Milford chronicle., 1952-01-11
City Of Milford, Delaware
PROPOSAL FOR FURNISHING
ELECTRICAL GENERATING
EQUIPMENT
(datel

matter designated as the Municipal
ity''). subject to the terms, conditions
and provisions hereinafter set forth,
machinery and materials in accord
ance with and as described in Speci-
fcations, entitled specifications for
Furnishing and Installation Complete
of Three Diesel Generator Units,
Switchgear, Oil Fired Boiler, and Aux
iliary Equipment Exclusive of Found
ations in Municipal Light and Power
Plant, City of Milford, Delaware, Dec
embeP 1851" which Specifications are
attached to and made part OF this
Proposal.
1. Expressly subject to the provi-
sions of paragraphs 13A and 13B OF
this Proposal limiting the liabilities
and responsibilities of the Company
in those respects more fully set forth
therein, the Company will cause sald
machinery and materials TO be dehV-
cred to the Municipality at MilfOrd,
Delaware, On or before .------.--------v--'
2. Engines specified in the Specii-
cations shall he tested by the Com
pany at it's factory before shipment
and the Company guarantees each en-
CINE shall develop ----.------.------- actual
horsepower at such test.
g. When engines are unloaded ana
TRANSPORTED to foundation and prep
arations are completed, ready for such
erection. the Company shall tat the
request of the Municipality furnish
a competent engineer, who shall sup
eFintend the erection and test OF the
machinery, do all work requiring
skilled labor and instruct Municipal
ity's operators in the operation and
care of the machinery.
During the erection and testing Of
the machinery, the engineer OF the
Company shall be considered the agent
of the Municipality. II, through no
fault of the Company, its engineer
should be delayed in completing the
erection or should be delayed longer
than the stated period of test i'm COM
Dleting such test, the Municipality
shall pay $4,000 per day and all expen-
ses for each day of such delay
4. Unless otherwise specified the
Municipality shall erect the proper
and necessary foundations and bulld-
ings and shall furnish all needed COM
mon labor, carriage and materials, not
Included in this Proposal and Speci-
6catiOns, necessary for such erection
and operation, rendering at all times
friendly and needed assistance to the
Companys engineer.
3. When properly installed the Com
many guarantees that at a test to be
Conducted at the time and in the
manner hereinafter set forth, the
machinery herein specified will Oper-
ate successfully as follows:
1each bidder shall set forth the guar
antees of duty proposed by sueh plu-
der): .,o. ,,,,oi,
after referred to as GUARANTEES Ol
Duty. are specifically limited to tht
oDeration of said machinery at tes'
to he conducted only If requested DS
the Municipality at or before the com
DIetion of erection, and, II so request
n then to be performed strictly a.
the time, for the period, and IN th'
manner as hereinafter set tOrtn:
a. such test shall consist OF thre'
eight hour days operation OF sal'
machinery under the dlrectlon OF In'
engineer of the Company, VINO sIlal
have entire charge thereof. lnciudlnl
the direction Of the Municipality
engineer and all other help. The Mum
iciDality shall furnish the load nee
essary for such test, careiW com
petent engineer and sucn Otnet Ia,O 4ir-
as may be required, fuel, luDrlcatiIll
OH water, waste, lights, and all othe
fncidentals. needed for a proper tes'
rendering at all times friendly an
needed assistance. ..
Il. At the termination OF such tesl
or at any time Thereafter az aS NnlS
the Company claims that the HldCii
inery has been operated successtully
the Municipality shall give the en-
vineer of the Company written ac
ceptance of the machinery or acKno"
ledgment that the machinery mas Dee
with the Guarantees Of Duty Or
the Municipality claims that IN
machinery has not been so operate
successfully, it shall immediately an an
al the latest, within ten wv Ndy
after the completion OF such test z
e',ch claim of successful operation
notify the Company at it's oItlce
--..----.~-- by reBlsIeIS
mail. stating in what particulars tn
Municipality claims SAID macillheL
10 be defective of deficient Wltnlh u
,-oo1iirements of said GUARANTEES
D,1fv should Municipality fail to CIV
the Company such notice Wltnln u
fivoe snecified. il shall be cOlcluslNe
Snras,ru1ed that the machinery operate
enccessfully in accordance with sa
Guarantees of Duty and saali co,
efit,lte complete acceptance OF u
macbinery. The Company shall hay
q easonable time after receipt OF m
fi6cafion by the Municipality 10 ieu
edv anv defects or deficiencies clalln'
to exist. II it shall appear 10 De ID
vond the power OF the Oilpduy
make the machinery perform accoI,
Inc tn said Guarantees Of Duty VII
IT, reasonable time, ethen the Cor
many shall remove the machinery -
- exnense to the Municipality, AT
giving thirty (30) days notlCe 10
Municipality, refundlng 10 Ine "Im I'a
iciDality all purchase money pa
thereon. Whereupon all obligations d
iiahiIitv of either of the parties mere
70 the other shall cease and deteFiht'
and this agreement shall thereby u
come null and void. e.,
n If the Riuricipality fan 10
on1est tie test aforesaid, or H. lot d
Teascn other than the fault or negl'
of The Company or it's engineer su
Tast is not properly conducted VIII
a reasonable time after eonpletioi'
Installation of the machinery
Guarantees OF Duty ShaH Oe et = :
cnnclusively, to have been met d
the. Municipality shall give the 20
Danys engineer written accep'd'
of the machinery .,,o+ ,
The Company guarantees lHdI
machinery manufactured py II VII
IL proposes to furnish nereunueI
he well made, of good materlai anu
,s,orIrYoaniike manner, and that
,,r Guaranteed parts of said mac
i1erv herein proposed to be IurIliSil
~ hereafter furnished IN cOlnplIai
with the provisions OF TINS paTasIa
fail through defect IN Wwor w S.lIa-, SlilslIi'
~, material within one year from
date Of shipment thereof, respective
and specific written notice lnSTeUi
;,Sap the Company within such III
the Company shall replace sucn
faetive parts, free OF charge r. "
cars it's factory; provided tnaI' az
o1,tjon Of the Company parts clah
~ ne defective shall he returned 10
Sompsny's I % factory for inspection "
all transportation charges theTy
pTepaid by the Municipality
1,,aranties with respect TO machine
spparatus, accessories, mater'al
't1rIies not manufactured ny
Capns1v shall be limited to the
s1entive SOa1.iS' warranties of the manuis
Trers TTeTs thereof. The. Company s, s
not be Liable for any repairs or Az
ations except those made with
@necifc written consent ana aPpI. l.
and shall not ne i,a3le n3nc,,ve iVt Tr,a matoria
SHa~igTnanship Usi%g or otherwise; and. u
ol-i,t aPreed that all Fab llty