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Legals for June, 16 2021

| June 16, 2021 12:00 AM

No. 27873 RESOLUTION DISPOSITION OF ABANDONED, OBSOLETE AND UNDESIRABLE PROPERTY At a regular meeting of the Board of Trustees of Creston School District #9, Flathead County, Montana, held 10 June 2021, at 7:00 a.m. at Creston School, the following resolution was approved: Be it resolved that the Board of Trustees of Creston School District #9, Flathead County, Montana, will sell or dispose of obsolete equipment and property because they have become undesirable, or unsuitable for school purposes of the district. A list of said property to be sold or disposed of is available at the District Clerk's Office, 4495 Montana 35, Kalispell MT 59901. A taxpayer may appeal this resolution of the Trustees during the two-week period following this publication. Matt Hartle, Board Chair Tammy Bartos, District Clerk June 16, 2021 MNAXLP _________________________

No. 27878 REQUEST FOR PROPOSALS 12th Avenue West Roadway and Utilities Improvements Project CITY OF COLUMBIA FALLS, MONTANA EDA Project No. 05-01-06105 The City of Columbia Falls ("City") is soliciting Proposals from qualified consultants for professional engineering services on the 12th Avenue West Roadway and Utilities Improvements Project. I. INSTRUCTIONS TO APPLICANTS / SUBMISSION PROCEDURES Respondents are required to submit their response to this Request for Proposals no later than 2:00 p.m. on Monday, July 19, 2021. Mail or hand deliver proposals to: City of Columbia Falls City Clerk 130 6th Street West Columbia Falls, Montana 59912 Respondents shall submit three (3) hard copies and one electronic copy in PDF format on a flash drive of their response to this Request for Proposals (hereafter "RFP"). Responses to this RFP are to be delivered in a sealed envelope clearly labeled: "Response to Request for Proposals 12th Avenue West Roadway and Utilities Improvements" The responding firm with address and contact information shall be clearly displayed on the sealed envelope. All questions concerning this request or the scope of work should be directed to Chris Hanley, Public Works Director, (406) 892-4430 or email: hanleyc@cityofcolumbiafalls.com. Respondents are encouraged to attend a non-mandatory pre-proposal meeting at 2:00 PM on Tuesday, July 6, 2021 at City Hall Public Works Department, 130 6th St. West, Columbia Falls. II. PROJECT DESCRIPTION and SCOPE OF WORK The 12th Avenue West Roadway and Utilities Improvements Project is a capital infrastructure improvement and expansion project. This project will be partially funded with Federal funds from the United States Department of Commerce, Economic Development Administration, (EDA) and therefore is subject to the Federal laws and regulations associated with that program. The project will reconstruct an existing local street to accommodate increased motorized and non-motorized traffic resulting from ongoing and anticipated commercial and industrial development in the area. The EDA funded project includes roadway subgrade and pavement reconstruction, sidewalk, curb and gutter with storm water inlets, and expanded water and sewer infrastructure. A Burlington Northern Santa Fe Railroad, (BNSF) rail line is within the project area, a water main crossing and an at-grade pedestrian crossing of the BNSF right of way will be required. The non-EDA funded project work includes street lighting infrastructure and water and sewer service lines. Preliminary engineering and concept development have been performed by the City of Columbia Falls. A Preliminary Engineering Report developed by the City to facilitate the EDA Grant Application can be found in Appendix A for the EDA funded work. Key project tasks include: Preliminary site investigations as required to support design, permitting and grant administration in accordance with EDA, Montana Department of Environmental Quality, (DEQ) and other applicable standards and regulations and in compliance with city standards and preferences. Investigations include topographical and right of way survey, geotechnical assessment, existing utilities assessment, coordination with Flathead Electric for lighting improvements. Reports and/or technical memorandum shall be developed and submitted to the City as appropriate. Permitting including DEQ Plan review and approval for water main and sewer main extensions, and BNSF pipeline license and approvals as required for subgrade water main crossing and at grade pedestrian crossing; others as required. Bid documents will contain appropriate language to require compliance with the Montana DEQ Construction Storm Water Discharge General Permit and state law regarding construction storm water discharges and permitting. Agency coordination assistance. The City will be the grant administrator. Consultant will aid the City in coordinating EDA funding requirements throughout the entirety of the project. Invoices and documentation shall be appropriately developed. Consultant shall participate in review meetings with EDA personnel as required. The project is funded through an EDA grant in addition to local and other non-restrictive funds. Design. Consultants should anticipate a minimum of two design review submittals followed by bid ready construction documents. Unless otherwise negotiated, submittals will be as follows. 35% including plans, anticipated design and construction schedules (EDA funded and Non-EDA funded) and detailed construction cost estimate. 90% including plans, specifications anticipated design and construction schedules (EDA funded and Non-EDA funded) and detailed construction cost estimate. Bid ready documents including plans, specifications and detailed construction cost estimate. Bid ready documents shall be submitted to EDA for review and approval. Consultant shall participate in an EDA review conference and revise bid ready documents as required to address any comments or stipulations required by EDA prior to finalizing bid ready documents. Bid phase assistance, including attending the pre-bid meeting and keeping minutes, addenda preparation and delivery, and responding to bidder questions as needed. Conformed Documents shall be prepared for construction. Documentation and coordination as necessary for EDA approval of construction contract. Construction phase assistance including construction administration and inspections. Consultant should anticipate providing onsite inspections by a qualified engineer during construction. Documentation and coordination in accordance with EDA grant requirements. Reporting. Consultant shall submit a report not less frequently than quarterly covering the general progress of the job and describing any problems or factors contributing to delay. Documentation and coordination in accordance with EDA grant requirements Additional tasks may be added to the work during negotiations or by contract amendment. III. PROJECT DELIVERABLES Project deliverables will include: Preliminary reports and/or technical memorandum as required. Permits/ agency authorizations. Submittals, documentation and coordination in accordance with EDA grant requirements and in support of Grant Administration. Design submittals and bid documents as listed above. Construction phase documentation including logs and inspection reports. Additional deliverables as may be required. IV. PROJECT SCHEDULE EDA approved Bid ready documents, shall be delivered to the City no later than January 14, 2022. V. PROPOSAL CONTENTS The proposal must contain the information listed in this section. The proposal is limited to fifteen (15) pages, not including Appendices, Cover Page, Table of Contents and Dividers. Each page is defined as one side of a letter size sheet (no larger than 8 1/2 " x 11"), minimum font size of 10.5, single spaced. Evaluation of information will begin with the first page immediately following the cover page, and every page will be counted, in order, from that point forward. Please format your proposal in an organized fashion addressing the information below. Responses shall include the following sections in order: Organization and Qualifications of Firm: Include Firm's legal name, address, and telephone number. Provide a discussion of how your firm is best qualified to respond to the requirements of this project. Discussion should focus on the requirements for this specific project, particularly: Identify the consultant team proposed for this project and demonstrate ability to perform the desired services within the established schedule. Your firm's expertise and experience, as it relates to the work. Provide examples of previous related project experience. Subconsultants/ support services that you anticipate utilizing and describe their expertise. Quality assurance/quality control procedures. Firm's Representation: Discuss the experience and qualifications of the key staff to be assigned to project and their availability during the project time period. Identify the project manager and the principal in charge of the project and their qualifications. The project manager should be the proposed point of contact for the city and manager of day to day operations of the project. Describe anticipated work activities for key personnel within the term of the project and how these would be coordinated. Include relevant licenses issued by the State of Montana. Provide hourly rates for all key personnel. Resumes may be provided for key personnel by appendix. Limit resumes to one page. Proposed Method to Accomplish the Work: Proposal shall demonstrate an understanding of the requested scope of services. Proposal shall show interest and insight into the details of the Project. Demonstrate ability, strategy and approach to meet project/contract requirements. Propose a schedule with relevant milestones; demonstrate ability and strategy to meet schedule. Experience with Similar Projects: Provide a description of the firm's prior experience, including a minimum of three similar projects, experience with federally funded projects as well as experience working within railroad right of way should be discussed. Discuss size of community, location, and estimated and final construction costs. Provide a reference for the projects, including name and contact number. Reference should be a local official knowledgeable regarding the firm's performance. Acknowledge all Addenda. Proposers must submit with their proposal U.S. Department of Commerce Form CD-512 Certification Regarding Lobbying Lower Tier Covered Transactions found in Appendix B. VI. PROPOSAL EVALUATION Respondents' Proposals will be evaluated according to the following listed criteria (see 18-8-204(2), MCA) and weight of each factor: Qualifications of firm(s) - 150 Points Qualifications of proposed personnel - 200 Points Capability to meet time (include present and projected workloads) and budget requirements - 100 Points Proposed method to accomplish the work - 225 Points Related experience on similar projects - 200 Points Location, proximity to the City of Columbia Falls - 75 Points Quality of proposal/Conformance to proposal requirements - 50 Points All Proposals will be evaluated using the following basic scoring methodology: Outstanding/Exceptional response: 90-100% of the available points Good response: 70-90% of the available points Average response: 50-70% of the available points Poor response: 30-50% of the available points Qualifications not clearly met: 0-30% of the available points The City of Columbia Falls reserves the right to narrow the list of responding firms to an appropriate short list. Short-listed firms may be asked to provide a supplemental proposal, interview, or presentation. Scores from the proposals, supplement project proposals (if used), and interviews (if used) will be tabulated to make final selection. VII. COST AND AWARD PROCEDURE The City of Columbia Falls utilizes a "qualifications based" selection process to select the most qualified firm and negotiate a contract with the firm determined to be the most qualified at a price which is determined to be fair and reasonable. Costs will not be discussed until the top ranked respondent has been selected for contract negotiations. The provisions of 18-8-205(1) and (2), MCA, will be applied to the contract negotiations. The City will enter negotiations with the Consultant deemed most qualified as determined through the proposal scoring evaluation procedures described in Article VI. Should a suitable Contract agreement not be reached with the highest rated consultant, the City will enter negotiations with the second highest rated consultant and so forth until an agreement is reached with a qualified firm. The City of Columbia Falls reserves the right to accept or reject any and all qualification statements, or parts of statements; waive technicalities; and to make its decision on the basis of merit, appropriateness, and any other factor. Unless all statements are rejected or the solicitation is canceled, a contract will be awarded to the firm whose qualifications best meet the requirements and criteria set forth in this solicitation with whom a Contract agreement can be reached. By submitting a proposal the Consultant warrants that the firm, nor any of the proposed sub-consultants are on the federal System for Award Management Excluded Parties List. RFP Appendices: City of Columbia Falls,12th Avenue West Roadway and Utilities Improvements Project Preliminary Engineering Report, Rev. 2, February 2021 U.S. Department Of Commerce Form CD-512 Certification Regarding Lobbying Lower Tier Covered Transactions. June 16, 20, 23, 27, 2021 MNAXLP _________________________

No. 27877 Howard Toole, Esq. PO Box 8774 Missoula, Montana 59807 Ph: (406) 728-4682 howardtoolelaw@yahoo.com Attorney for Applicant Howard Toole MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF JOHN M. CROWLEY, Deceased. PROBATE NO. DP-21-0829A Hon. Amy Eddy, District Judge NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Howard Toole has been appointed Personal Representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of the notice or said claims will be forever barred. Claims may be mailed to Howard Toole, the attorney for the Personal |Representative, return receipt requested, at the address of PO Box 8774, Missoula, Montana 59807, or filed with the Clerk of the above-entitled Court. DATED this 11th day of June, 2021. HOWARD TOOLE LAW OFFICES PO Box 8774 Missoula, MT 59807 By: /s/Howard Toole Howard Toole Attorney for Personal Representative June 16, 23, 30, 2021 MNAXLP __________________________

No. 27875 Public Notice Environmental Assessment and Bureau of Indian Affairs Finding of No Significant Impact for the Flathead Lake Flowering Rush Controls Project. Interested parties are hereby notified that Salish Kootenai College in cooperation with the Confederated Salish and Kootenai Tribes and the Bureau of Indian Affairs (BIA) has prepared an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) for the Flathead Lake Flowering Rush Controls Project. These actions are referred to as the Proposed Action: To apply aquatic herbicides during low-pool conditions for the suppression and eradication of flowering rush growing on the bed of Flathead Lake within the boundaries of the Flathead Reservation. The EA has been prepared in compliance with the National Environmental Policy Act. The purpose of the EA and FONSI is the assess the effects on the human and natural environment associated with the Proposed Action. The EA evaluated two alternatives: No Action Alternative and the Proposed Action Alternative. The FONSI is the Bureau of Indian Affairs finding that the proposed Action will not have significant effect on the human and natural environment associated with the herbicide applications to control flowering rush. The FONSI and Final EA are available for a 30-day informational public review at the following location. Salish Kootenai College Extension Office Salish Kootenai College Campus 35821 Activity Way Pablo, MT 59855 Contact Virgil Dupuis, SKC Extension Director, 406 275-4899 or virgil_dupuis@skc.edu June 16, 2021 MNAXLP _________________________

No. 27863 PUBLIC NOTICE The Flathead County Board of Commissioners approved payroll and claims for payment in the amount of $6,460,937.55 for the period beginning May 1, 2021 and ending May 31, 2021. The full and complete claim list is available for public view in the Finance Office, Flathead County Courthouse, 800 S Main, Room 214, Kalispell, Montana or online at https://flathead.mt.gov/finance/downloads.php. Individual requests for personal copies will be accepted by the Finance Office. Dated this 7th day of June, 2021. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Randy L. Brodehl Randy L. Brodehl, Chairman By: /s/ Debbie Pierson Debbie Pierson, Clerk & Recorder June 16, 2021 MNAXLP __________________________

No. 27879 McStryker Timber Sale: The Montana Department of Natural Resources and Conservation (DNRC), Stillwater Unit is proposing to harvest 6-8 million board feet (MMbf) from within a 5,850-acre project area approximately 5 miles north of Olney, Montana, in the Stillwater State Forest, in Flathead County. The proposed project would generate revenue for the Common Schools, MSU 2nd Grant, Public Buildings, and State Industrial School trusts. The Montana DNRC invites written comments and suggestions concerning this proposal by July 13, 2021 to MT DNRC Stillwater Unit, PO Box 164, Olney, MT 59927, 406-881-2675 or pevans@mt.gov. June 16, 2021 MNAXLP __________________________

No. 27864 PUBLIC NOTICE The minutes of the proceedings for the Flathead County Board of Commissioners for the period beginning May 1, 2021 and ending May 31, 2021 are available for public review and are published online at https://flathead.mt.gov/commissioner/current_minutes.php. Individual requests for personal copies will be accepted by the Clerk to the Board, Flathead County Courthouse, 800 S Main, Room 302, Kalispell, Montana. Dated this 7th day of June 2021. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Randy L. Brodehl Randy L. Brodehl, Chairman By: /s/ Debbie Pierson Debbie Pierson, Clerk & Recorder June 16, 2021 MNAXLP _________________________

No. 27853 NOTICE OF SALE FOR STATE SCHOOL TRUST LAND The Dept. of Natural Resources and Conservation (DNRC) will offer the following parcel of state land located in Flathead County for sale at public auction on Wednesday, July 21, 2021 at 1:00 PM at the DNRC Northwestern Land Office at 655 Timberwolf Parkway, Suite 1 in Kalispell, Montana under terms and conditions provided herein. Sale No. 1107 Acres: 1.46 Legal Description: Lot 30, Echo Lake, COS 18885, Sec. 5, T27N-R19W Minimum Bid for Land: $387,000.00 Value of Improvements on Property: $138,000.00 Location: 1720 LaBrant Road, Bigfork, MT 59911 BID PARTICIPATION A bid packet containing an Offer to Purchase and Bid Deposit Receipt Form and Invitation to Purchase State Land at Public Oral Auction and General Terms & Conditions for Sale is available on DNRC's website, http://dnrc.mt.gov/cabinsitesales or from DNRC upon request. For Open House dates, go to http://dnrc.mt.gov/cabinsitesales. All persons wishing to participate in the auction must submit a bid deposit postmarked on or before 5:00 PM on Thursday, July 1, 2021. The bid deposit must be in the form of a certified check made payable to DNRC equal to five percent (5%) of the minimum bid indicated for that parcel and submitted with a completed Offer to Purchase and Bid Deposit Receipt Form. Failure to submit the bid deposit or Offer to Purchase and Bid Deposit Receipt Form as provided herein will prohibit participation in the auction. All Offer to Purchase and Bid Deposit Receipt Forms and payments must be sent to: DNRC, Attn: Seth Goodwin, PO Box 201601, 1539 Eleventh Avenue, Helena, MT 59620-1601, (406) 444-4289 or seth.goodwin2@mt.gov. TERMS OF SALE for SALE No. 1107: 1. The improvements and any other personal property on the cabin/home sites are owned by the lessee or other 3rd party. The successful bidder shall be required to pay the appraised value of the improvements in addition to the purchase price of the cabin/home site determined by the highest bid at the auction in accordance with MCA §77-2-318. 2. The minimum acceptable bids for the land are the values indicated above. 3. The parcel will be sold to the high bidder of that parcel. However, the current lessee of the parcel shall retain the option to exercise their preference right for purchase by matching the high bid for that parcel. If that right is exercised, the lessee will be deemed the purchaser of the parcel. If the preference right is not exercised, the high bidder shall be deemed to be the purchaser. The high bidder will be responsible to pay the lessee for the value of improvements located on the property. 4. In addition to the purchase price for each parcel and the purchase of the improvement, the purchaser shall also be responsible for the following costs (if applicable to that particular sale) including, but not limited to: Advertising, Appraisal, Filing Fees, Water Right Transfers, Cost of Closing. DNRC will follow all state recommendations to conduct public auctions safely for staff, participants, and public attendees. Registered bidders will be notified of any updates to the auction location and measures available to accommodate social distancing. For information on how to attend as a member of the public or for additional questions, call (406) 444-4289 or email seth.goodwin2@mt.gov. All inquiries, bid deposits, or requests for forms must be sent to: DNRC, Attn: Seth Goodwin, PO Box 201601, 1539 Eleventh Avenue, Helena, MT 59620-1601, (406) 444-4289 or seth.goodwin2@mt.gov. June 9, 16, 23, 30, 2021 MNAXLP __________________________