MiraCosta Community College District Purchasing & Material Management 1 Barnard Dr., Bldg. T-600 Oceanside, CA 92056 Phone: (760) 795- 6755 FAX: (760) 795-6795 PROPOSAL DOCUMENTS for RFP #04-15 Robotic Training Center & Partnership Proposal Due Date & Time: Friday, January 9, 2015 at 10:00 AM To: Prospective Proposers * * ATTENTION: Please review this document as soon as you receive it. * * No Proposer questions or requests for clarification will be accepted after the date specified in the Calendar of Events. Any requests for interpretation or corrections must be made in accordance with the Information for Proposers and according to the Calendar of Events The District reserves the right to reject any or all proposals, to accept or to reject any one or more items on a proposal, or to waive any irregularities or informalities in the proposals or in the proposing process. If you wish to propose, your completed proposal must be returned in a sealed envelope no later than the Proposal Opening Date and Time as stated in the Notice to Proposers. Please submit in writing all questions and requests for clarification as specified in the Information for Proposers to: Kim Simonds, Buyer MiraCosta Community College District 1 Barnard Drive Oceanside, CA 92056 Phone: 760-795-6755 Fax: 760-795-6795 Email: ksimonds@miracosta.edu Table of Contents RFP #04-15 Robotic Training Center & Partnership Table of Contents .................................................................................................................................................................. 2 Notice to Proposers .............................................................................................................................................................. 3 Calendar of Events ................................................................................................................................................................ 4 Campus Maps ........................................................................................................................................................................ 5 General Provisions ............................................................................................................................................................... 6 Information for Proposers .................................................................................................................................................. 11 Proposal Criteria ................................................................................................................................................................. 12 Evaluation Points Matrix .................................................................................................................................................... 14 Notice of “No Proposal” ..................................................................................................................................................... 15 Agreement............................................................................................................................................................................ 16 Proposal Certification ......................................................................................................................................................... 17 Non-Collusive Proposal Declaration ................................................................................................................................. 18 Workers’ Compensation Certification ............................................................................................................................... 19 Payee Data Record .............................................................................................................................................................. 20 RFP #04-15 Robotic Training Center & Partnership Page 2 Notice to Proposers RFP #04-15 Robotic Training Center & Partnership MIRACOSTA COMMUNITY COLLEGE DISTRICT REQUEST FOR PROPOSAL NOTICE IS HEREBY GIVEN that MiraCosta Community College District, acting by and through its Governing Board, hereinafter referred to as the District, will receive up to, but not later than 10:00 a.m. on Friday, January 9, 2015 sealed Submissions for the following: DISTRICT RFP #04-15: Robotic Training Center & Partnership Such submissions shall be received at the location specified below, and shall be opened at the stated place: MiraCosta Community College District Purchasing and Material Management Department Attention: Kim Simonds, Buyer One Barnard Drive, Building T-600 Oceanside, California 92056 Each submission must conform and be responsive to this invitation, the Proposal General Provisions, Information for Proposers, Agreement, Proposal Certification and all other documents comprising the pertinent Proposal Documents. Copies of the Proposal Documents are now on file and may be obtained from the Purchasing and Material Management office at the above address or by calling Kim Simonds 760-795-6755. The District reserves the right to reject any or all submissions or to waive any irregularities or informalities in the proposals or in the proposing. No Proposer may withdraw his proposal for a period of sixty (60) days after the date set for the opening of the proposals. Susan C. Asato, C.P.M. Director of Purchasing & Material Management MiraCosta College District of San Diego County, California RFP #04-15 Robotic Training Center & Partnership Page 3 Calendar of Events RFP #04-15 Robotic Training Center & Partnership Proposal Schedule Distribution of Proposal ............................................................................................................................................... 12/16/14 District Closed for the Holidays ................................................................................................................. 12/24/14 – 01/01/15 Last Day to Submit Questions and/or Clarifications.................................................................................................... 01/05/15 Proposal Due Date ...................................................................................................................................................... 01/09/15 Review of Proposals .................................................................................................................................01/12/15 & 01/13/15 Determination of Low Bidder ....................................................................................................................................... 01/14/15 Anticipated Governing Board Approval Date .............................................................................................................. 02/18/15 Approximate PO Issuance Date .................................................................................................................................. 02/19/15 Requested Delivery & Installation Date ...................................................................................................................... 03/09/15 Clarifications Requests by a Proposer for questions, clarifications or additional information must be received by the District prior to the deadline set forth in the Proposal Schedule above. Requests for questions, clarifications or additional information received after that time will not be responded to. All requests for questions, clarifications or additional information must be in writing and shall be delivered, by hand delivery, mail, fax or e-mail between the hours of 8:00 a.m. and 4:30 p.m. and prior to the applicable deadline in the Proposal Schedule to the following: Kim Simonds, Buyer MiraCosta Community College District 1 Barnard Drive Oceanside, CA 92056 Phone: 760-795-6755 Fax: 760-795-6795 Email: ksimonds@miracosta.edu Proposal Submission Interested companies must submit their clearly marked and sealed proposals to: MiraCosta Community College District 1 Barnard Drive, Building T600 Oceanside, CA 92056 ATTN: Kim Simonds, Buyer RE: RFP #04-15 Robotic Training Center & Partnership RESPONSES MUST BE RECEIVED BY PERSONAL DELIVERY, COURIER SERVICE OR BY U.S. MAIL AT OR BEFORE 10:00 AM ON FRIDAY, JANUARY 9, 2015 TO THE ABOVE LISTED ADDRESS. LATE SUBMITTALS SHALL BE DEEMED NON-RESPONSIVE, AND THE DISTRICT SHALL REJECT ANY SUBMITTALS RECEIVED AFTER THE DEADLINE STATED ABOVE. RFP #04-15 Robotic Training Center & Partnership Page 4 Campus Maps RFP #04-15 Robotic Training Center & Partnership Proposal Delivery Location (T600) RFP #04-15 Robotic Training Center & Partnership Page 5 General Provisions RFP #04-15 Robotic Training Center & Partnership 1. AWARD: At its sole discretion, MiraCosta Community College District may award an agreement based on proposals which offer the best value, cost effectiveness and other criteria that may be requested in the specifications including, but not limited to, references and other performance criteria. 2. PROPOSERS INTERESTED IN MORE THAN ONE PROPOSAL: No person, firm or corporation shall be allowed to make or file or be interested in more than one proposal for the same work, unless alternate proposals are called for. A person, firm or corporation submitting a sub-proposal to a proposer, or who has quoted prices on materials to a proposer, is not thereby disqualified from submitting a sub-proposal or quoting prices to other proposers. 3. ASSIGNMENT OF CONTRACT: No assignment by the Proposer of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Proposer, will be recognized by the District unless such assignment has had the prior approval of the District and the surety has been given due notice of such assignment in writing and has consented thereto in writing. 4. REQUIRED RESOURCES VERIFICATION: Prior to contract award, MiraCosta Community College District must be assured that the proposer selected has all of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with skills required, equipment/materials and financial resources sufficient to provide services called for under this contract. If during the evaluation process, MiraCosta Community College District is unable to assure itself of the Proposer’s ability to perform under the contract, MiraCosta Community College District has the option of requesting from the Proposer, any information that the District deems necessary to determine the proposer’s capabilities. If such information is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information. 5. PERMITS AND LICENSES: The proposer and all of the proposer's employees or agents shall secure and maintain in force all such licenses and permits as are required by law, in connection with the furnishing of materials, articles, or services listed herein. All services operations and materials shall be in accordance with all applicable Federal, State, County and City regulations. 6. INVOICES. Separate invoices are required for each purchase order. Invoices shall be submitted in duplicate and shall contain the following information: purchase order number, item number and description, quantity, unit price and extended totals for items delivered. Sales tax, where applicable, shall be shown separately. Shipping/handling/delivery charges shall also be shown separately and shall include the original or a copy of the prepaid bill of lading. Failure to enter the above information on the invoice shall cause a delay in payment. All invoices shall be submitted to the following address: MiraCosta Community College Attn: Accounts Payable One Barnard Dr. Oceanside, CA 92056 7. PAYMENTS AND TERMS: Within thirty-five (35) days after delivery of any or all of the items set forth herein and their acceptance by the District, the District agrees to pay to the Proposer, and the Proposer agrees to accept in full payment therefore, the sums set opposite each item. 8. SHIPPING. All goods are to be shipped F.O.B. Destination, Delivered and Installed. Claims or invoices for shipping/handling/delivery charges which are not properly supported by either the original or a copy of the prepaid bill of lading will not be paid. The District’s purchase order number shall be clearly referenced on each parcel and packing slip. Failure to include this information will cause a delay in inspection and acceptance of the order, resulting in a delay of payment. All items shall be prepared and packed for shipment in a manner that will prevent damage in transit. The District reserves the right to reject any shipment which appears to have suffered damage in transit. 9. ESCALATION: The Proposer also agrees that no price change will be effective until the request for price change, with supporting documentation satisfactory to the District, has been accepted in writing by the District. Until the change has been accepted, the Proposer must continue to accept orders with the original proposal price, terms and conditions. Notwithstanding the generality of the foregoing, in no event shall said price increase be more than five (5) percent of the current proposal price unless caused by unforeseen national/international economic conditions . RFP #04-15 Robotic Training Center & Partnership Page 6 10. FORCE MAJEURE. The Proposer shall be excused from performance hereunder during the time and to the extent that he is prevented from performing by act of God, fire, strike, lockout or commandeering of materials or facilities by the government, when satisfactory evidence thereof is presented to the District, provided that it establishes that the non-performance is not due to the fault or neglect of the party not performing. 11. DISTRICT'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF: The District may authorize the withholding of a sufficient amount or amounts of any payment otherwise due to the Proposer, as in its judgment may be necessary to cover defective items not remedied. The District may apply such withheld amount or amounts to the payment of such claims, at its discretion. 12. NOTICE TO PROCEED AND COMPLETION: Proposer shall begin performance of the Contract promptly upon delivery and acceptance by the Purchasing & Material Management Department of all Bonds (if required) and receipt by the Proposer of a fully executed Agreement and Purchase Order. The Proposer is obligated to completely and satisfactorily perform the Contract within the period or periods specified in the Contract Documents. 13. LATE FEES: Late deliveries or service performance in excess of twenty (20) calendar days shall be assessed late delivery charge. This late charge shall be assessed at 2.5% per calendar day of the total dollar value (before tax) of the late delivered goods or services. This penalty shall commence on the first day following the end of the specified delivery period. This penalty shall be taken as a credit against the Proposer's invoice to the District. Assessment of late fees shall not negate any of the other rights and remedies stipulated in the Contract. 14. INDEPENDENT CONTRACTOR: The parties intend that the awarded Proposer, in performing the services herein specified, shall act as an independent Proposer and shall have control of the work and the manner in which it is performed. Proposer is not to be considered an agent or employee of District and is not entitled to participate in any pension plans, insurance, bonus or similar benefits District provided to its employees. 15. INDEMNIFICATION: The Contractor shall defend, indemnify, and hold the District and its Board of Trustees, officers, agents, employees and volunteers harmless from any and all liabilities, claims, damages, obligations, actions, lawsuits, losses, judgments, fines, penalties, costs or expenses (including reasonable attorneys' fees) arising from or relating to the Contractor's work performed under this Agreement to the full extent permitted under California law for Contractor's negligence. This shall include the Contractor fully defending, indemnifying and holding harmless the District for any negligence of the Contractor arising directly or indirectly from Contractor's performance of this contract, including, but not limited to, the use of facilities or equipment provided by the District or others. Contractor specifically acknowledges and agrees that Contractor has an independent obligation to defend the District and its employees from any liabilities or potential claims which actually or potentially fall within this indemnification provision even if such claim is or may be groundless, fraudulent, or false. 16. INSURANCE REQUIREMENTS. Contractor agrees that Proposer has a separate and independent obligation to procure insurance for the District. This requirement is in addition to and separate from Proposer's Agreement to defend, indemnify and hold harmless the District. As part of this Agreement, Proposer agrees to procure the following insurance: a. Commercial General Liability: Proposer shall obtain a commercial general liability (broad form) insurance policy which provides insurance on an occurrence basis for personal injury, death or property damage which may arise from any and all work performed by Proposer for the District, including on District facilities and grounds, with policy limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage including products and completed operations; and b. Automobile Liability; $1,000,000 per accident for bodily injury and property damage under Business Automobile Liability Coverage Form Number CA 00 01, (any auto). c. Additional Insured: The District and its Board of Trustees, officers, employees, agents and volunteers shall be named as an additional insured under the policy of insurance by Proposer, and Proposer agrees that it has a separate and independent obligation to verify the District is a named as an additional insured whenever Proposer performs work for the District; and d. Certificate of Insurance: Proposer shall obtain a certificate of insurance with the insurance company's endorsement of commercial general liability insurance setting forth the policy limits and that the District and its Board of Trustees, officers, employees, agents and volunteers are named as an additional insured under the policy and provide it to the District. (The failure to provide the certificate of insurance containing this information to the District shall not constitute a waiver of the requirement of the Proposer to obtain the specific insurance specified above). The insurance policy shall contain provisions which include that Proposer's insurance policy is primary coverage and shall apply both before the District insurance policy, and that the insurer shall not agree to request or call upon the District for any contribution in the settlement of any claim arising from the Proposer's work RFP #04-15 Robotic Training Center & Partnership Page 7 for the District or use of District facilities or premises. e. Waiver of Subrogation; Proposer agrees that in the event of loss due to any perils for which it has agreed to provide Commercial General and Automobile Liability insurance, Proposer shall look solely to its insurance carrier(s) for recovery and grants a waiver of any right to subrogation which any such insurer of Proposer may acquire against the District by virtue of payments of any loss under this insurance. 17. NON-DISCRIMINATION ENDORSEMENT. It is the policy of the District that the Proposer and District mutually agree that they will comply with all applicable Federal and California state anti-discrimination laws and regulations and agree not to unlawfully discriminate against any prospective or active employee engaged in the work on the basis of race, color, age, ancestry, national origin, sex, religious creed, marital status, or physical or mental disability, or sexual orientation or any other category protected by law, including but not limited to, the California Fair Employment Practice Act, beginning with Labor Code Section 1410, and Labor Code Section 1735. In addition, the Proposer agrees to require like compliance by all subcontractors employed. Proposer and District mutually agree that they will comply with all applicable federal and state anti-discrimination laws and regulations, and agree not to unlawfully discriminate against Students on the basis of race, color, creed, religion, sex, age, national origin, ancestry, marital status, physical or mental disability, sexual orientation, or any other category protected by law. 18. PROVISIONS REQUIRED BY LAW DEEMED INSERTED: Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein, and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provisions is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction. 19. ELECTRONIC AND INFORMATION TECHNOLOGIES. The Proposer hereby warrants that the goods or services to be provided to the District comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. '794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, Part 194. The Proposer agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services. Proposer further agrees to indemnify and hold harmless the District from any claim arising out of its failure to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a breach and be grounds for termination of this order or agreement. 20. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR OTHER INELIGIBILITY. (applicable to all orders or agreements funded in part or in whole with federal funds) - The Proposer agrees to comply with applicable federal suspension and debarment regulations, including, but not limited to, regulations implementing Executive Order 12549 (29 C.F.R. Part 98). The Proposer certifies to the best of its knowledge and belief that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not, within a three-year period preceding the receipt of this purchase order, been convicted of, or had a civil judgment rendered against them, for: (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) or private transaction or contract; (2) Violation of Federal or State antitrust statutes; (3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or (4) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects Proposer’s present responsibility; c. Are not presently indicted for, or otherwise criminally or civilly charged by any government entity (federal, state or local), with commission of any of the offenses enumerated above; d. Have not, within a three-year period preceding the receipt of this purchase order or agreement, had one or more public transactions (federal state or local) terminated for cause or default; e. Shall not, except as otherwise provided under applicable federal regulations, knowingly enter into any lower tier covered transaction with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded by any federal department or agency from participation in such transaction; and f. Include in all lower tier covered transactions, and all solicitations for covered transactions, provisions substantially similar to those set forth herein. 21. STORM WATER PERMIT FOR CONSTRUCTION ACTIVITY. The District has adopted a Storm Water Management Plan (SWMP). The SWMP was prepared in accordance with Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (General NPDES Permit No. CAS000004) adopted by the State Water Resources Control Board. Proposer shall comply with the District’s SWMP requirements and include all costs for compliance in the Contract amount. Proposer shall also comply with the lawful requirements of other agencies regarding discharges to the storm drain system or other watercourses, including applicable City, County, State and Federal storm water requirements. RFP #04-15 Robotic Training Center & Partnership Page 8 The Proposer shall, if required, shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) prior to initiating work. The Proposer shall be responsible for complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by Permit. It shall be the responsibility of the Proposer to evaluate and include in the proposal the cost of complying with the SWPPP and any necessary revisions to the SWPPP. The Proposer shall also include in their proposal the cost of monitoring as required by the SWPPP Permit. All trade Proposers are responsible for repair and replacement of SWPPP control measures disturbed by own operations. All trade Proposers are responsible for adhering to the approved SWPPP plan. 22. COMPLIANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS. The Proposer shall comply with all lawful requirements of the United States, the State of California, the District, and all applicable municipalities and local agencies. 23. CONFLICTS CHECK: The District reserves the right, before any contract award is made, to require any Proposer to whom it may make a contract award, to do a conflicts check and disclose all actual and potential conflicts to the District. In the event a conflicts check is required, the District will provide a list of major vendors doing a significant amount of business with the District. The potential Proposer must disclaim in writing any conflict of interest. Furthermore, the District reserves its rights to reject the selected Proposer if its conflicts check reveals actual conflicts, and go to the next preferred Proposer. 24. ANTI-KICKBACKS AND FRAUD: Under Federal Pub. L. 99-634, Section 51 to 58 of the “Anti-Kickback Act of 1986”, which is an amendment of 1946, “the practice of subcontractors of paying fees or kickbacks, or of granting gifts or gratuities or employees of cost-plus-a-fixed-fee or cost-reimbursable prime contractors, for the purpose of securing the ward of contract...” These practices are illegal and the District will not condone or participate in any such practices. Penalties include a maximum 10-year prison terms and a $250,000 fines ($1,000,000 for business entities). The State of California 1990 Public Contract-Disciplinary Procedure SB No. 2290, otherwise known as KOPP and SEYMOUR Acts, Section 7115, prohibits fraud and collusion in an attempt to fix prices and kickbacks. 25. TERMINATION FOR DEFAULT: If the Proposer fails or neglects to supply or deliver any of said goods, articles, or service at the prices named and at the time and place stated, the District may, without further notice or demand, cancel and rescind this contract or may purchase said goods, supplies, or services elsewhere, and hold the Proposer responsible and liable for all damages which may be sustained thereby, or on account of the failure or neglect of the Proposer in performing any of the terms and conditions of this contract; it being specifically provided and agreed that time shall be of the essence in this agreement. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the District. 26. DOCUMENT MODIFICATIONS: This writing is intended both as the final expression of the Agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties. 27. TRANSFER OF RIGHTS: Proposer assigns to the District all rights throughout the work in perpetuity in the nature of copyright, trademark, patent, right to ideas, in and to all versions of the plans and specifications now or later prepared by Proposer in connection with the project, if any. Proposer agrees to take such actions as are necessary to protect the rights assigned to the District in this Agreement, and to refrain from taking any action which would impair those rights. Proposer’s responsibilities under this contract include, but are not limited to, placing proper notice of copyright on all versions of the plans and specifications as Proposer may direct, and refraining from disclosing any versions of the plans and specifications to any third party without first obtaining written permission of the District. 28. EXTRA (CHANGED) WORK: Only the Director of Purchasing and Material Management or designee may authorize extra (and/or changed) work. The parties expressly recognize that District and College personnel are without authorization to either order extra (and/or changed) work or waive contract requirements. Failure of the Proposer to secure proper authorization for extra work shall constitute a waiver of any and all right to adjustment in the contract price or contract time due to such unauthorized extra work and the Proposer thereafter shall be entitled to no compensation whatsoever for the performance of such work. 29. OWNERSHIP OF WORK PRODUCT: The District shall be the owner of and shall be entitled to immediate possession of accurate reproducible copies of any design computations, plans, correspondence or other pertinent data and information gathered or computed by the Proposer prior to termination of any Agreement by the District or upon completion of the work pursuant to an Agreement. RFP #04-15 Robotic Training Center & Partnership Page 9 30. ATTORNEYS' FEES: If suit is brought by either party to this Agreement to enforce any of its terms (including all component parts of the Contract Documents), and the District prevails in such suit, the Proposer shall pay all litigation expenses incurred by the District, including attorneys' fees, court costs, expert witness fees and investigation expenses. 31. PROPOSER'S WARRANTY: The District has relied upon the professional ability and training of the Proposer as a material inducement to enter into any Agreement. The Proposer hereby warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Proposer’s work by the District shall not operate as a waiver or release. 32. TAXES: The Proposer agrees to file federal and state tax returns and pay all applicable state and federal taxes on amounts paid pursuant to this Agreement. In case the District is audited for compliance regarding any applicable taxes, the Proposer agrees to furnish the District with proof of payment of taxes on those earnings. 33. DRUG FREE/SMOKE FREE/ALCOHOL FREE POLICY. All District sites are designated drug-free/smokefree/alcohol-free. The use or abuse of controlled substances, tobacco products, and alcohol will not be tolerated. RFP #04-15 Robotic Training Center & Partnership Page 10 Information for Proposers RFP #04-15 Robotic Training Center & Partnership 1. SECURING DOCUMENTS: Specifications and other contract document forms will be available without charge and may be secured by prospective proposers by contacting Kim Simonds at 760-795-6755 or ksimonds@miracosta.edu. 2. PROPOSALS: Proposals to receive consideration shall be made in accordance with the following instructions: a. Proposals shall be received in the Purchasing and Material Management Department on or before 10:00 AM, Friday, January 9, 2015. b. The proposer shall submit complete information on the services stated in proposal form. Failure to do so may nullify the proposal. Any concerns regarding the specifications must be called to the attention of the District no later than January 5, 2015. c. Before submitting a proposal, proposers shall carefully read the specifications and the forms of other documents. They shall fully inform themselves as to all existing conditions and limitations, and shall include in the proposal a sum to cover the cost of all items included in the contract. No allowance will be made because of lack of such examination or knowledge. d. The decision as to acceptability of the proposal or the goods and/or services referenced therein rests solely with the District, including the right to waive any informality in any proposal. The District reserves the right to reject the proposal of any proposer who has previously failed to perform properly or complete on time, contracts of a similar nature e. If any person contemplating submitting a proposal for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed contract documents, or finds discrepancies in, or omissions from the specifications, they are instructed to contact Kim Simonds, Buyer, at (760) 795-6755, to request an interpretation or correction thereof. The District may require that such request be in writing, in which case the person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents will be made by Addendum duly issued by the Buyer, and a copy of such Addendum will be mailed or delivered to each person receiving a set of such documents. The District will not be responsible for any other explanation or interpretation of the proposed documents. 2. PRICES: All proposal prices shall include separate Proposals for each item or unit specified. Corrections may be inserted prior to the proposal opening. In any case in which the total proposal price does not equal the unit prices times the quantities indicated, unit prices shall govern. 3. ADDENDA OR BULLETINS: Any addenda or bulletins issued by the MiraCosta Community College District during the time of proposing or forming a part of the documents issued to the proposer for the preparation of their proposal shall be covered in the proposal and shall be made a part of the contract. 4. WITHDRAWAL OF PROPOSALS: Any proposer may withdraw its proposal, either personally or by a written request, at any time prior to the scheduled time for opening of proposals, but not after. No proposer may withdraw their proposal for a period of sixty (60) days after the date set for the opening. 5. AWARD OR REJECTION OF PROPOSALS: The Contract will be awarded to the proposer based on selection criteria outlined in this request for proposals. The Governing Board of MiraCosta Community College District, however, reserves the right to reject any/or all proposals, to accept or reject any one or more items of a proposal, and to waive any informality in the proposals or in the bidding. The District reserves the right to reject the proposal of any proposer who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the bid of a proposer who is not in a position to perform such contract satisfactory. The District expressly reserves the right to reject the Proposal of any proposer who is in default of payment of taxes, licenses or other monies due to the District. RFP #04-15 Robotic Training Center & Partnership Page 11 Proposal Criteria RFP #04-15 Robotic Training Center & Partnership History and Goal With the increase in manufacturing and the extensive maritime technology prevalent in San Diego County, the need for versatile industrial and production technicians has reached a critical demand. In an effort to respond to that need, MiraCosta College Community Services department pursued a Department of Labor (DOL) grant in 2013 and was awarded 2.75 million dollars on October 1st, 2013 to expand its Machinist Program and create a new Engineering Technician program. Both of these programs will be housed in a new 23,000 square foot MiraCosta College Training Center located in the heart of the Carlsbad Industrial Park. The building will be remodeled from December - February 2015 and will be ready for occupancy by the middle of March 2015. The first cohort of students for the Engineering Technician Course will begin their 550 hour training program at the end of March. This course will allow students to learn the fundamentals of electricity, electronics, machine mechanics, automation, robotics, hydraulics and pneumatics. In addition to the above mentioned coursework, students will receive an overview of the ways in which each of the areas relates to maritime technology (underwater robots, underwater wifi, ocean drones, seawater corrosion, etc.) The new training center is designed to be a hub of work skills training for North County and serve both new workers and existing employees from nearby companies. The need for solid, durable and current equipment and machines is vital to the success of this program. The DOL expects these federally funded programs to be relevant, comprehensive and of the highest quality. Equipment must be easy to use with outstanding training materials and excellent customer service by the vendor. Equipment Specifications “Spider” Robot Specs: 6-Axis mechanical robot with vision system Mate controller Handling tool software iPendant with or without touch screen Training cart with enclosure 120 volt AC transformer Integrated Air compressor Gripper accessories 2nd Robot arm for mechatronic training system by Festo, SMC, or similar 6-Axis mechanical robot with vision system Mate controller Handling tool software iPendant with or without touch screen Training cart with enclosure 120 volt AC transformer Integrated Air compressor Gripper accessories Certification for instructor and students Proposal Format Please follow the format as specified in this section. Failure to include all specified sections in the response to this RFQ may result in the disqualification of the respondent. The submission should address the following items succinctly and specifically within the appropriate sections as noted below. 1. Title Page: Firm name, address, telephone, fax and e-mail address. Also, name and title of point of contact. 2. Table of Contents: Must include a complete and clear listing of headings and page numbers to allow easy location of key information. 3. Executive Summary: Provide a one page overview of the entire submission describing the highlights. RFP #04-15 Robotic Training Center & Partnership Page 12 4. Identification of Respondent: (Identification of Respondent should be limited to one page.) a. Legal name of company; legal form of company (partnership, corporation, joint venture, etc.). b. Location of firm: Provide the address of the primary firm, c. Number of years individual/firm has been in business. 5. Description of Equipment and Partnership: Provide information regarding the company’s experience and ability to provide equipment and a partnership that will assist the District in obtaining its goals and objectives. This should include the following: a. Partnership Information: i. Describe, in detail, how your company and products would assist us in our goal to increase the number of skilled manufacturing/engineering technicians and to upgrade the technical skills of those already employed. ii. How will your company market our training center in order to help drive students/incumbent workers to our programs? b. In order to meet our regional vocational needs, the District wants to offer curriculum and equipment that reflects work processes currently within the San Diego region. Please provide locations where your product is currently being used for training and/or is being used in a commercial setting. c. Provide a description of your company’s proposed training equipment, materials and services, to be offered to our instructors and students, including all associated costs. i. Classroom Size: Included in this proposal are the plans for the new Training Center located in Carlsbad. It is the re sponsibility of the proposer to ensure that the equipment can be placed in the appropriate classroom within the confines of the amount of. These machines will be housed in the Engineering Classroom #2, Room 48 on the plans. d. Warranty/Maintenance/Service of equipment i. What is the warranty that comes with the proposed equipment? ii. What is the annual maintenance agreement cost? Provide pricing for the following time periods. Date of Installation – June 30, 2016 July 1, 2016 – June 30, 2017 July 1, 2017 – June 30, 2018 iii. Where is your service center? How many staff personnel are available to service the proposed equipment? Where are your parts distributed from? What is your response time? Provide costs for emergency on-call service calls. iv. What is the Delivery Cost? v. What is the Installation Cost? e. The District is looking for delivery and installation of all equipment upon completion of construction in March. All delivery, installation and training would need to be completed by March 9, 2015. Is your company able to guarantee delivery and installation on this date? 6. Additional Information and Comments: Include any other information that you feel is pertinent but not specifically asked for herein. 7. Required Forms. Provide completed copies of the Non-Collusive Bidding Declaration, Workers’ Compensation Certification, Proposal Certification and the Payee Data Record. RFP #04-15 Robotic Training Center & Partnership Page 13 Evaluation Points Matrix RFP #04-15 Robotic Training Center & Partnership The following matrix will be used in the evaluation of each Proposal. a. Training Partnership Points (For Office Use Only) (Rate - Maximum 25 pts. / Minimum 0 pts.) b. References Points (For Office Use Only) (Rate - Maximum 10 pts. / Minimum 0 pts.) c. Price Points (For Office Use Only) (Rate - Maximum 35 pts. / Minimum 0 pts.) d. Services / Maintenance Points (For Office Use Only) (Rate - Maximum 20 pts. / Minimum 0 pts.) e. Delivery by Requested Date Points (For Office Use Only) (Yes = 10 pts., No = 0 pts.) Grand Total Points (Maximum 100 pts.) For Office Use Only RFP #04-15 Robotic Training Center & Partnership Page 14 Notice of “No Proposal” RFP #04-15 Robotic Training Center & Partnership If you choose not to respond to this Request for Robotic Training Center & Partnership, please indicate below. This will help us to create and maintain more accurate and effective proposers’ lists: We do not wish to proposal on this project at this time. Please retain us on the proposers list in consideration of future projects. We do not wish to proposal on this project, nor on any similar projects in future with regard to this commodity. Reason for not Proposal: Proper Name of Proposer Address Authorized Agent Name and Title City, State, Zip Authorized Agent Signature Phone E-mail address Fax RFP #04-15 Robotic Training Center & Partnership Page 15 Agreement RFP #04-15 Robotic Training Center & Partnership [To be executed between the District and the awarded vendor(s)] This AGREEMENT, made and entered into this day of Community College District, hereinafter called the “District”, and “Contractor”. , 20 by and between the MiraCosta , hereinafter called the WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: THE CONTRACT DOCUMENTS: The complete contract consists of the following documents: The General Provisions, Notice to Proposers, the Information for Proposers, the Accepted Proposal, the Specifications / Proposal Form, and the Agreement, including all modifications thereof duly incorporated therein, and the Purchase Order, if applicable. Any and all obligations of the District and the Contractor or fully set forth and described therein or are reasonable inferable that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents, or the Contract. THE MATERIALS, SUPPLIES and/or SERVICES: The Contractor agrees to furnish the item(s) of the stated proposal listed herein, and all transportation, service, labor and material necessary to furnish and deliver same in good condition, in the manner designated in, and in strict conformity with the Request for Proposal at the price or prices hereinafter set forth. The District shall not be responsible for the care or protection of any property, material, or parts ordered against said contract before date of its delivery and acceptance by the District. It is understood by the Contractor that all items or service will be promptly delivered to the District. The items and/or services awarded are as follows: RFP #04-15 Robotic Training Center & Partnership NOTICE TO PROCEED: The Contractor shall not proceed to deliver the awarded items and/or perform the services as awarded until the District has issued the Contractor an official Notice to Proceed and/or an official District Purchase Order. EXTRA (CHANGED) WORK: Only the Director of Purchasing and Material Management or designee may authorize extra (and/or changed) work. Failure of the Contractor to secure proper authorization for extra work shall constitute a waiver of any and all right to adjustment in the contract price or contract time due to such unauthorized extra work and the Contractor and the Proposer thereafter shall be entitled to no compensation whatsoever for the performance of such work. Contractor: District: MiraCosta College District By: By: Official Authorized Signature Official Authorized Signature Susan Asato Printed Name Its: Printed Name Its: Director of Purchasing & Material Management Title Title Date Date RFP #04-15 Robotic Training Center & Partnership Page 16 Proposal Certification RFP #04-15 Robotic Training Center & Partnership I, , the of the firm, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the respondent in connection with this submittal and all of the representations made herein are true and correct and that the respondent named below is legally authorized to enter into contracts with the District. Executed on this day of , 20 at County, California. Name of Firm Address Printed Name of Responsible Financial Agent City, State, Zip Authorized Agent Signature Phone E-mail address Fax Federal Tax ID RFP #04-15 Robotic Training Center & Partnership Page 17 Non-Collusive Proposal Declaration RFP #04-15 Robotic Training Center & Partnership [To be Executed by Proposer and Submitted with Proposal] I, (Name of Proposer's Authorized Officer or Agent) declare as follows: That I am the (Title) of (Legal Name of Proposer), the party making the attached proposal; that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from Proposal, that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in this proposal are true, and, further, that the proposer has not, directly or indirectly, submitted his proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed the day of , 20 , at . Signature of Proposer's Authorized Officer or Agent RFP #04-15 Robotic Training Center & Partnership Page 18 Workers’ Compensation Certification RFP #04-15 Robotic Training Center & Partnership RESPONDENT’S CERTIFICATION REGARDING WORKERS’ COMPENSATION State of California Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the code, and I will comply with such provisions before commencing the performance of the work of this contract. Proper Name of Proposer Signature of Authorized Agent/Officer Date In accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract. RFP #04-15 Robotic Training Center & Partnership Page 19 MiraCosta Community College District PAYEE DATA RECORD (Required in lieu of IRS W-9) MiraCosta Community College District Attn: Purchasing Department One Barnard Drive Oceanside, CA 92056 Phone: (760) 795-6793 FAX: (760) 795-6795 PLEASE RETURN or FAX TO: PURPOSE: Information contained in this form will be used by the District to prepare State of California Employment Development Department DE542 Reporting, Internal Revenue Form 1099, and for withholding on payments to nonresident payees. Prompt return of this fully completed form will prevent delays when processing payment. (See Privacy Act Notice on page 4 of instructions) PARTS 1-7 are to be completed by PAYEE Name (If sole proprietor or single-owner LLC, enter owner’s full name here — Last Name, First Name, and Middle Initial) (See page 2, Specific Instructions): PART 1 PAYEE DATA Business name, if different from above—trade or “doing business as (DBA)” name. (See page 2, Specific Instructions) Please print using block letters Mailing address (Number and Street including Suite No. or Apartment No. – DO NOT USE POST OFFICE BOX ADDRESS): City, state and zip code: Phone number: PART 2 podiatry, psychotherapy, optometry, chiropractic, etc.) EXEMPT CORPORATION (Nonprofit) CHECK ONE BOX ONLY PART 3 PAYEE’S TAXPAYER I.D. NUMBER Toll free number: MEDICAL CORPORATION (including dentistry, PAYEE ENTITY TYPE Fax number: ALL OTHER CORPORATIONS PARTNERSHIP ESTATE OR TRUST LIMITED LIABILITY PARTNERSHIP (LLP) INDIVIDUAL/SOLE PROPRIETOR LIMITED LIABILITY COMPANY (LLC) ELECTING CORPORATE STATUS ON FORM 8832 LIMITED LIABILITY COMPANY (LLC) Single Owner FEDERAL/STATE/LOCAL GOVERNMENT SOCIAL SECURITY NUMBER IS REQUIRED FOR INDIVIDUAL/SOLE PROPRIETOR BY AUTHORITY OF THE REVENUE AND TAXATION CODE SECTION 18646. IF PAYEE ENTITY TYPE IS A COPORATION, PARTNERSHIP, LLP, CORPORATE STATUS LLC, ESTATE OR TRUST, OR FEDERAL/STATE/LOCAL GOVERNMENT, ENTER FEIN: IF PAYEE ENTITY TYPE IS INDIVIDUAL/SOLE PROPRIETOR, OR SINGLE OWNER LLC, ENTER SSN: FEDERAL EMPLOYER’S IDENTIFICATION NUMBER (FEIN) SOCIAL SECURITY NUMBER (SSN) PART 4 FOR U.S. PAYEES EXEMPT FROM BACKUP WITHHOLDING (See page 3 of instructions) PART 5 CHECK APPROPRIATE BOXES Exempt from backup withholding California Resident – Qualified to do business in CA or a permanent place of business in CA PAYEE RESIDENCY STATUS Nonresident (See page 3 of instructions) Payments to non residents for services may be subject to state withholding WAIVER OF STATE WITHHOLDING FROM FRANCHISE TAX BOARD ATTACHED SERVICES PERFORMED OUTSIDE OF CALIFORNIA PART 6 CERTIFYING SIGNATURE NOTE: Payment will not be processed without an accompanying taxpayer I.D. number. NOTE: a. An estate is a resident if decedent was a California resident at time of death. b. A trust is a resident if at least one trustee is a California resident. (See page 3 of instructions) Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien) Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN (See the attached instructions.) SIGNATURE OF U.S. PERSON DATE Payee Data Record PART 7 TYPE OF BUSINESS ENTERPRISE CHECK IF APPLICABLE AND PROVIDE A COPY OF CERTIFICATION Disabled Veteran Business Enterprise Minority Business Enterprise Woman Owned Business Enterprise Rev. 1/12 RFP #04-15 Robotic Training Center & Partnership Page 20 PAYEE DATA RECORD (Required in lieu of IRS Form W-9) Purpose of Form Payments you receive will be subject to backup withholding if: A person who is required to file an information return with the IRS must obtain your 1. You do not furnish your TIN to the requester, or correct taxpayer identification number (TIN) to report, for example, income paid to you, 2. You do not certify your TIN when required (see the Part 6 instructions given below for details), or 3. The IRS tells the requester that you furnished an incorrect TIN, or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. Person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued, 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Certain payees and payments are exempt from backup withholding. See the Part 4 instructions and the separate Instructions for the Requester of Form W-9. Note: If a requester gives you a form other than Form W-9 to request your TIN, you Penalties must use the requester’s form if it is substantially similar to IRS Form W-9. Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are Foreign Person. If you are a foreign person, use the appropriate Form W-8 (see Pub. subject to a penalty of $50 for each such failure unless your failure is due to reasonable 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). cause and not to willful neglect. Nonresident alien who becomes a resident alien. Generally, only a nonresident alien Civil penalty for false information with respect to withholding. If you make a false individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain statement with no reasonable basis that results in no backup withholding, you are subject types of income. However, most tax treaties contain a provision known as a “saving to a $500 penalty. clause.” Exceptions specified in the saving clause may permit an exemption from tax to Criminal penalty for falsifying information. Willfully falsifying certifications or continue for certain types of income even after the recipient has otherwise become a U.S. affirmations may subject you to criminal penalties including fines and/or imprisonment. resident alien for tax purposes. If you are a U.S. resident alien who is relying on exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement that specified the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay Misuse of TINs. If the requester discloses or uses TINs in violation of Federal law, the requester may be subject to civil and criminal penalties. Specific Instructions PART 1—PAYEE DATA (NAME) If you are an individual, you must generally enter the name shown on your social security card. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle the name of the person or entity whose number you enter in Part 3 of the form. Sole proprietor. Enter your individual name as shown on your social security card in the “Name” box of Part 1. You may enter your business, trade, or “doing business as (DBA)” name in the “Business Name” box. You may not enter only the business name. in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to Limited liability company (LLC). If you are a single-member LLC (including a foreign continue to apply even after the Chinese student becomes a resident alien of the United LLC with a domestic owner) that is disregarded as an entity separate from its owner under States. A Chinese student who qualifies for this exception (under paragraph 2 of the first Treasury regulations section 301.7701.3, enter the owner’s name in the “Name” box. protocol) and is relying on this exception to claim an exemption from tax on his or her Enter the LLC’s name in the “Business Name” box. scholarship or fellowship income would attach to Form W-9 a statement that includes the Other entities. Enter your business name as shown on required Federal tax documents information described above to support that exemption. in the “Name” box. This name should match the name shown on the charter or other legal If you are a nonresident alien or a foreign entity not subject to backup withholding, documents creating the entity. You may enter any business, trade, or DBA name in the give the requester the appropriate completed Form W-8. “Business name” box. What is backup withholding? Persons making certain payments to you must withhold PART 2—PAYEE ENTITY TYPE. Please check appropriate box. and pay to the IRS 30% of such payments (29% after December 31, 2003; 28% after Note: You are requested to check the appropriate box for your status (individual/sole December 31, 2005). This is called “backup withholding.” Payments that may be subject proprietor, corporation, etc.). to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. PART 3—PAYEE’S TAXPAYER IDENTIFICATION NUMBER (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor, the District and the IRS prefer that you enter your RFP #04-15 Robotic Training Center & Partnership Page 20 PAYEE DATA RECORD (Required in lieu of IRS Form W-9) social security number. The State of California Employment Development 14. A middleman known in the investment community as a nominee or custodian; or Department requires your SSN on the DE542 report. 15. A trust exempt from tax under section 664 or described in section 4947. If you are a single-owner LLC that is disregarded as an entity separate from its owner (see The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt recipients listed above, 1 through 15. Limited liability company (LLC) in Part 1), enter your SSN. If the LLC is a corporation, partnership, etc., enter the entity’s EIN. Note: See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this form on-line at www.ssa.gov/online/sst.html. You If the payment is for… THEN the payment is exempt for… Interest and dividend payments All exempt recipients except for 9 Broker transactions Exempt recipients 1 through 13. Also, a may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS person registered under the Investment Individual Taxpayer Identification Number, to apply for an ITIN or Form SS-4, Application Advisers Act of 1940 who regularly acts as a broker for Employer Identification Number, to apply for an EIN. Your can get Forms W-7 and SS4 from the IRS by calling 1-800-TAX-FORM (1-800-829-3676) or from the IRS’s internet Barter exchange transactions and Web Site at www.irs.gov. patronage dividends If you are asked to complete Form W-9 but do not have a TIN, write “Applied For” in the Payments over $600 required to be space for the TIN, sign and date the form, and give it to the requester. For interest and reported and direct sales over $5,000 Exempt recipients 1 through 5 Generally, exempt recipients 1 through 7 1 2 dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation (including gross proceeds paid to apply to other types of payments. You will be subject to backup withholding on all such an attorney under section 6045(f), even if the attorney is a corporation) and reportable on payments until you provide your TIN to the requester. Form 1099-MISC are not exempt from backup withholding: medical and health care Note: Writing “Applied For” means that you have already applied for a TIN or that you payments, attorneys’ fees; and payments for services paid by a Federal executive agency. intend to apply for one soon. PART 5—RESIDENCY STATUS Caution: A disregarded domestic entity that has a foreign owner must use the Each corporation, individual, sole proprietor, partnership, estate or trust doing appropriate Form W-8. business with the MiraCosta Community College District must indicate their residency PART 4—EXEMPT FROM BACKUP WITHHOLDING If you are exempt, enter your name as described above and check the appropriate box for your status, then check the “Exempt from backup withholding” box in Part 4. status along with their taxpayer identification number. A corporation will be considered a “resident” if it has a permanent place of business in California. The corporation has a permanent place of business in California if it is organized and existing under the laws of this state or, if a foreign corporation, has Generally, individuals (including sole proprietors) are not exempt from backup withholding. qualified to transact intrastate business. A corporation that has not qualified to Corporations are exempt from backup withholding for certain payments, such as interest transact intrastate business (e.g., a corporation engaged exclusively in interstate and dividends. commerce) will be considered as having a permanent place of business in this state Note: If you are exempt from backup withholding, you should still complete this form to only if it maintains a permanent office in this state that is permanently staffed by its avoid possible erroneous backup withholding. employees. Exempt payees. Backup withholding is not required on any payments made to the For individuals/sole proprietors, the term “resident” includes every individual who following payees: is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2); 2. The United States or any of its agencies or instrumentalities; perform a particular contract of short duration will be considered a nonresident. 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities; For withholding purposes, a partnership is considered a resident partnership if it has 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities; or a permanent place of business in California. An estate is considered a California estate 5. An international organization or any of its agencies or instrumentalities; a California trust if at least one trustee is a California resident. 6. A corporation; 7. A foreign central bank of issue; More information on residency status can be obtained by calling the Franchise Tax Board at the numbers listed below: 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States. 9. A futures commission merchant registered with the commodity Futures Trading Commission; 10. A real estate investment trust; 11. An entity registered at all times during the tax year under the Investment Company Act of 1940; Payments made to nonresident payees, including corporations, individuals, partnerships, 12. A common trust fund operated by a bank under section 584(a); California or receiving rent, lease or royalty payments from property (real or personal) 13. A financial institution; an individual who comes to California for a purpose, which will extend over a long or indefinite period, will be considered a resident. However, an individual who comes to if the decedent was a California resident at the time of death and a trust is considered From within the United States, call ......................................... 1-800-338-0505 From outside the United Sates, call ........................................ 1-916-845-6600 For hearing impaired with TDD, call........................................ 1-800-822-6268 Are You Subject To Nonresident Withholding? estates and trusts, are subject to withholding. Nonresident payees performing services in RFP #04-15 Robotic Training Center & Partnership Page 21 PAYEE DATA RECORD (Required in lieu of IRS Form W-9) located in California will have 7% of their total payments withheld for state income taxes. (under section 529), IRA or Archer MSA contributions or distributions, and However, no withholding is required if total payments to the payee are $1500 or less for pension distributions. You must give your correct TIN, but you do not have to the calendar year. sign the certification. A nonresident payee may request that income taxes be withheld at a lower rate or waived by sending a completed form FTB 588 to the address below. A waiver will generally be granted when a payee has a history of filing California returns and making timely estimated payments. If payee activity is carried on outside of California or partially outside of PART 7—TYPE OF BUSINESS ENTERPRISE Please check every box that applies and attach appropriate certification. What Name/Number to Give the Requester California, a waiver or reduced withholding rate may be granted. For more information, contact: Franchise Tax Board For this type of account: Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint account) The actual owner of the account or, if combined funds, the first individual on the account 1 3. Custodian account of a minor (Uniform Gift to Minors Act) The minor 4. a. The usual revocable savings trust (grantor is also trustee) The grantor-trustee b. So-Called trust account that is not a legal or valid trust under state law The actual owner Nonresident Withholding Section Attention: State Agency Withholding Coordinator PO Box 651 Sacramento, CA 95812-0651 Telephone: (916) 845-4900 FAX: (916) 845-4831 If the Franchise Tax Board has authorized a reduced rate of withholding or waiver, attach a copy to this form. 5. PART 6—CERTIFICATION Sole proprietorship or single-owner LLC 2 1 1 The owner—See Footnote 3 To establish to the withholding agent that you are a U.S. person, or resident alien, sign the For this type of account: Give name and EIN of: PAYEE DATA RECORD Form. The withholding agent may request you to sign even if items 6. Sole proprietorship or single-owner LLC The owner—See 5 above and Footnote 3. 7. A valid trust, estate, or pension trust Legal entity 8. Corporate or LLC electing corporate status on Form 8832 The corporation 9. Association, club, religious, charitable, educational, or other tax-exempt organization 1, 3, and 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in PART 2 should sign (when required). Exempt recipients, see Exempt from backup withholding on page 2. Signature requirements. Complete the certification as indicated in 1 through 5 below. 1. 2. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct 10. Partnership or multi-member LLC TIN, but you do not have to sign the certification. 11. A broker or registered nominee Interest, dividend and barter exchange accounts opened after 1983 and 12. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payment to corporations). 5. 4 The organization The partnership The broker or nominee The public entity List first and circle the name of the persons whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. 1 2 Circle the minor’s name and furnish the minor’s SSN. 3 You must show your individual name, but you may also enter your business or “DBA” name. The District and the IRS prefer that you provide your SSN. The District needs your SSN for State of California EDD DE542 reporting purposes. You may provide both you SSN and your EIN. The SSN will only be used for State of California EDD DE542 reporting; your EIN will be used for IRS 1009MISC reporting 4 List first and circle the name of the legal trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified state tuition program payments Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA or Archer MSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, and the District of Columbia to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, or to Federal and state agencies to enforce Federal nontax criminal laws and to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 30% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. RFP #04-15 Robotic Training Center & Partnership Page 22