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Procurement Office

Procurement Office  /  Lease of Rights-of-Way for Commercial Telecommunications Facilities

Lease of Rights-of-Way for
Commercial Telecommunications Facilities

Picture of a Florida Roadway
January 31, 2014


The Florida Department of Transportation (FDOT) has received an unsolicited proposal to lease rights-of-way owned by FDOT in Districts 1, 4, 5, and 7, for the purposes of constructing, operating, and maintaining commercial telecommunications facilities in the aforementioned FDOT Districts, excluding Florida’s Turnpike Enterprise right-of-way. FDOT requests proposals for the leasing of rights-of-way in FDOT Districts 1, 4, 5, and 7, to provide commercial telecommunications facilities, as detailed in the project Request for Proposals (RFP) document. Qualified proposers must submit a proposal in accordance with the RFP. A copy of the RFP may be obtained by submitting a written request to: row.lease@dot.state.fl.us Please provide a contact name and e-mail address when submitting your request. Questions about the RFP should also be directed to the aforementioned e-mail address. Notice of changes (addenda) to the RFP will be posted on the FDOT Procurement web site at http://www.dot.state.fl.us/procurement/ROWLeaseCommercialTelecomFacilities.shtm

It is the responsibility of all potential proposers to monitor the website for any changing information prior to submitting your proposal. Proposals must be submitted by the time and date indicated in the RFP. Pursuant to Section 337.251(3), Florida Statutes, an application fee of $10,000 is required from each proposer upon submittal of its proposal to FDOT.

Addenda to Request for Proposal:

Addendum 1 - 2/3/2014 - Reference Documents Posted to FTP
Addendum 2 - 5/21/2014 - Time Extension for Submittal of Response (.PDF File)

 Notice: Bid Proposals to be opened 3:00 PM June 23, 2014, 605 Suwannee Street, Room 440-A, Tallahassee, FL 32399
 Notice: Final Selection Scheduled for July 29, 2014, via Teleconference at 11:00 AM
Dial in Number: 888-670-3525. Conference code: 7993168355. A maximum of 120 ports will be available.

New ItemNotice:
Final selection: ROWStar, LLC.; Posted July 29, 2014.

FDOT Responses to RFP Questions for Lease of Rights-of-Way for Commercial Telecommunications Facilities:
1. Is this RFP for management of towers on FDOT ROW or for lease to construct new towers on FDOT ROW?
Response: The RFP is for leasing of right-of-way owned by the Department, for the purposes of constructing, operating, and maintaining commercial telecommunications facilities in the Department’s Districts 1, 4, 5, and 7, excluding Florida’s Turnpike Enterprise right-of-way that may be located within Districts 1, 4, 5, and 7.
2. I was looking for more clarification on types of telecommunications facilities that would be reviewed and how these would be managed.
Response: It is up to the Proposer to propose types of facilities and management of them.
3.   The City of Longwood is very interested in finding out more about any potential leases for telecommunication facilities that may occur within the City boundaries. Will the City be notified prior to a lease agreement being executed? Who is the best person to contact about potential leases that may be let in the City?
Response: Assuming the Department is able to successfully negotiate a lease with the winning Proposer, it will be the responsibility of the winning Proposer to engage all local stakeholders, as well as obtain the necessary approvals during the permitting process. Additionally, the winning Proposal should provide the commercial telecommunications facilities plan, including the locations of the proposed infrastructure improvements. That document will be made available once the final selection has been posted on July 11, 2014, per the procurement schedule. The Department will also be happy to facilitate any discussion meetings between all local parties and the winning Proposer after the lease is finalized.
4.   Would you make available a specific GIS file (shape file) available which delineates exactly what actual land the rights of way encompass? Preferably added to the FTP site to avoid all possible confusion, or else point vendors to a link on the Department's existing website.
Response: The expectation is that the Proposer will propose right of way locations for telecommunications facilities in Districts 1, 4, 5, and 7. The department does not have GIS Files, physical addresses, or latitude or longitude data that reflect the right of way. The department does have Rights of Ways Maps that depict the Right of Way.
Maps are available online at: http://www.dot.state.fl.us/surveyingandmapping/rowmap.shtm (limited areas) and/or by contacting the appropriate FDOT District Surveying and Mapping Office.
Contacts by District are:
-District 1-Wendy Brown (863) 519-2292 or wendy.brown@dot.state.fl.us
-District 4 -Lee Nye (954) 777-2287 or lee.nye@dot.state.fl.us
-District 5 -Maria Gonzalez (386) 943-5114, maria.gonzalez@dot.state.fl.us or s-mrecords.D5@dot.state.fl.us
-District 7 -Lawrence Hicks (813) 975-6165, d7.requestmap@dot.state.fl.us
The District office will require specific geographic location information to determine what maps to provide requesters and there may be fees to cover copying cost on very large orders.
5.   Is it possible to get a site list (preferably in Excel) of either the physical addresses and/or the latitudes and longitudes of the right-of-ways that are included as a part of this RFP? This will be critical to us in evaluating the sites for potential future infrastructure development.
Response: See Response #4.
6.   Are other facilities also available for development (i.e. maintenance facilities, storage facilities, etc.). If so, are they included in the site list?
Response: This solicitation is limited to the development of commercial telecommunications facilities on FDOT rights-of-way.
7.   Are the lease grantees subject to all City Codes? For example if we did not allow a cell tower in the zoning district where the FDOT property is located or we require specific buffering requirements does the city have the authority to impose these regulations on the lease holder?
Response: The lease holder is subject to all federal, state, and local laws including city codes and ordinances where applicable. Please refer to Section 1.1 of the RFP.
8.   Is this RFP for an award for specific site locations or to market ROW property in general?
Response: See response to #4
9.   If we are to name specific sites, what is the process to propose additional sites in the future?
Response: There would have to be a separate competitive procurement for the additional sites.
10.   Will more than one company receive an award?
Response: No. This is a competitive procurement with one proposal selected.
11.   A minimum fee of $10,000.00 is required to evaluate our proposal, if we do not receive an award is the fee refunded?
Response: No. The proposal fee is charged for the evaluation of each proposal.
12.   Upon award are there any go forward evaluation fees in relationship to sites recommended?
Response: No. The proposal fee is used by the Department to evaluate the proposals. The intent is to negotiate a lease of Department right of way for consideration.
13.   Does FDOT desire space reserved for FDOT use on towers and in facilities? If so what would be your space requirements within facilities including gear configurations?
Response: Depends. The configuration and FDOT use would likely be the subject of negotiations of the overall benefit of the lease to the Department.
14.   Are there any special construction issues we need to be aware of, labor, etc.?
Response: The lease holder is subject to all federal, state, and local laws including city codes and ordinances where applicable. Please refer to Section 1.1 of the RFP.
15.   As standards and requirements tend to change, will FDOT please supply the current approval processes and guidelines associated with telecommunications tower construction on FDOT right-of-way, lands, and associated in-state federal highways? 
Response: See response to Number 14.
16.    The Proposer’s response must provide a plan to: Obtain approvals from the appropriate federal regulatory agencies to construct, operate, and maintain commercial telecommunications facilities on the Department’s right-of-way;
If federal approvals are not required, what evidence will FDOT require to demonstrate that such approvals are not required. If FDOT believes federal approval may be required, will FDOT please indicate why and where the source of such requirement can be found?
Response: Depends on the proposal. It is recommended that the proposal consult federal telecommunications laws.
17.    Identify and comply with existing federal, state, and local regulatory agency requirements;
The geographic area in which Districts 1,4,5 and 7 are located is very large and includes a vast array of local jurisdictions. Is it sufficient for purposes of the RFP, to commit to FDOT to identify and adhere with any and all regulatory requirements that are applicable prior to and at the stage of construction? For instance, if a request were received to construct a communications facility within the right of way of Gulf Blvd., which is located within the township of Longboat Key, for purposes of the RFP, is it sufficient to commit that all applicable regulatory agencies and rules would be identified and complied with prior to construction. 
Response: Yes
18.    Identify and address how the Proposer plans to construct, operate, and maintain commercial telecommunications facilities in the Department’s Districts 1, 4, 5, and 7, excluding Florida’s Turnpike Enterprise right-of-way that may be located within Districts 1, 4, 5, and 7, at no cost to the Department;
How much detail regarding the construction of each facility is required at the RFP stage? For instance, it is not possible to provide precise construction details until a location is identified and the specifics of that location are examined. The geo technical analysis for each site may vary, which will affect the structural design of any vertical structures. Will conceptual plans identifying the process and type of construction details be sufficient for the RFP?  
Response: Yes. Conceptual plans with sufficient detail can be provided with the proposal.
19.    Identify and address existing infrastructure and utility conflicts, and a plan to resolve such infrastructure and utility conflicts;
Identifying existing infrastructure and utilities related issues/conflict typically occurs prior to construction based on site specific information. At the RFP stage of this process, the precise locations that each wireless carrier may need for its antenna in each of the Districts, is not known. Will a commitment at the RFP stage to resolve such issues or conflicts prior to construction and to the satisfaction of and in accordance with FDOT standards, be sufficient? 
Response: Yes
20.    Address future build-outs of infrastructure in the corridor(s) that may be impacted by or impact the commercial telecommunications facilities, and identify infrastructure improvements, environmental permitting impacts, and additional right-of-way that may be necessary which otherwise would not be required;
Again, at the RFP stage, the need and locations of future sites for the commercial telecommunications facilities of each wireless carrier is not known. It is anticipated that FDOT’s rights of way will be used by the carriers to address their future build-outs needs, which will vary depending on wireless customer demand and whether such demand requires the carrier to add additional antenna sites. Can FDOT explain this question in more detail? For instance, is this question intended to address right of way expansion and how that will be affected by the presence of commercial telecommunications facilities? 
Response: The Department will want the proposer to address possible future project expansions in the lease. The Department will negotiate the flexibility of the lease and its effect on possible future state road expansions to determine the overall benefit to the Department.
21.    Provide commercial telecommunications facilities plan, including the locations of the proposed infrastructure improvements, and how those improvements will enhance the transportation system and the motoring public;
A commercial telecommunications facilities plan for each wireless carrier is proprietary information that the carriers will not release. The need to place wireless antenna in FDOT’s right of way will evolve and grow over time and as the customer demand for wireless service increases. Accordingly, at the RFP stage it is impossible to identify all of the future needs and locations for all wireless facilities. Even if one wireless carrier were to identify its right of way needs and locations, such information will not capture the sites that another wireless carrier’s system may require.  
Will a conceptual approach to siting wireless facilities be sufficient? For instance, based on the technology, it is possible to identify the parameters for siting micro cells. If the general design of a mirco cell system were provided identifying the range of coverage is that sufficient? How is the enhancement of FDOT’s transportation system and the monitoring public to be measured or determined by FDOT. In other words, what standard should the RFP use in determining whether FDOT’s transportation system is enhanced? Improved 911 coverage?
Response: Yes. A conceptual approach to siting wireless facilities be sufficient for a proposal.
22.    Identify and address any zoning or land development codes of any affected local government;
As noted above, the demand for and use of wireless throughout Florida is growing. It is impossible to identify each future site where a new wireless facility may be needed/located. It is difficult at the RFP stage to identify what zoning and/or land use codes will be involved. Will a statement/commitment in the RFP to comply with all local zoning/land use codes satisfy this request? 
Response: Yes. A statement/commitment in the RFP to comply with all local zoning/land use codes will be sufficient for the RFP.
23.    Under paragraph 1.3.2b(2)(c), it is not clear what the term “project limits needed for the provision of commercial telecommunication facilities” means. Would you please explain? 
Response: The clause is asking the proposer to identify the specific property that would be the subject of negotiations for a potential lease.
24.    Under paragraph 1.13.3(a)(2), “A description of all expenditures and uses of revenue, including all anticipated payments to the Department including when needed during the term of the Lease and Operating Agreement.” It is unclear what is being requested by this provision, please explain? 
Response: The Department is seeking information to help determine the value of the property lease through the cost of construction and other recurring costs. The more proposal information submitted will help determine whether a potential lease will be in the best interests of the Department.

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