August 6, 2025
Mr. Matt Ramirez
R&S Construction Management, Inc.
1555 Burke Ave., Suite I
San Francisco, CA 94124
Project: At-Grade Pedestrian Crossing at BART, City Project No. 14-14 Subject: Rejection of Non-responsive Apparent Lowest Bid Dear Mr. Ramirez,
This letter is to notify you that the Public Works Department will be recommending that the City Council award the construction contract to Disney Construction, Inc., the second lowest bidder, at its August 12th meeting at 7:00 PM.
Following the bid opening, City received a bid protest from the apparent second low bidder Disney Construction, Inc. dated August 3, 2025, Inc., protesting that the City could not award the contract to your firm since your firm had previously withdrawn your bid on this project during the previous bid effort. Staff agree with this protest.
When the City previously bid this project, R&S Construction Management, Inc. (“RS”) withdrew their bid pursuant to Public Contract Code section 5100 et seq. due to mistakes in the bid. Because R&S withdrew its original bid, Public Contract code section 5105 prohibits it from bidding on the same project again. Even though the City previously rejected all bids, and re-bid the project, it is still the same project. Courts have held that there needs to be significant changes when the project is rebid in order for it to be considered a new project. For this reason, the Staff is recommending that the City Council reject R&S’s bid.
Thank you again for taking the time to prepare and submit your bid and for your interest in Union City’s Public Works projects.
Respectively,
Farooq M. Azim, P.E
City Engineer