Resolution 6243 - Alternative Project Delivery Contract - WWTP Biosolids ProjectRESOLUTION NO.6243
A RESOLUTION BY THE CITY OF KALISPELL, MONTANA, RELATING TO THE USE
OF AN ALTERNATIVE PROJECT DELIVERY CONTRACT FOR THE KALISPELL
WASTEWATER TREATMENT PLANT BIOSOLIDS TREATMENT AND DISPOSAL
PROJECT.
WHEREAS, the City of Kalispell, Montana ("the City") a municipality, is presently considering
and planning for certain construction activities with respect to its Public Works
infrastructure capital facilities; and
WHEREAS, the City's current agreement for biosolids disposal at Glacier Gold Composting in
Olney, Montana terminates on September 30, 2026 and the facility is expected to
fully close; and
WHEREAS, § 18-2-501 et seq. and § 7-5-4301 et seq., MCA authorize the City to utilize an
Alternative Project Delivery Contract for the procurement of such construction
activities under certain conditions; and
WHEREAS, those conditions are met with respect to the construction activities presently
contemplated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION 1. Use of an Alternative Project Delivery Contract is granted for the Kalispell
Wastewater Treatment Plant Biosolids Treatment and Disposal Project based on the
following Findings:
(1) The City has or will have knowledgeable staff and/or consultants who have
the capacity to manage an Alternative Project Delivery Contract. In addition
to Public Works and City Attorney staff, who have experience with and/or
working knowledge of Alternative Delivery Methods, or construction and
project management experience, the City has retained the services of
Advanced Engineering and Environmental Services, 1288 North 14'h
Avenue, Unit 103, Bozeman, Montana to provide both design and
construction administration services associated with the project at issue.
(2) The Alternative Project Delivery Contract structure contemplated for this
project will involve a General Contractor Construction Manager (GCCM)
contract as defined in § 18-2-501, MCA. The procurement and award
process for that GCCM contract will follow the requirements of § 18-2-503,
MCA and will involve the competitive solicitation of proposals from
qualified GCCM providers through Request for Qualification (RFQ) &
Request for Proposal (RFP) processes.
(3) In accordance with § 18-2-502(2), MCA, the City has determined that the
timely completion of the contemplated construction has significant schedule
ramifications in terms of completing the work with a minimum amount of
disruption to the Wastewater Treatment Plant (WWTP) operations.
Maintaining complete operational functionality is of primary importance,
whereas constructability input from the GCCM would assist in developing
construction sequencing to minimize downtimes and maintain the required
permit compliance for the WWTP. The project schedule is aggressively set
to achieve substantial completion prior to the fall of 2026, so that the new
equipment and operation sequences can go through refinement before the
City's Agreement with Glacier Gold expires.
(4) In accordance with § 18-2-502(2), MCA, the City has determined that the
project presents significant technical complexities that necessitate the use
of an alternative delivery project contract. Technical input from the GCCM
on means, methods, and strategies to keep existing operations in service will
be of utmost importance in order to maintain permit requirements and to
dispose of biosolids continuously produced from WWTP operations.
Completion of the project without disruption of existing processes will be
complicated due to space limitations in active process areas and requires
demolition of existing tanks, replacement of pumps, removal of the existing
belt filter press, relocation of existing machinery, and other related work.
Input and coordination with the GCCM during design will help to optimize
the design and limit the impacts of construction. Additionally, GCCM input
regarding the means and methods associated with the initial installation and
potential need to remove and replace the equipment over the life cycle of
the facility would be beneficial.
(5) In accordance with § 18-2-502(3), MCA, the City hereby determines that
the utilization of an Alternative Project Delivery Contract as described
above will neither (a) encourage favoritism or bias in awarding the contract
or (b) substantially diminish competition for the contract. The basis for that
determination is as follows:
• The procedures utilized for the competitive RFQ & RFP process will
involve the same publication and solicitation processes that would
otherwise be used to competitively solicit bids from a general
contractor, i.e., publication in local newspapers, utilization of online
bidding service, etc.; and
• The target pool of qualified GCCM entities will consist — at a minimum
— of the same pool of qualified general contractor entities that would be
likely participants in a competitive bid process for construction work
only; and
The criteria utilized to select the GCCM will be those set forth in § 18-
2-503(2), MCA and any additional factors unique to the project, all of
which are intended to avoid any favoritism or bias in the GCCM
contract award process; and
At the conclusion of the GCCM selection process, the City will — as
required by § 18-2-503(4), MCA — state and document in writing the
reasons for selecting the successful GCCM candidate.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 3RD DAY OF MARCH, 2025.
Mark Johnson
Mayor
ATTEST:
Aimet Brunckhorst, CMC
City Clerk