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t9-43
<br />
<br />sion B, Addition to .Sanitary Sewer System, F.W.A, Dooket.,VA. 4~P-14t, has left the 0ity and aban~
<br />doned the contract and has Eailed.to cemply-.-with .eeve~a-1 provisions, of the contract..
<br /> Under the conditions, hl_s sub-contractor, A; Stanley .Mundy & Co.,
<br />Inc., could net carry on and has- also. st~pped wo.rk, ing~..
<br /> ! not, fled the New Amsterdam Casualty Company, the Surety, of his
<br />default and .requested it to complete the, oontrac~ or ma~e good to ~he~ City any loss which may
<br />be sustained on account of.the contractorls default.
<br /> I received a letter from the New Amsterdam Casualty Company, in
<br />the following words:
<br />
<br />~Bal~tmore, Md., June 29~h, 1943
<br />
<br />Bubject - Olaim 46392 - Ben, liE99 -
<br />Angelo Lucenti trading a~s~Meade-Gon-
<br />struction Company - City of Portsmouth, Va.
<br />Division B
<br />
<br />Mr. Arthur ~. Owens,
<br />City Manager,
<br />Port~mouth, Va.
<br />
<br />Dear Sir:
<br />
<br /> We received your letter of June 23rd, 1943, advising us that An-
<br />geto Luoenti, trading as Meade Construction Company, has done nothing with respect to your no-
<br />tice ~o him, dated June 12th, 1943, nor has he made good his default o~ contract Division B,
<br />~nd notifying us as Surety for Meade Gonstrmction OompanY in re said Division B, contract to
<br />~omplete the said contract and/or make good any loss that t~e City of Portsmouth may sustain
<br />in mnneotion therewith.
<br /> The work contemplated by the Meade ConstrmotiOn Company con~ract
<br />hereinbefore referred to, can not be completed within the timeallowed thereunder. ~ On ~ondi -
<br />tion that an appropriate extension of the contract time will be allowed us in the completion
<br />of same, our Company as theturety for t~he Meade 0onstruction Company will complete the con -
<br />trac~, designated "Division 'Be F.W.A. Docket VA ~-141", aoc0rding to the sal~ contract
<br />provisions, plans and specif£oations, provided any and all payments under the said contract,
<br />whether earned or to be earned, Including the final payment, retained percentage and any pay-
<br />memts fo~ additional or extra work, will be made by the City of Portsmouth to our Company in
<br />the formof vouchers or checks, payable to the New Amsterdam Casualty-Company, payee,and pro-
<br />vided further is immediately paid by the Oity of Portsmouth for a~ and all amoumts earned
<br />der the said contract, less the-retained percentage, to'date.
<br /> Our Go,party will not~ be. able ~o proceed with the completion of the
<br />contract until we receive your w~ten acceptance of our proposal as herein outlined. Please,I
<br />therefore, send us your repl~ tmmediat~ly.
<br /> · ou will oos~rve that I have sent a copy of this letter to M~.
<br />Keller of the Federal Works Agency, at. Richmond.
<br />
<br />Verytr~_ly yours,
<br />
<br />~.Ot Hartm~, Manager & Attorney.~
<br />
<br /> I recommend that~hs~NewAmsterdamCasualty Company be permitted
<br />to complete ~he'contraet by O~tobe~.lst;~ 19~3, without imposing ~galnst it up to that date
<br />the~da~ly ~penalty~presoribed-f~'the ~entract. 'I also recommend that the payments set forth in
<br />the letter of the ,New Amsterdam Casualty Company ~e made to it, less any surplus that might
<br />remain over aud above the cost of completing t~he work, plus~e payment of ali b ills applicable
<br />to the contract. The said surplus shall be paid to the NeW Amsterdam Oasualty Company only
<br />upon ~he ~eceip~of a suffi$ie~t~bc~given ~ it to prote~t the City against any claims made
<br />against the City by Angelo~ Lu~enti~er his a~igns for such ~urplus.~
<br />
<br /> Motion of Mr. Hmtchlns to concur in the Manager's recommendation
<br />was adopted, and by the following'vote:
<br />
<br />Ayssl Leigh,.Fox, Hutchlhs , Lawrence, Warren, Wilson
<br />Nays: None
<br />
<br />On motion adjourmed.
<br />
<br />City Clerk.
<br />
<br />
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