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Item 4G CITY OF SOUTHLAKE MEMORANDUM February 7, 2017 To: Shana Yelverton, City Manager From: Sharen Jackson, Chief Financial Officer Timothy Slifka, Purchasing Manager Subject: Item 4G Approve Contract Renewal for Tree Services with Smith Lawn and Tree Action Requested: Approve contract renewal for tree services with Smith Lawn and Tree (Primary without Arborist). Background Information: In. February 2015 the City Council approved this contract for citywide tree services. This contract includes the City of Keller and City of North Richland Hills as participating cities. The City of Southlake is the lead agency. The contract includes service requirements from each of the cities. By combining these individual city services together under one contract we all benefit from the expanded purchasing power. This is the second renewal of this awarded contract. In FY 2016 Southlake spent $175,000 on these services. With the addition of the services of the cities of Keller and North Richland Hills the total amount spent by all cities is pushed to $270,000 per year. This combining of services provides all three cities with additional purchasing power. Vendor rates are being held at original 2015 contract rates. No increase is requested at this renewal. This multi-city contract provides all tree services for the City of Southlake, City of North Richland Hills and City of Keller to include; e Tree Pruning Roadway Right of Way clearing 4 Tree removal t Tree and brush debris removal e Stump grinding o Tree and brush fertilization services t Tree and brush pesticide services This contract includes tree services requiring an arborist. Financial Considerations: Costs for City of Southlake tree services are funded through budgeted department maintenance accounts. FY 2016 disbursements were $175,000. FY 2017 Budgeted amount $200,000. Strategic Link: Cl —Achieve the highest standards of safety and security. C2 — Provide travel convenience within the city and region C3 — Provide attractive and unique spaces of enjoyment of personal interests 132—Collaborate with select partners to implement service solutions Citizen Input) Board Review: None Legal Review: Attorney reviewed original proposal documents as to form Alternatives: Deny approval and re-bid citywide tree services Supporting Documents: Contract documents Staff Recommendation: Approve contract renewal for this multiple city service. CHY S,rj SOUTHLAKE January 23,2017 The Paysage Group LLC dba Smith Lawn and Tree 3200 Handley Ederville Rd. Richland Hills,Texas 76118 Attn: Mr. Russell Simpler Subject: Notification of Contract Renewal for Tree Services for City of Southlake RFP1409B200TS1400 i2 Dear: Mr, Simpler: The City of Southlake is providing notification of contract renewal,pending City Council approval,for"Tree Services for City of Southlake RFP 1409B200TS 140012".This renewal shall become effective February 17,2017 pending City Council approval(CC Award date }and shall continue in full force based on the terms and conditions of the initial award. The terms and conditions proposed and accepted in this renewal agreement are as follows: Line items Awarded: All Items Primary Vendor without arborist per department needs Payment Terms: Net 30 days(Unless otherwise noted--such as pre-and/or partial payment) Method of Payment: Shall be made by purchasing card or purchase order. Delivery Terms: FOB Destination Delivery Locations: IF STATED IN RFB DOCUMENT Term of Contract: Shall be effective for twelve months from date of renewal and is eligible for up to Lwo(2)more one(l)year annual renewals. City Contact: Tim Slifka 817-748-8312 Send all billing to: City of Southlake 1400 Main Street,Suite 440,Accounts Payable Southlake,TX 76092 or Email:-iccountsuayable eiFci.southlake.tx.us Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state,and local sales taxes. All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817-748-8312 with any questions. Sincerely, Tim Slifka Purchasing Manager CPPD,CPPB City of Southlake 1400 Main Street,Suite 440 Southlake,Texas 76092 tslifkaf ci.southlake.t,,.uS Attest: Fax:817-748-8048 Lori Payne,TRMC Contract Renewal Accepted: City Secretary Signed: Date: Approved as to Fonn and Legality: Mayor Laura Hill City of Southlake City Attorney cr„ror ORIGINAL DOCUMENT SCUI7- _J°11 E CITY OF SOUT�KE Council Actio Y Ord,/Res.No. December 30,2015 Date Approved The Paysage Group LLC dba Smith Lawn and Tree 3200 Handley Ederville Rd. Richland Hills,Texas 76118 Attn: Mr.Russell Simpler Subject: Notification of Contract Extension for Tree Services for City of Southlake RFP1409B200TS140012 Dear: Mr.Simpler: The City of Southlake is providing notification of contract extension,pending City Council approval,for"Tree Services for City of Southlake RFP1409B200TS140012".This extension shall become effective February 17,2016 pending City Council approval(CC Award date A-a—J(p )and shall continue in full force based an the terms and conditions of the initial award. The terms and conditions proposed and accepted in this renewal agreement are as follows: Line Items Awarded: All Items Primary Vendor without arborist per department needs Payment Terms: Net 30 days(Unless otherwise noted—such as pre-and/or partial payment) Method of Payment: Shall be made by purchasing card or purchase order. Delivery Terms: FOB Destination Delivery Locations: IF STATED IN RFB DOCUMENT Term of Contract: Shall be effective for twelve months from date of renewal and is eligible for up to three(3) more one(1)year annual renewals. City Contact: Tim Slifka 817-748-8312 Send all billing to: City of Southlake 1400 Main Street,Suite 440,Accounts Payable Southlake,TX 76092 or Email:accounts a able ci.southlake.tx.us Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state,and local sales taxes. All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake_ Thank you for participating in our procurement process. Please call 817-748-8312 with any questions. Sincerely, Tim Slifka Purchasing Manager PPO,CPPB `+++'pVS�N•1 City of Southlake ci 0. •.��`� 1400 Main Street,Suite 440 Southlake,Texas 76092 tslifka 6.southlake.tx.us Attest: }' Fax:817-748-8048 Lori Payne TRMC '••••''' +� Contract Rene al Accepted: r City Secretary ''�•,,,j„ ,,,r Signed Date: a20 E(y Approved as to Form and Leg May Laura Hill City of South lake City Attomey C-Xr'`°`" C�. '; '.t. DOCUMENT 19 +: .:., .::� .'+•.:I ion Y February 11,2015 The Paysage Group LLG dba Smith Lawn and Tree 3200 Handley Ederville Rd. Richland Hills,Texas 76118 Attn: Mr. Russell Simpler Subject: Award of Contract for Tree Services for City of Southlake RFP1409B200TS140012 Dear Mr,Simpler: The City of Southlake is pleased to inform you that The Paysage Group LLC dba Smith Lawn and Tree of Richland Hills,Texas is the Secondary awarded vendor for 'Tree Services for City of Southlake RFP1409B2DDTS140012' without arborist. The award and this agreement are based on your proposal submission, copy enclosed. This is a multiple vendor award contract. xour com any's is the Secondary vendor for this contract. This award was approved by the City of Southlake City Council on oL f�•M The terms and conditions proposed and accepted in this agreement are as follows: Line Items Awarded All items Secondary Vendor without Arborist per deparfmont needs. Payment Terms' Net 30 days(Unless otherwise noted–such as pre-and/or partial payment) Estimated Quantities: The City does not guarantee to purchase any minimum or maximum quantity but does contemplate purchasing the awarded items exclusively during the term of the contract from the successful vendors. Method of Payment: Shall be made by City procurement card or purchase order Delivery Terms: FOB Destination Delivery Locations: Vendor Delivery or City employee pick-up. Term of Contract: The term of awarded contract shall remain in effect for twelve months from date of initial City Council approval and is eligible for up to four(4)one(1)year annual renewals. City Contact: Tim Slifka 817-74B-8312 Send all billing to: City of Southlake 1400 Main Street,Suite 440,Accounts Payable Southlake,TX 76092 or via email to accountspayableCcDd.southlake.tx.us Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state,and local sales taxes. All other specifications,terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call B17-748-8312 with any questions. ,O (\ Sincerely, �- fc_fi�L V 1`ti111i 1111111f11 Tim Slifka,CPPO,CPP Purchasing Manager ;,�`��e•je°•0•e••+�'�, City of Southlake k a 1400 Main Street,Suite 440 1 p: °•,-y'; Southlake,Texas 76092 ;N tslifka(a)ci.southlake.tx.us Attest:—YOU ; Fax:817-748-8048 Lori Payne,TRM '••4.,•••e� Contract and Award Accepted: City Secretary 'r�r11r1111N+ Signed: Date: '/ a�J Approved as Form�and ality: Mayor John Terrell ?( I City of Southlake City Atto Appendix B — Proposal Submittal Checklist: (To determine validity of proposal) Appendix B(pages_9_through_20J must be included in the proposal submittal Appendix C Conflict of Interest Form(page 20,must be included in the proposal submittal. Vendor Vehicle and Equipment List Arborist Certification Information iIM1,1nTMIT111rin RFP Number. RFP1409B200TS140012 Project: roject Title: PROVIDE TREE SERVICES Sub 3:00 P.M. (CST), FRIDAY NOVEMBER 14,2014 Deadii ne: 5_ _ mA-electronically* to: wwwsecurcbidusa.com Requires.. email account logim log' and sword. iNsrm>A The Paysage Group LLC dba Smith Lawn and Tree 3200 Handley Ederville Rd RIC111and MIS, city,SiAft& Pa3er>tLFsp16yers 26-2604447 Ideatfie tim Number# - - � P�Number. 817-501-6210 817-595-7334 - yle+>a : russell@smittllawnandtree.com Proposer Asrtborkadaou 1,the nnder*p&4 bsr'e the asrtlyoridy to CUCTI a this Propoul in its eutirety sls sabaWW aadi enter kw s wstrad on behalf of tht Preposer. Printed Mame and Position of Autl:Kni� Representative: Russell S[Rlp� 'f Signaumc of Auftwind Rspte�e. signed this 14 fey)of NOyt-tuber {month), 2014 (ym) 1 learned of this Request for Proposals by the following means: ❑ Newspaper Advertisement ® City E-mail Notification ❑ Southlake Website ❑ Cold Call to City ❑ Mailed tole a Copy ❑ Other ❑ SecureBid City of southlake RFP140913200"TS140012 Page 9 of 21 Appendix B--Proposal(continued) L REOUIRED PROPOSAL INFORMATION. IN ORDER FOR A PROPOSAL TO BE CONSIDERED COMPLETE,AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE CITY,PROPOSER MUST SUBMIT ALL OF THE FOLLOWING INFORMATION: 1. Proposed Products and/or Services A_ Product or Service Description: Proposers should utilize this section to describe the technical aspects, capabilities, features and options of the product and/or service proposed in accordance with the required Scope of Services as identified in Appendix A. Promotional literature, brochures,or other technical information may be used. B. Additional Hardware Deserigtions: Proposers should also include in this section a detailed description of what additional hardware and/or software, if any, would be required by the-City in order to fully utilize the goods and/or services proposed. C. Guarantees and Warranties: Each Proposer shall submit a complete copy of any warranties or guarantees provided by the manufacturer or Proposer with the Proposal submitted. D. Project Schedule/DeliyeryDate: Proposer must provide a project schedule noting all projected completion dates for segments of the Project,from start-up to completion,and all delivery dates for goods covered by the RFP. The Proposal must show the number of days required to deliver and install the product or equipment after the receipt of the City's Purchase Order. 2. Cost of Proposed Products andlor Services A. Pricin : Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated cost for delivery,labor,insurance,taxes,overhead,and profit. B. Schedule of Pricin : Proposer shall quote unit pricing in accordance with the itemized listing of products or contract segments stated in the Scope of Services and using the following formal: SERVICES WITH CERTIFIED ARBORIST ON STAFF 1. 1 Pruning Services Tree Pruning Services with a Two(2)Man Crew and Equipment er Sco a of Services $ /hour Tree Pruning Services with a Three(3)Man Crew and Equipment er Scope of Services $ /hour Tree Pruning Services with a Four(4)Man Crew and Equipment er Scope of Services $ /hour 2. Right-of-Way Clearance Roadway Right of Way Clearing Per Scope of Services $ manthour 3. Tree Removal Services 2 man crew(1)tree climber—(1)ground man $ /hour 3 man crew(2)tree climber—(I)ground man $ /hour Other Crew configuration.Please list. $ /hour City of Southlake - RFP1409B200TS140012 - Page 10 of 21 4. Stump Grinding Stump Grinding to Include All Stumps Regardless of Diameter Per Sco a of Services $ /inch 5. Certified Arborist Cost per hour for Certified Arborist to perform or supervise work as required or requested per Scope $ per hr. of Services 6. Fertilization and Pesticide Application $ /inch Fertilization--soil injection/foliar $ /sq•ft $ Igallon $ /inch Pesticide Application—soil injection/foliar $ /sq.ft $ !gallon 7. Travel Charge Al I vendor travel charges should be included in $ per mile hourly rates listed above. If they are not please list travel charge r mile. after miles 8. Other Vendor Fees Other Vendor Fees as Required.Please Describe. $ $ City of Southlake - RFP1409B200TS140012 - Page 11 of 21 SERVICES WITHOUT CERTIFIED ARBORIST ON STAFF 7 1. PruningServices Tree Pruning Services with a Two(2)Man Crew and Equipment per Scope of Services $ 125 /hour Tree Pruning Services with a Three(3)Man Crew and ui ment r Sco of Services $ 65 /hour Tree Pruning Services with a Four(4)Man Crew and Equipment per Scope of Services $ 95 /hour 2. Right-of-Way Clearance Roadway Right of Way Clearing Per Scope of Services $ 65 manthour 3. 1 Tree Removal Services 2 man crew(1)tree climber—(1)ground man $ 125 /hour 3 man crew(2)tree climber—(1)ground man $ 165 /hour Other Crew configuration.Please list. 2 climbers, 2 groundsmen $ goo /hour 4. Stump Grinding Stump Grinding to Include All Stumps Regardless of Diameter Per Scope of Services $ 3 /inch S. Fertilization and Pesticide Application $ 7.25 /inch Fertilization—soil injection 1 foliar $ .16 /sq.fl $ 2.25 /gallon $ 9A0 /inch Pesticide Application—soilinjection/foliar $ .31 /sq.ft $_____L25 /gallon 6. Travel Charge All vendor travel charges should be included in $ 1.50per mile hourly rates listed above. If they are not please list after 50 miles travel charge per mile. 7. Other Vendor Fees Other Vendor Fees as Required.Please Describe. $ City ofSouthlake - RFP1409B200TS140012 Page 12 of 21 3. Term of Contract and Option to Extend Any contract resulting from this RFP shall be effective for twelve months from date of award. The City anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion of the City. The following clauses shall be included in the contract.- A, ontract:A, Option Clause: It is agreed that City will have the option to extend the contract for up to four(4) additional years, in one-year intervals. To exercise this option,the City shall serve notice 30 days prior to contract termination or to the end of any one-year extension.The Option to Extend will not be considered if funding is unavailable or if the contractor's past performance is not within the industry standard. B. Escalation Clause: Should market conditions prevail which dictate an increase, the successful contractor may submit documentation requesting permission to increase pricing no later than 30 days after receiving notice from the City of its intent to extend the agreement.Escalation may only occur at the time of renewal and only upon securing the approval of the City in writing. Requests for price adjustments must be solely for the purpose of accommodating an increase in the contractor's cost,not profits. Vendors shall show in this quote their anticipated percent of escalation if/when the option to extend is exercised. The percent quoted will be a maximum. In addition,the percentage proposed will be a factor in determining the best value to the City. It is the average price over the period of the contract that will be the price factor considered in the evaluation of this quote.Quotes in which negative or no escalation is shown will be considered as 0%escalation. C_ Price Increases Upon Extension: If approved by the City, the Contractor shall modify the rates charged by the Contractor to reflect any changes shown in the comparative statement delivered to the City. The maximum increase allowed under this provision shall be four percent(4%)per year. The City shall have authority, in its reasonable discretion, to determine the validity of any change in Contractor's rates.City cannot exercise the Option to Extend with any price increases unless the Vendor completes the section of the Quote requesting anticipated percentage of annual escalation. FIRST ADDITIONAL YEAR(FY 2015-2015)ESCALATION........................... --021- SECOND 0_%SECOND ADDITIONAL YEAR(FY 2016-2017)ESCALATION................. 0 THIRD ADDITIONAL YEAR(FY 2017-2018)ESCALATION ......................... 0 % FOURTH ADDI'T'IONAL YEAR(FY 2018-2019)ESCALATION...................... 0 % 4. Proposer's Experience/Staff A. Project Team: Identify all members of the Proposer's team (including both team members and management) who will be providing any services proposed and include information which details their experience. B. Removal or Replacement of Staff If an assigned staff person must be removed or replaced for any reason,the replacement person must be approved by City prior to joining the project. C. Business Establishment: State the number of years the Proposer's business has been established and operating. If Proposer's business has changed names or if the principals operating the business operate any similar businesses under different names, or have operated any other businesses or changed the legal status or form of the business within the last live (5) years, all names, of predecessor business names, affiliated entities, and previous business entities operated by the principals,if different than present,must be provided; City of Southlake - RM409B200TS140012 Page 13 of 21 State the number of years experience the business has: 17 ; and the number of employees: 80 D. Project Related Experience: All Proposals must include detailed information that details the Proposer's experience and expertise in, providing the requested services that demonstrates the Proposer's ability to logically plan and complete the requested project. 5. References Proposer shall provide four(4)references where Proposer has performed similar to or the same types of services as described herein. Reference#1: Client/Company Name: All Saints Episcopal School Contact Name: Jim Osborne Contact Title: Grounds &upervisor Phone: 682-225-5658 Email: jimosborne@aseschool.org Date and Scope of Work Provided: Various Tree and Landscape Services since 2009 Reference 42: Client 1 Company Name: Texas Military Forces ContaetName: Nate Praskey Contact Tit ie: aCl I Ity M gm Phone: 512-782-5001x4400 Email:herbert.n.praskey.nfg@mail.mil Date and scope of work Provided: Various Tree Projects since 2013. Reference#3: Client/Company Name: Tlmarron HOA Contact Name: Monika Loeffler Contact Title: Propertymanager Phone: 817-424-3027 Email: mloeffler@principal-mgmt.com Date and scope of work Provided:Various Tree Trimming and Removal Projects since 2008. Reference#4: Client/Company Name: U5 Postal Service Contact Name: Linda W. Crow Contact Title: Contract Technician Phone: 817-317-3592 Emaa-. linda.%v.crow@usps.gov Date and Scope of Work Provided: Tree Trimming, Spraying, Removal Various Projects Since Summer 2013 City of Southinke - RFP1409B200TS140012 Page 14 of 21 6. Trade Secrets and/or Confidential Information Trade Secrets and/or Confidential Information: This proposal_(does) x (does not)contain trade secrets and/or confidential information. If applicable, describe such trade secrets and confidential information, and the basis for your assertion that such material qualifies for legal protection from disclosure. 7. Cooperative Governmental Purchasing Notice Other governmental entities maintaining interlocal agreements with the City, may desire, but are not obligated, to purchase goods and services defined in this RFB from the successful Bidder. All purchases by governmental entities, other than the City, will be billed directly to and paid by that governmental entity. The City will not be responsible for another governmental entity's debts. Each governmental entity will place their own orders with the successful Bidder and be responsible for ensuring full compliance with the AFB specifications. Prior to other governmental entities placing orders,the City will notify the successful Bidder of their intent. Please indicate below if you will permit other governmental entities to purchase from your agreement with the City. [x] Yes, Others can purchase; [ ]No, Only the City can purchase. s. Federal,State and/or Local Identification Information A. Centralized Master Bidders List registration number: B. Prime contractor HUB/MWBE registration number: C. An individual Proposer acting as a sole proprietor must also enter the Proposer's Social Security Number:# - - 11. CONTRACT TERMS AND CONDITIONS. EXCEPT WHERE PROPOSER MARES SPECIFIC EXCEPTION IN THE SUBMITTED PROPOSAL,ANY CONTRACT RESULTING FROM THIS RFP WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH PROPOSER HEREBY ACKNOWLEDGES, AND TO WHICH PROPOSER AGREES BY SUBMITTING A PROPOSAL: 1. Delivery of Products and/or Services A. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City,payment terms for the City are Net 30 days upon receipt of invoice. B. Warranty of Products and Services:All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Proposal,to the satisfaction of City and in accordance with the specifications, terms, and conditions of the Scope of Services,and all services performed shall be warranted to be of a good and workmanlike quality,in addition to,and not in lieu of,any other express written warranties provided. C. Late Delivery or Performance: If Proposer fails to deliver acceptable goods or services within the timeframes established in the Project Schedule,the City shall be authorized to purchase the goods or services from another source and assess any increase in costs to the defaulting Proposer, who agrees to pay such costs within ten days of invoice. D. Title to Goods and Risk of Loss: For goods to be provided by Proposers hereunder,if any,the title and risk of loss of the goods shall not pass to City until City actually receives, takes possession, and accepts the goods and the installation of such goods,has tested the system,and determined that it is in good and acceptable working order. City of Southlake - RFP1409B200TS140012 Page 15 of 21 2. Miscellaneous A. Independent Contractor: Proposer agrees that Proposer and Proposer's employees and agents have no employer-employee relationship with City. Proposer agrees that if Proposer is selected and awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will City furnish any medical or retirement benefits or any paid vacation or sick leave. B. Assignments: The rights and duties awarded the successful Proposer shall not be assigned to another without the written consent of the Purchasing Manager. Such consent shall not relieve the assigner of liability in the event of default by the assignee. C. Liens: Proposer shall indemnify and save harmless the City against any and all liens and encumbrances for all labor,goods,and services which may be provided to the City by Proposer or Proposer's vendor(s),and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. D. Gratuities / Bribes: Proposer certifies that no bribes in the form of entertainment, gifts, or otherwise,were offered or given by the successful Proposer,or its agent or representative,to any City officer,employee or elected representative, with respect to this RFP or any contract with the City,and that if any such bribe is found to have been made this shall be grounds for voiding of the contract E. Financial Participation: Proposer certifies that it has not received compensation from the City to participate in preparing the specifications or RFP on which the Proposal is based and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate. F. Required Licenses:Proposer certifies that be holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein. G. Authority to Submit Proposal and Enter Contract: The person signing on behalf of Proposer certifies that the signer has authority to submit the Proposal on behalf of the Proposer and to bind the Proposer to any resulting contract. H. Compliance with Applicable Law: Proposer agrees that the contract will be subject to, and Proposer will strictly comply with, all applicable federal, state, and local laws, ordinances, rules, and regulations. 3. Financial Responsibility Provisions A. Insurance: The Proposer, consistent with its status as an independent contractor, shall cavy, and shall require any of its subcontractors to carry,at least the following insurance in such form, with such companies,and in such amounts(unless otherwise specified)as City may require: i. Worker's Compensation and Employer's Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas; ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insureds, and Broad Form General Liability Endorsements, for at least One Million Dollars($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis; City of Southlake - RFP1409B200TS140012 Page 16 of 21 iii. Comprehensive Automobile Liability insurance covering all owned, non-owned or hired automobiles to be used by the Contractor, with coverage for at least one Million Dollars ($1,000,000)Combined Single Limit Bodily Injury and Property Damage. B. Indemnification: Proposer agrees to defend, indemnify and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions,suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses,arising out of,connected with,or resulting from any acts or omissions of Proposer or any agent, employee, subcontractor,or supplier of Proposer in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees. City ofSouthlake RTP 140914200TS140012 Page 17 of 21