20160628_Digital_File_Request_Electronic_Files_for_Tillery.pdf

AG-2B46-S-16-0006

June 28, 2016

REQUEST FORM FOR ELECTRONIC FILES

Project Name: Tillery WRP

Project Location: Halifax County

NRCS Easement Number: 6645320900RQJ

Contract Number: AG-2B46-16-0006

The Recipient named below agrees, without exception, to the following terms and conditions:

1 Recipient confirms its request to NRCS for electronic files listed below, which Recipient understands are to be provided only in accordance with, and conditioned upon, the terms and conditions of this Request Form.

2 The Recipient may use the Electronic Files listed below for the sole purpose of reference for information related to the Project listed above. Any electronic files provided are strictly for the use of the Recipient in regard to the Project named above, and shall not be utilized for any other purpose or provided by the Recipient to any entity other than its subcontractors for the Project named above.

3 Recipient acknowledges: that the Electronic Files listed below do not contain all of the information of the Bid Documents or Contract Documents for the construction of the Project; that information in the Bid Documents or Contract Documents may be revised or modified in the future; and that NRCS does not have and will not have any duty or obligation to advise or give notice to Recipient of any such revisions or modifications. Recipient agrees that its use of the electronic files is at the Recipient’s sole risk of liability, and that the Recipient shall make no claim or demand of any kind against NRCS arising out of Recipient’s receipt or use of the Electronic Files.

4 NRCS makes no representation or warranty of any kind, express or implied, with respect to the Electronic Files listed below and specifically makes no warranty that the Electronic Files listed below shall be merchantable or fit for any particular purpose, or accurate or complete. Furthermore, any description of said Electronic Files listed below shall not be deemed to create an express warranty that such Electronic Files listed below shall conform to said description.

5 Electronic Files listed below are provided strictly as a courtesy by NRCS solely for the convenience of the Recipient, and are not part of the Bid Documents or Contract Documents for the Project. As stated herein, the possibility exists that the Electronic Files listed below may differ from the Bid Documents or Contract Documents for construction of the Project. NRCS shall not be responsible for differences between Electronic Files listed below, the Bid Documents, and Contract Documents. The Bid Documents or Contract Documents for the Project may be modified by NRCS at any time, either before or after construction begins.

NRCS has no responsibility, either before or after any such modification, to determine or to advise the Recipient whether any such modification causes Electronic Files listed below to the Recipient to be out of date, inconsistent with the Bid Documents or Contract Documents, or otherwise unsuitable or unfit for use in any way. The Recipient assumes all risk and liability for any losses, damages, claims, or expenses resulting from its receipt, use, or possession of Electronic Files furnished by NRCS.

6 All quantities shall be field verified by contractor and NRCS is NOT responsible for takeoff quantities.

Files are strictly direct output from AutoCAD Civil 3D, again NRCS shall NOT be responsible for accuracy of quantities within the files; contractor shall be responsible for verifying quantities. NRCS is not responsible of the any changes to the geometry, location, position, and/or reference should upon contractors import the files become different from the files that were used to produce the bid documents. Contractor shall use files for developing takeoffs at his/her own risk; NRCS shall not be responsible for any takeoffs developed by the contractor from the files mentioned below.

7 The Recipient agrees to indemnify, defend and hold harmless NRCS, its officers, agents, and employees, from and against any and all claims, suits, losses, damages or costs, including attorney’s fees, arising from or by reason of the Recipient’s use of Electronic Files provided by NRCS, and such defense and indemnification obligation duties shall survive any use under this Request Form.

8 All CADD files provided by NRCS hereunder shall be AutoCAD files (*.dwg/dxf/xml) in a format/version determined solely by NRCS. The Recipient agrees that NRCS shall have no responsibility whatsoever for problems of any nature arising from the conversion of the files by the Recipient or others for use in non-native applications. NRCS will not provide files in compressed formats. Recipient agrees to accept the files in the format provided by NRCS, and that Recipient’s conversion shall be at Recipient’s sole risk.

8. Recipient acknowledges: (1) the CADD files provided by NRCS are a graphical representation of the Project in order to generate two-dimensional industry standard drawings; (2) the CADD data may not be 100% accurate and should not be used for dimensional control, Site layout, shop drawings, or any other similar purpose; (3) any schedule of materials produced directly from the CADD files have not been checked for accuracy; and (4) the information in the CADD files should be used only for comparative purposes and shall not be relied upon for accurate quantity estimates or used in establishing pricing. Recipient shall be responsible for verifying information should they choose to use the files listed below in any manner described above.

9. NRCS, at its sole discretion, may modify the Electronic files before they are provided to the Recipient. Such modifications may include, but are not necessarily limited to, removal of certain information. NRCS, in its sole discretion, may refuse to provide some or all Electronic Files requested by Recipient.

10. The availability of Electronic CADD Files that were not prepared by NRCS is subject to the consent of the Owner or consultant that prepared those Electronic Files. NRCS will not negotiate with the Owner or consultant or repeatedly solicit the Owner or consultant to obtain such consent. Neither this Request Form nor any such separate Consultant’s consent may be assigned or transferred by Recipient to any other person or entity.

11. This Request Form contains all applicable terms and conditions relating to the provision of Electronic Files listed below to the Recipient by NRCS. No other terms and conditions apply. This Request Form shall become part of the Bid Documents or Contract Documents for construction of the Project named above, and the terms and conditions defined herein are subject to any provisions of the Contract Documents for the Project. However the Electronic Files listed below are not part of the Bid Documents or Contract Documents for construction of the project named above and the terms and conditions defined herein are not subject to or superseded by any provision of the Contract Documents for the project, nor do these Electronic files listed below modify the Bid Documents or Contract Documents.

12. This Request Form, and the use of Electronic Files, is not subject to any Uniform Commercial Code, and this Request Form shall not be construed to be a sale of any goods or products under any provision of any Uniform Commercial Code, or other statute, law or regulation and shall not be construed as an agreement for performance by NRCS on behalf of the Recipient.

13. The Electronic Files listed below provided to Recipient shall not be provided to others, except for those with direct contract with Recipient. The Electronic Files listed below shall not be posted on any website, linked, or otherwise provided to any other person or entity. Recipient shall be responsible for any use by parties to whom the Recipient has provided the Electronic Files, including responsibility for the defense and indemnification obligation provided for in this Request Form. Recipient agrees it shall have no right to furnish or provide the Electronic Files listed below in any litigation, administrative proceeding, arbitration or mediation except with the express written consent of NRCS.

NRCS Provided Electronic Files

1. Planting Areas and LOD.dwg

2. SURFACES and ALIGNMENTS.xml

RECIPIENT

NAME: _________________________________________________

COMPANY: _________________________________________________

ADDRESS: _________________________________________________

PHONE: _________________________________________________

EMAIL: _________________________________________________

By signing below I agree with all the terms and conditions outlined above.

SIGNATURE: _________________________________________

Date: _________________________________________