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HomeMy WebLinkAboutCompletion Certificate for SRF-10230 Bozeman Sewer System Revenue Bond 2010D DEPARTMENT 01F NATURAL RESOURCES AND CONSERVATION 0 THE sy STEVE BULLOCK,GOVERNOR 1625 ELEVENTH AVENUE STATE OF MONTANA DIRECTOR'S OFFICE: (406)444-2074 FO BOX 201601 .. FAX; (406)444-2684 HELENA,MONTANA 59620-1601 MEMOjUNDUM WC To: Sean Becker, Mayor City of Bozeman From: Anna Miller, Financial Advisor Department of Natural Resourc s6 a Date: September 26, 2.013 Re: Bozeman Sewer System Revenue Bond 2010D SRI•"-10230 $9,500,000 Attached is the Completion Certificate for this loan. Please review, sign and return to me at: Anna Miller Conservation and Resource Development Division PO Box 201601 Helena, MT 59620-1601 I would like to have this back by November 8, 2013. A signed copy will be sent back to the City. This completion certificate is a requirement with the State Revolving Fund Program. Please give me a call at 444-6689 if you have any questions.. enc. cc: Joan Specking-DNRC w/o Anna Rosenberry—Bozeman w/ Chris Kukulski—Bozeman w/ Debbie Kuykendall—US Bank w/o Paul LaVigne—DEQ w/ Bozeman SRF-10230 $9,500,000 DIRECTOR'S CONSERVATION&RESOURCE RESERVED WATER RIGHTS OIL&GAS TRUST LAND MANAGEMENT OFFICE DIVISION COMPACT COMMISSION DIVISION DIVISION (406)444-2074 (406)444-6667 (4.06)444-6841 (406)494-5675 (405)444.2074 $9,500,000 Sewer System Revenue Bond (DNRC Water Pollution Control State Revolving Loan Program), Series 2010D City of Bozeman, Montana CERTIFICATE OF COMPLETION We, Sean Becker, and Chris Kukulski, hereby certify that we are on the date hereof the duly qualified and acting Mayor, and City Manager, respectively, of the City of Bozeman (the "City"), and that: 1. Pursuant to Resolution No. 4245, duly adopted by the City Commission of the City on February 16, 2010, entitled "Resolution Relating to the $9,500,000 Sewer System Revenue Bond (DNRC Water Pollution Control State Revolving Loan Program), Series 201 OD; Authorizing the Issuance Fixing the Terms and Conditions thereof' (the "Resolution7),the City issued its Sewer System Revenue Bond (DNRC Water Pollution Control State Revolving Loan Program), Series 2010D, of the City, dated, as originally issued, as of February 16, 2010 in the maximum aggregate principal amount of$9,500,000 (the "Bond"). We have reviewed the Resolution and the Resolution No. 4245 adopted by the City Council of the City on February 16, 2010, including, without limitation, Articles II and III thereof, and the definitions relating thereto. The Bond Resolution is referred to as (the "Resolution"). Terms used with initial capital letters but undefined herein shall have the meanings given them in the Resolution, unless the context hereof clearly requires otherwise. 2. The Bond was issued to finance the cost of acquiring or constructing certain improvements to the wastewater treatment plant system of the City (the"System"), generally described in Exhibit A to the Resolution (the "Projecf'). The Project was completed on May 25, 2012, 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 City has ordered to be remedied or minor items of work and materials awaiting seasonal completion. Construction of the Project has complied with all federal and state standards, including, without limitations, EPA regulations and standards. The Project was placed in service on May 25, 2012. 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 City has accepted the Project and we are authorized to make a certification to that effect. 3. All costs of the Project have been paid and the City hereby waives its right to any remaining Committed Amount not advanced or to be advanced upon delivery hereof and specifically confirms and agrees that no Reserve Amounts are needed and that any unadvanced Committed Amount is released. 4. The City has spent the following amounts from proceeds of the Bond in connection with the Project: Architect and Engineer $ 1,018,302.00 Construction $ 7,800,605.00 Debt Service Reserve $ 681,093.00 Total $ 9,500,000.00 5. The Trustee has delivered to the City a copy of Schedule B which will be attached to the Bond, which reflects the amortization of all advances made or to be made on the date hereof of proceeds of the Bond (i.e., $9,500,000) (the sum of the amounts of the Bond applied to pay costs of the Project or costs of issuance of the Bond or deposited in the Reserve Account as described in paragraph 4 hereof) as required under Section 11(g) of the Indenture, which is attached hereto as Schedule B. The City hereby acknowledges and agrees that said Schedule B has been calculated in accordance with the provisions of the Resolution and the Indenture, and that the Bond, with said Schedule B attached thereto, has been duly issued pursuant to the Resolution and is a valid and binding obligation of the City accordance with its terms and the terms of the Resolution. The City commenced the semiannual payment on the Bond on January 1, 2010 in accordance with the Schedule B, as originally attached to the Bond at closing on February 25, 2010, and payments thereon will continue on each January 1, and July 1, thereafter until paid in accordance with the Schedule B attached hereto. The City hereby waives its right to any remaining Committed Amount, as defined in the Commitment Agreement, not advanced or to be advanced upon delivery hereof and specifically confirms and agrees that no additional funds are needed for the Project and that any unadvanced Committed Amount is released. 6. Pursuant to the Resolution, the City has established a Reserve Account in the Fund (the "Reserve Account"), to secure its parity water 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 Bonds, based on the amortization of the Bond in accordance with Schedule B thereto, is $681,093. The amount on deposit therein on the date hereof, $681,093 is not less than the Reserve Requirement. 7. The representations of the City contained in Section 3 of the Commitment Agreement, dated as of September 15, 2008, between the City 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 City has specifically advised the DEQ and the DNRC otherwise in writing. 8. No default in any covenant or agreement on the part of the City contained in the Resolution has occurred and is continuing. WITNESS our hands and the seal of the City as of this day of 2013. CITY OF BOZEMAN, MONTANA C"I By Mayor X And City Manager GACARD\SkF-WRF Loans\SRF-Certificatcs\CERT Bozeman$9,500,000.docx 1 VaN Certificate of Substantial Completion �, f c[iject Baxarr+eri VVRF Phase t rmgrmansnia dwr : City or 6ezemm Owmes C.orWaat No.: ca: Datb of contraa: t�"�+"►lrat 1i✓+ C0rrirador: rK R°i L L. r Engle&Ws Frojeet Na.: 00...00746.00123 This[tentative][deffnitivel Certificate of Substantial Completion applies to: Ail Work under the Contract Documents. ❑ The following specified portions: Date O SUb i C-Ompitfim The Work to which this Certificate applies has been inspected by authartred representatives of Owner.Contractor.and Engineer, and found to he substarAlaity complete. The Date of Substantial Completion of the Project or portion thereof deslgnalod above Jr. hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below. A[tentative]C list of items to be completed or corrected,is attached hereto. This list may not be all- inclusive,and 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, The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: p Amended Responsibilities Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: The following documents are attached to and made part of this Certificate: This.Certificate hoes not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractoes obligation to complete the Work in accordance with the Contract Documents. � Y twsx�snoer � Date. A C ar Date �� ed by Owner Date 000...'8848GIPhase 1 Improvements Project June 1 1, 2013 JUN Mr. Bob Murray D City of Bozeman Engineering Department 20 East Olive Street Bozeman,Montana 59771 RE: City of Bozeman,Montana Bozeman "WRF Phase I Improvements Project, MDEQ SRF No. 0303105-01 Facility Construction Certification Dear Bob: This letter is to certify that the above referenced project is complete, has been constructed in accordance with the approved plans and specifications,has been accepted by HDR/MI and the City of Bozeman, and is operating satisfactorily as intended by the design. We have reviewed the final project deficiency (punch) list, and can now confirm that all identified items associated with the treatment process have been appropriately addressed by WBC and their subcontractors. Several site restoration items are remaining which should be completed in early summer. HDR/MMI has completed the project as-built drawings by incorporating all HDR/MMI, City and Contractor changes. We have sent the drawings and associated digital files to you under separate cover. HDR/MMI has also already completed and uploaded the digital O&M manual for this project, and received approval response from MDEQ. We plan to burn the project digital photos and other outstanding project files to DVD, and will deliver to your office at closeout of the Digester (Phase 3)Project. In addition,we have conducted training on the digital O&M manual (e-O&M) and are in the process of organizing an additional training session with City staff at their convenience. The Montana DEQ requires that you, as the representative of the City of Bozeman for the project, also be a signatory to this Certification Letter. We suggest that, if you are in agreement with the above certification, sign at the location provided at the end of this letter and forward on to MDEQ for final project closeout. HDII Engineering,Inc. 1715 South Reserve Phase:(4061532-2200 Suite C Fax[406}532-2241 Missoula,MT 59801.4108 wwww.hdwiac.com Mr. Bob Murray June 11,2013 Please call if you have any questions with the above or require additional action from HDR/MMI. Sincerely, HDR ENGINEERING, INC. Dan J.Harmon, P.E. Project Manager Letter and Certification Approved by the City of Bozeman,Montana By: Bob Mu?rray,/City of BoTlan Project Manager Date C. Mike Abrahamson, MDEQ Herb Bartle/Craig Woolard, City of Bozeman James Nickelson (MMI) Coralynn Revis (HDR) HDR one Company I Many sof,,00ns 2 ot`2 AFFIRMATIVE CERTIFICATION of Project Performance Standards (for State Revolving Fund Loan Projects) As required by the Clean Water Act under Title VI, 33U.8.C. 1251 Section 602(b)(8). | certify asauthorized representative of City of Bozeman (Name of Loanee) that the Bozeman WRF Phase 1 Improvements Pro'ect(MDEQ SRF No. C303105-01 (Name of Loan Project) wastewater treatment facility funded in part bythe above-noted loan project, having initiated operation on 2812 , has met its performance standards nn the date one year following initiation ofoperation, This certification is substantiated by the attached Basis for Certification Repor-t. 1;;r" �?T_J ///" �� 6/3/13 /,, 0 '7 4a Signature of f\uTnm/�zed ��epreeents�ve' Oahe Project Engineer, City of Bozeman Title ' GRF- 0230 STATE OF MONTANA Finai0chedm|e B 50300343 GENERAL OBLIGATION BONDS 8099CTRA7 WASTE WATER (REVOLVING FUND PROGRAM) 8ORR0VVER� Bozeman DLoan FINAL LOAN PAYMENT: 1/1/2030 PROJECT NAME: Upgrade&Expansion TOTAL#OF LOAN PAYMENTS: 40 LOANCOMM|TMENT� $9.500.000 PROJECT NUMBER: LOAN AMOUNT: $9,800.000 DATE QF LOAN FUNDING: 02/25V10 INTEREST RATE: 3,75% PAYMENT ADM EXPENSE LOAN LOSS INTEREST PRINCIPAL O/S LOAN TOTALAMOUNT DUE SURCHARGE SURCHARGE PAYMENT PAYMENT BALANCE OF PAYMENT 07/01110 13,808.64 18,411,52 36,823.03 159,000-00 7,745,521.00 228,043.18 01/01/11 33,480.32 44,640A3 89,280.86 160,000,0o 2,181,000.00 $327,401,61 07/01/11 34,428.75 45,905,00 91,810.00 170,000,00 9,011,000.00 $342,14&75 01/01112 83.791.25 45'055.00 00,110.00 171.000.00 8,840.000.00 $338,056.25 87/01/12 33.150.00 44,200.00 88,400.00 170.000,00 8'888.000.00 $839,750.00 81/01/13 32,4B7.50 48.330�00 80,600.00 177.000.00 8,489,000,00 $339'487.50 07/01/13 31.833-75 42`445.00 84.890.00 181.000.00 8.300,000.00 $340,18875 01/01/14 31.155.00 41.540= 83.080.00 184.000.00 8,124,000.00 $339,775,00 07/07/14 30`46&00 40.620.00 81'240.00 107.000.00 7.937,800.00 $339.325.00 --- 01»01/15 28.763.75 38.685.00 79,370.00 191.000,00 7.746.000.00 $339.818.75 0701/15 20'047.50 38.730.00 77,400,00 185.000.00 7.551.000.00 $340,237,50 01/01/18 28.316,25 37.755�00 75.610,00 198.000.00 7,358^000�00 $339,501�25 07/01/16 27.573.75 30.765,00 73^530.00 202.000.00 7.151,000.00 $339,86835 --- 01/01/17 26'818.25 30.755.00 71.510.00 206.000,08 8,945.000.00 $340.081-25 0701/17 26.04375 34.725.00 69,460.00 210.000�00 6.735`080.03 $840.218.75 � 01/01/18 25.25625 33.675,00 67,350�00 214.000.00 6,521.800�00 $340.281.25 07/01/18 24.453.75 32.605�00 65'210.00 218.0=80 6.303,0=00 $340.268.75 -- 01/01/19 23,83825 31.515.00 03.030.00 222,000�00 6.081.000.00 $040,181�25 07/01/18 22.80375 80.405.00 80^810-00 220.000.00 5.855,000.00 $340.018.78 �- 01A01/20 21.956.25 29\275.00 58'550.00 238,000.08 5.825,000�00 $339'78125 07/01/20 21.093.75 28.125.00 58.250.00 234.000.80 5,391.000,00 $888.468.78 01A81/21 20,210.25 28,955.00 53.910.00 239.000.00 5i152.080�08 $840.081.25 07/01/21 19,320D0 25.760.00 51.520.00 243,000,00 4.909,000.00 $330.608,00 01/01/22 18,408.75 24'545.00 49,090.00 248.000.00 4.661.000.00 $340.04&75 0701/22 17.47835 23,305�08 48.610.00 252.000.00 4.409.000D0 $339,308.75 01/01/23 10.533.75 22.045.08 44.000-00 257.000.00 4.152.000.80 $339,668.75 07101/23 15.570.00 20,760.00 41'520.00 202.000.00 8.800.000.80 $339.050�00 01/01124 14.587.50 19.450.00 88.900.00 207.000.00 3.023.080.00 $389.987.50 07/01/24 13.586.25 18^115.00 36^230.00 272.000.00 3.351.008�00 $330.931.25 8101/25 12.680.25 16,755.00 33.518.00 277.000.00 3.874.000D0 $339.881-25 07/81/25 17.527.50 15.37I80 30.740.00 282.000.08 2.782,000.00 $839.887,58 01/01/26 10.470-00 13.960.00 27.928.00 287.000.08 2.505.000.00 $339,360.00 0701/26 9,398.75 12'525.00 25.050.00 298.000D0 2.212.000.00 $339.968.75 01821/27 8.295,00 11'060.00 22.120.00 298.000.00 1.914.00I00 $339.478.00 07/01/27 7,177.50 9,570.08 19.148.00 305.000.00 1.609.000.00 $040.887.60 01/01/28 0,033.75 8,045.00 16.090.00 311,800,00 1.298.000�00 $341.16835 07/01128 4^867.50 6.490�00 12.980.00 318.000.00 982,000.00 $340.387.60 01/09/29 8,802.50 4^910.00 9.820.00 822,000.00 860,00008 *340.412.50 0701/29 2.475.00 3.808�00 0.600.00 328,000.00 332,000.00 $340.376,00 0101/30 1,245.08 1.600.00 3.820.00 0.00 $338,225,00 $678,600.00 $11.557^250.00 &11.557,250.00 Bozeman SRP-lO230$9�V0000.x|wx ` , 9126/2013