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Legals for April, 6 2021

| April 6, 2021 12:00 AM

SECTION 00100 INVITATION TO BID Separate sealed bids for construction of Libby 2020 Water Distribution System Improvements will be received by the City of Libby at 952 East Spruce Street, Libby, Montana 59932, until 2:00 p.m. local time on April 15, 2021, and then publicly opened and read aloud. The project consists of: Replacement of select water mains and services by traditional trench excavation, as well as trenchless methods including, jack and bore, directional drilling, and pipe bursting. Also included is select water meter and meter pit installations. The contract documents consisting of half-sized Drawings and Project Manual may be obtained at the office of TD&H Engineering, 450 Corporate Drive, Suite #101, Kalispell, Montana in accordance with Article 2.01 of Instructions To Bidders. Required deposit is $100.00 per set, which is not refundable. The Bid Submittal must include the purchased Project Manual in its entirety. In addition, the Drawings and Project Manual may be examined at the following location(s): City of Libby, 952 East Spruce Street, Libby, MT 59923 Flathead Valley Plans Exchange, 2303 Hwy 2 East, Kalispell, MT There will be a Pre-Bid Conference at the City of Libby City Hall, 952 East Spruce Street, Libby, Montana, at 10:00 a.m. local time on April 12, 2021. Interested CONTRACTORS are encouraged to attend. CONTRACTORS and any of the CONTRACTORS' subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project but must have registered prior to execution of the Construction Agreement. The CONTRACTOR must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Federal Prevailing Wages apply to this contract. The CONTRACTOR(s) and all subcontractors shall pay employees involved in the performance of the construction work according to the Laws of the United States and the State of Montana in accordance with the schedule of Davis-Bacon prevailing wage rates established by the United States Department of Labor and/or the schedule of Montana Prevailing Wage Rates established by the Montana Department of Labor and Industry included in the Project Manual. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Libby, in an amount not less than ten percent (10%) of the total amount of the bid. 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. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of the Bids specified above. 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 OWNER. This project is funded in part or in whole with grant/loan funding from Montana Department of Commerce Treasure State Endowment Program; Montana Department of Commerce Community Development Block Grant; and Department of Natural Resources Renewable Resources Grant and Loan Program. Award of the project will be contingent upon receiving funding and award concurrence from Montana Department of Commerce Treasure State Endowment Program; Montana Department of Commerce Community Development Block Grant; and Department of Natural Resources Renewable Resources Grant and Loan Program. BIDDER'S attention is directed to Specification Section 00900 - FUNDING AGENCY SPECIAL PROVISIONS FOR MONTANA PUBLIC WORKS PROJECTS section of these Contract Documents. Successful BIDDERS shall be required to comply with all applicable articles therein. The Contractor is required to be an Equal Opportunity Employer. Authorized By: /s/ Brent Treske City Mayor Published In The Western News April 6 & 13, 2021. MNAXLP

Public Notice Envirocon/Dick Anderson Construction Joint Venture, 5512 Montana Highway 37, intends to temporarily lease and change water rights from the Kootenai River, Rainy Creek, and/or Carney Creek located near Libby, Montana pursuant to MCA ยง 85-2-402. The Lessor and owner of the water rights is the Kootenai Development Co., 7500 Grace Drive, Columbia, Maryland 21044. The Montana DNRC water right numbers for the temporarily changed water rights are 76D 303-00, 76D 304-00, 76D 305-00, 76D 310-00, and 76D 30023375. The purpose of the lease is for road construction and dust abatement. The source of water to be used under the temporary change is the Kootenai River, Rainy Creek, and/or Carney Creek. The diversion of water is proposed to start on May 7, 2021 and end on August 5, 2021. Under the temporary change: The proposed point of diversion for water rights 76D-30023375 and 76D-304-00 is the NE1/4, SW1/4, NE1/4 of Section 32 in Township 31 North, Range 30 West Lincoln County on the Kootenai River; the proposed point of diversion for water rights 76D 303-00, 76D 305-00, and 76D 310-00 will be the NW1/4 NE1/4 SE1/4 of Section 21, Township 31 North, Range 30 West Lincoln County, at the Mill Pond located at the confluence of Carney Creek and Rainy Creek; the proposed place of use is in sections 15, 16, 21, 22, 28 and 32 all in Township 31 North, Range 30 West Lincoln County. The maximum flow rate and volume for all water rights will not be exceeded, and the cumulative diversion and use of any rights will not exceed 120,000 gallons per day. The industrial water used under water rights 76D 303-00, 76D 304-00, 76D 305-00, 76D 310-00 will be temporarily curtailed during the term of this lease. The water right is not abandoned and the point of diversion and means of diversion are still functional. The 14.2 acres of irrigation use under water right 76D-30023375 will also be temporarily curtailed during the term of this lease. Analysis of flow records provided by the USGS at stream gauging station 12301933for the Kootenai River below Libby Dam near Libby Montana show that the minimum flow rate for the Kootenai River is 3,000 cfs (https://waterdata.usgs.gov/mt/nwis/uv?site_no=12301933). Withdrawing 120,000 gallons of water per day is approximately 0.0062% of the daily minimum flow of the Kootenai River which can be considered de minimis. The proposed point of diversion is not moving upstream or downstream of any other existing water user on the Kootenai River. There are no other water rights on Rainy Creek or Carney Creek, that could be adversely effected by the lease. Use of any water rights will continue to operate in priority, and within the historic appropriation. Accordingly, it does not appear that the water use will cause adverse effect to any other water users. If any water users are adversely effected, diversions will be immediately curtailed until the adverse effects subside. Questions, comments or concerns can be communicated to the Lessor representative Hafferman Engineering Inc. at kurt@haffermanengineering.com Published In The Western News April 6, 2021. MNAXLP

C. Mark Hash Hash, O'Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W. P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com Attorneys for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY In The Matter of The Estate of BRUCE H. KESSEL, Deceased Cause No. DP-21-33 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 said deceased 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 be either mailed to Melissa M. Williams, Personal Representative by certified mail, return receipt requested, c/o Hash, O'Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED: March 15, 2021. s/ Melissa M. Williams Personal Representative Personal Representative's Attorneys: Hash, O'Brien, Biby & Murray, PLLP By s/ C Mark Hash Published In The Western News March 23, 30, and April 6, 2021

C. Mark Hash Hash, O'Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W. P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com Attorneys for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN RE THE ESTATE OF JAMES L. JONES Deceased Cause No. DP-21-32 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representa-tive 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 this notice or said claims will be forever barred. Claims must be either mailed to Timothy M. Jones, the Personal Representative, by certified mail, return receipt requested, c/o Hash, O'Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED March 15, 2021 s/ Timothy M. Jones Personal Representative Hash, O'Brien, Biby & Murray, PLLP By s/ C Mark Hash Published In The Western News March 23, 30 & April 6, 2021. MNAXLP

C. Mark Hash Hash, O'Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W. P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com Attorneys for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY In The Matter of The Estate of LYDIA L. SWITZER, Deceased Cause No. DP-21-28 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 said deceased 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 be either mailed to Anna Marie Ruddell, Personal Representative by certified mail, return receipt requested, c/o Hash, O'Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED March 5, 2021. s/ Anna Marie Ruddell Personal Representative Personal Representative's Attorneys: Hash, O'Brien, Biby & Murray, PLLP By s/ C Mark Hash Published In The Western News March 23, 30 & April 6, 2021. MNAXLP

NOTICE OF TRUSTEE ELECTION CANCELLATION WHEREAS, the number of candidates filing a Declaration of Intent and Oath of Candidacy for the open positions on the Libby Board of Trustees, School District #4, Lincoln County, State of Montana is equal to or less than the number of positions to be elected, the trustee election is not necessary. THEREFORE, the necessary 30 day notice is hereby given that the Libby School District #4, Lincoln County, State of Montana, Trustee Election is cancelled. Dated this 5th day of April, 2021. Leslie Forster, District Clerk Published In The Western News April 6, 2021. MNAXLP

Request for Qualifications Fire Risk Evaluators Lincoln County is soliciting for one qualified individual to complete Fire Risk Assessments for proposed subdivisions. This RFQ is intended to create a pool of experienced evaluators that will assist in reducing wildfire risks in Lincoln County's wildland-residential interface by making recommendations for appropriate fuels mitigation in each new subdivision. Qualifications must demonstrate: 1) wildland fire suppression experience/education; 2) ability to complete a comprehensive assessment of existing hazardous fuels conditions and recommend mitigation measures; 3) ability to write a clear and concise plan; and 4) ability to communicate effectively. Successful applicants will be paid by developers based on the size of the proposed subdivision, plus mileage, as applicable. Successful applicants will be considered to be independent contractors and not county employees. Candidates should submit a letter of interest and references and include any supporting documentation to: Lincoln County Planning Department; 418 Mineral Ave.; Libby, MT 59923 by May 10, 2021. For questions contact Jake Mertes, Planner for Lincoln County at: 406.283.2444 or jmertes@libby.org. Published In The Western News April 6, 2021. MNAXLP

NOTICE OF TRUSTEE ELECTION CANCELLATION WHEREAS, the number of candidates filing a Declaration of Intent and Oath of Candidacy for the open trustee position on the Yaak School Board of Trustees, District No. 24, Lincoln County, State of Montana is equal to or less than the number of positions to be elected, the trustee election is not necessary. THEREFORE, the necessary 30 day notice is hereby given that the Yaak School District No. 24, Lincoln County, State of Montana, Trustee Election is cancelled. BE IT RESOLVED that the following Trustee Candidate has been duly elected by Acclamation. Trish Lauer for a 3-year term DATED this 2nd day of April, 2021. S/Diane Downey District Clerk Published In The Western News April 6, 2021. MNAXLP

ADVERTISEMENT FOR BIDS OWNER Yaak School District #24 ADDRESS 29893 Yaak River Road, Troy, MT 59935 Separate sealed BIDS for the construction of foundation stabilization for the existing Schoolhouse and Teacherage by stabilizing the buildings and then installing permanent foundations below each building. The exteriors of each building will receive paint or stain as indicated on the construction documents. Site work will be completed to direct water away from each building. Alternates include adding a concrete sidewalk and handicapped parking pad. There will be a Non-Mandatory Virtual Pre-Bid Conference for interested bidders at 2:00 P.M. local time on April 15, 2021. This meeting will be held remotely with video and audio options available. Bidders can attend the meeting virtually by logging into: https://global.gotomeeting.com/join/511913765 and via audio by calling (408) 650-3123 with access code 511-913-765. The preferred tentative construction schedule is during summer break from May 18, 2021 to August 15, 2021; however, alternate schedules will be considered if the bidder provides accommodations for work space for the Clerk, classroom space, and residential space during construction. All questions including scheduling for onsite walkthroughs can be directed to Glen D. Anacker, AIA at 406-257-7125 or glen.aia@anackerarchitects.com. BIDS will be received by Yaak School District #24 at the office of Kalispell WGM Group at 431 1st Avenue West until 2:00 PM, (Local Time) April 29, 2021, and then at said office publicly opened and read aloud. Bidders can listen to the bid opening results via phone by calling (646) 749-3122 and entering conference ID 298-628-789. The CONTRACT DOCUMENTS may be examined at the following locations: Kalispell WGM Group office at 431 1st Avenue West. Copies of the CONTRACT DOCUMENTS may be obtained at the office of Kalispell WGM Group located at 431 1st Avenue West, Kalispell upon payment of $50.00 for each set. Any BIDDER, upon returning the CONTRACT DOCUMENTS promptly and in good condition, will be refunded the payment, and any non-bidder upon so returning the CONTRACT DOCUMENTS will be refunded $50.00. All contracts exceeding $10,000 shall contain a provision requiring compliance with Executive Order 11246, entitled, "Equal Employment Opportunity," as amended and as supplemented in Department of Labor regulations (41 CFR Part 60-1 subpart A). Published In The Western News April 6 & 13, 2021. MNAXLP