Item 4B - MemoCity of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
M E M O R A N D U M
November 1, 2023
To: Shana Yelverton, City Manager
From: David Miller, Director of Community Services
Subject: Approve purchase with Texas Air Systems in an amount not to exceed
$135,000 for the replacement of pool heaters at Champions Club.
Action
Requested: Approve purchase with Texas Air Systems in an amount not to
exceed $135,000 for the replacement of pool heaters at Champions
Club.
Background
Information: The purpose of this item is to consider funding for replacement
Leisure Pool, Toddler Pool, Spa heaters at The Marq Southlake.
FY22 was the first year of the equipment replacement cycle and each
subsequent year there is designated equipment for replacement.
The type of equipment being replaced at each point in the cycle has
been identified based on standard length of life, equipment usage,
and type of equipment.
Pool heaters were scheduled for replacement in FY27 based upon
factory recommended length of life. This past year we experienced a
critical failure in two of the pool heaters. After an inspection from
Texas Air Systems and the manufacturer, full replacement of all three
pool heaters and ventilation systems was recommended.
Texas Air Systems provides Heating, Ventilation, and Air
Conditioning (HVAC) services at all city facilities and has provided
satisfactory services to the The Marq Southlake since 2016.
In FY 24 Staff recommends the purchase of replacement Leisure
Pool, Toddler Pool, and Spa heaters at The Marq Southlake through
Texas Air Systems.
Item 4B-1
Shana Yelverton, City Manager
Meeting Date – November 7, 2023
Page 2 of 2
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Financial
Considerations: Funding in the amount of $135,000 is approved within the FY2022
CEDC CIP budget.
Strategic Link: This item is linked to the City’s Strategy Map related to the focus area
of Performance Management and Service Delivery and meets the
corporate objective to Invest to provide & maintain high quality public
assets.
Citizen Input/
Board Review: CEDC recommended approval (5-0) on October 24, 2023
City Council consideration November 7, 2023
Legal Review: N/A City Attorney Review Not Required
Alternatives: Alternatives may include the following:
•Approve funding for purchase as presented
•Approve funding for purchase with revisions
•Decision not to approve funding of purchase
Supporting
Documents: Texas Air Systems Quote
The Interlocal Purchasing System Contract with Texas Air Systems
Recommendation: City Council approval of funding with Texas Air Systems for pool
heater replacements in an amount not to exceed $135,000.
.
Item 4B-2
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Date: 10/18/2023
To: The Marq - City of Southlake
By: TJ Tuttle & Kyle Smith
Project: Replace (3) Pool Hot Water
Boilers TIPS # 22010601
PRICING SUMMARY
DESCRIPTION QTY TAGGING TOTAL NET PRICE
Replace (3) Pool Hot Water Boilers 3 Boiler 1-3 $127,106.67 excluding tax
*FOB Factory, Full Freight Allowed, Tax Not Included
•Arrive on-site and check in with City of Southlake personnel
•Demo of existing boilers and flue pipe
•Provide and install (1) Lochinvar Pool Heater 990K BTU boiler and accessories
•Provide and install (1) Lochinvar Pool Heater 750K BTU boiler and accessories
•Provide and install (1) Lochinvar Rite Pool & Spa Heater 150K BTU boiler and accessories
•Use of existing water piping
•Use of existing electrical
•Use of existing gas pipe
•Use of existing controls
•Installation of new flue pipe for all 3 boilers
•Provide factory startup and check for proper operation
•Clean up work site and walk job with customer
Notes & Exclusions:
1.Integrity of valves, disconnects, and switches.
2.Any work not specifically described above is not included in this proposal.
3.All work to be performed during normal working hours Monday-Friday. (Unless overtime adder is selected)
4.Pricing does not include payment/performance bonds.
5.No Wall Cutting Patching or Painting.
6.Quote is valid for 60 days.
7.Fire System.
Item 4B-3
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Texas AirSystems, LLC.Terms and ConditionsSale of Parts, Devices and Services
Company: The Company as used herein shall mean Texas AirSystems LLC.. or one of its subsidiaries or affiliates as elsewhere stated herein (herein after “Texas AirSystems” or “Company”).
Price Policy: Prices of the goods may be increased depending on the date of release and/or shipment of the order, announced increases in the Company’s list prices, or increases in labor and material cost. Quotes are valid for a maximum period of 30 days unless otherwise noted.
Terms of Payment: Terms of payment are subject at all times to prior approval of the Company’s credit department. Terms of payment are net 30 days of the date of invoice unless previously otherwise agreed in writing. If at any time the financial condition of the Purchaser or other circumstance affecting the credit decision, in the Company’s opinion, does not justify continuance of production or providing of products, or shipment of products on the terms of payment specified, the Company may require full or partial payment in advance, or may at its sole discretion stop or delay production or shipment of products. In the event of default in payment, Purchaser agrees to pay all costs of collection incurred by Company including but not limited to collection agency fees, attorney fees and court costs. All past due amounts shall bear interest at the highest rate allowed by law. Texas AirSystems retains all rights to enforce lien and/or claim opportunities in accordance with respective states and federal laws to protect Texas AirSystems interests. Shipping terms and dates: All shipments will be made F.O.B. factory or Texas AirSystems warehouse with freight as quoted. Shipment dates are only estimates. No contract has been made to ship in a specified time unless in writing, and signed by an officer of the Company. Claims: The responsibility of the Company for all shipments ceases upon delivery of goods in good order to the carrier. Since all goods are shipped at Purchaser’s risk, any claims for damage or shortage in transit must be filled by Purchaser against the carrier. Claims for factory shortages will not be considered unless made in writing to the Company within ten (10) days after receipt of the goods and accompanied by reference to the Company’s bill of lading and factory order numbers. Taxes: The amount of any present or future taxes applicable to the product shall be added to the price contained herein and paid by the Purchaser in the same manner and with the same effects as if originally added thereto. If Customer is exempt in accordance with law, Customer shall provide Texas AirSystems with acceptable tax exemption certificates. Cancellations: Accepted orders are not subject to cancellation without the Company being reimbursed for any and all expenses, and being indemnified by Purchaser against any and all loss. Returned Goods: Goods may not be returned except by permission of an authorized Company official at Irving, Texas, when so returned will be subject to handling and transportation charges. Authorized return goods must be shipped prepaid to the location designated by the
authorization. A Texas AirSystems “Return goods Authorization” must be fully completed and authorized by Texas AirSystems for all returned goods. Terms of Sale: Sale of goods covered hereby to Purchaser is made solely on the terms and conditions set forth herein, notwithstanding any additional or conflicting terms and conditions that may be contained in any purchase order or other form or purchase, all of which additional or conflicting terms and conditions are hereby rejected by the Company unless agreed upon in writing by an officer of the Company. No waiver, alteration or modifications of the foregoing terms and conditions shall be valid unless made in writing and signed by an authorized official of Texas AirSystems, LLC. In particular and without limiting the foregoing, not withstanding anything to the contrary in Purchaser’s purchase order or any other documents, the Company does not accept any order subject to project design and specifications. Purchaser agrees to accept full and sole responsibility to determine whether the product ordered by Purchaser meets the design and specifications requirements of any project. Asbestos and Hazardous Materials: Texas AirSystems services expressly exclude any indemnification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, “Hazardous Materials”). Should Texas AirSystems become aware of or suspect the presence of Hazardous Materials, Texas AirSystems may immediately stop work in the affected area and shall notify customer. Customer will be responsible for taking any and all action
necessary to correct condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Texas AirSystems. Texas AirSystems shall be required to resume performance of the services only when the affected area has been rendered harmless. Indemnity: Texas AirSystems shall not in any event be liable to the customer or to third parties for any incidental, consequential, indirect or special damages, including but not limited to, loss of property or equipment use or efficiencies or loss of profits or revenue arising from any cause what so ever including, but not limited to any delay, act, error or omission of Texas AirSystems. In no event shall Texas AirSystems be liable for any damages resulting from mold, fungus, bacteria, microbial growth, or other contaminates or airborne biological agents. In no event will Texas AirSystems liability for direct or compensatory damages exceed that payment received by Texas AirSystems from customer for the specific product/part from this specific sales order under this agreement. Available only in the United States: Equal Employment Opportunity/Affirmative Action Clause: Texas AirSystems is a federal contractor which complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations
contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250
This agreement is governed and construed in accordance with the laws of the State of Texas.
Item 4B-4
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Limited Warranty: Defective parts must be returned to Texas AirSystems or one of its authorized factory locations within 10 days. Failure to
return parts and obtain a Texas AirSystems’ “RETURNED GOODS AUTHORIZATION” (RGA) number will void and the purchaser will be issued an invoice by Texas AirSystems for the “fair market value” of said parts. Contact Texas AirSystems for RGA number and return parts to “ship to” location. The Company warrants that it will provide free replacement parts in the event any product manufactured by Company and used in the United States proves defective in material or workmanship for a period of twelve (12) months from date of shipment. Goods not manufactured be the Company but also sold under this agreement are warranted only to the extent that the manufacturer warranted them to the Company and or directly to the Purchaser. The Company does not provide warranty for consumable items (e.g. filtration devices). The Company’s liability to the Purchaser shall not exceed the lesser of the cost of correcting defects in the goods or the original purchase price of the goods, and the Company shall not in any event be liable to buyer or third parties for any delays of special, indirect, or consequential damages. Replacement parts must be maintained and serviced per manufacturer recommendations or warranty is voided. The Company’s warranty does not apply to any goods which have been opened, disassembled, repaired, or altered by anyone other than the Company or its authorized service representative or which have been subjected to misuse, misapplication, or abuse. The Company is not obligated to pay any labor or service costs for removing or replacing parts, or any shipping charges. Refrigerants, fluids, oils, and expendable items such as filters are not covered by this warranty. This parts warranty and any optional expended warranties are granted only to the original user. Company’s duty to perform under any warranty may be delayed, at Company’s sole option, until Company has been paid in full for all goods purchased by Purchaser. No such delay shall extend the warranty period. For additional consideration the company will provide an extended warranty(ies) on certain goods or components thereof within the terms of the warranty certificate(s). To obtain assistance under this limited warranty please contact the selling agency. To obtain information or to gain factory assistance, contact: Texas AirSystems, LLC., Warranty Parts Department, ; (972)-570-4700. THIS WARRANTY CONSTITUTES THE PURCHASER’S SOLE REMEDY. IT IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL TEXAS AIRSYSTEMS, LLC. BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER THE THEORY BE BREACH OF THIS OR ANY OTHER WARRANTY, NEGLIGENCE, OR STRICT TORT. The Company must receive a start-up information report for Goods containing motor-compressors, VFD’s, fan motors, rotating assemblies, electronic controllers and/or furnaces. The registration/start-up form must be completed and returned to the Company within ten (10) days of original equipment start-up date and ship date will be deemed the same for warranty determination. No person (including any agent, salesman, dealer or distributor) has the authority to expand the Company’s obligation beyond the terms of this express warranty, or to state that the performance of the product is other than published by the Company. At the sole discretion of the company, parts may be examined or tested to
determine cause of fail.
Item 4B-5
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-Add to the prices quoted any sales tax payable on the transaction under any effective Federal or State statute.
-F.O.B. Factory, FFA, per mutually agreed schedule. No material to be returned without written authorization.
-Payment terms: Net 30 Days, Upon Receipt of Satisfactory Credit Information.
-Texas AirSystems equipment will be supplied based upon approved submittal data.
-Retainage is not allowed. Texas AirSystems is a material supplier and will be supplying the entire purchase order value upon delivery of equipment.
-Payment to Texas AirSystems cannot be conditioned on receipt of payment from the owner by a contractor, construction manager, or customer.
-Texas AirSystems standard warranty, parts only, is for 12 months from start-up date, not to exceed 18 months from ship date.
- Texas AirSystems is responsible and accountable only for the acts and omissions of Texas AirSystems.
-Insurance certificates and bonds can/will be provided upon request.
Item 4B-6
Purchasing Made Personal
The Interlocal Purchasing System
Vicon
PAYMENT TO TIPS CONTACT
ADDRESS 6029 Campus Cir Dr W Suite
CITY Irving
STATE TX
ZIP 75063
(866) 839-8477
(866) 839-8472FAX
PHONE
NAME
DISADVANTAGED/MINORITY/WOMAN BUSINESS ENTERPRISE:HUB:
SERVING STATES
AL | AK | AZ | AR | CA | CO | CT | DE | DC | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT |
NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WI | WY | PR
www.texasairsystems.com
EMAIL
EMAIL PO & VENDOR QUOTE TO: TIPSPO@TIPS-USA.COM PO AND QUOTE MUST REFERENCE VENDOR’S TIPS
CONTRACT NUMBER ATTACH PO AS A PDF - ONLY ONE PO (WITH QUOTE) PER ATTACHMENT
tips@tips-usa.com
Charlie Martin
19 October 2023Printed
<p>Texas AirSystems, LLC dba Vicon, formerly known as, Texas AirSystems- is one of the largest HVAC
Equipment suppliers serving all of Texas. We have been providing equipment, service and turnkey solutions for over
30 years. Our success and philosophy have always been customer satisfaction driven. Texas Air Systems prides itself
on having the most technically competent sales professionals and staff in the industry. The following page is a list of
our manufacturer partners www.texasairsystems.com</p>
Overview
N N
Item 4B-7
AWARDED CONTRACTS "View EDGAR Doc" on Website
Contract Comodity Exp Date EDGAR
23010401 Trades, Labor, and Materials (NON-JOC)04/30/2028 See EDGAR Certification Doc.
23010402 Trades, Labor, and Materials (JOC)04/30/2025 See EDGAR Certification Doc.
22010601 Comprehensive HVAC 03/31/2025 See EDGAR Certification Doc.
22010602 Comprehensive HVAC (JOC)03/31/2024 See EDGAR Certification Doc.
22010601
Ryan Williams Account Executive (512) 788-0360 ryan.williams@texasairsystems.com
Travis Martin VP (817) 994-4212 travis.martin@texasairsystems.com
22010602
Ryan Williams Account Executive (512) 788-0360 ryan.williams@texasairsystems.com
Travis Martin VP (817) 994-4212 travis.martin@texasairsystems.com
23010401
Ryan Williams Account Executive (512) 788-0360 ryan.williams@texasairsystems.com
Travis Martin VP (817) 994-4212 travis.martin@texasairsystems.com
23010402
Ryan Williams Account Exec - TIPS (512) 788-0360 ryan.williams@texasairsystems.com
Travis Martin VP (817) 994-4212 travis.martin@texasairsystems.com
CONTACTS BY CONTRACTS
Item 4B-8