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ANA! YS!S Purchasing Procedures; Justification County Code Chapter 105, Purchasing. sets forth bidding procedures and requires Board approval for the purchase of materials or services exceeding S5.000. Code Section 105.03 provides that bidding is not required for projects costing more than $5.000, except for certain projects specifically requiring bidding under Florida Statutes (which is not applicable in this case). Since the construction costs do not exceed $5,000 Board approval is technically not required for the proposed improvements. Notwithstanding, staff thinks it is appropriate to bring this item to the Board for consideration. Regarding selection of a contractor, staff's position is that it is appropriate and in the County's interest to select the services of Summerlin's Seven Seas for construction of the improvements without need for formal bidding, based on the following reasons. First, from past experience regarding similar structures associated with other county projects, Summerlin's price has been reasonable. Second, Summerlin's Seven Seas has consistently been the low bidder and has done competent work in a timely manner in past marine construction county bid projects (e.g , Round Island Park boardwalks and tower; Donald McDonald Park boardwalk/pier). As previously explained, the County contracted with Summerlin's Seven Seas for construction of other marine structures on the ORCA property, and there is an opportunity to amend that contract to include the ground -level boardwalk and ditch crossing. Contract The Addendum is structured similar to the ongmal contract with Summerlin's Seven Seas. The Addendum specifies that the ground -level boardwalk and ditch crossing must be completed by January 8 2001. The Addendum also provides that payment to the contractor will be in one lump sum, but only after the construction work is inspected by county staff and found to be satisfactorily completed. Since the work consists of small structures that will be constructed in a matter of weeks, and payment will be in one lump sum vs. a series of payments, the Addendum waives construction and payment bonds that were required for previous work under the onginal contract agreement. Funding Staffs position is that the appropriate funding source for the proposed construction work ($2,600, matched by the $2,400 Greenways grant) is the County's native upland "fee -in -lieu of set-aside" account. The referenced account (# 127-000-343-071.00) pertains to monies received by the County for fees -in -lieu of native upland set -asides, as required in the County's Land Development Regulations for development Habitaten projects (greater than five acres) in native upland areas County Code Section 929.05(3) Upland Protection, provides that such funds are intended for the County to use acquire conservation land or to use for the management of county acquired conservation lands. Therefore, since the proposed construction relates to conservation land management, the funds are appropriate for use for this project. _ RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Addendum 2 to Agreement, and authonze the Board Chairman to execute said document NOVEMBER 14, 2000 -109- BK 116 PG 121