Agmt24 Browning-Ferris Industries of California, Inc.

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REV: 08-28-24 LF 4. Schedule. Contractor will adhere to the schedule set forth in Exhibit “A”, provided, that City, in its discretion, may grant reasonable extensions when performance of the Services is delayed due to unusually lengthy governmental reviews or other unexpected, unavoidable circumstances. Such circumstances will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Contractor’s officers or employees. 5. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. 6. Compensation. City will pay to Contractor a not-to-exceed amount of Five Hundred Sixty Thousand Dollars ($560,000) for the completion of all the work and services described herein, which sum will include all costs or expenses incurred by Contractor, payable as set forth in Exhibit “A”. 6.1. Contractor must submit applications for payment that contain the following: 6.1.1. A clear, detailed invoice reflecting Services for which Contractor is billing City; 6.1.2. A summary sheet showing tonnage rates; 6.1.3. Number of tons accepted by material type; 6.1.4. Total price by material type 6.1.5. Amount/percent billed to date; 6.1.6. Any backup documentation reasonably necessary to substantiate the preceding items. 6.2. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its officers, agents, employees, consultants, or subcontractors (collectively, “Contractor Personnel”). City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or any Contractor Personnel. Contractor agrees to reimburse City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City makes on behalf of Contractor or any Contractor Personnel for work done under this Agreement. At the City’s election, City may deduct the reimbursable amount from any balance owing to Contractor. 7. Status of Contractor. Contractor will perform the Services as an independent contractor and not as an employee of City. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. ATTY/AGR.2024.150/Browning-Ferris Industries of California, Inc. (Disposal of soils and mixed construction debris) (Page 2 of 13)