Legals for January, 25 2024
NO. 30015 Connor C. Walker FRAMPTON PURDY LAW FIRM 530 West 19th Street #301 Whitefish, MT 59937 Telephone: (406) 862-9600 Facsimile: (406) 862-9611 E-mail: connor@framptonpurdy.com Attorneys for Plaintiff MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY NUMERICA CREDIT UNION, Plaintiff, -vs- GERALD RAYMOND OLSON, Defendant. Cause No. DV-23-1193 Judge Dan Wilson SUMMONS THE STATE OF MONTANA sends greetings to the Defendant GERALD RAYMOND OLSON: YOU ARE HEREBY SUMMONED to answer the Complaint in this action, which is filed in the office of the Clerk of this Court, a copy of which is herewith served upon you in the County wherein you reside, and to file your answer and serve a copy thereof upon the Plaintiff’s Attorney, pursuant to Rule 12, M.R.Civ.P., within twenty-one (21) days after the service of this Summons, exclusive of the day of service; and in case of your failure to appear or answer, judgment will be taken against you, by default, for the relief demanded in the Complaint. WITNESS MY HAND AND THE SEAL OF SAID COURT THIS 13Th day of OCTOBER, 2023. Clerk of Court By: /s/Jennifer L. McMullen Deputy Clerk Jan. 18, 25 and Feb. 1, 2024 MNAXLP __________________________
NO. 30028 Public Notice for Operating Assistance This is to notify all interested parties that the Flathead County Public Transportation Mountain Climber is applying for $987,859 under the Montana Department of Transportation’s 5311 Rural Transit Operating Grant Program, and $346,306 from the Montana TransADE Program. Funding will be used for operating expenses associated with providing transportation services to the general public, elderly and persons with disabilities within Flathead County. The application is on file at 1333 Willow Glen Drive, Kalispell, MT 59901. If requested, a public hearing will be held and public notice indicating the location, date and time of the hearing will be provided. For more information or for those who require accommodation for disabilities, call Elizabeth Wood, Flathead County Public Transportation Director, at 406-758-2427, MDT in Helena at 406-444-6200 (voice) or TTY 800-335-7592, or call the Montana Relay at 711. Jan. 25 and Feb. 1, 2024 MNAXLP __________________________
NO. 30029 The Montana Department of Commerce announces the public comment period for the HOME-ARP Allocation Plan Amendment. The HOME-ARP Allocation Plan Amendment – which modifies the original plan to include the preferences and limitations established by eligible projects to be funded through the State of Montana’s HOME-ARP program – is available for public comment from January 26, 2024, to February 12, 2024. For more information and to provide oral comments, the public is invited to attend a virtual public hearing at 1:00 p.m. on Wednesday, January 31, 2024. All documents are available electronically at https://housing.mt.gov/Community-Housing/HOME-ARP-and-ESFG, and as a hardcopy by request. All comments must be submitted to the address or email below no later than 5:00p.m. on February 12, 2024. Montana Department of Commerce Montana Housing Attention: HOME-ARP Allocation Plan 301 S. Park Avenue P.O. Box 200523 Helena, MT 59620-0523 Housing@mt.gov The public hearing will be held on Zoom and presentation materials will be available on Commerce’s website at https://housing mt.gov/Community-Housing/HOME-ARP-and-ESFG prior to the public hearing. The public hearing will provide an overview of applicable requirements and proposed use of funds in the draft HOME-ARP Allocation Plan Amendment. The State of Montana will consider any comments or views provided in writing during the specified comment periods or orally during the public hearing. To participate in the public hearing, please follow the information on Commerce’s website at https://housing.mt.gov/CommunityHousing/HOME-ARP-and-ESFG. The Department of Commerce will make reasonable accommodations for persons with disabilities or persons with limited English proficiency who wish to participate in this process and need an alternative accessible format of the presentation materials or translation materials. If you require an accommodation, please contact the Department of Commerce at Housing@mt.gov no later than 5:00 p.m. on January 29, 2024. El Departamento de Comercio hará adaptaciones razonables para las personas con discapacidades o personas con domino limitado del inglés que deseen participar en este proceso y necesiten un formato accessible alternativo de materiales de presentación o servicios de traducción. Si necesita una adaptación, communíques con El Departamento de Comercio en Housing@mt.gov antes de las 5:00 p.m. del 29 de enero de 2024. Have questions? Email Housing@mt.gov Jan. 25, 2024 MNAXLP __________________________
NO. 30030 Makenzi Mansfield Montana Elder Law, Inc. 2687 Palmer Street, Ste. D Missoula, MT 59808 Phone: (406) 549-0306 Fax: (406) 206-2305 makenzi@mtelderlaw.com Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF JOSEPH GALE FEDOR, DECEASED Cause No. DP-24-008 Dept. No. Robert B. Allison NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the decedent are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to Bridgett Fedor, Personal Representative, return receipt requested, at 2687 Palmer Street, Ste. D, Missoula, MT 59808, or filed with the Clerk of the above Court. I declare under penalty of perjury under the laws of the State of Montana that the foregoing is true and correct. DATED: January 10, 2024 Bridgett Fedor - Personal Representative MONTANA ELDER LAW, INC. Makenzi Mansfield Attorney for Personal Representative Jan. 25 and Feb. 1, 8, 2024 MNAXLP __________________________
NO. 30034 Green Acres Cooperative Wastewater Improvement Project Request for Qualifications for Engineering and/or Grant & Loan Administration Services Issue Date: January 24 2024 Reply Due Date: February 21, 2024 Introduction: Green Acres Cooperative on the behalf of the City of Kalispell (City) is requesting qualifications for engineering and/or grant and loan administration services for the Green Acres Cooperative wastewater improvement project in accordance with MCA 18-8-204. Respondents may propose providing either engineering or grant/loan administration services, or both together. The project is located in Kalispell, Montana just east of US Highway 93 South at 1721 South Woodland Drive. The City has been awarded a Community Development Block Grant (CDBG) program funding grant through HUD. In addition, the City may get a loan through the State Revolving Fund (SRF) and or any other state or federal funding, if necessary. The project is intended to connect the Green Acres Cooperative to the City of Kalispell’s public sewer systems. Location & Site Status: The project is situated within the City of Kalispell at 1721 South Woodland Drive. The 4.34-acre Green Acres Cooperative property is recorded with Flathead County as Lot 21 of the Amended Plat of Lots 21 and 22, Block 1, Greenacres, in Section 20, Township 28 North, Range 21 West, Flathead County, Montana. The subject property is also identified with Tax Assessor #0809800. The property is within the sewer and water service areas of the 2018 City of Kalispell Water Facility Plan Update and the 2019 City of Kalispell Wastewater Facility Plan Update. The Green Acres Cooperative is a small, affordable-housing mobile home community that is at least 50 years old, with 32 manufactured homes. In 2010, the residents, with assistance from NeighborWorks Montana, formed a cooperative and collectively purchased the property. With the purchase, the cooperative acquired the failing private wastewater systems that serve the community. A Preliminary Engineering Report (PER) was prepared in 2023 to identify preferred alternatives for wastewater improvements and a project budget. The wastewater project will extend a city sewer main from the existing main in South Woodland Drive through the community along the main access drive aisle. Gravity mains will extend from this central sewer main throughout the property and sewer services will be connected to each home. The existing septic tanks will either be pumped and removed or abandoned in place with flowable fill. To support the cost of these improvements, the City of Kalispell applied for and was awarded funds from the CDBG program, and may obtain other State or Federal grant sources and/or SRF funding if necessary to complete the project. The selected consultant must be familiar with these funding programs and their requirements, as well as their associated agencies. If an SRF loan is necessary Copies of the property conditions report, PER, and CDBG applications are available upon request. Scope of Services – Engineering: The selected engineering consultant’s scope of services will generally include: • Complete final designs for water and wastewater systems, including project specifications, bid package, draft contract, addenda (if necessary), and bid forms. • Conduct construction procurement per CDBG and SRF regulations and requirements, including but not limited to an open bid, bid advertisement, pre-bid meeting and site walkthrough (if necessary), bid opening, and review and summary of bids, assistance with contractor selection, conducting the pre-construction conference, and issuance of the final contract. • Ensure compliance with procurement requirements related to Minority Business Enterprise, Disadvantaged Business Enterprises, Davis-Bacon Labor Standards, and state prevailing wages per funding requirements. • Provide construction administration services, including but not limited to site visits and correspondence required by the Authority Having Jurisdiction (AHJ), along with processing of RFIs, review of submittals, review and recommendation of change orders, review and approval of contractor’s pay applications, site field reports, etc. • Complete on-site observation of construction work and prepare reports. • Coordinate permitting with AHJ and MDEQ, as necessary. • Monitor construction activities to ensure work is being completed in accordance with the project specifications. • Ensure compliance with CDBG and SRF regulations and requirements. • Act as liaison throughout the project with the MDEQ and other regulatory agencies. • Conduct final inspection and testing. • Prepare final completion reports for MDEQ and funding agencies. • Provide reproducible plan drawings to the City of Kalispell and appropriate agencies upon project completion. • Prepare operation and maintenance manuals. Scope of Services – Grant/SRF Loan/SID Administration: The selected grant/loan administration consultant’s scope of services will generally include the following items for multiple funding sources: • Preparing management plans and start-up documentation • Maintaining project files • Reviewing proposed project expenditures • Preparing progress reports and reimbursement requests • Preparing closeout documentation • Assisting with the audit process • Serving as primary liaison between the City of Kalispell and the funding agencies • Completing other tasks generally associated with the administration of public infrastructure grants and loans • Provided an SRF Loan is necessary, support the development and management of a State Revolving Loan. • Provided an SRF Loan is necessary, support the development and administration of Green Acres Special Improvement District (SID). Schedule: • February 2024: City to provide response to funding agencies with engineer and grant/loan administrator selections and proposed timeline. • November 1, 2025: Completion of construction • January 1, 2026: Project final inspection, funding closeout Deliverables Schedule: Engineering respondents should provide a proposed schedule for the following deliverables: • Final design and specifications • Bid package, including construction contract (draft for review) • Bid advertisement • Construction contractor selection • Completion of construction • Completion of project closeout, including all necessary MDEQ communication Statements of Qualifications should Include: 1. The firm’s legal name, address, and telephone number 2. Which services you are proposing on – engineering, grant/loan administration, or both 3. The principal(s) of the firm and their experience and qualifications 4. The experience and qualifications of the staff to be assigned to project 5. A description of the firm’s prior experience, including any similar projects (particularly those funded by CDBG and SRF), size of community, location, total construction cost, and name of a local official knowledgeable regarding the firm’s performance 6. Discussion of the firm’s ability to meet time and budget requirements as well as present and projected workloads 7. Ability to meet milestone dates and timeline of deliverables 8. Contact information for at least three professional references 9. The proposed work plan and schedule for activities to be proposed 10. Disadvantaged Business Enterprises are encouraged to respond Respondents will be evaluated according to the following factors: A. Overall quality of the response (5%) B. Qualifications of the professional personnel to be assigned to the project, including reference checks (30%) C. The consultant’s capability to meet time and project budget requirements, including present and projected workloads (20%) D. Location (5%) E. Related experience on similar projects, including but not limited to knowledge and experience with planning, oversight, and projects funded by federal or state grant funds, preference for experience with CDBG and SRF. (30%) F. Recent and current work for the entity issuing the RFP (10%) Contact Information: PLEASE DIRECT ALL QUESTIONS TO: Danielle Maiden, Cooperative Housing Director NeighborWorks Montana PO Box 1025 Great Falls, MT 59403 Ph: 406.407.6444 dmaiden@nwmt.org PLEASE SEND WRITTEN RESPONSES BY EMAIL OR MAIL TO: Attn: Green Acres Cooperative Sewer Improvements Danielle Maiden, dmaiden@nwmt.org Or PO Box 1025, Great Falls, MT 59403 RESPONSE DUE DATE: February 21, 2024 Respondents should clearly label as “CONFIDENTIAL” any materials which they deem to contain proprietary information. NeighborWorks Montana agrees to treat these materials as confidential but will not return them at the completion of the selection process. A selection committee comprised of City of Kalispell, NeighborWorks Montana, and Green Acres Cooperative members will review all responses, check references, and choose the most qualified respondent Review of submitted qualifications will be completed by March 1, 2024. A contract will be negotiated based on demonstrated qualifications and fair and reasonable prices. This solicitation is being offered in accordance with federal and state statutes governing procurement of professional services. Accordingly, NeighborWorks reserves the right to negotiate an agreement based on fair and reasonable compensation for the scope of work and services proposed, as well as the right to reject any and all responses deemed unqualified, unsatisfactory or inappropriate. Green Acres Cooperative. is an equal opportunity employer. Women and minority businesses are encouraged to apply. Green Acres Cooperative makes reasonable accommodation for any known disability that may interfere with an applicant’s ability to compete in the recruitment and selection process or the consultant’s ability to perform the essential duties of the job. For the City to make such accommodation, the applicant must make known any needed accommodation. Persons using a TDD may call the Montana Relay Service: 711. Jan. 25, 2024 MNAXLP __________________________
NO. 30037 DEPARTMENT OF PUBLIC SERVICE REGULATION BEFORE THE PUBLIC SERVICE COMMISSION OF THE STATE OF MONTANA In re NorthWestern Energy’s Petition for Rulemaking to Amend Mont. Admin. R. 38.5.1909 Docket 2024.01.011 January 23, 2024 Notice and Opportunity for Comment 1. On January 4, 2024, the Montana Public Service Commission (“Commission”) received a petition from NorthWestern Energy (“NorthWestern”) asking the Commission to initiate a rulemaking proceeding to address how an existing qualifying facility (“QF”) creates a legally enforceable obligation (“LEO”) under the Public Utility Regulatory Policies Act of 1978 (“PURPA”). 2. PURPA defines the relationship between utilities and QFs. 16 U.S.C § 824a-3. Under PURPA, utilities must purchase energy and capacity from a QF at a rate not exceeding the utility’s avoided cost. Mont. Admin. Rs. 38.5.1903(2), .1905(2); 18 C.F.R. § 292.304. For purchases subject to an LEO, the avoided cost of capacity is calculated at the time the LEO is formed. Mont. Admin. R. 38.5.1905(2)(b). To create an LEO, the Commission requires that a QF demonstrate a financial commitment and commercial viability. Mont. Admin. R. 38.5.1909(1); accord 18 C.F.R. § 292.304(d)(3). 3. In its petition for rulemaking (“Petition”), NorthWestern asserts neither federal regulations nor Commission rules concerning the formation of an LEO set standards to establish an LEO for a resource that is already constructed. NorthWestern requests the Commission amend Mont. Admin. R. 38.5.1909 to include standards for an existing resource to establish an LEO. 4. Within 60 days of the filing of the Petition, the Commission must either deny the Petition in writing or initiate rulemaking proceedings in accordance with Mont. Code Ann. §§ 2-4-302 through -305. Mont. Code Ann. § 2-4-315. 5. A copy of the Petition is publicly available at the Commission’s business office, 1701 Prospect Avenue, PO Box 202601, Helena, MT, and online at the Commission’s website (http://psc.mt.gov) under Docket No. 2024.01.011. A copy of the Petition may also be available at the office of the Montana Consumer Counsel, which represents consumer interests before the Commission, 111 North Last Chance Gulch, Suite 1B, Helena, MT 59601, (406) 444-2771. Interested parties can register on the Commission’s website to receive notice of filings in this docket. Instructions for subscribing to notices of filings are available at psc.mt.gov/reddi-help. 6. The Commission invites any interested party to file comments no later than February 13, 2024. Written public comments on this matter may be submitted to the Commission at 1701 Prospect Ave., PO Box 202601, Helena, MT 59620, or by email to pschelp@mt.gov. Public comments may also be submitted online in REDDI. Instructions for submitting public comments in REDDI are available at psc.mt.gov/reddi-help. 7. The Commission’s jurisdiction over this matter is provided in Title 69 and Title 2, Chapter 4 of the Montana Code Annotated; Title 38, Chapters 2 and 5 of the Montana Administrative Rules; and any prior order of the Commission relevant to the issues presented. DONE and DATED January 23, 2024 by the Montana Public Service Commission, through delegation to staff. JAMES BROWN, President JENNIFER FIELDER, Vice President TONY O’DONNELL, Commissioner RANDALL PINOCCI, Commissioner DR. ANNIE BUKACEK, Commissioner Jan. 25, 2024 MNAXLP __________________________