Agenda packet — Orange Cove City Council, September 24, 2025

ORANGE COVE CITY COUNCIL

REGULAR COUNCIL MEETING
Wednesday, September 24, 2025
6:30 PM
"AMENDED AGENDA"
City of Orange Cove Council Chambers
633 6th St.

Orange Cove, CA 93646
ZOOM Information
https://us06web.zoom.us/j/82270769149?pwd=9pBULSLY6q3wa8YbNqa56jDPIV6Vm7.1 Meeting ID: 822 7076 9149
Passcode: 076486

1. CALL TO ORDER/WELCOME
Roll Call
Invocation
Pledge of Allegiance

2. CONFIRMATION OF AGENDA

3. PUBLIC COMMENT
Notice(s) to the Public: This is the opportunity for any member of the public to address the City Council on any item over which the Council has jurisdiction. No action or discussion will be taken on any item not on the agenda. Issues raised will be referred to the City Manager for review. Public members shall limit their remarks to three (3) minutes and no more than 15 minutes per topic.

4. CONSENT CALENDAR
(All items listed under the consent calendar category are considered routine. The complete consent calendar will be enacted by one motion by ROLL CALL VOTE.

For purposes of discussion, any council member may have an item removed from the consent calendar and made part of the regular agenda. The Council can then approve the remainder of the consent calendar.

4.a. Approval of Minutes of the Regular Council Meeting of Cisneros September 10, 2025, Regular Meeting.

5. PUBLIC HEARING

5.a. SUBJECT: Approve the close-out of the 22-CDBG-NH-00007 Jimenez Subsistence Payments Program.

RECOMMENDATION: Staff recommends that the City Council approve close-out of the 22-CDBG-NH-00007 Subsistence Payments Program.

6. REGULAR BUSINESS
Administration-City Engineer

6.a. SUBJECT: 1) Well & Tank - Booster Station Site B Grading and Street Improvements - Public Works Contract Award. 2) Reject Bid Protest from MAC General Engineering.

RECOMMENDATION: Adopt Resolution 2025-28; A.)
Awarding the contract for the Well & Tank - Booster Station Grading Street Improvements project to JT2, Inc.(dba. Todd Companies) in the amount of $1,115,700.00, and provide a $223,140.00 (~20%) contingency to deal with any unforeseen issues that might arise during the course of construction for a total encumbrance of $1,338,840.00. B.) Reject the bid protest lodged by Mac General Engineering, citing the failure of JT2, Inc. to list all subcontractors performing greater than 0.5% of the bid amount on the grounds that the protest is not valid. Staff further recommends that the City Manager and/or his designee be authorized to execute the Agreement.

6.b. SUBJECT: 1) Monson - Martinez Water Main Loop, Public Works Contract Award. 2) Reject Bid Protest from Holloway Construction, Inc.

RECOMMENDATION: Adopt Resolution 2025-29; A.) Awarding the contract for the Monson - Martinez Water Main Loop project to Superior Ag Construction, Inc. (SAC) in the amount of $92,288.00, and provide a $18,450.00 (~20%) contingency to deal with any unforeseen issues that might arise during the course of construction for a total encumbrance of $110,738.00.B.) Reject bid protest lodged by Holloway Construction, Inc., citing the failure of SAC, Inc. to list all subcontractors performing greater than

0.5% of the bid amount on the grounds that the protest is not valid. Staff further recommends that the City Manager and/or his designee be authorized to execute the Agreement.

6.c. SUBJECT: Sewer & Water Rate Study FY25/26 - Public Works Contract Award for Professional Services.

RECOMMENDATION: Adopt Resolution 2025-30, awarding the contract for professional services in connection with a Sewer and Water Rate study to the firm of IG Services in the amount of $40,000.00, and provide a $8,000.00 (20%) contingency to deal with any unforeseen issues that might arise during the course of the study and implementation effort. The total project encumbrance approval request to the council would be $48,000.00. Staff further recommends that the City Manager and/or his designee be authorized to execute the Agreement.

7. STAFF COMMUNICATIONS: Informational Only Escobar

7.a. Planning Department-Planning Director Patlan

8. CITY MANAGER'S REPORT

9. CITY ATTORNEY'S REPORT

10. CITY COUNCIL COMMUNICATIONS

11. CLOSED SESSION
A closed session is needed to discuss the following matter:

11.a. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to § 54956.9(c): 1 case

12. ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing notice was posted in accordance with the applicable legal requirements. Dated this 19th day of September 2025.

Cynthia Cisseras
Cynthia Cisneros, City Clerk
ADA Notice: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 626-4488 ext. 213. Notification 48 hours before the meeting will enable the city to make arrangements to ensure accessibility to this meeting.

Documents: Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the front counter at City Hall, Orange Cove, CA, during regular business hours. In addition, most documents are posted on the City's website at cityoforangecove.com.

STATEMENT ON RULES OF DECORUM AND ENFORCEMENT
The Brown Act provides that members of the public have a right to attend public meetings, to provide public comment on action items and under the public forum section of the agenda, and to criticize the policies, procedures, or services of the city or of the acts or omissions of the city council. The Brown Act also provides that the City Council has the right to exclude all persons who willfully cause a disruption of a meeting so that it cannot be conducted in an orderly fashion.

During a meeting of the Orange Cove City Council, there is a need for civility and expedition in the conducting of public business in order to ensure that the public has a full opportunity to be heard and that the Council has an opportunity to conduct business in an orderly manner. The following is provided to place everyone on notice of the rules of decorum and enforcement.

GENERAL RULES OF DECORUM
While any meeting of the City Council is in session, the following rules of decorum shall be observed:

1. All remarks shall be addressed to the City Council as a whole and not to any single member, unless in response to a question from a member of the City Council.

2. A person who addresses the City Council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct (i) which is likely to provoke others to violent or riotous behavior, (i) which disturbs the peace of the meeting by loud and unreasonable noise, (iii) which is irrelevant or repetitive, or (iv) which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.

3. A person, other than members of the Council and the person, who has the floor, shall not be permitted to enter into the discussion unless requested by the mayor to speak.

4. Members of the City Council may not interrupt a person who has the floor and is making public comments. Members of the City Council shall wait until a person completes his or her public comments before asking questions or commenting. The mayor shall then ask Councilmembers if they have comments or questions.

5. No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening, or abusive language, whistling, stamping of feet or other acts which disturb, disrupt, or otherwise impede the orderly conduct of any Council meeting.

ENFORCEMENT OF DECORUM RULES
(Resolution No. 2012-16)
While the City Council is in session, all persons must preserve order and decorum. A person who addresses the city council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant or repetitive, or which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.

The mayor or other presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. If after receiving such a warning, the person persists in breaching the rules of decorum, the mayor or other presiding officer may order the person to leave the City Council meeting. If such person does not leave, the mayor or presiding officer may request any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove the person from the Council Chambers. In the event there is no one from law enforcement present, the mayor or presiding officer may direct the City Manager to contact law enforcement.

In accordance with the Point of Order Rule 4.6, the majority of the Council may overrule the mayor if the majority of the Council believes the mayor or other presiding officer is not applying the rules of decorum appropriately.

4. a

ORANGE COVE CITY COUNCIL

REGULAR MEETING MINUTES
September 10, 2025
The Regular Meeting of the Orange Cove City Council was called to order by Mayor Guerra-Silva at 6:31 PM on Wednesday, September 10, 2025, at Orange Cove Council Chambers located at 633 6l Street, Orange Cove, California.

1. ROLL CALL

COUNCIL MEMBERS' PRESENT
Mayor Guerra-Silva, Mayor Pro Tem Garcia, Council Members Del Bosque, Ortiz, and Rodriguez

COUNCIL MEMBERS ABSENT
None

INVOCATION
Council Member Ortiz

PLEDGE OF ALLEGIANCE
Council Member Rodriguez

2. CONFIRMATION OF AGENDA
No changes to the agenda.

3.PUBLIC COMMENT
One Zoom participant shared information about available grants for the city. A local resident commented on the recent flyer promoting what items can be disposed of at Cleanup Day and asked if there would be follow- up regarding idle vehicles afterward. The resident also praised the bright flyer and expressed support for the city's efforts, noting that Orange Cove is heading in the right direction.

4. CONSENT CALENDAR

4.a. Approve minutes of the August 27, 2025, Regular Meeting.

4.b. Approve fee waiver for the Consulate of Mexico for use of the Community Center, October 20-23, 2025.

4.c. Approve Public Works Director Contract with Joe Estrada.

4.d. Approve Warrant Register for August 2025.

4. e. Adopt Resolution No. 2025-26 amending authorized check signers from Resolution No. 2025-13.

Action: Council Member Ortiz moved, and Council Member Del Bosque seconded to approve all Consent Calendar items. Motion carried unanimously.

5. REGULAR BUSINESS-Administration - City Manager Escobar

5.a. Presentation on Community Facilities Districts (CFDs) and Landscape & Lighting Districts (LLDs.

City Manager Escobar addressed the Council, followed by a PowerPoint presentation from Jennifer Hernandez of the Finance Department on Community Facilities Districts (CFDs) and Landscape & Lighting Districts (LLDs), Council reached consensus in favor of moving forward with the initiative of an analysis. One member of the public spoke.

5.b. Council provided consensus to proceed with planning and cost analysis for the Community Center Little League/Softball Field basin repairs. City Manager Escobar addressed the Council. The Council has agreed to proceed with planning and cost analysis for repairs to the Community Center Little League/Softball Field basin. City Manager Escobar informed the Council that City Staff will conduct the work, and a local volunteer has offered to assist with grading, providing a valuable
ORANGE COVE CITY COUNCIL MEETING- SEPTEMBER 10, 2025
cost savings for the city. The goal is to have repairs completed by next year in the spring and hold Little League and softball games. Council reached consensus in favor of moving forward with repairs.

5.c. Approved appointment of Primary and Alternate Board Members to the 5 Cities/JPA CenterPoint District Board.

Q3 meeting scheduled for October 23, 2025; location TBD. City Manager Escobar addressed the Council. Lauren Nickel from Fresno EDC provided background on the board's role. This board supports regional economic development.

Action: Council Member Garcia moved, and Council Member Ortiz seconded to appoint and approve Council Member Esperanza Rodriguez as Primary and Council Member Jacob Del Bosque as Alternate to the 5 Cities/JPA CenterPoint District Board. Motion carried unanimously.

Police Department - Chief Peña

5.d. Adopted Resolution No. 2025-27 authorizing a five-year expenditure of $88,836.73 to Axon Enterprises, Inc. for police body camera licensing and data storage, with annual payments of $14,312.59. The Authorized City Manager or their designee is authorized to execute the agreement. Chief Pena addressed the Council.

Action: Council Member Garcia moved, and Council Member Ortiz seconded to approve and adopt Resolution No. 2025-27 authorizing a five-year expenditure of $88,836.73 to Axon Enterprises, Inc. for police body camera licensing and data storage, with annual payments of $14,312.59. The Authorized City Manager or their designee is authorized to execute the agreement. Motion carried unanimously.

6. STAFF COMMUNICATIONS
Finance Department Director Jimenez
• Finance Director Jimenez gave an update on several major city projects, including the new well on Hills Valley Road, Sheridan Park renovations, Park Boulevard improvements, Amaya Village.

Sequoia View Community Park, Seven Interest Improvement projects, ATBS 1, and the CMAQ Alley Paving project. To avoid cash flow problems, it was requested that the Engineer stagger the timing of these projects, if they do not risk losing grant funding.

No staff reporting from the Planning Department or the Police Department.

7. ORANGE COVE FIRE PROTECTION DISTRICT
Staff communication was not provided due to the fire chief leaving for an emergency call.

8. CITY MANAGER'S REPORT
• President Trump issued a proclamation ordering all U.S. flags to be flown at half-staff in memory of Charlie Kirk. We are honoring that at all our public facilities. • Council Member Del Bosque attended a recent meeting with the Fresno EDC to discuss progress in Orange Cove, updating the city's Economic Strategic Plan, and bringing technical training programs to Orange Cove and Reedley College.
• There has been ongoing discussion about implementing Code Enforcement measures, with plans to begin in November. City staff will continue collaborating with the Council throughout the process. • Communication was made with the former owner of the Harding & Legett business to discuss potential opportunities.
• Also connected with the developer who owns property north of the Community Center to explore future development possibilities.

9. CITY ATTORNEYS REPORT
Nothing to report.

10. CITY COUNCIL COMMUNICATIONS
Council Member Rodriguez
• The schools are looking forward to the parade.

ORANGE COVE CITY COUNCIL MEETING- SEPTEMBER 10, 2025
Council Member Ortiz
• She reminded everyone of the Hispanic Heritage Day Event on Saturday, September 13", 2025, with a parade, vendors, train, and pony rides. This event focuses on all cultures. Parade kicks off at 11 AM.

Council Member Del Bosque
• He thanked all who are involved with the community event this Saturday and thanked the Police and Fire Departments for their hard work and presence. He congratulated Joe Estrada on his appointment of Director of Public Works. Thanked City Manager Escobar for doing a great job and Staff. Looking forward to working with EDC.

Council Member Garcia
• A recent publication ranked Orange Cove High School as #7 among high schools in the Fresno County Metro area, highlighting the school's growing reputation and academic performance. This recognition reflects positively on the community and its commitment to education.

Mayor Guerra-Silva.
• She thanked God, City Manager Escobar, the Police, Fire Departments, Jenny for her great presentation and Administration. She congratulated Joe Estrada on his new appointment with Director of Public Works; he is

11. CLOSED SESSION
The City Council recessed to a Closed Session to discuss the following:

A closed session is needed to discuss the following matter:

11.a. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to § 54956.9(c): 1 case Reconvene to Open Session. Mayor Guerra-Silva stated that there was nothing to report.

12. ADJOURNMENT There being no further business, the meeting was adjourned at 8:04 PM.

Respectfully submitted,
Cynthia Cisneros, City Clerk Diana Guerra-Silva, Mayor

5.a.

For The Meeting of September 24, 2025

CITY OF ORANGE COVE

REPORT TO THE CITY COUNCIL
TO: Orange Cove City Council
FROM: Danny Jimenez, Finance Director
Subject: Approve the close-out of the 22-CDBG-NH-00007 Subsistence Payments Program
Attachments: Copy of Public Hearing
RECOMMENDATION:

Staff recommends that the City Council Approve the close-out of the 22-CDBG-NH-00007 Subsistence Payments Program.

Background:

The City was awarded $500,000 in CDBG Non-Housing Competitive funds on August 28, 2023.

The program provided subsistence payments to income eligible (below 80% AMI) Orange Cove residents living within the City limits of Orange Cove, who are struggling to make mortgage/rent and/or utility (electric, gas, water, sewer, trash, and broadband) payments for a period not to exceed 3 months. Total assistance regardless of time shall not exceed $5,000 per applicant.

Subsistence Payments are expected to relieve financial hardships and sustain housing for those that have lost employment, become under-employed, suffer income loss and/or have been unable to gain employment as a result of the economy.

Applications Received: 302
Households Assisted: 256
Applications Denied: 46
Note: Applications denied are typically due to failure of applicant to provide necessary documentation or applicants not meeting eligibility requirements. Rental, Mortgage, Utilities will not add up to applications completed due to some households receiving more than one form of assistance.

At this time the City has exhausted all the funds. Upon Council's approval, the City will submit closeout documents to CDBG when appropriate, thus completing all obligations under the grant. 1 of 2
CONFLICT OF INTEREST:

None.

FISCAL IMPACT:

Budget Total Expenses Disencumbered Funds
Total Admin: $32,710.00 $32,710.00 $0.00
Total Activity: $467,290.00 $467,290.00 $0.00
Prepared by: Finance Director Approved by: Danny Jimenez REVIEW: Finance Director Finance: City Attorney:

TYPE OF ITEM: COUNCIL ACTION: | APPROVED I DENIED U NO
ACTION
Consent X Public Hearing
Matter Initiated by a Council Member
Action Item Other
Redevelopmeni Agency Continued to:
2 of2

6.a.

For the Meeting of September 24, 2025

CITY OF ORANGE COVE

REPORT TO CITY COUNCIL
To: Orange Cove City Council
From: Chris Howard, City Engineer
Subject: 1) Well & Tank - Booster Station Site B Grading and Street Improvements - Public Works Contract Award
2) Reject Bid Protest from MAC General Engineering
Attachments: 1) Resolution 2025-28 "Award of Well & Tank - Booster Station Site B Grading & Street Improvements"
RECOMMENDATION:

Adopt Resolution 2025-28; A.) Awarding the contract for the Well & Tank - Booster Station Grading & Street Improvements project to JT2, Inc. (dba. Todd Companies) in the amount of $1,115,700.00, and provide a $223,140.00 (~20%) contingency to deal with any unforeseen issues that might arise during the course of construction for a total encumbrance of $1,338,840.00. B.) Reject bid protest lodged by Mac General Engineering citing the failure of JT2, Inc. to list all subcontractors performing greater than

0.5% of the bid amount on the grounds that the protest is not valid.

Staff further recommends that the City Manager and/or his designee be authorized to execute the Agreement.

BACKGROUND:

A. Award Recommendation:

On August 20, 2025, a public bid opening was held and eleven (11) bid proposals were received. The top four (4) responsive bidders and the corresponding bid results are listed as follows; 1) JT2, Inc. $1,115,700.00 (JT2)
2) Cal Valley Construction, Inc. $1,187,748.68 (CVC)
3) Mac General Engineering $1,209,525.02 (MGE)
4) Avison Construction $1,233,390.00 (AC)
The Engineer's Estimate (EE) for the project was $1,137,500 without contingency. The EE included engineering, inspection and administrative costs. The base bid did not exceed the EE and there is ample grant funding available to accommodate the requested 20% contingency.

The low bid submittal was thoroughly vetted and it is the opinion of staff that the bid submitted by JT2, Inc. should be accepted and a Notice of Award issued.

Major items and improvements addressed in the bid proposal; include but are not limited to, 1) Tank site clearing and grubbing ~ 3.2 Ac, 2) Placement of compacted fill for elevated site pad ~ 1.7 Ac, 3) Excavation and Construction of a 2.2 Mgal. Emergency Tank Release Containment / Storm Water Collection Basin, 4) Water Main extensions ~ 1,020 LF, 5) Waste Line extensions and Manholes ~ 500 LF, 6) Construction of Tangerine Drive (paving, curb and gutter) ~ 800 LF, 7) Drainage Infrastructure, Contract Award, Well & Tank - Booster Station Site B Grading & Street Improvements

Page 2 ends

B. Bid Protest Rejection:

The City Attorney has recommended the bid protest lodged by Mac General be rejected by Council.

The subcontractor category cited by Mac General as not being listed is laboratory testing. It is the opinion of the City attorney that the firm performing Laboratory Compaction Testing is not required to be listed in the bid documents as a subcontractor under the law, pursuant to the Public Contract Code (PCC) sections 4100 through 4113. Simply stated, a testing firm is not defined as a "contractor" as described in Chapter 9 of Division 3 of the California Business and Professions Code (BPC).

There are no grounds for rejection of the low bid by the City based upon the Mac General bid protest. It is recommended that the City Council reject the Mac General bid protest and accept the lowest bid.

The City Attorney will send a formal protest rejection letter once the City Council rejects the bid protest.

HISTORICAL CONTEXT:

The DWR grant was secured by the City in March of 2022, specifically for City Water System Improvements through the Small Community Drought Relief Program. The original project was based on the construction of a single high-capacity water well, constructed ~ 5.5 miles outside the sphere of influence of the City of Orange Cove, where the probability of developing a high-capacity water well of good water quality was significantly higher. Unfortunately, approval for removal of water from a water shed outside the jurisdiction of the City was not secured by the 2022-23 City Administration, and the remote water supply development effort was terminated.

Although the single well scenario is no longer possible, DWR has allowed the City to re-configure the various project elements to allow for the improvements to be constructed locally. The improvements include; 1) 1.0 Mgal Tank, 2) Pipelines, 3) Test Wells, etc. In order to more efficiently implement construction, the project has been broken into twelve (12) sub-projects of which this award represents sub-projects 3 & 4.

FISCAL IMPACT:

The project is being fully funded through the State Department of Water Resources (DWR) - Small Community Drought Relief Program; Agreement No. 4600014544, available unencumbered grant funding currently stands at ~$6,500,000. There is No City Match Requirement.

The award of this contract, assuming the total project encumbrances of $1,338,840 is utilized, the available grant balance will stand at ~$5,161, 160 for additional water system improvement projects.

The grant expires in February 28, 2026.

At the conclusion of construction and acceptance by the City, the City will take on maintenance and up- keep of the improvements through its General and / or Enterprise Fund.

ENVIRONMENTAL REVIEW:

The project environmental review is currently in progress and must be completed prior to construction.

The Initial Study - Mitigated Negative Declaration (IS/MND) for the project area was submitted February 2025 and comments were received from the State Clearinghouse on April 2, 2025. The comments have been addressed and we are waiting on their response. We anticipate to have full environmental clearance by the end of October 2025.

CONFLICTS OF INTEREST:

None
Contract Award, Well & Tank - Booster Station Site B Grading & Street Improvements

Page 3 ends

REVIEW: City Manager: Finance: City Attorney:

TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION _Consent _ Public Hearing
_ Info Item _ Matter Initiated by a Council Member
_X_ Action Item _ Other
_Department Report Continued to:
_Redevelopment Agency
RESOLUTION NO. 2025-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE COVE

AWARDING THE CONTRACT FOR THE WELL & TANK - BOOSTER STATION SITE GRADING AND STREET IMPROVEMENT PROJECT (SP3 & SP4) WHEREAS, plans and specifications were prepared for a project to perform site grading and street access improvements associated with water system improvements, and said project was advertised for bid; and
WHEREAS, the Bid Opening occurred on Wednesday, August 20, 2025; and eleven (11) bids were submitted and opened; and
WHEREAS, the low bid of $1,115,700 was submitted by JT2, Inc. (dba. Todd Companies); and
WHEREAS, the JT2, Inc. bid was determined to be in compliance with all pertinent requirements; and
WHEREAS, A bid protest was lodged by Mac General Engineering and rejected by City Council; and
WHEREAS, JT2, Inc. is properly licensed to perform said work.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange Cove, as follows:

1. The above radicals are true and correct and are adopted as the findings of the City Council

2. The contract for the Well & Tank - Booster Station Site B Grading and Street Improvements project is hereby awarded to the low bidder, JT2, Inc., in the amount of $1,115,700.00 and the City Manager and / or his designee is authorized to execute the contract.

3. A contingency in the amount of $223,140.00 (20% of the base bid amount) is hereby established to account for any work resulting from unforeseen conditions for a total encumbrance of $1,338,840.00.

4. The provisions of this Resolution are serviceable and if any provision, clause, sentence, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

5. The City Attorney has rendered an opinion that the bid protest lodged by Mac General Engineering is not valid.

6. The City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED this 24th day of September 2025, at a regular meeting of the Orange Cove City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Diana Guerra-Silva, Mayor
ATTEST:

Cynthia Cisneros, City Clerk

6.6. For the Meeting of September 24, 2025

CITY OF ORANGE COVE

REPORT TO CITY COUNCIL
To: Orange Cove City Council
From: Chris Howard, City Engineer
Subject: 1) Monson - Martinez Water Main Loop, Public Works Contract Award 2) Reject Bid Protest from Holloway Construction, Inc.

Attachments: 1) Resolution 2025-29 "Award of Monson - Martinez Water Main Loop" project RECOMMENDATION:

Adopt Resolution 2025-29; A.) Awarding the contract for the Monson - Martinez Water Main Loop project to Superior Ag Construction, Inc. (SAC) in the amount of $92,288.00, and provide a $18,450.00 (~20%) contingency to deal with any unforeseen issues that might arise during the course of construction for a total encumbrance of $110,738.00. B.) Reject bid protest lodged by Holloway Construction, Inc. citing the failure of SAC, Inc. to list all subcontractors performing greater than 0.5% of the bid amount on the grounds that the protest is not valid.

Staff further recommends that the City Manager and/or his designee be authorized to execute the Agreement.

BACKGROUND:

A. Award Recommendation:

On September 3, 2025, a public bid opening was held and five (5) bid proposals were received. The five (5) responsive bidders and the corresponding bid results are listed as follows; 1) Superior Ag Construction, Inc. $92,288.00 (SAC)
2) Holloway Construction, Inc. $99,685.00 (HC!)
3) Hayden Construction, Inc. $121,660.00 (HC)
4) JT2, Inc. $135,050.00 (JT2)
5) Dawson-Mauldin, LLC $157,600.00 (DM)
The Engineer's Estimate (EE) for the project was $103,000 without contingency. The EE included engineering, inspection and administrative costs. The base bid did not exceed the EE and there is ample grant funding available to accommodate the requested 20% contingency.

The low bid submittal was thoroughly vetted and it is the opinion of staff that the bid submitted by Superior Ag Construction, Inc. should be accepted and a Notice of Award issued.

Major items and improvements addressed in the bid proposal; include but are not limited to, 1) Water Main extensions / looping ~ 630 LF of 8" C900 Pipeline, 2) Misc. valves and fittings, 3) Misc, Asphalt demo and patching, etc.

B. Bid Protest Rejection:

The City Attorney has recommended the bid protest lodged by Holloway Construction. Inc. (HCI) be rejected by Council. The subcontractor categories cited by HCl as not being listed are Construction Surveying, Traffic Control and Inspection / Testing Services. It is the opinion of the City attorney that Contract Award, Well & Tank - Booster Station Site B Grading & Street Improvements

Page 2 ends

the firms performing the identified services are not required to be listed in the bid documents as a sub- contractor under the law, pursuant to the Public Contract Code (PCC) sections 4100 through 4113.

Simply stated, a testing firm is not defined as a "contractor" as described in Chapter 9 of Division 3 of the California Business and Professions Code (BPC).

It is the opinion of the City Attorney that surveying and testing do not me the legal definition of a contractor and therefor are not required to be listed. Traffic Control under certain circumstances would be required to be listed, such as traffic diversions. In regards to the subject project, there are no such diversion required and the work can be self-performed by the prime contractor.

There are no grounds for rejection of the low bid by the City based upon the HC! bid protest. It is recommended that the City Council reject the HCI bid protest and accept the lowest bid. The City Attorney will send a formal protest rejection letter once the City Council rejects the bid protest.

HISTORICAL CONTEXT:

The DWR grant was secured by the City in March of 2022, specifically for City Water System Improvements through the Small Community Drought Relief Program. The original project was based on the construction of a single high-capacity water well, constructed ~ 5.5 miles outside the sphere of influence of the City of Orange Cove, where the probability of developing a high-capacity water well of good water quality was significantly higher. Unfortunately, approval for removal of ground water from a water shed outside the jurisdiction of the City was not secured by the 2022-23 City Administration, and the remote water supply development effort was terminated.

Although the single well scenario is no longer possible, DWR has allowed the City to re-configure the various project elements to allow for the improvements to be constructed locally. The improvements i tes. 3) Test Went to be.
include; 1) 1.0 Mgal Tank, 2) Pipelines, 3) Test Wells, etc. In order to more efficiently implement construction, the project has been broken into twelve (12) sub-projects of which this award represents sub-project 2
FISCAL IMPACT:

The award of this contract, assuming the total project encumbrances of $110,738.00 is utilized, the available grant balance will stand at ~$5,050,422 for additional water system improvement projects.

The grant expires in February 28, 2026.

At the conclusion of construction and acceptance by the City, the City will take on maintenance and up- keep of the improvements through its General and / or Enterprise Fund.

ENVIRONMENTAL REVIEW:

The project was determined to be Categorical Exempt per Section 15304(f) of the California Environmental Quality Act (CEQA) regulations,
CONFLICTS OF INTEREST:

None
Contract Award, Well & Tank - Booster Station Site B Grading & Street Improvements

Page 3 ends

REVIEW: City Manager: Finance: City Attorney:

TYPE OF ITEM: COUNCIL ACTION: ( APPROVED DENIED NO ACTION _Consent _Public Hearing
_ Info Item _ Matter Initiated by a Council Member
_X_ Action Item Other
Department Report Continued to:

Redevelopment Agency
RESOLUTION NO. 2025-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE COVE

AWARDING THE CONTRACT FOR THE MONSON - MARTINEZ WATER
MAIN LOOP PROJECT (SP2)
WHEREAS, plans and specifications were prepared for a project to construct 630 LF of eight (8) inch water main and associated components as part of the DWR water system improvement project, and said project was advertised for bid; and WHEREAS, the Bid Opening occurred on Wednesday, September 3, 2025; and five (5) bids were submitted and opened; and
WHEREAS, the low bid of $92,288 was submitted by Superior Ag Construction, Inc. (SAC); and
WHEREAS, the SAC bid was determined to be in compliance with all pertinent requirements; and
WHEREAS, A bid protest was lodged by Holloway Construction, Inc. (HCI) and rejected by City Council; and
WHEREAS, SAC is properly licensed to perform said work.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange Cove, as follows:

1. The above radicals are true and correct and are adopted as the findings of the City Council

2. The contract for the Monson - Martinez Water Main Loop project is hereby awarded to the low bidder, Superior Ag Services, Inc., in the amount of $92,288.00 and the City Manager and / or his designee is authorized to execute the contract.

3. A contingency in the amount of $18,450.00 (20% of the base bid amount) is hereby established to account for any work resulting from unforeseen conditions for a total encumbrance of $110,738.00.

5. The City Attorney has rendered an opinion that the bid protest lodged by Holloway Construction, Inc. is not valid.

6. The City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED this 24th day of September 2025, at a regular meeting of the Orange Cove City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Diana Guerra Silva, Mayor
ATTEST:

Cynthia Cisneros, City Clerk

6.c.

For the Meeting of September 24, 2025

CITY OF ORANGE COVE

REPORT TO CITY COUNCIL
To: Orange Cove City Council
From: Chris Howard, City Engineer
Subject: Sewer & Water Rate Study FY25/26 - Public Works Contract Award for Professional Services
Attachments: Resolution 2025-30 "Award of Professional Services - Sewer & Water Rate Study FY25/26
RECOMMENDATION:

Adopt Resolution 2025-30, awarding the contract for professional services in connection with a Sewer and Water Rate study to the firm of IG Services in the amount of $40,000.00, and provide a $8,000.00 (20%) contingency to deal with any unforeseen issues that might arise during the course of the study and implementation effort. The total project encumbrance approval request to council would be $48,000.00. Staff further recommends that the City Manager and/or his designee be authorized to execute the Agreement.

BACKGROUND:

On August 20, 2025, a private bid opening was held and four (4) bid proposals for professional services were received. The four bidders / proposers and the corresponding bid results are listed as follows; 1) Willdan Financial Services (WFS) $39,855.00
2) IG Services (IGS) $40,000.00 <$145.00>
3) Bartle Wells Associates (BWA) $52,280.00
4) LT Municipal Consultants (LTMC) $58,680.00
Although IG Services (IGS) was not the low bidder, staff is recommending their selection based on the strength of their proposal with respect to applicable experience with similar communities, direct follow- up and input from references. The price differential between the 1st and 2nd lowest bidder was $145 and not consider a major factor in the selection process.

The Engineer's Estimate (EE) for the project was $60,000 with contingency, The recommended bidder / proposal submittal was thoroughly vetted, and it is the opinion of staff that the bid submitted by IG Services should be accepted and a Notice of Award issued.

The scope / objective of the Water and Wastewater Rate Fee Study is to review the current City rates and policies, as well as the rates and policies of the surrounding / similar jurisdictions and appropriate industrial benchmarks. The Study / Report will provide recommendations for the updating all fees and charges for the services, to ensure compliance with Proposition 218. The selected consultant will work with the City Council and staff throughout the process in the development of the recommendations and implementation strategies.

The Rate Study Report is anticipated be completed within 100 days from date of award (~ January 2026)
Contract Award - Sewer & Water Rate Study FY25/26

Page 2 ends

HISTORICAL CONTEXT:

A Water and Wastewater Rate Study conducted in May 2021 by Tuckfield & Associates determined the water and wastewater rates for FY 2021-22 and FY 2024-25. The study identified that the City's current utility fee structures are outdated and insufficient to meet long-term operational and capital needs. The key issues identified in the Tuckfield study were; 1) Insufficient revenue recovery, 2) Outdated and inequitable rate structure, 3) Underfunded capital and regulatory component, and 4) Inadequate financial reserves.

It is the understanding of staff that the Tuckfield recommendations were initiated for approximately 4 months. The rates were rescinded reverting to the rate schedule established by Council Resolution 2018-02. The Council at the time was of the opinion that higher rates created a hardship for the residence.

Resent financial analysis performed by staff have reconfirmed many of the issues identified in the Tuckfield study have not abated, and rate adjustments are needed to maintain regulatory compliance and growth.

FISCAL IMPACT:

The rate study is being funded 50 / 50 split between the City's Water and Sewer Revenue funds.

ENVIRONMENTAL REVIEW:

Not Applicable
CONFLICTS OF INTEREST:

None
REVIEW: City Manager: Finance: City Attorney: _
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION _Consent — Public Hearing
_ Info Item Matter Initiated by a Council Member
_X_ Action Item Other
_ Department Report _Continued to:

Redevelopment Agency
RESOLUTION NO. 2025-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE COVE

AWARDING THE PROFESSIONAL SERVICES CONTRACT FOR A SEWER & WATER RATES STUDY FY25/26
WHEREAS, a Request for Proposal document was prepared to secure professional services for the development of a Sewer & Water Rate Study update for the City of Orange Cove.

Said project was advertised for bid; and
WHEREAS, the Bid Opening occurred on Wednesday, August 20, 2025; and four (4) proposals were submitted and opened; and
WHEREAS, the preferred bid (2"d lowest bid) in the amount of $40,000.00 was submitted by IG Services; and
WHEREAS, the selection of the 2nd lowest bid / proposer was selected based on the strength of their proposal, vetting evaluation and a minimal price differential ($145.00); and WHEREAS, IG Services bid / proposal was determined to be in compliance with all pertinent requirements;
WHEREAS, IG Services is properly qualified to perform said work.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange Cove, as follows:

1. The above radicals are true and correct and are adopted as the findings of the City Council

2. The contract for professional services for the development of a Sewer & Water Rate Study is hereby awarded to IG Services, in the amount of $40,000.00 and the City Manager and / or his designee is authorized to execute the contract.

3. A contingency in the amount of $8,000.00 (20% of the base bid amount) is hereby established to account for any work resulting from unforeseen conditions, for a total encumbrance of $48.000.00.

5. City Staff is recommending the award to the 2nd lowest bidder based on the strength of their proposal, vetting evaluation and the minimal value of $145.00 difference separating the 1 and 2n° lowest bidder.

6. The City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED this 23rd day of July 2025, at a regular meeting of the Orange Cove City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Diana Guerra Silva, Mayor
ATTEST:

Cynthia Cisneros, City Clerk
7,a.

For The Meeting of September 24 2025

CITY OF ORANGE COVE

REPORT TO THE CITY COUNCIL
TO: Orange Cove City Council
PROM: Shun Patlan, Director of Planning
Subject: Informational Update Report
Macias Tract:

Met with Mr. Yanez regarding the Macias Tract. The construction of the homes will commence within two months. His team will be submitting the model plans for plan check review. Mr.

Yanez states he will have three to four model options for buyers. Street paving, curb and gutters and sidewalks will be installed first.

Commercial Development:

Staff has met with the property owner and the Lagacy Development Group regarding potential development on the 6.39-acre parcel located at the southwest corner of Anchor and Park Blvd.

The development group is currently completing a feasibility study on the possible project.

Another development investor contacted staff this week and is also interested in the 6.39-acre parcel. Staff is scheduled to meet at city hall on September 19, 2025.

Brian Young Apartments Project:

Staff was contacted by a plan designer regarding the Brian Young Apartment Project. Staff provided the plan designer with city development standards as requested. A concept site plan will be forwarded to staff for a courtesy review.

Nuisance Ordinance:

Staff has completed the first draft of an Ordinance that regulates certain nuisance violations. The proposed ordinance will incorporate various sections of the current Orange Cove Municipal Code into one new section.

Staff modeled the draft ordinance from another city that provides more detailed verbiage and provides stronger code enforcement procedures. Once all final draft is ready, staff will present it to the city council for review and consideration.

RECEIVED
SEP 1 9 2025
City Clerk
City of Orange Cove

Orange Cove City CouncilSeptember 24, 2025

Orange Cove City Council
September 24, 2025