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HomeMy WebLinkAboutResolution - 1846 - Contract - Westinghouse Electric - Relay Control Panels - 09_27_1984I Resolution #1846 September 27, 1984 Agenda Item #42 DGV:cl RFSnI IITTnm BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the City of Lubbock and Westinghouse Electric Supply Corporation, for relay control panels, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of September 1,1984. ALAN H Y, MA 0 ATTEST: Gig an to Boyd, City Sec et y APPROVED AS TO CONTENT: d e Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: l Do Vandiver, Assistant City Attorney ell EXTRACT FROM MINUTES OF MEETING OF THE BOARD OF DIRECTORS OF WESTINGHOUSE ELECTRIC CORPORATION HELD ON SEPTEMBER 29, 1982 RESOLVED, that, effective October 1, 1982, the Chairman, the President, the Vice Chairman, each Executive Vice President, each Vice President and the Secretary of the Corporation is hereby authorized, in the ordinary conduct of the Corporation's business, (i) to sign all bonds and obligations, (ii) to sign, execute and bind the Corporation with respect to all contracts, deeds, leases, powers of attorney, releases, waivers, claims documents and other documents of a contractual nature and (iii) to sign applications for regulatory permits and licenses and other governmental forms, other than tax returns, on behalf of the Corporation, and the Secretary (if he shall not sign the document) or an Assistant Secretary is authorized to affix the corporate seal thereto and to attest the same; provided, however, that each of the above -specified officers is also authorized to delegate his respective signature authority by a writing (x) specifying the scope of the authority being delegated by the writing, (y) identifying the delegate either by name or as the incumbent of a position and (z) advising the delegate that he or she shall have no authority to redelegate the signatory authority being delegated; and provided, further, that none of the above -specified officers shall have any authority to bind the Corporation during such period that his then current assignment may require his residence in any country other than the United States of America, its territories and possessions; I, R. E. PETERS, Assistant Secretary of Westinghouse Electric Corporation, DO HEREBY CERTIFY that the foregoing is a true and correct copy of resolution adopted at meeting of the Board of Directors of said Corporation held on September 29, 1982, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation. Dated: 1-2 Assistant Secretary 0441W/61 IM % From WIN Date December 30, 1983 Subject: Signatory Authority Delegation Branch Managers To WESCO, Midwestern Division cc& R. F. Pugliese Pursuant to a resolution of the Board of Directors adopted on September 29, 1982, I hereby delegate to you the signatory authority set forth in the last paragraph of this letter. You shall not redelegate this authority to any other person. In exercising this authority, you should ensure in all. - cases that the documents have been reviewed and approved by the Law Department and other appropriate corporate departments prior to execution by you. This delegation of signatory authority is not a delegation of, or change in, the grants of authority otherwise imposed on officers and employes of the Corporation and should not be exercised in any manner which is in derogation of the grants of authority. Accordingly, you should be familiar with the applicable grants of authority and make sure that review and approval procedures required thereby have been followed. This delegation of authority will expire on December 31, 1984 unless extended or terminated earlier by me. You are hereby authorized in the ordinary conduct of the Corporation's business to sign bonds and obligations and to execute contracts, bids and other documents of a contractual nature on behalf of the Corporation. G. E. Ni et d President WESCO 5814N Discard Date: CHUBB & SON INC. Manager CHUBB 51 John F. Kennedy Parkway, Short Hills; New Jersey 07078. FEDERAL INSURANCE COMPANY PERFORMANCE AND PAYMENT BOND Bond No. Amount $ Know all Men by these Presents, That we, Westinghouse Electric Supply Company P.O. Box 2610, Lubbock, Texas 79413 (hereinafter called the Principal), as Principal and the FEDERAL INSURANCE COMPANY, of 51 John F. Kennedy Parkway, Short Hills, N.J., a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock Lubbock, Texas (hereinafter called the Obligee), in the sum of One hundred ninety nine thousand, two hundred and one and no/100---------------------------------- Dollars ($199, 201 .Op for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain Contract with the Obligee, dated September 27 , 19 84 for Relay Control Panels Bid No. 8082 Spec. # SE-0201-1-072084 in accordance with the terms and conditions of said contract, which is hereby referred to and made a part POWER & ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New Jersey Corpc tion, has constituted and appointed, and does hereby constitute and appoint J. A. Finley, H. T. Wilkins III, Gertrude Crocker and Howard Cowan of Lubbock, Texas and April K. Harbaugh of Dallas., Texas ---------- each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anyth specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Custo or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City. Town, Villa! Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds, Workers' Compen tion bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. M Witness Whereof. the said FEDERAL INSURANCE COMPANY has, pursuant to Its By -Laws, caused these presents to be signed by Its Assistant Via -President and Assistant Secretary and lu corporate seal to be hereto affixed this 9th day of November 19 83 corporate FEDERAL 7t::rLY By rge McClellan Assistant Via -President STATE OF NEW JERSEY . SS. I County of Somerset on this 9t h day d November 19 83 , beforeme personally came Richard D. O'Connor to me known and by me known to be Assistant Secretary of the FEDERAI. SURANCE COMPANY, the corporation described in and which executed to foragoing Power of Attorney, and the said Richard D. O'Connor being by me duty sworn, did depose and say that he is Assistant Secret, of the FEDERAL INSURANCE COMPANY and knows Me Corporate teal thereof; that did seat affixed to the foregoing Power of Attorney is such corporate seat and was Manila, affixed by authority of the By -Ls of said Company, grid that he signed said Power of Attorney as Assistant Secretary of said Company by Oka authority; and that he is acquainted with George McClellan grid knows him to be"Assistant V-a Preaidi of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is In the genuine handwriting of said George McClellan and was thereto subscribed by authority of a By -Laws and in deponent 's rg,1g(n� e. e` Notarial Seal SOTAsr PGBLIt STATE OF NEW JERSEY SS County of Somerset Swan to before me above written. CERTIFICATION f PATRICIA RYAN v MARY PUBUC OF NEW JERSEY Wiy Commission Expires December 11, 1983 I, the undersigned. Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following Is a true excerpt from the By -Laws of the said Company as adopted by its Board of Direct on March 11, 1953 and most recently emended March 11, 19a3 and that this By -Law is in full fora and affect. "ARTICLE XVOI. Section 2. AN bonds, undertakings, contracts and other Instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behal(of the Company either by the Chairman or the Vice -Chairman or the President or a Vice -President. jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more off"m or awxneys4n-lact designated M any resolution of the Board of Directors or the Executive Committee, or In any power of attorney executed as provided for In Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of anomey. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the Vice -Chairman or the President or a Vice -President or an Assistant Vice -President, jointly with the Secrstary or an Assistant Secretary, under their respective designations, The signature of such officers may be engraved, printed orlithographed." ographed." I further certify that Bald FEDERAL INSURANCE COMPANY is duty licensed to transact fidelity and surety business In each of the States of the United States of America, District of Columbia, Puerto Rico, and each of Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole suretyon bonds, undertakings, sic., permitted or required by law. 1, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full face and effect. G iven undo r my hand and the seat of said Compan y at Wa rren, N.J., this ZO oayof October _to 4 Corporate SealOeOXw, R Assistant Secretary Z PR Form 21.10,= (Ed. 7-83) GENERAL u.