RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY AWARDING A CONSTRUCTION CONTRACT
TO DISNEY CONSTRUCTION, INC., IN THE AMOUNT OF
$5,533,333, FOR THE AT-GRADE PEDESTRIAN
CROSSING AT BART, CITY PROJECT NO. 14-14,
APPROVING A TOTAL CONSTRUCTION BUDGET OF
$6,086,666, AND REJECTING THE APPARENT LOW BID
BY R&S CONSTRUCTION MANAGEMENT INC.
WHEREAS, since the early 2000s, the vision of the Union City Intermodal Station Project has been to create a two-sided BART Station with a new east entrance connection to the Station District Area, a 30-acre plus planned TOD (Transit-Oriented Development) site located along both sides of 11th Street; and
WHEREAS, the completion of the at-grade pedestrian crossing project will finally make the Union City BART Station a two-sided station, with a new concrete walkway across the existing UPRR tracks directly connecting it to the East Plaza in the Station District Area; and
WHEREAS, on July 9, 2019, the City Council of Union City adopted Resolution No. 5503-19, which authorized the City Manager to enter into an agreement with Union Pacific Railroad to construct a public at-grade crossing on the Oakland Subdivision located adjacent to the Union City BART Station; and
WHEREAS, the City of Union City has partnered with local agencies for funding and other support for this project, including Bay Area Rapid Transit (“BART”), the Alameda County Transportation Commission (“Alameda CTC”), and the Metropolitan Transportation Commission (“MTC”); and
WHEREAS, Safe Routes to BART (“SR2B”) is a grant program sponsored by BART that is designed to help local agencies improve access for BART customers traveling to BART stations by walking and biking using voter-approved Measure RR capital funds; and
WHEREAS, on December 14, 2023, the City submitted a grant funding application to the SR2B Program, Cycle 3, in the maximum amount of $3,000,000, for the construction phase of the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14; and
WHEREAS, on March 1, 2024, BART notified staff of the preliminary award of $3,000,000 for the BART Pedestrian At-Grade Railroad Crossing. City Council accepted the funds with the adoption of Resolution No. 6298-24 on May 14, 2024; and WHEREAS, Alameda CTC’s Countywide Transportation Plan (CTP) and the Metropolitan Transportation Commission’s Plan Bay Area (PBA) 2050 Plus are both voter-approved Regional Measure 3 (RM 3) Dumbarton Corridor Improvements programs to finance highway and transit improvements along or parallel to the Dumbarton-Decoto Road corridor; and
Resolution No. 2025-XXX
Award At-Grade Pedestrian Crossing at BART Construction Contract to Disney Construction
WHEREAS, in early 2023, the City submitted the initial project information to Alameda CTC and MTC with a request for $3 million for their review and comments. On June 24, 2024, at the MTC Commission Meeting, the Commission unanimously approved the staff recommendation for programming the requested funds for the At-Grade Pedestrian Crossing at BART; and
WHEREAS, the City submitted an Allocation Request package to Alameda CTC and MTC for the $3,000,000 in Regional Measure (RM 3), Dumbarton Corridor Improvements program funds and MTC approved the grant funds in December 2024. City Council accepted the funds with the adoption of Resolution No. 2025-020 on February 11, 2025; and
WHEREAS, staff released the plans and specifications and advertised for bids for this project on May 9, 2025; and
WHEREAS, on June 12, 2025, the City received three (3) bids; however, after the bid opening, the apparent low bidder, R&S Construction Management, Inc. (R&S), withdrew its bid pursuant to Public Contract Code section 5100 et seq. due to errors in its bid. In addition, there were some discrepancies between the specifications and bid form provided in the City’s bid package. For these reasons, on July 8, 2025, the City Council adopted Resolution No. 2025-092 rejecting all bids; and WHEREAS, on July 11, 2025, City staff re-advertised the project for bid; and WHEREAS, six (6) bids were received on July 31, 2025 (see Exhibit A); however, the lowest bidder, R&S Construction Management, Inc., having withdrawn their bid during the previous bidding process, was actually prohibited from participating in this bidding process due to Public Contract Code, Section 5105, which prohibits a contractor from bidding on the same project again, if they had previously withdrawn a bid on the project after the bid opening; and
WHEREAS, staff recommends that the apparent low bid by R&S be rejected, and that the project be awarded to Disney Construction, Inc., the second lowest responsive and responsible bidder (see Exhibit B); and
WHEREAS, City staff is satisfied with the reference checks of the second lowest bidder, Disney Construction, Inc., and finds them to have a responsive and responsible bid; and
WHEREAS, the construction phase will begin once all permits are received from BART and UPRR, which is expected to take approximately three months. The project is anticipated to be completed by mid-to-late 2026; and
WHEREAS, the construction contract with Disney Construction, Inc., in the amount of $5,533,333, and the construction contingency of 10%, in the amount of $553,333, will bring the total project construction cost to $6,086,666. Construction will be funded with $3,000,000 in Safe Routes to BART (SR2B) funds in the Capital Projects Grants Fund (Account Number 41091414-57128), $2,375,468 of remaining RM 3 funds in the Capital Projects Grants Fund (Account Number 41091414-57128), and $711,198 of Public Resolution No. 2025-XXX
Award At-Grade Pedestrian Crossing at BART Construction Contract to Disney Construction
Improvement Fund monies (Account Number 41691414-57128), which were budgeted in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2025-2026 to Fiscal Year 2029-2030 for the At-Grade Pedestrian Crossing at BART, City Project No. 14-14.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby awards a construction contract to Disney Construction, Inc., in the amount of $5,533,333 for the At-Grade Pedestrian Crossing at BART, City Project No. 14-14, and authorizes the City Manager to execute the construction contract.
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves a total construction budget, in the amount of $6,086,666, for the construction contract and construction contingency.
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby rejects the bid by the apparent low bidder, R&S Construction Management Inc., per Public Contract Code Section 5105, which prohibits a contractor from bidding if they had previously withdrawn a bid on the same project after the bid opening.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 12th day of August 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1) Exhibit A – Bid Summary
2) Exhibit B – Bid Results