FIBER WIDE AREA NETWORK MAINTENACE RFP #TEFO16CS

P.O. BOX 218 LEANDER, TEXAS 78646 512/570-0613 fax 512/570-0607 Email cristy.soares@leanderisd.org PROPOSAL, SPECIFICATIONS, & PROPOSAL FORMS Request for Proposals For FIBER WIDE AREA NETWORK MAINTENACE RFP #TEFO16CS Bids are due: 2:00 P.M. February 16, 2016 Hand carry/express Mail: USPS Mail: Contact: Leander ISD Purchasing Department 1900 Cougar Country Drive Cedar Park, TX 78613 Leander ISD Purchasing Department P O Box 218 Leander, TX 78646 Cristy Soares 512/570-0613

TABLE OF CONTENTS Section 1: Invitation and Facts Section 2: General Instructions/Proposal Requirements Section 3: Contract Terms and Conditions Section 4: Specifications and Special Terms and Conditions Section 5: Attachments Page 2

Section 1 Invitation and Facts LEANDER INDEPENDENT SCHOOL DISTRICT 1.1.0 Invitation 1.1.1 Leander Independent School District (known herein as LISD or the District ), is accepting proposals for the Maintenance of the District s Wide Area Network Fiber Optic Cable Plant in accordance with the instructions, terms and conditions, and requirements/specifications contained in this solicitation. Vendors wishing to submit a proposal must be a Certified Telecommunications Utility (CTU), as defined by the Public Utility Commission (PUC), and have been authorized to provide basic local telecommunications services pursuant to a certificate of convenience and necessity (CCN), a certificate of operating authority (COA), or a service provider certificate of operating authority (SPCOA) issued by the PUC. In addition, vendors wishing to submit a proposal must have been granted Right-of-Way use pursuant to an executed agreement for Joint Use of Utility Poles with Perdenales Electric Cooperative, Inc. (PEC) and the City of Austin (Austin Energy). 1.2.0 District Facts and Statistics 1.2.1 LISD covers an area of approximately 200 square miles and is located in Williamson and Travis Counties. 1.2.2 The District currently operates 25 elementary schools with grades Pre-kindergarten through grade 5; 8 middle schools with grades 6, 7, and 8; and 5 high schools with grades 9, 10, 11, and 12 and 2 alternative educational facility. LISD has approximately 10 auxiliary support and athletic facilities as well. LISD will open high school #6 in the Fall of 2016. 1.2.3 A map of the District is available at the following District website address: www.leanderisd.org, under Popular Links, go to Maps. 1.3.0 Fiber Optic Cable Outside Plant Details 1.3.1 LISD owns and operates approximately one hundred and twenty (120) miles of Corning Metrocor and Standard Single Mode Fiber Optic Cable (FOC) to support the District s private network. The FOC is designed in a multi-ring physical topology and connects all facilities within the District. 1.3.2 The FOC is constructed within public and private Right-of-Way. Grande Communications, for the benefit of LISD, currently provides the construction, operation and maintenance of the FOC through agreements by the owners of the Right-of-Way. Section 2: General Instructions/ Proposal Requirements 2.1.0 Proposals Instructions 2.1.1 Proposals are to be returned in a sealed envelope marked on the outside Fiber Wide Area Network Maintenance, RFP# TEFO16CS. There will be no public opening of the RFP. 2.1.2 All Proposals may be submitted until 2:00 P.M. local time on February 16, 2016. 2.1.3 Proposals must be returned to the following address in sufficient time so as to be received and time stamped on or before the time and date shown on this Solicitation: Hand Delivered - Leander ISD, Purchasing Department 1900 Cougar Country Dr. Cedar Park, Texas 78613. Mailed: Leander ISD, Purchasing Department, PO Box 218, Leander, Texas 78646. 2.1.4 Proposals will not be considered received unless the Proposal is physically received within the Purchasing Office at the address listed above prior to Proposal opening. 2.1.5 Late Solicitation Responses will not be considered under any circumstances. 2.1.6 All proposers must submit separate prices on each item being proposed, if applicable. 2.1.7 It is the sole responsibility of the Proposer to ensure his offer is received in the Purchasing Department. No excuses are acceptable. NO LATE PROPOSALS, EMAILED, OR FAXED PROPOSALS WILL BE ACCEPTED. 2.1.8 Proposal Responses must contain all forms See Attachments in Section 4 in its entirety. Page 3

2.1.9 Proposals submitted are encouraged to be in type-written or in print format. Due to high volume of responses, any illegible proposals may be rejected. The District shall be the sole judge of acceptable Proposal Responses. 2.1.10 Deviations/Non-Collusion Statement and exceptions to requirements: See Attachment. Each and every deviation from the General Conditions, and/or Specifications must be listed on the Deviation Attachment when submitting the proposal. 2.2.0 Questions/ Interpretation of Bidding Documents 2.2.1 LISD shall be sole interpreter of the General Conditions, Scope of Services, Contract Specifications, and the Performance Requirements contained herein. 2.2.2 Any explanation desired by a Proposer regarding the meaning or interpretation of this Solicitation, or any forms included herein, must be requested in writing at least 5 business days prior to the date for receipt of proposals to the Buyer identified on the face of this Solicitation with sufficient time allowed for a reply to reach Prospers before the submission of a Proposal. Phone calls will not be considered. 2.2.3 All answers to the submitted questions will be listed on the LISD website in the form of an addendum for all bidder applicants to view the questions and answers. No Addenda will be issued later than three (3) days prior to the due date for bid submissions. 2.2.4 Each bidder shall return a signed copy of the Addenda with their bid submission. Failure of a bidder to receive any such Addenda shall not relieve the bidder from any obligation under its bid as submitted. All Addenda so issued shall become a part of the Contract Documents. 2.2.5 Oral explanations or instructions given before the award of the contract are not binding. 2.2.6 Any interpretations, corrections or changes of or to the Bid Documents made in any other manner will not be binding upon the District, and bidders may not rely thereon. 2.2.7 No contact shall be made with the District requester unless specifically authorized by the Buyer. Failure to comply with this requirement may be grounds for rejection of Solicitation Response. 2.3.0 Evaluation 2.3.1 This is a negotiated procurement, and as such, the District reserves the right to negotiate any terms, conditions, or pricing with a Proposer prior to an award. 2.3.2 LISD reserves the right to award the Contract(s) to the Proposer(s) offering the best value, and not necessarily to the Proposer(s) offering the lowest price. 2.3.3 The following criteria, but not limited to, will be considered in evaluation. NOTE: Order does not represent priority. (1) the purchase price; (2) the reputation of the vendor and of the vendor's goods or services; (3) the quality of the vendor's goods or services; (4) the extent to which the goods or services meet the district's needs; (5) the vendor's past relationship with the district; (6) the impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses; (7) the total long-term cost to the district to acquire the vendor's goods or services; (8) the vendor s principal place of business is in this state, or employees at least 500 persons in this state; (9) any relevant factor specifically listed in the request for proposal. (10) the vendor s financial stability. 2.3.4 The District reserves the right to accept or reject any or all offers, to waive all technicalities, and to accept the proposal or proposals that are determined to be the most favorable to the District. Page 4

Page 5 LEANDER INDEPENDENT SCHOOL DISTRICT 2.4.0 Award 2.4.1 Successful proposers will be notified by an award notification letter. 2.4.2 Awarded vendors may be required to submit a conflict of interest disclosure form online to the Texas Ethics Commission in compliance with HB1295. 2.5.0 Warranty, Operation & Maintenance Data 2.5.1 Warranty, Operation and Maintenance requirements are specified in Section 4 herein. Section 3: Contract Terms and Conditions 3.1.0 Contract Terms 3.1.1 Term of Contract: Contracts created by this solicitation shall be in effect for ten (10) years. Upon agreement of both parties, the contract may be extended in one (1) year increments for up to an additional ten (10) years. 3.1.2 Purchase Methods/Quotes It is anticipated that the Information Technology Department will use the following methods: Purchase Order and Quotes to purchase through the Contract. 3.1.3 Invoicing and Payment Contractor shall submit invoices, in duplicate. Invoices shall indicate the purchase order number, shall be itemized. 3.1.4 Contractor shall not include Federal Excise, State or City Sales Tax. LISD shall furnish tax exemption certificate, if required. 3.1.5 LISD agrees to pay supplier no later than thirty (30) days after receipt of uncontested invoices for the receipt of all supplies, aids or equipment, or the day on which services were completed, or the day on which the invoice was received, whichever is later. 3.1.6 LISD agrees to notify supplier of error or contested invoice. LISD and supplier hereby agree to mutually resolve disputed invoices, if at all possible, within sixty (60) days of receipt of notice of dispute. 3.1.7 The District s obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered, but unpaid goods will be returned to the Contractor by the District. 3.1.8 Final Acceptance and Payment: Upon completion of the work in full and strict conformity to the contract documents and its final acceptance by the LISD Project Manager, LISD shall pay the balance of the contract price less any sum that may be necessary to settle any claim LISD may have against contractor or that may be necessary to settle any outstanding obligations of contractor or of his subcontractors arising out of or incident to the performance of the contract. 3.1.9 LISD will not be liable for any work done that has not been pre-authorized and issued a purchase order number. 3.2.0 Indemnification 3.2.1 Contractor shall indemnify, defend and hold harmless the District, its officers, agents and employees, from and against any and all loss, cost, damage, expense and claims, including attorney s fees and liability of any kind for any acts or omission of Contractor, its officers, agents or employees, in performance of contract, so long as the sole negligence of the District is not the cause of the loss, claim, damage expense or cost. 3.3.0 Insurance Requirements 3.3.1 Each proposer should run the following insurance requirements, waivers of subrogation language and indemnity language past his/her insurance underwriters for the purpose of identifying any requirements that may impose a hardship on the Contractor. Such hardships should be listed in the proposal and can be considered as LISD evaluates the proposals. Any hardships can be discussed and negotiated with the bidder before the final proposer is selected. The Contractor shall take out and maintain, at its expense, until termination of the contract, at least the following insurance, with the insurance company to be approved by LISD:

TYPE OF COVERAGE Project Cost $0 - $100,000 $100,000 - $500,000 Commercial General Liability BI & PD each occurrence $100,000 $500,000 BI & PD general aggregate $500,000 $500,000 Medical Expenses $5,000 $5,000 Personal & Adv Injury $100,000 $300,000 Products & Completed Operations $100,000 $300,000 Commercial Auto Liability - $500,000 $1,000,000 Comb Single Limits Workers Compensation Statutory Limits Statutory Limits Excess/Umbrella Liability $500,000 $500,000 "Contractor represents that he/she is not an employee of the district and that he/she has or will follow Texas statutory guidelines regarding workers compensation" The contractor shall cause the insurance company to submit to LISD evidence of the coverage outlined above before any work is started, and shall continue to submit copies of insurance renewals while the contract is in force. The Certificate of Insurance shall provide that coverage shall not be canceled or altered without first providing LISD with thirty- (30) day s prior written notice. The Contractor shall require all subcontractors performing any work to maintain coverage as specified herein. Certificates are to be provided directly to: Leander Independent School District, Purchasing Dept, and P.O. Box 218, Leander, TX 78646-0218. 3.4.0 Non-Appropriation 3.4.1 Availability of Funds: The award of this contract is dependent on the availability of funding. In the event funds do not become available, the contract may be terminated, or the scope amended. There shall be no penalty or removal charges incurred by the District. 3.5.0 Termination 3.5.1 Termination for Convenience: This contract may be terminated by either LISD or the Contractor upon thirty (30) days written notice in the event of substantial failure of the other party to perform in accordance with the terms of this agreement. (Ownership of productany product or materials paid for by the District shall become the property of the District in the case of early termination) 3.5.2 Termination for Cause: If at any time, Vendor fails to fulfill or abide by the terms and conditions or specifications of this Agreement, LISD reserves the right, at its sole discretion, to do one or more of the following, as allowed by law: Purchase the goods or services on the open market and charge the Vendor the difference between the Agreement price and actual purchase price; deduct any charges, losses or damages for non-performance or defective performance from existing or future invoice amounts due to Vendor; terminate this Agreement upon thirty(30) days of written notification to Vendor and remove Vendor from the active proposal file for a period of time not less than one (1) year; terminate this Agreement upon thirty (30) days of written notification and repropose the goods or services; terminate this Agreement upon thirty (30) days of written notification and award to next lower responsible bidder/offeror. Page 6

3.6.0 Assignment: 3.6.1 No right or interest in this contract shall be assigned or delegation of any obligation made by the contractor without the written permission of the District. 3.7.0 Governing Law 3.7.1 Both parties agree that venue for any litigation arising from this contract shall lie in Leander, Williamson County, Texas 3.7.2 This contract shall be governed by the laws of the State of Texas, Williamson County and the Uniform Commercial Code. The Uniform Commercial Code shall govern this agreement. Wherever the Uniform Commercial Code is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas effective and in force on the date of this agreement. 3.7.3 This contract is governed locally by the International Building Code as it applies. 3.8.0 Release of Liability 3.8.1 LISD and the Vendor agree that LISD has no liability for injury or other claims brought by the Vendor arising in any way whatsoever from the provision of Services. The Vendor must take all precautions necessary for the safety of and prevention of damage to LISD property and for the safety of and prevention of injury to persons, including LISD employees and students. All work must be performed entirely at the Vendor's risk. LISD has no liability for any damages or injuries the Vendor may sustain in the course of providing Services herein described, except as required by law. 3.9.0 Force Majeure 3.9.1 No party shall have any liability to another in the event of the cancellation of the Services if such cancellation is caused by or due to the acts or regulations of public authorities, labor difficulties, civil tumult, terrorist attack, strike, epidemic, interruption or delay of transportation service or any other cause beyond the reasonable control of a party. In the event of a cancellation for force majeure, the parties will attempt to reschedule the Services, or if rescheduling is not feasible or desirable, a refund will be issued for any paid Fee with respect to the canceled engagement. 3.10.0 Notification of Criminal History of Contractor (a) A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity as been convicted of a felony. (b) A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." 3.11.0 Conflict of Interest 3.11.1 DISCLOSURE OF CERTAIN RELATIONSHIPS WITH LOCAL GOVERNMENT OFFICIALS Local Government Officials are the Superintendent, Board Members or any agent/employee of the District who exercises discretion in the planning, recommending, selection or contracting of a vendor. Any individual or business entity that contracts or seeks to contract for the sale or purchase of property, goods, or services with Leander ISD must file a Conflict of Interest Questionnaire with the LISD Purchasing Office in accordance with Texas Local Government Code Chapter 176, no later than the 7th business day after the recipient becomes aware of facts that require filing. Page 7

Disclosure is required if: The person has an employment or other business relationship with the local government officer or a family member resulting in the officer or family member receiving taxable income more than $2,500; or The person has given the local government officer or family member one or more gifts (excluding food, lodging, transportation, and entertainment) that have an aggregate value of more than $100 in the twelve month period preceding the date the officer becomes aware of an executed contract or consideration of the person for contract to do business with the district; or The person has a family relationship with a local government officer that is either 3 rd degree of consanguinity (blood) or 2nd degree affinity (marriage). The local government officer holds an ownership interest of 1% or more in the vendor's business. This requirement applies to a person who is an agent of a Vendor in the Vendor's business with the District. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. If a school district learns that Vendor didn't properly disclose, the district can terminate the contract with that vendor. 3.11.2 The Conflict of Interest Questionnaire may be printed from the LISD website at http://www.leanderisd.org/default.aspx?name=purch.vendor under District and School Information, Purchasing Department. 3.11.3 Forms, failure penalties and additional information are posted at The Texas Ethics Commission s website at https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm 3.11.4 Disclosure of LISD employee status: All bidders must disclose the name of any LISD employee who owns, directly or indirectly, an interest in the Bidder s firm or any of its branches. Failure to provide such information may be grounds for disqualification of the bid or cancellation of a contract resulting from this solicitation. Purchase of services or equipment from a business owned in whole or in part by a District employee shall be permitted only when approved by the Chief Financial Officer and executed through a documented competitive process. Services that might be provided by the employee as an extension of the employee s regular job responsibilities are prohibited from consideration. 3.12.0 Interlocal Agreements with other School Districts through the Central Texas Purchasing Alliance A. Membership. Leander ISD is a member in good standing of the Central Texas Purchasing Alliance (CTPA / http://txctpa.org ), an alliance of over 40 school districts in Texas representing over a million students, sharing information, services and contractual opportunities. CTPA is an alliance created in accordance with Section 791.001 of the Texas Government Code through interlocal agreements. B. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made by Leander ISD may be adopted by other active CTPA member districts. By adopting a contract from another CTPA member district, the adopting district has met the competitive bidding requirements established by the Texas Education Code, Section 44.031(a)(4) and as required by the adopting district s policies. There is no obligation on either party to participate unless both parties agree. The goods and services provided under the contract will be at the same or better contract pricing and purchasing terms established by the originating district. Page 8

Page 9 LEANDER INDEPENDENT SCHOOL DISTRICT C. Adopted Contract Management. The adopting district shall be responsible for the management of the new contract and all payments to the contracted vendor. The originating district shall have no responsibilities under the new contract agreement. Section 4: Special Instructions, Specifications and Special Terms and Conditions 4.1.0 Special Instructions 4.1.1 In addition to other requirements in this RFP, the Proposer shall: (1) Provide one (1) clearly identified original of the Proposal response in hard copy and one (1) copy of the original Proposal in electronic format. (2) Provide the last five (5) years of prepared financial statements. (3) Complete and submit the Cost Form in Section 5. It is the Proposer's responsibility to specify all costs, including but not limited to: materials, labor, project management, shipping, travel, etc. Proposer is responsible for any calculations, formulae, crossreferences, extended prices, verifications, etc. Cost must be firm-fixed price and must be in United States Dollars (US$). (4) Clearly identify: any special conditions of sale or cost considerations relative to the combination or independent procurement action that may occur from this RFP or relative to any requirement of this RFP; any exceptions to this RFP; any proposed agreement(s); and any Value Added Offerings. 4.2.0 Specifications This section includes specifications for the Maintenance of the Wide Area Network Fiber Optic Cable Plant. Specifications in this section are minimum requirements. All services performed under this section must adhere to the District s Standards for the Wide Area Network Fiber Optic Cable Plant. 4.2.1 Emergency Restoration Services Including the Following: (1) Emergency replacement and restoration of aerial cable plant, underground cable plant (if applicable), termination and/or splicing, and testing of damaged plant. (2) Twenty-four (24) hour a day, seven (7) day a week on call coverage. (3) Two (2) hour onsite response time to all call-outs. (4) Immediate repairs to damaged plant (permanent or temporary). (a) If temporary repairs are performed on an emergency basis to restore service, permanent repairs shall be performed within three (3) working days (Saturdays, Sundays and national holidays excluded) from the time of the emergency restoral. Permanent repairs which require downtime to network electronic components will be scheduled with the District s Representative based on the affected network components. (5) Two (2) bucket trucks, one (1) trencher, cable lashing machine, fusion splicing trailer, and OTDR test equipment must be maintained on stand-by for two (2) hour response. (6) Storage of spare cable, poles, anchors, splice cases, manholes, conduit, etc. shall be at Contractor-owned warehouse location for pick-up by restoration crews. Timely restoration services are contingent upon availability and access to warehouse facilities where materials are stored. (7) Contractor will be required to maintain the color coding scheme developed by the District for the FOC. (8) All materials required for restoration activities (fiber optic cable, strand, pole hardware, lashing wire, consumable kits for splicing, etc.) will be provided by the Contractor. 4.2.2 Routine/Preventative Maintenance Including the Following: (1) Ongoing maintenance services of a routine nature for activities which are not of an emergency nature but must be performed on an ongoing basis throughout the term of the contract. Such activities are the usual result of other activities by other entities; i.e., pole change-outs, rotten pole replacements, relocation of pole lines due to road widening, weather related minor damage to pole-line plant, vandalism, etc. (2) Ongoing maintenance activities may be scheduled within normal working hours, Monday through Friday.

(3) A Fiber Cable Patrol shall be provided with responsibilities of driving the District s fiber route in its entirety as scheduled by the District s Representative (once or twice per year). Such patrols shall make visual observations of each fiber route in order to observe, document and make recommendations for areas of the plant which require routine maintenance activities such as those described above or to correct plant which does not meet the District s Standards and to identify areas where tree trimming is needed to protect the integrity of the fiber plant. 4.2.3 Moves, Adds and Changes (1) As each work site is identified by the District, Contractor will visit the site to determine the scope of the project and to prepare a site survey that includes: (a) Path determination for main rings, sub rings, spur construction and entrance facilities. (b) Preliminary detail on main rings, sub rings or spur construction necessary to connect into the nearest access point. (c) Identification of potential make-ready work involving applicable utilities. (d) Permitting requirements (OneCall/Texas Excavating Safety System, traffic control, road closures, etc.). (e) Any other items required to develop a preliminary work plan for quotation purposes. (3) Provide all necessary material per the District s Standards for the Wide Area Network Fiber Optic Cable Plant. (4) Provide necessary inventory control and warehousing space to stockpile equipment and other material items as needed. (5) Prepare preliminary work print in an MS Excel Worksheet format. (6) Present quotation and preliminary work print(s) back to the District s Representative for review and approval. (7) Upon receiving notification to proceed from the District s Representative, order material, finalize work print(s), obtain/verify all necessary permits and begin preliminary placing operations. (8) Build main ring, sub ring or spurs additions (as applicable), terminate and label fiber, place jumpers on all fibers where applicable. (9) Notify District s Representative before opening splices and after completion to verify that rings are properly back in service (out of wrap). (10) Perform bi-directional OTDR (Optical Time Division Reflectometer) and power meter tests through new fibers from both directional nodes. (11) Ensure that all fibers meet or exceed the District s Standards. (12) Promptly provide copies of all testing results to the District s Representative. (13) Create as-built document(s) from the work print(s) and provide an electronic copy to the District s Representative and as further defined herein. (14) Re-test and/or troubleshoot any suspect connector or fiber identified by the District s Representative. Make any necessary corrections and provide updated documentation. (15) Warranty (a) The Contractor warrants the materials, workmanship and work to be in conformance with the Specifications included in this section for a period of one year from the date of completion of the work. (b) The Warranty binds the Contractor to correct any work that does not conform to such Specifications or any defects in workmanship or materials furnished which may be discovered within the one year period. (c) The Contractor shall, at its own expense, correct such defect after receiving notice from the District by repairing same to the condition called for in the Specifications. (d) The warranty shall cover parts, labor, travel and all other expenses. (e) Warranty service shall be on a 24-hour/day, 365-day/year basis with an onsite response time not to exceed two (2) hours. The proposer shall certify that its proposed service facility shall initiate, within two (2) hours, repair to any critical system product that fails while under warranty. (f) Service Under Warranty Page 10

Page 11 LEANDER INDEPENDENT SCHOOL DISTRICT (i) If it becomes necessary for the District to contract out for warranty repairs, due to an inability or failure of the Contractor to perform such repairs, the Contractor shall reimburse the District for all invoices for parts, labor, materials, travel, per-diem, consulting fees and all other related expenses such as shipping/handling costs to perform such repairs, within 30 days from presentation of an invoice from the District. This shall only occur after the Contractor has been given reasonable time and fair opportunity to respond and correct the problem. The cost limitation for such repairs will not exceed the actual costs as listed above which are directly related to the repair. 4.2.4 As-Built Drawings (1) During the performance of work under this Contract, the Contractor shall record and delineate accurately all changes which constitute departures from the original As-Built Drawings. The set of Drawings thus corrected and changed shall show the work as actually constructed. Such changes to the As-Built Drawings shall be delivered to the District s Representative within three (3) business days following the work. The As-Built Drawings shall show sufficient detail to convey the following information: (a) Locations of all poles, fiber splices, splice boxes or access points, and slack points; and (b) Physical dimensions, relation to existing conditions, and horizontal and vertical location of all underground or hidden installations (if applicable). 4.2.5 Material and Workmanship (1) The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, fuel, transportation, and other facilities necessary for the execution and completion of the work under the Specifications. (2) Unless otherwise specifically provided in this Specification, all equipment, material, and articles incorporated in the work are to be new and of the most suitable grade for the purpose intended. (3) All work shall be performed in a skillful and workmanlike manner. The Contractor agrees to employ only orderly and competent employees, skillful in the performance of the type of work required under this contract; and agrees that whenever informed by the District in writing that any employee(s) on the work is(are), in its opinion, incompetent, unfaithful or disorderly, shall be discharged from the work and shall not again be employed on the work without the District s written consent. 4.2.6 Subcontractors (1) The Contractor shall bind each Subcontractor by written subcontract to all the obligations of the Contract Documents in respect to the sublet work which are favorable to the District. The Contractor shall not write any subcontract at variance with the conditions of the Contract Documents and the provisions of the Contract Documents shall be incorporated in any subcontract agreement. (2) Nothing contained in the Contract Documents shall create any contractual relationship between the District or any of its member agencies and any Subcontractor nor any obligation on the part of the District or its member agencies to pay, or to see to the payment of any sums to any Subcontractor. (3) The Contractor agrees to be fully responsible to the District for the acts and omissions of all Subcontractors and/or persons either directly or indirectly employed by the Contractor. (4) The District reserves the right to disapprove, with reasonable cause, any Subcontractor or its employee. In the event of disapproval, the Contractor has the sole responsibility to provide competent Subcontractors that are acceptable to the District. 4.2.7 Other Terms and Conditions (1) All fiber maintenance activities shall comply with the District s Standards. (2) On-Call Telephone Number and Escalation List (a) Contractor shall provide a toll free telephone number which is answered twenty four (24) hours per day, seven (7) days per week for reporting of problems with the District s Wide Area Network Fiber Optic Cable Plant.

(b) Contractor shall provide an escalation list to be used by the District s Representative to escalate problems within the Contractor's organization when it is deemed that the Contractor's responsiveness to a reported problem has not been adequate or in accordance with the terms and conditions of this RFP. Escalation must be available to the senior levels of management within the Contractor's organization. 4.3.0 Special Terms and Conditions 4.3.1 Prior to award, any selected vendor must successfully negotiate a Right-to-Use agreement with Grande Communications allowing for access to any facilities within the Right-of-Way (for example poles, messenger wires, pole attachments, ducts, etc.), that are controlled and operated by Grande Communications, for the performance of any duties in a resulting contract from this solicitation. Section 5: Attachments A. Vendor Profile B. Offer Form & General Conditions C. Deviation & Non-Collusion Statement D. Contractor Certification E. Conflict of Interest F. Cost Form Page 12

Page 13 LEANDER INDEPENDENT SCHOOL DISTRICT Attachment A: Vendor Profile CompanyName: DBA: CompanyAddress: City: State: Zip: Company Website Email Address Organization Type: Sole Owner Corporation S-Corp. Partnership Other List the telephone numbers to: Placeorders Fax#: Persontocontact: Title: Area(s) of Procurement for which the company is requesting consideration: Is your company a member of any Purchasing Cooperatives? (Ex. Buy Board, TCPN, etc) Yes No If yes, please list your company s purchasing cooperative affiliations: Are you a sole source vendor for the procurement areas you listed? Yes No If yes, please provide a letter listing the commodities you are sole source for to the Purchasing Department for approval. Does your company accept Master Card? Yes No Is any company employee, either full or part time, owner, official, stockholder, subcontractor, or member of their immediate family, a member of the Board of Trustees or an employee of the Leander Independent School District? yes no. If yes please disclose names:. Corporate / Local contact for this proposal: Corporate Name: Address: City: State Zip Phone: Fax: Email: Local Name: Address: City: State Zip Phone: Fax: Email: Please attach following information: Number of Years In Business: References: Please list three (3) Texas school districts, with contact names, phone numbers, and address of comparable size, for which you have performed services similar to this RFP in the past three years. District/Company Name: Address: Contact Person: Contact Phone: District/Company Name: Address: Contact Person: Contact Phone: District/Company Name: Address: Contact Person: Contact Phone:

Attachment B: Offer Form & General Conditions I have received the General Conditions and all forms for Maintenance of Fiber Optic Cable Outside Plant as prepared by Leander Independent School District. I have examined the General Conditions and submit the following proposal. If I have deviated from the original General Conditions set forth by Leander Independent School District, I have specified such deviations in the attached Deviation Form See Attachment. LISD reserves the right to use several companies in order to meet the needs of our growing District. Our goal is to maintain LISD facilities to optimum operation and reduce down time of such equipment in the event of any level of operation failure. I agree: 1. To hold my proposal open for 90 days after the proposal date for review of proposal; 2. That if selected for any part or all of the proposal, I will in good faith enter into negotiations of a final Contract. 3. That the term of the contract will be for ten (10) years with the option for up to ten (10) one-year extensions. 4. That payment(s) will only be made from an invoice. Payment will not be made from a statement. A purchase order number must appear on all invoices. 5. That the General Conditions, Public Notice, instruction, representations, written notices and/or agreements made in conferences concerning this solicitation are part of this contract as if they were attached, or therein repeated. 6. Leander ISD can terminate this contract in 30 days with written notice. Signed LISD Proposal Documents - Attachments A-F Insurance Certificate or Letter of Insurability CompanyName: AuthorizedRepresentative (Print Name) Authorized Representative: Title: (Signature) Page 14

Attachment C: Deviation and Non-Collusion Statement Deviations to Terms and Conditions: In the event the undersigned bidder intends to deviate from the general terms, conditions, or specifications contrary to those listed in the Terms and Conditions and other information attached hereto, all such deviations must be listed on Below, with complete and detailed conditions and information also being attached (attach additional pages as necessary. Deviations to Specifications: Vendors must list all specifications for item(s) proposed that differ from any specifications/brands listed in proposal. LISD will be the sole judge to determine if deviations are acceptable in meeting the needs of LISD and participating members. Non-Collusion Statement The undersigned affirms that they are duly authorized to execute this contract, that this Initial company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Proposer, and that the contents of this proposal as to prices, term or conditions of said proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal. Suspension and Debarment Statement Non-Federal entities are prohibited from contracting with or making sub-awards under Initial covered transaction to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement of goods or services equal to or in excess of $100,000. Contractors receiving individual awards of $100,000 or more and all sub recipients must certify that the organizations and its principals are not suspended or debarred. The undersigned affirms that no suspension or debarment is in place, which would preclude receiving a federally funded contract under the Federal OMB, A-102, Common Rule. Our bid is submitted according to: deviations as listed above OR DATE: no deviations CompanyName: AuthorizedRepresentative (Print Name) Authorized Representative: Title: (Signature) Page 15

Leander Independent School District Attachment D: Contractor Certification Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history and fingerprinting record information regarding covered employees. Contractors must certify with the District that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the district, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. Direct contact: The contact that results from activities that provide substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional district employee. On behalf of ( Contractor ), I certify that [check one]: [ ] None of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. Or [ ] Some or all of the employees of Contractor and subcontractor are covered employees. If this box is checked, I further certify that: Page 16

(1) Contractor has obtained all required criminal history and fingerprinting record information, through the Texas Department of Public Safety, regarding its covered employees. None of the covered employees has a disqualifying criminal history. (2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within 3 business days. (3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the district may obtain criminal history record information on the covered employees (4) If the district objects to the assignment of a covered employee on the basis of the covered employee s criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the District. (5) All covered employees hired after January 1, 2008, have completed the fingerprinting process prior to performing any duties related to the District or having any direct contact with students. Non-compliance by Contractor with this certification may be grounds for contract termination. Contractor Signature Date Page 17

Attachment E: Conflict of Interest 11 Page 18

Attachment F: Cost Form Complete the Cost Form below. It is the Proposer's responsibility to specify all costs, including but not limited to: materials, labor, project management, shipping, travel, etc. Proposer is responsible for any calculations, formulae, cross-references, extended prices, verifications, etc. Cost must be firm-fixed price and must be in United States Dollars (US$). Annualized Cost Enter the cost per year and the total for the ten (10) year term of the Contract. Years 1-10: Total 10 year cost: $ annually. $ Page 19