TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: John Ristow
Matt Loesch
SUBJECT: See Below DATE: November 24, 2025
Approved Date:
12/3/25
CO
UNCIL DISTRICTS: 2, 5, 7, 8
S
UBJECT: Report on Bids and Award of Contract for the 10594 – 2026 Local Streets ADA Curb Ramps #2 Project
RECOMMENDATION
(a
) Report on bids and award a contract for the construction of 10594 – 2026 Local Streets ADA Curb Ramps #2 Project to the lowest responsive, responsible bidder, Spencon Construction, Inc., in the amount of $1,224,200; and (b
) Approve a 10% contingency in the amount of $122,420.
SUMMARY AND OUTCOME
A
ward of the contract to Spencon Construction, Inc. enables the construction of the 10594 – 2026 Local Streets ADA Curb Ramps #2 Project (Project), which involves upgrading and constructing Americans with Disabilities Act (ADA) compliant wheelchair ramps at various locations citywide in preparation for the 2026 Local Streets Pavement Maintenance Program. Approval of the 10% contingency will provide funding for any unanticipated work necessary for the proper completion or construction of the Project.
BACKGROUND
T
he Department of Transportation will maintain approximately 95 miles of roadway on the Local Streets Network during the 2026 construction season. As part of the annual pavement maintenance program, the Department of Transportation incorporates preventive maintenance treatments, such as surface sealing and resurfacing, to extend pavement life, improve ride quality, and reduce long-term maintenance costs. Per Title 28 Section 35.151 of the Code of Federal Regulations, ADA compliant curb ramp installations and retrofits are typically required when pavement treatments involve COUNCIL AGENDA: 12/16/25
FILE: 25-1326
ITEM: 2.27
HONORABLE MAYOR AND CITY COUNCIL
November 24, 2025
Subject: Report on Bids and Award of Contract for the 10594 – 2026 Local Streets ADA Curb Ramps #2 Project
alterations to the roadways. These curb ramps provide safe and accessible pedestrian crossings for all users, including individuals with disabilities, and ensures that San José’s infrastructure meets current accessibility standards.
The ADA curb ramp installation work typically includes removal of existing non- compliant curb ramps or barriers, grading and pouring of new compliant curb ramps, installation of detectable warning surfaces, and restoration of adjacent sidewalk and roadway surfaces.
To develop the curb ramp candidate list, the Department of Transportation utilized data collected in the OpenGov Enterprise Asset Management tool, which tracks curb ramp conditions and compliance status. The candidate list is further refined by staff using the following criteria to select the streets for pavement maintenance and consequently, the curb ramps on those streets:
• Funding availability and funding use restrictions;
• Total miles of streets in different rehabilitation and maintenance categories; • Streets not affected by current or future street-related projects; • Maintenance history and prescribed treatment schedules; • Existing conditions and compliance needs;
• Equity and community needs;
• Community and City Council office feedback regarding roadway conditions and priority street segments; and
• Coordination with other planned or utility projects.
Construction is scheduled to begin in March 2026 with substantial completion anticipated by June 2026.
Attachment A – List of Locations, includes the list of ADA curb ramps proposed for installation or retrofits as part of this Project. This list is subject to change if unforeseen circumstances arise or if new information about other street-related projects become available.
HONORABLE MAYOR AND CITY COUNCIL
November 24, 2025
Subject: Report on Bids and Award of Contract for the 10594 – 2026 Local Streets ADA Curb Ramps #2 Project
ANALYSIS
Bid Results
Bids were opened on October 16, 2025, with the following results:
Contractor Bid Amount Variance
Amount
Over/(Under)
Percent
Duran Construction Group, Inc.
(San José)
(non-responsive)
$1,219,770 ($325,230) (21)
Spencon Construction, Inc.
(Sunnyvale) $1,224,200 ($320,800) (21)
JJR Construction, Inc.
(San José) $1,244,625 ($300,374) (19)
QLM, Inc.
(San José) $1,256,300 ($288,700) (19)
R&S Construction Management, Inc.
(San Francisco) $1,275,970 ($269,030) (17)
Wattis Construction Company, Inc.
(San José) $1,285,651 ($259,349) (17)
Engineer’s Estimate $1,545,000 -- --
Zara Construction, Inc.
(Sacramento) $1,597,590 $52,590 3
FBD Vanguard Construction, Inc.
(Livermore) $1,768,800 $223,800 14
Procurement Issues
The bid from Duran Construction Group, Inc. was deemed non-responsive for failing to meet the City of San José’s (City) experience requirements and for failing to submit a California Air Resources Board (CARB) Off-Road Regulation Certificate(s) of Reported Compliance for any designated subcontractor with fleets subject to such regulations.
Since 2008, CARB has regulated certain types of construction vehicles through the In- Use Off-Road Diesel-Fueled Fleets Regulation (Off-Road Regulation). The Off-Road Regulation requires contractors and other fleet owners to reduce their emissions by retiring older vehicles and replacing the retired vehicles with newer vehicles, repowering older engines, or installing verified diesel emission control strategies in older engines; and by restricting the addition of older vehicles to fleets.
HONORABLE MAYOR AND CITY COUNCIL
November 24, 2025
Subject: Report on Bids and Award of Contract for the 10594 – 2026 Local Streets ADA Curb Ramps #2 Project
In 2022, CARB approved amendments to the Off-Road Regulation aimed at “[establishing] a proactive check at the onset of a project or at contract renewal to encourage fleets to comply with the regulation…[and] also safeguard against the unfair monetary advantage of non-compliance and thus help level the playing field for all fleets.”1 The amendments, which went into effect January 1, 2024, require public agencies to obtain a valid Off-Road Certificate of Reported Compliance for the fleets and subcontractors that are listed in the contract. The certificates must be obtained by the public agency prior to entering into a public works contract.
In accordance with the Off-Road Regulation, the City has, since January 2024, required that bidders provide CARB compliance documentation with each bid.
On October 22, 2025, the City issued a notice of intent to award notifying Duran Construction Group that its bid was non-responsive and stating the City’s intent to award the contract to the lowest responsive, responsible bidder, Spencon Construction, Inc. On October 27, 2025, Duran Construction Group submitted a written protest to the City (Attachment B – Protest Submitted by Duran Construction Group) requesting that the City waive the irregularities in its bid. On October 29, 2025, the City’s Public Works Department responded to Duran Construction Group by declining its request and stating that the City would continue to recommend award to Spencon Construction, Inc. (Attachment C – City’s Response to Duran Construction Group’s Bid Protest).
Bid Price Analysis
The low bid submitted by Spencon Construction, Inc. is 21% below the Engineer’s Estimate. The bids are lower than the Engineer’s Estimate likely due to competitive contractor pricing and market efficiencies identified.
The Engineer’s Estimate was developed using recent bid data from smaller-scale ADA curb ramp projects, as this is the first major curb ramp project undertaken by the team in several years. While this approach provided a basis for estimating, it may have resulted in higher projected cost compared to current market pricing for a larger-scale project.
Staff has determined that the submitted low bid is reasonable and acceptable for the scope of work.
Contractor Prior Experience
Spencon Construction, Inc. has successfully completed numerous ADA curb ramp projects for the City including: 8300 – 2016 ADA Sidewalk Accessibility Ramps Project; 9050 – 2019 Major Streets Concrete and ADA Ramps Project #2; 9951 – 2021 ADA
1 CARB Amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulation website:
https://ww2.arb.ca.gov/resources/fact-sheets/fact-sheet-contracting-requirements
HONORABLE MAYOR AND CITY COUNCIL
November 24, 2025
Subject: Report on Bids and Award of Contract for the 10594 – 2026 Local Streets ADA Curb Ramps #2 Project
Curb Ramp Request Project #2 – Sustainable Mix Design; 10060 – 2022 Major Streets Concrete and ADA Ramp Minor Project #1; 10231 – 2023 MS ADA Ramp Minor Project #2; 10348 – 2024 LS ADA Ramps #1 Project; and 10473 – 2025 LS ADA Ramps #1 Project.
Contingency
San José Municipal Code Section 27.04.050 provides for a standard contingency of 10% on all public works contracts except those involving the renovation of building or buildings. The standard contingency is appropriate for the Project.
Wage Theft Prevention Policy Check
The Department of Public Works’ Office of Equality Assurance reviewed bidders for compliance with the City’s Wage Theft Prevention Policy on October 16, 2025, and again on October 29, 2025. A wage violation was identified which fell within the policy’s five-year enforcement window for the following contractor: Spencon Construction, Inc.
However, in accordance with the Wage Theft Prevention Policy, the violation did not meet or exceed the threshold for mandatory disqualification. The bidder was allowed to proceed in the procurement process.
Project Labor Agreement Applicability
The City’s Project Labor Agreement is applicable to this Project because at the time of advertisement, the Project Labor Agreement applied to any project with an Engineer’s Estimate over $1.21 million.
Local and Small Business Outreach
Spencon Construction, Inc. is a local and small business enterprise. No subcontractors are listed for the Project.
EVALUATION AND FOLLOW-UP
The Department of Transportation continuously evaluates the condition of San José’s pavement and regularly reports its findings to the Transportation and Environment Committee. In addition to the Project discussed in this memorandum, seven additional pavement maintenance projects are scheduled for City Council consideration this spring. These include seven contracts for surface sealing or resurfacing, covering a combined total of approximately 143 miles of streets planned for maintenance in the 2026 construction season.
HONORABLE MAYOR AND CITY COUNCIL
November 24, 2025
Subject: Report on Bids and Award of Contract for the 10594 – 2026 Local Streets ADA Curb Ramps #2 Project
COST SUMMARY/IMPLICATIONS
This project supports the Transportation and Aviation Services City Service Area goal to provide a safe and secure transportation system that enhances community livability. In compliance with federal ADA requirements, the City must ensure that all ADA curb ramps are upgraded to current standards on streets scheduled for maintenance. The source of funding for this project is included in the 2025-2027 Adopted Biennial Capital Budget in the VTA Measure B Pavement Maintenance Fund (Fund 486). This project will have no net operating and maintenance costs to the General Fund.
1. TOTAL COST OF PROJECT
Programmatic Project Delivery $122,420
Construction
1,224,200
Contingency 122,420
TOTAL PROJECT COSTS $1,469,040
2. COST ELEMENTS OF CONTRACT AS RECOMMENDED AS PART OF THE MEMORANDUM:
Concrete ADA Curb Ramps $1,202,550
Construction Material Removal and Replacement 3,900
Utility Modification 2,750
Other Construction Costs 15,000
TOTAL CONTRACT AMOUNT $1,224,200
BUDGET REFERENCE
The following table identifies the fund and appropriations to fund the contract recommended as part of this memorandum and remaining project costs, including project delivery, construction, and contingency costs.
HONORABLE MAYOR AND CITY COUNCIL
November 24, 2025
Subject: Report on Bids and Award of Contract for the 10594 – 2026 Local Streets ADA Curb Ramps #2 Project
Fund
#
Appn.
#
Appropriation
Name
Total
Appropriation
Amount for
Contract
2025-2027
Adopted
Biennial Capital
Budget Page
Last Budget
Action
(Date, Ord.
No.)
486 403Q
Pavement
Maintenance
– VTA 2016
Measure B
$35,734,000 $1,224,200 1008 10/21/2025
31252
COORDINATION
This memorandum has been coordinated with the City Attorney’s Office, the City Manager’s Budget Office, and the Planning, Building, and Code Enforcement Department.
PUBLIC OUTREACH
This memorandum will be posted on the City’s Council Agenda website for the December 16, 2025 City Council meeting.
When the Project commences, the contractor will provide advance notification regarding working hours, project duration, and any appropriate schedule and lane closures to affected businesses and residents, as stated in the specifications.
COMMISSION RECOMMENDATION AND INPUT
No commission recommendation or input is associated with this action.
CEQA
Categorically Exempt, File No. ER24-313, CEQA Guidelines Section 15301(c), Existing Facilities.
HONORABLE MAYOR AND CITY COUNCIL
November 24, 2025
Subject: Report on Bids and Award of Contract for the 10594 – 2026 Local Streets ADA Curb Ramps #2 Project
PUBLIC SUBSIDY REPORTING
T
his item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution.
/s/ /s/
John Ristow Matt Loesch
Director, Department of Transportation Director, Public Works Department F
or questions, please contact Jennifer Seguin, Deputy Director, Department of Transportation, at [email protected] o r Katherine Brown, Assistant Director, Public Works Department at [email protected].
AT
TACHMENTS:
Attachment A – List of Locations
Attachment B – Protest Submitted by Duran Construction Group Attachment C – City’s Response to Duran Construction Group’s Bid Protest ATTACHMENT A – List of Locations
Report on Bids and Award of Contract for the 10594 – 2026 Local Streets ADA Curb Ramps #2 Project
List of Locations
Intersection Direction CD
Barnswell Wy & Grandwell Wy SE 2
Barnswell Wy & Grandwell Wy SW 2
Dearwell Wy & Fordwell Ct NW 2
Dearwell Wy & Fordwell Ct SW 2
Dearwell Wy & Knollwell Wy NE 2
Dearwell Wy & Knollwell Wy SE 2
Dearwell Wy & Knollwell Wy & Linwell Ct NE 2
Dearwell Wy & Knollwell Wy & Linwell Ct NW 2
Dearwell Wy & Knollwell Wy & Linwell Ct SE 2
Dearwell Wy & Knollwell Wy & Linwell Ct SW 2
Felice Ct & Prindiville Dr NE 2
Felice Ct & Prindiville Dr SE 2
Finchwell Ct & Knollwell Wy NW 2
Finchwell Ct & Knollwell Wy SW 2
Flintwell Wy & Harwell Ct SE 2
Flintwell Wy & Harwell Ct SW 2
Flintwell Wy & Knollwell Wy SE 2
Flintwell Wy & Knollwell Wy SW 2
Flintwell Wy & Sagewell Wy NE 2
Flintwell Wy & Sagewell Wy NW 2
Forsum Rd / Forsum Ct & Forsum Dr NE 2
Forsum Rd / Forsum Ct & Forsum Dr NW 2
Forsum Rd / Forsum Ct & Forsum Dr SW 2
Forsum Rd / Forsum Dr & Urshan Wy NW 2
Forsum Rd / Forsum Dr & Urshan Wy SW 2
Forsum Rd & Menard Dr NW 2
Forsum Rd & Menard Dr SW 2
Forsum Rd & Prindiville Dr NW 2
Forsum Rd & Prindiville Dr SW 2
Forsum Rd & Yasui Ct NW 2
Forsum Rd & Yasui Ct SW 2
Foxwell Ct / Barnswell Wy & Sagewell Wy NE 2
Foxwell Ct / Barnswell Wy & Sagewell Wy NW 2
Foxwell Ct / Barnswell Wy & Sagewell Wy SE 2
Foxwell Ct / Barnswell Wy & Sagewell Wy SW 2
ATTACHMENT A – List of Locations
Report on Bids and Award of Contract for the 10594 – 2026 Local Streets ADA Curb Ramps #2 Project
Intersection Direction CD
Grandwell Wy & Rosewell Ct & Rosewell Wy NE 2
Grandwell Wy & Rosewell Ct & Rosewell Wy NW 2
Grandwell Wy & Rosewell Ct & Rosewell Wy SE 2
Grandwell Wy & Rosewell Ct & Rosewell Wy SW 2
Grandwell Wy & Sagewell Wy SE 2
Grandwell Wy & Sagewell Wy SW 2
Knollwell Wy & Palmwell Wy NE 2
Knollwell Wy & Palmwell Wy NW 2
Limewell Ct & Sagewell Wy NW 2
Limewell Ct & Sagewell Wy SW 2
Marshwell Wy & Palmwell Wy SE 2
Marshwell Wy & Palmwell Wy SW 2
Marshwell Wy & Southmar Ct NE 2
Marshwell Wy & Southmar Ct SE 2
Marshwell Wy & Southview Dr NW 2
Marshwell Wy & Southview Dr SW 2
Menard Dr & Urshan Wy SE 2
Menard Dr & Urshan Wy SW 2
Oldwell Ct & Sagewell Wy NW 2
Oldwell Ct & Sagewell Wy SW 2
Palmwell Wy & Southpine Dr SE 2
Palmwell Wy & Southpine Dr SW 2
Prindiville Ct & Prindiville Dr NE 2
Prindiville Ct & Prindiville Dr SE 2
Prindiville Dr & Urshan Wy SE 2
Prindiville Dr & Urshan Wy SW 2
S South Breeze Ct & Tennant Av SE 2
S South Breeze Ct & Tennant Av SW 2
S South Garden Ct & Tennant Av SE 2
S South Garden Ct & Tennant Av SW 2
S South Terrace Ct & Southview Dr NW 2
S South Terrace Ct & Southview Dr SW 2
Southbrook Ct & Southbrook Dr SE 2
Southbrook Ct & Southbrook Dr SW 2
Southbrook Dr & Southview Dr NE 2
Southbrook Dr & Southview Dr SE 2
ATTACHMENT A – List of Locations
Report on Bids and Award of Contract for the 10594 – 2026 Local Streets ADA Curb Ramps #2 Project
Intersection Direction CD
Southcreek Ct & Southview Dr NW 2
Southcreek Ct & Southview Dr SW 2
Southfield Ct & Southview Dr NW 2
Southfield Ct & Southview Dr SW 2
Southgate Ct & Southview Dr NE 2
Southgate Ct & Southview Dr SE 2
Southlake Ct & Southlake Dr & Southview Dr NE 2
Southlake Ct & Southlake Dr & Southview Dr NW 2
Southlake Ct & Southlake Dr & Southview Dr SE 2
Southlake Ct & Southlake Dr & Southview Dr SW 2
Southlake Dr & Southmont Ct SE 2
Southlake Dr & Southmont Ct SW 2
Southlake Dr & Southridge Ct SE 2
Southlake Dr & Southridge Ct SW 2
Southlite Ct & Tennant Av SE 2
Southlite Ct & Tennant Av SW 2
Southpine Ct & Southpine Dr NW 2
Southpine Ct & Southpine Dr SW 2
Southpine Dr & Southview Dr NW 2
Southpine Dr & Southview Dr SW 2
Southport Ct & Southview Dr NE 2
Southport Ct & Southview Dr SE 2
Southview Dr / S South Surf Ct & Tennant Av NE 2
Southview Dr / S South Surf Ct & Tennant Av NW 2
Southview Dr / S South Surf Ct & Tennant Av SE 2
Southview Dr / S South Surf Ct & Tennant Av SW 2
Southview Dr & Southwind Dr NW 2
Southview Dr & Southwind Dr SW 2
Southwind Dr & Tennant Av NE 2
Southwind Dr & Tennant Av NW 2
Urshan Ct & Urshan Wy NW 2
Urshan Ct & Urshan Wy SW 2
Fiji Dr & Mabury Rd NE 5
Fiji Dr & Mabury Rd NW 5
Franklin Ct & Mabury Rd SE 5
Franklin Ct & Mabury Rd SW 5
ATTACHMENT A – List of Locations
Report on Bids and Award of Contract for the 10594 – 2026 Local Streets ADA Curb Ramps #2 Project
Intersection Direction CD
Gridley St & Mabury Rd / San Marino Av NW 5
Gridley St & Mabury Rd / San Marino Av SW 5
Kyle St & Mabury Rd NE 5
Kyle St & Mabury Rd NW 5
Mabury Rd & Orange St SE 5
Mabury Rd & Orange St SW 5
Mabury Rd & Pelleas Ln SE 5
Mabury Rd & Pelleas Ln SW 5
Mabury Rd & Pride St SE 5
Mabury Rd & Pride St SW 5
Mabury Rd & Timor Ct SE 5
Mabury Rd & Timor Ct SW 5
Aiello Dr & Lewis Rd NW 7
Ascot Ln & Southside Dr SW 7
Durant Av & Southside Dr SE 7
Haga Dr & Southside Dr SW 7
Lewis Rd & New Street St SE 7
Livonia Pl & Wall St SW 7
Southside Dr & Sunburst Dr NE 7
Southside Dr & Sunburst Dr NW 7
Sunburst Dr & Sunwood Dr NE 7
Sunburst Dr & Sunwood Dr SE 7
Wall St & Weber St NW 7
Bluff Ct & Running Springs Rd NW 8
Bluff Ct & Running Springs Rd SE 8
Bluff Ct & Running Springs Rd SW 8
Carmella Ct & Rachaella Ln NW 8
Carmella Ct & Rachaella Ln SW 8
Castle Canyon Wy & Heartland Wy NW 8
Castle Canyon Wy & Heartland Wy SW 8
Castle Canyon Wy & Livery Ln NE 8
Castle Canyon Wy & Livery Ln SE 8
Clover Meadow Ct & Scenic Meadow Ln NE 8
Clover Meadow Ct & Scenic Meadow Ln SE 8
Dovetail Ct & Placid Ct & Running Springs Rd NE 8
Dovetail Ct & Placid Ct & Running Springs Rd NW 8
ATTACHMENT A – List of Locations
Report on Bids and Award of Contract for the 10594 – 2026 Local Streets ADA Curb Ramps #2 Project
Intersection Direction CD
Dovetail Ct & Placid Ct & Running Springs Rd SE 8
Dovetail Ct & Placid Ct & Running Springs Rd SW 8
Early Morning Ln & Running Springs Rd NE 8
Early Morning Ln & Running Springs Rd NW 8
Early Morning Ln & Running Springs Rd SW 8
Gold Meadow Ct & Scenic Meadow Ln NE 8
Gold Meadow Ct & Scenic Meadow Ln SE 8
Grand Meadow Ln & Meadowlands Ln NE 8
Grand Meadow Ln & Meadowlands Ln NW 8
Grand Oak Wy & Hematite Ct NE 8
Grand Oak Wy & Hematite Ct SE 8
Grand Oak Wy & Robin Ridge Ct SE 8
Grand Oak Wy & Robin Ridge Ct SW 8
Grand Oak Wy & Running Springs Rd NE 8
Grand Oak Wy & Running Springs Rd NE 8
Grand Oak Wy & Running Springs Rd NW 8
Grand Oak Wy & Running Springs Rd SE 8
Grand Oak Wy & Running Springs Rd SE 8
Grand Oak Wy & Running Springs Rd SW 8
Hawkcrest Cl & Running Springs Rd NE 8
Hawkcrest Cl & Running Springs Rd NW 8
Hawkcrest Cl & Running Springs Rd SE 8
Heartland Wy & Promontory Wy NW 8
Heartland Wy & Promontory Wy SW 8
Heartland Wy & Wilderness Cl NE 8
Heartland Wy & Wilderness Cl NW 8
Hidden Meadow Ct & Meadowlands Ln NE 8
Hidden Meadow Ct & Meadowlands Ln NW 8
High Meadow Ln & Meadowlands Ln NE 8
High Meadow Ln & Meadowlands Ln NW 8
High Meadow Ln & Meadowlands Ln NW 8
High Meadow Ln & Meadowlands Ln SW 8
Livery Ln & Promontory Wy NE 8
Livery Ln & Promontory Wy SE 8
Livery Ln & Running Springs Rd SE 8
Livery Ln & Running Springs Rd SW 8
ATTACHMENT A – List of Locations
Report on Bids and Award of Contract for the 10594 – 2026 Local Streets ADA Curb Ramps #2 Project
Intersection Direction CD
Meadow Vista Ct & Meadowfield Ln NE 8
Meadow Vista Ct & Meadowfield Ln NW 8
Meadowlands Ln & Mountain Meadow Ct NE 8
Meadowlands Ln & Mountain Meadow Ct SE 8
Meadowlands Ln & Scenic Meadow Ln NE 8
Meadowlands Ln & Scenic Meadow Ln NW 8
Pine Meadow Ct & Scenic Meadow Ln NE 8
Pine Meadow Ct & Scenic Meadow Ln SE 8
Red Peak Ln & Running Springs Rd NE 8
Red Peak Ln & Running Springs Rd NW 8
Red Peak Ln & Running Springs Rd SW 8
Red Peak Ln & Skywalker Dr SE 8
Red Peak Ln & Skywalker Dr SW 8
Running Springs Rd & Skywalker Dr NE 8
Running Springs Rd & Skywalker Dr NW 8
Running Springs Rd & Skywalker Dr SE 8
Running Springs Rd & Skywalker Dr SW 8
Running Springs Rd & Skywalker Dr SW 8
Running Springs Rd & Windrow Ct SE 8
Running Springs Rd & Windrow Ct SW 8
Scenic Meadow Ct & Scenic Meadow Ln NE 8
Scenic Meadow Ct & Scenic Meadow Ln SE 8
Turturici Wy & Turturici Ct SE 8
Turturici Wy & Turturici Ct SW 8
Windward Ct / Apple Grove Ct & Castle Canyon Wy NE 8
Windward Ct / Apple Grove Ct & Castle Canyon Wy NW 8
Windward Ct / Apple Grove Ct & Castle Canyon Wy SE 8
Windward Ct / Apple Grove Ct & Castle Canyon Wy SW 8
10/27/2025
To:
Duran Construction Group
Union Contractor
Lie. 974298 A, C-8
DIR #1000026167
'Building business relationships on a concrete foundation" City of San Jose - Public Works Department
Attn: Elizabeth Vargas
200 E. Santa Clara St
San Jose, CA 95113
Subject: Response to Notice of Intent to Award 10594 - 2026 Local Streets ADA Curb Ramps #2 ("Project")
Bidder: Duran Construction Group
Dear Ms. Vargas,
Thank you for the opportunity to bid on 10594 - 2026 Local Streets ADA Curb Ramps #2 and for your team's time in reviewing Duran Construction Group's submission. We value our more than 21-year partnership with the City of San Jose and remain committed to supporting the City's goals with safe, reliable, and cost-effective work.
We write to respectfully request a reconsideration of the preliminary non-responsiveness findings and the City's intent to award to another bidder. Our aim is to clarify two points in a constructive manner and provide the supporting materials the City may find helpful. 1) Statement of Bidder's Experience (70% Threshold)
We understand the City requires a minimum of three completed projects serving as references, each at least 70% of the engineer's estimate for this project. With our bid, Duran Construction Group submitted three completed projects; two clearly satisfy the 70% threshold. We recognize that the third listed project falls short of the 70% requirement.
To remove any doubt regarding our qualifications-and to align fully with the City's expectation-we are submitting a revised completed project that exceeds the 70% threshold.
P. 0 .. Box 730845 San Jose, CA 95173
Tel: 408-254-4304 Fax: 408-254-4488
www.durancg.com
A.DA lmpr9vements • Asphalt • Concrete • 0.0.T. Repairs • Pavers • Public Works • Stamped Concrete II
1 2
3 4
5 6
October 29, 2025
Ray Duran
Duran Construction Group
P.O. Box 730845
San Jose, CA 95173
[email protected]
SUBJECT: PROTEST OF INTENT TO AWARD BID DOT 10594 – 2026 LOCAL STREETS ADA CURB RAMPS #2 PROJECT
Dear Mr. Duran,
This letter is to inform you that City staff has evaluated your October 27, 2025, letter entitled “Response to Notice of Intent to Award 10594 – 2026 Local Streets ADA Curb Ramps #2,” and will be making the following recommendation to the City Council. Pursuant to the San Jose Municipal Code, the City Council has the authority to resolve bid protests made during this procurement.
RECOMMENDATION:
City staff will recommend upholding the intent to award the construction contract to Spencon Construction, Inc.
BACKGROUND:
On October 16, 2025, bids were opened for the DOT 10594: 2026 Local Streets ADA Curb Ramps #2 Project. Eight bids were submitted, with Duran Construction Group submitting the apparent lowest bid ($1,219,770) and Spencon Construction, Inc. submitting the apparent second lowest bid ($1,224,200).
After reviewing the bids for responsiveness, the City determined that the bid from Duran Construction Group was non-responsive for failing to meet the City’s experience requirements and for failing to provide a California Air Resources Board (CARB) Off-Road Diesel Vehicle Certificate of Reported Compliance for one or more of its designated subcontractors’ fleets. On October 22, 2025, the City issued a Notice of Intent to Award the contract to Spencon Construction, Inc., the bidder who submitted the lowest responsive and responsible bid. 1 Attachment C - City’s Response to Duran Construction Group’s Bid Protest SUBJECT: DOT 10594: 2026 Local Streets ADA Curb Ramps #2 PROTEST:
On October 27, 2025, the City received a timely written protest from Duran Construction Group.
The protest asserted that the City should waive as a minor irregularity the deficiencies in Duran Construction Group’s bid and award the contract to Duran Construction Group.
ANALYSIS: DURAN CONSTRUCTION GROUP’S PROTEST IS BASELESS A. Duran Construction Group was required to submit three reference projects that met the City’s experience requirements and failed to do so
During each public works procurement, bidders are required to complete a Statement of Bidder’s Experience form providing information that demonstrates the bidder’s experience and ability to complete the project in question. The Statement of Bidder’s Experience form provides a list of experience requirements that each bidder must meet. For DOT 10594: 2026 Local Streets ADA Curb Ramps #2, bidders were required to submit three completed projects that met the following requirements:
1. The original contract amount was at least 70% of the engineer’s estimate for this Project.
2. The projects must have involved the same elements of construction using similar construction trades as this Project.
3. The substantial completion date for each project must have been after January 1, 2018.
The Engineer’s Estimate for DOT 10594: 2026 Local Streets ADA Curb Ramps #2, as provided in the Notice to Contractors, was $1,545,000. As such, bidders were required to submit projects with a contract value of at least $1,081,500 to meet the City’s experience requirements.
Duran Construction Group provided three potential reference projects for consideration, of which only two met the $1,081,500 contract value threshold. Of those two potential reference projects meeting the contract value threshold, only one can be considered as a completed project. As such, Duran Construction Group provided only one completed reference project that met the City’s requirements:
1. 2024 Reconstruction (Cupertino): The 2024 Reconstruction Project, completed in July 2025, meets all of the City’s experience requirements.
2. DOT – OP 67100 (San Jose): An open purchase order does not meet the City’s requirement to submit completed projects as references. Open purchase orders are not projects in and of themselves; they are standing orders for ongoing, recurring work done over a specific time period. As projects arise, a contractor with an open purchase order is dispatched to the site to perform work. While the value of DOT 2 SUBJECT: DOT 10594: 2026 Local Streets ADA Curb Ramps #2 OP 67100 exceeded the $1,081,500 contract value threshold, it is unlikely that any single project completed pursuant to DOT OP 67100 met that threshold.
3. Concrete Roadway Restoration (Santa Clara County): The Concrete Roadway Restoration Project, completed in July 2021, does not meet the $1,081,500 contract value threshold.
In its protest letter, Duran Construction Group offers to provide additional park experience for the City’s review. However, accepting substitute projects that were not submitted to us at the time of bid would be inconsistent with the City’s practice and contrary to commitment to ensuring a fair, transparent and competitive procurement process.
B. Duran Construction Group was required to submit California Air Resources Board Certificate(s) of Reported Compliance for any designated subcontractor with fleets subject to the In-Use Off-Road Diesel-Fueled Regulations and failed to do so.
The City consistently holds that failing to submit a properly completed bid package is grounds for being considered non-responsive, as permitted by Section 2-1.06 of the City’s Standard Specifications.
Since 2008, CARB has regulated certain types of construction vehicles through the In-Use Off- Road Diesel-Fueled Fleets Regulation (Off-Road Regulation). The Off-Road Regulation requires contractors and other fleet owners to reduce their emissions by retiring older vehicles and replacing the retired vehicles with newer vehicles, repowering older engines, or installing verified diesel emission control strategies in older engines; and by restricting the addition of older vehicles to fleets.
In 2022, CARB approved amendments to the Off-Road Regulation aimed at “[establishing] a proactive check at the onset of a project or at contract renewal to encourage fleets to comply with the regulation…[and] also safeguard against the unfair monetary advantage of non-compliance and thus help level the playing field for all fleets.1” The amendments, which went into effect January 1, 2024, require public agencies to obtain a valid Certificate of Reported Compliance for the fleets and subcontractors that are listed in the contract. The certificates must be obtained by the public agency prior to entering into a public works contract.
In accordance with the Off-Road Regulation, the City has, since January 2024, required that bidders provide CARB compliance documentation with each bid:
• The Notice to Contractors states that bidders must submit valid Off-Road Regulation Certificate(s) or Reported Compliance for their fleet and those of their designated subcontractors.
• A CARB Regulation Compliance form is included in the Request for Bids package.
Bidders are required to mark two checkboxes: one to indicate whether the bidder’s fleet is 3 SUBJECT: DOT 10594: 2026 Local Streets ADA Curb Ramps #2 subject to the Off-Road Regulation and a second to indicate whether any subcontractor fleets are subject to the Off-Road Regulation. For any fleet that is subject to the Off- Road Regulation, the bidder must submit a valid Off-Road Certificate of Reported Compliance.
In its bid, Duran Construction Group indicated that one or more of its designated subcontractor(s)’ fleets are subject to the Off-Road Regulation. However, the company failed to submit an Off-Road Regulation Certificate of Reported Compliance for its only designated subcontractor, Milpitas Materials Co., and instead submitted a Truck and Bus Certificate of Reported Compliance for that company. Given that the City’s procurement documents – including the CARB Certificates of Reported Compliance Reminder – clearly require Off-Road Certificates of Reported Compliance and not Truck and Bus Certificates of Reported Compliance, Environmental Systems, Inc.’s bid was deemed non-responsive on the basis that its “CARB Certificate of Reported Compliance is missing or invalid (subcontractor).” This irregularity was noted in the bid results which were posted with the Notice of Intent to Award on October 22, 2025.
Again, in its protest letter, Duran Construction Group offers to correct the deficiency after the fact by providing Milpitas Materials Co.’s Off-Road Regulation Certificate of Reported Compliance. However, accepting documents that were not submitted in a timely manner would be inconsistent with the City’s practice and contrary to commitment to ensuring a fair, transparent and competitive procurement process.
As stated above, the City Council has the authority to resolve bid protests made during this procurement. Duran Construction Group will be afforded the opportunity to formally present its case to the City Council when this item is agendized for City Council action. Alternatively, Duran Construction Group may withdraw its protest.
Thank you,
Lauren Profeit
Lauren Profeit
CIP Procurement
San José City Hall, 5th Floor
200 E. Santa Clara Street
San José, CA 95112
[email protected]
4