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HomeMy WebLinkAboutCORRESPONDENCE - RFP - 9062 PLAYGROUND DESIGNER AND MANUFACTURER FOR TRAIL HEAD PARKOfficial Purchasing Document Last updated 10/2017 Professional Services Agreement 9062 Playground Designer and Manufacturer for Trail Head Park Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and CRE8PLAY, a Minnesota Limited Liability Company, hereinafter referred to as the "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit A consisting of two (2) pages, and Exhibit D, consisting of one (1) page, both incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than the week of April 27th, 2020, (per schedule Exhibit E consisting of one (1) page and incorporated herein by this reference, item #9 Installation Instructions). Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Cre8Play, LLC Attn: Todd Lehman 5121 Winnetka Ave., Ste 108 New Hope, MN 55428 City of Fort Collins Attn: Greg Oakes PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, accuracy, technical details, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, specifications, and drawings and shall, without additional compensation, DocuSign Envelope ID: 8AED1820-34B0-4CD4-A23B-DD34D9C6E9AA Official Purchasing Document Last updated 10/2017 Professional Services Agreement 9062 Playground Designer and Manufacturer for Trail Head Park Page 2 of 13 promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The parties recognize and agree the Work hereunder is intended to create final installation instructions for the Trail Head Park play environment design, based on the initial concept in Exhibit D. All design documents shall be complete with dimensions, material selections and specifications. The Professional shall maintain insurance in accordance with Exhibit B, consisting of one (1) page, attached hereto and incorporated herein. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a Payment Milestone schedule in accordance with Exhibit A, Item IV, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Twenty-Five Thousand Dollars ($25,000.00). The amounts of all such payments shall be based upon the Professional's City-verified progress in completing the services to be performed. Non- disputed invoices shall be paid by the City Net 30 days. Final payment shall be made following acceptance of the work by the City. All designs, plans, reports, specifications, drawings and other services rendered by the Professional shall be subject to the limited non-exclusive license set forth below. 6. Ownership of Deliverables. The Professional shall retain full ownership of all designs and deliverables hereunder. Upon final payment, the City shall have a limited, non-exclusive license as set forth in Section 7 below. 7. License. The limited, non-exclusive license granted hereunder shall permit the City and third parties reasonably authorized by the City, to reproduce and utilize the design documents, plans, drawings and specifications developed under this Agreement only for the Trail Head Park play environment anticipated herein and for no other locations. In the event the City utilizes the deliverables and related designs hereunder, without having the Professional manufacture the play environment components, the City shall do so at its sole risk and shall release and waive all claims, demands, damages, causes of action, injuries and all other liabilities against the Professional related to or arising from the City’s use of the deliverables and related designs. This limited, non-exclusive license shall survive termination of the Agreement by default or otherwise. 8. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 9. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as designed. Drawings shall be high-resolution, digital AutoCAD DocuSign Envelope ID: 8AED1820-34B0-4CD4-A23B-DD34D9C6E9AA Official Purchasing Document Last updated 10/2017 Professional Services Agreement 9062 Playground Designer and Manufacturer for Trail Head Park Page 3 of 13 and PDF files. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 10. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 11. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 12. Subcontractors. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the Work of the subcontractor will be subject to inspection by the City to the same extent as the Work of the Professional. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 13. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 14. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the Work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. DocuSign Envelope ID: 8AED1820-34B0-4CD4-A23B-DD34D9C6E9AA Official Purchasing Document Last updated 10/2017 Professional Services Agreement 9062 Playground Designer and Manufacturer for Trail Head Park Page 4 of 13 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 18. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This DocuSign Envelope ID: 8AED1820-34B0-4CD4-A23B-DD34D9C6E9AA Official Purchasing Document Last updated 10/2017 Professional Services Agreement 9062 Playground Designer and Manufacturer for Trail Head Park Page 5 of 13 requirement applies to all third-party vendors and their subcontractors at every tier. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. The Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. The Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that the Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. The Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If the Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, the Professional shall be liable for actual and DocuSign Envelope ID: 8AED1820-34B0-4CD4-A23B-DD34D9C6E9AA Official Purchasing Document Last updated 10/2017 Professional Services Agreement 9062 Playground Designer and Manufacturer for Trail Head Park Page 6 of 13 consequential damages to the City arising out of the Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if the Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. [SIGNATURE PAGE FOLLOWS] DocuSign Envelope ID: 8AED1820-34B0-4CD4-A23B-DD34D9C6E9AA Official Purchasing Document Last updated 10/2017 Professional Services Agreement 9062 Playground Designer and Manufacturer for Trail Head Park Page 7 of 13 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: CRE8PLAY, LLC By: Printed: Title: Date: DocuSign Envelope ID: 8AED1820-34B0-4CD4-A23B-DD34D9C6E9AA 2/26/2020 Todd Lehman Owner Assistant City Attorney ll 2/27/2020 City Clerk Official Purchasing Document Last updated 10/2017 Professional Services Agreement 9062 Playground Designer and Manufacturer for Trail Head Park Page 8 of 13 EXHIBIT A SCOPE OF SERVICES AND COMPENSATION I. THE PROJECT The Project that is the subject of this agreement shall consist of the following scope of work: Design and layout of the play environment in the park known as 9062 Trail Head Park, located in Fort Collins, CO. Includes consultation for purposes to clarify scope of design. This initial communication is followed up with preliminary sketch development to clearly represent suggested theme and communicate Professional’s intended design direction. Upon receipt of preliminary sketches, the City will review and critique initial sketches, in conjunction with the Professional’s staff consultation, in order to clarify and solidify direction for overall project. Also includes additional sets of more detailed drawings of project for review and/or approval. These renderings will be presented in color format. Final installation instructions for the Trail Head Park play environment will be provided to, and approved, by the City prior to final payment. Following the successful completion of this Agreement for design of the play environment, the Professional will enter into a separate Agreement with the City’s Trail Head Park Construction Manager / General Contractor for the manufacture of the Trail Head Park play environment. The Professional acknowledges and agrees the Not To Exceed (NTE) price for the manufacture, shipping, and installation of the play environment shall not exceed $160,000. Installation will be provided by others and not part of the manufacturing processes. As an alternate and not included in the NTE price, the Professional may provide on-site technical support during the installation of the play environment. The price of this alternate is $1,460/day with a minimum of 3 days, as described in Exhibit E. The Professional will provide an itemized budgetary cost estimate for the installation, based on previous experience. The final price will be subject to negotiation and finalized prior to the commencement of installation instructions. II. SERVICES The Professional shall provide design services as specified herein. The Professional shall prepare and present materials to the City that demonstrate or describe the Professional’s intentions and shall prepare various materials, such as artwork, drawings, and specifications. Design shall be developed to meet the U.S. Consumer Product Safety Commission (CPSC) Standards and ASTM standards for public playgrounds. III. DELIVERABLES Professional shall provide deliverables stated in Exhibit E, items 1-9, which include plans, specifications and installation instructions for the Trail Head Park play environment design, based on the initial concept in Exhibit D. All design documents shall be complete with dimensions, material selections and specifications. IV. PAYMENT MILESTONES Payment for the Deliverables shall be in accordance with the below project schedule and milestones set forth in Exhibit E: • First Payment Upon Execution of Agreement: Conceptual design completed and approved by the City (Milestones 1 - 4): $10,850.00 DocuSign Envelope ID: 8AED1820-34B0-4CD4-A23B-DD34D9C6E9AA Official Purchasing Document Last updated 10/2017 Professional Services Agreement 9062 Playground Designer and Manufacturer for Trail Head Park Page 9 of 13 • Second Payment Upon Final Playground Design Approval (Milestones 5 - 7): $10,855.00 • Third Payment Upon Approval of Installation instructions (Milestones 8 – 9): $3,295.00 Total Compensation Not To Exceed: $25,000.00 DocuSign Envelope ID: 8AED1820-34B0-4CD4-A23B-DD34D9C6E9AA Official Purchasing Document Last updated 10/2017 Professional Services Agreement 9062 Playground Designer and Manufacturer for Trail Head Park Page 10 of 13 EXHIBIT B INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing Work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of Work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in Work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of Work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any Work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the Work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Product Liability Insurance. The Professional shall maintain product liability insurance in the amount of $1,000,000. DocuSign Envelope ID: 8AED1820-34B0-4CD4-A23B-DD34D9C6E9AA Official Purchasing Document Last updated 10/2017 Professional Services Agreement 9062 Playground Designer and Manufacturer for Trail Head Park Page 11 of 13 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to- know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 8AED1820-34B0-4CD4-A23B-DD34D9C6E9AA Official Purchasing Document Last updated 10/2017 Professional Services Agreement 9062 Playground Designer and Manufacturer for Trail Head Park Page 12 of 13 EXHIBIT D DocuSign Envelope ID: 8AED1820-34B0-4CD4-A23B-DD34D9C6E9AA Official Purchasing Document Last updated 10/2017 Professional Services Agreement 9062 Playground Designer and Manufacturer for Trail Head Park Page 13 of 13 EXHIBIT E Trail Head Park 1. Project Kick-Off meeting [Timeline week of February 10th, 2020] a) Overall review of the project b) Outline the project scope c) Outline design intent, with the client and its agent 2. Start of playground design [Timeline February 24th to March 6th, 2020] a) Playground design based on Kick-Off Meeting criteria 3. First review of playground design [Timeline week of March 9th, 2020] a) Client to review playground design b) Client and its agent to comment on design 4. Revisions of playground design [Timeline week of March 16th, 2020] a) Revisions made to playground design, based on review comments b) Preliminary costing, based on revisions 5. Second review playground design [Timeline week of March 23rd, 2020] a) Client to review playground design, based on first revisions b) Client to review costing, based on first revisions 6. Final playground design approval [Timeline week of March 30th, 2020] a) Final design approvals b) Final costing approvals 7. Shop drawings process / Installation instructions [Timeline April 6th to April 17th, 2020] a. Start of shop drawings based on final design and costing approvals 8. Shop drawings / Installation instructions reviewed [Timeline April 20th, 2020] a. Client and clients agent to review shop drawings 9. Final shop drawings / Installation instructions [Timeline April 2 7th, 2020] a. Completion of shop drawings for production 10. Material ordering [Timeline May 4th to May 29th, 2020] a. Purchasing of custom manufactured materials b. Purchasing of stock material 11. Start of manufacturing process [Timeline June 1st to August 28th, 2020] 12. Manufacturing reviewing process [Timeline week of J uly 27th, 2020] a. Review manufacturing process with client 13. Shipping process [Timeline week of August 31st, 2020] 14. Installation process (by others) [Timeline September 7th to September 25th, 2020] a. Installation technician to assist in installation process , optional additional cost To Be Determined (TBD) based on final design and reflected in general contractor's contract. Daily rate; $1,460.00 with a minimum of three, (3), days. 5121 Winnetka Ave. North. Suite 108 New Hope, MN. 55428 Page 1 of 1 DocuSign Envelope ID: 8AED1820-34B0-4CD4-A23B-DD34D9C6E9AA CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THIS CERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIES BELOW. THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy(ies)mustbeendorsed.IfSUBROGATIONISWAIVED,subjectto thetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthiscertificatedoesnotconferrightstothe certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED. NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSRWVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (PER ACCIDENT) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN See below Alternate Employer Endorsement in favor of Cre8Play, LLC, 5121 Winnetka Avenue N, Suite 108 New Hope, MN 55428 BCNADM1 2/26/2020 USI Insurance Services National, Inc. Commercial Lines - (248) 353-5800 248.353.5800 610.537.2371 USI Insurance Services LLC 4000 Town Center, Suite 800 Southfield, MI 48075 Amerisure Mutual Insurance Co. 23396 BCN Advantages, Inc. 3650 W. Liberty Ann Arbor, MI 48103 14838270 A WC2085634 12/01/2019 12/01/2020 X 500,000 N 500,000 500,000 The City of Fort Collins attn: Purchasing Dept PO Box 580 Fort Collins CO 80522 DocuSign Envelope ID: 8AED1820-34B0-4CD4-A23B-DD34D9C6E9AA ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CRE8P-1 OP ID: JH 02/26/2020 Mark J. Schadow, C.I.C. AmeriStar Agency, Inc. 800 E. Wayzata Blvd. #250 Wayzata, MN 55391 Mark J. Schadow, C.I.C. 763-542-8377 763-542-8977 Cincinnati 10677 CRE8PLAY, LLC 5121 Winnetka Ave N. New Hope, MN 55428 1,000,000 A X CSU0066381 01/17/202001/17/2021 100,000 X 5,000 1,000,000 X Hired & Nonowned CSU0066381 01/17/202001/17/2021 2,000,000 2,000,000 X X 1,000,000 A X CSU0104755 01/17/202001/17/2021 1,000,000 City additional of Fort insured. Collins, Early its officers, Cancellation agents is and included employees are listed as FORFOCO City of Fort Collins P O Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 8AED1820-34B0-4CD4-A23B-DD34D9C6E9AA