HomeMy WebLinkAbout2162 - City of Seattle - Agreement - Washington State Reference NetworkDean Huber (Apr 16, 2020)
Dean Huber
Tina Brock
From:
Sent:
To:
Cc:
Subiect:
Jon Walker
Monday, March 16,2020 2:36 PM
Tina Brock; Sandy Langdon; Gloria Hirashima
Rochelle Barker
RE: Contract Review
Tina, both of these contracts are approved as to form. You can either keep this email with the agreements, have me
sign at some undetermined future date, or suggest another method of my approval being kept with the
agreement. Both Burton and I are out of the office for awhile, not sure how long. lf it's going to be longer, l'd imagine I
could have Burton come in and sign after we have a few. Please let me know what you think would work best.
Thanks,
Jon
Jon Walker
City Attorney
Marysville Washington
425-293-7r20
From: Tina Brock <tbrock@marysvillewa.gov>
Sent: Monday, March t6,2020 2:04 PM
To: Sandy Langdon <slangdon@marysvillewa.gov>; Gloria Hirashima <GHirashima@marysvillewa.gov>; Jon Walker
<jwa I ker@ ma rysvi llewa.gov>
Subject: Contract Review
Contracts for review
Citv of Seattle - WSRN
Holt Services - Hwv 9 well aquifer testing
Tina Brock
Deputy City Clerk
City of Marysville
1049 State Ave, Marysville WA 98270
360-363-8085
tbrock@ ma rvsvil lewa.gov
NOTICE: All emoils, ond ottachments sent to and from the City of Marysville ore public records ond may be subiect to
disclosure pursuont to the Public Records Act (RCW 42.56).
1
WASHINGTON STATE REFERENCE NETWORI( AGREEMENT
BETWEEN THE CITY OF MARYSVILLE AND THE CITY OF SEATTLE
This Washington State Reference Network Agreement (the "AGREEMENT") is made
and entered into by and between THE CITY OF MARYSVILLE, herein referred to as
I"MARYSVILLE"] and the City of Seattle, acting as the Central Processing Center for
the Washington State Reference Network by and through Seattle Public Utilities, herein
referred to as (the "SPU"). MARYSVILLE and SPU are sometimes referred to
individually as the "PARTY" and collectively as the "PARTIES."
RECITALS
A. Using data from satellites owned by the United States of America, global
positioning systems ("GPS'') could 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 SPU as a cooperative effort with other
governmental agencies that will operate CORS within the State of Washington
and selected reference stations in adjacent states and provinces wherein data
from such stations can provide seamless coverage to the borders of
Washington State. 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 under this Agreement with the SPU are known as "membsrs"
of the WSRN.
C. Each PARTY has determined that cost savings and other public benefits can
be achieved if entities, such as MARYSVILLE, become a member of the
WSRN.
D. Forpurposes of the development of a sub-network of the WSRN in and
around the various regions of Washington State, SPU, WSRN Partners, and
other entities in the regions are entering into individual agreements with SPU
for connection of each of their respective CORS, and/or CORS that they
support.
Page I of6 Y4.4 January 2019
E. Many of the WSRN members serve solely as sites hosts, otherwise providing
a suitable site on which the WSRN members may construct and operate a
suitable GPS sensor, offer a site for an installation, provide power, installation
materials and/or labor, or as in this case of this agreement providing the site,
power, communications, receiver and antenna.
NOW, THEREFORE, in consideration of the mutual promises contained
herein, the PARTIES agree as follows:
AGREEMENT
1. CENTRAL PROCESSING CENTER (CPC)
1.1. The SPU shall own and be responsible, at its expense, for all aspects of the
operation and maintenance of the CPC, including without limitation servers,
PIVOT 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 gnd of CORS, the CPC will send system
information and real-time corrections via cellular connections to WSRN Partners
and agents of the academic community via FTP, 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. All digital products will be made
available to MARYSVILLE if requested. MARYSVILLE is NOT responsible for
the equipment, configuration thereof of any other WSRN user equipment nor any
aspect of use of any of the digital products derived with any data from the GPS
sensor mounted at the CORS site referenced in section 2.1.
1.3. SPU shall operate and maintain a web application to display the system status,
data generated by PIVOT software for notification of system status, availability,
component quality, static data files, and general information.
1.4. SPU 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 individual user hardware or
software, surveying or other field data collection methods, commercial cellular
connections, system status or monitoring report data that is available from the web
application.
Page2 of 6 Y4.4 January 2019'
1.5. The SPU 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 SPU and described in this section I are referred
to as the "WSRN Services."
2. CONTINUOUSLY OPERATING REFERENCE STATIONS (CORS)
2.1. For the duration of this Agreement, MARYSVILLE shall provide a geodetic
grade GPS/GNSS receiver, per WSRN specifications, that WSRN will activate to
provide live unintemrpted data access to upgrade a CORS station designated as
"BBAY" that will be located in Birch Bay. Station "BBAY" will be operated by
the WSRN. Station "BBAY" will be at approximately:
Latitude: 48o53'56.49"N
Longitude 122" 46', 10.33"W
2.1.1. The hardware for the CORS, to include the dual frequency GPS receiver,
compatible antenna, and serial-to-IP device server (if needed), and any
peripheral cables and connectors will remain the property of the WSRN.
2.I.2. The receiver may be deployed temporarily at another CORS site until such
time as the YAKS CORS is upgraded.
2.2. For the duration of this Agreement, MARYSVILLE may participate with other
members of the WSRN in a technical advisory committee to be staffed and
administered by the members. This committee may identify solutions, upgrades
and other desired enhancements to the WSRN.
3. CPC ACCESS
3.1. For the duration of this Agreement, MARYSVILLE, if requested, shall have
unlimited access via up to [3] specified MARYSVILLE accounts for full WSRN
services in exchange for sponsorship and hosting of said CORS specif,red in this
Agreement.
4. MANAGEMENT; COMPENSATION
Page 3 of6 Y4.4 January 2019
4.1. There are no additional costs to MARYSVILLE, other than those incurred in
purchasing the equipment to loan to the WSRN for the CORS specified in this
agreement.
4.1.1. In exchange for donating the receiver for the CORS specified in this
agreement, MARYSVILLE will have full rights to network service accounts
as specified in section 3.1 .
5. DURATION
The initial term of this Agreement shall be 5 years, commencing upon the date of its
execution by MARYSVILLE. The term may be extended by mutual agreement of the
parties.
Upon termination of this Agreement, MARYSVILLE shall have no further liability or
responsibility to any Party or member of WSRN.
6. NO WARRANTIES; LIMITATION OF LIABILITY
6.1 Use of these WSRN services, if requested, is at MARYSVILLE's sole risk. The
SPU provides WSRN Services on an "as is" basis. Neither other WSRN members,
nor the SPU, its officers, employees, vendors, or third-party service providers
(collectively as used in this section 6, "SPU") 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 the SPU nor MARYSVILLE, any third parties MARYSVILLE may have
entered into an agreement with for the purposes of establishment, operations and
maintenance of a CORS, or other WSRN members, is liable for any damages arising
out of or in connection with WSRN Services, including without limitation mistakes,
omissions, intemrptions, 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,
Page 4 of6 Y4.4 January 2019
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 that a dispute arises under this Agreement which can not be resolved
between the Parties, the dispute shall be settled in the following manner: Each Party
to this Agreement shall appoint a member to a dispute board. The members so
appointed shall jointly appoint a third member to the dispute board who is not
employed by or affiliated in any manner with the two Parties to this Agreement. The
dispute board shall evaluate the facts, contract terms, and applicable statutes and rules
and make a determination of the dispute. The determination of the dispute board shall
be final and binding on the Parties hereto.
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; 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.
CITY OF SEATTLE
Seattle Public Utilities
Engineering and Technical
Services Division
PO Box 34018
Seattle, WA98124-4018
Fax:206-684-7396
E-mail:
gavin. schrock@seattle. gov
THE CITY OF MARYSVILLE
Public Works
80 Columbia Ave
Marysville, WA 98270
9. OTHER PROVISIONS
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
Page 5 of6 Y4.4 Jantary 2019
liability on the part of the SPU, MARYSVILLE, 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.a. 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 agrcement of the parties and any representations or
understandings, whether oral, written or 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 resolved against the drafting party shall not be employed in
the interpretation of this Agreement.
9.7. Only an instrument in writing, duly executed by both PARTIES, may amend this
Agreement.
9.s. 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.
CITY OF SEATTLE THE CITY OF MARYSVILLE
ISien]lSignl
Tanya Treat
Director
Engineering and Technical
Services Division
Seattle Public Utilities
Date:Date:
Approved as to form
fPrint Name
ITitle]
page 6 of 6 Jon walker, city Atto\nf! Ianuary 20!9