Legals for December, 17 2023
NO. 29938 INVITATION TO BID KALISPELL PUBLIC SCHOOLS LEAD MITIGATION PROJECT Notice is hereby given that sealed bids for construction of the Kalispell Public Schools Lead Mitigation Project will be received by the office of the Kalispell Public Schools at the office of 233 1st Avenue East, Kalispell, MT 59901 until 3:00 p.m. local time on Friday, December 22, 2023. ONLY BIDS RECEIVED AT THE DISTRICT’S OFFICE WILL BE CONSIDERED. Facsimile Bids will not be considered. Bids will be publicly opened and read aloud on the same day at the same location. All Bids will be taken under advisement with final approval coming from the Board of Trustees of Kalispell Public Schools. All Sealed Bids must be plainly marked, “Kalispell Public Schools Lead Mitigation Project” All Bids must be submitted on the Bid Form found in the Specifications and signed by an officer or a person duly authorized to sign Bids. All Bids shall be valid for a period of 60 days after the bid date. The project is anticipated to take place from late-January of 2024 through mid-September of 2025. The project generally consists of removing portions of the existing domestic water systems at two separate locations (Elrod Elementary School and Flathead High School) and replacing the removed piping/fixtures with new piping/fixtures. The project consists of removing areas of the architectural finishes needed to access the existing water plumbing, removing the piping and fixtures as shown on the drawings, replacing with new piping/fixtures, and restoring architectural finishes that were removed or damaged during the work. Bid Schedule I – Elrod Elementary Bid Schedule II – Flathead High School Bidders may submit a bid for both, or a single schedule of their choosing. If submitting a bid on a specific schedule, the schedule must be completed in full for that schedule according to these Instructions to Bidders and Project Requirements. The District reserves the right to award separate schedules to separate Contractors based on the low bid for each individual Bid Schedule. Beginning on December 3, 2023, complete electronic Project Plans and Specifications are available at the Morrison-Maierle, Inc. website “www.m-m.net” by clicking on the “Project” tab, then click “View Our Current Projects Bidding,” then click “View our current projects bidding page” and selecting this project from the project list which will direct you to the QuestCDN website. Documents can only be viewed and cannot be downloaded or printed without purchasing. To purchase and download the project documents in pdf format, click “Download Project PDF” and sign on to QuestCDN.com. Plan documents can be downloaded for a fee of $50.00. Please contact QuestCDN at 952-233-1632 or email “info@questcdn.com” for assistance in the free membership registration, downloading documents, and working with this digital project information. Hard copies of the Project Plans and Specifications are not available for purchase. Prospective Bidders must purchase contract documents and access the bid form through QuestCDN. All addendums will be issued through QuestCDN. It is the sole responsibility of the contractor to review and acknowledge all addendums prior to submitting a bid. At 3:30 p.m. local time on Tuesday, December 12, 2023, there will be a Pre-Bid Conference at the offices of Morrison-Maierle Inc. at 172 Timberwolf Parkway in Kalispell, MT 59901. Interested CONTRACTORS are encouraged to attend in person. A tour of the project site(s) will be conducted after the meeting. All bidding questions shall be directed to Morrison-Maierle, Inc., Kevin Ireland, at (406) 751-5861 or email to kireland@m-m.net. A bid may not be withdrawn after the scheduled time for the public opening of the Bids specified above. All Bids must include a Bid Security of ten percent (10%) of the maximum Bid price in the form of a cashier’s check, certified check, bank money order, bank draft or Bid Bond payable to Kalispell Public Schools, executed by an acceptable surety. A one-hundred percent (100%) Performance Bond and a separate Payment Bond will be required upon award of the contract. Montana Tax & Wage Rates: 1. A 1% Montana Gross Receipts Tax is applicable to this Project. 2. The Montana State Prevailing Wage Rates and Davis Bacon Wage Rates are applicable to this Project. Each Contractor will be required to have a certificate of registration from the Employment Relations Division of the Montana Department of Labor and Industry in the proper classification. 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(s) which are in the best interest of the Kalispell Public Schools. Late Bids will not be opened. Business Services 233 1st Avenue East Kalispell, MT 59901 Dec. 3, 10, 17, 2023 MNAXLP __________________________
NO. 29946 Montana Department of Transportation Notice of Sale of Real Estate NOTICE IS HEREBY GIVEN that the Montana Department of Transportation will sell at public auction, with reserve, to the highest bidder, the following described real estate: A tract of land in the SW¼NW¼ of Section 1, and the SE¼NE¼ of Section 2, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana, as shown by the shaded area on the exhibit, consisting of 1 page attached hereto and made a part hereof, containing an area of 10.23 acres, more or less. The auction will be held beginning at 11:30 a.m. on Monday, January 8, 2024 in Conference Rooms A & B on the second floor of the Earl Bennett Building (Flathead City-County Health Department), 1035 1st Ave W., Kalispell, Montana 59901. Terms: 10% down payment by check at auction. The auction is complete when the auctioneer announces that the down payment has been paid. The appraised value of this land is $521,750.00. Under statutory restrictions, the State cannot accept any bid under 90% of the appraised value. The property is being sold AS IS. Sale will be conducted pursuant to the Montana Code Annotated. Additional information and a copy of the “Detailed Terms and Conditions” of the sale may be obtained from the Real Estate Services Section, Right-of-Way Bureau, Jenna Bousman, Montana Department of Transportation, 2701 Prospect Avenue, P.O. Box 201001, Helena, Montana, 59620-1001, phone (406) 444-9272 or TTY 1-800-335-7592 for the hearing impaired or MDT’s website at https://www.mdt.mt.gov/business/real_estate.shtml. Dec. 10, 13, 17, 20, 24, 27, 31, 2023 and Jan. 3, 7, 2024 MNAXLP __________________________
NO. 29949 PUBLIC OPPORTUNITY TO PROTEST ISSUANCE OF ONE NEW Montana Retail On-Premises Consumption Beer and Wine Gaming Restricted License OLD SOUL, LLC (Nathan Stanton, Owner(s)) has applied for one new Montana Retail On-Premises Consumption Beer and Wine Gaming Restricted License No. 07-937-2346-311 to be operated at THE PATIO, 204 Wisconsin Ave, Whitefish, County. The public may protest this license transfer in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location County, residents of adjoining Montana counties, and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor’s full name, mailing address, and street address; (2) the license number 07-937-2346-311 and the applicant’s name OLD SOUL, LLC; (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor’s signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant’s qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before December 27, 2023. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Whitefish. All valid protestors will be notified of the hearing’s time, date and location. Hearings typically are scheduled within 90 days. A protester’s hearing testimony is limited to the grounds in the protester’s letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Lisa Patzer, Compliance Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-4332 or LPatzer@mt.gov. Dec. 10, 17, 2023 MNAXLP __________________________
NO. 29950 SURPLUS PROPERTY RESOLUTION December 13, 2023 SURPLUS PROPERTY DISPOSAL Bigfork Elementary School District No. 38 Bigfork High School District No. 38 Flathead and Lake Counties Bigfork, Montana 59911 WHEREAS, the trustees of Bigfork Elementary & High School District No. 38 declared surplus property at a business meeting on December 13, 2023; WHEREAS, the surplus property includes various items from the wood shop, transportation, home-ec room and IT department, call 406-837-7400 for list; WHEREAS, the items have been replaced or are no longer needed by the District; WHEREAS, the District would like to dispose of the items; THEREFORE, BE IT RESOLVED, the items will be sold and or disposed of after Monday, January 1, 2024. Approved by the Board of Trustees of Bigfork Elementary and High School District No. 38, Flathead and Lake Counties, on December 13, 2023 at a regular meeting held in the Bigfork High School library. ATTEST: Paul Sandry Chairperson Lacey Porrovecchio Clerk Dec. 17, 2023 MNAXLP __________________________
NO. 29954 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 2, 2024, beginning at 6:00 PM in the 2nd Floor Conference Room of the South Campus Building, 40 11th Street West, Suite 200, Kalispell, Montana. 1. A request from Rest Haven Properties Two, LLC for an after-the-fact variance to Section 3.11.040(3)(A) of the Flathead County Zoning Regulations, to the front yard setback for a structure. The property is located at 2811 Rest Haven Drive near Whitefish, MT and is currently zoned R-2 (One-Family Limited Residential). The property contains approximately 2.55 acres that can legally be described as Tract 2 of Certificate of Survey No. 21989 in Government Lots 1 & 2 in Section 10, Township 31 North, Range 22 West, P.M.M., Flathead County, Montana. 2. A request from Stephen E. Fisher for the establishment of ‘Short-term Rental Housing’ on property located within the Lower Side Zoning District. The property is located at 354 Orchard Ridge Road, Kalispell, MT and is zoned SAG-5 (Suburban Agricultural). The property contains approximately 5.39 acres that can legally be described as Tracts 3AFA, 5AAC, 5A, and 5CD in Section 31, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 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 2, 2024. 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 the Planning & Zoning Office at 751-8200 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/Erik K Mack Erik K Mack, AICP® Planning Director Dec. 17, 2023 MNAXLP __________________________
NO. 29959 REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES The Somers County Water and Sewer District is soliciting proposals from engineering firms to evaluate the District’s need for improvements to its public water system. The selected engineering firm will prepare a comprehensive Preliminary Engineering Report (PER) including recommendations for improvements to wells and piping that may be necessary to ensure efficient operation and compliance with State standards. The District may use the PER to support funding applications to any funding agency including, Rural Development, USDA; Montana Coal Endowment Program, Community Development Block Grant, State Revolving Loan Fund and the Montana Department of Natural Resources and Conservation for loans and grants. Therefore, it is imperative that the amended PER comply with guidelines set forth by the Uniform Preliminary Engineering Report Outline and meets the requirements of these various funding agencies. The services to be provided during the Planning Phase will include, but are not limited to: 1. Assessment of existing conditions and summary of system requirements, including data collection; 2. Preparation of a detailed alternatives analysis of potential improvements to the District’s existing water system; 3. Development of recommendations regarding possible improvements that may be needed including design criteria, construction cost estimates and a prioritization of each proposed improvement; 4. Completion of an amended Preliminary Engineering Report meeting the requirements of the Uniform PER Outline; 5. Conducting two public meetings pertaining to the development of the alternatives for the PER and the final recommendations. 6. Further support and assistance as needed. Upon the completion of the PER, the District may, at its discretion, utilize the selected engineering firm to develop a funding strategy, prepare funding applications for construction grants and loans, final design of necessary improvements, and/or construction administration and inspection. Responses to this RFP should include: 1. The firm’s legal name, address and telephone number; 2. The principal(s) of the firm and their experience and qualifications; 3. The experience, qualifications and availability of the staff to be assigned to the project; 4. A description of the firm’s prior experience, total construction cost and name of a local official knowledgeable of the firm’s performance. Include at least three (3) references; 5. A description of the firm’s current work activities and how these would be coordinated with the project as well as the firm’s anticipated availability during the term of the project; 6. A proposed work plan and schedule for the activities to be performed; 7. A list of experience working in similar sized communities involving Public Sewer and Water Systems (include a contact telephone number.) Respondents will be evaluated according to the following factors: Overall quality of the proposal; 10% Proximity of the location of the engineering firm to the project area; 10% Prior experience of firm with similar projects; 20% Engineering firm’s prior and ongoing experience with the District; 15% Availability and experience of the project engineer to be assigned to this project; 20% Conflicts of interest within the District/ Ability to manage conflicting projects within the District; 15% References 10% The District may select the engineering firm based on an evaluation of the written proposals or select several finalists to be interviewed. The Award will be made to the firm whose proposal is deemed most advantageous to the District. Questions and responses should be directed to the District Manager, Andy Loudermilk. 406-857-2580, andyl.sws@outlook.com. All proposals will be submitted electronically to Andy Loudermilk at andyl.sws@outlook.com by January 31th at 5:00 p.m. In addition, please mail (5) copies to the District (attn: Andy Loudermilk) and mark the outside of the response package with “Somers Water PER - Engineering Services Proposal.” Somers County Water and Sewer District PO Box 117 Somers, MT 59832 This solicitation is being offered according to Federal and State statures governing the procurement of professional services. Accordingly, the District 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. Compensation for activities will be negotiated following selection of an engineering firm. The District is an Equal Opportunity Employer. Dec. 17, 24, 2023 MNAXLP __________________________