Legals September 2, 2018
No. 25622 INVITATION TO BID Separate sealed bids for procurement of Sequencing Batch Reactor (SBR) Equipment for the City of Whitefish Wastewater Treatment Plant Improvements project will be received by Anderson-Montgomery Consulting Engineers (AMCE) office at 1064 N. Warren St., Helena, MT 59601 (phone: 406-449-3303) until 3:00 p.m. local time on Wednesday, September 12, 2018, and then publicly opened and read aloud. The proposed Goods and Special Services to be provided under this procurement include provision of Sequencing Batch Reactor (SBR) Equipment for construction of a new wastewater treatment facility located at the Whitefish Wastewater Treatment Facility at 350 Monegan Road, Whitefish, MT, 59937. The equipment will be installed by an Installation Contractor as part of the Whitefish Wastewater Treatment Improvements Project, to be bid in its entirety in a forthcoming public bid. Generally, the SBR Equipment package should include an aeration system, air blowers, mixing equipment, decanting systems, waste sludge pumps, control valves, instrumentation and controls. Special services include preparation of shop drawings and specifications, coordination with the Engineer and the Installation Contractor, development of operations manuals, performance guarantees, field inspection, startup and training services. Bids for the proposed Goods and Special Services will be requested under the Base Bid Schedule and Alternate A Bid Schedule, as described in the Bid Form. Both Schedules and supporting information must be completed as per Instructions to Bidders and the Bid Form. Bidders shall bid using City bid proposal forms, addressed to Anderson-Montgomery Consulting Engineers at 1064 N. Warren St., Helena, MT 59601 (phone: 406-449-3303) , enclosed in a sealed envelope or suitable container marked plainly on the outside, "SBR Equipment Bid". The contract documents, consisting of Drawings and Project Specifications, may be examined online at AMCE's website at www.a-mce.com under the Project Documents page with hard copies obtained at the office of AMCE at 1064 N. Warren St., Helena, MT 59601 (phone: 406-449-3303). The documents are also available electronically at the regional Builders Exchanges. The required payment for a complete set of contract documents is $100 per set, which is not refundable. Bidders and any of the Bidder's subcontractors submitting a bid on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI) Contractor Registration Unit prior to submitting bids. The Bidders must ensure that employees and applicants for employment are not discriminated against because of their race, color, religious views, sex or national origin. The highest of Montana Prevailing Wages or Federal Davis-Bacon Wage Rates apply to this project. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, Bid Bond, Bank Money Order, or Bank Draft payable to the City of Whitefish, drawn and issued by a national banking association located in the State of Montana or by any banking corporation incorporated under the laws of the State of Montana for an amount which shall not be less than ten percent (10%) of the bid, as a good faith deposit. Successful Bidders shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Contracts shall be awarded on the basis of the Evaluated Bid and supporting information submitted by a responsible and responsive Bidder, deemed most favorable to the City's interest. This project is funded with loan funding from the Montana Water Pollution Control State Revolving Fund (SRF). Bidders must comply with funding agency requirements. Award of the project will be contingent upon available funding and award concurrence from Montana SRF fund program officials. Bidders on this Work will be required to comply with Title 40 CFR Part 33. The requirements for Bidders and Contractors under this regulation concerning utilization of Small, Minority, and Women Business Enterprises (DBE) are explained in the Specifications. Bidders on this Work will also be required to comply with the President's Executive Order No. 11246, as amended. No bid may be withdrawn after the scheduled time for the public opening of bids. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the City of Whitefish. The City of Whitefish is an Equal Opportunity Employer. City of Whitefish Adam Hammatt, City Manager 1005 Baker Avenue Whitefish, MT 59937 August 26, September 2, 2018 MNAXLP __________________________
No. 25609 NOTICE OF PUBLIC HEARING: TEXT AMENDMENT TO FLATHEAD COUNTY SUBDIVISION REGULATIONS The Board of Commissioners of Flathead County, Montana herby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a request from the Flathead County Planning Board to amend the text of the Flathead County Subdivision Regulations. The proposed text amendments are requested in order to comply with recent changes to the Montana Subdivision and Platting Act. The text amendments include changes to the following sections of the regulations: 4.1.8 regarding findings of fact, 4.1.11 regarding extensions for preliminary plats, 4.1.14 and 4.1.15 regarding time limits for application review, 4.4.2 regarding phased subdivision, 4.5 regarding subdivisions which create multiple lots for recreational vehicle camping and manufactured homes, 4.8.3 regarding land exempt from subdivision review, revised definition of "phased subdivision", and amendments to Appendix F. The Flathead County Subdivision Regulations apply to all areas of Flathead County and are on file for public inspection at the Office of the Board of Commissioners, 800 South Main, Room 302, Kalispell, Montana, the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office website at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed amendments to the regulations are on file for public inspection at the Office of the Board of Commissioners and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 13th day of September, 2018 at 9:30 o'clock a.m. in the Commissioners' Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed changes to the text of the Flathead County Subdivision Regulations. Written comments are encouraged and will be reviewed by the Commissioners prior to the hearing if received by the Flathead County Commissioners' Office prior to the hearing. Dated this 20th day of August, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman August 26, Aeptember 2, 2018 MNAXLP ________________________
No. 25613 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION WILLOW GLEN ZONING DISTRICT The Board of Commissioners of Flathead County, Montana hereby gives notice, pursuant to Section 76-2-205(5), M.C.A., that it passed a Resolution of Intention (Resolution No. 654BK) on August 23, 2018 to change the zoning designation in a portion of the Willow Glen Zoning District from 'B-2 General Business / Evergreen Enterprise Overlay EEO' and 'R-2 One Family Limited Residential' to 'B-3 Community Business / Evergreen Enterprise Overlay EEO' with a commercial Planned Unit Development (PUD) to modify the proposed B-3 zoning to increase the maximum height from 35 feet to 60 feet. The boundaries of the area proposed to be amended from are described as: Parcel 1: A tract of land located in the NW1/4 of Section 9, Township 28 North, Range 21 West, Principal Meridian, Montana. Tract 1 of Certificate of Survey No. 11727 (62 Sager Lane). Parcel 2: A tract of land located in the NW1/4 of Section 9, Township 28 North, Range 21 West, Principal Meridian, Montana. Tract 2 of Certificate of Survey No. 11727 (64 & 66 Sager Lane). Parcel 3: Tract 3 of Certificate of Survey No. 11727, located and being in the NW1/4 of Section 9, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (70 Sager Lane). Parcels 4 and 5: A tract of land in the Northeast Quarter of the Northwest Quarter (NE1/4 NW1/4) and the Northwest Quarter of the Northeast Quarter (NW1/4 NE1/4) of Section 9, and the Southwest Quarter of the Southeast Quarter (SW1/4 SE1/4) of Section 4, all in Township 28 North, Range 21 West, M.P.M., Flathead County, Montana. Tract 2 of Certificate of Survey No. 10377. EXCEPTING THEREFROM THE FOLLOWING TRACT OF LAND: A tract of land being a portion of Tract 2, COS 10377; located in the NW1/4 of Section 9, Township 28 North, Range 21 West, Principal Meridian, Montana; more particularly described as follows: Beginning at a point on the north line of Tract 2, COS 10377, said point being S89°37'18"W 80.01 feet from the 1/4 corner common to Sections 4 and 9, T28N, R21W; thence S00°29'07"W 96.16 feet; thence S89°48'56"W 158.55 feet to the westerly line of said Tract 2; thence N00°02'19"E 95.61 feet along said westerly line to the north line of Section 9; thence N89°37'18"E 159.30 feet long the north line of Section 9 to the point of beginning. BE IT FURTHER RESOLVED that notice of the passage of this Resolution of Intention, stating the boundaries of the portion of the Willow Glen Zoning District to be changed, the general character of the proposed designation for the area to be changed, that the regulations for said district are on file in the Office of the Board of Commissioners, and that for thirty (30) days after the first publication of thereof, the Board will receive written protests to the change to the Willow Glen Zoning District, shall be published once a week for two weeks. BE IT FURTHER RESOLVED, that written protests will be received from persons owning real property within Flathead County for a period of thirty (30) days after first publication of that notice. In order that only valid signatures are counted, the freeholders who file protests must either be registered to vote in Flathead County or execute and acknowledge their protests before a notary public. The regulations defining the 'B-2' 'Evergreen Enterprise Overlay EEO','R-2' and 'B-3' zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Clerk and Recorder, Courthouse, 800 South Main, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office's website at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change and PUD are also on file for public inspection at the Office of the Board of Commissioners and the Flathead County Planning and Zoning Office. For thirty (30) days after the first publication of this notice, the Board of Commissioners will receive written protests to the change proposed for a portion of the Willow Glen Zoning District from persons owning real property within Flathead County whose names appear on the last completed assessment roll of Flathead County and who either are registered voters in Flathead County or execute and acknowledge their protests before a notary public. DATED this 23rd day of August, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman August 26, September 2, 2018 MNAXLP _________________________
No. 25611 NOTICE OF ELECTION Notice is hereby given that in Flathead County, on September 12, 2018, a levy election will be held for Smith Valley Rural Fire District. Smith Valley Rural Fire District levy election will be conducted by mail ballot. The impact of levying 49.26 additional mills on a home valued at $100,000.00 under the FY2018 mill value, would be approximately $66.51 in additional property taxes per year. The impact of levying 49.26 additional mills on a home valued at $200,000.00 under the FY2018 mill value, would be approximately $133.01 in additional property taxes per year. Ballots will be mailed to all eligible registered voters of the Fire District on August 23, 2018 and must be returned by each voter, by mail or in person to the Flathead County Election Department 40 11th St West #230, Kalispell, Montana, during regular business hours (8:00 a.m. to 5:00 p.m.), weekdays through September 12, 2018. On Election Day, September 12, 2018, the only places for deposit of voted ballots will be the office of the Flathead County Election Department, 40 11th Street West #230, Kalispell, Montana, which will be open from 7:00 a.m. to 8:00 p.m., and all ballots must be in by 8:00 p.m. to be counted. All ballots will be tallied in the office of the Flathead County Election Department on September 12, 2018. DATED this 1st day of August, 2018. Debbie Pierson Election Administrator By:/s/Monica R. Eisenzimer Election and Recording Manager August 19, 26, September 2, 2018 MNAXLP __________________________
No. 25641 PUBLIC NOTICE LHC, Inc will file on or about August 29, 2018 a notification of intent to transfer location of an air quality permit(s) with the Permitting and Compliance Division/Air and Waste Management Bureau of the Montana Department of Environmental Quality. Applicant seeks approval of its transfer of location of Portable Crusher, Air Quality Permit #(s): 3860-03 to: Section09 T29N R22W Flathead County, Kalispell, MT. The Division must approve or disapprove the permit transfer within 30 days of receipt of a complete notice of intent. Any member of the public with questions or who wishes to review a copy of the permit and the division's analysis of it, or to submit comments on the change of location must contact the division at 1520 East Sixth Avenue, PO Box 200901, Helena, MT 59620-0901, Phone (406) 444-3490. Any comments on the location transfer must be submitted to the division within 15 days after the date of this publication. September 2, 2018 MNAXLP __________________________
No. 25642 Jason J. Henderson, #11414 Mackoff Kellogg Law Firm 38 2nd Ave East Dickinson, North Dakota 58601 701-227-1841 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF Betty J Layton Deceased Probate No. DP-18-177B Robert B Allison NOTICE OF HEARING NOTICE IS HEREBY GIVEN that Jason J. Henderson has filed an Application or Petition to be Formally Appointed Special Administrator of the Estate of Betty J Layton which may be examined in the office of the Clerk of this Court. Hearing has been set at the Courtroom of this Court in Kalispell, Flathead, Montana, on the 10th, day of October, 2018, at 1:30 o'clock p.m., at which time and place all interested person may appear and object. DATED August 29, 2018 Jason J. Henderson, #11414 Mackoff Kellogg Law Firm 38 2nd Ave East Dickinson, North Dakota 58601 September 2, 9, 16, 2018 MNAXLP ________________________
No. 25617 PURPOSE OF PUBLIC NOTICE The purpose of this notice is to state the Department's intention to issue wastewater discharge permits to the facilities listed in this notice. These permits are issued by the Department under the authority of 75-5-402, Montana Code Annotated (MCA); the Administrative Rules of Montana (ARM) 17.30.1301 et seq., Montana Pollutant Discharge Elimination System (MPDES); ARM 17.30.1001 et seq., Montana Ground Water Pollution Control System (MGWPCS); and Sections 402 and 303 of the Federal Clean Water Act. The Water Protection Bureau has prepared draft permits for the facilities listed below. Copies of the draft permits, fact sheets, and environmental assessments are available upon request from the Water Protection Bureau or on the Department's website www.deq.mt.gov. APPLICANT INFORMATION APPLICANT NAME: Willow Creek Sewer District #306 FACILITY NAME: Willow Creek Wastewater Treatment Facility FACILITY LOCATION: 107 West Fifth Street Willow Creek, MT 59760 Gallatin County RECEIVING WATER: Outfall 001: Unnamed Borrow Ditch along State Highway 287 PERMIT NUMBER: MT0025038 DEQ is proposing a draft Montana Pollutant Discharge Elimination System (MPDES) permit renewal for the Willow Creek Wastewater Treatment Facility (WWTF). The WWTF is a minor, publicly-owned treatment works which discharges into an unnamed borrow ditch along State Highway 287. The facility operates a three-cell facultative lagoon with an ultraviolet disinfection system and an average daily design flow of 0.0345 million gallons per day. The facility is not a new or increased source. In this permit, technology-based effluent limits for total suspended solids and 5-day biochemical oxygen demand are changed from Treatment Equivalent to Secondary Standards to National Secondary Standards. The proposed permit requires periodic self-monitoring and reporting of discharge quality. Some monitoring frequencies have been increased to be more indicative of the facility's intermittent discharge periods. This permit and fact sheet will be submitted to the EPA for approval. * * * * * APPLICANT INFORMATION APPLICANT NAME: F.H. Stoltze Land & Lumber Company FACILITY NAME: Stoltze Cogeneration Facility FACILITY LOCATION: The facility is located approximately two miles northwest of Columbia Falls, and one mile north of the intersection of US Highway 2 and State Highway 40 Flathead County RECEIVING WATER: Outfall 001 - Class II Ground Water PERMIT NUMBER: MTX000228 A determination has been made by DEQ to reissue an existing Montana Ground Water Pollution Control System (MGWPCS) permit to F.H. Stoltze Land & Lumber Company for the Stoltze Cogeneration Facility. The scope of this permitting action is for the operation and maintenance of the facility's wastewater collection and disposal system. The facility includes a wood-fired boiler and an electrical generator. The steam generated from the boilers is used to heat the buildings, to dry the lumber, and to power the 2.5 megawatt steam-turbine generator. The facility produces enough electricity to power approximately 2,200 homes. The wastewater associated with the operation and maintenance of the facility boiler is discharged to shallow ground water through an infiltration pond. The pond is located at: Southeast 1/4, Section 02, Township 30 North, Range 21 West; Latitude 48.38778°N, Longitude 114.24402°W; Flathead County. * * * * * APPLICANT INFORMATION: APPLICANT: Ash Grove Cement Company FACILITY NAME: Ash Grove Cement Company - Montana City Plant FACILITY LOCATION: 100 Highway 518, Clancy, MT Jefferson County RECEIVING WATER: Prickly Pear Creek PERMIT NUMBER: MT0000451 This permitting action is the renewal of an existing Montana Pollutant Discharge Elimination System (MPDES) permit for discharge from the Ash Grove Cement Company - Montana City Plant. This renewal is for two outfalls (Outfall 001 & 002). Monitoring for Outfall 002 has reverted to the 'end of pipe' for both Technology-based and Water Quality-based Effluent Limits as this location was determined to be most representative. DEQ has maintained the effluent limits of 50 mg/L Total Suspended Solids (TSS) and pH range of 6.0 - 9.0 SU, and added a nondegradation TSS load limit of 3.0 lb/day for Outfall 001 and 5.2 lb/day for Outfall 002. Upstream monitoring has been added. DEQ included Special Conditions addressing storm water pollution prevention planning and pollutant source reduction. PUBLIC COMMENT Public comments are invited ANYTIME PRIOR TO CLOSE OF BUSINESS SEPTEMBER 26, 2018. Comments may be directed to the DEQ Water Quality Division, Water Protection Bureau, PO Box 200901, Helena, MT 59620. All comments received or postmarked PRIOR TO CLOSE OF BUSINESS SEPTEMBER 26, 2018, will be considered in the formulation of final determinations to be imposed on the permits. If you wish to comment electronically, you may e-mail the Department at DEQWPBPublicComments@mt.gov. During the public comment period provided by the notice, the Department will accept requests for a public hearing. A request for a public hearing must be in writing and must state the nature of the issue proposed to be raised in the hearing (ARM 17.30.1373 and 17.30.1024). The Department will respond to all substantive comments and issue a final decision within sixty days of this notice or as soon as possible thereafter. Additional information may be obtained upon request by calling (406) 444-5546 or by writing to the aforementioned address. The complete administrative record, including permit application and other pertinent information, is maintained at the Water Protection Bureau office in Helena and is available for review during business hours. PUBLIC NOTICE NO. MT-18-18 August 27, 2018 September 2, 2018 MNAXLP __________________________
No. 25640 PUBLIC NOTICE INVITATION TO BID KALISPELL PUBLIC SCHOOLS LINDERMAN EDUCATION CENTER RENOVATION PROJECT Kalispell Public Schools, Flathead County, Kalispell, Montana is requesting Bids for the Linderman Education Center Renovation project expected to take place from the Fall of 2018 until the Winter of 2019. This project consists of some sitework, exterior concrete and masonry repairs, the addition of an elevator, classroom renovations and associated structural work, restroom demolition and replacement, replacement of all flooring and windows, new building hydronic heating system and electrical service replacement. There will be a Pre-Bid Conference at 3:30 PM on Wednesday, September 12, 2018. All bidders are to meet at the front entry (near the gym) of Linderman Education Center, located at 124 3rd Ave E, Kalispell, MT. The Pre-Bid Conference is not mandatory, but all bidders are strongly encouraged to attend. If a bidder does not visit the site at this time, no consideration shall be given to amend the contract due to unforeseen circumstances. All bidding questions should be directed to Shawn Baker at Swank Enterprises, at (406) 752-5411 or email to shawn@swankenterprises.com. The Contract Documents consisting Drawings and Project Manual may be viewed or obtained by either electronic documents on-line, or a hard copy at the office of Swank Enterprises, 750 West Reserve Drive, Kalispell, MT. Complete electronic Project Plans, Project Specifications, and Bid Proposal Packet are available at the following locations: Spokane Regional Plans Center, Montana Contractors Association (Helena), Northwest Montana Plans Exchange, Kalispell, Missoula Builders Exchange. Contact Kalispell Copy Center, Inc if a hard copy is desired (please note that charges will apply). Only firms obtaining documents by these methods will be placed on the Planholders List. Sealed Bids will be received by Gwyn Andersen, Director of Operations & Business Services, 233 First Avenue East, Kalispell, MT 59901, until 2PM (local time), Thursday, September 20, 2018. ONLY BIDS RECEIVED AT THE DISTRICT'S OFFICE WILL BE CONSIDERED. Facsimile Bids will not be considered. Bids will be publicly opened and read aloud on the same day at the same location. All Bids will be taken under advisement with final approval coming from the Board of Trustees of Kalispell Public Schools. All Sealed Bids must be plainly marked, "Linderman Education Center Renovation." All Bids must be submitted on the Bid Form found in the Specifications and signed by an officer or a person duly authorized to sign Bids. All Bids shall be valid for a period of 30 days after the bid date. All Bids must include a Bid Guarantee of ten percent (10%) of the total basic Bid, and shall be submitted with the Bid in the form of lawful moneys of the United States, a cashiers check, certified check, bank draft or Bid Bond payable to the Owner, executed by an acceptable surety. A one-hundred percent (100%) Performance Bond and a separate Labor and Material Payment Bond will be required upon award of the contract. Montana Tax & Wage Rates: A 1% Montana Gross Receipts Construction Tax is applicable to this Project. The Montana State Prevailing Wage Rates are applicable to this Project. Each Contractor will be required to have a certificate of registration from the Employment Relations Division of the Montana Department of Labor and Industry in the proper classification. Kalispell Public Schools reserves the right to reject any or all Bids and Alternates, to waive formalities and to accept the Bid(s) deemed most advantageous to them. Late Bids will not be opened. Shawn Baker Swank Enterprises 750 West Reserve Drive Kalispell, MT 59901 September 2, 9, 16, 2018 MNAXLP __________________________