Any questions regarding this MSA shall be directed to the contract administrator:
Department of General Services
Procurement Division, Multiple Award Program
Rosemary Linares, Contract Administrator
707 Third Street, 2nd Floor
West Sacramento, CA 95605
Phone #: (916) 375-4390
Fax #: (916) 375-4663
E-mail:
Rosemary.Linares@dgs.ca.gov
ORIGINAL SIGNATURE ON FILE
_____________________________________________________________
Skip Ellsworth, Manager, Multiple Awards Program (MAP)
SECTION I
INTRODUCTION AND GENERAL INFORMATION
This Master Services Agreement (MSA) provides statewide geographic information systems (GIS) services for the State and participating local governmental entities (agencies). GIS is a proven information technology tool used to capture, integrate, and analyze geographically-referenced information. Data collected with GIS is synchronized with spatial reference points to provide a layered overview of a geographical area. The results provide insight and reveal relationships between data sets that cannot be readily observed independently.
The procurement process was conducted under the Public Contract Code (PCC), Section 12100 et. seq., for the acquisition of Information Technology (IT) goods and services.
This MSA offers the following advantages and benefits to Users:
- Maximum pricing has been established. Reduced rates were achieved based on aggregated statewide volumes.
- Eliminates extensive advertising, bidding, and contracting procedures by allowing use of the less formal standardized MSA RFO ordering process.
- Bidders have prequalified for the contract and DVBE criteria have already been met.
- The ordering agency defines its unique Scope of Work, manages the project, approves deliverables, and authorizes payment to the Contractor.
A. CONTACT INFORMATION - DGS CONTRACT ADMINISTRATOR
Rosemary Linares
Department of General Services, Procurement
707 Third Street, 2nd Floor
West Sacramento, CA 95605
B. TERM OF MSA
The term of the Master Service Agreement (MSA) executed for this service category is September 1, 2006 through August 31, 2009 with two optional one year extensions. User department's contracts that are in place prior to the expiration date of the MSA may continue for twelve (12) months beyond the MSA contract period. The Department of General Services Procurement Division may utilize the option for two (2), one (1) year contract extensions. If the current contract is extended, a supplement will be issued noting the new contract expiration date.
C. ADMINISTRATIVE FEE
DGS charges the users (state and local agencies) of this MSA an administrative fee. The DGS administrative fee is a specified percentage of the total contract amount. DGS annually sets the percentage for the administrative fee. Agencies using this MSA should check the DGS website for current rates. The fee is not included in the Contractors' hourly rates for this MSA. The Multiple Award Program Section (MAPS) will bill each user directly for the administrative fee.
View the current fee schedule at:
http://www.ofs.dgs.ca.gov/Price+Book/P/Purchasing.htm
D. PROJECT RELATED EXPENSES
Contractor personnel must be available to be interviewed and to work statewide. Any travel related costs must be included in a contractor's response to the RFO and considered in the evaluation by
the requesting department. Approved travel costs may not exceed the current Department of Personnel Administration (DPA) travel and per diem rates.
E. PROFESSIONAL ERRORS AND OMISSIONS INSURANCE
Some orders issued under this MSA may require the contractor to provide proof of Professional Errors and Omissions Insurance covering any damages caused by an error, omission or any negligent acts. The ordering department shall determine the minimum limits of the Professional Errors and Omissions Insurance to be provided at no cost to the user department.
F. PERSONNEL AND SUBCONTRACTORS
Contractors must include the names, classifications, certifications (if applicable) and resumes of personnel, including subcontractors, who will be assigned to the project. If a contractor's offer includes subcontractors, the hourly rates and MSA classification must be listed. The sub contractor's rates cannot exceed the prime contractor's published MSA rates. NOTE: The Project Manager classifications require a Project Management Professional (PMP) certificate from the Project Management Institute (PMI). Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations under the MSA.
G. PROGRESS PAYMENTS /PERFORMANCE BONDS
For projects issued under this MSA, contractors may be required to post a bond in the name of the ordering department prior to starting the project as required in accordance with PCC §12112: Any contract for IT goods or services, to be manufactured or performed by the contractor especially for the state and not suitable for sale to others in the ordinary course of the contractor's business may provide, on the terms and conditions that the department deems necessary to protect the state's interest, for progress payments for work performed and costs incurred at the contractor's shop or plant, provided that not less than 10 percent of the contract price is required to be withheld until final delivery and acceptance of the goods or services, and provide further, that the contractor is required to submit a faithful performance bond, acceptable to the user department, in a sum not less than one-half of the total amount payable under the contract securing the faithful performance of the contract by the contractor.
H. LIABILITY INSURANCE
Contractor shall furnish to the State a certificate of insurance stating that there is liability insurance presently in effect, for the Contractor of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined.
The certification of insurance must include the following provisions:
a. The insurer will not cancel the insured's coverage without 30 days prior written notice to the State
b. The State of California is included as additional insured.
Contractor agrees that the liability insurance herein provided for shall be in effect at all times during the term of this contract (including all MSA release orders). In the event said insurance coverage expires at any time during the term of this contract, Contractor agrees to provide at least 30 days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General Services, and Contractor agrees that no work shall be performed prior to approval. In the event the Contractor fails to keep in effect at all times insurance coverage as herein provided, the State may, in addition to any other remedies, terminate this contract.
Ordering departments should request a copy of the Liability Insurance certificate at the time of order placement to ensure Liability Insurance is current.
NOTE: The State will not be responsible for any premium or assessments on the policy.
I. WORKERS COMPENSATION
The contractor shall furnish to the State a certificate of insurance stating that there is Workers' Compensation insurance on all of its employees who will be engaged in the performance of this agreement. The certificate of insurance must include the provision that the insurer will not cancel the insured's coverage without 30 days prior written notice to the State. Ordering departments should request a copy of the proof of Workers Compensation Insurance at the time of order placement to ensure Workers Compensation Insurance is current.
NOTE: The State will not be responsible for any premium or assessments on the policy
J. FEDERAL DEBARMENT
The Federal Department of Labor requires State departments that are expending Federal funds of $25,000 or more to have a certification by the supplier that they have not been debarred or suspended from doing business with the Federal Government in the contract file. Each Contractor must provide this documentation upon request.
K. SMALL BUSINESS PREFERENCE
Many Contractors have achieved a bid preference due to their small business status. This preference was applied to each bid during the evaluation and selection process. Refer to Exhibit I for Small Business status.
The ordering department will be responsible for tracking SB dollars spent during the term of this MSA.
L. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)
The DGS has ensured that the DVBE requirements were met during the RFP phase of this MSA. All contractors, with the exception of Woolpert, have agreed to subcontract a minimum of 3% of the total value of each contract to a certified DVBE. Woolpert completed a good faith effort (GFE). Each Contractor must adhere to the subcontracting commitment made during the RFP process. Contact the respective Contractor for this information.
M. TARGET AREA CONTRACT PREFERENCE ACT (TACPA), LOCAL AGENCY MILITARY BASE RECOVERY
AREA (LAMBRA), AND ENTERPRISE ZONE ACT (EZA)
These preference programs were not required or evaluated for this MSA. Therefore these should be included as part of the RFO process by the requesting agency.