§ 2-402. Exemptions.

(a)

Generally. Although the appropriate authority shall endeavor to obtain the highest quality professional services at the least expense, the provisions of this division shall not apply to the procurement of professional services, including, but not limited to, that of professional engineers, consultants, certified public accountants, auditors, attorneys and judges.

(b)

Miscellaneous exemptions. A contract for materials, professional services or services may be awarded without competition if the board of aldermen determines that one or more of the following conditions exists:

(1)

There exists only one responsible source;

(2)

Although there exists more than one responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the city, will otherwise injure the city's financial interests or will substantially impede the city's administrative functions or the delivery of services to the public;

(3)

A particular material or service is required to maintain interchangeability or compatibility as a part of an existing integrated system;

(4)

A particular material, professional service or service is required in order to standardize or maintain standardization for the purpose of reducing financial investment or simplifying administration;

(5)

The material is perishable;

(6)

The material qualifies as an object of fine art;

(7)

A particular material is required to match materials in use so as to produce visual harmony;

(8)

A professional advisor or consultant prescribes a particular material;

(9)

A particular material is required to enable use by a specific individual; and

(10)

The material, professional service, or service is the subject of a change order.

(c)

Construction change orders.

(1)

One or more change orders to an existing construction contract which do not exceed a cumulative cost of 15 percent of the original contract awarded pursuant to an invitation for bids or request for proposals may be executed as long as funds are available.

(2)

Any construction change order which authorizes a new improvement under a construction contract may be executed when:

a.

The new improvement is required for the completion of an improvement which is currently under construction pursuant to a competitive bidding or competitive proposal process;

b.

The new improvement results from the discovery of differing or unforeseen physical conditions at the site of the improvement under construction and is required for the completion of the improvement under construction; and

c.

An administrative finding has been made by the purchasing agent that it would be in the city's best interest to negotiate with the on-site contractor for the construction of the new improvements after recommendation of the engineer or architect.

(3)

Every contract modification, change order or contract price adjustment in excess of 15 percent of the original contract amount under a construction contract with the city shall be subject to prior approval by the board of aldermen after receiving a report from the city administrator as to the effect of the contract modification, change order or contract price adjustment on the total project budget or the total contract budget.

(Ord. No. 1783, § 1(15), 1-19-2015)