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I3. Res. 6317, Alternative Project Delivery Contract Findingsi=fTY d)F KALISPELL To: Jarod Nygren, City Manager CC: Susie Turner, PE — Public Works Director From: Keith Haskins, Deputy Public Works Director / City Engineer Re: Alternative Project Delivery Contract Findings — Resolution No. 6317 Kalispell Emerging Contaminant PFAS - Water Supply Improvements Project Meeting Date: March 16, 2026 Background: City Staff is recommending utilizing the alternative project delivery method of General Contractor Construction Manager (GCCM) for the upcoming Emerging Contaminant PFAS — Water Supply Improvements Project. The vertical water project includes: • Construction of Infrastructure to utilize (4) water supply wells near the existing Noffsinger Building • Construction of a chlorination system and other improvements at the existing Noffsinger Building • Replacement of the existing Buffalo Hills Pump Station with improved capacity to convey water from the lower pressure zone to the upper pressure zone • Construction of improvements to utilize (2) new water supply wells at Dry Bridge Park • Construction of a new building for chlorination and control at Dry Bridge Park In May 2024, the City signed a professional services agreement with RPA to design the project. As the project developed, it became clear that the project would benefit from an alternative project delivery method for several reasons: the need to construct the project in a timely manner to minimize the downtime and impact on water system operations, to procure construction materials and equipment to shorten the construction impacts, and the desire to manage project risk through early contractor involvement. The typical project delivery method used by the City is the Design Bid Build method. This linear process involves designing the project, producing construction bidding documents, publicly advertising and bidding the project, selecting the lowest responsible bidder, and then constructing the project. However, Montana law allows alternative project delivery methods, such as the GCCM, for complex projects that meet certain criteria, including significant scheduling ramification and technical complexities for system operations and physical construction. The benefits of this method include project schedule acceleration, contractor collaboration during the design process, and transparency in project pricing. The GCCM method involves selecting a qualified contractor early in the design process through a Request for Qualifications and Request for Proposals (RFQ & RFP) in accordance with Montana Code Annotated (MCA) 18-2-503. In May of 2025 the GCCM Request for Qualifications phase was completed for City Vertical Water and Wastewater Infrastructure Projects. The City deemed five contracting firms as qualified to provide GCCM service for Vertical Water and Wastewater Infrastructure Projects. To utilize the GCCM delivery method for the project, the City must, pursuant to MCA 18-2-501 et seq. and 7-5-4301 et seq., make detailed written findings demonstrating that the criteria for an alternative project delivery method have been satisfied. Those findings are set forth in the attached resolution. RECOMMENDATION: City staff recommends the City Council approve Resolution No. 6317. City Council acceptance of the document is a necessary step for the use of an alternative project delivery method to complete the final construction phases of the Kalispell Emerging Contaminant PFAS — Water Supply Improvements Project. ACTION REQUESTED: Motion to approve Resolution No. 6317 which provides written findings demonstrating the criteria are met for use of an alternative project delivery contract, GCCM, for the Kalispell Emerging Contaminant PFAS — Water Supply Improvements Project and authorize the City Manager to execute the documents. FISCAL EFFECTS: Expenditure for the Emerging Contaminant PFAS — Water System Improvements are budgeted in FY 26 and will be funded through the Emerging Contaminate Response Grant and Forgiveness Bond in the Water Fund 9 5210-447- 430551-939. ATTACHMENT: Resolution No. 6317 2 RESOLUTION 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 et seq. 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. Ryan Hunter Mayor ATTEST: Aimee Brunckhorst City Clerk