16 Shafter not already served or planned to be served via the last mile grant. Figure 5 illustrates the city-wide routing anticipated as designated by fiber network high level design while Table 5 provides estimated fiber build footage. The City is considering BEAD funding to extend fiber to these areas not already covered by other grant applications.
Figure 5 - City-wide HLD
Construction Type Est. Miles Est. Footage
New Fiber Construction
Aerial 20.56 108,549.0
Underground 15.76 83,190.0
17 Existing Fiber
Downtown Corridor 2.09 11,035.2
North Mannel Ave Schools 1.21 6,388.8
Statewide Long-haul
Interconnect 1.98 10,454.4
Backbone Ring 22.33 117,902.4
Industrial Park Ring 4.73 24,974.4
Southeast Residential
Development 2.75 14,520.0
Grand Total 71.404 377,014.20
10% Contingency 78.545 414,715.62
Table 5 - HLD Mileage
6.3 Potential Project Utilizing CPUC BEAD Support
The Broadband Equity, Access, and Deployment (BEAD) Program, provides $42.45 billion to expand high-speed internet access by funding planning and infrastructure deployment. It is possible that some areas of the City of Shafter or unincorporated areas might be identified as eligible for this support.
Should a project area in the City of Shafter be identified, the Provider(s) will be expected to collaborate with the City to design a projectthatmeetsthe BEAD project design criteria and assistthe City in applying for BEAD support. Upon a funding award, the Provider(s)will construct the project(s).
6.4 City and Provider Responsibilities
The following is a description of potential preferred engagement:
• The City would select the service provider as its preferred provider and would partner with the service provider to obtain grants to pay for a portion of the capital costs for eligible areas. • Provide streamlined permitting where the City has control to ensure that permitting does not delay production.
18 • Provide a single point of contact for all permitting, construction coordination, community engagement, notification, inspections and restoration.
• Collaborate with the Service Provider for community engagement and outreach to support education on the project and the provider’s marketing strategies. • Provide existing data in GIS (where available), including parcel maps, addresses, business names/addresses, existing utilities, rights of way, City property and related information. • Make available City property for location of points of presence, fiber distribution hubs, cabinets and other provider facilities.
• Support any grant efforts by either applying for the grant with the service provider as its partner or providing support to a service provider as the grant applicant. • Consider a 5-year moratorium on an open network to support the PPP in ramping up its footprint in the community and become a sound business partner.
The Service Provider’s responsibilities:
• The Service Provider would build out the low-level engineered network design to support Broadband, VOIP, and Over the Top (OTT) Video for the community. • The Service Provider would develop a partner relationship with the City to build the network and provide advanced broadband services to the City’s residences, government facilities, anchor institutions, non-profits and businesses as funding allows. • The Service Provider would build the fiber network and provide maintenance and operations of the broadband infrastructure. The City will retain ownership of the existing fiber system and grant funded extensions built via this RFP.
• Permitting – The provider(s) shall assume responsibility for securing all project permitting. The City may provide reduced cost encroachment permits as part of the public-private partnership. • Serve as the branded Retail Service Provider, offering Gigabit services to constituents at a competitive price
• Provide consistent pricing for high-speed internet services • Offer tiered, competitive packages up to 1 gigabit for residential services in the first 3 years • Offer 10 gigabit services available to residential customers after year 3 or sooner. • Provide competitive small and medium business packages at competitive rates but with higher speeds and reliability than existing “business class” services.
19 • Deliver enterprise class internet and transport services to serve large businesses, schools, hospitals, libraries and other community anchor institutions. • Deliver high-quality customer service with demonstrable service metrics. 7 Proposal Evaluation
The City will evaluate proposals according to the scoring matrix shown in Table 5.
Criterion Percentage of Scoring
Alignment with scope of work and the City’s goals and priorities 35 percent Technical, managerial, and financial qualifications and references 20 percent Cost to the City of Shafter 35 percent
Respondent’s intended investment in FTTP in Shafter 10 percent Table 5 - Evaluation Criteria
20 8 Required Response Elements and Format
All submitted responses must include the following content.
1. Technical Information and Proposed Statement of Work. Please describe how you will meet the elements of the project, as described above, including (without limitation) such matters as proposed low-level engineering design of both fiber and wireless assets; proposed market strategy; proposed service rate tiers with costs for service; estimated number of businesses and residents served; proposed commercialization strategy for fiber assets.
2. Company Technical, Financial, and Managerial Qualifications and Experience. Please describe the company and provide a statement of the company’s technical, financial, and managerial qualifications for providing the services sought through this RFP. Identify the elements of the project that would be completed by your company’s staff and those that would be provided by contractors, if any. Identify any contractors you propose to utilize and their role. Provide a summary of your company’s experience in designing, building, operating, and maintaining fiber and Wi-Fi facilities – and of your company’s experience with commercialization of fiberassets, through dark and/or lit fiber service to third-party internet service providers (ISP) and commercial customers.
For Respondents that are proposing solutions for optional FTTP projects, please also demonstrate that you have proven performance of all the typical responsibilities of an ISP capable of constructing and operating fiber-to-the-premises facilities in the residential and business markets, and that you participate in federal programs that provide low-income consumers with subsidies on broadband internet access services, including programs such as the Affordable Connectivity Program (if refunded) and Lifeline program.
3. References. Please provide references from two to five related projects, utilizing the Reference Questionnaire in Appendix D.
4. Team Qualifications. Please provide a brief summary of the qualifications and experience of the key team members assigned to this project, including length of service with the company and resume.
5. Proposal Qualifications, Caveats, and Exceptions. Please provide a detailed explanation of any qualifications, caveats, or exceptions you would like to make to the requirements of this RFP, if any.
6. Requirements of the City. Please provide detailed descriptions of the steps you would require of the City of Shafter to enable the deployment, such as efficient permitting, micro-trenching authorization, and so on. Please provide considerable detail with regard to any and all
21 requirements that enable the City to fully understand and consider your proposal. Please be aware that responding to this item in generalities or in ways that will require further detailed conversation may serve to negatively impact your proposal or remove it from consideration among the other proposals received.
7. Project Timeline. Please provide a timeline for each element of the proposal.
8. Cost and Revenue Share Proposal Sheets. Please complete the following cost and revenue share proposal sheets and submit with your proposal. The City does require prevailing wage to be taken into account for cost of this public works project. The City’s expectation is a 60/40 split for profit sharing on the City’s infrastructure. The responses to this RFP should include the ISP’s expectations for profit sharing with the City.
The City’s goal is to include all costs up front for the network over a 5-year period. At the end of this time, it is the City’s expectation that profits will cover ongoing operational cost to the City.
Proposal Element Proposed Cost to City of Shafter
Maintenance, operations, and commercialization of
existing fiber network for 10 years $ per year for 10 years Design, construction, maintenance, operations, and
commercialization of new fiber network segments for
5 years
$ per year for 5 years
Design, construction, maintenance, and operations of
Wi-Fi network for 5 years
$ per year for 5 years
Design, construction, maintenance, operations, and
commercialization of proposed low-level
engineering design
$ (one-time payment)
Estimated annual cost for pole attachment fees for
5 years $ (one-time payment)
Per year cost estimates:
Actual costs per pole: $_________
Markup per pole: $___________
Table 6 - Pricing Proposal Sheet
22 Proposal Element Proposed Revenue Share with City of Shafter
Commercialization of existing fiber network
for 5 years percent per year for 5 years
Commercialization of new fiber network
segments for 5 years
percent per year for 5 years
Commercialization of proposed Wi-Fi Areas
percent per year for 5 years
Table 7 - Revenue Share Proposal Sheet
23 9 RFP Schedule
The City intends to follow the timeline described in Table 8 below.
Item Date Notes
RFP Released February 5, 2025 Solicitation can be found on Bidnet Direct Pre-proposal
Conference
Tuesday, February 18,
2025 @ 1:30pm
An optional pre-proposal conference, in which
potential Respondents will have opportunity to
learn about this RFP and ask questions, will be
conducted virtually. Attendees can register for
the virtual session by emailing Chris Schultz at
[email protected].
Question Deadline Thursday, February
20th, 2025 @ 5:00pm
All questions must be submitted via email to:
Chris Schultz at [email protected]
Response to
Questions
Submitted
Tuesday, February
25th, 2025 by 5:00pm Responses will be posted on the solicitation page associated with this RFP on
Bidnetdirect.com
Proposal Deadline
Friday, February 28th,
2025 @ 2:00pm
Electronic submission is preferred. If physical
Proposal is necessary, please mail 5 copies of
the proposal to:
City of Shafter
Attn: Chris Schultz (IT)
720 Commerce Way
Shafter, CA 93263
Proposal Review
Period
March 3, 2025 –
March 12, 2025
The proposal review period may include
interviews and/or negotiations with one or more
Respondent(s).
Council
Approval Sought
Tuesday, March 18,
2025
City Council will approve the recommended
contract associated with the chosen
Respondent.
Tentative Award
Date
March 24, 2025 Subject to Change based on negotiations between the two parties.
Table 8 - RFP Schedule, Timeline of Critical Dates
24 10 Reservation of Rights.
The City has no obligation to award a contract to any bidder. The City reserves the right to reject any or all bids for any reason or no reason, to modify this RFP at any time, to accept a proposal that does not strictly conform to this RFP, to negotiate with any proposer, to award contracts to one or more proposers and to select the proposal(s) that the City believes is in the best interest of the City notwithstanding the cost of the proposal(s) or any other individual factor.
Proposers are encouraged to review this RFP carefully and to submit their best proposal for meeting the City’s goals.
25 Appendix A: Low Level Engineering Design
See corresponding attached PDF document labeled:
“Shafter Low Level Engineering Design.pdf”
26 Appendix B: Broadband Master Plan
See corresponding attached PDF document labeled:
“Shafter Broadband Master Plan.pdf”
27 Appendix C: Fiber Construction Standards for City-Owned Fiber The following are the minimum technical requirements for the fiber infrastructure that will be funded by the City.
The Provider will provide the City with dark fiber and will have no responsibility for providing the City network electronics or network services.
Fiber Standards in ROW
1. Minimum 24-inch bending radius on unprotected, standalone service drop.
2. Minimum 48-inch bending radius on all 2-inch HDPE conduits and FuturePath.
3. Minimum 96-inch bending radius on all 4-inch HDPE conduits.
4. All couplings and caps shall be approved by the city.
5. Couplings shall be minimized for all FuturePath and service drop conduits.
6. Any couplings used in the fiber optic conduit shall be installed in accordance with city direction. Detection wires at couplings shall be wired together in an approved manner. Detection wires shall not carry tension.
7. All coupling locations shall be documented as length (ft) of conduit from nearest vault.
8. Ends of all conduits shall be capped to prevent dirt, foreign objects, or debris from entering the conduit.
9. Service drops shall have a minimum of 3' stubbed up at the property line and be terminated in a temporary above ground sleeve for protective purposes.
10. All conduits 1-1/4" or greater shall be capped and have mule tape or equivalent installed. Mule tape shall be slack (no tension) and secured to the cap to prevent loss of the mule tape within the conduit.
11. All 2" HDPE conduit shall be accompanied by 12 gauge insulated solid copper tracer wire (or copper-clad stainless steel), to be approved by city. All end points including vault locations will have 15' minimum of rolled up tracer wire.
12. Make & model of all vaults shall be approved by the city prior to use or installation.
28 13. All fiber optic vaults shall be located outside sidewalk and a minimum of 12 inches clearance from water mains and wall foundations. Clearance from other utility vaults shall be 36" minimum.
14. All vault locations shall be backfilled and well compacted with vibratory or equivalent prior to placing the vault.
15. All 36x60 vaults shall be set on a minimum of 10 inches of gravel. All 36x36 and 24x36 vaults shall be set on 8 inches of gravel.
16. Conduits shall come into each vault from below and shall terminate as close to the top of the vault as possible while still allowing the lid to close. Conduit shall be cut to their final length by others just before fiber is placed.
17. Fiber optic conduits coming from the same direction shall be bundled closely to each other within the vault. Where possible, bundled conduits shall occupy the portion of the vault that identifies the direction from which the conduits came. For instance, conduits coming in from the south shall be bundled and placed within the south side of the vault. Same for all other directions.
18. Service drops within the distribution vault shall be tagged to identify the address of the residence they serve. Tag shall be permanently fixed to the service drop within the vault. Tag shall be waterproof and corrosion resistant. Product shall be approved by the city.
19. Backfill around vault perimeter shall be well compacted with vibratory.
20. All FuturePath shall be mandrel tested with a 7 millimeter bb.
21. FuturePath shall have a detection wire factory-bundled to the conduit.
Engineering Fiber Requirements
1. Provider shall design and install a system of conduits, terminal enclosures, distribution enclosures, splice enclosures, connection points, and hand holes for a fiber optic network to each buildable lot within the project area. When using aerial for the construction method, provider shall use the City’s aerial construction stndards. Design and material specifications are available from the City of Shafter. Plans shall be submitted to and
29 approved by the City of Shafter showing the proposed utility trench and all appurtenant hardware. The design shall include the following minimum specifications:
a. A combination of fiber optic conduits shall minimally include 4” SDR-11 HDPE, 2” SDR-11 HDPE, 1.25” SDR-11 HDPE, and 7-Way bundled HPDE innerduct with attached tracer wire. Fiber optic conduits may be joint-trenched with other utility company pipes and/or conduits.
b. All underground fiber optic conduits, innerduct bundles, etc. shall be factorylabeled “City of Shafter 661-746-5000”. Conduits shall be identified by a permanent marking, with the address number of the residence they serve, within the distribution enclosures.
c. All underground fiber optic conduit paths shall have tracer wire. If the conduit does not have an integrated tracer wire, a continuous external #12 AWG solidconductor tracer wire with high-density polyethylene insulation rated for direct burial shall be installed along with the conduit leaving a minimum 15-feet of slack coiled in the endpoint enclosures.
d. The ends of all fiber optic conduits and innerducts shall be plugged or capped to prevent dirt, debris, or foreign objects from entering. e. After backfilling, all conduits shall be checked for obstructions, and re-excavated and repaired or replaced as required. All conduits ½-inch or larger shall require polyester cable pulling tape (Muletape) or equivalent installed. Polyester cable pulling tape (Muletape) shall be slack (no tension) and fastened to the plug or cap.
Innerducts shall be mandrel tested and are subject to inspection by a City of Shafter representative.
f. A combination of underground utility enclosures shall minimally include 36”W x 60”L x 36”D polymer concrete enclosures with dual torsion covers, 36”W x 36”L x 24-36”D and 24”W x 36”L x 24-36”D High Density Polyethylene (HDPE) enclosures. g. All underground utility enclosures shall be factory-stamped “City Fiber”.
30 Fiber Schematics
Figure 6 – Fiber Box Layout
31 Figure 7 - Joint Trench
32 Figure 8 – Fiber Testing Station & Markers
33 Fiber Capacity
The City fiber shall include a minimum of 288ct fiber strands along backbone routes (Section 6.1.1).
The City fiber shall include 144ct fiber strands to each municipal facility.
This is a 432ct fiber strand divided into two cables of 144ct for the City/Gov buildings and 288ct for commercial/ISPs use.
The City fiber shall be in the same allotment of ribbons or loose tubes throughout the newly constructed areas of the network.
Access
The City shall have the ability to flexibly access City fiber where the City might need to connect City buildings and systems. This includes but is not limited to transport to buildings and connection of outdoor systems.
The City shall be able to access City fiber in any splice enclosure on the network. If the City needs to connect to City fiber it will request that the Respondent extend the requested strands in eastbound and westbound cables from the splice enclosure to a City-selected point of demarcation.
While we recommend placing two 2” conduits with hand holes 1000’ and splice points every 10,000’ for most areas, some areas such as the heart of City of Shafter may need more.
IT MAY BE NECESSARY TO ROUTE FIBER TO VERTICAL ASSETS (STREET LIGHTS, TOWERS, ETC.) FOR PROVIDERS TO LEASE ASSETS OR SERVICES.
The City shall also be able to access City fiber inside a building along the fiber route. Upon request by the City, the Respondent shall terminate the fiber to a connector or connectors at a location specified by the City at a Respondent-constructed network interface device (NID) on the building orindoors near the utility point of entry. The Respondent shall splice the fiber so that the City fiber strands have continuity to a point of demarcation selected by the City. The Respondentshall terminate the City fiber on a panel at the point of demarcation.
Maintenance and Operations
The Providershall be responsible for the operation and maintenance of the physicalstrands of the City fiber, including the splice connections, splice boxes and vaults, up to the point of demarcation, in accordance with generally accepted industry standards, and shall perform all required maintenance.
34 In the event of any situation where the fiber network may be compromised or work is occurring near the fiber network, the Provider shall notify the City using a contact and escalation list provided by the City and maintained by the parties throughout the term of this agreement. The Provider’s network operations center (NOC) shall also alert the City within 15 minutes via email of network outages that may affect the City’s dark fiber services.
The Provider shall be responsible for the relocation of the fiber due to relocation or improvements of rights-of-way, easements, physical plant, or the Provider’s data center.
The Provider shall provide a phone number for the network’s NOC and an escalation list if the City is aware of an outage on the network. The NOC shall be staffed to provide 24-hour-per-day coverage for monitoring the network and reporting outages. The Provider shall maintain a ticketing system for the City to track the status of outages.
The Provider shall have personnel on site for repair within two (2) hours of being notified of the location of the fiber outage. The personnel shall assess the situation, determine the resolution based on industry standards, and implement the repair within four (4) hours of determination for connectivity between City Hall and critical network sites. For connectivity to normal City sites, the Provider shall repair within eight (8) hours of determination.
To accomplish such objective, it is acknowledged that the repairs so effected may be temporary in nature. In such an event, within 24 hours after completion of any such unscheduled maintenance, the Provider shall commence its planning for permanent repair, and thereafter shall promptly notify the City of such plans and shall implement such permanent repair within an appropriate time thereafter.
Scheduled maintenance shall include:
• Routine maintenance and repair of conduit and fiber
• Maintenance of a "One Call" program, where applicable, and all required and related cable location
• Assignment of fiber maintenance employees to locations along the fiber routes at reasonable intervals dependent upon terrain, accessibility, locate ticket volume, etc.
For scheduled maintenance, the Provider shall notify the City, via a mutually agreed communications channel, 72 hours prior to the event. The Provider shall outline the potential sites impacted and duration of the maintenance. The Providershall use its best effortsto perform scheduled maintenance outside of normal business hours (7 a.m. to 7 p.m.). If the scheduled maintenance impacts a critical
35 City service, the City may request, via contacting the Provider’s NOC, an alternative date that minimizes the impact to City services. The Provider shall notify the City once scheduled maintenance is complete.
The Provider may subcontract for maintenance, repair, restoration, relocation, or other operational and technical services it is obligated to provide, though the Provider shall remain liable for such obligations, and shall be the single point of contact for all subcontracted services.
In performing its services hereunder, the Provider shall take workmanlike care to prevent impairment to the signal continuity and performance of the City fiber. In addition, the Provider shall reasonably cooperate with the City in sharing information and analyzing the disturbances regarding the City fiber.
The City shall have the right to be present during the performance of any scheduled maintenance or unscheduled maintenance so long as this requirement does not interfere with the Provider’s ability to perform its obligations under its agreement with the City. The Provider shall utilize city-approved certain traffic control measures while performing maintenance in the city’s right-of-way.
Testing and Activation
The Provider shall perform optical performance tests 1) for all City fiber installed under the agreement with the City and 2) to verify that fiber is correctly spliced and installed when the City requests its activation.
Upon construction, testing shall be performed over continuous stretches of the spliced fiber to validate the optical performance of the length of all of the City fiber strands. Testing shall be unidirectional OTDR testing.
Upon the City requesting use of City fiber, testing shall be performed to verify that fiber splicing has occurred according to fiber routing plans. This testing will consist of bi-directional OTDR testing, as well as direct optical attenuation and continuity testing using a calibrated optical source and power meter.
The Provider shall provide a test result template for City review and approval before testing begins.
The Provider shall provide the City with electronic documentation of all test results.
Testing shall be deemed successfully completed if: (1) maximum fiber losses meet manufacturer specifications, with an allowance for splices and connectors; (2) individual splice losses do not exceed
0.1 dB; and (3) maximum mated connector losses do not exceed manufacturer specifications. Testing will be performed by Provider personnel and may be observed by the City or its designated
36 representative. The City may request and/or perform additional testing to verify results prior to accepting test data.
An OTDR shall be used to measure and document splice losses and connector losses. To correctly identify abnormalities at a short range, a 100-meter or longer launch cable shall be used betweenthe OTDR and the fiber under test.
Each fiber will be identified, and the results of the test for each fiber will be recorded as indicated below. The test will be repeated for each of the fibers linking a particular site. All tests will be made at 1310 nm and 1550 nm.
Settings on the OTDR shall reflect the following:
• The Refractive Index shall be set for the actual fiber utilized • Pulse width shall be no greater than 100 ns (10 m) for all fiber lengths • Scattering coefficient specified by the fiber manufacturer for each wavelength tested • A minimum of 10,000 sampling acquisitions (averages)
• Maximum range set to no more than 10 km
• Event threshold: 0.05 dB
A uniform file-naming scheme forrecorded data shall be used that complies with conventions mutually agreed upon by the City and the Provider. Installed optical fiber OTDR test documentation shall include:
• Fiber identifier
• Total fiber length
• Launch cable length
• Individual fiber traces for complete fiber length
• Losses of individual splices and connectors
• Losses of other anomalies
• Wavelength tested and measurement directions
37 • Manufacturer, model, and serial number of the test equipment • Name and company of the technician performing the tests All data collected at each location during the tests shall be recorded at the time of the tests using electronic means.
Optical power meter measurements shall be made when the City is activating City fiber strands, at the same time asthe OTDR tests, to determine overall fiber loss and to ensure that fibers have appropriate end-to-end continuity (fibers not crossed). Power meter testing shall be performed at both 1310 nm and 1550 nm and the provider shall report the relative loss of each fiber strand.
Documentation
The Provider shall provide the City as-built documentation for all communications infrastructureonce the network is complete and before final acceptance by the City. The Provider shall provide georeferenced map files, such as GIS shapefiles, that indicate fiber routing, splice enclosures, fiber counts, and designation of aerial or underground construction. Engineering as-built drawings shall be provided showing building entrances and inside wiring at each City facility. In addition, the Provider shall provide as-built documentation of any changes in the network during the term of the agreement.
Also, Google KMZ files of All as-built Fiber Routes.
Performance Standards
All fiber shall be ITU-T G.652.D or better. All splices shall be of the fusion type. Splices shall have an optical attenuation of no more than 0.1 dB at both 1550 nm and 1310 nm.
Additional Standards
Responders should be prepared to contact City for additional City standards that may directly or indirectly be related to fiber development, maintenance, access, etc.
38 Appendix D: Reference Questionnaire
The City of Shafter, as a part of the RFP process, requires Respondents to submit a minimum of one and a maximum of five business references as required within this document. The purpose of these references is to document the Proposer’s experience relevant to the scope of work to establish the Proposer’s responsibility.
Proposer, list below the names of the businesses from whom a Reference Questionnaire is being requested. Include this page in your proposal. Send each of the Businesses below the 4-page Questionnaire.
Business Name Contact Name Contact Email Address
1. 2.
3. 4.
5. The Business Reference, in turn, isrequested to submitthe completed Reference Questionnaire (one per reference) via email directly to:
Name: Chris Schultz, IT Manager, City of Shafter
Email: [email protected]
Phone: (661) 746-5086
The Reference forms must be submitted by December xxth , 2024 for inclusion in the evaluation process. The form with information provided will become a part of the submitted proposal. Business references provided may be contacted for validation of content provided therein.
39 REFERENCE QUESTIONNAIRE
Respondent Business Name:
Hello,
This form is being submitted to your organization for completion as a business reference for the company listed above.
This completed 4-page form must be returned no later than February 27th, 2025 to the City of Shafter to the following email address:
Name: Chris Schultz, IT Manager, City of Shafter
Email: [email protected]
Phone: (661) 746-5086
For questions or concerns regarding this form, please contact the City representative listed above.
When contacting us, please refer to the City of Shafter Citywide Fiber Project.
Complete the information below:
Company providing reference:
Contact name and title/position:
Contact telephone number:
Contact Email address:
Project description:
Project dates (starting and ending):
Project this reference is regarding:
40 REFERENCE QUESTIONNAIRE
QUESTIONS:
1. In what capacity have you worked with this company in the past? COMMENTS:
2. How would you rate this firm's knowledge and expertise? (3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable) COMMENTS:
3. Who were the company’s principal representatives involved in your project, and how would you rate them individually?
(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable) Name:
Rating:
Name:
Rating:
Name:
Rating:
Name:
Rating:
41 Would you comment on the skills, knowledge, behaviors or other factors on which you based the rating? COMMENTS:
42 4. How satisfied are you with the products developed by the company? (3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable) COMMENTS:
5. With which aspect(s) of this company’s services are you most satisfied? COMMENTS:
6. With which aspect(s) of this company’s services are you least satisfied? COMMENTS:
7. How well was this company able to control the project costs? (3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable) COMMENTS:
8. How well was this company able to meet the project schedule? (3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable) COMMENTS:
9. Would you recommend this company’s services to your
organization again? COMMENTS:
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: February 4, 2025
DEPARTMENT: Giovanni Perez, Economic Development Coordinator SUBJECT: AGREEMENT FOR SALE BY THE CITY TO OLFA TRABELSI AND NACEUR BEN AISSA HIDOUSSI OF 5.42-ACRE PROPERTY
IDENTIFIABLE AS A PORTION OF APN 028-010-12 AND
ADOPTION OF DECLARATION RESTRICTIVE COVENANTS
RECOMMENDATION
Council find that the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve the agreement for purchase and sale and joint escrow instructions for the sale of the 5.42-acre city property located at APN 028-010-12, and accept the declaration of restrictive covenants. The City Manager and/or his designee will work towards finalizing the process.
BACKGROUND
Developer Rush Melliti ("Buyer") is familiar with the City of Shafter as the developer, builder, owner, and operator of Golden Living Center on Tulare Ave. He and his team also own, develop, and operate multiple nursing homes and assisted living facilities in Bakersfield. Most of these entities operate under a different brand, including their facility here in Shafter.
Buyer approached the City of Shafter ("Seller") a year ago about purchasing City property covering 5.42 acres along Redwood Drive and Shafter Avenue. The property's prior use was the City's old public works corporation yard. Buyer intends to construct, own, and operate an assisted living/senior care complex.
Staff received approval from the City Council during the regular City Council meeting held November 5, 2024, to work with Best Best & Krieger LLP Attorneys and the Buyer to negotiate and prepare the terms of the purchase sales agreement and joint escrow instructions.
Property Overview: Located at the southeast corner of Redwood Drive and Shafter Ave, identifiable as a portion of APN 028-010-12.
• Appraised Value: $590,000.
• Zoning Classification: Medium Density Residential (R-2) • Parcel Adjustments: Lot Line adjustment was submitted to the Kern County Recorder's Office on October 18, 2024. The adjustment was to make the APN 028-010-12 lot decrease from 8.54 acres to 5.42 acres.
AGREEMENT FOR SALE BY THE CITY TO OLFA TRABELSI AND NACEUR BEN AISSA HIDOUSSI OF 5.42-ACRE PROPERTY IDENTIFIABLE AS A PORTION OF APN 028-010-12 AND ADOPTION
OF DECLARATION RESTRICTIVE COVENANTS
- 2 -
• Surplus Declaration: July 16, 2024, with the Notice of Availability (NOA) sent on August 1, 2024.
• CA Housing and Community Development, or HCD, sent a note on December 6, 2024, showing approval of compliance from the City with the request of providing HCD a copy of the restrictive covenant pursuant to Surplus Land Act Guidelines, Section 400(b)(1).
Restrictive Covenant:
"If ten (10) or more residential units are developed on the Parcel, not less than 15 percent of the total number of residential units developed on the Parcel shall be sold or rented at affordable housing cost. The initial occupants of all ownership units shall be lower-income households, and the units shall be subject to an equity-sharing agreement."
Next Steps:
1) Finalize initials and signatures to then enter into a joint escrow account. 2) Accept the Declaration of Restrictive Covenant by finalizing the signature and sending a copy to HCD, finalizing SLA compliance.
FISCAL IMPACT
Gross sale proceeds of $590,000 from which applicable escrow fees will be taken.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the approval of purchase and sale and joint escrow instructions for the sale of City-owned property and acceptance of a declaration of restrictive covenants for said property and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
ATTACHMENTS
1. 5.42 AC Property Purchase Sales Agreement Signed by Buyer
2. Shafter SLA Restrictive Covenant 5.42 AC Old Corp Yard
17236.00000\34324647.1
- 1 -
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Attn: City Clerk
EXEMPT FROM RECORDING FEES
(Government Code §§6103 & 27383)
Space Above Line for Recorder’s Use Only
APN: Portion of 028-010-12
The undersigned grantor(s) declare(s) documentary transfer tax is $0.00.
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (“Restrictive Covenant”) is made this 4th day of February, 2025 by the CITY OF SHAFTER, a California municipal corporation (hereinafter “Declarant”), with reference to the following facts:
R E C I T A L S
A. Declarant is the sole owner in fee simple of the certain parcels consisting of approximately 5.42 acres located at Redwood Drive and N. Shafter Avenue in the City of Shafter, County of Kern, State of California, commonly referred to as a portion of Assessor’s Parcel Number APN 028-010-12 as more fully described in Exhibit A and depicted in Exhibit B (the “Parcel”).
B. In anticipation of the sale of the Parcel, Declarant complied with the terms of the Surplus Land Act (Government Code § 54220 et seq.) (the “Act”).
C. On July 16, 2024, Declarant’s City Council adopted Resolution No.2978, which, among other things, declared the Parcels as non-exempt surplus land pursuant to Section 54221(b)(1) of the Act.
D. Subsequently, Declarant issued a Notice of Availability of the Parcel to all statutorily entitled entities, and Declarant received no Notices of Interest within the statutory period of availability.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration of the above recitals, Declarant hereby declares the Parcel shall be held, transferred, conveyed, leased, occupied or otherwise disposed of, and used subject to the following restrictive covenants:
17236.00000\34324647.1
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If ten (10) or more residential units are developed on the Parcel, not less than 15 percent of the total number of residential units developed on the Parcel shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing from the date of recordation of this Restrictive Covenant. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.
IN WITNESS WHEREOF Declarant has executed this Restrictive Covenant the day and year first above written and agrees to be bound by the terms and provisions hereof.
DECLARANT:
CITY OF SHAFTER, a California municipal
corporation
Date:
By:
Lance Lippincott, City Manager
17236.00000\34324647.1
Exhibit A
Legal Descriptions
APN 028-010-12 SECTION 10, TOWNSHIP 28, RANGE 25, QUARTER *APN 028-010-12 will convert to a new APN with the following legal description:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE 1)
ALONG THE NORTH LINE OF SAID LOT 9 SOUTH 89o42’39” EAST A DISTANCE OF 322.99 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF PARCEL 2 OF PARCEL MAP 4243 RECORDED AUGUST 10, 1977, IN BOOK 10 OF PARCEL MAPS AT PAGE 10 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE 2)
DEPARTING SAID NORTH LINE, ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT 9 SOUTH 0o36’21” WEST A DISTANCE OF 731.05 FEET TO A POINT; THENCE
3)
DEPARTING SAID WEST LINE NORTH 89o42’20” WEST A DISTANCE OF 323.03 FEET TO A POINT ON THE WEST LINE OF SAID LOT 9; THENCE
4)
ALONG THE WEST LINE OF SAID LOT 9 NORTH 0o36’33” EAST A DISTANCE OF 731.02 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF LOT 9 AND THE POINT OF BEGINNING.
ENCOMPASSING 5.42 ACRES, MORE OR LESS.
17236.00000\34324647.1
Exhibit B
Legal Depictions
17236.00000\34324647.1