HomeMy WebLinkAbout13- $1,973,000 ARRA Sewer System Revenue Bonds DEPARTMENT TENT" Off` NATURAL RESOURCES
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AND CONSERVATION
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STEVE BULLOCK,GOVERNOI2 1625 ELEVENTH AVENUE
S TAT E OF V O TT N,
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DIRECTOR'S C]EFICE: t49�61 444-2974
4� PO BOX 293601
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FAX, 0961444.2654 HELENA,MONTANA 59620-1691
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MEMOjUNDUM
To: Anna Rosenberry, Director of Finance
City of Bozeman
From: Anna.Miller, Bureau Chief
Department of Natural Resources and C on
Date: December 12, 20113
Re: City of Bozeman ARRA Sewer System Revenue Bonds - SRF-12296
$390,700 201 OA; SRF-12297 $359,300 2010B; and $993,0181 SRF-12299
2010C
Attached is the Completion Certificate for these loans. Please review, sign and return to
e at:
F
Anna Miller
Conservation and Resource Development.Division
PO Box 201601
Helena, MT 59620-1601
1 would like to have this back by January 15, 2014. 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.
encl.
A
cc: Mike Abrahamson—DEQ w/o
Paul LaVigne— DEQ w/o
Diana Hoy—DNRC wJ
Bozeman ARRA A SRF-12296 $390,70)0 file w/o
Bozeman ARRA B SRF-12297 $359,300 file w/o
Bozeman.C SRF-12219 $993,081 file w/o
DIRECTOR'S CONSERVATION&RESOURCE RESERVED WATER RIGHTS OIL&CAS TRUST LAND MANAGEMENT'
OFFICE DIVISION COM'PACT CO1M MISSION DIVISION DIVISION
(4016)994-2074 R06)444-6667 (4061 444-6543 (4061 444-6675 (406)444.2974
$1,973,000
Sewer System Revenue Bonds
(DNRC Water Pollution Control State Revolving Loan Program)
Consisting of
$390,700 Subordinate Lien Taxable Series 2010A Bond
$359,300 Series 2010B Bond, and
$1,223,000 Series 2010C Bond
City of Bozeman, Montana
CERTIFICATE OF COMPLETION
We, Sean Becker, Anna Rosenberry and Stacy Ulmen, hereby certify that we are on the
date hereof the duly qualified and acting Mayor, The Director of Finance and the Clerk of the
Commission, respectively, of the City of Bozeman, Montana(the "City"), and that:
1. Pursuant to Resolution No. 4234, duly adopted by the City Commission of the City on
January 19, 2010, entitled "Resolution Relating to $1,973,000 Sewer System Revenue Bonds
(DNRC Water Pollution Control State Revolving Loan Program), Consisting of$390,700
Subordinate Lien Taxable Series 2010A Bond, $359,300 Series 2010B Bond, and $1,223,000
Series 2010C Bond; Authorizing the Issuance and Fixing the Terms and Conditions Thereof"
(the "Resolution"),"the City issued its Sewer System Revenue Bonds (DNRC Water Pollution
Control State Revolving Fund Program), Series 2010A, of the City, dated, as originally issued, as
of February 10, 2010 in the maximum aggregate principal amount of$390,700, Series 2010B, of
the City, dated as originally issued, as of February 10, 2010, in the maximum aggregate principal
amount of$359,300, and Series 2010C, of the City, dated as originally issued, as of February 10,
2010 in the maximum aggregate principal amount of$1,223,000 (the "Bonds"). We have
reviewed the Resolution No. 4234, adopted by the City Commission of the City on January 19,
2010, and the Resolution, including, without limitation, Articles 11 and III thereof, and the
definitions relating thereto. The Bond Resolution is referred to as (the"ResolutioW'). 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 Bonds were issued to finance the cost of acquiring or constructing certain
improvements to the wastewater system of the City(the"System"), generally described in
Exhibit A to the Resolution(the "Project"). The Project was completed on May 6, 2011,
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 6, 2011,
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 Bonds in connection
with the Project:
Administration $ 10,000
Construction $ 1,633,568
Debt Service Reserve $_ 99,513
Total $ 1,743,081
5. The Trustee has delivered to the City a copy of Schedule B which will be attached to
the 20108 Bond, which reflects the amortization of all advances made or to be made on the date
hereof of proceeds of the Bonds (i.e., $359,300), and a copy of Schedule B which will be
attached to the 20100 Bond, which reflects the amortization of all advances made or to be made
on the date hereof of proceeds of the Bonds (i.e., $993,081) (the sum of the amounts of the
Bonds applied to pay costs of the Project or cost of issuance of the Bonds 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 20 1 OB Bond, and the 201 OC 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 in accordance with its terms and the terms of the Resolution. The City commenced the
semiannual payment on the 20108 Bond on July 1, 2010 and the 20100 Bond on July 1, 2011, in
accordance with the Schedule B, as originally attached to the 2010E Bond, and the 201 OC Bond
at closing on February 10, 2010, and payments thereon will continue on each July 1, and January
1,thereafter until paid in accordance with the Schedule B attached hereto. The 201 OA Bond in
the amount of$390,700 was forgiven on September 12, 2013. 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 sewer system revenue bonds and which currently
secures the Bonds. 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 201 OB
Bond, and the 2010C Bond in any future fiscal year(the "Reserve Requirement"), The Reserve
Requirement on the Bonds, based on the amortization of the Bonds in accordance with Schedule
B thereto, is $87,925.00. The amount on deposit therein on the date hereof, $87,925.00 is not
less than the Reserve Requirement.
7. The representations of the City contained in Section 3 of the Commitment Agreement,
dated as of January 15, 2010 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.
20
FITNESS our hands and the seal of the City as of this I I. day of
CITY OF BOZEMAN, MONTANA
y�p77 By
Mayor
Au
And
4
DirecitoFinance
And
C rk of the Commission
G.,4C,4PDY 5RF-WRFLoons9SRF-CertificatesNCERT Bozeman$1,973,000 ARR-4.docx
AFFIRMATIVE CERTIFICATION
of Project Performance Standards
(for State Revolving Fund Loan Projects)
As required by the Clean Water Act under Title VI, 33 U.S.C. 1.251 Section 602(b)(6), I certify as
authorized representative of City of Bozeman,Montana that the Bozeman WRF Phase I
Improvements Project Adminiskifi2n1aboratory. Building, funded in part by the above-noted loan
project, having initiated operation on MAXI,2011, 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(Letter).
t-Z
SignaturYof Aut rized Represip- tivie'71 ate
Title
MKOFE
c ty ota�aar 00nefs CM**A C301230
cataa Bozeman WRF Administration and Lab Bui1din °� " 1-26-10
cO*A,lw. Williams ,Bro. Construction,LLC
This:fwnf> 3[4efla"I Cerllflc4a of SUbaUnUat'Comple onAppitea to:
Alt Work utrder then Contrad Documents: Q The followiatg specltied podlons.
5-6-11
O%4x Sulr#4w4w Gorp�ppoiJon
The Work to which this Cenitrcate aW to s has peefi Inspecttsd by authofted mpresentathm of Owner,Contractor and Errp"owe
and fdund to be subsianfialy ciMplete. The Date of Substantial�,�etion of thp'Pr9ject or portion lhenwf.tl n]Onated ab'ova lra
.hereby declared and Ja ulsb Via`data of cornhiet7cement of approb7e:warreaes r0gp1red by tba.Canbt ct botatrtients;except as
staled belo+N.
A[tentaltive)(WAWl%T0—ntaM)[OffilliVel lisp of i*M to be completed,-or ccrtioted,is oltaidmdhateto. This ttat'rnay not be W
Inclusive,and the failOv.to Include any items on such fist duos not altt�r the responsibayy a the Contractor to complete all Work in
accordance with the CordmctPocdmet ts.
The responalbilltlos. ipetween OWNER and CS}NTR GTOR for.aecurlty, 6peration, safety, malntapance, haatt;.utttlttes,
insurance snd warrantles shall begs provided in the!contract Documents except ax.amended aria foltotmm.
[3 Amended Responsibllitias. Cr NotAmanded
owne'es Amended Responsib'slOw
Contractor's Amended Rasponsibilibes:
The follo%4ng.documents are attadtietf to and made part;of Uztps Cerillicataa:
Pd, 91 y q
.I,�(L R" !" '^: J"„ _..... OP4.. '1. t K}/ A+4 r �7 ,d. r °� r1 G'/,
'his Celtfflcate dates notconslfwte an acceptance of Vudrk nett in aword ance With the Contract Documents►tax-is It a release of
Contradoes obligationlb oornplete tat rk in accordance with the-CO
br
we
5-6-11
Oats
Zr
�..._ �bl C►p+rer rsste
Y �lF
FINAL CONTRACTOR CERTIFICATION
Principal Contractor: )LJ IG!gS " -ni-e 6 PU.PT0ZU1!�Id/
Project Dame: p emm W KE M)UN6
Borrower
Montana State Revolving Fund Loan Project No.
1, ILIW , W)LOkNS as official representative of the above-named principal
contractor do hereby certify as follows.:
l/ Ali 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:
et
na'ture f co ntractor)
7 e - —C 2-012-
2-
(Da et ) (Title)
ills
000.._88486/Ad171in/Laboratory Building
October 26, 2012
Mr. Bob Murray
City of Bozeman Engineering Department
20 East Olive Street
Bozeman, Montana 59771
RE: City of Bozeman,Montana
Bozeman WRF Laboratory/Administration Building,MDEQ SRF No. C301230 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/MN41 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 have been
appropriately addressed by WBC and their subcontractors.
14DRJMMI has completed the project as-built drawings by incorporating all HDR, City and
Contractor changes, and have sent the drawings and associated digital files to you under separate
cover. HDR/MMI has also already completed the digital O&M manual in preparation of uploading
the full project manual (in conjunction with the manual for the Phase I project), and we will also
bum all digital photos and other outstanding project files to DVD and will deliver to your Office at
closeout of the Phase I Project. In addition,we are prepared to conduct the digital O&M manual (e-
O&M)training at the City Operations staff's convenience. At that same time,we will submit a
digital manual to the Montana DEQ for approval. We believe the manual, in its current form, is
sufficient to proceed with the City's SRF loan closeout for the project. Please let us know if a
separate(interim) manual is required to ensure that closeout can continue
The Montana DEQ requires that at you, as the representative of the City of Bozeman for the project,
also be a signatory to this Certification Letter. We sugge'st 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.
MDR Engineering,Inc. 1715 South Reserve Phone:14061 U2.22M
Suite C Fax:(406)SU-2241
Mis$ftta.WMI-4708 www.hdrinc.com
Mr. Bob Murray
October 26, 2012
Please call if you have any questions with the above or require additional action from 11DR/MMI.
Sincerely,
HDR ENGINEERING, INC.
Dan J.Harmon,P'.E.
Project Manager
Letter and Certification Approved by the City of Bozeman,Montana
By:
Bob Murray, 1.1ity of Bozer?fin PT6ject Manager
1 Z,/7 It21
Date ' I
C. Mike Abrahamson,MDEQ
Tom Adams/Craig Woolard, City of Bozeman
James Nickelson (MMI)
CoraLynn Revis (HDR)
HOR One Company I Many Sahitions 2 of 2
tSRF-10252 STATE. .,"MONTANA Final Schedule B
50360365 GENERAL OBLIGATION BONDS
9999CTPX9 WASTE WATER
(REVOLVING FUND PROGRAM)
BORROWER: Bozeman ARRA-B, FINAL LOAN PAYMENT: 1/1/2030
PROJECT NAME: Upgrades&Expansion TOTAL#OF LOAN PAYMENTS: 40
LOAN COMMITMENT: $359,300 PROJECT NUMBER:
LOAN AMOUNT: $359,300 DATE OF LOAN FUNDING: 02/10/10
INTEREST RATE: 1.75%
PAYMENT ADM EXPENSE LOAN LOSS INTEREST- PRINCIPAL OIS LOAN-- TOTAL AMOUNT
DUE SURCHARGE SURCHARGE PAYMENT PAYMENT BALANCE OFPAYMENT
07/01/10 0.00 0,00 427.24 7,300.00 55,033,00 7,727,24
01101/11 0.00 0.00 481.54 -8.,000.00 47,033.0,0 18,481.64
07/01111 0.00 0.00 1,335." 8.000.00 336,000.00 $91335.44
01/01/12 0.00 0.00 2,940,00 8,000.00 328,000.00 $10,940.00
07101/12 0.00 0.00 2,870.00 8,000.00 320,000,00 $10,870.00
01/01/13 0.00 0.00 2,800.00 8,000.00 312,000.00 $10,800,00
07/01/13 0.00 0.00 2,730.00 8,000.00 304,000.00 $10.730.00
01/01/14 0.00 0.00 2,660.00 8,000,00 296,000.00 $10,660.00 21,390.00
07/01/14 0.00 0,00 2,590,00 8,000.00 288,0130,00 $10,590.00
01/01/15 0.00 0.00 2,520,00 8,000.00 280,000.00 $10,520.00 ' $ 21,110,00
07101/16 0.00 0.00 2,450.00 8.000.00 272,000.00 $10,450.00
01/01/16 0.00 0.00 2,380.00 8,000,00 264,000.00 $10,380.00 $ 20,830,00
07101116 0.00 0.00 2,310.00 8,000.00 266,000.00 $10,310.00
01/01/17 0.00 0.00 2,240.00 8,000.00 248,000.00 $10,240.00 $ 20,550.00
07/01/17 0.00 0.00 2,170.00 9,000.00 239,000.00 $11.170.00
01/01118 0.00 0.00 2,091.25 9,000.00 230,000,00 $11,09125 $ 22,261.25
07/01/18 0,00 0,00 2,012,50 9,000.00 221,000,00 $11,012.50
01/01/19 0.00 0.00 1,933.75 9,000.00 212,000.00 $10,933-75 $ 21,946-25
07/01/19 0-00 0.00 1,855.00 9,000.00 203,000.00 $10,855.00
01101/20 0.00 0.00 1,776.25 9,000.00 194,000.00 $10,77625 $ 21,631.25
07101/20 0.00 0.00 1,697.50 9,000,00 185,000.00 $10,697,50
01/01/21 0.00 0.00 1,618.75 9,000.00 176,000.00 $10,618,76 $ 21,316,25
07101/21 0.00 0.00 1,540.00 9,000m 167,000,00 $10,540.00
01101/22 0.00 0,00 1,461.25 9,000.00 158,000.00 $10,461.25 $ 21,001.25
07/01/22 0.00 0.00 1,382.50 9,000.00 149,000.00 $10,382.50
01101/23 0.00 0.00 1,303.75 9,000.00 140,000.00 $10,303.75 $ 20,686.25
07/01/23 0.00 0.00 1,225.00 9,000.00 131,000.00 $10,225.00
01/01/24 0.00 0.00 1,146.25 10,000m 121,000,00 $11,146.25 $ 21,371.25
07/01/24 0.00 0.00 1,058.75 10,000,00 111,000.00 $11.058,75
01/01/25 0.00 0.00 97125 10,000.00 101,000.00 $10,971.25 $ 22,030.00
07101/25 0.00 0.00 883.75 10,000= 91,000.00 $10,883,75
01101/26 0.00 0.00 796.25 10,000.00 81,000.00 $10,796,25 $ 21,680.00
07/01/26 0.00 0.00 708.75 10,000.00 71,000.00 $10,70835
01/01127 0.00 0.00 621,25 10,000.00 61,000.00 $10.621.25 $ 21,330.00
07/01/27 0,00 0.00 53335 10,000.00 51,000,00 $10,533.75
01/01/28 0.00 0.00 446,25 10,000m 41,000.00 $10,446,25 $ 20,980.00
07/01/28 0.00 0,00 358.75 10,000m 31,000.00 $10,358.75
01101/29 0.00 0,00 271.25 10,000.00 21,000.00 $10,271.25 $ 20,630.00
07/01/29 0,00 0.00 183.75 10,000.00 11,000.00 $10,183.75
01101/30 0.00 0.00 96.25 11,000.00 0.00 $11096.25 $ 21,280.00
359300,00
$362,023.75 $ 362,023.75
Bozeman$359,300 SR.F-10252.xlsx 10/31/2013
SRF-11291R Revised Final Schedule
STATE OF MONTANA
GENERAL OBLIGATION BONDS
WASTEWATER
(REVOLVING FUND PROGRAM)
BORROWER: Bozeman,City of
PROJECT NAME: FINAL LOAN PAYMENT: 7/1/2031
LOAN COMMITMENT: $885,081 #OF LOAN PAYMENTS: 35
LOAN AMOUNT, 885,081 PROJECT NUMBER:
INTEREST RATE: 3,00% DATE OF FUNDING: 8/21/2013
PAYMENT LOAN LOSS ADM EXPENSE INTEREST PRINCIPAL O/S LOAN TOTAL AMOUNT
DUE RESERVE SURCHARGE PAYMENT PAYMENT BALANCE OF PAYMENT
1 1/1/2014 799,03 2,397.09 6,392.25 18,081.00 867,000.00 $27,669-38 $ 2709.38
2 7/1/2014 1,083.75 3,251.25 8,670.00 20,000.00 847,000.00 $33,005.00
3 1/1/2015 1,058.75 3,176.25 8,470.00 20,000.00 827,000.00 $32,705.00 365,210.00
4 7/112015 1,033.75 3,10115 8,270.00 20,000.00 807,000.00 $32,405.00
5 1/1/2016 1,008.75 3,02615 8,070,00 21,000.00 786;000.00 $33,105.00 $65,510.00
6 7/1/2016 982,50 2,947.50 7,860.00 21,000,00 765,000,00 $32,790.00
7 1/1/2017 956,25 2,868.75 7,650.00 21,000.00 744,000.00 $32,475.00 $65,265.00
8 711/2017 930.00 2,790.00 7,440.00 22,000.00 722,000.00 $33,160.00
9 1/1/2018 902.50 2,707.50 7,220.00 22,00.00 700,000.00 $32,830,00 165,990.00
10 7/1/2018 875.00 2,625.00 7,000.00 22,000.00 678,000.00 $32,500,00
11 1/1/2019 847.50 2,542.50 6,780.00 23,000.00 655,000.00 $33,170.00 $65,670.00
12 7/1/2019 818.75 2,456.25 6,550.00 23,000.00 632,000.00 $32,825.00
13 1/1/2020 790,00 2,370.00 6,320.00 23,000.00 609,000.00 $32,480,00 $65,305.00
14 7/1/2020 76115 2,283,75 6,090.00 24,000.00 585,000.00 $33,135,00
15 1/1/2021 731.25 2,193.75 5,850.00 24,000.00 561,000.00 $32,775.00 $65,910.00
16 7/1/2021 701.25 2,103.75 5,610.00 24,000.00 537,000.00 $32,415.00
17 1/1/2022 671,25 2,013.75 5,370.00 25,000.00 512,000.00 $33,055,00 $65,470,00
18 7/1/2022 640,00 1,920.00 5,120.00 25,000.00 487,000.00 $32,680.00
19 1/1/2023 608.75 1,826.25 4,870.00 25,000.00 462,000.00 $32,305.00 564,985,00
20 7/1/2023 577.50 1,732.50 4,620.00 26,000.00 436,000,00 $32,930,00
21 1/1/2024 545.00 1,635.00 4,360,00 26,000.00 410,000.00 $32,540.00 $65,470.00
22 7/l/2024 512.50 1,537.50 4,100.00 27,000,00 383,000.00 $33,150.00
23 l/l/2025 47875 1,436,25 3,830.00 27,000.00 356,000,00 $32,745.00 $65,895.00
24 7/1/2025 445.00 1,335,00 3,560,00 27,000.00 329,000.00 $32,340,00
25 1/1/2026 411.25 1,233,75 3,290.00 28,000.00 301,000.00 $32,935.00 ,$65,275.00
26 7/1/2026 37625 1,128-75 3,010.00 28,000.00 273,000,00 $32,515,00
27 1/1/2027 341,25 1,02335 2,730,00 29,000.00 244,000.00 $33,095.00 565,610.00
28 7/l/2027 305.00 915,00 2,440.00 29,000.00 215,000.00 $32,660,00
29 1/112028 268.75 806.25 2,150.00 29,000.00 186,000.00 $32,225.00 $64,885,00
30 7/1/2028 232,50 697.50 1,860.00 30,000.00 156,000.00 $32,790.00
31 11112029 195,00 585.00 1,560.00 30,000,00 126,000.00 $32,340.00 $65,130,00
32 7/112029 15750 472.50 1,260.00 31,000.00 95,000.00 $32,890,00
33 l/1/2030 11835 356,25 950.00 31,000.00 64,000.00 $32,425,00 $65,315,00
34 7/1/2030 80.00 240.00 640,00 32,000,00 32,000.00 $32,960.00
35 111/2031 40.00 120.00 320,00 32,000,00 0.00 $32,480,00 $65z440.00
21,285.28 63,855,84 170,282-25 885,081,00 1,140,504,38