AG 23-066 - SEATTLE PUBLIC UTILITIESRETURN TO: PW ADMIN EXT: 2700 ID #: 4214
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Streets
2. ORIGINATING STAFF PERSON: Curtis D. Moser EXT: 2733 3. DATE REQ. BY:3/31/23
3. TYPE OF DOCUMENT (CHECK ONE):
O CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
® PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
❑ OTHER
4. PROJECT NAME: WSRN Annual Purchase Agreement
s. NAME OF CONTRACTOR: Seattle Public Utilities {WSRN}
ADDRESS: PO Box 34018 TELEPHONE:206-684-5630
E.-MAIL. gavin.schrocka-sea#Ee.aov FAx:206-684-7396
SIGNATURE NAME: Gavin Schrock TITLE: Englneed no Technician
6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE # ply, BL, EXP. 12/31/ UBI # . EXP. /,/
7. TERM: COMMENCEMENT DATE: 11 f COMPLETION DATE: 03/31 /2024
8. TOTAL COMPENSATION: $1 ,900.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑ YES ® NO IF YES, $ PAID BY: ❑ CONTRACTOR ® CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
O PURCHASING: PLEASE CHARGE TO: 101-4400-240-542-30410
9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
A PROJECT MANAGER CE 3/1512023
A DIVISION MANAGER CE 3/15/2023
A DEPUTY DIRECTOR osw 3/lW3
A DIRECTOR
—-
❑ RISK MANAGEMENT (IF APPLICABLE)
8 LAW DEPT KVA 3/15/2023
10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: 02106/23 COMMITTEE APPROVAL DATE: 02/06123
SCHEDULED COUNCIL DATE: 02/21/23 COUNCIL APPROVAL DATE: 02/21/23
11. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 9-0 23 DATE RECJ). 3 21 f
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNED
❑ FINANCE DEPARTMENT
❑ LAW DEPT
�3SIGNATORY (MAYOR O 1RFf:TOR
6 CITY CLERK -ALL- VJ
In ASSIGNED AG # AG# 23-066
❑ SIGNED COPY RETURNED DATE SENT: 3/23/2023
COMMENTS:
EXECUTE" , ORIGINALS
I /2020
WASHINGTON STATE REFERENCE NETWORK
Subscriber Agreement Checklist
WSRN Partner:
Company/Entity Name, CITYOFFEDERAL WAY
To be invoiced as: Same
Subscription Type: Single Login ($1,900): m
(check all that apply) Five Logins ($5,700):
Ten Logins ($10,000):
20 Logins ($15,000):
40 Logins ($20,000):
Converted from Test Account? YO N _
Date of test account expiration /23 1
Notes:
Amount to be invoiced by SPU A/R annually- $ 1,900
Agreement and Application Received by:
Name Gavin Schrock Date o3�/20/2�023
Initials4�-
Mail or Email m
Agreement and Application Reviewed by:
Name Dean Huber Date03/RO/2923
Initials'
Signed by Engineering and Technical Services Director
Name Tanya Treat Date03/R0/20R3
Initials 7r
Signed by Subscriber
Date of Signature 03/2p/202/3 Date Received/Filed 03�20/2923 Initials
WSRN Logins:
Creation Date 03/2p/2073 # of Logins 1
Initials.
Copy sent to SPU A/R by: ,
Name Gavin Schrock Date03y20/2p23
Initials
Inter -Office Mail or Hand -Carried
Scan/Email m
Subscriber has provided a billing address and email? Y®
N
Name Gavin Schrock Date)3/�0/2923
_
Initials
www.wsrn.orq m 206-684-5630(v) • gavin.schrock@seattle.gov
Page 1 of 1 V8 January 2023
WASHINGTON STATE REFERENCE NETWORK AGREEMENT
Subscription Account
This Washington State Reference Network Agreement (the "Agreement") is
made and entered into by and between the City of Federal Way, herein
referred to as (the "subscriber") and the City of Seattle, acting by and
through Seattle Public Utilities (the "City"). The subscriber and the City
are sometimes referred to individually as the "party" and collectively as
the "parties."
1 RECITALS
A. Using data from satellites owned by the United States of America,
global positioning systems ("GPS") can provide efficient methods for
surveying and mapping activities related to utility, transportation
and other public capital improvement projects. The speed and
accuracy of such technology can be enhanced by linking GPS
continuously operating reference stations ("CORS") to a central
processing center ("CPC") in a real time GPS network ("Washington
State Reference Network" or "WSRN"). Each CORS will transmit live
GPS satellite data to the CPC for processing, distribution of real time
positioning corrections to members of the WSRN and other
authorized users, archiving, and posting on a web page application.
B. The WSRN was created by the City as a cooperative effort with other
governmental agencies that will operate CORS within the State of
Washington. The WSRN eliminates duplication of equipment,
software and operational expenditures, while providing greater
coverage and accuracy of real time positioning solutions and data
from each CORS. Entities that operate CORS, or otherwise
contribute to the infrastructure of the network, under agreement
with the City are known as "members" of the WSRN, and are
provided with access accounts by agreement. Users of the network
services with access accounts under agreement with the City for an
annual fee are known as "subscribers".
C. Each party has determined that cost savings and other public
benefits can be achieved if the party becomes a subscriber of the
WSRN.
Page 1 of 10 V8.1 January 2023
NOW, THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows:
2 AGREEMENT
1. CENTRAL PROCESSING CENTER (CPC)
1.1 The City shall own and be responsible, at its expense, for all
aspects of the operation and maintenance of the CPC, including
without limitation servers, GPSNet and other software
necessary for the CPC to accomplish its tasks as set forth in
this section 1.
1.2 Based on received data streams from a grid of CORS, the CPC
will send system information and real time corrections via
cellular connections to the subscriber's mobile devices for
positioning, locating and navigating with satellites of the GPS.
The CPC also shall make data files available for static GPS post
processing.
1.3 The City shall operate and maintain a web application to
display the system status, data generated by GPSNet software
for notification of system status, availability, component
quality, static data files, and general information.
1.4 The City will provide telephonic Help Desk services, from
Monday through Friday, 9:00 a.m. to 3:00 p.m., but only to
troubleshoot connections to the CPC servers. The Help Desk
will not answer questions concerning subscriber's hardware or
software, surveying or other field data collection methods,
commercial cellular connections, or system status or
monitoring report data that is otherwise available from the web
application.
1.5 The City shall provide centralized data logging and archiving,
access to CORS logged data files, access to real time corrections
via wireless technology, and system monitoring for the WSRN.
1.6 The services to be provided by the City and described in this
section 1 are referred to as the "WSRN Services."
Page 2 of 10 V8.1 January 2023
2. CONTINUOUSLY OPERATING REFERENCE STATIONS (CORS)
This section applies to WSRN members; those entities that operate CORS, or otherwise
contribute to the infrastructure of the network, under agreement with the City. This section has
been included in the body of this agreement to provide context to provisions cited in section 6.
2.1 By agreement with the city, WSRN members own and operate
their own CORS. For the duration of said member agreements,
each CORS provides to the CPC unlimited 24-hour-a-day
access via Internet protocol to a data stream from each of the
respective CORS. The data streams are in a form suitable for
the GNSS network software at the CPC. Failure to provide data
streams in such a form subjects the respective members to the
provisions of section 3.6. The member shall be responsible for
all costs associated with the acquisition, installation,
configuration, compatibility, operations, maintenance, and any
upgrades of its CORS. An individual subscribers is not
responsible in any way for the acquisition, installation,
configuration, compatibility, operations, maintenance, and any
upgrades of any member CORS, unless a subscriber has
entered into a separate member agreement with the city.
2.2 By agreement, members agree to give the City 48 hours' written
notice before any of the members CORS is taken out of service
for planned maintenance. If members CORS temporarily stops
operating on an unplanned basis, the member shall notify the
City in writing as soon as practicable.
2.3 The members have agreed to give the City 180 days' written
notice before the member discontinues operation of a CORS.
The City may, within 60 days of receipt of such notice or in
accordance with section 3.8, notify the member that the City
desires to assume operation of a non -operating or inadequately
operating CORS. In such event, the members have agreed to
grant the City the right of access to that CORS for as long as
the City operates it; the City shall refund the pro-rata portion of
the any annual fees specified in the original member agreement
and the member will have no further responsibility for that
CORS.
2.4 For the duration of this Agreement, the subscriber may
participate with other members of the WSRN in a technical
advisory committee to be staffed and administered by the
members and subscribers. This committee may identify
solutions, upgrades and other desired enhancements to the
WSRN.
Page 3 of 10 V8.1 January 2023
3. CPC ACCESS
3.1 For the duration of this Agreement, the subscriber shall have
unlimited access via the number of accounts to be invoiced for
per attached application form; provided, that such accounts
may only be used by the individual subscriber, their company,
or public sector entity (if subscriber represents a public sector
entity) unless otherwise permissible as specified in section 3.4.
3.2 Authorized account users shall access WSRN Services only via
authenticated login and passwords provided under signed
agreements with the City. Authentication will be achieved by
using the public domain Ntrip protocol (Networked Transport of
RTCM via Internet Protocol).
3.3 The subscriber shall be responsible for the purchase,
installation, maintenance, ownership and operation of all
equipment needed to use WSRN Services, including without
limitation the Ntrip protocol.
3.4 The subscriber shall not transfer access to any of its accounts
to any person or entity not an employee of the subscriber's
company or public sector entity. In the case of public sector
subscribers, a contractor or consultant under contract with
said public sector entity may use the account only per the
provisions in sections 3.4.1 and 3.4.2.
3.4.1 If the public sector subscriber wishes to have one of its
consultants or contractors access one of its accounts, the
public sector subscriber will provide prior written
notification to the City, with the company name, postal and
e-mail address, and phone number, as well as duration of
access (not to exceed three months, but may be extended via
written request). Forty-eight hours after the end of the
requested access time, the City will change the login and
password for that account.
3.4.2 If access actually is needed for a shorter period than
estimated, the public sector subscriber will notify the City
within 48 hours of the end of the access period, and the City
will change the login and password for that account.
3.5 The City will monitor, log and enforce account usage.
Page 4 of 10 V8.1 January 2023
3.6 The password and login for a specific account shall not be
used concurrently by more than one party for any WSRN
Services.
3.7 The subscriber shall notify the City of any use of any subscriber
access account by an individual who is not an employee of their
company or respective public sector entity.
4. MANAGEMENT; COMPENSATION
4.1 Within 30 days of complete execution of this Agreement and
subsequent invoicing, the subscriber shall pay a subscription
fee based on any combination of the following options (the
subscriber will check and initial) as an annual fee for one year
of WSRN services:
• 1,900 for [1] one account
Initials ---
s $5,700 for [5] five accounts _
Initials
r $10,000 for [10] ten accounts _
Initials
• $15,000 for [20] twenty accounts
_ Initials
• $20,000 for [40] forty accounts
_ Initials
4.1.1 Subscribers who have selected either the 5 or 10 account
options in section 4.1 also agree to participate in the
research and outreach efforts of the WSRN cooperative.
Such participation may include such activities as agreement
to allow photographing of the subscriber's field activities for
the purposes of developing outreach materials, user
testimonials, a report, or other written feedback. Said
outreach shall be in the amount of at least one suitable
photo per year and/or one user report or one -page
testimonial, or other documented feedback. Research
participation may include provision of field observation
results, particularly for observations made of NGS (National
Geodetic Survey), or WSDOT (Washington State Department
of Transportation) monuments and benchmarks, or other
report(s) on aspects of network quality, positional integrity,
accessibility, or availability. Said research or outreach
contributions will be submitted, digitally or in hard copy via
mail or email to the CPC during the subject year of
subscription per this agreement.
Page 5 of 10 V8.1 January 2023
4.2 Commencing one year after the anniversary date as agreed to in
section 5.2, and annually thereafter, the subscriber will be
invoiced for each subsequent year of service unless otherwise
notified in writing of intent to terminate service. The subscriber
will be notified of any changes in the fee structure prior to the
end of each year for which the fee has been paid. The
subscriber shall pay the City within 30 days of receipt of an
annual invoice.
4.3 The City shall determine which entities may become members
and subscribers of the WSRN.
S. DURATION
5.1 This agreement is effective upon signature by both parties and
will remain in effect through each subsequent year for which
the subscribers has paid the annual subscriber fee.
5.2 The anniversary date for this agreement shall be:
APRIL 15 , 2023. _�A
Note: Leave Blank. This date will be entered by `'The City" upon execution
5.3 The account access will be opened upon receipt by the city of a
signed agreement and complete application form. The first year
of service will extend until the anniversary date of the initial
invoice. An invoice for each subsequent year will be issued
before said anniversary date. The service year for each
subscriber will, provided the invoice is paid within 30 days of
issue, continue through to subsequent anniversary dates.
5.4 Should there be a lapse in payment beyond 30 days of an
invoice, the account will temporarily be closed, and the service
year anniversary date will reset accordingly.
5.5 The subscriber is responsible for keeping the City informed of
any change of billing mailing address, and/or billing email
address, to avoid undeliverable invoices. Unpaid invoices due to
invalid billing mailing/email addresses will be subject to late
fees/interest.
Page 6 of 10 V8.1 January 2023
6. NO WARRANTIES; LIMITATION OF LIABILITY
6.1 Use of these WSRN services is at the subscriber's sole risk. The
City provides WSRN Services on an "as is" basis. Neither WSRN
members, nor the City, its officers, employees, vendors, or
third -party service providers (collectively as used in this section
6, "Seattle") makes any express or implied representation or
warranty of any kind with respect to WSRN Services. By way of
example and not of limitation, there is no representation or
warranty (a) that WSRN Services will be uninterrupted or error -
free, (b) that the results obtained from using WSRN Services
will be accurate, reliable, complete or current, or (c) of
merchantability or fitness for a particular purpose. WSRN
Services and information related thereto are subject to change
without prior notice.
6.2 Neither Seattle nor the subscriber, or WSRN members, is liable
for any damages arising out of or in connection with WSRN
Services, including without limitation mistakes, omissions,
interruptions, deletion of files, errors, defects, viruses, delays in
operation or transmission, or failures of the CORS. This is a
comprehensive limitation of liability that applies to all damages
of any kind, including compensatory, direct, indirect or
consequential damages, loss of data, income or profit, loss of or
damage to property and claims of third parties.
7. DISPUTE RESOLUTION
In the event of a dispute between the parties regarding this
Agreement, the parties shall attempt to resolve the matter informally.
If the parties are unable to resolve the matter informally within 30
days, the matter shall be decided by subscriber and the Public
Utilities subject to any other legal remedies the parties may have,
including, but not limited to, mediation or litigation.
8. NOTICES
All notices and invoices required in connection with this Agreement shall
be in writing and deemed to have been duly given if personally delivered
or sent by e-mail, fax, United States mail or overnight delivery service,
each with proof of receipt, as indicated below or as otherwise indicated in
writing by one party to the other.
Page 7 of 10 V8.1 January 2023
Seattle Public Utilities
Engineering and Technical
Services Division
PO Box 34018
Seattle, WA 98124-4018
Fax: 206-684-7396
E-mail:
gavin. schrocW� Seattle. og_v
9. OTHER PROVISIONS
City of Federal Way
EJ Walsh, P.E.
33325 8th Ave S
Federal Way, WA 98003
Fax: 253-835-2709
E-mail:
EJ.walsh(&cityoffederalway. com
9.1 Nothing contained herein is intended to, nor shall be construed
to, create any rights in any party not a signatory to this
Agreement, or to form the basis for any liability on the part of
the City, the subscriber, or their officials, employees, agents, or
representatives, to any party not a signatory to this Agreement.
9.2 Waiver of breach of any provision of this Agreement shall not be
deemed to be a waiver of any prior or subsequent breach and
shall not be construed to be a modification of the terms of this
Agreement.
9.3 If any provision of this Agreement shall be held invalid, the
remainder of the Agreement shall not be affected thereby if
such remainder would then continue to serve the purposes and
objectives of the parties.
9.4 The captions in this Agreement are for convenience only and do
not in any way limit or amplify the provision of this Agreement.
9.5 This Agreement, including Recitals (which by this reference are
incorporated herein) contains the entire agreement of the
parties and any representations or understandings, whether
oral or written, not incorporated herein are excluded.
9.6 The provisions of this Agreement shall be construed as a whole
according to their common meaning and consistent with the
other provisions herein contained in order to achieve the
objectives and purposes of this Agreement. Each party and its
counsel (if the party so desires) has reviewed and revised this
Agreement. Each Party agrees that the usual rule of
construction to the effect that any ambiguities are to be
Page 8 of 10 V8.1 January 2023
resolved against the drafting party shall not be employed in the
interpretation of this Agreement.
9.7 This Agreement may be amended only by an instrument in
writing, duly executed by both parties.
9.8 This Agreement shall be governed and construed in accordance
with the laws of the State of Washington.
IN WITNESS WHEREOF, the parties have entered into this Agreement
effective as of the date last written below.
The City of Seattle
[Sianl Tanya Treat(M a r20, 202316:45 DDT;
Tanya Treat
Director
Engineering and Technical
Services Division
Seattle Public Utilities
Date: 03/20/2023
The Subscriber
[SiQnl
EJ Walsh, P.E.
Public Works Director
Public Works Department
Date: 3/20/2023
Page 9 of 10 V8.1 January 2023
Signature: �1 )
GB in Schrock (Mar 20, 2023 14:01 PDT)
Email: Gavin.Schrock@seattle.gov
Signature:
..—n 11'3, 7G::. _A,n
Email: Dean.Huber@seattle.gov
WASHINGTON STATE REFERENCE NETWORK
Application for Subscription Account(s)
All information will be kept stnctiv confidential unless otherwise indicated by applicant
Contact Information
Applicant Name * [Individual or Primary Contact]
a. Curtis Moser
Daytime Phone * [Primary Contact]
b. 253-835-2738
Cell Pn
imary Contact
c.253-553-6622
Email * will be added to notification list]
d. curtis.moser@cityoffederalway.com
Billing Email * (who we send invoices toj
e. pw-admin@cityoffederalway.com
Representing * fSe/f, Company or Public Entity]
f. City of Federal Way
Alternate Contact Ito act on yourbehalo
g. Cole Elliott
Alternate Phone
h. 253-835-2730
Alternate Email Add to notification list?] y I n ?
j. cole.elliott@cityoffederalway.com
Do you wish to be added to the email list for the WSRN Tech Advisory (Users Group)? In
M
Billing Address *
Mailing Address (same?] y In
k. City of Federal Way
m. Public Works Department
n. 33325 8th Ave S.
o. Federal Way
p WA q. 98003-6325
pw-admin@cityoffederalway.com
x. Number of Logins* FIVE _
(Check One or TEN _
Combinations) 20
40
n rate in effect for all new accounts:
US [fee includes all apolicable taxe
$5,700.00 US [fee includes all applicable taxes]
$10,000.00 US [fee includes all applicable taxes]
$15,000.00 US [fee includes all applicable taxes]
$20,000.00 US [fee includes all applicable taxes]
Conditions. The applicant hereby agrees to the terms of the attached subscriber agreement and that an invoice will
be issued and mailed to the above billing address for an amount equal to the number of accounts requested [per box "x'j
multiplied by the current annual subscription rate [per box "y"]. The accounts will be activated on receipt of this application
and a signed user agreement. Invoices will be issued and mailed to the above billing address. Invoices will be issued and
sent to the above billing email address. Monthly statements will be sent to the above mailing address. The applicant will
have 30 days to pay upon receipt of the invoice. If payment is not received within the 30 days, the account will be
suspended until payment is received. Applicant Initials*
Preference for Login Names max. 8 characters minimum 4 alpha characters plus z
minimum of two numeric (e.g. " ABCD12"). Your password(s) will be issued, phone if you need
to change the password(s). Logins can be used for real-time and web services. Leave blank if Leave blank if you wish
you wish to retain the same logins as your test account. Or leave blank if you wish the WSRN to use the same as test
to assign. to ins
Mail or email completed agreement and application to:
Seattle Public Utilities
Attn: Gavin Schrock Signature of Applicant*
700 5th Ave, Ste 4900 Date* 3/ 20 / 2023
Seattle WA 98124
* Indicates required fields. To avoid interest/late fees for unpaid invoices, please inform the
WSRN of any change of billing mailing address, and/or billing email address.
Page 10 of 10 V8.1 January 2023