Legals for December, 20 2020

No. 27438 WHITEFISH BOARD OF ADJUSTMENT NOTICE OF PUBLIC HEARING At a meeting of the Whitefish Board of Adjustment on Tuesday, January 5, 2021 at 6:00 pm, the Board will hold a public hearing on the item listed below. The Board of Adjustment will meet via Virtual WebEx Video Conferencing. Instructions to participate will be located on the agenda once posted on the City's webpage: www.cityofwhitefish.org. A variance request by Greg and Erin Chapman to the side yard setback in order to construct a new home. The property is undeveloped and is zoned WSR (Suburban Residential District). The property is unaddressed on Houston Drive and can be legally described as Tracts 35AEA, 23A and 22AC in S23 T31N R22W, P.M.M., Flathead County. (WZV 20-01) Compton-Ring Documents pertaining to this agenda item are available for review at the Whitefish Planning & Building Department, 418 E. 2nd Street, Whitefish, Montana 59937 during regular business hours. Inquiries are welcomed. Interested parties are invited to attend the hearing and make known their views and concerns. Comments, in writing, may be forwarded to the Whitefish Planning & Building Department at the above address prior to the hearing or via email: wcompton-ring@cityofwhitefish.org. For questions or further information regarding this request, phone 406-863-2410. WHITEFISH BOARD OF ADJUSTMENT Mike Kelley, Vice Chair December 20, 21, 2020 MNAXLP __________________________

No. 27434 FLATHEAD COUNTY BOARD VACANCIES Letters of interest are being accepted by the Flathead County Board of Commissioners for positions with the following boards and committees: Agency on Aging Advisory Council Animal Shelter Advisory Committee Blacktail Television District Board Compensation Board Conrad Mansion Museum Board Fire Service Area Advisory Board Transportation Advisory Committee Woodlawn Cemetery District Board Letters must be received by 5:00 PM on Friday, January 22, 2021 and can be sent to Flathead County Board of Commissioners, 800 South Main, Room 302, Kalispell, MT 59901 or emailed to malbertson@flathead.mt.gov. More information on these and other board opportunities is available by calling 758-5537 and online at https://flathead.mt.gov/commissioner. December 20, 27, 2020 MNAXLP _________________________

No. 27440 REQUEST FOR QUALIFICATIONS FOR GENERAL CONTRACTOR/CONSTRUCTION MANAGER SERVICES FOR ALTERNATIVE PROJECT DELIVERY FOR THE CONSTRUCTION OF THE CSKT, RONAN HEALTH CLINIC The Confederated Salish & Kootenai Tribes (CSKT), requires the services of a competent General Contractor/Construction Manager(s) (GC/CM), normally engaged in this profession and duly registered as a Construction Contractor in the State of Montana, to provide GC/CM services as an alternative delivery process, specifically for the CSKT, Ronan Health Clinic, near the corner of highway 93 and 3rd Ave, NW, West of the CSKT, Safety of Dams building. It is the CSKT desire to engage a qualified GC/CM firm to work with the CSKT and the selected Architectural firm for the performance of this project. The architectural firm MMW Architects, PC has been hired by the CSKT to perform comprehensive design services. MMW Architects at the direction of CSKT has prepared a schematic design that can be emailed to qualified proposers. This is an Indian Preference Bid. Tribal contractors who wish to receive Indian Preference must obtain certification by the Indian Preference Office as a legitimate Indian owned business prior to the submission of bids. Proof of Indian Preference Certification must be included with your bid in the form of a copy of the Certificate issues by the Indian Preference Office. The selection of the successful contractor (s) and award of this project will be per the provisions of the Confederated Salish and Kootenai Tribes Indian Preference Ordinance 101A. It is the sole responsibility of the bidder to obtain and provide proof of Indian Preference certification from the Indian Preference Office. Time is of the essence. Construction shall commence approximately five months following selection and contract with GC/CM. The final form of the contract shall be an approved CSKT Contract Form including an amended AIA A-13TM - 2009 "Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of Work Plus A Fee with a Guaranteed Maximum Price", in conjunction with AIA A20TM - 2007 "General Conditions of the Contract for Construction." It is the intent of CSKT to make a single award for these services specific to the CSKT, Ronan Health Clinic in addition to the rehabilitation of existing City of Ronan 3rd Ave NW sanitary sewer lift station. The entire context of this RFQ for GC/CM services can be obtained from MMW Architects by contacting MMW Architects at both: jacob@mmwarchitects.com and nathan@mmwarchitects.com SUBMISSION OF INFORMATION A digital copy, in PDF format, must be received by MMW Architects by 4:00 PM on January 6, 2021. Digital copies should be addressed to: MMW Architects at both: jacob@mmwarchitects.com and nathan@mmwarchitects.com ALL QUESTIONS AND CONTACTS REGARDING THIS RFQ MUST BE SUBMITTED by email to: Jacob Wright, MMW Architects, Email both: jacob@mmwarchitects.com and nathan@mmwarchitects.com Hardcopies will not be accepted. INSTRUCTIONS TO PROPOSERS: Proposals must: 1. Follow the format outlined in the Selection Procedure. 2. Be signed by an officer or principal of your firm. 3. Be contained in PDF format not to exceed a total of thirty-five (35) single sided pages, in 8.5"x 11" portrait format, consecutively numbered, with basic text of all information reasonably legible. This page limit is inclusive of all information, pictures, charts, graphs, tables, and text the proposer deems appropriate to be part of the review of the firm's qualifications. TIMELINE FOR REVIEW AND SELECTION AS FOLLOWS: Advertising RFP Dates: December 20 and December 27, 2020. Submission of Firms Proposal Due: January 6, 2021 at 4:00PM. Review/shortlist RFQ's announced by CSKT by January 15, 2021. Invite shortlisted firms to interview: January 27, 2021. Interviews, Selection and Negotiation: Upon completion of interview process a single proposer will be selected and contract negotiations will proceed. SCOPE OF PRECONSTRUCTION Each firm shall propose a maximum preconstruction services fee and propose a Construction Managers Fee for Construction Phase Services. The specific scope of pre-construction services will be negotiated prior to signing the Contract. In general, pre-construction services are anticipated to include the following: 1. Pre-construction services are in anticipated to be continuous from GC/CM selection to bid award. 2. Participation in all design, coordination, and building committee meetings; 3. Review of all designs for constructability; 4. Work with the CSKT and design team on phasing, scheduling, and other strategies to complete construction of this magnitude of project in the time period initially noted above; 5. Coordination and gathering of input from subcontractors regarding constructability; 6. Review and cost evaluation at each phase of design taking into consideration schedule, phasing and market conditions; 7. Consult with, advise, assist, and provide recommendations to the CSKT and design team on all aspects of the planning and design of the work; 8. Provide information, estimates, schemes, and participate in decisions regarding construction materials, methods, systems, phasing, sustainability and costs to assist in determinations which are aimed at providing the highest quality building, constructed using the most sustainable construction materials and practices, within the budget and schedule; 9. Review in-progress design and construction documents and provide input and advice on construction feasibility, alternative materials, costs and availability; 10. Review completed design and construction documents prior to subcontractor/supplier bidding/selection and suggest modifications to improve completeness and clarity and to eliminate construction change requests due to inconsistencies or omissions in the construction documents; 11. Provide input to CSKT and the design team regarding construction market bidding climate, status of key subcontract markets, and other relevant economic conditions; 12. Recommend and actively source labor and material resources necessary to complete the project construction; 13. Provide input to CSKT and the design team regarding long lead time materials and equipment, impact on the construction schedule and strategies for mitigating the impact; 14. Prepare construction cost estimates for the Project at the design development and construction document design phases and, if appropriate, at other times throughout of the work; 15. Notify the CSKT and design team immediately if construction cost estimates appear to be exceeding the construction budget, and reconcile each cost estimate with the Architect's cost estimate, if required; 16. Furnish a final construction cost estimate for the CSKT's review and approval; 17. Develop a preliminary construction schedule; 18. Develop all subcontractor/supplier bid packages and perform all advertising and receipt of subcontractor and supplier bids; 19. Obtain bids per trade for the CSKT's review, unless otherwise approved by CSKT in order to meet resourcing requirements, per the GC/CM Contract. Self-performed work must be bid against at least two subcontractors, if readily available; 20. Upon execution of any Early Work Amendment prior to a GMP agreement, undertake early material procurement, site preparation, and advance construction work. SCOPE OF CONSTRUCTION PHASE SERVICES In general, Construction Phase Services are anticipated to include the following: It is anticipated that a GMP for the entire project will be requested near the completion of the Construction Documents phase provided the cost estimate is within the CSKT's budget. The established GMP will be the maximum amount paid for the entire work, unless scope changes are requested by CSKT. Acceptance of the GMP by contract will constitute completion of preconstruction services and the GMP Agreement/Amendment will initiate the construction period services for the Project. For any work conducted on site prior to the establishment of the GMP the GC/CM will provide appropriate levels of performance and payment bonds for any work in progress. At the time of execution of the GMP, the GC/CM will be required to submit a 100% performance and 100% payment bond for the amount of the GMP. The CSKT retains the option to cancel the construction phase services, or to start a new process for the construction of the project, or terminate the contract and negotiate a replacement contract with the next highest rated Proposer from this solicitation, or to conclude the GC/CM's services at pre-construction and issue the Project on a lowest, responsible bidder method. The selected GC/CM(s) will be required to comply (as a minimum allowable rate schedule) with those rates adopted and effective at the time of signing the GMP Agreement/Amendment or any time work is awarded on the project for construction. SELECTION PROCEDURE This RFP is the first of a multi-part selection process. In order to qualify for further consideration, Proposers must comply with the mandatory requirements provided below. Statements of Qualifications that do not contain the required documentation will be deemed nonresponsive to this RFP requirement and will be rejected on that basis. Qualification Conditions 1. General Contractor/Construction Manager Firm Information: a. Proposer must demonstrate successful experience and capacity to act as a GC/CM on projects of similar size, type and complexity. Specifically, CSKT will be looking for successful experience constructing medical clinic facilities, and their ability to manage similar work in the specified timeframe. b. Firm Background: Describe your firm's history. Include information identifying the firm's annual volume of business, financial/bonding capacities, and speak to the firm's stability in the marketplace. Information identifying the firm's strengths and weaknesses along with special capabilities that may be appropriate to this Project will assist in the evaluation. c. Provide complete information on your bonding company and agent. i. Provide contact name, phone and email information for this project. ii. If less than 5 years, or not exclusive surety source, list others used in the last 5 years d. In the last five (5) years, have you (for each "yes" response provide an explanation): i. had a settled or pending claim against your payment or performance bond? ii. had a contract terminated for default on a project? iii. been assessed liquidated damages for late delivery of a project? iv. taken legal action or dispute resolution proceedings against an Owner other than for an Owner's failure to pay? 2. Bonding Capacity: Provide a letter from your surety or agent stating your firm's single project and aggregate capacity. The proposer must be capable of providing a 100% performance and payment bond for this project. The project's current estimate is $5.0 million and the proposers' ability to bond this type of program is part of the qualification process. Provide the following from your surety: AM Best rating, financial size category and US Treasury limit. 3. Construction Contractor Registration: Proposer must include evidence of a valid current Montana construction contractor registration submitted with the RFQ response. 4. Safety: a) Provide incidence rate, experience modification rate, AND loss ratio. An incidence rate greater than the latest average for non-residential building construction as established by the federal Bureau of Labor Statistics (BLS) for the prior year or an experience modification rating (EMR) greater than 1.0 or a loss ratio of more than 100% may result in immediate disqualification on this item. b) Provide your firm's number of employees for BLS's most recent reporting period and your firm's applicable NAICS code. Proposer may submit an explanation for incident rate, EMR, and/or loss ratio greater than those listed here for further consideration by the Owner. The Owner reserves the sole right to waive the pass/fail requirement if, in the Owner's sole judgment, sufficient justification exists for any explanation provided. The Owner also reserves the right to request additional information and/or clarification on this item but is not obligated to do so prior to making its determination on whether or not to waive the requirement. The following will be evaluated and assessed by a committee selected by CSKT, to determine reasonableness of meeting a minimum qualification standard specific to this type of project. 1. Specific Project Requirements: a. Proposer should provide evidence of successful experience and capacity to act as a GC/CM on similar projects in the last ten (10) years, (i.e. alternative delivery methodology, preconstruction services, and critical timelines). Include contact information for the owners and designers familiar with your work on each project, as well as start and completion dates. b. Proposers' project manager and superintendent should demonstrate that they have: i. Successfully completed projects of this type individually; and, ii. Successfully completed projects of this type as a team. c. Proposer should provide evidence of their success in maintaining project schedules for projects specific to medical clinic facilities. d. Proposer should provide their current and projected workload, specifically projects under construction and projects under contract, and should provide a total dollar value for projects under contract. e. Proposer should provide a general description of their experience in the preparation and execution of a Subcontracting Plan as pertains to public bidding requirements. f. Proposer should provide evidence and their knowledge of common cost estimating practices, and ability to maintain established budgets for projects of similar size and scope. g. Proposer shall indicate acceptance of the CSKT, Indian Preference requirements. In addition to the above, proposers are asked to provide the following: 1. Cover letter / Statement of interest. 2. List the firm's name and complete address. List both street and mailing address. 3. Provide the address of the specific office which will have responsibility for performing this work. 4. Provide résumé's of proposed staff and relevant experience. This RFP shall not commit the CSKT to enter into any agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The CSKT reserves the right to accept or reject any and all responses received as a result of this RFQ if it is in the CSKT's best interest to do so. By offering to perform services under this procurement, proposer agrees to be bound by the applicable Tribal, Federal and State laws, including but not limited to: applicable wage rates, building codes, Equal Opportunity Employment practices, safety, CSKT Indian Preference, etc. December 20, 27, 2020 MNAXLP __________________________

No. 27433 NOTICE OF BOARD POSITION VACANCIES MAKE A DIFFERENCE IN YOUR COMMUNITY Flathead County is seeking individuals who want to make a difference in their community by filling vacancies on various committees. Letters of interest are being accepted for a limited number of openings on the following committees: Ashley Lake Land Use Advisory Committee, Helena Flats Land Use Advisory Committee, LaBrant-Lindsey Land Use Advisory Committee, Little Bitterroot Lake Land Use Advisory Committee, Riverdale Land Use Advisory Committee, Rogers Lake Land Use Advisory Committee, and the West Valley Land Use Advisory Committee. All positions are appointed by the Board of County Commissioners. TO APPLY FOR ANY OF THESE POSITIONS: Letters of interest (please specify which board/committee you are applying for) including name, physical address, mailing address, daytime phone number and qualifications should be submitted to: Angela Phillips Flathead County Planning & Zoning Office South Campus Building 40 11th Street West, Ste 220 Kalispell, MT 59901 All letters of interest should be received by 5:00 p.m. on January 7, 2021. For additional information and specific qualifications please call 751-8200 or visit our website: flathead.mt.gov/planning_zoning December 20, 23, 27, 30, 2020 January 3, 6, 2021 MNAXLP __________________________

No. 27437 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY BOARD OF ADJUSTMENT The Flathead County Board of Adjustment will hold a public hearing on the items listed below on Tuesday, January 5, 2021 beginning at 6:00 PM remotely via Zoom meeting. Individuals who wish to make public comments are encouraged to send in comments via email prior to the meeting (send to planning.zoning@flathead.mt.gov) To access the meeting and give oral public comment, please follow the instructions below. Meeting ID: 927 1004 6081 One tap mobile +13462487799,,92710046081#US (Houston) +16699006833,,92710046081# US (San Jose) Dial by your location (wherever you are closest to - if you are unable to connect please try one of the other numbers) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington D.C) Meeting ID: 927 1004 6081 Find your local number: https://zoom.us/u/abMyuYEyxC You will be instructed during the meeting when the public comment period is open for each agenda item. You can join the event starting at 5:45 p.m. on January 5, 2021. A request by Swan Peak Properties, LLC for a conditional use permit for a drive-through coffee stand to be located at 43 Woodland Park Drive, Kalispell MT within the Willow Glen Zoning District. The property is zoned B-1 (Neighborhood/Professional Business) and the total acreage involved in the request is approximately 1.295 acres that can legally be described as Lot 13-18 in Block 2 of Phillips Addition in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. A request by JTC Properties, LLC for a variance to Section 3.16.040(5) of the Flathead County Zoning Regulations (FCZR), to exceed the 40% maximum lot coverage. The subject property is zoned RC-1 (Residential Cluster) and is located at 283 and 287 Eagle Bend Drive in Bigfork, MT, within the Bigfork Zoning District. The property contains approximately 0.194 acres and can legally be described as Lot 56A of Eagle Bend No. 20, located in the Southeast Quarter of the Northwest Quarter of Section 26, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana. This item will be reviewed by the Bigfork Land Use Advisory Committee on Thursday, December 17, 2020 @ 4:00 pm at Bethany Lutheran Church 8559 Highway 35 in Bigfork, MT. All decisions made by the Board of Adjustment are considered final actions. Interested parties are encouraged to attend the meeting to make their views or concerns known to the Board. Written comments are strongly encouraged and should be received by the Flathead County Planning & Zoning Office, no later than 5:00 pm, January 5, 2021. Information and documents pertaining to the above requests are on file in the Flathead County Planning & Zoning Office, 40 11th Street West, Ste 220 Kalispell, MT 59901, and may be reviewed during regular office hours, or you may call (406) 751-8200 for more information. Please note agenda items are subject to change without notice. Persons with a disability may request a reasonable accommodation by contacting Elaine Nelson at the Flathead County Commissioner's Office at 758-5503 or TTY (800) 335-7592, or call Montana Relay at 711. Requests should be made as early as possible to allow time to arrange the accommodation. /s/ Mark Mussman Mark Mussman, CFM® Planning Director December 20, 2020 MNAXLP __________________________