1-26RFP043 GAATN Maintenance.pdf

This solicitation is a request for proposals for services under Texas Education Code 44.031.

Request for Proposals

26RFP043

Maintenance for the Greater Austin Area Telecommunications Network (GAATN)

Date Event February 13, 2026 Date of public notice/Issue date

March 3, 2026 Optional pre-proposal virtual meeting via Microsoft Teams at 10:00 AM CST (meeting access info on RFP page 2)

March 10, 2026 Due date for questions by 5:00 PM CST in AISD Bonfire Portal

March 13, 2026 Questions and Answers posted in AISD Bonfire Portal

March 25, 2026 RFP opening / due date at 2:00 PM CST

May 5, 2026 Tentative GAATN Board of Directors meeting for consideration

Contact:

Joycie Adeyemi Director of Contracts & Procurement Services Joycie.adeyemi@austinisd.org

(512) 414-2160

To ensure a fair and transparent solicitation process and the integrity of submissions:

• Proposals received after the specified due date and time shall not be considered.

• Proposals must be submitted in the specified format, and all Required Forms must be signed and submitted with response.

• Question and Answer Protocol: Proposers seeking clarification or have questions pertaining to this RFP must submit questions in writing through the AISD Bonfire Portal no later than the date and time shown above.

• Questions & Answers and all Addenda will be posted on the AISD Bonfire Portal:

https://austinisd.bonfirehub.com/portal/ mailto:Joycie.adeyemi@austinisd.org https://austinisd.bonfirehub.com/portal/

Austin ISD – Request for Proposals 26RFP043 – GAATN Maintenance

PRE-PROPOSAL MEETING (OPTIONAL)

GAATN will host a virtual pre-proposal meeting on Tuesday, March 3, 2026 at 10:00 AM CST via Microsoft Teams. To join this meeting, click the link below or copy and paste into your browser, or call the number and use the access code provided below:

Join Microsoft Teams Meeting Join the meeting now

Meeting Call-In Number: (512) 831-7858 Passcode: 127 244 563# https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDVhMzBiMDAtMTAzZC00NTBhLTliYTAtYjM5MDAwNjY0ZGYx%40thread.v2/0?context=%7b%22Tid%22%3a%225c5e19f6-a6ab-4b45-b1d0-be4608a9a67f%22%2c%22Oid%22%3a%22de3b3fee-a797-4aeb-b3ca-6d13899114ac%22%7d

Checklist and Submission Guidelines

This checklist is provided to help you conform to all form/document requirements stipulated in this solicitation and attached herein. This is not a required form, and it is not necessary to return this checklist with your proposal.

I. Understanding the Proposal

Completed

Read entire RFP document, exhibits, appendices, and attachments

Review AISD Policy and Provisions (available on the AISD website)

Attend pre-proposal conference (optional)

Submit questions properly before deadline

Review addenda, Q&A and other additional attachments

Review Proposal Format section of RFP

II. Forms

Completed

Bid Certification (GAATN version)

Notification of Criminal History of Contractor

Debarment, Suspension and Ineligibility Certification

Conflict of Interest Questionnaire (CIQ) – electronic submission

Form W-9 Request for Taxpayer Identification Number and Certification

III. Submitting the Proposal

Completed

Prepare the proposal in the format specified and sign all required forms

Submit proposal through the AISD Bonfire Portal no later than the due date and time.

Table of Contents

Section I

Section II

Section III

Section IV

Section V

Section VI

Section VII

Section VIII

Introduction and RFP Conditions

Historically Underutilized Business (HUB) Program Requirement

Proposal Format

Initial Review of Proposals

Competitive Selection / Evaluation

Award Terms and Conditions

Scope of Service and Performance Requirements

Exhibits, Appendices, and Attachments

I. INTRODUCTION AND RFP CONDITIONS

A. INTRODUCTION

The Austin Independent School District (herein after referred to as “AISD” or the “district”), as financial services provider for GAATN, is seeking proposals from firms qualified and experienced in providing maintenance for fiber optic networks (both aerial and buried plant) in order to provide maintenance and assistance to the Greater Austin Area Telecommunications Network (GAATN).

GAATN is a consortium of seven local governmental entities in the greater Austin area, including AISD, City of Austin, Travis County, Austin Community College, Lower Colorado River Authority, The University of Texas at Austin, and the State of Texas (DIR) (each a “GAATN Participant”), which, by an interlocal cooperation agreement under the authority of Chapter 791 of the Texas Government Code, owns and operates an approximately 400-mile fiber-optic telecommunications network in the greater Austin area for the use and benefit of its governmental Participants. The GAATN plant is built in ring configuration and consists of four super rings and seven sub rings of fiber optic cable ranging from 72 strands to 192 strands that traverses the greater Austin area.

Approximately 35 miles of plant is underground, and 365 miles of plant is aerial, the majority of which are attached to Austin Energy poles. Additionally, GAATN owns approximately 120 utility poles.

GAATN’s Maintenance Contractor will be expected to provide various maintenance and emergency repair services, and related services, to GAATN regarding the GAATN fiber-optic network (GAATN Network); it may also be called upon from time to time to assist with other projects. Maintenance services will include, but not necessarily be limited to: a) performing emergency repairs on the GAATN Network—for both aerial and buried plant—when unexpected events (accidental teardowns by third parties, weather-related interruptions or damage, animal-related damage, vandalism, etc.) damage, impair, or interrupt the reliable performance of the GAATN Network, and to maintain specified field crews on call 24/7/365 for prompt response; b) managing GAATN’s National Joint Utility Notification System (NJUNs) tickets and related work;

c) performing full-time continuous, comprehensive, and systematic inspection of the GAATN Network, cumulatively totaling at least two (2) complete, fully documented Network inspections per year; d) performing other maintenance activities as needed or requested including, but not limited to, routine activities such as tree trimming; e) attending the weekly Austin Utility Location and Coordination Committee (AULCC) meeting as the representative for GAATN; f) attending a monthly GAATN Board and a monthly GAATN Technical Committee meeting; and g) maintaining suitable crews and parts and supplies inventories to provide such services.

The successful Proposer will be expected to have and maintain, at all times during the contract term, specific minimum levels of experience in specific network-related areas, including but not limited to management, administrative, supervisory, field supervisory, and field personnel, and at least one (1) FTE Bentley-qualified employee and a backup person capable of providing Bentley-related services. The successful contractor will be required to have and to maintain for the term of the contract (a) maintenance bond(s) (i.e., equivalent to performance and payment bond coverage for the maintenance contract tasks); (b) specified levels of insurance of various types, naming GAATN as a named insured; and (c) sound financial condition, to be documented to GAATN in the Proposer’s response, and at least annually thereafter at the beginning of an extension term, or more often as may be requested by GAATN.

B. RFP CONDITIONS

1. All Proposers are expected to carefully examine the RFP documents. It is believed that all information necessary to complete a response is included in this RFP. It is the responsibility of the Proposer to obtain clarification of any information contained herein that is not fully understood.

2. Proposers may make written inquiries through the AISD Bonfire Portal concerning this solicitation to obtain clarification of the proposal requirements. Inquiries shall be submitted no later than the time and date specified on the cover page. Questions received by this deadline, and corresponding answers, will be included in an Addendum. All addenda will be posted in the AISD Bonfire Portal.

3. Any verbal statement regarding this RFP or any interpretation of it or any part of it by AISD or GAATN staff made prior to the award of contract shall be of no effect and shall not bind GAATN or AISD as GAATN’s financial services provider; and the Proposer should not rely on any such interpretations or responses.

4. GAATN and AISD are subject to the Texas Public Information Act, Texas Government Code Chapter 552. All documents submitted as part of the Proposer’s proposal response will be deemed confidential during the evaluation process and will not be available for review by anyone other than GAATN, AISD staff, or its designated agents. Following an award of contract or termination of the procurement, proposals may be subject to release as public information. If a Proposer believes that its proposal response, or parts of it, may be exempted from disclosure under Texas law (e.g., trade secrets), the Proposer clearly must specify page-by-page and/or line-by-line the parts of the proposal response which it believes are confidential or otherwise exempt under the Act. GAATN and AISD assume no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Proposers.

5. GAATN adheres to AISD purchasing policies unless RFP documents state other requirements. AISD Board Policies can be accessed at Austin ISD Board Policy Manual - Policy Online. Purchasing policies are included in Section C of the AISD Board Policy Manual. Submission of a proposal is the Proposer’s commitment to hold open the offer described for a period of at least sixty (60) days from the date proposals are due. No proposals may be withdrawn for a period of sixty (60) days subsequent to the deadline for receipt of proposals without the prior written consent of the GAATN Board of Directors or its designee.

6. The Proposer shall bear all costs and expenses of preparing and submitting its proposal.

GAATN/AISD will not be responsible for any expenses incurred by a Proposer in preparing and submitting a proposal.

7. The Proposer, by and through the submission of a proposal, agrees to be held responsible for: a) having examined the RFP and all referenced citations of judicial decisions, statutory authority, and local policy; b) having become familiar with the nature and scope of the services required by GAATN; and c) identifying any local conditions that may affect labor availability, and administrative rules and other factors that may impact the Proposer’s ability to provide timely service to GAATN as required under this RFP.

8. A proposal shall incorporate all significant points enumerated in this RFP. Both the RFP and the successful proposal shall become a part of the contract. Where a proposal is silent with regard to an element required by the RFP, GAATN will assume the services and conditions set forth in RFP Sections VI and VII to be accepted by the Proposer and to be https://pol.tasb.org/PolicyOnline?key=1146 https://pol.tasb.org/PolicyOnline?key=1146 incorporated as part of the proposal. As permitted by applicable law, GAATN may seek clarification of or negotiate certain provisions with a Proposer.

9. GAATN reserves the right to require additional information from Proposers and to conduct necessary investigations to determine Proposer past performance, performance capacity, and reliability, and to determine the accuracy of proposal information. To the extent permitted by law, GAATN may discuss the proposal with Proposer; and may negotiate terms with the Proposer.

10. GAATN reserves the right to reject any and/or all proposals, to make such awards for individual products or services, or to award more than one Proposer, as may be advantageous to GAATN, and to waive any or all formalities in the RFP process.

11. The GAATN Board of Directors will determine which proposal or proposals to accept, in whole or part. No award is legally binding until and unless such a formal contract award has been made and a written agreement has been executed by the GAATN Board of Directors.

12. Each Bidder, by submitting its proposal, agrees that the proposal is subject to the AISD Policies and Provisions and agrees to comply with those conditions. Acceptance of a proposal will occur only when a contract is executed. Any contract will be between GAATN and the Contractor and no commitment exists until a contract is executed by both parties.

13. A copy of the GAATN sample contractual document is included as Exhibit D. It is contemplated that an agreement similar to the sample contract, along with this RFP (including any addenda), and the contents of the successful proposal will become a part of the subsequent contract documents. Contractor is expected to execute a contract within ten (10) days from the date Contractor is notified of the award, and five (5) days after the date the Contract is signed by Contractor in which to provide the evidence of insurance and required bonds as required by the Contract Documents (See Exhibit D Article 3).

Failure to execute such an agreement will result in cancellation of any award. A Proposer who is awarded the contract but which declines or refuses for any reason to execute the contract may be liable for any costs, expenses or other damages suffered or incurred by GAATN or AISD in the preparation, publication, administration, evaluation, negotiation or award of this RFP (“RFP Costs”); and each Proposer, by submitting a proposal response to this RFP, agrees to reimburse GAATN and AISD for any such RFP Costs if awarded the contract, but fails for any reason to execute it.

14. The person whose signature appears on the cover page of a Proposer’s response to this RFP thereby certifies (by signing the document) that the individual, firm and/or any principal of the firm on whose behalf the proposal is submitted is not listed on the Federal Government’s “List of Parties Excluded from Federal Procurement and Non-Procurement Programs” published by the U. S. General Services Administration (GSA) effective as of the date of opening of the proposal, and agrees to notify GAATN and AISD of any debarment inquiries or proceedings by any federal, state, or local governmental entity that exist or may arise between the date of the submission of a proposal and such time as an award has been made under this procurement action.

15. Successful Proposers will receive a Notice of Award. If a Contract is issued, the Contractor will receive the document via email for electronic signature using the DocuSign or AdobeSign routing system. Once complete, Contractors will receive a fully executed copy of the service agreement via email. Non-awarded Proposers will receive a “Notice of Non- Award” via email.

16. Upon approval, Contractors will receive a Purchase Order (PO), and this is the notice to proceed to begin services. Under no circumstance should Contractors begin to provide services to GAATN without a valid Purchase Order. GAATN is not responsible for payment for unauthorized services rendered in advance of a valid PO being issued.

II. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM REQUIREMENTS

The HUB Program promotes and strongly encourages the involvement and participation of Historically Underutilized Businesses in District-wide procurements. According to AISD policies CH (LOCAL) and CV (LOCAL), the HUB Program guidelines are not applicable for this type of procurement.

III. PROPOSAL FORMAT

A. Preface The Proposer shall provide an executive summary of two (2) pages or less, which gives in brief, concise terms, a summation of the proposal.

B. Proposal

The Proposer’s proposal itself shall be organized in the following format and informational sequence:

Section I – Summary of Experience

1. Full name and address of the Proposer submitting the proposal and a brief summary of the Proposer’s corporate experience, and the individual experience of specific personnel who will provide the specific services requested.

2. Documentation on the Proposer’s training programs, retention programs, stability programs, or any other type of program or philosophy on how the Proposer shall retain competent staff to maintain GAATN.

Section II - Scope of Service

A description of services and capabilities as outlined in RFP Section VII. Scope of Service and Performance Requirements in the order shown. Clearly state any exceptions taken to RFP Sections I.B., VI, VII, or any other conditions of the proposal.

Section III - Financial Proposal – Exhibits A and B

This section shall contain a straightforward, concise delineation of the proposed fees and costs to satisfy the requirements of the GAATN maintenance contract described in this RFP using Exhibit Forms A and B. It is the Proposer’s responsibility to specify all fees and costs (e.g., service fees, supplies and equipment fees and costs, administrative fees, processing fees, etc.) associated with providing the products or services required herein.

Services to be included in the proposed Annual Base Contract price (Exhibit A) include costs for all services detailed in this RFP with the exception of field work for emergency repairs and field work for NJUNs tickets, which will be invoiced separately as services are completed, using the proposed unit pricing (Exhibit B) line items applicable to each job.

Exhibit B should be submitted in excel format.

Section IV – References

This section shall include a list of at least four (4) references from current customers of comparable size and scope as required by this maintenance work where the Proposer has a history of continuous satisfactory services for the last five (5) years. References are to be from entities which are substantially serviced by the Proposer (references most similar to GAATN should be provided). The Proposer shall provide the following information for each reference: Work Name, Work Location, Contract Amount, Start Date, Completion Date, Start Cost, Completion Cost, Brief Description of Work, Client Point of Contact Name and Phone Number.

Section V – Financial Condition

This section shall include documentation that accurately and completely reports on the financial condition of the Proposer. Such documentation must include income statements and balance sheets for the past two (2) fiscal years immediately preceding the date of this RFP (a Dun & Bradstreet rating sheet may be substituted for the income and balance sheet as long as the information indicates profitability and stability).

C. Required Forms Forms are required to be completed and submitted with proposal response. Bidders shall execute the following required forms. Links are provided for the CIQ and the W-9 below.

All other forms can be found in the AISD Bonfire Portal for download.

• Bid Certification

• Notification of Criminal History of Contractor

• Debarment, Suspension and Ineligibility Certification

• Form W-9 Request for Taxpayer ID Number and Certification

(available at www.irs.gov)

• Conflict of Interest Questionnaire (CIQ). The CIQ is prepared by the Texas

Ethics Commission, in compliance with Chapter 176 of the Texas Local Government Code. The form should be submitted on-line at:

https://www.austinisd.org/cp/ciq-online

D. PROPOSAL GUARANTY

The original Proposal Bond or cashier’s check as proposal guaranty MUST be scanned and included in the electronic submission of the proposal. In order to be fully responsive regarding the proposal guaranty, GAATN c/o AISD MUST be in receipt of the physical original proposal bond or cashier’s check within five (5) business days of the proposal due date. The original proposal bond or guaranty check should be sent or delivered to this address:

GAATN c/o Austin ISD 26RFP043 Bid Bond Submission 4000 S IH 35 Frontage Road, Austin Texas, 78704 Attn: Joycie Adeyemi http://www.irs.gov/ https://www.austinisd.org/cp/ciq-online

1. A Proposal Guaranty is required in the amount of five percent (5%) of the face amount of total fees and costs proposed on Exhibit A for Contract Year 1.

2. The Proposal Guaranty MUST be in the form of (i) a cashier’s check written on a Bank having one or more branch offices located in Texas, payable to the order of the Greater Austin Area Telecommunications Network (and should be dated no earlier than one month before the deadline for proposal submission); or (ii) a Proposal Bond in the form included with this RFP, issued by a corporate surety authorized to do business in the State of Texas, that is listed on the U.S. Treasury list of approved sureties.

3. The Proposal Guaranty will be held by AISD/GAATN until the selected Proposer has signed a Contract and provided the required insurance, payment and performance bonds, or has been informed in writing by AISD/GAATN that its proposal has been rejected.

4. Should the selected Proposer fail or refuse to sign the Contract and/or provide the required insurance and payment and performance bonds, GAATN will be entitled to retain the Proposer’s Proposal Guaranty as liquidated damages and not as a penalty.

IV. INITIAL REVIEW OF PROPOSALS

Any Proposer determined non-responsible or any proposal determined non-responsive will not be evaluated further. The Proposer will be notified of a non-responsible or non-responsive determination.

Responsive In order for a proposal to be responsive:

• ALL required forms listed above shall be signed and included with proposal;

• Proposal shall be received prior to the RFP opening date at the address listed on the cover page;

• Proposal shall respond to the entire scope of service and performance requirements as requested.

Responsible In order for a proposal to be responsible, the Proposer shall be in good financial standing with the Texas Comptroller of Public Accounts.

V. COMPETITIVE SELECTION / EVALUATION

A. This is a NEGOTIATED procurement and as such, award will not necessarily be made to the offeror submitting the lowest priced proposal. Award will be made to the Proposer submitting the best responsive proposal satisfying GAATN’s requirements, price and other factors considered. Consistent with state law and AISD policy, this RFP does not commit GAATN to award a contract. GAATN reserves the right to accept or reject any or all proposals and/or award in whole or in part any proposal if GAATN determines it is in the best interest of GAATN to do so.

B. GAATN anticipates that the evaluation process may include multiple levels of evaluation, as for example, but not limited to:

Phase 1: Initial review of the proposal by GAATN’s evaluation team.

Phase 2: Interviews and/or presentations of top proposals from Phase 1, followed by administrative review of finalist(s) and award recommendation.

PHASE 1

Points Item Detailed Description

30 Points Proposed Service Plan

The adequacy and completeness of the plan offered addressing the Scope of Service and Performance Requirements including staffing, response times, and resources proposed.

30 Points Proposer's Capabilities The demonstrated ability of the Proposer to provide services, including references.

10 Points

Management information reporting and data processing capabilities

Reporting and documentation processes for handling the scope of service and performance requirements (RFP Section VII).

30 Points Financial Proposal The financial viability of the Proposer, the overall price proposal for the Annual Base Contract amount (Exhibit A) and the proposed unit pricing (Exhibit B).

PHASE 2 (at GAATN’s option)

Points Item Detailed Description

35 Points Interview / Presentation

The adequacy and completeness of the plan offered addressing the Scope of Service and Performance Requirements including staffing, response times, and resources proposed.

35 Points Proposer's Capabilities The demonstrated ability of the Proposer to provide services, including references.

30 Points Financial Proposal The financial viability of the Proposer, the overall price proposal for the Annual Base Contract amount (Exhibit A) and the proposed unit pricing (Exhibit B).

C. The GAATN committee evaluating the proposals submitted in response to this RFP may require any or all Proposers to give an oral presentation in order to clarify or elaborate on their proposals. Proposers may be requested to revise any or all portions of their proposals and submit a best and final offer (BAFO) for consideration. In each category identified above, the committee, as it deems appropriate, may consider in addition to the evaluation factors identified, any of the following: reputation of the Proposer; quality of the Proposer’s goods or services; extent to which the Proposer’s goods or services meet GAATN’s needs; the Proposer’s past relationship with GAATN or GAATN Participants; impact on the ability of

GAATN to comply with laws and rules relating to historically under-utilized businesses; and total long-term cost to GAATN to acquire Proposer’s goods and services.

D. If GAATN determines that additional evaluation steps are required to determine the best value between Proposers, GAATN reserves the right to consider any or all of the following additional criteria; the proposed price, Proposer’s experience, references and record for responsibility, or any other relevant factor that GAATN deems necessary to determine best value.

VI. AWARD TERMS AND CONDITIONS

A. The agreement(s) resulting from this RFP will be in effect for an Initial Term of two (2) years from July 1, 2026 to June 30, 2028. The contract year will run from July 1 through June 30.

GAATN and the Contractor may extend the agreement for up to three additional one (1) year Renewal Terms. In addition, GAATN reserves the right to extend the contract for an additional time beyond the final expiration date if necessary to ensure no lapse in service.

B. The GAATN Board will retain 10% of the overall contract payment amounts as retainage to ensure completion and satisfaction with the maintenance work. If the GAATN Board finds few issues with the overall quality of the maintenance work, as ascertained by random audits, and no trend of deterioration of or erratic or otherwise unsatisfactory Contractor maintenance work quality, and a record of prompt correction of performance problems, the GAATN Board will approve payment of the 10% retainage to Contractor at one of its regular Board meetings during the final quarter of GAATN’s fiscal year, which is April 1 – June 30.

C. Unit pricing for parts and services quoted to GAATN on Exhibit B shall be extended by the GAATN maintenance contractor to all GAATN Participant governmental entities for entity-specific maintenance work for the Participants. This also applies to entity-specific emergency fiber repairs and National Joint Utility Notification System (NJUNS) tickets.

D. A system for perpetual record keeping shall be maintained by the Contractor up to and including the entire contract term, and for a period of no less than three (3) years thereafter, and the Contractor must make such records available to GAATN and/or AISD upon request.

GAATN shall be the absolute unqualified owner of all Information created or prepared pursuant to this contract or otherwise related to the maintenance contract and work performed under it.

For the purpose of this RFP and any contract awarded, “Information” shall mean and include any records, documents, diagrams, plans, pictures, recordings, data, databases, or other information or work product of any kind or character, in whatever form or medium created, stored, transmitted or used, whether or not now known. No information produced as a result of or in respect of any agreement or contract with GAATN can be released without the prior written consent of GAATN. Proposers are put on notice that information concerning the GAATN Network may be subject to strict confidentiality under subchapter H of chapter 418 (“Emergency Management”) of the Texas Government Code; see especially sections 418.176, 418.181, 418.182, and 418.183.

E. Any contract resulting from this solicitation is contingent upon the continued availability of appropriations and is subject to cancellation, either in whole or in part, without penalty to GAATN or any GAATN Participant, if funds are not appropriated by the GAATN Board of

Directors or are otherwise not made available to GAATN by any of its financial providers, including any of its Participants.

F. GAATN reserves the right to terminate all or part of the undelivered portion of any contract resulting from this solicitation for cause upon written notice; or at any time without cause upon thirty (30) days’ written notice.

G. Indemnification – To the fullest extent permitted by applicable law, the Contractor and its agents; owners, partners and other principals; employees; officers; representatives;

subcontractors; and consultants (collectively "Indemnitors") shall and do agree to indemnify, protect, defend with counsel approved by GAATN and/or AISD, as applicable, and hold harmless GAATN and GAATN Participants, as applicable, and their respective elected or appointed officials, officers, directors, members of the board, partners and participants, employees, representatives, and agents (collectively "Indemnitees") from and against all claims, damages, losses, liens, fines, penalties, causes of action, suits, judgments and expenses, including attorney fees, of any nature, kind, or description (collectively "Liabilities") asserted by any person or entity whatsoever arising out of, caused by, or resulting from the performance of services, or provision of goods, by or on behalf of Contractor pursuant to or in the performance or ostensible performance of this contract, or any part thereof, which are caused in whole or in part by any negligent act or omission of the Contractor or any other Indemnitors, or by anyone directly or indirectly employed by an Indemnitor or by anyone for whose acts an Indemnitor may be liable, even if caused in part by the negligence or omission of any Indemnitee, so long as not caused by the sole negligence or willful misconduct of any Indemnitee. In the event more than one of the Indemnitors are connected with an accident or occurrence covered by this indemnification, then each of such Indemnitors shall be jointly and severally responsible to the Indemnitees for indemnification and the ultimate responsibility among such Indemnitors for the loss and expense of any such indemnification shall be settled by separate proceedings among the Indemnitors and without jeopardy to any Indemnitees. The provisions of this article shall not be construed to eliminate or reduce any other indemnification or right which GAATN, GAATN Participants, or any of the other Indemnitees has by law or in equity.

H. Contractor shall protect, defend and indemnify GAATN, GAATN Participants, and the other indemnitees from and against all Liabilities arising from third party claims of infringement or alleged infringement of any United States patent, trademark, trade dress or copyright, or alleged misappropriation of trade secret or other proprietary Information (all collectively “alleged infringement of Intellectual Property”), alleged to arise in whole or part by or on the basis of any of the services performed or goods provided hereunder, or the use by Contractor or by GAATN or any GAATN Participant at the direction of Contractor or purportedly under a license of Contractor, of any article or material, including but not limited to software or any other intellectual property or proprietary Information; provided, that upon becoming aware of a suit or threat of suit for alleged infringement of Intellectual Property, GAATN shall promptly notify Contractor. Contractor shall be given full opportunity to negotiate a settlement (which, however, may not without their consent impose on any Indemnitee any financial or other obligation, and which may not in any event impair in any way, directly or indirectly, the discretion of GAATN and other Indemnitees to exercise full discretion in the exercise of governmental functions or powers), and to defend against such allegations or suit.

I. In the event of litigation other legal proceedings, or threat of litigation or other legal proceedings, to which a Contractor obligation to defend attaches and against which Contractor defends itself and GAATN or any other Indemnitees, GAATN and AISD agree to cooperate reasonably with Contractor in such defense; and GAATN and AISD shall be entitled, in connection with any such litigation, to be represented by counsel at their own expense. The obligations to indemnity contained herein shall survive the termination for any reason whatsoever of any agreement between the parties, or any purchase order.

VII. SCOPE OF SERVICE AND PERFORMANCE REQUIREMENTS

The following describes the contractor scope of service and performance requirements. GAATN requires the successful Proposer which becomes a GAATN Maintenance Contractor to meet all of the requirements listed below and to perform the following Operational and Administrative functions as part of the annual Maintenance Contract. Routine inspections, emergency response/repairs, and National Joint Utility Notifications System (NJUNS) ticket management are the major focuses of this contract. (References to “Contractor” include, for purposes of this RFP or responses to this RFP, “Proposer.”)

The specific functions and requirements are listed below. Failure to address or to fully describe capabilities to accomplish all elements of this section will result in a loss of evaluation points.

A. Experience Requirements:

1. The Contractor shall be a well-established business with a local office and sufficient staff within the Greater Austin Area. Preference will be shown for entities that have been in business and have been performing work of a kind, scope and scale comparable to that sought by this RFP for a minimum of five (5) years.

2. The Contractor shall have five (5) years prior experience in the construction, installation and maintenance of outside fiber plant and building entrance for projects of a similar size and scope. Having staff members or company experience directly with GAATN is desirable.

B. Insurance and Bonding Requirements:

1. Insurance:

i. Contractor shall maintain commercial general liability, vehicular, workers’ compensation insurance, etc. as required by the AISD GCC General Conditions Appendix 5, Section 10. GAATN shall be named additional insured on all applicable policies and specific criteria with respect to cancellation notices, etc., will be strictly adhered to.

ii. The Contractor’s attention is directed to Subsection 10.4 of the General Conditions of the Contract, which expressly sets out the Worker’s Compensation Insurance requirements for the Maintenance Work. The Contractor and each subcontractor must maintain Worker’s Compensation Insurance coverage as required in General Conditions Subsection 10.4; and the Contractor is required to provide a certificate of coverage for each subcontractor prior to that subcontractor beginning work on the Project Site, showing that coverage is being provided for all of its employees for the duration of the applicable Maintenance Work. Subsection 10.4 is incorporated herein for all purposes.

iii. Insurance meeting the requirements set out in the General Conditions of the Contract must be furnished by the selected Contractor within five (5) business days after the Contract is signed by the Contractor.

2. Bonds:

i. Bid Bond/Proposal Guaranty: See Section III.D. for requirements.

ii. Contractor is required to maintain Performance and Payment Bonds (the Performance Bond may take the form of a Maintenance Bond) on a yearly contract basis. GAATN will be named insured on all applicable bonds. GAATN reserves the right to require maintenance of bonds on an annual, contract year basis.

iii. Bonds must be provided by a Treasury-listed corporate surety authorized to do business in the State of Texas and must meet the requirements of Chapter 2253 of the Texas Government Code.

iv. Performance Bond shall be in the face amount of the total fees and costs proposed.

C. Staffing Requirements:

1. The Contractor shall identify the following personnel, along with their work experience, training history and applicable certifications, that will be assigned to this project and shall agree to retain these personnel without the prior written consent of AISD/GAATN:

i. Project Manager: with qualified backup personnel (75% of one (1) FTE and 50% of one (1) FTE). The project manager will have the following qualifications:

Leadership for GAATN account, single point of contact, over five years of outside plant construction and inspection experience. GAATN experience of over two (2) years is preferred.

ii. Primary Inspector: with qualified backup personnel (50% of one (1) FTE and 50% of one (1) FTE). The Primary Inspector will have the following qualifications: over 9 years’ experience with outside plant fiber construction.

iii. Restoration Staff: see below

2. The Contractor shall have a minimum of a one (1) to two (2)-person crew dedicated to supporting ongoing GAATN inspection duties. All of these persons shall be full-time employees. It is expected this crew would perform inspections five (5) days per week for eight (8) hours per day.

3. The Contractor shall have a minimum of crews: one (1) – three (3)-person placing crew and two (2) – two (2)-person splicing crews available for onsite response within two (2) hours under the emergency repair category of this contract.

4. The Contractor shall have a minimum two-person team that has the ability to produce network designs, as-built documentation, etc., utilizing Bentley Fiber and AutoCAD.

5. The Contractor shall have sufficient staff to provide administrative functions including, but not limited to, network design and documentation, warehouse, and inventory services.

6. The Contractor shall provide an organization chart showing all staff assigned to the services of this contract to the GAATN Network Manager within five (5) business days of the execution of the contract and shall provide an updated organization chart annually and additionally as requested. If any changes to the staff assigned to the services of this contract occur, the Contractor shall provide an updated organization chart to the GAATN Network Manger within five (5) business days of the change.

7. All installers must be certified, trained, and experienced in the specific installation, termination, and testing of the systems as specified. The Contractor shall provide a list of installers along with their work experience, training history, and applicable certifications. Building Industry Consulting Services International (BICSI) Certified Technicians are preferred.

8. The Contractor shall supply AISD/GAATN with criminal history background checks for all personnel proposed to work on or be given access to GAATN plant or facilities, prior to beginning any work on the GAATN Network. Contractor is directly responsible to obtain all required criminal history record information through the Texas Department of Public Safety’s Fingerprint-based Applicant Clearinghouse of Texas (“FACT”). The cost of the background checks is the responsibility of the Contractor. Contractor must ensure that there is no criminal history record that would prevent the Contractor or its employees from working in the District’s facilities. Contractor must ensure that national criminal history record certification is filed with the District. Contractors can only be present at district campuses or may provide online services once the criminal history process (including forms and fingerprinting) has been properly completed and approved. For more information, please refer to AISD District Policy CJA (REGULATION) and CJA (LEGAL). Additional Criminal Background Investigations may be required by GAATN entities for access to their sites.

9. The Contractor shall perform drug tests on all personnel working on GAATN prior to an employee beginning work on the GAATN Network.

10. The Contractor shall ensure each employee working on the GAATN Network wears a company photo identification badge at all times while working on the GAATN Network.

Additionally, a GAATN authorized badge may be required. If required, an appointment will be arranged to create badges.

D. Equipment Requirements:

1. The Contractor shall provide all vehicles, tools, equipment, materials, test equipment and qualified personnel to maintain, service, and/or upgrade the GAATN fiber rings in accordance with GAATN’s specifications in this RFP, including RFP section VII and the GAATN Technical Guidelines (Exhibit E), and use or install any equipment or hardware according to manufacturer’s specifications.

2. The Contractor shall own the following minimum levels of equipment available at their local office and available for immediate deployment for GAATN Work at all times:

i. Three (3) bucket trucks

ii. Three (3) splicing trailer units

iii. Two (2) hydraulic reel trailers

iv. Two (2) cable locators and marking

v. One (1) tree-trimming equipment

vi. Two (2) trucks with onboard motor generators that can be dispatched during power outages

vii. Three (3) fusion splicers for SMF-28 and Leaf fiber

3. The Contractor shall provide a list of any other applicable equipment not specifically listed that the Contractor has available for the work as specified in this contract. The Contractor shall identify the location and availability of this equipment.

E. Warehouse, Storage, and Inventory Requirements:

1. The Contractor shall provide secure, dry and isolated warehouse space for mandated levels of GAATN-owned emergency repair inventory at no additional cost. This warehouse space shall be within the Greater Austin Area.

2. The Contractor shall insure all GAATN-owned materials in Contractor’s possession or under its control or right of control against fire, theft or other damage at replacement cost value, and shall make GAATN and GAATN Participants additional named insureds.

3. Contractor shall clearly mark and identify all GAATN inventory as GAATN-owned material.

4. Contractor shall provide a separate and secure area in a warehouse that is protected and secured to permit limited access to authorized personnel.

5. Contractor shall provide approved GAATN personnel unlimited access to the storage area and materials at all times.

6. The inventory requirements include 12 to 15 cable reels in outside space (current GAATN Maintenance Policy requires GAATN to maintain an emergency inventory of at least 40,000 feet of GAATN standard cable count); up to five (5) racks and various piece-parts in inside space (controlled environment—ac/heating, humidity) up to 400 square feet.

7. Fiber Reel Testing:

i. Immediately upon receipt, the Contractor shall visually inspect and test all cable reels for continuity by uni-directional OTDR testing at 1310nm (+-15nm) and 1550nm for each single mode strand. Contractor shall save the test results electronically and in hard copy format and retain this documentation.

ii. If any aberrations are detected during this Reel Test, the Contractor shall perform a comparison between the Reel Test results and the data sheets shipped with the cable reel from the vendor.

iii. Contractor shall report unacceptable aberrations to the cable provider in order to facilitate shipment of a replacement reel. Once the Contractor accepts possession on a reel, all responsibility for its proper performance after installation belongs to the Contractor. If the cable fails to pass any subsequent performance tests before the facility is accepted by the GAATN Network Manager, the Contractor will be responsible for all corrective action necessary to bring the cable into conformance; up to and including replacement and re-installation.

8. With the sole exception of GAATN-owned fiber cable and the items defined in Exhibit B, the Contractor shall be required to maintain a sufficient level of inventory to support the GAATN Network. This inventory includes all necessary materials and equipment to repair the GAATN Network in the event of a Network teardown or other damage or degradation of transmissivity.

F. Invoice Requirements:

1. The Contractor shall submit invoices to the GAATN Network Manager only after work has been completed, close-out documentation has been provided, and the GAATN designee has inspected and accepted the work in writing.

2. All invoices shall have:

i. A unique invoice number

ii. The correct purchase order listed

iii. Dates when the work was started and when completed

iv. A detailed, itemized breakdown of costs (to include specific line items with specific item codes, quantity, unit costs, labor costs, and total costs)

v. Pricing the matches pricing submitted in Exhibits A and B

vi. Accurate invoice rendering dates and clear indication of revision status

G. Communications Requirements:

1. Contractor shall provide a Single Point of Contact for all communications.

2. Contractor shall direct all event alerts to GAATN Network Management for general distribution.

3. With exception of the instances described in Paragraph F Response Time and

Emergency Notifications, the Contractor shall reply to all e-mail and voice mail communications by close of business the following business day and no later than 4:00pm CST/CDT.

H. Administrative Requirements:

1. Contractor shall communicate all maintenance work and other activity on infrastructure to the GAATN Network Manager.

2. Contractor shall attend weekly Austin Utility Location Coordination Committee Meetings

(AULCC) on behalf of GAATN as scheduled, and attend site visits as result of AULCC issues, while providing continuous correspondence with third party entities for each AULCC project for the duration of each project. This includes print generation, review and markup as necessary to protect GAATN plant.

3. Contractor will provide a direct interface with all applicable utilities and developers including but not limited to Austin Energy (AE), AT&T, PEC, Bluebonnet, Oncor, etc., to obtain permitting and conduct pole work in a timely manner.

4. Contractor shall participate in and support up to two (2) GAATN meetings per month (one Board and one Technical Committee per month). This may include attending the meeting, providing maps on pending work, giving presentations on proposed projects or other tasks as identified by the GAATN participants or the Network Manager.

5. All electronic design documents for GAATN are considered confidential under Texas Government Code Chapter 418 and must be transmitted over the Internet encrypted.

I. Design Requirements:

1. Contractor may provide engineering and design services to GAATN in order to coordinate construction, transfers, make ready requests and other such tasks as they pertain to the maintenance of the existing plant. The pricing for such design services shall be provided at Exhibit B prices. The Contractor shall provide a written proposal and preliminary work print to the GAATN Network Manager for written approval prior to providing these services.

J. Installation Requirements:

1. The Contractor shall provide all labor, materials, equipment, tools, utilities, and services necessary for the execution and completion of the installation of all network components specified herein.

2. The Contractor is responsible for obtaining all permits, notifying all agencies requiring advance notification, and complying with all regulations specified by all governing agencies having jurisdiction over the performance of the work. The Contractor shall coordinate with the GAATN Network Manager to ensure that any interference or interruptions of GAATN operations are anticipated and scheduled. Construction may be observed by the GAATN Network Manager or designee.

3. The installation of all equipment and cable for this Network shall only be performed by trained and experienced craft personnel. In particular, the placement of fiber optic cable shall be performed by crews experienced in work around energized utility power lines, and familiar with the common practices and procedures involved in this type of work.

4. All finished equipment installations are to be left in a neat and orderly condition. Only tools designed for each special task shall be used during the installation and alignment of the network components. Minimal disruption of landscaping will be required at all drop locations during the installation of cable.

K. Submittal Requirements:

1. Pre-installation:

i. Contractor shall submit Original Equipment Manufacturer (OEM) documentation to the GAATN Network Manager for each component proposed to be used by Contractor in performing work hereunder, which certifies performance characteristics. Contractor shall not purchase or install any equipment until OEM documentation has been received and approved by the GAATN Network Manager.

ii. Contractor shall submit product data sheets for all proposed system components to the GAATN Network Manager. Product data sheets shall include: an equipment schedule listing of all system components to be installed in the project and the manufacturer’s product reference and specification literature for all products to the utilized and/or installed in the project. Contractor shall not purchase or install any equipment until product data sheets have been received and approved by the GAATN Network Manager.

iii. Contractor shall submit shop drawings/design drawings of the proposed installation/layouts to the GAATN Network Manager. Shop drawings shall include but not be limited to; equipment pathways, ring configurations, rack layouts, wall elevations, system schematics and riser diagrams. These include detailed shop drawings submitted electronically at a scale of 24” x 36”.

Contractor shall not install any equipment until shop drawings have been received and approved by the GAATN Network Manager.

2. Post-installation: The following items may be requested by the GAATN Network Manager upon completion of any installations on the GAATN Network. The GAATN Network Manager may hold final payment approval until these items are received.

i. Contractor shall submit…