Finance Committee

750hour SERVICE (INSPECTION):

Engine
e Measure Valve stem projections
e Measure/Adjust valve bridge
© Measure/Adjust valve lash
e Inspect/adjust/replace Spark Plugs

Exhibit A Scope of Work

The scope of this LTSA includes all parts, materials, equipment, consumables, and labor necessary
to complete all tasks in the scope of work this will ensure the safe and reliable operation of
the PGE.

Schedule Maintenance
Engine/ generator:

Planned Cogen maintenance (includes parts, labor, travel and freight) in accordance with the
Caterpillar Maintenance schedule “SEBU7572-09” and based upon 4380 average operating hours
per contractual year:

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first written above by their respective officers thereunto duly
authorized.

FOR CUSTOMER:

James W Donchess Mayor - City of Nashua, NH
Name & Title

Date

Signed

FOR SOUTHWORTH-MILTON, INC.:

Scott Martel V.P. Power Systems
Name & Title

Date 04/18/2022

Signed Ja,

Scott Martel {Apr 18, 2027 11:40 COT}

f

k

b. Overnight delivery by a nationally recognized overnight courier
company, whereby delivery is deemed to have occurred the business day
following deposit with the courier.

c. Registered or certified mail, postage prepaid, return receipt requested,
whereby delivery is deemed to have occurred on the third business day
following deposit with the United States Postal Service.

d. Electronic transmission provided that such transmission is completed no
later than 5:00 pm ona business day and receipt is confirmed.

15.

16.

DISPUTE RESOLUTION

In the event of any dispute or controversy between the parties with respect
to or arising out of the Agreement, the Parties will first attempt to resolve
such dispute or controversy by negotiation and discussion.

In the event that a Dispute is not resolved by negotiation or discussion within
thirty (30) days, then, unless specifically stated otherwise in the Agreement,
the parties will endeavor, in good faith, to settle the dispute by mediation
before having recourse to arbitration or litigation.

3) provide for thirty (30) days’ written notice of cancellation / termination to

14.

Customer.

Delivery to and examination or approval by either party of any certificates of
insurance or other evidence of insurance shall not relieve the other party of
any of its indemnification or insurance obligations under this Agreement.

INDEMNITY

13.

1)

2)

3)

4)

5)

ft

1)

2)

INSURANCE REQUIREMENTS

Throughout the term of the Agreement (including any renewal thereof and
whether MCAT is providing operations and/or maintenance services), MCAT
shall obtain and maintain at its own expense, including the cost of any
applicable deductible, the following policies of insurance:

11

ESCALATION

Pricing under this Agreement shall be escalated in accordance with this Section 11.
Contract will be increased annually by 2% to be applied to the operational hour
rate of the Agreement ona cumulative annual basis January 15 of each contractual
year. For current service rate sheet, see Contract Pricing attached as Exhibit D.

12.

1)

2)

3)

FORCE MAJEURE

Upon termination, any dispute that has already been referred to arbitration
shall continue in the arbitration process regardless of the termination.

9. WARRANTY

Electronically via email to VendorAPInvoices@NashuaNH.gov
OR

Paper Copies via US Mail to:
City of Nashua, City Hall
Accounts Payable

229 Main Street

Nashua, NH 03060

Please do not submit invoices both electronically and paper copy.

. Customer to make best efforts to pay invoices within 30 days. Any late payment
will not result in additional fees.