Resolution 6317 - PFAS Alternative Project Delivery ContractRESOLUTION NO.6317
A RESOLUTION BY THE CITY OF KALISPELL, MONTANA, RELATING TO THE USE
OF AN ALTERNATIVE PROJECT DELIVERY CONTRACT FOR THE KALISPELL
EMERGING CONTAMINANT PFAS — WATER SUPPLY IMPROVEMENTS 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 seeks to construct new water supply and supporting infrastructure, which
are prompted by the presence of PFAS in the City's Grandview and Armory
Sources; and
WHEREAS, the City has obtained funding to construct these improvements; and
WHEREAS, § 18-2-501 of sect. and 7-5-43, 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 —
Emerging Contaminant PFAS Water Supply Improvements 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 Robert
Peccia and Associates, 3147 Saddle Drive, Helena, Montana to provide both
design, contract, 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(5), 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 from prequalified firms and project specific
Request for Proposal (RFP) process. Subcontractors and suppliers will then
be selected through a competitive solicitation process conducted either (a)
solely by the selected GCCM or (b) by the selected GCCM in conjunction
with the City.
(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 operation and control of the City's water system. 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 delivery
of water to customers during construction of the improvements. The project
includes construction of the Buffalo Hills Pump Station which serves as the
primary control center for the City's water system. Planning and care is
needed to preserve control functions and minimize downtime during
construction of the new Buffalo Hills Pump Station. Additionally,
implementing an accelerated schedule to minimize construction duration
before the treatment media at the Grandview well is exhausted is critical to
ensuring continued compliance with drinking water standard.
(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 construct improvement at the
Noffsinger Springs Building. This building is located in area of shallow
groundwater where high hydraulic conductivity makes construction
complex. Completion of the project may employ special methods and will
be needed to preserve the integrity of the existing structure. Additionally,
this structure is aged and interior improvements for overall function of the
water system provides unique challenges. 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 for the overall benefit and preservation 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 16TH DAY OF MARCH, 2026.
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Rya unter
Mayor
ATTEST:
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Aimk Brunckhorst
City Clerk
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