(a) Definitions. For purposes of this section only, the following definitions apply:
"Alternative Construction Delivery System" means a delivery system other than the traditional design-bid- build delivery system. An alternative construction delivery system may include, but not be limited to, a design-build delivery system and construction management.
"Alternative Construction Delivery System Contract" means a contract for the construction of a public project between the city and a person, which was awarded under an alternative construction delivery system.
"Construction management" means a delivery system that provides responsibility within a single contract for the administration, management and coordination of all aspects of a construction project from conception to completion to ensure the project is properly designed, engineered and constructed within a specific time period and budget.
"Delivery System" means the design and construction approach used to develop and construct a project.
"Design-bid-build" means the traditional delivery system used on public projects pursuant to the Municipal Purchasing Act.
"Design-build" means a delivery system that provides responsibility within a single contract for the furnishing of architecture, engineering, land surveying and related services as required, and the labor, material, equipment, and other construction services for the project.
"Municipal Purchasing Act" means the Municipal Purchasing Act for cities of five hundred thousand or more in population, 65 ILCS 5/8-10-1, et seq., as amended.
(b) In lieu of awarding a construction contract through the traditional design-bid-build process and without following the competitive bidding requirements pursuant to Illinois law, including, without limitation, section 8-10-3 of the Municipal Purchasing Act, the chief procurement officer is authorized to award contracts for construction projects utilizing an alternative construction delivery system, including, but not limited to, design-build and construction management. The chief procurement officer is further authorized to procure such alternative construction delivery systems through requests for qualifications, requests for proposals, competitive negotiations and similar competitive procurement processes as determined by the chief procurement officer to be consistent with the purposes of the projects and best interests of the city. The chief procurement officer is further authorized to include value engineering, and alterations in project scope consistent with value engineering, within such competitive procurement processes.
The alternative construction delivery system contract may be conditioned upon subsequent refinements in scope and price and may allow the chief procurement officer to make modifications in the project scope without invalidating the contract.
Except as otherwise authorized herein, such requests for proposals and contracts shall be executed and administered pursuant to the provisions of the Municipal Purchasing Act and relevant provisions of the Municipal Code.
In selecting an alternative construction delivery system and awarding a contract pursuant to this section, the chief procurement officer shall consider the following factors:
(1) the needs of the city;
(2) time requirements for the project and potential time savings strategies;
(3) the complexity of the project;
(4) estimated project costs;
(5) cost savings to the city; and
(6) any other factor the chief procurement officer deems to be in the city's best interest.
(c) An alternative construction delivery system contract will include such provisions as required by the chief procurement officer and such provisions as required by law, including, but not limited to, non- discrimination, payment of living wage, payment of prevailing wages, and M.B.E./W.B.E. participation.
(d) With respect to alternative construction delivery system contracts awarded pursuant to this section, the chief procurement officer is authorized to take any and all actions, including but not limited to the execution of the other documents, certifications and agreements, as may be necessary or desirable to implement the objectives of this section, all of which are consistent with the terms and provisions of the contracts, as executed.
(Added Coun. J. 4-9-08, p. 24621, § 2)