Whitman County Gazette - Serving Whitman County since 1877

Legal Notices: May 23, 2019

 

May 23, 2019



NOTICE OF MEETING

WHITMAN COUNTY BOARD OF EQUALIZATION

Notice is hereby given that the 2019 County Board of Equalization will convene on July 15, 2019, at 11:30 a.m. and continue in session on July 22, 2019, at 11:30 a.m. and July 29, 2019, at 11:30 a.m. in the Whitman County Commissioners’ Chambers, 400 N. Main Street, Colfax, Washington. The Board may adjourn from time to time for a period of not less than three (3) days, and not to exceed twenty-eight (28) days. Additional meetings may be held at other times as required to publicly examine and equalize the assessments extended in the current year on the taxable property of said county, for taxes to be levied in the year 2020, and to correct all errors in valuation, description or qualities of property assessed by the assessor. The owner or agent of any taxable property who feels there are inequities in their assessment or exemptions may file a petition and appear before the board at the time and place appointed. Appeal forms may be acquired from the Whitman County Commissioners’ Office, at 400 N. Main Street, Colfax, WA, 99111.

Dated this 20th day of May, 2019.

Maribeth Becker, CMC, Clerk of the Board 21/2

SECTION 1

INVITATION FOR BIDS

Port of Whitman Business

Air Center Airport (BACA)

Colfax, Washington

FAA AIP NO. 3-53-0015-010-2019

Project: Flight Line Drive Realignment / Drainage Revisions

Bid Date: Monday, June 17, 2019, at 2:00 pm Local Time

Sealed bids, subject to Federal Contract Conditions, for Flight Line Drive Realignment / Drainage Revisions, AIP No. 3-53-0015-010-2019 will be received by the Port of Whitman County Administration Office located at 302 N Mill Street, Colfax, Washington 99111, until Monday, June 17, 2019 at 2:00 pm (according to the clock in the lobby of the Port of Whitman County Office), at which time the bids will be publicly opened and read aloud.

Project work consists of, but is not limited to the following approximate quantities:

• 5,600 CY of earthwork

• Installation of 11 catch basins

• 770 LF of storm drain

• 130 LF of pipe underdrain

• 70 LF of trench drain

• 300 LF of concrete gutter

• 575 LF of flush curb

• 800 tons of HMA Bituminous Surface

Contract Documents. Complete digital contract documents are available at the Port of Whitman County website http://www.portwhitman.com, Latest News. Interested parties may download the digital documents directly from the web page. Those downloading the contract documents electronically are personally responsible for verifying the completeness of contract documents received via download. Failure to download a complete set of digital contract documents will not be a factor considered in the evaluation of bids or form the basis for any bid protest. Please contact the Port of Whitman County at 509-397-3791 or [email protected] for assistance in downloading and working with this digital project information. In order to submit a responsive bid as a Prime Contractor and to receive all necessary addendum(s) for this project, you must be on the Planholder’s List which requires contacting the Port of Whitman County via email at [email protected], and requesting to be added to the Planholder’s list.

A copy of the Contract Documents may be examined at the following locations beginning May 23, 2019.

• Port of Whitman County Administration Office, 302 N Mill Street, Colfax, Washington 99111. This set of bid documents is for review only; and must not leave the office. Copies will be available for purchase at the Port Office for $25 per set.($35 for full size plans)

• h2 Surveying and Engineering, 7600 N Mineral Drive, Suite 900, Coeur d’ Alene, ID 33815.

• Spokane Regional Plan Center, 209 N Havana Street, Spokane, WA 99202.

• Associated General Contractors, 4935 E Trent Avenue, Spokane, WA 99212

Project construction is planned for August and September of 2019. The project contract time is 60 calendar days.

Mandatory Pre-Bid Conference. A mandatory pre-bid conference will be held for this project at 2:00 pm Tuesday, June 11, 2019, at the Port of Whitman County, 302 N. Mill Street, Colfax, WA 99111. Any firm submitting a bid that did not have a representative employed by the firm in attendance at the pre-bid conference will be rejected.

Bid Conditions. All information required by the contract documents must be supplied by each Bidder. The Bidder must bid on all items in the attached Bid Proposal Form, or the bid will be rejected. Award of contract may take up to 90 days from bid due date, therefore, the Bidder is required to honor bid prices for this period of time. The Port of Whitman County reserves the right to accept or reject any bid, to waive irregularities and informalities in bids received, or to reject all bids, as best serves the interest of the Port of Whitman County.

Bidders are individually responsible for conducting a site examination of the proposed Work, and of the bid documents reflecting the requirements of the project. Failure to examine the site and review the bid documents shall in no way relieve the Bidder from any obligation respecting its bid.

Bid Guarantee. A cashier’s check, certified check, cash, or a bid Surety bond in the amount of 5% of the total bid (including sales tax) shall accompany each bid proposal. Check’s or bond’s shall be made payable to the “Port of Whitman County.”

Performance Bond. A performance bond for 100% of the Contract price shall be submitted by the successful Bidder. The bond will only be executed in connection with Contract award to the successful Bidder.

Payment Bond. The successful Bidder agrees to furnish a payment bond for 100 percent of the Contract price. This bond will only be executed in connection with the award of a Contract to assure payment of all persons supplying labor and material in the execution of the work provided for in the Contract, as required by Washington state law.

Federal Requirements for Federally Funded Projects. This Project is being partially funded under the Federal Aviation Administration (FAA) Airport Improvement Program (AIP). Contractors must comply with specific federally required provisions as listed herein and contained in the contract documents. The following federal provisions are incorporated in this solicitation by reference:

1. Buy American Preference (49 USC § 50101)

2. Foreign Trade Restriction (49 CFR part 30)

3. Davis-Bacon Act (29 CFR Part 5)

4. Affirmative Action (41 CFR part 60-4)

5. Government-wide Debarment and Suspension (2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5)

6. Government-wide Requirements for Drug-free Workplace (49 CFR Part 29)

Wage Rates and Equal Employment Opportunity. The proposed Contract is under and subject to Executive Order 11246 of September 24, 1965, as amended by Executive Order 13672 of July 21, 2014 (together, “the Executive Order”), and to the Equal Employment Opportunity (EEO) and Federal Labor Standards Provisions. All labor on the Project shall be paid no less than the higher of either the prevailing state wage rates established by the Washington State Public Work Laws or the prevailing federal wage rates (Davis Bacon Act 29 CFR part 6) established by the United States Department of Labor. To the extent that there is a discrepancy between the State and Federal requirements, Bidder shall comply with the highest dollar amount and/or the most stringent requirement. Contractor shall post the applicable prevailing wage rates at the site.

The EEO requirements, labor provisions, and wage rates are included in the Specifications and Bid Documents and are available for inspection at the Port of Whitman County, 302 N Mill Street, Colfax, WA 99111. Each Bidder must complete, sign, and furnish with his bid the Bidders Statement on Previous Contracts Subject to EEO Clause, as contained in the Bid Proposal.

Disadvantaged Business Enterprise. The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Port of Whitman County to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. The Port of Whitman County is an equal opportunity and affirmative action employer. Small, minority, veteran, and women-owned businesses are encouraged to submit bids.

Partial payments. Partial payments will be made to the Contractor at least once each month as the work progresses. Said payments will be based upon estimates, prepared by the Engineer, of the value of the work performed and materials complete and in place, in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection 90-07 titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars.

The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. The Owner must ensure prompt and full payment of retainage from the prime Contractor to the subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. A subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed.

Port of Whitman County will provide appropriate means to enforce the requirements of §26.29. These means include:

• In accordance with the contract, the Port will assess liquidated damages against the prime contractor for each day beyond the required time period the prime contractor fails to pay the subcontractor.

• The Port will advise subcontractors of the availability of the payment and performance bond to assure payment for labor and materials in the execution of the work provided for in the contract.

• The Port will Issue a stop-work order until payments are released to subcontractors, specifying in the contract that such orders constitute unauthorized delays for the purposes of calculating liquidated damages if milestones are not met.

From the total of the amount determined to be payable on a partial payment, 5 percent of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor’s option) in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section. The balance of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his or her option, as provided in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section, no such percent retainage shall be deducted.

When at least 95% of the work has been completed, the Engineer shall, at the Owner’s discretion and with the consent of the surety, prepare estimates of both the contract value and the cost of the remaining work to be done.

The Owner may retain an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor.

It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question.

No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection 90-09 titled ACCEPTANCE AND FINAL PAYMENT of the General Provisions.

The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim.

(1) Award of the contract will be conditioned on meeting the requirements of this section;

(2) All Bidders or offerors will be required to submit the following information to the recipient, at the time provided in paragraph (3) of this section:

(i) The names and addresses of DBE firms that will participate in the contract;

(ii) A description of the work that each DBE will perform. To count toward meeting a goal, each DBE firm must be certified in a NAICS code applicable to the kind of work the firm would perform on the contract;

(iii) The dollar amount of the participation of each DBE firm participating;

(iv) Written documentation of the Bidder/Offeror’s commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; and

(v) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor’s commitment.

(vi) If the contract goal is not met, evidence of good faith efforts (as elaborated in Appendix A of Part 26). The documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted to the Bidder when a non-DBE subcontractor was selected over a DBE for work on the contract; and

(3) The Bidder/Offeror will be required to present the information stipulated in paragraph (2) of this section:

(4) Under sealed bid procedures, as a matter of responsiveness, or with initial proposals, under contract negotiation procedures.

Civil Rights – Title VI Assurances

In accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 State. 252, 42

U.S.C. §2000d-4) and the Regulations, the Port of Whitman County herby notifies all Bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Prohibition of Segregated Facilities (41 CFR Part 60-1-8)

a. The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract.

b. "Segregated Facilities," as used in this clause means any waiting rooms, work areas, rest rooms, and wash rooms, restaurants, and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation, or entertainment areas, transportation, and housing facilities provided for employees, there are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin, because of written or oral policies or employee custom. The team does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.

c. The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.

Federal Funding.

The award of the contract is subject to the approval of the Federal Aviation Administration and availability of federal funding. Because this project is funded in part with federal funds, it is subject to Federal Contract Provisions. Execution of the proposed contract is contingent on actual receipt by the Owner, of adequate funding from the Federal Aviation Administration to construct and complete the planned airport improvements in the proposed contract.

The bid of any contractor who has previously violated the terms of the Federal Labor Laws, and who has not been cleared of such violations, will not be considered responsive. In addition, any subcontractor under the same circumstances will not be awarded work on this project.

The successful Bidder will be required to furnish separate performance and payment bonds in amounts equal to one hundred percent ( 100%) of the contract price, bonds shall be issued by a responsible surety approved by the P011 of Whitman County.

The work under this contract for construction shall be staiied within seven (7) calendar days after the "Construction Notice to Proceed" is issued. Work under this contact shall be completed within 60 calendar days.

Questions regarding the contract documents or bids shall be directed to: Karla Kendall at Myaak Engineering

Email: [email protected]

Date: 5-14-19

Signed: Debbie A. Snell, Property & Development Manager

Port of Whitman BACA 21/1

INVITATION FOR BIDS

Pullman-Moscow

Regional Airport

Pullman, Washington

AIP Project

No. 3-53-0051-052-2019

Project Name: Fencing Improvements

Bid Date: Tuesday, June 4, 2019, at 3:00pm Local Time

Sealed bids, subject to the conditions contained herein, for improvements to the Pullman-Moscow Regional Airport, Pullman, Washington, AIP Project No. 3-53-0051-052-2019 will be received by the Pullman-Moscow Regional Airport Administration Office located inside the passenger terminal building, 3200 Airport Complex North, Pullman, Washington, 9916310/4/2120, until Tuesday, June 4, 2019 at 3:00pm (according to the clock on the south wall in the passenger terminal building), at which time said bids will be publicly opened and read aloud.

Project work consists of, but is not limited to the following:

Base Bid:

7-foot woven wire fence with 3 strand barbed wire; manual and automatic gates

Additive 1:

6-foot chain-link fence with 3 strand barbed wire; wire boundary fence; manual and automatic gates

Contract Documents. Complete digital contract documents will be available from Quest Construction Data Network (Quest CDN) at http://www.questcdn.com beginning May 21, 2019. Interested parties may download the digital documents for a non-refundable fee of $15.00 by inputting Quest Project No. 6331008 on the Project Search page. The Planholder’s List is also available at this website. Addenda will be issued through Quest CDN only. Bidders must download the digital documents online to be placed on the Planholder’s List and to receive automatic e-mail notification of addenda. Those downloading the contract documents electronically are personally responsible for verifying the completeness of contract documents received. Failure to download a complete set of digital contract documents will not be a factor considered in the evaluation of bids or form the basis for any bid protest. Please contact Quest CDN at (952) 233-1632 or [email protected] for assistance in free membership registration, downloading, and working with this digital project information.

A copy of the contract documents may be examined at the following locations beginning on May 22, 2019:

Pullman-Moscow Regional Airport Administration Office. To view the documents at this location, call 509-338-3223 to schedule an appointment. This copy is for review only and may not leave the office nor be photocopied at this location.

Bid Conditions. The Bidder must supply all information required by the contract documents, and must bid on all items presented. Bids must be completed and signed in space(s) provided on the enclosed blank bid schedule or the bid will be subject to rejection. Bids may be held by Pullman-Moscow Regional Airport Board for a period not to exceed 90 days from the date of the bid opening for the purpose of evaluating bids prior to award of contract. The Owner reserves the right to reject any and all bids and to waive any informality in the bids received.

Each Bidder is individually responsible for the careful examination of the site of the proposed Work, the Proposal Forms, Contract Forms, General Contract Provisions, Required Federal Contract Provisions, Construction Safety & Phasing Plan, Wage Rates, Technical Specifications, Plans, and all requirements of the project. The failure or omission by any Bidder to do so shall in no way relieve any Bidder from any obligation with respect to its bid.

Bid Guarantee. A cashier’s check, a certified check, cash, or a bid bond (Surety bond) in the amount of 5 percent of the total bid (including any additives and sales tax) shall accompany the proposal of each bidder. A check or bond shall be made payable to the “Pullman-Moscow Regional Airport Board.”

Performance Bond. The successful bidder agrees to furnish a performance bond for 100 percent of the Contract price. This bond will only be executed in connection with the award of a Contract to the successful bidder in order to secure fulfillment of all of the Contractor's obligations under such Contract.

Payment Bond. The successful bidder agrees to furnish a payment bond for 100 percent of the Contract price. This bond will only be executed in connection with the award of a Contract to assure payment of all persons supplying labor and material in the execution of the work provided for in the Contract, as required by Washington state law.

Federal Requirements for Federally Funded Projects. This Project is being partially funded under the Federal Aviation Administration (FAA) Airport Improvement Program (AIP). Contractors must comply with specific federally required provisions as listed herein and contained in the contract documents. The following federal provisions are incorporated in this solicitation by reference:

Affirmative Action (41 CFR part 60-4; Executive Order 11246)

Buy American Preference (49 USC § 50101)

Civil Rights – Title VI Assurance (49 USC § 47123; FAA Order 1400.11)

Davis-Bacon Act (2 CFR § 200, Appendix II(D); 29 CFR Part 5)

Debarment and Suspension (2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5)

Disadvantaged Business Enterprise (49 CFR part 26)

Trade Restriction (49 USC § 50104; 49 CFR part 30)

Lobbying and Influencing Federal Employees (31 USC § 1352 – Byrd Anti-Lobbying Amendment;

2 CFR part 200, Appendix II(J); 49 CFR part 20, Appendix A)

Procurement of Recovered Materials (2 CFR § 200.322; 40 CFR part 247; Solid Waste Disposal Act)

Wage Rates and Equal Employment Opportunity. The proposed Contract is under and subject to Executive Order 11246 of September 24, 1965, as amended by Executive Order 13672 of July 21, 2014 (together, “the Executive Order”), and to the Equal Employment Opportunity (EEO) and Federal Labor Standards Provisions. All labor on the Project shall be paid no less than the higher of either the prevailing state wage rates established by the Washington State Public Work Laws or the prevailing federal wage rates (Davis Bacon Act 29 CFR part 6) established by the United States Department of Labor. To the extent that there is a discrepancy between the State and Federal requirements, bidder shall comply with the highest dollar amount and/or the most stringent requirement. Contractor shall post the applicable prevailing wage rates at the site.

The EEO requirements, labor provisions, and wage rates are included in the Specifications and Bid Documents and are available for inspection at the Pullman-Moscow Regional Airport, 3200 Airport Complex North, Pullman, Washington, 99163. Each bidder must complete, sign, and furnish with his bid the Bidders Statement on Previous Contracts Subject to EEO Clause, as contained in the Bid Proposal.

Disadvantaged Business Enterprise. The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Pullman-Moscow Regional Airport Board to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. The Pullman-Moscow Regional Airport Board is an equal opportunity and affirmative action employer. Small, minority, veteran, and women-owned businesses are encouraged to submit bids.

Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity

1. The Offeror's or Bidder’s attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables

Goals for minority participation for each trade: 3.0%

Goals for female participation in each trade: 6.9%

These goals are applicable to all of the contractor's construction work (whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Whitman County, Pullman, Washington.

Civil Rights - Title VI Solicitation Notice. The Pullman-Moscow Regional Airport Board, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Federal Funding. This project is funded solely or in part with federal funds and is subject to Federal Contract Provisions. The award of the contract is subject to approval of the Federal Aviation Administration and availability of federal funding.

The proposed contract is contingent upon actual receipt by the Owner of adequate funds from the Federal Aviation Administration for the performance of the construction and installation of the airport improvements contemplated by the proposed contract. Any questions regarding bids are to be directed to:

Mead & Hunt, Inc.

ATTN: Ryan Bergstrom

9600 NE Cascades Pkwy, Ste 100

Portland, OR 97220

Phone: 971-717-6494

Email: [email protected]

The Bid of any Contractor who has previously violated the terms of the Federal Labor Laws, and who has not been cleared of such violations, will not be honored. Also, any subcontractor under him under the same circumstance will not be accepted for this project.

Glenn A. Johnson, Pullman-Moscow Regional Airport Board, Chair

Published: Date(s) Published:

Moscow-Pullman Daily News 05/20/2019

Whitman County Gazette 05/23/2019

Seattle Daily Journal of Commerce 05/20/2019 21/1

SUPERIOR COURT

OF WASHINGTON

FOR WHITMAN COUNTY

DAVID A. DAILEY,

Plaintiff,

vs.

INEZ HOOD; and all parties, known or unknown, claiming any right, title, estate or interest in the real property described in the Complaint, either as assigns, heirs or devisees of the above-named parties or otherwise.

Defendant.

NO. 19-2-00086-38

SUMMONS BY PUBLICATION

THE STATE OF WASHINGTON to INEZ HOOD, and to all other persons or parties unknown claiming any right, title, estate, lien, or interest in the real estate described in the Complaint in this action, defendants:

You, and each of you, are hereby summoned to appear within 60 days after the publication of this Summons, to wit, within 60 days after May 16, 2019, and defend the above-entitled action in the above-entitled Court and answer the Complaint of the plaintiff and serve a copy of your answer upon the undersigned attorney for the plaintiff, at the address stated below; and in case of your failure to do so, judgment will be rendered against you according to the demands of the Complaint in this action which has been filed with the Clerk of said Court.

The object of this action is to quiet title in plaintiff to real estate in Whitman County, Washington, described as follows:

The easterly 20 rods of the north half of the southeast quarter of Section 6, Township 17 North, Range 46 East, W.M., Whitman County, Washington.

against the claim of the defendants and any one of them.

BISHOP LAW OFFICE,

By:__________________

Eric Hanson, WSBA #47381

Attorneys for Plaintiff

Address: P.O. Box 337

Garfield, WA 99130

Tele .: (509) 635-1551 20/6

IN THE SUPERIOR COURT

OF THE STATE OF WASHINGTON

IN AND FOR

THE COUNTY OF WHITMAN

IN THE MATTER

OF THE ESTATE OF

JOSEPH L. MILLER,

Deceased.

NO. 19-4-00051-38

PROBATE NOTICE

TO CREDITORS

(RCW 11.40.030)

The Personal Representative named below has been appointed as Personal Representative of this Estate. Any person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the Personal Representative or the Personal Representative's attorney at the address stated below a copy of the claim and filing the original of the claim with the court in which the probate proceedings were commenced. The claim must be presented within the later of: (1) thirty days after the Personal Representative served or mailed the notice to the creditor as provided under RCW 11.40.020; or (2) four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedent's probate and nonprobate assets.

DATE OF FIRST PUBLICATION May 16, 2019

PERSONAL REPRESENTATIVE

JACK J. MILLER

ATTORNEYS FOR PERSONAL REPRESENTATIVECARPENTER, MCGUIRE & DEWULF, P.S.

MATTHEW D. JOHNSON

ADDRESS FOR MAILING OF SERVICE

P.O. Box 619

105 S. Main St.

Colfax, WA 99111-0619

Telephone: 509-397-4345 20/3

NOTICE OF CALL FOR BID FOR A USED 4X4 TRUCK CHASISS

Notice is hereby given by the Board of Fire Commissioners of Whitman County Fire Dist. #11 Colfax, Washington that sealed bid will be received for a 2000 - 2016 used 4x4 Diesel truck chassis and shall be mailed to Whitman County Fire District #11 PO Box 24 Colfax, Wa. 99111 and received by 5 PM June 11th 2019. It shall be the bidder’s responsibility to insure that their bid is delivered to the above address prior to the deadline. The bids will be opened and publicly read aloud at 7PM Thursday June 13th 2019 at the Commissioners regular meeting. Spec are 2000 to 2016 vintage, 275 HP Minimum, Allison PTO capable, back of cab to rear axle 120” min length, 4X4, 16,000 front axle weight, 23,000 rear axle weight, Air Brakes, single cab, USA steel wheels, 65 MPH min top speed Any Questions contact [email protected] The Board of Fire Commissioners reserves the right to accept or reject any and all bids. 20/2

SURPLUS SALE OF 1999 CHEVY PICKUP

TOWN OF OAKESDALE

The Town of Oakesdale is accepting Sealed Bids on a used two wheel drive 1999 Chevy Silverado pickup truck with a 5.3 liter engine, automatic transmission. It comes with 2 sets of wheels and tires. The pickup truck has 156,666 actual miles. Sale of the truck is as is, with no warranty expressed or implied. The truck may be inspected at City Hall. The truck will be sold to the person submitting the highest purchase bid above the established minimum bid. Minimum bid: $1600.00.

Send sealed bids to Town of Oakesdale, P.O. Box 246, Oakesdale, WA 99158. Bids will be accepted at City Hall until noon on May 30, 2019, at which time bids will be opened.

Payment must be made in cash or certified bank check no later than June 3, 2019.

Questions: Call City Hall at (509) 285-4020 20/2

NOTICE OF STATE'S INTENT TO NEGOTIATE LEASE

Department of Natural Resources will begin negotiation of expiring leases with existing lessees on the following parcels. All leases are subject to third party bids by interested parties. Lease terms and bidding information is available by calling the Southeast Region at 1-800-527-3305 or by visiting the Region Office at 713 Bowers Road, Ellensburg, Washington 98926. These leases expires October 30, 2019.

Agriculture Lease All/Part

Sec Twp Rge

12-D56304 Part 16 13 44.0E

12-D55337 Part 36 18 40.0E

12-C57173 All 36 19 39.0E

12-C57018 All 16 14 39.0E

12-C56979 Part 36 14 39.0E

12-C55320 Part 16 16 43.0E

12-A81866 All 16 19 39.0E

........................Part 21 19 39.0E

Written request to lease must be received by June 24, 2019, at the Department of Natural Resources, 713 Bowers Road, Ellensburg, Washington 98926.

Each request to lease must contain a certified check or money order payable to the Department of Natural Resources for the amount of any bonus bid, plus a $100 deposit. The envelope must be marked "Sealed Bid" and give the lease number, expiration date of lease applied for, and give the applicant's name. The applicant must be prepared to purchase any improvements that belong to the current lessee. For details and qualifications to submit a request, contact the Ellensburg office or call 509-925-8510.

HILARY FRANZ, Commissioner of Public Lands 21/1

Trustee Sale # 070185-WA

Title # 180211465-WA-MSO

Notice of Trustee’s Sale

Grantor(s): MICHAEL L. DETURBIVILLE, AN UNMARRIED MAN Grantee(s): STEWART TITLE, as Trustee Current beneficiary of the deed of trust: LAKEVIEW LOAN SERVICING, LLC Current trustee of the deed of trust: CLEAR RECON CORP Current mortgage servicer of the deed of trust: LOANCARE Reference number of the deed of trust: 729651 Parcel number(s): 1-0385-00-20-08-0000 LOTS 7-8, BLOCK 20, AMENDED PLAT TO THE TOWN OF GARFIELD, BOOK A, PG. 155 I. NOTICE IS HEREBY GIVEN that the undersigned, CLEAR RECON CORP, 9311 S.E. 36th Street, Suite 100, Mercer Island, WA 98040, Trustee will on 5/31/2019 at 10:00 AM OUTSIDE THE WHITMAN COUNTY COURTHOUSE INSIDE THE MAIN LOBBY, NORTH 404 MAIN ST, COLFAX, WA 99111 sell at public auction to the highest and best bidder, payable, in the form of cash, or cashier’s check or certified checks from federally or State chartered banks, at the time of sale, the following described real property, situated in the County of Whitman, State of Washington, to-wit: LOTS 7 & 8, BLOCK 20, AMENDED PLAT TO THE TOWN OF GARFIELD, ACCORDING TO PLAT THEROF, RECORDED IN BOOK A OF PLATS, PAGE 155, RECORDS OF WHITMAN COUNTY, WASHINGTON. Commonly known as: 103 N. 7TH STREET GARFIELD, WA 99130 which is subject to that certain Deed of Trust dated 5/15/2015, recorded 5/18/2015, as Auditor's File No. 729651, records of Whitman County, Washington, from MICHAEL L. DETURBIVILLE, AN UNMARRIED MAN, as Grantor(s), to STEWART TITLE, as Trustee, to secure an obligation in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS DESIGNATED NOMINEE FOR BBMC MORTGAGE, LLC, BENEFICIARY OF THE SECURITY INSTRUMENT, ITS SUCCESSORS AND ASSIGNS., as Beneficiary, the beneficial interest in which was assigned to LAKEVIEW LOAN SERVICING, LLC, under an Assignment recorded under Auditor's File No 749065. II. No action commenced by the Beneficiary of the Deed of Trust or the Beneficiary’s successor is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower’s or Grantor’s default on the obligation secured by the Deed of Trust/Mortgage. III. The default(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears: $22,909.83 IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $164,983.19, together with interest as provided in the Note from 11/1/2017, and such other costs and fees as are provided by statute. V. The above described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on 5/31/2019. The defaults referred to in Paragraph III must be cured by 5/20/2019, (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before 5/20/2019 (11 days before the sale) the default as set forth in Paragraph III is cured and the Trustee's fees and costs are paid. Payment must be in cash or with cashiers or certified checks from a State or federally chartered bank. The sale may be terminated any time after the 5/20/2019 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the or the Grantor’s successor interest or the holder of any recorded junior lien or encumbrance by paying the principal and interest secured by the Deed of Trust, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust and curing all other defaults. VI. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address(es): SEE ATTACHED EXHIBIT “1” by both first class and certified mail on 11/26/2018, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, with said written Notice of Default or the written Notice of Default was posted in a conspicuous place on the real property described in Paragraph I above, and the Trustee has possession of proof of such service or posting. VII. The Trustee whose name and address are set forth below will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale. VIII. The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property. IX. Anyone having any objections to this sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s sale. X. NOTICE TO OCCUPANTS OR TENANTS – The purchaser at the trustee’s sale is entitled to possession of the property on the 20th day following the sale, as against the grantor under the Deed of Trust (the owner) and anyone having an interest junior to the Deed of Trust, including occupants who are not tenants. After the 20th day following the sale the purchaser has the right to evict occupants who are not tenants by summary proceedings under chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. If you are a servicemember or a dependent of a servicemember, you may be entitled to certain protections under the federal Servicemembers Civil Relief Act and any comparable state laws regarding the risk of foreclosure. If you believe you may be entitled to these protections, please contact our office immediately. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date on this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission Telephone: 1-877-894-HOME(1-877-894-4663) . Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development Telephone: 1-800-569-4287 Web site: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys Telephone: 1-800-606-4819 Web site: http://nwjustice.org/what-clear THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: 1/10/2019 CLEAR RECON CORP, as Successor Trustee For additional information or service you may contact: Clear Recon Corp 9311 S.E. 36th Street, Suite 100 Mercer Island, WA 98040 Phone: (206) 707-9599

EXHIBIT "1"

NAME ADDRESS

EDWARD ERNEST DETURBIVILLE, III

103 N 7TH STREET

GARFIELD, WA 99130

EDWARD ERNEST DETURBIVILLE, III

PERSONAL REPRESENTATIVE FOR THE ESTATE OF MICHAEL LAURENCE DETURBIVILLE, DECEASED

103 N 7TH STREET

GARFIELD, WA 99130

EDWARD ERNEST DETURBIVILLE, III, PERS REP, EST OF MICHEAEL LAURENCE DETURBIVILLE, DECEASED TRUNKENBOLZ/ROHR, PLLC ATTN: PAMELA H. ROHR

P.O. BOX 14033

SPOKANE, WA 99214

HEIRS AND DEVISEES OF MICHAEL L. DETURBILVILLE, DECEASED

103 N 7TH STREET

GARFIELD, WA 99130

MICHAEL DETURBIVILLE

103 N 7TH STREET

GARFIELD, WA 99130

MICHAEL L. DETURBILVILLE

103 N 7TH STREET

GARFIELD, WA 99130

THE ESTATE OF MICHAEL L. DETURBIVILLE, DECEASED

103 N 7TH STREET

GARFIELD, WA 99130 18 & 21

 
 

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