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Commission delays approval of $65,951 design proposal for two ADA dune crossovers after cost and procurement concerns

2246694 · February 6, 2025
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Summary

The commission considered a $65,951 proposal by a continuing engineering consultant to design two Americans with Disabilities Act dune crossovers at Flagler Lane and South Seventh Street, questioned the price and procurement options under CCNA, and ultimately did not approve the contract after a second was withdrawn and the motion retracted.

The Cocoa Beach City Commission considered a $65,951 proposal from the city's continuing engineering services consultant to design two ADA dune crossovers at Flagler Lane and South Seventh Street but did not approve the work after commissioners questioned the cost and procurement approach.

Staff described the work as design, permitting and construction inspection (CEI) related to two ADA dune crossover structures, and noted the awardor would secure required permits, including the FDEP marine permit. Morgan Zuelke, the city’s stormwater manager, said the consultant also would “help with inspections during construction” and that the proposal includes permitting and CEI.

Public commenter John Dillon, an engineer and local contractor, supported keeping the work in Cocoa Beach and said he had worked with the consultant on other local projects. “I give a good, power back and, stay at the Cocoa Beach to keep them doing more work for them,” Dillon said in support.

Several commissioners objected to the $65,951 price tag and asked whether staff could seek a lower price or additional proposals. One commissioner noted $65,000 “is like a full time entry level engineer that ought to be able to handle this kind of job,” and another said the hourly billing rate shown in the proposal was $219 per hour.

Staff and the city attorney explained procurement constraints under the Consultants' Competitive Negotiation Act (CCNA) and the city's continuing services agreements: because the contract would be awarded under the continuing-services roster, the city cannot run a low-bid selection in the same way as a standard bid; rejecting a fee proposal under CCNA has procurement consequences. After discussion the second on the motion was withdrawn and the original motion was later retracted, leaving no award authorized at the meeting.

Why it matters: the dune crossovers are intended to improve beach access and ADA compliance; commissioners were concerned about price and wanted to ensure competitive pricing and prudent use of public funds without violating CCNA procurement rules.

Outcome: No contract award was approved at the meeting; staff was directed to revisit procurement/pricing options within legal constraints.