NAME: Wtr Sys Improv TOTAL#OF LOAN PAYMENTS: 40
LOAN COMMITMENT: $1,815,000 PROJECT NUMBER: SRF-15373
LOAN AMOUNT: $1,815,000 DATE OF LOAN FUNDING: 6/29/2015
INTEREST RATE: 2.50%
PAYMENT INTEREST #DAYS ADM EXPENSE LOAN LOSS INTEREST PRINCIPAL O/S LOAN TOTAL
DUE RATE DUE SURCHARGE SURCHARGE PAYMENT PAYMENT BALANCE PAYMENT
Beginning Balance: 229,750.00
01/01/16 2.5% 182 290.38 290.38 2,323.03 35,000.00 194,750.00 $37,903.78
07/01/16 2.5% 180 394.75 394.75 3,157.98 36,000.00 1,440,430.00 $39,947.47
01/01/17 2.5% 180 1,800.54 1,800.54 14,404.30 36,000.00 1,404,430.00 $54,005.38
07/01/17 2.5% 180 1,755.54 1,755.54 14,044.30 37,000.00 1,367,430.00 $54,555.38
01/01/18 2.5% 180 1,709.29 1,709.29 13,674.30 37,000.00 1,330,430.00 $54,092.88
07/01/18 2.5% 180 1,663.04 1,663.04 13,304.30 38,000.00 1,292,430.00 $54,630.38
01/01/19 2.5% 180 1,390.20 1,390.20 11,121.60 37,000.00 1,559,000.00 $50,902.01
07/01/19 2.5% 180 1,948.75 1,948.75 15,590.00 39,000.00 1,520,000.00 $58,487.50
01/01/20 2.5% 180 1,900.00 1,900.00 15,200.00 39,000.00 1,481,000.00 $58,000.00
07/01/20 2.5% 180 1,851.25 1,851.25 14,810.00 39,000.00 1,442,000.00 $57,512.50
01/01/21 2.5% 180 1,802.50 1,802.50 14,420.00 39,000.00 1,403,000.00 $57,025.00
07/01/21 2.5% 180 1,753.75 1,753.75 14,030.00 41,000.00 1,362,000.00 $58,537.50
01/01/22 2.5% 180 1,702.50 1,702.50 13,620.00 41,000.00 1,321,000.00 $58,025.00
07/01/22 2.5% 180 1,65t25 1,651.25 13,210.00 41,000.00 1,280,000.00 $57,512.50
01/01/23 2.5% 180 1,600.00 1,600.00 12,800.00 42,000.00 1,238,000.00 $58,000.00
07/01/23 2.5% 180 1,547.50 1,547.50 12,380.00 42,000.00 1,196,000.00 $57,475.00
01/01/24 2.5% 180 1,495.00 1,495.00 11,960.00 43,000.00 1,153,000.00 $57,950.00
07/01/24 2.5% 180 1,441.25 1,441.25 11,530.00 44,000.00 1,109,000.00 $58,412.50
01/01/25 2.5% 180 1,386.25 1,386.25 11,090.00 44,000.00 1,065,000.00 $57,862.50
07/01/25 2.5% 180 1,331.25 1,331.25 10,650.00 45,000.00 1,020,000.00 $58,312.50
01/01/26 2.5% 180 1,275.00 1,275.00 10,200.00 45,000.00 975,000.00 $57,750.00
07/01/26 2.5% 180 1,218.75 1,218.75 9,750.00 45,000.00 930,000.00 $57,187.50
01/01/27 2.5% 180 1,162.50 1,162.50 9,300.00 47,000.00 883,000.00 $58,625.00
07/01/27 2.5% 180 1,103.75 1,103.75 8,830.00 47,000.00 836,000.00 $58,037.50
01/01/28 2.5% 180 1,045.00 1,045.00 8,360.00 48,000.00 788,000.00 $58,450.00
07/01/28 2.5% 180 985.00 985.00 7,880.00 48,000.00 740,000.00 $57,850.00
01/01/29 2.5% 180 925.00 925.00 7,400.00 48,000.00 692,000.00 $57,250.00
07/01/29 2.5% 180 865.00 865.00 6,920.00 49,000.00 643,000.00 $57,650.00
01/01/30 2.5% 180 803.75 803.75 6,430.00 49,000.00 594,000.00 $57,037.50
07/01/30 2.5% 180 742.50 742.50 5,940.00 51,000.00 543,000.00 $58,425.00
01/01/31 2.5% 180 678.75 678.75 5,430.00 51,000.00 492,000.00 $57,787.50
07/01/31 2.5% 180 615.00 615.00 4,920.00 52,000.00 440,000.00 $58,150.00
01/01/32 2.5% 180 550.00 550.00 4,400.00 53,000.00 387,000.00 $58,500.00
07/01/32 2.5% 180 483.75 483.75 3,870.00 53,000.00 334,000.00 $57,837.50
01/01/33 2.5% 180 417.50 417.50 3,340.00 54,000.00 280,000.00 $58,175.00
07/01/33 2.5% 180 350.00 350.00 2,800.00 55,000.00 225,000.00 $58,500.00
01/01/34 2.5% 180 281.25 281.25 2,250.00 56,000.00 169,000.00 $58,812.50
07/01/34 2.5% 180 211.25 211.25 1,690.00 56,000.00 113,000.00 $58,112.50
01/01/35 2.5% 180 141.25 141.25 1,130.00 56,000.00 57,000.00 $57,412.50
07/01/35 2.5% 180 71.25 71.25 570.00 57,000.00 0.00 $57,712.50
44,341.23 44,341.23 354,729.81 1,815,000.00 2,258,412.26
2/28/2019 Bozeman Landfill SRF-15373.xls
TETRA TECH
May 24, 2017
Mr. Mike Abrahamson
Department of Environmental Quality
1520 Ninth Ave.
Helena, MT 59620
Subject: Bozeman Landfill SVE/LFG System
Dear Mr.Abrahamson:
The subject project has been completed in substantial accordance with approved plans and specifications,and is
operating well. If you should have any questions regarding the subject project,we would be pleased to discuss
them with you.
Sirtee�rely;
Larry C"Nlf eld,P E:, P;H. Rick Hixson, P.E.
Engines :,ydrolagst' City Engineer
Tetra Tech
303 Irene Street:Helena.MT 59601
Tel 406.443.5210 Fax 406.449.3729 tetratech.com
BORROWER CERTIFICATION ON PAYROLLS
AND STATEMENT OF COMPLIANCE
Project Name:
Borrower.
Montana State Revolving Fund Loan Project No.
Each contractor and subcontractor on this project has submitted weekly a copy of all payrolls to
the borrower. Each payroll copy was accompanied by a statement of compliance with the
Copeland Regulations of the Secretary of Labor, (29 CFR, Part 3) signed by the employer or his
agent indicating that the payrolls,are correct and complete, that the wage rates contained are
not less than those determined by the Secretary of Labor and that the classification set forth for
each laborer or mechanic conformed to the work performed. The borrower has made such
examination of the submitted payrolls and statements as may be necessary to assure
compliance with the labor standards clauses.
hereby certify as the authorized representative of the above-named borrower, that the above
requirements of the United States Department of Labor have been complied with in accordance
with Section 5.5 (a) (3) (ii) of Title 29, Subtitle A, Code of Federal Regulation.
(Signature of Borrower Authorized Representative)
c� y
(Date) (Title)
BORROWER CERTIFICATION
Consolidated Appropriations Act, 2014
USE OF AMERICAN IRON, STEEL
On January 17,2014, H.R. 3547, 'Consolidated Appropriations Act, 2014,"(Public Law 113-76
Section 436)was enacted. This law provides appropriations for both the Clean Water State
Revolving Fund (CWSRF) and the Drinking Water State Revolving Fund (DWSRF)for Fiscal
Year 2014, while adding an American Iron & Steel requirement to these already existing
programs.
The Act includes a provision for"Use-of American Iron and Steel,"in Sec. 436.
(a)(1) None of the funds made available by a State water pollution control revolving fund as
authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or
made available by a drinking water treatment revolving loan fund as authorized by section 1452
of the Safe Drinking Water Act(42 U.S.C. 300j-12) shall be used fora project for the
construction, alteration, maintenance, or repair of a public water system or treatment works
unless all of the iron and steel products permanently incorporated in the project are produced in
the United States.
As the borrower of SRF funds, the undersigned.attests on behalf of the community/district that
they have performed the necessary oversight to ensure this provision was met on the project(s)
being funded.
I, the undersigned authorized representative of ��:pt4 do
hereby certify that all qualifying iron and steel products purchased for or used on the project(s)
have complied with the above provision of the Consolidated Appropriations Act.
Project Name ( At4cl\.a._- L-4�-15jff-
SRF Loan Project Number
Authorized Signature _ Date I j7
Title C f NGI
Print Name 2 I c 9 PrR A 4, XSv r1
Certificate,of Substantial Completion
PROJECT: PROJECT NUMBER:
Bozeman Landfill LFG/SVE System CONTRACT FOR:
CONTRACT DATE: 2016
TO OWNER: TO CONTRACTOR: OWNER ❑
Mr.RickHixson,P.E. Kelly O'Hara ARCHITECT ❑
City of Bozeman CK May Excavating Inc. CONTRACTOR ❑
P.O.Box 1230 P.O.Box 1426 FIELD ❑
Bozeman MT 59714 Belgrade MT 59714 OTHER ❑
PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE:
All of the project including all LFG pumps,piping,SVE and Al systems not previously covered
in a partial certificate of substantial completion dated 917/2016.
The Work performed under this Contract has been reviewed and found,to the Architect's best knowledge,information and belief to be
substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion is
sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.
The date of Substantial Completion of the Project or portion designated above is the date of issuance established by this Certificate.
which is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below:
Warranty Date of Commencement 11/8/2016
'By DATE OF ISSUANCE
A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the
responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in
writing,the date of commencement of warranties for items on the attached list witt'be the date of issuance.of the final Certificate of
Payment or the date of final payment.
Cost estimate of Work that is incomplete or defective: $5,000
The Contractor will complete or correct the Work on the list of items attached hereto by Novermber 30,2016.
CON RA OR B: - ----�— DATE OF ISSUANCE
The Owner accepts the Work or designated portion as substantially complete and will assume,full possession at 5:00 p.m.on 1118/2016.
�1GlL {f t�(SoPJ It o g :0
OWNER BY DATI5,017 ISSUANCE
The responsibilities of the Owner and Contractor for security,maintenance.heat,utilities,damage to the Work and insurance shall be as
follows:
(hole:Ouvrer's and Contractor's legal and insurance counsel should determine and review insurance requirearents and coverage.)
FINAL CONTRACTOR CERTIFICATION
Principal Contractor: O k Maq Ewa VAnq . dr is
Project Name: SozehyCi 1-0.1Yi 4.11. -F 6/SVr S, Stem)
Borrower:
Montana State Revolving Fund Loan Project No.
as official representative of the above-named principal
contractor do h reby certify as follows:
X All Labor Standards Requirements have been fulfilled by the principal contractor
and all subcontractors.under this contract;
or:
There is an honest dispute regarding the required provisions.
Explanation:
;(Sig*ntur:e:�)
01VUJI ,
(Date) (title)