HomeMy WebLinkAboutCompletion Certifcate for SRF-11281 Bozeman Sewer System Revenue Bond 2010H DEPARTMENT OF NATURAL RESOURCES
AND CONSERVATION
STEVE BULLOCK,GOVERNOR
1625 ELEVENTH AVENUE
STATE OF MONTANA
DIRECTOR'S OFFICE. (406)444-2074 PO BOX 201601
� o oq_nx x FAX. (4:06)444-26'84 HELENA,MONTANA 59620-1601
MEMOjUNDUM
To: Sean Becker, :Mayor
City of Bozeman
From: Anna Miller, Financial Advisor
Department of Natural Resources and nse ation
Date: September 26,2013
Re: Bozeman Sewer System Re e Bond 2010H
SRF-11281 $9,573,000
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 5962.0-1601
1 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 WWTP SRFW-11281 $9,573,000
DIRECTOR'S CONSERVATION&RESOURCE RESERVED WATER RIGHTS OIL&GAS TRUST LAND MANAGEMENT
OFFICE DIVISION COMPACT COMMISSION DIVISION DIVISION
(406)444-2074 (406)444-6667 (406)444-6841 (406)444-6675 (406)444-2074
$9,573,000
Sewer System Revenue Bond
(DNRC Water Pollution Control State Revolving Loan
Program), Series 2010H
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. 4299, duly adopted by the City Commission of the City on
November 1, 2010, entitled "Resolution Relating to $9,573,000 Sewer System Revenue Bond
(DNRC Water Pollution Control State Revolving Loan Program), Series 2010H; Authorizing the
Issuance and Fixing the Terms and Conditions Thereof' (the "Resolution"),the City issued its
Sewer System Revenue Bond(DNRC Water Pollution Control State Revolving Loan Program),
Series 2010H, of the City, dated, as originally issued, as of November 1, 2010 in the maximum
aggregate principal amount of$9,573,000 (the"Bond"). We have reviewed the Resolution and
the Resolution No. 4299 adopted by the City Council of the City on November 1, 2010,
including, without limitation, Articles 11 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 "Project"). 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 $ 1,113,202.00
Construction $ 7,777,173.00
Debt Service Reserve $ 682,625.00
Total $ 9,573,000.00
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., $9,573,000) (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 I I(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, 2011 in accordance with the Schedule B, as originally attached to the Bond at closing on
December 14, 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 $682,625. The
amount on deposit therein on the date hereof, $682,625 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
L2013.
CITY OF BOZEMAN,MONTANA
By
ayor
0-P
(SEAL)
And
City Manager
G:\CARD\SRF-WRF Loans\8RF-Certfficates\CERT Bozeman$9,573,000.docx
full
2 A ,
Certificate of Substantial ompletion n--
y prvt�.x aox,manMRF Ptrose 1 1mprn,re7erak4 rrt>er COY ormmarmm rs coertraa No.
Cmtradar s Ppcife ct.No,: 00.,,5074s-P0123
1+ct'I.LZ-1
This jtentative][definiftve).t;ertitacate of Subst tia'i Completion Applies to;
All Work under the Contact Documents, C7 The following specified portions:
The Work to which this Cartiftcate applies has been inspeoieti by authot¢cct.representatives at Owner,Contractor^and t riglneer,
and found to be substantlally complete, The Date of 5ubstantidl Completion of the project or portion thereof desWnaled atrova Is
hereby declared and is also.the:date of�commericaernant of applicable entarrabties required by the Gontract Doctrrnents;except as
stated iaelow.
A flentatiVel list of items to be completed or corrected,is attached hereto. This list rrtay not be all-
inclusive;aDd the failure to lnelWe 4hy items on such list does not al.tdr the responsibility of the Corrtraclor to complete all'Wdfk in
o6ordanoo with tha Contract Documents,
i The ressponsli,ill0n. batween OWNER and CONTRACTOR for secvrtty, operation, safety, rnalntanarice, heat: utUltles,
lnsurance and wananties shall be as provided in the Contract Documents,9Xicep7t as amended as follows:
`— p Amended Responsibilities Noi.Amghded
Owner's Amended Responsibilities:
Contractor's Amended Responsibilities:
The follouving documents are attached to and made part of Wis Csartificate:
This Cedifroa:W does not canstitute an acceptance of W-Ork ni t in aMwdent4with the Contract Documehts nor is it a retease of
Contractors obligation to eompWa the Work in a0c'Qifdance vdth the Contract:Documents.
Y Eineer
Date
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000...88486/Phase 1 Improvements Project
June 11,2013 `
JUN ;. ,..
Mr. Bob Murray D
City of Bozeman Engineering Department Dig a
20 East Olive Street
Bozeman, Montana 59771
RE: City of Bozeman,Montana
Bozeman WRF Phase 1 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/MMI 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
(Phiise 3)Piroject. 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.
HQR ENOi666600.Ilnt. 1716 5auM Reserve Phone(4176)532-Zn
soit6 C fax:(1116)SU-2241
Missoula,MT SWI-0708 www.hdiinc.com
Mr.Bob Murray
;tune 11,2013
Please call if you have any questions with the above or require additional action,from FDDR'NM.
Sincerely,
HDR ENGINEERING, INC.
Dan J.Harmon, P.E.
Project Manager
Letter and Certification Approved by the City of Bozeman,Montana
By:
Bob Murray, City ofBoz an Project Manager
i 3'/Date
C. Mike Abrahamson,MDEQ
Herb Bartle/Craig Woolard, City of Bozeman
James Nickelson (NMI)
Coralynn Revis (HDR)
HDR One Company I Many Solalions 2 of 2
AFFIRMATIVE CERTIFICATION
of Project Performance Standards
(for State Revolving Fund Loan Projects)
As required by the Clean Water Act under Title VI, 33 U3,C. 1251 Section
602(b)(6), I certify as authorized representative of City of Bozeman
(Name of Loanee)
that the Bozeman WRF Phase 1 ImDrovements Project,(MDEQ SRF,No. C303105-01
(Name of Loan Project)
wastewater treatment facility funded in part by the above-noted loan project, having initiated operation on
May 25 , 2012 , has met its performance standards on the date one year following
initiation of operation. This certification is substantiated by the attached Basis for Certification Report,
6/3113
)/i �lve Date
Signature of Autho zed Represent
ProLect Engineer, City of Bozeman
Title
S RF-11281 STATE OFMONTANA
50380394 GENERAL OBLIGATION BONDS
9989OTl/K88 WASTE WATER
(REVOLVING FUND PROGRAM)
BORROWER: Bozeman 2Q1UH FINAL LOAN PAYMENT: 1/112031
PROJECT NAME: VVstewtr Treatment Fac TOTAL#OF LOAN PAYMENTS: 40
LOAN COMMITMENT: $9.573.000 PROJECT NUMBER:
LOAN AMOUNT: $8,573.000 DATE OF LOAN FUNDING: 12/14/10
INTEREST RATE: 3.75&
PAYMENT ADM EXPENSE LOAN LOSS INTEREST PRINCIPAL 0/8 LOAN TOTALAMOUNT
DUE SURCHARGE SURCHARGE PAYMENT PAYMENT BALANCE OFPAYMENT
07/01/11 23,298.26 31,064-35 62,128,69 145,000.00 9.428,000.00 261,491-30
01/01/12 35,355.00 47,140,00 94,280,00 145,000,00 9,283,000.00 $321,775.00
07/01/12 34.811.25 46.415.00 82.830.00 108.000,00 9.115.800.00 $342.058.25
01/01/13 34.181.25 45`570.00 81.150,00 189,000D0 8.048.000.00 $338,906.25
07/01/13 33.547.50 44.730.00 88.480.00 172.008.00 8,774.000.80 $330^73750
01/01/14 32.902.50 43.070.80 87'740,00 178.000.00 8.598.000.00 $348,512.50
07/01/14 32.242.50 42,990.00 85'980,00 179.000.00 8.419.000.00 $840,212.50
01/01/15 81.57125 42,095-00 84,190.00 182.000.00 8.237.000.00 $339.850.25
07701115 30,88876 41,185.00 82,370.08 180.800,00 8.051,000.0D *340.443-75
01101/16 30,191.26 40,255.00 80,510.00 189.008.00 7,062.000.00 $339.05625
07101/18 29.482.50 39,310.00 78,620.08 193.000,00 7,689.000.00 $340.412.50
01/81/17 28'758,75 88.345.00 76.600.00 197.000�00 7,472'000,00 $340.793.75
07/01/17 28.020.00 37.360.00 74`720-00 200,000.00 7.272,000.00 $340^100.00
01/01/18 27,270,00 36.300.00 72,720,00 204.000.00 7.068,000.00 $340.350.00
07/01118 26'505,00 35'340.00 70.600�08 205,000,00 6.883,000.00 $337,525.00
81/01/10 25.736.25 34.31E00 68.030,00 210.000,00 8.653.000,08 $338.681.25
07101/19 24.948.75 33.26&00 00.538.00 214,000�00 6.439.00000 $338.74375
01/07/20 24.146.25 32,195.00 64.390�00 219,000�00 0.220080.00 $339.731.25
87/01120 23,325.00 81,100.00 62.200.00 223.000O0 5.997.000,00 $339,525.00
01/01/21 22.488.75 29^985�00 58.970.00 227.000.00 5`770.800.00 $839.443.75
07/01t21 21,637.50 28,850.00 57.700.00 228.000�00 5.542.00I00 $336.187.50
01/01/22 28.782.80 27.710,00 55.420.00 235.000.00 5.307,000.00 $338.012-50
07/01/22 19.901.26 26.53&00 53.07000 239.000.00 5.008.000.00 $338.506.25
01/01123 18.005.00 25,340.00 50'680�00 247.000.80 4.821.000.00 $342,025.80
07/01/23 18,078.75 24.105,00 48.21000 250.000.00 4,571.000�00 $340.89075
01/01/24 17,141.25 22,855.00 46.710V0 255.080.00 4,310,000.00 $340,706.25
07/01/24 18,185.00 21,580D0 43,160.00 256.000.00 4.060,800.00 $338,925.00
01/01/25 15.225.00 28,380.00 40,600�80 262.000.00 3,798.000,00 $338,125.00
07/01/25 14,242.50 18.990.00 37,980-00 268,000.00 3.580.000,00 *339,212-50
01101/26 13.237,50 17,650.00 35,300,00 272.000D0 3,258.000�00 $338.187.50
07A01/26 12.217,50 10.280.00 32,58000 278.000.00 2.980.000.00 $389.087.50
01/01/27 11.175�00 14'900.00 28,800.00 285,000.00 2.895,008,00 $340.875.00
07/01/27 10,106.26 13.475,00 20.950,08 280^000.00 2.405.00000 $340.531.25
01/01/28 9,01815 12.025.00 24,050-00 207,000.00 2.100.000�00 $842.003.75
07/01/28 7.905.00 10'540.00 21.088-00 300.00O00 1.808.000.00 $339,535.00
01/01/29 6.780.80 9,040.00 18.080.08 307,800.80 1.501.000.00 $340,800.00
07/01/29 5.628J5 7,505,00 15.010-00 313,000.00 1.188.000.00 $341,143,75
01/01/30 4.456.00 5.940.00 11'880-00 354^000.88 834.000.00 $370.275,00
07/01/30 3.127-50 4`170.00 8.340.00 379.000.00 458.000.00 $394.837,50
01/01/31 1'70&25 2`275.00 4.550.00 455,000,00 0.00 $463,531.25 S858J68.75
$12.443.908.25 312,443'906.25
8ucemuo 8RF-ll2Al $9,573,000 s1an 9/26/20I3