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City of Nashua, Public Works Division
Board of Public Works Meeting Date: February 29, 2016

David A. Simmons, Superintendent
Wastewater Treatment Facility

Long Term Management of Wastewater Biosolids

To approve the award of the three year contract for the Long-Term Management of
Wastewater Biosolids to Casella Organics of Concord, NH, in the amount of $1,212,030.
Funding will be through: Department: 169 Wastewater; Fund: Wastewater; Account
Classification: 54 Property Services.

Long Term Management of Wastewater Biosolids Bid Comparison

The wastewater facility operates an anaerobic digester, which digests both primary and
secondary sludge. The biosolids that are generated are designated Class B Biosolids after
anaerobic digestion. The facility requires a service provider to remove the dewatered sludge
cake from the premises. This removal is required to be in an environmentally sound manner
and be in accordance with all applicable federal, state and local laws, rules and regulations.

Requests for Proposals (RFP) were solicited from several firms on January 5, 2016 and the
offering was posted on the City’s website under reference document RFP1088-020416.

_ There was a mandatory pre-bid meeting held on January 19, 2016 with four vendors in

attendance. Pricing was requested for a three-year period on a per wet ton basis. Additional
pricing for removal of biosolids was requested for three additional one-year extensions and
for emergency removal of non-Class B biosolids.

Bids were received from two contractors as follows:
Casella Organics Concord,NH $40.90/wet ton
Resource Management, Inc. Holderness, NH $42.00/wet ton

The NWTF processes approximately 8,900 wet tons of biosolids using the newly installaed
sludge dewater equipment. It was stated in the RFP that the initial contract award shall be
awarded based on unit price per wet tons of biosolids for the three calendar years. This
results in a bid amount of $1,092,030 from Casella Organics versus a bid total of $1,121,400
from Resource Management, Inc. for three years.

In addition, it was determined that per industry standards, the use of diesel fuel surcharge
price adjustment was appropriate to protect the City from higher bid prices due to
uncertainties of future costs of diesel fuel, especially for long-term contracts. An additional
$20,000 allowance is added to contract amount to cover this cost. Also, there needs to be an
allowance to account for process upsets in which the dewatered sludge does not meet Class B
biosolids standards and the plant must pay the service provided extra costs to haul off non
Class B biosolids. An additional $100,000 is included for these situations.

References for Casella Organics have been checked and found to be satisfactory. Based upon
the submitted bids, we recommend awarding this three year contract to the low bidder,
Casella Organics of Concord, NH in the amount on $1,212,030.

Revised BID SUMMARY SHEET — Addendum 2
RFP1088-020416

PROJECT PRICING

1.

Pricing for three calendar years, per wet ton to pick up, transport

and dispose of the City of Nashua's biosolids (including

container). Amount to be invoiced and paid on a monthly basis.

Optional services:

2.

w

Ay

5.

NOTE: Class B biosolids costs include management, transport and disposal costs. Non-Class B disposat costs include management and transportation costs ona

Pricing for fourth calendar year per wel (on to pick up, transport
and dispose of the City of Nashua’s biosolids (including

container). Amount to be invoiced and paid an a monthly basis.

Pricing for fifth calendar year per wet ton to pick up, transport
and dispose of the Cily of Nashua's biosolids (including

confainer), Amount to be invoiced and paid on a monthly basis.

Pricing for sixth calendar year per wet ton to pick up, transport
and dispose of the City of Nashua's biosolids (including

container). Amount to be invoiced and paid on a monthly basis.

Allowance for fuef cost adjustments

Normal Transport
Class B Biosolids

$s 40.90 per wet ton

& 41.72 pecwet ton

55
$s 42.55 per wel ton

§ 43.40 per wei ton

$20,000 over duration of contract

combined hourly basis (does not include additional disposal costs to dispose at a site).

Comments, Exceptions, Additional Pricing Information:

Hourly Transport Casts
of Non Class B

Biosolids Onl

g_120.00 per hr

g_ 122.40 vorne

, 124.85 on,

$ 127,36 pec hr

Please see proposal for alternate proposal for transportation and disposal of non-Clas

Senge PENSE AP IGERLACER es of ME, Inc, d/b/a Casella Organics

Phone:

E-mail:

110 Main Street, Suite 1308, Saco, ME 04072

1-800-933-6474

Patrick .Ellis@casella.com

Kien bia A Lily Vf d

‘Authorized Signat
Michael R. Fiodge, Vide Brbside

(Printed Name and Title)

Fax 603-228-2010

Oz ef | 1h

(Date)

RFP1088-020416 MANAGEMENT OF WASTEWATER BIOSOLIDS ADDENDUM 2

SB Biosolids, and formula for tuer cost adjustments above $3.00 per gallon

Page.1 of 4

Estimate Yearly Costs based on Casella's Bid

Item Quantity Unit Cost Total Cost/yr Cost for 3 Yrs

1. Sludge Hauling 8900 40.9 $364,010 $1,092,030
2. $20,000 for fuel adjustments i 20000 $6,667 $20,000
3. Non Class B Transport 1 100000 $33,333 $100,000

Total Costs $1,212,030

CONTRACT FOR SERVICE PROVIDER

TITLE:

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
AND

NAME AND TITLE OF SERVICE PROVIDER

ADDRESS OF SERVICE PROVIDER

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time to
time requires the services of a Service Provider; and

WHEREAS, it is deemed that the services of a Service Provider herein specified are both necessary and
desirable and in the best interests of the City of Nashua; and

WHEREAS, Service Provider represents they are duly qualified, equipped, staffed, ready, willing and
able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The Service Provider shail complete the work described in the Contract
Documents. The following are by reference incorporated herein and are made part of this contract:
1. This Agreement signed by the City of Nashua and Service Provider, including the General Terms and
Conditions.
2. Bid Form or Proposal
3. Insurance Certificate
4. Written change orders or orders for minor changes in the Work issued after execution of this
Agreement; and
5. Fully Executed City of Nashua Purchase Order

The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which are
not listed in this Article are not part of the Contract.

2. WORK TO BE PERFORMED. Except as otherwise provided in this contract, Service Provider shall furnish
all services, equipment, and materials and shall perform all operations necessary and required to carry out and
perform the work as described in and in accordance with the specifications in the City of Nashua’s request for
proposals and the terms and conditions of the contract.

3. PERIOD OF PERFORMANCE. Service Provider shall perform and complete all work within the time periods
set forth. The time periods may only be altered by the parties by a written agreement to extend the period of
performance or by termination in accordance with the terms of the contract. Service Provider upon receipt of
shall begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City.

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The term of the contract will be for three (3) years with the first year commencing on or about July 1, 2016
and terminating on June 30, 2019. Each year is subject to annual budget appropriations and at the City of
Nashua’s discretion.

4. COMPENSATION. Service Provider agrees to perform the work for a total cost not to exceed
($) for the three (3) year term;

The Contract Sum shall include all items and services necessary for the proper execution and completion of
the Work,

Unless Service Provider has received a written exemption from the City of Nashua, Service Provider shall
submit an itemized Application for Payment for operations completed in accordance with the values stated in
the Agreement. Such applications shall be supported by such data substantiating the Service Provider’s right
to payment as the City of Nashua may reasonably require. Service Provider shall submit monthly requests for
payment for services performed under this agreement directly to:

City of Nashua
Accounts Payable

PO Box 2019

Nashua, NH 03061-2019
Atten:

To facilitate the proper and timely payment of applications, the City of Nashua requires that all invoices
contain a valid PURCHASE ORDER NUMBER.

Applications for Payment shall be submitted no later than fifteen (15) days after the end of each month. The
City of Nashua will pay for work satisfactorily completed by Service Provider within thirty (30) days from
the time of final approval by the City of Nashua of the submitted Application for Payment

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved by
the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract shall
be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage prepaid, and
registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: SERVICE PROVIDER REPRESENTATIVE:

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail. The
City of Nashua or Service Provider may change the address or representative by giving written notice to the
other party

General Terms and Conditions

1. DEFINITIONS. Unless otherwise required by the context, "Service Provider” includes any of the
Service Provider's consultants, sub consultants, contractors, and sub-contractors

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2. SERVICE PROVIDER STATUS AND PROVISION OF WORKERS’ COMPENSATION COVERAGE. The
parties agree that Service Provider shall have the status of and shall perform all work under this contract as an
independent contractor, maintaining control over all its consultants, sub- consultants, contractors, or sub-
contractors. The only contractual relationship created by this contract is between the City of Nashua and
Service Provider, and nothing in this contract shall create any contractual relationship between the City of
Nashua and Service Provider's consultants, sub consultants, contractors, or sub-contractors. The parties also
agree that Service Provider is not a City of Nashua employee and that there shall be no:

Withholding of income taxes by the City of Nashua:

. Industrial insurance coverage provided by the City of Nashua;

Participation in group insurance plans which may be available to employees of the City of

Nashua;

4. Participation or contributions by either the Service Provider or the City of Nashua to the
public employee’s retirement system;

5. Accumulation of vacation leave or sick leave provided by the City of Nashua;

6. Unemployment compensation coverage provided by the City of Nashua.

WN ee

Service Provider agrees, if not exempt, to maintain required workers’ compensation coverage throughout the
entire term of the contract. If Service Provider does not maintain coverage throughout the entire term of the
contract, Service Provider agrees that the City of Nashua may, at any time the coverage is not maintained by
Service Provider, order the Service Provider to stop work, suspend the contract, or terminate the contract. For
each six-month period this contract is in effect, Service Provider agrees, prior to the expiration of the six-
month period, to provide another written request to its insurer for the provision of a certificate and notice of
lapse in or nonpayment of coverage. If Service Provider does not make the request or does not provide the
certificate before the expiration of the six-month period, Service Provider agrees that the City of Nashua may
order the Service Provider to stop work, suspend the contract, or terminate the contract.

3. STANDARD OF CARE. Service Provider shall be responsible for the quality, accuracy, timely
completion, and coordination of all work performed under this contract. Service Provider warrants that all
work shall be performed with the degree of skill, care, diligence, and sound practices and judgment that are
normally exercised by recognized firms with respect to services of a similar nature. It shall be the duty of
Service Provider to assure at its own expense that all work is technically sound and in conformance with all
applicable federal, state, and local laws, statutes, regulations, ordinances, orders, or other requirements. In
addition to all other rights which the City of Nashua may have, Service Provider shall, at its own expense
and without additional compensation, re-perform work to correct or revise any deficiencies, omissions, or
errors in the work or the product of the work or which result from Service Provider's failure to perform in
accordance with this standard of care. Any approval by the City of Nashua of any services furnished or used
by Service Provider shall not in any way relieve Service Provider of the responsibility for professional and
technical accuracy and adequacy of its work. City of Nashua review, approval, or acceptance of, or payment
for any of Service Provider's work under this contract shall not operate as a waiver of any of the City of
Nashua's rights or causes of action under this contract, and Service Provider shall be and remain liable in
accordance with the terms of the contract and applicable law.Service Provider shall furnish competent and
skilled personnel to perform the work under this contract.

4. CHANGES TO SCOPE OF WORK. The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or work to be performed,
either increasing or decreasing the scope, character, or cost of Service Provider's performance under the
contract. Service Provider shall provide to the City of Nashua within 10 calendar days, a written proposal for
accomplishing the change. The proposal for a change shall provide enough detail, including personnel hours
for each sub-task and cost breakdowns of tasks, for the City of Nashua to be able to adequately analyze the
proposal. The City of Nashua will then determine in writing if Service Provider should proceed with any or
all of the proposed change. If the change causes an increase or a decrease in Service Provider's cost or time
required for performance of the contract as a whole, an equitable adjustment shall be made and the contract
accordingly modified in writing. Any claim of Service Provider for adjustment under this clause shall be
asserted in writing within 30 days of the date the City notified Service Provider of the change.

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5. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES,
PROFESSIONAL Service Provider warrants that it has examined all contract documents, has brought all
conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing, and has
concluded that the City of Nashua’s resolution of each matter is satisfactory to Service Provider. All future
questions Service Provider may have concerning interpretation or clarification of this contract shall be
submitted in writing to the City of Nashua within 10 calendar days of their arising. The writing shall state
clearly and in full detail the basis for Service Provider's question or position.

The City of Nashua representative shall render a decision within 15 calendar days. The City of Nashua's
decision on the matter is final. Any work affected by a conflict, error, omission, or discrepancy which has
been performed by Service Provider prior to having received the City of Nashua's resolution shall be at
Service Provider's risk and expense. At all times, Service Provider shall carry on the work under this contract
and maintain and complete work in accordance with the requirements of the contract or determination of the
City of Nashua. Service Provider is responsible for requesting clarification or interpretation and is solely
liable for any cost or expense arising from its failure to do so.

6. TERMINATION OF CONTRACT.

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its
sole discretion, shall have the right to terminate, abandon, or suspend all or part of the project and contract at
will. If the City of Nashua chooses to terminate, abandon, or suspend all or part of the project, it shall provide

Service Provider 10 day’s written notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a termination
at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Service Provider shall:

1, Immediately discontinue work on the date and to the extent specified in the notice.

2. provide the City of Nashua with a list of all unperformed services

3. Place no further orders or sub-contracts for materials, services, or facilities, other than as may
be necessary or required for completion of such portion of work under the contract that is not
terminated.

4, Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to

the City of Nashua of all orders or sub contracts to the extent they relate to the performance
of work terminated, abandoned, or suspended under the notice, assign to the City of Nashua
any orders or sub contracts specified in the notice, and revoke agreements specified in the
notice.

5. Not resume work after the effective date of a notice of suspension until receipt of a written
notice from the City of Nashua to resume performance.

In the event of a termination, abandonment, or suspension at will, Service Provider shall receive all] amounts
due and not previously paid to Service Provider for work satisfactorily completed in accordance with the
contract prior to the date of the notice and compensation for work thereafter completed as specified in the
notice. No amount shall be allowed or paid for anticipated profit on unperformed services or other
unperformed work.

B. TERMINATION FOR CAUSE. This agreement may be terminated by the City of Nashua on 10
calendar day’s written notice to Service Provider in the event of a failure by Service Provider to adhere to any
or all the terms and conditions of the contract or for failure to satisfactorily, in the sole opinion of the City of
Nashua, to complete work in a timely and professional manner. Service Provider shall be given an
opportunity for consultation with the City of Nashua prior to the effective date of the termination. Service
Provider may terminate the contract on 10 calendar days written notice if, through no fault of Service
Provider, the City of Nashua fails to pay Service Provider for 30 days after the date of approval of any
Application for Payment.

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THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS IFB

CONSTRUCTION CONTRACTOR’S
QUALIFICATION STATEMENT

On Schedule A, attached, list major engineered construction projects completed by this organization in the
past five (5) years. (if joint venture, list each participant’s projects separately).

On Schedule B, attached, list current proyects under construction by this organization, (If joint venture, list
each participant’s projects separately}

On Schedule C, attached, provide a list of project awards Vendor has received from the City of Nashua in
the past 5 years. Please include project detail, City department and City project lead

On Schedule D, attached, furnish References. Include at least three (3) professional references (business
name, contact, email address & phone number), References may be contacted as part of our preliminary
bid review to assist project committee m assessing Vendor qualifications. Current City of Nashua personnel
and elected officials shall not be used as references.

Name of Surety Company and name, address, and phone number of agent.
Travelers Casualty and Surety Company of America, 350 Granite Street, Braintree, MA 02184

Agent, Michael Sweeney of Clark Mortenson Agency, 603-352-2121

ls your organization a member of a controlled group of corporations as defined in I.R.C. Sec. 1563?

(yes [X]No

if yes, show names and addresses of affiliated companies.

Has your organization ever failed to complete any construction contract awarded to it?
[]yes [X]No

f yes, describe circumstances and provide details on attachment.

Has any Corporate officer, partner, joint venture participant or proprietor ever failed to complete a
construction contract awarded to him or her in thew own name or when acting as a principal of another
organization?

[ves {x]No

if yes, describe circumstances and provide details on attachment.

IFBO779-021022 2022 SEWER REPLACEMENT PROJECT

CQ1of?7

In the event of a termination for cause, Service Provider shall receive all amounts due and not previously paid
to Service Provider for work satisfactorily completed in accordance with the contract prior to the date of the
notice, less all previous payments. No amount shall be allowed or paid for anticipated profit on unperformed
services or other unperformed work. Any such payment may be adjusted to the extent of any additional costs
occasioned to the City of Nashua by reasons of Service Provider's failure. Service Provider shall not be
relieved of liability to the City of Nashua for damages sustained from the failure, and the City of Nashua may
withhold any payment to the Service Provider until such time as the exact amount of damages due to the City
of Nashua is determined. All claims for payment by the Service Provider must be submitted to the City of
Nashua within 30 days of the effective date of the notice of termination.

If after termination for the failure of Service Provider to adhere to any of the terms and conditions of the
contract or for failure to satisfactorily, in the sole opinion of the City of Nashua, to complete work in a timely
and professional manner, it is determined that Service Provider had not so failed, the termination shall be
deemed to have been a termination at will. In that event, the City of Nashua shall make an equitable
adjustment in the compensation paid to Service Provider. The adjustment shall include a reasonable profit for
services or other work performed up to the effective date of termination less all previous payments.

Cc. GENERAL PROVISIONS FOR TERMINATION. Upon termination of the contract, the City of
Nashua may take over the work and prosecute it to completion by agreement with another party or otherwise.
In the event Service Provider shall cease conducting business, the City of Nashua shall have the right to
solicit applications for employment from any employee of the Service Provider assigned to the performance
of the contract.

Neither party shall be considered in default of the performance of its obligations hereunder to the extent that
performance of such obligations is prevented or delayed by any cause, existing or future, which is beyond the
reasonable control of such party. Delays arising from the actions or inactions of one or more of Service
Provider's principals, officers, employees, agents, sub-contractors, sub consultants, vendors, or suppliers are
expressly recognized to be within Service Provider's control.

7. DISPUTE RESOLUTION. The parties shall attempt to resolve any dispute related to this contract as
follows. Either party shall provide to the other party, in writing and with full documentation to verify and
substantiate its decision, its stated position concerning the dispute. No dispute shall be considered submitted
and no dispute shall be valid under this provision unless and until the submitting party has delivered the
written statement of its position and full documentation to the other party. The parties shall then attempt to
resolve the dispute through good faith efforts and negotiation between the City of Nashua Representative and
a Service Provider representative. At all times, Service Provider shall carry on the work under this contract
and maintain and complete work in accordance with the requirements of the contract or determination or
direction of the City of Nashua. If the parties are unable to resolve their dispute as described above, the
parties’ reserve the right to pursue any available legal and/or equitable remedies for any breaches of this
contract except as that right may be limited by the terms of this contract.

8. NO DAMAGES FOR DELAY. Apart from a written extension of time, no payment, compensation, or
adjustment of any kind shall be made to Service Provider for damages because of hindrances or delays in the
progress of the work from any cause, and Service Provider agrees to accept in full satisfaction of such
hindrances and delays any extension of time that the City of Nashua may provide.

9. INSURANCE. Service Provider shall carry and maintain in effect during the performance of services
under this contract:

> General liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate;
> Motor Vehicle Liability: $1,000,000 Combined Single Limit;
*Coverage must include all owned, non-owned and hired vehicles.

> Workers’ Compensation Coverage in compliance with the State of NH Statutes,
$100,000/$500,000/$100,000.
5 | Page

Service Provider, sub consultants and sub-contractors at every tier will fully comply with NH
RSA Chapter 281-A, “Workers’ Compensation”.

(Sole Proprietors not subject to Workers’ Compensation requirements)

Service Provider shall maintain in effect at all times during the performance under this contract all specified
insurance coverage with insurers. None of the requirements as to types and limits to be maintained by Service
Provider are intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by
Service Provider under the contract. The City of Nashua shall not maintain any insurance on behalf of
Service Provider. Subcontractors are subject to the same insurance requirements as the Service Provider and it
shall be the Service Provider’s responsibility to ensure compliance of this requirement. Service Provider will
provide the City of Nashua with certificates of insurance for coverage as listed below and endorsements
affecting coverage required by the contract within ten (10) calendar days after the City of Nashua issues the
notice of award. The City of Nashua requires thirty (30) days written notice of cancellation or material change
in coverage. The certificates and endorsements for each insurance policy are to be signed by a person
authorized by the insurer and who is licensed by the State of New Hampshire. Certificates must name the
City of Nashua as an additional insured, except for Professional liability insurance. Service Provider is
responsible for filing updated Certificates of Insurance with the City of Nashua’s Risk Management
Department during the life of the contract. The certificate should be mailed to:

Risk Management
City of Nashua

229 Main Street
Nashua, NH 03060

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.

> If aggregate limits of less than $2,000,000 are imposed on bodily injury and property damage, Service
Provider must maintain umbrella liability insurance of at least $1,000,000. All aggregates must be
fully disclosed on the required certificate of insurance

> The specified insurance requirements do not relieve Service Provider of its responsibilities or limit
the amount of its liability to the City of Nashua or other persons, and Service Provider is encouraged
to purchase such additional insurance, as it deems necessary.

> The insurance provided herein is primary, and no insurance held or owned by the City of Nashua
shall be called upon to contribute to a loss.

> Service Provider is responsible for and required to remedy all damage or loss to any property,
including property of the City of Nashua, caused in whole or part by Service Provider or anyone
employed, directed, or supervised by Service Provider.

10. INDEMNIFICATION. Regardless of the coverage provided by any insurance, Service Provider agrees
to indemnify and shall defend and hold harmless the City of Nashua, its agents, officials, employees and
authorized representatives and their employees from and against any and all suits, causes of action, legal or
administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest, attorneys' fees, costs
and expenses of any kind or nature to the extent caused, occasioned, or contributed to in whole or in part by
reason of any negligent act, omission, or fault or willful misconduct, whether active or passive, of Service
Provider or of anyone acting under its direction or control or on its behalf in connection with or incidental to
the performance of this contract. Service Provider's indemnity, defense and hold harmless obligations, or
portions thereof, shall not apply to liability caused by the sole negligence or willful misconduct of the party
indemnified or held harmless.

11. FISCAL CONTINGENCY. All payments under this contract are contingent upon the availability to the
City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's obligations
under it shall be extinguished at the end of any fiscal year in which the City of Nashua fails to appropriate
monies for the ensuing fiscal year sufficient for the performance of this contract.

Nothing in this contract shall be construed to provide Service Provider with a right of payment over any other
entity. Any funds obligated by the City of Nashua under this contract that are not paid to Service Provider
shall automatically revert to the City of Nashua’s discretionary control upon the completion, termination, or

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