HomeMy WebLinkAboutRES 23-248RESOLUTION NO, 23-248
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into an
agreement with Triangle Stagecraft, Inc., of Port Neches, Texas for skilled temporary
workers utilized in the Event Services Department for one (1) year, with the option to
renew for two (2) one (1) year terms, with no increase allowed during the term of the
contract.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
September, 2023.
Mayor Roy West -
LETTER OF UNDERSTANDING
BETWEEN
TRIANGLE STAGECRAFT, INC.
AND
CITY OF BEAUMONT
This Letter of Understanding is made this 5" day of NOVEMBER, 2023, by and between Triangle
Stagecraft, Inc. (Triangle Stagecraft) and City of Beaumont, Beaumont, Texas (City). Triangle
Stagecraft is to provide temporary workers for the following services on an as -needed basis for the City of
Beaumont. This Letter of Understanding supersedes any previously executed Agreement. The terms and
conditions of this Letter of Understanding follow.
1. PAYMENT FOR WORKERS
All temporary workers provided by Triangle Stagecraft will be billed/paid at the hourly
rate included in this Letter of Understanding. There will be an additional charge of one and one-
half tunes (x 1.5) the applicable straight time rate for hours worked between 12:00 Midnight and
8:00 A.M. and/or after eight (8) consecutive hours.
For pay purposes, ten (10) minutes of an hour constitutes one (1) hour billed/paid,
2. ADMINISTRATIVE CHARGE
The hourly rates shall include an additional twenty-five percent (25%) to cover Workers' Comp
Insurance, Liability Insurance, and Payroll Costs. A Certificate of Workers' Compensation
Insurance, as well as other insurances as required by the City, will be provided by Triangle
Stagecraft to the City.
CALL MINIMUMS
The minimum call is three (3) hours for load -ins, load -outs. Rehearsals and shows have a three
(3) hour minimum beginning with a one (1) hour advance call-back time.
4. STEWARD/SUPERVISOR
A dedicated supervisor is required for calls of fifteen (15) or more workers.
5. LOADERS
A minimum of four (4) loaders are required on all semi -trucks, and two (2) loaders are required
on bob -tail trucks.
6. RIGGERS
When riggers are requested, there shall be a minimum call of two (2) riggers.
Page 1 — Theatrical Workers Contract — TF0903-63 — Contract Extension 2023
7, REHEARSALS AND PERFORMANCE RATES
Rehearsal and performance rates are based on a three (3) Dour minimum, beginning with a one (1)
hour advance callback time. Any additional Hours after five (5) hour's without a one (1) hour
meal break, shall be charged at one and one-half(x 1.5) the applicable hourly rate.
8. HOLIDAYS
Holiday pay will be at time and one-half (xl .5) the regular rate at appropriate times. Holiday pay
will be applied for all Triangle Stagecraft workers that work on the following holidays;
New Year's Day
Martin Luther King, Jr. Birthday
Easter Sunday
Memorial Day
Juneteentli
Fourth of July
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
9. MEAL PERIODS
Meal Periods and Breaks will be coordinated between show Production Manager and Triangle
Stagecraft Supervisor. All Triangle Stagecraft workers will receive a meal period of one (1) hour,
not later than five (5) pouts after commencement of work.
10. BREAKS
Each Triangle Stagecraft worker shall receive a fifteen (15) minute break approximately two (2)
hours into the load in.
11. UNIFORMS
Uniforms must have a company logo or other means of identifying workers. COMPANY ID
MUST BE WORN OVER ANY WEATHER GEAR.
12. HAZARDOUS CONDITIONS
Hazardous conditions exist when a Triangle Stagecraft worker is working over thirty (30) feet
above the floor and/or truss focusing while climbing, not to include working in loading bridges,
fly floors, gridirons or any safety walk over thirty (30) inches in width that is enclosed with
permanent safety railing. In hazardous locations, basic safety systems such as OSHA approved
lifeline and fall restraint systems must be present or Triangle Stagecraft workers will not be
allowed to work there.
13. TERM FOR LETTER OF AGREEMENT
This letter of Agreement shall be in effect for a period of one (1) year beginning NOVEMBER 5,
2023, with the option to renew for two (2) one (1) year terms, for a total of three (3) years. Any
renewals will be subject to the same terms and conditions referenced in this Agreement.
Renewals will be offered through an extension letter generated by the City of Beaumont and
Page 2 —Theatrical Workers Contract — TF0903-63 — Contract Extension 2023
approval with signature provided by Triangle Stagecraft.
The hourly rate shall remain fixed for a period of three (3) years from the start of this Agreement.
Any increases in the hourly rate after the original term must be agreed by the City and Triangle
Stagecraft and be provided in Amendment to this Agreement.
14. TERMINATION OF AGREEMENT
This Agreement may be terminated for any reason by either Triangle Stagecraft or the City of
Beaumont upon providing thirty (30) days' written notice to the other party.
15. INDEMNITY
Triangle Stagecraft agrees to indemnify and save harmless the City of Beaumont and its officers,
agents and employees from any and all claims, causes or action and damages of every kind, for
injury to or death of any person and damages to property arising out of or in connection with the
work done by Triangle Stagecraft under this Agreement, and including acts or omissions of the
City of Beaumont or its officers, agents or employees in connection with said Agreement. The
requirements of this paragraph shall survive the termination of this Agreement.
16. INSURANCE
Triangle Stagecraft shall obtain and maintain in frill force and effect for the duration of this
Agreement, and any extension hereof, at Triangle Stagecraft's sole expense, insurance coverage
called for in Exhibit "A" attached hereto. Triangle Stagecraft shall require its insurance agent
provider such insurance to complete City -approved Certificate of Insurance forms. The
requirements of this paragraph shall survive the termination of this Agreement.
17. CONTACT 11 ORMATION
TRIANGLE STAGECRAFT, INC.
681 Ridgewood Drive
Port Neches, TX 77651
Phone: 409-626-1880
Fax: 409-729-0578
CITY OI' BEAUMONT
Finance Dept.IPurchasing Division
Playsical Address:
801 Main Street, Suite 315
Beaumont, TX 77701
Mailing Address:
P. O. Box 3827
Beaumont, TX 77704-3827
Phone: 409-880-3720
Page 3 Theatrical Workers Contract — TF0903-63 — Contract Extension 2023
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed as of
the date set forth within this Agreement.
AGREED AND ACCEPTED:
TRIANGLE STAGECRAFT, INC.
By:
(Signature)
Name: James B. Strawther
Title: Operations Manager
Date:
AGREED AND ACCEPTED:
CITY OF BEAUMONT
By:
(Signature)
Name: Kenneth R. Williams
Title: City Manager
Date:
Page 4—Theatrical Workers Cont:'act — TH903-G3 — Contract Extension 2023
LETTER OF UNDERSTANDING
BETWEEN
TRIANGLE STAGECRAFT, INC.
AND
CITY OF BEAUMONT
POSITION
RATE PER HOUR*
Supervisors / Electricians
$36.39
Riggers
$46.73
Stage Technicians (all other positions)
$28.78
* RATES EFFECTIVE NOVEMBER 5, 2023.
x * Hourly rates include twenty -live percent (25%) to cover
insurance and payroll costs.
Page 5 -- Theatrical Workers Contract — TF0903-63 — Contract Extension 2023
EXH1113IT "A"
Letter of Understanding BeWeen
Triangle Stagecraft, Tile. and City of Beautntotnt
ATTACHMENT "A"
(Revised 10/12/2021)
INSURANCE
SECTION A. Prior to the approval of this contract by the City, CONTRACTOR shall furnish a completed Insurance Certificate to
the Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s) to the coverages,
limits (on a form approved and provided by the City), and termination provisions shown thereon, and shall furnish and contain all
required information referenced or indicated thereon. CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS
CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE CITY OF BEAUMONT'S PURCHASING DIVISION, and no
officer or employee of the City shall have authority to waive this requirement.
INSURANCE COVERAGE REQUIRED
,SECTION B. CITY reserves the right to review the insurance requirements of this section during the effective period of the contract
and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY, based upon changes in statutory law,
court decisions, or tine claims history of the industry as well as the CONTRACTOR.
SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by CITY,
CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension ]nercof, at
CONTRACTOR'S sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to CITY, in
the following type(s) and annount(s):
TYPE AMOUNT
1. Workers' Compensation and Statutory
Employer's Liability
NOTE: For building or construction projects, and services provided at City -owned facilities, the successful
Contractor shall nneet the nninimum requirements defined in the Texas Workers' Compensation Commission
Rule 28 TAC §110.110 which follows this insurance attachment.
Commercial General (public) Liability
including coverage for the following:
a.
Premises operations
b.
Independent contractors
C.
Products/completed operations
d.
Personal injury
e.
Advertising injury
f,
Contractual liability
g.
Medical payments
h.
Professional liability*
i.
Underground hazard*
j.
.Explosion and collapse hazard*
k.
Liquor liability*
1.
Fire legal liability*
Ill.
City's property in Contractor's*
care, custody, or control
n.
Asbestos specific liability*
Combined single limit for bodily injury and
and property damage of $500,000 per
occurrence or its equivalent with an aggregate
limit of $1,000,000.
Pale 6 -- Theatrical Workers Contract — TF0903-63 — Contract Extensions 2023
4.
x Not required for this contract
Comprehensive Automobile Liability
insurancc, including coverage for loading
and unloading hazards, for;
a. Owned/leased vehicles
b. Nan -owned vehicles
C. Hired vehicles
Errors and Omissions
insurance policy
(when applicable)
Combined single limit for bodily injury and
property damage of $500,000 per occurrence
or equivalent.
Provide a prudent amount of coverage for the
willful or negligent acts or omissions of any
officers, employees or agents thereof.
ADDITIONAL POLICY ENDORSEMENTS
CITY shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may
make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions
(except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any
of such policies). Upon such request by CITY, CONTRACTOR shall exercise reasonable efforts to accomplish such changes in
policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
CONTRACTOR agrees with respect to the above required insurance, all insurance contracts and ccrtifrcate(s) of insurance will
contain and state, in writing, on the certificate or its attachment, the following required provisions.
a. Name, the City of Beaumont and its officers, employees, and elected representatives as additional insured(s), (as the
interest of each insured may appear) to all applicable coverage,
Provide for 30 days' notice to City for cancellation, non -renewal, or material change.
C. Provide for notice to City at the address shown below by registered mail.
d. CONTRACTOR agrees to waive subrogation against the City of Beaumont, its officers, employees, and elected
representatives for injuries, including death, property damage, or any other loss to the extent same may be covered
by the proceeds of insurance.
e. Provide that all provisions of this agreement concerning liability, duty, and standard of care together shall be
underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.
For coverages that are only available with claims made policies, tine required period of coverage will be determined
by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for
the warranty period) and an extended discovery period for a minimum of five (5) years which shall begin at the end
of the warranty period.
NOTICES
CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty (30) days
prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be
given to CITY at the following address:
Purchasing Division
City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704
Page 7 — Theatrical Workers Contract — TF0903-63 -- Contract Extension 2023
SUCTION D. Approval, disapproval, or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not
relieve CONTRACTOR of Bill responsibility or liability for damages and accidents as set forth in the contract documents. Neither
shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate CONTRACTOR from liability.
Page 8 —Theatrical Workers Contract — TF0903-63 — Contract Extension 2023
WORKERS COMPENSATION INSURANCE
for
Building or Construction Projects and Services Provided at City -Owned Facilities
TEXAS WORKERS' COMPENSATION COMMISSION RULE 28, §110.110
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As required by the'1'exas Workers' Compensation Rule 28, §110,110, the Contractor shall accept the following definitions and comply
with the following provisions:
Workers' Compensation Insurance Coverage
A. Definitions:
Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued
by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for
the duration of the project.
2. Duration of the project -includes the time from the beginning of the work on the project until the Contractor's/person's
work on the project has been completed and accepted by the City of Beaumont.
Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing
all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person
contracted directly with the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees
of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"
include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such
as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
B. The Contractor shall provide coverage, based oil proper reporting of classification codes and payroll amounts and filing of any
coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of
the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the City of Beaumont prior to being awarded the contract.
D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the
Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City of Beaumont showing
that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project, and provide to the City of Beaumont:
A certificate of coverage, prior to that person beginning work on the project, so the City of Beaumont will have on
file certificates of coverage showing coverage for all persons providing services on the project; and
No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.
The Contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter.
G. The Contractor shall notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after
the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person
providing services on the project.
Page 9 — Theatrical Workers Contract — TJ~0903-63 -- Contract Extension 2023
H. Tire Contractor shall post on each project site a notice, in the text, for►n and manner prescribed by the Texas Workers'
Compensation Commission, informing all persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
The Contractor sliall contractually require each person with whom it contracts to provide services on a project, to:
1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage
agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2. Provide to the Contractor, prior to that person beginning work oil the project, a certificate of coverage showing that
coverage is being provided for all employees of the person providing services on the project, for the duration of the
project.
3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
4. Obtain fi-oni each other person with whom it contracts, and provide to the Contractor:
a. A certificate of coverage, prior to the other person beginning work on the project; and
b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the
coverage period shown on the current certificate of coverage ends during the duration of the project.
5. Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter;
6. Notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after the person
knew or should have known, of any change that materially affects the provision of coverage of any person providing
services on the project; and
7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the
certificates of coverage to be provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the
City of Beaumont that all employees of the Contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case
of self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.
K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City
of Beaumont to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of
notice of breach from the City of Beaumont.
As defined by the Texas Labor Code, Chapter 269, Section 406.096(c), building or construction is defined as:
1, Erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related
appurtenance;
2. Remodeling, extending, repairing, or dernolishing a structure; or
Otherwise improving real property or an appurtenance to real property through similar activities.
The employment of a maintenance employee who is not engaging in building or construction as the employer's primary business does
not constitute engaging in building or construction.
Page 10 — Theatrical Workers Contract—'I'F0903-63 --- Contract Extension 2023
CITY OF 13EAUMONT
INSURANCE RE,QUIItEMENT AFFIDAVIT
To be Completed By Appropriate Insurance Agent
and submitted with bid proposal.
1, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document
have been reviewed by me with the below identified Contractor. If the below identified Contractor is
awarded this contract by the City of Beaumont, I will be able to, within ten (10) days after being notified
of such award, furnish a valid insurance certificate to the City meeting all of the requirements defined in
this bid.
Agent (Signature)
Nance of Agency/Broker: _
Address of Agent/Broker: _
City/State/Zip:
Agent/Broker Telephone #:
CONTRACTOR'S NAME:
Agent (Print)
(Print or Type)
NOTE TO AGENT/BROKER
If this time requirement is not met, the City has the right to invalidate the bid award and award the
contract to the neat lowest bidder meeting specifications. Should an awarded bid be invalidated the
Contractor may be liable for breach of contract. If you have any questions concerning these
requirements, please contact the Purchasing Manager for the City of Beaumont at (409) 880-3720.
Page 11 — Theatrical Workers Contract -- TF0903-63
Form No. C0131
CERTIFICATE OF INSURANCE Edition Date: 12/12/2018
e Page 1 of 4
This form is for informational purposes only and certifies that policies of insurance listed below have been issued
to insured named below and are in force at this time. Notwithstanding any requirements, term or condition of
any contract or other document with respect to which this certificate may be issued or may pertain, insurance
afforded by policies described herein is subject to all terms, exclusions and conditions of such policies.
Prior to the beginning of work, the vendor shall obtain the minimum insurance and endorsements specified.
Agents must complete the form providing all requested information and submit by fax, U.S. mail or e-mail as
requested by the City of Beaumont ("COB"). The endorsements listed below are required as attachments to this
certificate; copies of the endorsements are also acceptable. PLEASE ATTACH ALL ENDORSEMENTS TO
THIS FORM AND INCLUDE THE MATCHING POLICY NUMBER ON THE ENDORSEMENT. Only City of
Beaumont certificates of insurance are acceptable; commercial carriers' certificates are not.
This certificate shall be completed by a licensed insurance agent:
Page 12 — Theatrical Workers Contract -- T)F`0903-63
Name and Address of Agency:
Phone:
Name and Address of Insured:
Phone: 1
Prime or Sub -Contractor:
Name of Prime Contractor, if different from Insured:
City of Beaumont Reference:
Project Name:
Project Location:
Managing Dept.:
Project Mgr.:
Insurers Affording Coverages:
Insurer A
Insurer B
Insurer C
Insurer D
CERTIFICATE OF INSURANCE
Form No. COB1
Edition Date: 12M212018
Page 2 of 4
INSR
TYPE OF.INSURANCE
POLICY
POLICY EFF..
POLICY EXP..
LIMITS OF LIABILITY.
LTR
NO..
DATE
DATE
(MMIDDIYYYY)
(MMIDDIYYYY)
Commercial General
Each Occurrence
$
Liability Policy
As defined in the
Policy, does the Policy
General Aggregate
$
provide:
Completed
❑ Yes ❑ No — Completed Operations/Products
Operations/
$
Products Aggregate
❑ Yes ❑ No -- Contractual liability
Personal &
Advertising Injury
$
Page 13 — Theatrical Workers Contract -- TF0903-63
❑ Yes ❑ No — Explosion
Deductible or Self
$
Insured Retention
❑ Yes ❑ No - Collapse
❑ Yes ❑ No — Underground
❑ Yes ❑ No — Contractors 1 Subcontractors Work
❑ Yes ❑ No — Aggregate Limits per Project Form - CG 2503 0609 or Equivalent ❑ Yes
❑ Yes ❑ No — Additional Insured Form (not construction) - CG 2010 1001 or Equivalent ❑ Yes
❑ Yes ❑ No — Completed Operations Additional Insured Form (construction only) -
CG 2037 1001 or Equivalent ❑ Yes
❑ Yes ❑ No — 30 Day Notice of Cancellation Form - CG 2804 1093 or Equivalent ❑ Yes
❑ Yes ❑ No — Waiver of Subrogation Form - CG 2404 0509 or Equivalent ❑ Yes
INSR
TYPE OF INSURANCE
POLICY
POLICY EFF. DATE
POLICY EXP.
LIMITS OF LIABILITY
LTR
NO.
(MMIDDIYYYY)
DATE
(MMIDDIYYYY)
Pollution i
Occurrence
$
Environmental
Impairment Policy
Aggregate
$
INSR
TYPE OF INSURANCE
POLICY
POLICY EFF. DATE
POLICY EXP.
LIMITS OF LIABILITY
LTR
NO.
(MMIDDIYYYY)
DATE
(MMIDDIYYYY)
Commercial Auto
CSL
$
Liability Policy
As defined in the Policy,
Bodily Injury
$
does the Policy provide:
(Per Incident)
❑ Yes ❑ No — Any Auto
Bodily Injury
$
Per Person
Property
$
❑ Yes ❑ No — All Owned Autos
Damage
Per Accident
Form No. COB1
CERTIFICATE OF INSURANCE Edition Date: 12/12/2018
An
Page 3 of 4
❑ Yes
[]No
— Non -Owned Autos
❑ Yes
❑ No
— Hired Autos
❑ Yes
❑ No
-- Waiver of Subrogation - CA0444 0410 or Equivalent ❑ Yes
❑ Yes
❑ No
— 30 Day Notice of Cancellation - CA0244 or Equivalent ❑ Yes
❑ Yes
❑ No
— Additional Insured - CA2048 or Equivalent ❑ Yes
Page 14 — Theatrical Workers Contract — TF0903-63
[]Yes ❑ No
INSR
TYPE OF INSURANCE
POLICY
POLICY EFF.
POLICY EXP.
LIMITS OF LIABILITY
LTR
NO.
DATE
DATE
(MMIDD/YYYY)
(MMIDDIYYYY)
Excess Liability
Occurrence
$
❑ Umbrella Form
Aggregate
$
❑ Excess Liability
Follow Form
F
Workers
❑ Statutory
Compensation &
Employers Liability
As defined in the
Each Accident
$
Policy, does the Policy
provide
❑ Yes ❑ No -- Waiver of Subrogation - WC420304
Disease -
$
Policy Limit
❑ Yes ❑ No — 30 Day Notice of Cancellation - WC420601
Disease -
$
Each Employee
Is a Builders Risk or
$
Installation
Insurance Policy
provided?
❑ Yes ❑ No
❑ Yes ❑ No -- Is the City shown as loss payee/mortgagee?
Professional Liability
Each Claim
$
As defined in the
Policy, does the Policy
provide.,
❑ Yes ❑ No — 30 Day Notice of Cancellation
Deductible or
$
Retroactive Date:
Self Insured
Retention
Form No. COB1
CERTIFICATE OF INSURANCE Edition Date: 12/12/2018
me t Page 4 of 4
Page 1 S -- Theatrical Workers Contract — TF0903-63
AGENT CERTIFICATION:
THIS IS TO CERTIFY TO THE CITY OF BEAUMONT
that the insurance policies above are in full force and effect.
Name of Insurance Company:
Name of Authorized Agent:
Company Address:
Agent's Address:
City: State: Zip:
City: State: Zip:
Authorized Agent's Phone Number (including Area Code):
Original signature of Authorized Agent:
X
Date:
CERTIFICATE HOLDER:
City of Beaumont
DATE ISSUED:
._._.....
P. O. Box 3827 AUTHORIZED REPRESENTATIVE SIGNATURE
Beaumont, Texas 77704-3827 Licensed Insurance Agent
Printed Name:
Page 16 -- Theatrical Workers Contract — TF0903-63
RESOLUTION NO. 13-248
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract, with an option to renew
on an annual basis, to Triangle Stagecraft, Inc„ of Port Neches, Texas, in the estimated
annual amount of $230,000 for the furnishing of skilled temporary workers to load, unload,
sot up anti take clown equipment needed for a variety of events and performances that the
I vont Facilities Oopartmont holds at multiple City venues. The contract is substantially in
they farm attached hereto as Exhibit "A" and made a part hereof for all purposes; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a Letter of Understanding with Triangle Stagecraft, Inc., of Port
Neches, Texas, for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 231h day of
October, 2013.
M yor Becky Ames - v
Page 17 — Theatrical Woa•kers CoWract — Tti 0903-f 3
October 3, 2023
ATTN: James B. Strawther, Operations Manager Via email: iatse183(a-)-gt.rr.com
Triangle Stagecraft, Inc. (Marie Pinner)
681 Ridgewood Drive istrawther(a-)-sost.org
Port Neches, TX 77651
RE: Theatrical Workers Contract
Bid No. TF0903-63
Dear Vendor:
Please be advised the City of Beaumont offers a one (1) year Letter of Understanding Agreement for the
above -referenced contract at the prices quoted. Previously operating on a month -to -month basis as of
11/5/21, we now will move into a yearly contract with options to renew.
The contract is for Triangle Stagecraft, Inc. to provide temporary workers for make-ready and break -down
services for various events at the City's various entertainment venues. The provisions of the Agreement and
updated pricing are stated in the attached Letter of Understanding.
DATE BID AWARDED: September 19, 2023 (Resolution No. 23-248)
CONTRACT BEGINS: November 5, 2023
CONTRACT ENDS: November 4, 2024
ADDITIONAL EXTENSIONS:
The new Letter of Understanding (attached) executed on 9/25/23 by Triangle Stagecraft and on 9/27/23
by the City of Beaumont, provides for the City's option to renew for two (2) additional one (1) year
terms.
BE ADVISED: Your company MUST maintain the REQUIRED insurance coverage CURRENT at all
times. Purchasing Staff will be in contact with your company for updated proof of insurance.
PURCHASING
409.880.3720 0
409.880.3747
PO Box 38271 Beaumont, TX 77704
1 Main St. I Suite315 1 Beaumont, TX 77701
Triangle Stagecraft, Inc. Award/Extension Letter 2023
Theatrical Workers Contract
Bid No. TF0903-63
October 3, 2023
,Page 2
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7) Provided with this letter are details for compliance with the required House Bill 1295 (AB1295) form.
You must provide the completed House Bill 1295 (HB1295) online, as detailed in • instructions. •
must provide the Original, completed, signed and dated form to Purchasing before Tuesday, October 10,
2023 at 5:00
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All orders shall be accompanied by a Purchase Order number. The Purchase Order number must
appear on all delivery tickets and invoices. Payment by City to Vendor shall be made in accordance with
the requirement of Texas Government Code §2251.021.
If you need any further information, please contact the Purchasing Division at (409) 880-3720.
Sincerely,
Terry W6fch,,,
Purchasing Manager
C:\Users\brenda\City of Beau mont\P urchas i Ing - Documents (1)\General\BIDS - DO NOT MOVE OR DELETE!\Pu03\TF0903-63—TheatricaI Workers Contract\TF0903-63—Theatrical Workers
Contract —2023\TF0903-63—award-extens ion 2023—with Agrmnt-2023—BD.docx
cc: Emily Wheeler, Event Services
Stacy Gonzales, Event Services
Jennifer Nguyen, Event Services
Tina Broussard, City Clerk's Office
Triangle Stagecraft, Inc. Award/Extension Letter 2023
Theatrical Workers Contract
Bid No. TF0903-63
October 3, 2023
Page 3
Texas Ethics Commission Certificate Number
HB 1295 -- Section 2252.098 of the Government Code states "a contract that requires an action or
vote by the governing body of the entity or agency, or the value of the contract is at least one million
dollars ($1,000,000), must provide a Disclosure of Interested Parties Form on the Texas Ethics
Commission website".
Within five (5) working days after the award of contract by Beaumont City Council, the awarded
vendor must complete the information requested on the Texas Ethics Commission website and
provide the certificate number to the Purchasing Department. The Texas Ethics Commission website
is: www.ethics.state.tx.us
At the home page, click on Form 1295 Filing Application, and follow the instructions. Upon
completion of the information on the website, provide the completed form and certificate number
to the following Purchasing e-mail addresses:
terrv.welch cD.beaumonttexas.gov
I understand the requirement as stated above and will comply within five (5) working days after the
award of contract by Beaumont City Council.
Signature
Printed Name
Title
Revised 4/29/16 /bd
Company Name
Date Signed
Triangle Stagecraft, Inc. Award/Extension Letter 2023
Theatrical Workers Contract
Bid No. TF0903-63
October 3, 2023
Page 4
House Bill 89 (HB89) Verification
I, _, the undersigned representative of
, (Company or Business Name) (Company
or Business Name) (hereafter referred to as "Company"), being an adult over the age of eighteen (18) years of age, verify that the
company named -above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above -named Company, business or individual with the City of
Beaumont, Texas.
Pursuant to Section 2270.001, Texas Government Code:
1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action
that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person
or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary
business purposes; and
2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture,
limited partnership, limited liability partnership, or any limited liability company, including a wholly- owned subsidiary,
majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.
DATE
SIGNATURE OF COMPANY
REPRESENTATIVE ON THIS THE day of 120 , personally appeared
, the above -named person, who after by me being duly
sworn, did swear and confirm that the above is true and correct.
NOTARY SEAL
NOTARY SIGNATURE
Senate Bill 252 Ch. 2252 Certification
Pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above
is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under
Section 806.051, Section 807.051 or Section 2252.153. I further certify that should the above -named company enter into a contract
that is on said listing of companies on the website to the Comptroller of the State of Texas which do business with Iran, Sudan or any
foreign terrorist organization, I will immediately notify the City of Beaumont's Purchasing Department.
Date Signed
Signature of Company Representative
Name in Printed Form
Triangle Stagecraft, Inc. Award/Extension Letter 2023
Theatrical Workers Contract
Bid No. TF0903-63
October 3, 2023
Page 5
NOTE: The fully -executed Letter of Understanding follows.
LETTER OF UNDERSTANDING
BETWEEN
TRIANGLE STAGECRAFT, INC.
AND
CITY OF BEAUMONT
This Letter of Understanding is made this 5TH day of NOVEMBER, 2023, by and between Triangle
Stagecraft, Inc. (Triangle Stagecraft) and City of Beaumont, Beaumont, Texas (City). Triangle
Stagecraft is to provide temporary workers for the following services on an as -needed basis for the City of
Beaumont. This Letter of Understanding supersedes any previously executed Agreement. The terms and
conditions of this Letter of Understanding follow.
1. PAYMENT FOR WORKERS
All temporary workers provided by Triangle Stagecraft will be billed/paid at the hourly
rate included in this Letter of Understanding. There will be an additional charge of one and one-
half times (x 1.5) the applicable straight time rate for hours worked between 12:00 Midnight and
8:00 A.M. and/or after eight (8) consecutive hours.
For pay purposes, ten (10) minutes of an hour constitutes one (1) hour billed/paid.
2. ADMINISTRATIVE CHARGE
The hourly rates shall include an additional twenty-five percent (25%) to cover Workers' Comp
Insurance, Liability Insurance, and Payroll Costs. A Certificate of Workers' Compensation
Insurance, as well as other insurances as required by the City, will be provided by Triangle
Stagecraft to the City.
3. CALL MINIMUMS
The minimum call is three (3) hours for load -ins, load -outs. Rehearsals and shows have a three
(3) hour minimum beginning with a one (1) hour advance call-back time.
4. STEWARD/SUPERVISOR
A dedicated supervisor is required for calls of fifteen (15) or more workers.
5. LOADERS
A minimum of four (4) loaders are required on all semi -trucks, and two (2) loaders are required
on bob -tail trucks.
6. RIGGERS
When riggers are requested, there shall be a minimum call of two (2) riggers.
Page 1 — Theatrical Workers Contract — TF0903-63 — Contract Extension 2023
7. REHEARSALS AND PERFORMANCE RATES
8.
9.
Rehearsal and performance rates are based on a three (3) hour minimum, beginning with a one (1)
hour advance call-back time. Any additional hours after five (5) hours without a one (1) hour
meal break, shall be charged at one and one-half (x 1.5) the applicable hourly rate.
Holiday pay will be at time and one-half (x1.5) the regular rate at appropriate times. Holiday pay
will be applied for all Triangle Stagecraft workers that work on the following holidays:
New Year's Day
Martin Luther King, Jr. Birthday
Easter Sunday
Memorial Day
Juneteenth
Fourth of July
MEAL PERIODS
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
Meal Periods and Breaks will be coordinated between show Production Manager and Triangle
Stagecraft Supervisor. All Triangle Stagecraft workers will receive a meal period of one (1) hour,
not later than live (5) hours after commencement of work.
10. BREAKS
Each Triangle Stagecraft worker shall receive a fifteen (15) minute break approximately two (2)
hours into the load in.
11. UNIFORMS
Uniforms must have a company logo or other means of identifying workers. COMPANY ID
MUST BE WORN OVER ANY WEATHER GEAR.
12. HAZARDOUS CONDITIONS
Hazardous conditions exist when a Triangle Stagecraft worker is working over thirty (30) feet
above the floor and/or truss focusing while climbing, not to include working in loading bridges,
fly floors, gridirons or any safety walk over thirty (30) inches in width that is enclosed with
permanent safety railing. In hazardous locations, basic safety systems such as OSHA approved
lifeline and fall restraint systems must be present or Triangle Stagecraft workers will not be
allowed to work there.
13. TERM FOR LETTER OF AGREEMENT
This letter of Agreement shall be in effect for a period of one (1) year beginning NOVEMBER 5,
2023, with the option to renew for two (2) one (1) year terms, for a total of three (3) years. Any
renewals will be subject to the same terms and conditions referenced in this Agreement.
Renewals will be offered through an extension letter generated by the City of Beaumont and
Page 2 — Theatrical Workers Contract — TF0903-63 — Contract Extension 2023
approval with signature provided by Triangle Stagecraft.
The hourly rate shall remain fixed for a period of three (3) years from the start of this Agreement.
Any increases in the hourly rate after the original term must be agreed by the City and Triangle
Stagecraft and be provided in Amendment to this Agreement.
14. TERMINATION OF AGREEMENT
This Agreement may be terminated for any reason by either Triangle Stagecraft or the City of
Beaumont upon providing thirty (30) days' written notice to the other party.
15. INDEMNITY
Triangle Stagecraft agrees to indemnify and save harmless the City of Beaumont and its officers,
agents and employees from any and all claims, causes or action and damages of every kind, for
injury to or death of any person and damages to property arising out of or in connection with the
work done by Triangle Stagecraft under this Agreement, and including acts or omissions of the
City of Beaumont or its officers, agents or employees in connection with said Agreement. The
requirements of this paragraph shall survive the termination of this Agreement.
16. INSURANCE
Triangle Stagecraft shall obtain and maintain in full force and effect for the duration of this
Agreement, and any extension hereof, at Triangle Stagecraft's sole expense, insurance coverage
called for in Exhibit "A" attached hereto. Triangle Stagecraft shall require its insurance agent
provider such insurance to complete City -approved Certificate of Insurance forms. The
requirements of this paragraph shall survive the termination of this Agreement.
17. CONTACT INFORMATION
TRIANGLE STAGECRAFT, INC. CITY OF BEAUMONT
681 Ridgewood Drive Finance Dept./Purchasing Division
Port Neches, TX 77651
Phone: 409-626-1880
Fax: 409-729-0578
Physical Address:
801 Main Street, Suite 315
Beaumont, TX 77701
Mailing Address:
P. O. Box 3827
Beaumont, TX 77704-3 827
Phone: 409-880-3720
Page 3 — Theatrical Workers Contract — TF0903-63 — Contract Extension 2023
IN WITNESS WHERE OF, the undersigned have caused this Agreement to be duty executed as of
the date set foith within this Agreement.
TRLANGLE STAGECRAFT, INC.
q(6 4NNN
® ........... ...... . ....... ....
(Signature)
Name: Kenneth R, Williams
Title: Operations Manager Title: City Manager
0
Date: Date.
........ . .... . . ..........................
Page 4 — Theatrical Workers Contract — TF0903-63 — Coiiftact Extension 2023
LETTER OF UNDERSTANDING
BETWEEN
TRIANGLE STAGECRAFT, INC.
AND
CITY OF BEAUMONT
POSITION
RATE PER HOUR
Supervisors /Electricians
$36.39
Riggers
$46.73
Stage Technicians (all other positions)
$28.78
* RATES EFFECTIVE NOVEMBER 5, 2023.
** Hourly rates include twenty-five percent (25%) to cover
insurance and payroll costs.
Page 5 — Theatrical Workers Contract — TF0903-63 — Contract Extension 2023
EXHIBIT "A"
Letter of Understanding Between
Triangle Stagecraft, Inc. and City of Beaumont
ATTACHMENT "A"
(Revised 10/ 12/2021)
INSITR ANCE
SECTION A. Prior to the approval of this contract by the City, CONTRACTOR shall furnish a completed Insurance Certificate to
the Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s) to the coverages,
limits (on a form approved and provided by the City), and termination provisions shown thereon, and shall furnish and contain all
required information referenced or indicated thereon. CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS
CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE CITY OF BEAUMONT'S PURCHASING DIVISION, and no
officer or employee of the City shall have authority to waive this requirement.
INSURANCE COVERAGE REQUIRED
SECTION B. CITY reserves the right to review the insurance requirements of this section during the effective period of the contract
and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY, based upon changes in statutory law,
court decisions, or the claims history of the industry as well as the CONTRACTOR.
SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by CITY,
CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at
CONTRACTOR'S sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to CITY, in
the following type(s) and amount(s):
TYPE AMOUNT
1. Workers' Compensation and Statutory
Employer's Liability
NOTE: For building or construction projects, and services provided at City -owned facilities, the successful
Contractor shall meet the minimum requirements defined in the Texas Workers' Compensation Commission
Rule 28 TAC §110.110 which follows this insurance attachment.
2. Commercial General (public) Liability
including coverage for the following:
a.
Premises operations
b.
Independent contractors
C.
Products/completed operations
d.
Personal injury
e.
Advertising injury
f.
Contractual liability
g.
Medical payments
h.
Professional liability*
i.
Underground hazard*
j .
Explosion and collapse hazard*
k.
Liquor liability*
1.
Fire legal liability*
M.
City's property in Contractor's*
care, custody, or control
n.
Asbestos specific liability*
* Not required for this contract
Combined single limit for bodily injury and
and property damage of $500,000 per
occurrence or its equivalent with an aggregate
limit of $1,0001000.
Page 6 — Theatrical Workers Contract — TF0903-63 — Contract Extension 2023
3. Comprehensive Automobile Liability
insurance, including coverage for loading
and unloading hazards, for:
a. Owned/leased vehicles
b. Non -owned vehicles
C. Hired vehicles
4. Errors and Omissions
insurance policy
(when applicable)
Combined single limit for bodily injury and
property damage of $500,000 per occurrence
or equivalent.
Provide a prudent amount of coverage for the
willful or negligent acts or omissions of any
officers, employees or agents thereof.
ADDITIONAL POLICY ENDORSEMENTS
CITY shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may
make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions
(except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any
of such policies). Upon such request by CITY, CONTRACTOR shall exercise reasonable efforts to accomplish such changes in
policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
CONTRACTOR agrees with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will
contain and state, in writing, on the certificate or its attachment, the following required provisions.
a. Name, the City of Beaumont and its officers, employees, and elected representatives as additional insured(s), (as the
interest of each insured may appear) to all applicable coverage.
b. Provide for 30 days' notice to City for cancellation, non -renewal, or material change.
C. Provide for notice to City at the address shown below by registered mail.
d. CONTRACTOR agrees to waive subrogation against the City of Beaumont, its officers, employees, and elected
representatives for injuries, including death, property damage, or any other loss to the extent same may be covered
by the proceeds of insurance.
e. Provide that all provisions of this agreement concerning liability, duty, and standard of care together shall be
underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.
f. For coverages that are only available with claims made policies, the required period of coverage will be determined
by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for
the warranty period) and an extended discovery period for a minimum of five (5) years which shall begin at the end
of the warranty period.
NOTICES
CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty (30) days
prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be
given to CITY at the following address:
Purchasing Division
City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704
SECTION D. Approval, disapproval, or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not
relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither
shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate CONTRACTOR from liability.
Page 7 — Theatrical workers Contract — TF0903-63 — Contract Extension 2023
WORKERS COMPENSATION INSURANCE
for
Building or Construction Projects and Services Provided at City -Owned Facilities
TEXAS WORKERS' COMPENSATION COMMISSION RULE 28, §110.110
As required by the Texas Workers' Compensation Rule 28, §110.110, the Contractor shall accept the following definitions and comply
with the following provisions:
Workers' Compensation Insurance Coverage
A. Definitions:
1. Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued
by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for
the duration of the project.
2. Duration of the project -includes the time from the beginning of the work on the project until the Contractor's/person's
work on the project has been completed and accepted by the City of Beaumont.
3. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing
all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person
contracted directly with the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees
of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"
include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such
as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of
the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the City of Beaumont prior to being awarded the contract.
D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the
Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City of Beaumont showing
that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project, and provide to the City of Beaumont:
1. A certificate of coverage, prior to that person beginning work on the project, so the City of Beaumont will have on
file certificates of coverage showing coverage for all persons providing services on the project; and
2. No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.
F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter.
G. The Contractor shall notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after
the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person
providing services on the project.
H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers'
Compensation Commission, informing all persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
Page 8 — Theatrical Workers Contract — TF0903-63 — Contract Extension 2023
I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to:
1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage
agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that
coverage is being provided for all employees of the person providing services on the project, for the duration of the
proj ect.
3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
4. Obtain from each other person with whom it contracts, and provide to the Contractor:
a. A certificate of coverage, prior to the other person beginning work on the project; and
b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the
coverage period shown on the current certificate of coverage ends during the duration of the project.
5. Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter;
6. Notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after the person
knew or should have known, of any change that materially affects the provision of coverage of any person providing
services on the project; and
7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the
certificates of coverage to be provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the
City of Beaumont that all employees of the Contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case
of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.
K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City
of Beaumont to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of
notice of breach from the City of Beaumont.
As defined by the Texas Labor Code, Chapter 269, Section 406.096(e), building or construction is defined as:
1. Erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related
appurtenance;
2. Remodeling, extending, repairing, or demolishing a structure; or
3. Otherwise improving real property or an appurtenance to real property through similar activities.
The employment of a maintenance employee who is not engaging in building or construction as the employer's primary business does
not constitute engaging in building or construction.
Page 9 — Theatrical workers Contract — TF0903-63 — Contract Extension 2023
CITY OF BEAUMONT
INSURANCE REQUIREMENT AFFIDAVIT
To be Completed By Appropriate Insurance Agent
and submitted with bid proposal.
I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document
have been reviewed by me with the below identified Contractor. If the below identified Contractor is
awarded this contract by the City of Beaumont, I will be able to, within ten (10) days after being notified
of such award, furnish a valid insurance certificate to the City meeting all of the requirements defined in
this bid.
Agent (Signature)
Name of Agency/Broker:
Address of Agent/Broker:
City/State/Zip:
Agent/Broker Telephone #:
CONTRACTOR'S NAME:
Agent (Print)
(Print or Type)
NOTE TO AGENT/BROKER
If this time requirement is not met, the City has the right to invalidate the bid award and award the
contract to the next lowest bidder meeting specifications. Should an awarded bid be invalidated the
Contractor may be liable for breach of contract. If you have any questions concerning these
requirements, please contact the Purchasing Manager for the City of Beaumont at (409) 880-3720.
Page 10 — Theatrical Workers Contract — TF0903-63
Form No. COB1
......
�CERTIFICATE OF INSURANCE Edition Date: 12/12/2018
�r Page 1 of 4
This form is for informational purposes only and certifies that policies of insurance listed below have been issued
to insured named below and are in force at this time. Notwithstanding any requirements, term or condition of
any contract or other document with respect to which this certificate may be issued or may pertain, insurance
afforded by policies described herein is subject to all terms, exclusions and conditions of such policies.
Prior to the beginning of work, the vendor shall obtain the minimum insurance and endorsements specified.
Agents must complete the form providing all requested information and submit by fax, U.S. mail or e-mail as
requested by the City of Beaumont ("COB"). The endorsements listed below are required as attachments to this
certificate; copies of the endorsements are also acceptable. PLEASE ATTACH ALL ENDORSEMENTS TO
THIS FORM AND INCLUDE THE MATCHING POLICY NUMBER ON THE ENDORSEMENT. Only City of
Beaumont certificates of insurance are acceptable; commercial carriers' certificates are not.
This certificate shall be completed by a licensed insurance agent:
Name and Address of Agency:
Phone: /
Name and Address of Insured:
Phone: /
Prime or Sub -Contractor:
Name of Prime Contractor, if different from Insured:
City of Beaumont Reference:
Project Name:
Project Location:
Managing Dept.:
Project Mgr.:
Insurers Affording Coverages:
Insurer A
Insurer B
Insurer C
Insurer D
Page 11 — Theatrical Workers Contract — TF0903-63
V0%r Form No. COB 1
P.. CERTIFICATE OF INSURANCE Edition Date:12/12/2018
Page 2 of 4
INSR
TYPE OF INSURANCE
POLICY
POLICY EFF.
POLICY EXP.
LIMITS OF LIABILITY
LTR
NO.
DATE
DATE
(MM/DD/YYYY)
(MM/DD/YYYY)
Commercial General
Each Occurrence
$
Liability Policy
As defined in the
Policy, does the Policy
General Aggregate
$
provide:
Completed
❑ Yes ❑ No — Completed Operations/Products
Operations/
$
Products Aggregate
❑ Yes ❑ No — Contractual Liability
Personal &
$
Advertising Injury
❑ Yes ❑ No — Explosion
p
Deductible or Self
$
Insured Retention
❑ Yes ❑ No — Collapse
❑ Yes ❑ No — Underground
❑ Yes ❑ No — Contractors / Subcontractors Work
❑ Yes ❑ No — Aggregate Limits per Project Form - CG 2503 0509 or Equivalent ❑ Yes
❑ Yes ❑ No — Additional Insured Form (not construction) - CG 2010 1001 or Equivalent ❑ Yes
❑ Yes ❑ No — Completed Operations Additional Insured Form (construction only) -
CG 2037 1001 or Equivalent ❑ Yes
❑ Yes ❑ No — 30 Day Notice of Cancellation Form - CG 2804 1093 or Equivalent ❑ Yes
❑ Yes ❑ No — Waiver of Subrogation Form - CG 2404 0509 or Equivalent ❑ Yes
INSR
TYPE OF INSURANCE
POLICY
POLICY EFF. DATE
POLICY EXP.
LIMITS OF LIABILITY
LTR
NO.
(M M/DD/YYYY)
DATE
(M M/DD/YYYY)
Pollution /
Occurrence
$
Environmental
Impairment Policy
$
Aggregate
INSR
TYPE OF INSURANCE
POLICY
POLICY EFF. DATE
POLICY EXP.
LIMITS OF LIABILITY
LTR
NO.
(M M/D D/YYYY)
DATE
(M M/DD/YYYY)
Commercial Auto
CSL
$
Liability Policy
As defined in the Policy,
Bodily Injury
$
does the Policy provide:
(Per Incident)
❑ Yes ❑ No — Any Auto
Bodily Injury
$
Per Person
Property
$
❑ Yes ❑ No — All Owned Autos
Damage
Per Accident
Page 12 — Theatrical Workers Contract — TF0903-63
Form No. COB 1
106.66CERTIFICATE OF INSURANCE Edition Date: 12/12/2018
Page 3 of 4
❑ Yes ❑ No — Non -Owned Autos
❑ Yes ❑ No — Hired Autos
❑ Yes ❑ No — Waiver of Subrogation - CA0444 0410 or Equivalent ❑ Yes
❑ Yes ❑ No — 30 Day Notice of Cancellation - CA0244 or Equivalent ❑ Yes
❑ Yes ❑ No — Additional Insured - CA2048 or Equivalent ❑ Yes
❑ Yes ❑ No
INSR
TYPE OF INSURANCE
POLICY
POLICY EFF.
POLICY EXP.
LIMITS OF LIABILITY
LTR
NO.
DATE
DATE
(MM/DD/YYYY)
(MM/DD/YYYY)
Excess Liability
Occurrence
$
❑ Umbrella Form
Aggregate
$
❑ Excess Liability
Follow Form
Workers
❑ Statutory
Compensation &
Employers Liability
As defined in the
Each Accident
$
Policy, does the Policy
provide
❑ Yes ❑ No — Waiver of Subrogation - WC420304
Disease -
$
Policy Limit
❑ Yes ❑ No — 30 Day Notice of Cancellation - WC420601
Disease -
$
Each Employee
Is a Builders Risk or
$
Installation
Insurance Policy
provided?
❑ Yes ❑ No
❑ Yes ❑ No — Is the City shown as loss payee/mortgagee?
Professional Liability
Each Claim
$
As defined in the
Policy, does the Policy
provide:
❑ Yes ❑ No — 30 Day Notice of Cancellation
Deductible or
$
Retroactive Date:
Self Insured
Retention
Page 13 — Theatrical Workers Contract — TF0903-63
moftor
IQ.. Form No. COB1
, CERTIFICATE OF INSURANCE Edition Date: 12/12/2018
:. . Page 4 of 4
AGENT CERTIFICATION:
THIS IS TO CERTIFY TO THE CITY OF BEAUMONT
that the insurance policies above are in full force and effect.
Name of Insurance Company:
Name of Authorized Agent:
Company Address:
Agent's Address:
City: State: Zip:
City: State: Zip:
Authorized Agent's Phone Number (including Area Code):
Original signature of Authorized Agent:
X
Date:
CERTIFICATE HOLDER: DATE ISSUED:
City of Beaumont
P. O. Box 3827 AUTHORIZED REPRESENTATIVE SIGNATURE
Beaumont, Texas 77704-3827 Licensed Insurance Agent
Printed Name:
Page 14 — Theatrical Workers Contract — TF0903-63
RESOLUTION
I I' NO.
I
f ` .r RESOLVED
I I n " i - vlr� " H ' I r , „Y COI I I " � _L �, J,
E, l
CfTY OF rl 0 I :
%,;Vl 'Nl w City I (iI III il � { I M .` II � ` " i+ vuV U a ` rwul 4 y lea , uv. yr I, I V `, I I�rrt , �4 �I � rr I � �
on
nn r jl��j'rM���yQ, � II��^� ' m¢�I�II�I VrJa �IIfI � ,r � � , w�IIII "u�: r, � r�I�' ry�l �, , rf ` , V I ram', , � ''I' U I'p�µ�L� N co,u f011i' ', w ., �I /� yr � � u,' I
uU ". UI% IMY� IM'r �llY . `WYa ' I. r �Po NMi y I . '1W r {` ,. ' r `4 � ' I�jV; '"^4� � 1 Y rill 'U , ffll II , , , 1 r V II'l,�' I P I ,. ,.
anin I VIl vw I " it oU i of $230,000for,
' Ira , " ru r , i r Iu7 d s, lil � aV uI:I , 1 o keI' to a' " I. baad
ulrV ,iAd I ,' rt vi, V( variety 11' dD - r. is I p
,
oYuwv, nt l� s4Ji 'fId's at multiple
iI U1.: v w rt.e I I I ' ,',c , ist'', lryn
I s I I' aI, I �� '�W' II �WJ I i � � ,� V u ,e a �v ,t I a� ry t�i ��� V",va v I�uuu a »' ru I ram.
;� I ;V ,�E � r �wi uu i VI uy I., I Q �., �.. 0 I f I � �' r',,.�� � �.' Ir�''� rVe 1, �n,.
I o
BE
rto; rwr, Im I , I� I'W I RESOLVE O w w the I ffII pp Irby fI V gyp p py'�
- D P� ,r Y-. I' MN ^ ` and. , i V I` !M�`V ll III b
a r.., .d,IIVII fto ; II,er� ,a, ,euu I ,�r t,'ll . with Al rNc.: „
t
I Iu0 "fir the
( ug - w w I . � '` ,� ! I��" �I
l �� V;; ° III � ,, . Texas. r uI k �� I o w w, � �. w, r� � �'" ,u u�; � 1" � ITV, ".
j , �rrry"r u B r um CITY
I ; , '; I : I hf City y U u Beaumont thils e V �� �� � V of u, 1 � � ! Of
�wol
IIW r�
IY ll .I
� l J
i
y r) I �I ��'� I �,
r
r
Page 15 — Theatrical Workers Contract — TF0903-63
RESOLUTION NO. 23-248,
BE 11" CITYGOU'RCII.
OF THEml C(01��'TN` OF BEAUM-,,,,0NT,,,,
Gity Martageir b-e and hre 11,1111SI, hfe,,,:z,re,:,:,by an
Y ttw 0
w If"'i rta,,,,
awgr Ile atf I, [rtc.. Port 'Texas ski[ed temporiirry
k�i (1) ye.,,,,rar, volt1h, tjfw:i.� option to
w-c>i-kers, utize irli tht"t Evuernt. Serrvice-f"t, , IDe;,pl*rtrn,,ent,
i7i.1"'Ifowr I dulif"'it',ig 'ttie" torm of Ih(,.;,o,
41,
0",
rent,,,",m rAW0,(2),0nel 0) year term's, lw� 11 rl,
lt",r ai,c,t.
J Ibe meeting at whIf(,l is, rt,otsolutict"i was apxproved was irt, all thtrligs lc;on,ductec 1"141
Iliance wr h (�wz, T`exxas C),per,. Meert,,irigs. , Acl,,, Tefxas Cculfe,.Chapteirl
PASl!S,*,,IED BY T'I,-'f,E (,",."0UNCIIL of tl City off' Realumont this, the 19thid,lasy l(:),f
21023.,
J01
00
�0(
. ..... . .. .. .. .. . 'A
Ole
, 0ml,
Nf
- MIaylor Ray West -
Qtl
Page 16 — Theatrical Workers Contract — TF0903-63