Contract_4689_-_RCCC_New_Potable_Water_Tank_-_Appendix_H.pdf

CONTRACT 4689

SPECIAL PROVISIONS

APPENDIX H

SURVEY DATA RELEASE WAIVER

Docusign Envelope ID: CD74AB84-4671-8418-818D-87C637D27578

David Villanueva County Executive

Claudia Wade, Chief Engineering Division

County of Sacramento

Dave Defanti Deputy County Executive

Community Services Agency

Troy Givans, Director

Community Development Department

DISCLAIMER AND TERMS OF USE

Thompson Builders Corporation, doing business as Thompson Builders Corporation (“Contractor”), has requested survey control point coordinate and elevation values (“Control Values”) from the Sacramento County Community Development Department, Engineering Division– Survey Section (“County”) for its use on the RCCC Water Supply Water Tank (4689) (“Project”). Contractor proposes to use the Control Values for automated machine guidance (AMG) systems and/or construction activities. County agrees to disclose the Control Values pursuant to the terms set forth below:

1. Contractor shall use the control values solely for the Project, and shall not use the Control Values for any other purpose. Contractor shall use its best efforts to prevent and protect the Control Values, and any part thereof, from disclosure to any person or entity other than Contractor’s employees, sub-contractors, or agents having need for disclosure in connection with Contractor’s authorized use of the Control Values. Contractor shall not disclose, publish, or otherwise reveal any of the Control Values received from County to any other person or entity, except with the specific written authorization of County.

2. County shall provide Control Values, for use with GNSS equipment on the Project, directly to Contractor’s on-staff California licensed land surveyor, or hired survey consultant, who acknowledges and accepts responsibility (responsible charge) for work related to the Control Values, per California Business and Professional Code sections 8725 - 8725.1, 8726 and 6731 - 6731.1, as well as section 404.2 of title 16 of the California Code of Regulations, together with any other applicable local, state, and federal codes, ordinances, rules, and regulations.

3. Although the Control Values have been processed, prepared, and produced from methodologies believed to be reliable, County makes no express or implied warranty regarding their accuracy, quality, content, suitability, adequacy, completeness, legality, reliability, timeliness or usefulness. This disclaimer applies to both isolated and aggregate uses of the Control Values. County provides the Control Values on an “as is” basis. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights are disclaimed. Contractor expressly acknowledges that use of the Control Values is at its sole risk.

4. Neither County nor its officials, officers, employees, contractors, agents, volunteers, or contributors shall be held liable for any improper or incorrect use of the

Docusign Envelope ID: CD74AB84-4671-8418-818D-87C637D27578 chavezn Rectangle

Control Values, or from any results obtained therefrom, and assumes no responsibility for Contractor’s use of the Control Values. In no event shall County or its officials, officers, employees, contractors, agents, volunteers, or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages however caused and on any theory of liability, whether in contract, strict liability, tort (including negligence or otherwise), or any other theory arising in any way out of the use of the Control Values.

This disclaimer of liability applies to any damages or injury, whether based on alleged breach of contract, tortious behavior, negligence or any other cause of action, including but not limited to damages or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, and/or theft, destruction or unauthorized access to, alteration of, or use of any record or document contained in the Control Values.

5. Contractor agrees to defend, indemnify, and hold harmless County, its officials, officers, employees, contractors, agents, volunteers or contributors from and against all claims and expenses, including attorneys’ fees, arising out of Contractor’s use of the Control Values.

6. The Control Values shall remain the property of County, and County may use such Control Values for any purpose. Nothing contained herein shall be construed as granting or implying any transfer of rights in the Control Values to Contractor.

7. The person(s) executing this disclaimer represents and warrants that he or she is duly authorized and has legal authority to execute this disclaimer and deliver it for or on behalf of Contractor.

Accepted and acknowledged by the undersigned officer(s)/sub-contractor on behalf of Thompson Builders Corporation, doing business as Thompson Builders Corporation, on ______________, 2026:

Thompson Builders Corporation, doing business as Thompson Builders Corporation Representative:

Signature: _____________________

Name: ________________________

Title: _________________________

CA Licensed Land Surveyor/Professional Engineer

Signature: _____________________

Name: ________________________

Company: _____________________

LS/PE Stamp:

Survey Control Values - Transfer Disclaimer

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