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12-22-34 v SPECIAL MEETING OF THE TOWN COUNCIL OF ATLANTIC BEACH, FLORIDA, ziELD DECEMBER 22, 1934, AT 12 M. AT THE TOWN HALL, IN SAID TOWN. PRESENT: Lawrence K. Tucker, Jr., J. M. Bradfield, Jas. D. Palmer. The meeting was called to order by Mr. Lawrence K. Tucker, Jr., President, who explained that delay in arriving was due to an ac- cident in Jacksonville, which delayed him and Mr. Palmer 30 minutes. He stated that the purpose of the meeting was to open sealed bids for the seawall. At the request of Mr. Tucker, Col. G. A. Youngberg, made preperation to open said bids, the number of which was four. After the opening of the bids, a motion was made by Mr. Brad- field, seconded by Mr. Palmer, put and carried, that the names .of bidders, with the security put up by each, be spread upon the min- utesr and are in words and figures as follows:- Atlantic Shell Co. , J. Banks, Pres. Royal Indemnity Co.Bond $8,000.00 Okeechobee Construction Co., J. E. Price, owner, Barnett Bank cheque(Certified) . . 7,700.00 North. American Construction Co., I. H. Spalding, Treas. Atlantic Nat' l. Bank Check 7, 500.00 Shore Line Builders, Carl Weber, Pres., Barnett Nat' l. " 7,500.00 Immediately after the opening and reading of bids by Colonel Youngberg, he stated, in reply to questions from Mr. Tucker, that he had presented all bids received, that the same had been held in his personal possession and had not been opened prior to their be- ing opened in the presence of the Town Council and persons assemb- led at the meeting. He then presented a letter received by him from the North American Construction Company, signed by Mr. Ralph E. Spalding, General Manager, which he read as follows:- "Jacksonville, Florida December 22, 1934. "Town Council of Atlantic Beach, Florida Hills & Youngberg, Engineers. "Re; Seawall - Atlantic Beach Gentlemen:- Bids for seawall, ramps, etc. , were called for by you up to 10 o' clock, A. M. December 22, 1934, at the office of Hills & Youngberg, Lynch Building, Jacksonville, Florida. - We understand that three bids were received up to that hour. The bid of the Shoreline Builders, Inc. was not delivered within the time set but was delivered at 10-10, A. M. We therefore protest the bid of Shoreline Builders, Inc. The bid in order to be a legitimate bid should have been filed before 10 o' clock and therefore we submit that no bid was received from Shoreline Build- ers, Inc. Very truly yours, NORTH AMERICAN CONSTRUCTION CO . (Signed) Ralph E. Spalding, General Manager" The President or the Town Council asked for an explanation from Col Youngberg who made a statement substantially as follows: - "I, personally was somewhat delayed in arriving at my office which I did not reach until about 9; 45 A. M. I was then informed by my secretary that Mr. Fred Weber of Shore Line Builders, Inc., had arrived in the office at about 9;20 to ask a question concerning the preparation of his bid, but that he had left the office at 9;40 and stated that the bid would be presented as promptly as possible. My Secretary was instructed to call him immediately to advise him to submit his bid with the least possible delay. "Subsequently, Mr. Olson, apparently representing the North American Construction Company, called and placed his bid in my hand at 10;07 - the time being noted by an electric clock in my office which clock has subsequently been verified as being correct. "While Mr. Olson was in my private office, Mr. Fred Weber was reported to have arrived in the outer office and he then came into my room and placed his bid in my hands at 10;10 A. M. "It is true that the Public Notice calling for bids states that the bids should be in the hands of Hills and Youngberg at 10;00 A. M. The purpose of this notice was to insure the assembly of all bids at one point, so that they might certainly be in hand at the time specified for opening. This is a precautionary measure taken (1) because the office of the engineers is in Jacksonville; (2) because Jacksonvilleis also the place of business of all the members of the Town Council of Atlantic Beach; (3) because the Town Hall at Atlantic Beach is normally open for a few hours per day only and (4) because in the earliar, days of the project some delay in handling mail arose by reason of the fact that it was addressed to the post office at Atlantic Beach instead of to the offices of the engineers or members of the Town Council involved in the par- ticular case. "The official place for receiving and opening bids is, by law, the Town Hall of Atlantic Beach and the Public Notice stated that the bids would be opened at the Town Hall at 12;00 o' clock noon on this date. "The Public Notice contained a statement that "the Town reserves the right to reject any and all bids and or to waive informalities in the same." "It is my opinion that the failure to have bids in the office of Hills and Youngberg on or before 10;00 A. M. is a minor infor- mality within the intent of the Public Notice a nd that it may be waived since the delay of seven to ten minutes was of minor sig- nificance and has not operated to prejudice the rights of the Town nor of any bidder in any degree whatsoever." Whereupon, Mr. John B. Mathews, Special Attorney for the Town, stated that the point involved was a minor technicality of no sig- nificance and expressed the opinion that the protest of the North American Construction Company did not require further consideration. A motion was made by Mr. Bradfield, seconded by Mr. Palmer, put and carried, that all bids be referred to the engineers for tab- ulation, report and recommendation. There being no further business for consideration, upon motion put, seconded and carried, the meeting adjourned. Co,rret t:- rdA,t)24m7)1, /4 I -�,---'--�` President. Attest :- / C rk.