8-AISDP 0001 - ACCESS TO AISD PROPERTY.pdf

Index No.

Page No.

Issue No.

Access to Amarillo Independent School District (AISD) Property

AISDP-0001

1. ACCESS TO AISD PROPERTY

(a) Personnel Access. All personnel of the Vendor and its subcontractors who require access to the premises of any AISD property in performance of work under this Agreement will be subject to the safety and security controls set by these terms. Unless otherwise expressly provided in this Agreement, all Vendor personnel engaged in the performance of work under this Agreement on the premises of AISD property, must undergo a background check as prescribed in Texas Education Code Chapter 22 and AISD’s CJA Legal Policy (see policy at the following link: https://pol.tasb.org/Policy/Code/1004?filter=CJA) regarding its “covered employees”. It is the responsibility of the Vendor to ensure any individuals employed or subcontracted under this agreement meet the requirements to work on AISD property as described in Texas Education Code Chapter 22 and AISD’s CJA Legal Policy.

(1) If Vendor is required by Chapter 22 and AISD’s CJA Legal Policy to obtain the information from the Fingerprint-based Applicant Clearinghouse of Texas (FACT), or if the vendor will be on AISD Property without an authorized AISD Employee Escort, then Vendor will be required to allow the District to subscribe to that person’s criminal history record information for as long as the person is employed by Vendor or work is being executed by the Vendor. Before beginning any Work on the Project, Vendor will provide AISD written certification, on a form provided by AISD (Exhibit A), to AISD that Vendor has complied with the statutory requirements as of that date and vendor shall follow the procedure to allow all their employees and subcontracted employees to be background checked as outlined in Exhibit E. Vendor shall assume all expenses associated with obtaining criminal history record information through the FACT system. Vendor shall also be responsible to ensure all subcontractors comply with the same requirements.

Vendor shall have the following two options for employees of subcontractors.

a. Vendor shall provide AISD written certification from all subcontractors, on a form provided by AISD (Exhibit A), that Vendor’s subcontractors have complied with the statutory requirements as of that date and have performed background checks through the FACT system. Or,

b. Vendor shall coordinate running background checks of all employees of subcontractors through the District’s background check FACT account and be responsible for those results

Should AISD rule that a Vendor or Vendor’s subcontractor has certified incorrectly, a new Certification will be signed and returned to AISD and all provisions related to Chapter 22 and CJA Legal shall be followed.

(2) The vendor shall utilize AISD’s background check system with FACT. The procedure and required forms can be seen in Exhibit E.

(b) Acceptance of Personnel. Vendor shall withdraw and replace any individual, including Vendor or subcontractor employee assigned to work hereunder who, in the judgment of AISD, is not qualified or desirable for such purpose. Requests for withdrawal or replacement may include, but are not limited to:

https://pol.tasb.org/Policy/Code/1004?filter=CJA

Issue No.

Access to Amarillo Independent School District (AISD) Property

AISDP-0001

(1) Inappropriate behavior towards students, staff or the public.

(2) Security concerns towards, students, staff or the public.

(3) Safety concerns in performance of work, or towards, students, staff or the public.

(4) Violating AISD’s Conduct on School Premises policy

(5) Damage to AISD property with or without notification

(6) Any unlawful acts while on AISD property

(7) All Vendor personnel may be removed if Vendor has not submitted adequate proof of required insurance coverage. See Section 7 for more information.

2. CONDUCT OF VENDOR WHILE ON AISD PROPERTY

(a) The following personnel standards shall apply to all Vendor’s personnel assigned to AISD premises. The Vendor shall employ only orderly and competent workers, skilled in the performance of the services. The Vendor, its employees, subcontractors, and subcontractor’s employees may not use or possess any firearms, alcoholic or other intoxicating beverages, tobacco, products, illegal drugs or controlled substances while on the job or on AISD’s property, nor may such workers be intoxicated, or under the influence of alcohol or drugs on the project. See Board Policy GKA regarding conduct on school premises at the following link: https://pol.tasb.org/Policy/Code/1004?filter=GKA. The use of profanity on school property will not be tolerated.

(b) Contractor’s personnel assigned to the project should present a positive appearance that reflects good personal grooming habits.

(c) All personnel of Vendor and its subcontractors must comply with lockdowns, lockouts, fire drills or any other emergency situation as directed by the Principal of the school, or designated person of the site at which work is being performed. Definitions and required actions for these events are below:

(1) Lock Out - No one can leave or enter the school. You are free to walk in the hallways of a school but cannot exit the school until the Public Announcement has lifted the Lock Out. Any workers outside the building must be instructed to go to the construction trailer until the Lock Out has been lifted.

(2) Lock Down - You are no longer free to walk in the hallway. You must be in a room behind a closed door. No workers are allowed to be working on the exterior of the property. Any workers outside the building must be instructed to go to the construction trailer until the Lock Out has been lifted.

(3) Fire Drills - All personnel must exit the building during a Fire Drill.

(d) Unless prior arrangements have been made with AISD, there will be no use of student restrooms under any circumstance. All personnel of vendor and its subcontractors shall never enter a student restroom. The only time this provision may be waived, is in the event the restroom has been closed to the student population. Otherwise, Vendor’s personnel is only permitted to use a restroom designated for staff. It will be the responsibility of the vendor to check with campus or district staff to identify the difference between student and staff restroom at that campus.

https://pol.tasb.org/Policy/Code/1004?filter=GKA

Issue No.

Access to Amarillo Independent School District (AISD) Property

AISDP-0001

(e) Unless prior arrangements have been made with AISD do not use AISD equipment, cleaning supplies, dumpsters or neighboring dumpsters for trash created in performance of this agreement. The only exception to this will be using AISD fire extinguishers and an automated external defibrillator (“AED”) in the event of an emergency.

(f) No radios, “jam boxes”, cell phone music, ear buds etc. will be allowed onsite while performing services. This does not include radio/walkie-talkies used for communication purposes only.

(g) Personnel of Vendor and its subcontractors are to have no contact with students.

(1) When required by AISD, Vendor shall develop a Security Plan that will specify policies and procedures to limit all personnel of Vendor and its subcontractors’ contact with students.

(2) If a Security Plan is required by AISD, Vendor shall train all personnel of Vendor and subcontractors on its security plan and provide a list of all employees that will be onsite with acknowledgement they have gone through Vendor’s training.

(h) Personnel of Vendor and its subcontractors, are required to wear a badge at all times. See Section 5 below for further details.

(i) Personnel of Vendor and its subcontractors, may not enter any Secure Testing Storage Room, as designated with a red sign, at any time.

(j) No work creating a disturbance shall be allowed to be performed on State testing or make-up days. A copy of the school calendar can be found at the AISD website, www.amaisd.org.

(k) AISD may stop work or require adjustments to work schedules for any AISD event deemed necessary.

(l) Unless prior arrangements have been made with AISD, Vendor should provide all equipment in performance of their work. AISD will not allow Vendor to operate AISD-owned equipment.

3. SAFETY

(a) The Vendor shall be responsible for initiating, maintaining and supervising all safety precautions and related programs in connection with the project. Vendor will comply with all applicable federal, state, and local drug and alcohol related laws and regulations (e.g., Department of Transportation regulations, Department of Defense Drug-Free Workforce Policy, Drug-Free Workplace Act of 1988, OSHA requirements, MSDS requirements, etc.).

(b) The safety of building and site occupants, Personnel of Vendor and subcontractors shall be monitored by Vendor at all times.

(c) It is the responsibility of the Vendor to implement their safety protocols and comply with all safety requirements (OSHA requirements, MSDS requirements, etc.) at all times.

(d) The Vendor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to all personnel and individuals on AISD’s premises who may be affected by the work, all materials and equipment (whether in storage on or off the site, under the care, custody or control of the Vendor or any subcontractors), and other property at the site or adjacent thereto, including but not limited to other buildings, fencing, trees, shrubs, lawns, walks, athletic fields, facilities and tracks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of the work.

http://www.amaisd.org/

Issue No.

Access to Amarillo Independent School District (AISD) Property

AISDP-0001

(e) It is the responsibility of the Vendor to implement their safety protocol in the event of an emergency with their own personnel or subcontractor’s personnel.

(f) In the event of an emergency during normal school hours, Vendor must immediately seek emergency assistance by contacting 911, and then as soon as safe to do so, the Principal or AISD designee.

(g) In the event of an emergency after normal school hours Vendor must immediately seek emergency assistance by contacting 911, and then contact AISD’s 24-hour emergency number, (806) 678-0186, to notify the District.

(h) Fire protection – Fire extinguishers are available in buildings for emergency use. Vendor is required to furnish fire extinguishers as required for completion of Vendor’s safe completion of the scope of work.

(i) Asbestos. Nothing stated or implied in the Agreement specifications is to be interpreted as requiring or permitting the use of any asbestos-containing material of any kind. In accordance with the Asbestos Hazard Emergency Response Act (AHERA), AISD is informing the Vendor that asbestos containing building material (ACBM) has been identified in various district-owned buildings. For the protection of all students, employees, and workers, all Vendors, prior to work being performed within AISD buildings, shall assign a representative to either review the asbestos management plan located in the administration office of the campus, or contact AISD’s Asbestos Designated Person, to verify if any ACBM is present in the projected work area. Contact the AISD Maintenance Department for contact information of the Asbestos Designated Person.

4. SECURITY

All Amarillo ISD contractors shall follow the below listed policies and protocols when working on an AISD facility within the secured perimeter or inside of a secured exterior door.

Contractors when working with AISD are expected to become a proactive partner with AISD in assuring a safe and secure environment for our staff and students. The following checklist will be addressed with the involved parties prior to any work beginning.

(a) All employees working on AISD projects will be required to be fingerprinted and badged prior to being allowed on campus.

(b) When arriving to AISD’s maintenance department for badging the following protocols will be thoroughly reviewed with all employees to be on property.

(c) All employees to be on AISD property will be required to sign the protocols document to verify they understand these policies.

(d) At no time will any employee bar, prop or render an exterior door or gate as unsecured.

(e) All personnel shall be responsible for assuring that any door/gate they enter through is secured behind them.

(f) Any personnel that exits a property must assure that the door/gate is secured behind them and will need to arrange for re-entry upon their return.

(g) If a key is issued to a contractor foreman the proper documentation shall be completed to assure return of the key at the conclusion of the project.

(h) Company owner or foreman will be required to email a list to Steve Scott of subcontractors and locations they will be working at on a daily basis for each campus involved.

(i) The work site is to remain in a safe condition and be secured in a safe condition before leaving daily

(j) Contractor Foreman or owner will attend a pre-construction meeting with the Campus Principal and

Steve Scott. This will occur prior to any construction or work to begin.

Issue No.

Access to Amarillo Independent School District (AISD) Property

AISDP-0001

5. BADGES

(a) Personnel of Vendor and its subcontractors, are required to wear a badge at all times. A badge must be worn in a manner that allows it to be visible at any time.

(b) For all onsite services other than Construction, Vendor will be required to fill out a badge request form for each worker requiring a badge, and pickup badges for all personnel of the Vendor and its subcontractor at the AISD Maintenance Office, 905 E. Street, Amarillo, TX 79107. Pre-arrangements are mandatory. See Exhibit B for AISD Contractor Badge Request form. Depending on the length of the Agreement, Vendor may be issued either a temporary paper badge, or a long-term plastic badge.

(c) For Construction services, Vendor will be required to coordinate badging for its project team and all subcontractors. Vendor shall coordinate this with their designated AISD representative.

(d) Identification badges are considered AISD property and must be returned immediately to AISD upon request of AISD, termination of employment or upon job completion. Failure to return badges may result in delay of project close-out.

6. WORKSITE HOUSEKEEPING REQUIREMENTS

(a) All work areas are to be kept clean at all times. The Vendor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by operations under the agreement and shall, not less than two times each week, clean up by removing rubbish, including old and surplus materials. At the completion of the work, the Vendor shall remove all waste materials and rubbish from District property as well as tools, construction equipment, machinery and surplus materials. Surplus and waste materials removed from the site of the Work shall be disposed of at locations satisfactory to AISD. Vendor shall clean, sweep, mop, brush and polish, as appropriate, the interior of the improvements or project area(s), including but not limited to, any floors, carpeting, ducts, fixtures, and ventilation units operated during construction. Vendor shall clean exterior gutters, drainage, walkways, driveways and roofs of debris, as appropriate.

(b) Work sites will be inspected on a regular basis and may be shut down as directed by the AISD designated representative.

(c) The Vendor’s Project Superintendent is required to check work site and storage areas at the end of each work day to verify that no foreign objects are lying about or materials are not placed in the designated areas and take corrective actions for non-compliance.

(d) The Vendor is responsible to keep all work sites clean of all foreign debris and objects at all times.

(e) The Vendor is responsible for all scheduled pickups and removals of debris / trash / etc.

(f) The delivery of material, and or delivery and removal of dumpsters or haul trucks will be

PROHIBITED during the following hours:

(1) During Student Drop Off and School Start Time, Typically 7:30 AM – 8:30 AM Central Time

(2) During Student Pickup and School End Time, Typically 3:00 PM – 4:30 PM Central Time

(3) Any other time that an AISD designee prohibits delivery or removal to occur due to site special events or other AISD events.

Issue No.

Access to Amarillo Independent School District (AISD) Property

AISDP-0001

(g) Any work being performed around a finished product or property is required to be protected at all times to prevent any damage. Protection is required of all adjacent areas where the work is being performed. The Vendor is required to clean the work sites at the end of each day for the duration of the Project to prevent damage to walls, structure, façade, property, HVAC operations, Life Safety operations, etc.

7. INSURANCE REQUIREMENTS

(a) General. Unless specified elsewhere in this Agreement, Vendor, at its own expense, must provide and maintain during the entire performance of this Agreement the minimum insurance limits as stated in Exhibit C, attached hereto and titled Insurance Requirements.

(b) Certificates. Before beginning onsite work under this Agreement, Vendor must submit to the AISD Designated Representative, a certificate of liability insurance (former ACORD form 25 or equivalent compliant with applicable state laws) certifying that the required insurance has been obtained. All insurers on the certificate must have an A.M. Best Company Financial rating of “A-VII” or higher. The certificate must:

(1) Identify AISD as the certificate holder,

(2) State that AISD has been added as Additional Insured on all liability policies (except for workers’ compensation or professional errors & omissions insurance).

(c) Replacement certificates. Vendor must submit a replacement certificate if a required policy expires before work is complete.

(d) Non-compliance. AISD has no duty to advise Vendor in the event Vendor’s insurance does not comply with the requirements of this Agreement. If Vendor fails to procure and maintain all the insurance coverage required by this clause, Vendor must indemnify and hold harmless AISD from and against all claims demands, costs, charges and expenses that would have been covered by such insurance had Vendor complied with its obligations herein.

8. WEAPON, TOBACCO AND E-CIGARETTES USE POLICY

(a) The AISD School Board, has implemented a policy in regards to weapons and smoking. AISD Board Policy GKA (LOCAL) shall be adhered to by the Vendor in execution of this Agreement.

Available online at: https://pol.tasb.org/Policy/Code/1004?filter=GKA

9. UTILITIES

(a) In the event of an emergency utility shutdown or event, Vendor shall protect property and seek emergency assistance by contacting 911 (if necessary), then contact the AISD 24-hour emergency number (806) 678-0186 to notify the District, and lastly notify the site Principal or AISD designee.

(b) To schedule utility outages, notify and coordinate with AISD Maintenance at (806) 326-1502.

(c) It is the responsibility of the Vendor to request records from AISD and identify, mark, and protect all utilities in or around the work site. This includes, but is not limited to, coordinating Texas 8-1-1 Dig-Tess, making a reasonable attempt to locate and mark utilities from AISD records, and take precautions when digging in case any utilities are damaged.

(d) In the event a utility is damaged, work will stop immediately, the site should be secured and left in a safe state, and the AISD Maintenance Department shall be notified at (806) 326- 1502.

Issue No.

Access to Amarillo Independent School District (AISD) Property

AISDP-0001

10. SPECIAL CONDITIONS FOR CONSTRUCTION TYPE WORK

(a) AISD will determine when onsite work is considered Construction work and, if so, when and which of the following special conditions will apply.

(1) PRECONSTRUCTION CONFERENCE – Prior to occupation of the site by personnel of the Vendor and its subcontractors, Vendor and AISD will hold a preconstruction conference.

(2) Designated parking for all personnel of Vendor and subcontractors will be established with approval of the District and enforced by the Vendor.

(3) Demolition schedules must be reviewed and approved by AISD. It is the intent of AISD for loud or distracting demolition to occur after 4:00 PM Central Time, not during the regular school schedule when students are present, unless previous arrangements have been made.

(4) Vendors shall notify AISD if any items need to be delivered as salvage. These items will be delivered by Vendor to a location as directed by AISD.

(5) Vendor shall maintain construction fences and barricades for student and staff safety, security, and appearance.

(6) Personnel of Vendor and subcontractors are to check in at the construction job-site trailer or designated area.

(7) Personnel of Vendor and subcontractors are required to wear neon green, yellow or orange shirts. If wearing coats or jackets, a safety vest must be worn over coats.

(8) Vendor must keep an attendance record of site visitors.

(9) A visitor badge can be issued for one-time visitors, however, Vendor must keep attendance records of the site visit.

(10) If approved by AISD, AISD may provide a laptop computer to the Vendor, with the necessary application for creating an Identification Badge for each worker based on an information form completed by the worker. See attached Exhibit B for AISD Contractor Badge Request form and Exhibit D for the Badge Upload Form.

a. If the Vendor is issued a laptop to issue construction badges, the Construction Project Team members will have a different badge than personnel of any subcontractor.

(11) Upon agreed upon intervals, Vendor shall provide to the AISD Designated Representative an updated list of all ongoing personnel of the Vendor and subcontractors that are working onsite, with acknowledgement that they have completed the required FACT background check with no disqualifying offenses, and that they have been trained on Vendor’s security plan (See Section 2. e.).

(12) No activity creating a disturbance shall be allowed to be performed on State testing or makeup days. A copy of the school calendar can be found at the AISD website, www.amaisd.org.

(13) AISD may stop work or require adjustments to work schedules for any AISD event deemed necessary.

http://www.amaisd.org/ http://www.amaisd.org/ Mobile User By signing below, the Vendor acknowledges that it has read, understands, and agrees to comply with the District’s Access to District Property requirements throughout the term of the contract.

Company:

Authorized Representative:

Date: