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