BIDDER'S INQUIRIES & RESPONSES
DISTRICT 11 CONSTRUCTION

 
CONTRACT NO: 11-288504
ROUTE / KP 11-SD-52,163-5.8/7.5, 9.4/9.9
LOCATION In San Diego County In San Diego On Route 52 From 0.4 Mile East Of Convoy Street Overcrossing To 0.1 Mile East Of Route 52/15 Separation And On Route 163 From 0.2 Mile South To 0.3 Mile North Of Route 163/52 Separation.
DESCRIPTION Irrigation System Conversion To Recycled Water.
ESTIMATE $ 310,000
WORKING DAYS 295
ADVERTISE DATE 04/21/2008
BID OPENING 05/22/2008
FINAL POSTING 05/21/08   @  1525

BID RESULTS

The Caltrans District 11 Office is located at 4050 Taylor Street, San Diego, CA 92110. The District 11 Duty Senior telephone number is (619) 688-6635. Please submit all inquiries in the proper format by fax to (619) 688-6988 or e-mail to:
Duty_Senior_Const_District11@dot.ca.gov.
The responses to bidder' inquiries, unless incorporated into a formal addenda to the contract, are not a part of the contract and are provided for the bidder's convenience only. In some instances, the question and answer may represent a summary of the matters discussed rather than a word-for-word recitation. The responses may be considered along with all other information furnished to prospective bidders for the purpose of bidding on the project. The availability or use of information provided in the responses to bidder' inquiries is not to be construed in any way as a waiver of the provisions of Section 2-1.03 of the Standard Specifications or any other provision of the contract, the plans, Standard Specifications or Special Provisions, nor to excuse the contractor from full compliance with those contract requirements. Bidders are cautioned that subsequent responses or contract addenda may affect or vary a response previously given.
Caltrans District 11 Construction Department has developed this method of answering Bidder's Inquiries to better serve the needs of the Contractors who bid on our Projects. Caltrans District 11 Construction Department will post all of the questions submitted by any of the contractors that are registered Planholders for that Contract, but reserves the right to not answer any questions deemed unsatisfactory for public viewing.
The BIDDER'S INQUIRIES & RESPONSES will be updated continuously and all attempts will be made to do the final posting by 15:00 on Wednesday prior to the bid opening.
INFORMATION AVAILABLE
 

BID ITEMS
 SPECIALS
PLANS
 PLANHOLDERS






ADDENDUM


 
 
 
 

BIDDER'S INQUIRY SUBMITTAL FORM


Inquiry No.
Inquiry
    1 

   Q:05/07/08
   R:05/14/08

Plan Sheet / Specification Reference= DVBE Participation Goals

Question= Regarding the "Commercially Useful Function (CUF)" requirement, do temporary workers supplied by a DVBE, and who work directly on the jobsite, qualify as a CUF?

  • Question No. 2 is the revised version of this question submitted by the Contractor. Please refer to question No. 2 and it's response.   

    2 

  Q:05/12/08
   R:05/14/08

Plan Sheet / Specification Reference= Regarding Commercially Useful Function of DVBE

Question= Would like you to clarify for prime bidders that hiring a DVBE subcontractor to supply temporary workers for this job satisfies the Commercially Useful Function criteria, in that the workers will be "...responsible for performing a distinct element of the work and carry out its responsibility by actually performing...the work."

The Office of Small Business & DVBE Services (OSDS)has approved this approach:

January 12, 2007
"Re: your last question about performing a distinct element of the project, if the temp worker is doing the work of the contract, you are fulfilling the requirement.
 The key to meeting this expectation is: the type of work that is being done by the worker.  It doesn't matter if they're with a crew of the prime's employees or if they're working alone - as long as the hours/type of work can be tied back to the project.”
 
Sherry A. Felder
Small Business & DVBE Certification Officer
Office of Small Business & DVBE Services (OSDS)
California Department of General Services, Procurement
707 3rd Street, 1st Floor, Room 400, West Sacramento, CA 95605
Direct: 916.375.4927 -or- Operator: 916.375.4940
Fax: 916.375.4950
www.pd.dgs.ca.gov/smbus

Also, this approach was used on CalTrans Contract #03-0E3604 by Berkeley Engineering (prime) and Cornwell technologies (DVBE). Please contact Mr. Mike Sanchez, North region Asst Labor Compliance Officer at (530) 822-5345

  • As stated in Section 2-1.02 of the Special Provisions, a DVBE contractor or subcontractor must perform a commercially useful function, that is, be responsible for the execution of a distinct element of the work and carry out its responsibility by actually performing, managing, or supervising the work.  An extra participant will not be considered to perform a commercially useful function.  In fulfulling the DVBE requirements the bidder (prime contractor) must include the names of all the participating DVBE firms with a complete description of work or supplies to be provided by each and the dollar value of each DVBE transaction.  When less than 100 percent of the item of work is not performed by the DVBE, the prime must report the exact portion of the owrk to be performed by the DVBE to include planned location of the work.

    For the purpose of labor compliance, workers furnished by a firm, whose business is supplying temporary workers to a public works project, will be considered employees of the prime contractor or subcontractor requiring the services unless the firm participates as a subcontractor on the project.  When considering the use of temporary workers, the contractor should  review California Labor Codes 1779 and 1780.     

    3 

  Q:05/15/08
   R:05/21/08

Plan Sheet / Specification Reference= DVBE Temporary Workers

Question= My interpretation of District 11’s DVBE temporary worker policy is:

"As long as the prime contractor defines the scope or portion of work to be performed by the temporary worker(s) supplied by a DVBE, those workers will be considered to be employees of the prime contractor (unless the DVBE firm participates as a subcontractor on the project) and perform a Commercially Useful Function”

Please confirm my interpretation is correct.

  • Caltrans does not have a temporary worker policy. 
In accordance with the Special Provisions, "The bidder's DVBE information shall include the names of all DVBE firms that will participate, with a complete description of work or supplies to be provided by each and the dollar value of each DVBE transaction.  When 100 percent of the contract item of work is not to be performed or furnished by the DVBE, a description of the exact portion of that work to be performed or furnished by that DVBE shall be included in the DVBE information, including the planned location of the work."

The DVBE firm is performing a CUF if it is responsible for the execution of a distinct element of work by actually performing, managing, or supervising the work.  The DVBE must participate in the scope of work as a subcontractor or providing services to the prime or other subcontractorand those specific contract items of work will be submitted on the DVBE documents as stated above.   


OTHER LINKS OF INTEREST

DISTRICT 11 CONSTRUCTION BIDDER'S INQUIRIES & RESPONSES
DISTRICT 11 HOMEPAGE
CALTRANS OFFICE ENGINEER: Contract Advertisement, Special Provisions, Plan Holders, Contract Awards, etc.
DEPARTMENT OF TRANSPORTATION