Agenda - Council - 06/27/2017 - Laserfiche WebLink

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Project Contractor ("USER"): Project Owner Project Name Description of Data/Files To Be Provided REQUEST TO PROJECT ENGINEER (BOLTON & MENK, INC. "BMI") FOR ELECTRONIC/DIGITAL DATA AND CONDITIONS OF USE City of Ramsey Riverdale Drive Extension Improvements A. The electronic/digital data covered by this Request was prepared by BMI as an internal working document for its purposes solely and is being provided to USER on an "AS IS" basis without any warranties of any kind, including, but not limited to implied warranties of fitness for any purpose. As such, the USER is advised and acknowledges that the information may not be suitable for the USER's application or may require substantial modification and independent verification by the USER. Information may include intentional or unintentional inaccuracies, approximations, graphical simplifications, undocumented intermediate revisions and other devices that may affect subsequent reuse. B. The electronic/digital data may not accurately reflect the printed products (also known as Hard Copies) that are signed or sealed by BMI. In the case of conflicts between the signed or sealed documents and electronic/digital data, the Hard Copies shall control. Files in electronic/digital media format of text, data, graphics, or of other types that are provided by BMI to USER are only for convenience of USER. Any conclusion or information obtained or derived from such electronic/digital data will be at the USER's sole risk and the USER waives any claims against BMI or PROJECT OWNER arising from use of electronic/digital data. C. USER shall indemnify and hold harmless PROJECT OWNER and BMI and their subconsultants from all claims, damages, losses, and expenses, including attorneys' fees and defense costs arising out of or resulting from USER's use, adaptation or distribution of any electronic/digital data provided under this Request. D. All Documents provided in electronic/digital format are instruments of service and, unless otherwise specifically identified in the Contract between the USER and PROJECT OWNER, are not Contract Documents. BMI shall retain all ownership, copyrights and property interests therein, subject to any agreement between BMI and the PROJECT OWNER. Nothing herein shall be deemed to be Accepted by: USER Date Approved: Project Engineer: (BMI) Version 04/11/07 City of Ramsey - R16.111092 a transfer of the ownership rights of BMI or those of the PROJECT OWNER to the USER and USER's rights regarding any information shall be limited those explicitly described in this Request. E. Although BMI may advise the USER of known errors or required updates in electronic/digital data provided to the USER upon discovery by BMI or notice to BMI of such conditions, the USER agrees that BMI and PROJECT OWNER are under no obligation to notify USER or correct, revise, update or otherwise maintain any electronic/digital data provided to the USER, nor shall the USER be entitled to make any claim for extra compensation or other consideration on account of using such data. F. USER agrees not to sell, copy, transfer, give away or otherwise distribute this information (in source or modified file format) to any third party without the direct written authorization of BMI, unless such distribution is specifically identified in this request and is limited to USER's subcontractors. USER warrants that subsequent use by USER'S subcontractors shall comply with all terms of this Request. G. Provision of this information does not include any license of software or other systems necessary to read, use or reproduce the information. USER assumes all responsibility to obtain any necessary software and appropriate licenses to utilize the information in any format or application. H. The USER shall compensate BMI in the amount of $120.00/per hour for all labor and expenses associated with the handling, processing and delivery of the information in an "as is" form or to adapt such information into a form which BMI, in its sole discretion, deems to reasonably reflect the limits of the accuracy or usability of the information. USER acknowledges such compensation shall be deemed to be a data processing fee and is not a design fee or part of the design fees paid by the PROJECT OWNER to BMI. Printed Name of "USER" Name and Title of Authorized Representative of USER Signature of Authorized Representative of USER Signature of Project Engineer's Representative ELECTRONIC/DIGITAL DOCUMENTS April 5, 2017 PAGE 00210-3 © Bolton & Menk, Inc. 2016, All Rights Reserved