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4. Ownership of Work. All maps, field notes, work data, and <br />all other documents completed or partially completed by Surveyor <br />in the performance of this Agreement shall become the property of <br />City. <br /> <br /> 5. Term. It is recognized by both parties hereto that time <br />is of the essence. Surveyor shall begin work in February, 1987. <br />The work as described in Exhibit A, Scope of Work, shall be <br />completed and be ready to submit to the appropriate Public agency <br />for checking by April 30, 1987 dependent upon weather permitting. <br /> <br /> 6. Compensation. Fee for services to be rendered <br />hereunder, City shall pay Surveyor on a time-and-materials basis, <br />not to exceed Ten Thousand Dollars ($10,000.00), based on rate <br />schedule per attached Exhibit B. Partial payment shall be made <br />on a monthly basis in proportion to the percentage of work <br />completed, upon receipt of Surveyor's invoice and the approval of <br />the Director of Public Works and Utilities as to the percentage <br />completion claimed. Payment shall be made within thirty (30) <br />days of receipt of Surveyor's invoice. <br /> <br /> 7. Additional Work. Additional work requested by the City <br />of Pleasanton not covered in the Scope of Work will be performed <br />by Darryl Alexander - Land Surveyor at the hourly rates shown on <br />the Rate Schedule attached. <br /> <br /> 8. Changes. City may request, from time to time, changes in <br />the scope of services to be proved by Surveyor. Any change shall <br />be mutually agreed upon between City and Surveyor. <br /> <br /> 9. Surveyor's Status. In the performance of the obligations <br />set forth in this agreement, Surveyor shall have the status of an <br />independent contractor and Surveyor shall not be considered to be <br />an employee of the City for any purpose. All persons working for <br />or under the direction of Surveyor are his agents, servants, and <br />employees and are not agents, servants, or employees of City. <br /> <br /> 10. Termination of Convenience of City. The City may <br />terminate this agreement any time by mailing a notice in writing <br />to Surveyor that the Agreement is terminated. Said Agreement <br />shall then be deemed terminated, and no further work shall be <br />performed by Surveyor. If the Agreement is so terminated, the <br />Surveyor shall be paid for that percentage of the work actually <br />completed, based on a pro rata portion of the total fixed sum <br />compensation described in Section 6 herein at the time the notice <br />of termination is received. <br /> <br /> 11. Non-Assignability. The Surveyor shall not assign, <br /> sublet, or transfer this Agreement or any interest or obligation <br /> therein without the prior written consent of the City, and then <br /> <br /> - 2 - <br /> <br /> <br />