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2009-083-RES-Awarding the contract for the purchase of materials for the water system improvementsRESOLUTION NO. _2009-083 A RESOLUTION OF THE CITY COU111CIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF MATERIALS FOR WATER SYSTEM IMPROVEMENTS IN THE AMOUNT OF $56,663.44, FOR USE IN THE WATERLINE REPLACEMENT PROJECT IN THE BELMONT AND FAIRFAX AREAS OF THE CITY OF PARIS, FUNDED BY THE TCD BLOCK GRANT PROGRAM THROUGH THE OFFICE OF RURAL COMMUIVITY AFFAIRS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS RELATED TO MAKING OTHER FIIVDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARIIVG AN EFFECTIVE DATE. WHEREAS, on September 24, 2007, the City Council of the City of Paris by Resolution No. 2007-117, approved the submission of an application to the Texas Community Development Block Grant Program through the Office of Rural Community Affairs for a grant for Water and Sewer Line Replacement in the City of Paris and was awarded said grant; and, WHEREAS, by Invitation to Bid the City of Paris solicited bids for materials as specified in the bid documents attached hereto as Exhibit A, to be used for the Waterline Replacement Project in the Belmont and Fairfax areas of the City of Paris, said bids were received by the City of Paris at City Hall, 135 1St Street SE, Paris, Texas unti13:00 p.m. July 28, 2009 at which time bids were opened and read aloud; and, WHEREAS, the lowest responsible bid received for the materials for the waterline replacement project was made by Underground Utilities, P. 0. Box 8020, Longview, Texas 75607, in the amount of $56,663.44, and the City Manager should be authorized to execute any and all necessary documents related to the purchase of said materials. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the bid of Underground Utilities for the furnishing and delivery materials for the Waterline Replacement Project in the Belmont and Fairfax areas of the City of Paris, in the amount of $56,663.44, is hereby accepted and let conditioned upon said vendor meeting all of the terms and specifications included in the bid documents, attached hereto as Exhibit A, and that the City Manager be, and he is hereby authorized to execute any and all necessary documents related to the purchase of said materials. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 10t" day of August, 2009. esse Ja es Freelen, Mayor ATTEST: C , a ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent M lyar, (9ttorney I ADVERTISEMENT FOR BIDS ~ Project No.: ORCA STEP 4728056 Project: Materials Procurement for Water System Improvements ~ Owner: City of Paris ~ Sealed bids for the supply and delivery of approximately 4,769 LF of 6" C-900 DR 18 PVC, 550 LF of 6 restrained joint C-900 DR 18 PVC, and appurtenant materials for water system improvements will be received by the City of Paris at the office of City Hall, 135 SE lst St., ~ Paris, TX 75460 until 3:00 p.m. July 28, 2009, at which time bids will be publicly opened and read aloud. ~ The Plans, Specifications; and other Contract Documents may be examined at the following places: ~ City Hall, 135 SE ls` St., Paris, TX 75460. Hayter Engineering, Inc., 4445 S.E. Loop 286, Paris, TX 75460, 903-785-0303. ~ McGraw-Hill Dodge, 9155 Sterling Dr., Suite 160, Irving, TX 75063. ~ Copies of the Procurement Documents may be obtained from Hayter Engineering, Inc., at the above address upon the payment of S30 (payable to Hayter Engineering, Inc.) for each set. The ENGINEER shall refund $10 per complete set of Procurement Documents that are returned in ~ good condition to the ENGINEER within 30 days after the date bids are received. The OWNER reserves the right to waive any informalities or to reject any or all bids. ~ All bids shall remain good and may not be withdrawn for 60 calendar days after the actual date ~ of the opening thereof. This project is funded in part by a grant from the Office of Rural Community Affairs. ~ Dated: 7/7/09 and 7/14/09 CITY OF PARIS 11 ~ L•~`~ I EXH1BiT A.. 1 INSTRUCTIONS TO BIDDERS ~ 1. Defined Terms Terms used in these Instructions to Bidders, which are defined in the Procurement General Conditions, EJCDC Document 1910-26-B (1981 edition), have the meanings ~ assigned to them in the General Conditions. The term "Bidder" means one who submits a ' Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder ~ to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Procurement Documents ~ (including all Addenda issued prior to receipt of Bids). ~ 2. Copies of Bidding Documents 2.1. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, ~ stated in the Advertisement or Invitation to Bid may be obtained from Engineer. 22. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor ~ Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. ~ 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for Materials and do not confer a ~ license or grant for any other use. 3. Qualifications of Bidders To demonstrate qualifications to furnish the Materials, each Bidder must be prepared to submit, within five days of Owner's request, written evidence, such as financial data, previous experience, present commitments, and evidence of Bidder's qualification to do business in the state where the Project is located. ~ 4. Examination of Documents 4.1. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Procurement Documents thoroughly, (b) consider federal, state and local Laws and ~ Regulations that may affect cost, progress, performance or furnishing of the Materials, (c) study and carefully correlate Bidder's observations with the Procurement Documents, and (d) notify Engineer of all conflicts, enors or discrepancies in the Procurement ~ Documents. 4.2 The submission of a Bid will constitute an incontrovertible representation by Bidder that ~ Bidder has complied with every requirement of this Article 4, and that the Procurement ~ 2 f Documents are sufficient in scope and detail to indi ~rie Mand a e alsey understanding of all terms and conditions for performance and furnishing ~ ~ 5, Inte retations and Addenda ~ 5.1. All questions about the meaning or intent of the Procurement Documents are to be ~ directed to Engineer in writing. Interpretations or clarifica maa ed or del'veredt o Engineer in response to such questions will be issued by Addenda ~ all parties recorded by Engineer as having received the Bidding Documents. Questions ' received less than five days prior to the date for opening of Bids may not be answered. other Only questions answered by formal written Add arid effe tl wheh eiby E g nand °r by ~ interpretations or clarifications will be without 1 g any officer, agent, or employee of Owner or Engineer, or any other person. 5,2. Addenda may also'be issued to modify the Bidding Documents as deemed advisable by ~ pwner or Engineer. 6, Bid Srity 6.1. A bid bond is not required. 7, Contract Time See applicable provisions of the Procurement Agreement and the Procurement General Conditions. ~ g. Liquidated Damages i~ for liquidated damages, if any, are set forth in the Procurement Agreement. Provisions y 9. SubstitutP nr "Or-Equal" Items ~ The Contract, if awarded, will be on the basis of material bleqs bstit teeorrib~edequale drawings or specifications without consideration of poss items. Whenever it is indicated in the Drawings or sp ma 1 be furn shedao ~ usedaby ~ substitute or "or-equal" item of in ete~iaa ° ton m nt for such acceptance will not be Contractor if acceptable to Engin , pPlica considered by Engineer until after the Effective Date ofs derat on by Engin procedure set ~ for submission of any such application by Contractor and con Which forth in paragraphs 7.3, 7.3.1, and 7.3.2 of the Procurement General Conditions, may be supplemented in the Procurement General Requirements. ~ 3 ~ ; ~ll 10. Bid Form 10.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer. 10.2 All blanks on the Bid Form must be completed in ink or by typewriter. 10.3 Bids by corporations must be executed in the corporate name by the president or a vice- president (or other corporate officer bd secd ss stant secretary. the corporate seal must be affixed and attes Y he retary or an a The corporate address and state of incorporation must be shown below the signature. " 10.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 10.5 All names must be typed or printed below the signature. 10.6 The B:d sha?1 contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 10.7 The address and telephone number for communications regarding the Bid must be shown. ~ 11. Submission of Bids Bids shall be submitted at the time and place indicated in the Advertisement or Invitation ~ to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) i and name and address of the Bidder and accompanied by other required documents. If ! the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 12. Modification and Withdrawal of Bids 12.1 Bids may be modified or withdraw b delpveerd to dthe placet where B ds are ito tbe m a n n e r t h a t a B i d m u s t b e e x e c u t e ) and submitted at any time prior to the opening of Bids. 12.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid. Thereafter, that Bidder will be disqualified from further bidding on the Materials to be provided under the Procurement Documents. 4 ~ 13. Opening of Bids Bids will be opened and read aloud publicly. A tabulation of the Bids will be made ~ available to Bidders after the opening of Bids. ~ 14. Bids to Remain Subiect to Acceptance All bids will remain subject to acceptance for sixty days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid prior to that date. p 15. Award of Contract 15.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Materials and dtspurm of any column of figuresoand the unit prices. Discrepancies between the indiat correct sum thereof will be resolved in favor of the correct sum. 15.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 15.3 Owner may consider the operating costs, maintenance requirements, performance data and guarantees of items of materials and equipment when such data is required to be submitted prior to the Notice of Award. 15.4 Owner may conduct such investigation(s) as Owner deems necessary to assist in the evaluation of any Eid to cstablish thc responsibility, qualifications and financial ability of Bidders, to furnish the Materials in accordance with the Procurement Documents to Owner's satisfaction within the prescribed time. 15.5 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 15.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty days after the day of the Bid opening. 16. Contract Security Performance and payment bonds are not required. 5 ~ r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 17. Signing of Agreement When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Procurement Agreement with all other written Procurement Documents attached. Within ten days thereafter, Contractor shall sign and deliver the required number of counterparts of the Procurement Agreement with all other Procurement Documents attached, to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Contractor. 18. Prebid Conference No prebid conference will be held. 19. S,pecial Requirements This procurement is exempt from Texas and local sales tax. 6 ~I ~ ~ ~ BID RECEfVE" PROJECT IDENTIFICATION: Materials Procurement for Water S%W~ 8 2009 Improvements y~ MANAM TEXAS CONTRACT IDENTIFICATION J #180038 AND NUMBER: ORCA STEP 9728056 and HF THIS BID IS SUBMITTED TO: City of Paris 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Procurement Documents to perforrn and furnish all Materials as specified or,indicated in the Procurement Documents for the Contract Price and within the Co ~he Procurement DodCUmentsBid and in accordance with the other terms and conditions of 2. BIDDER accepts all of the tetms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including, without limitation, those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BID RR nts wahin Agreement thedatehof documents required by the Biddi g qureme OWNER'S Notice of Award• 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda, receipt of all which is hereby acknowledged: Number Date ~ Y 7- (b) BIDDER has familiarized itself with the nature and extent of the Procurement Documents, Materials, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Materials. (c) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. 7 ~ ~ BIDDER will complete the Work for the following price(s): ~ BID SCHEDULE ESTIMATED UNIT TOTAL N0. DESCRIPTION QUANTITY PRICE ~ PRICE " l. 6" C-900 DR 18 PVC. 4,769 LF ~ ~ 2. 6 Restrained joint C_900 ~.,PL~~ DR 18 PVC. 550 $ r l ~ 3. 10n x 6n Tapping sleeve and valve, with valve boxf w'ith restraint g:ar~d. 4 EA o~ 4. 6" Tapping sleeve and valve, with valve box, with restraint gland. 6 EA 4 u D~ 5. 6" Gate valve (MJ) with valve box 22 EA and restraint gland. ~ D 6. Fire hydrant. 9 EA N i ✓ 7. N e a r s i d e c u s t o m e r s e rvi c e t r a n s f e r. 24 EA v ~ ~ 8. Far side customer service transfer. 36 EA ~ D 9. Split-Tap customer service transfer. 2 EA 40EA 10. Erosion control fence. tj U ✓ 11. 6" Swivel tee (MJ) with restraint glands. 10 EA , U 12. 2" Harco cap with knuckle restraint. 4 EA / 13. 6" 90° (MJ) bend with restraint gland. 2 EA $ v~ ✓ $ ~ v 14. 6" Tee (MJ) with restraint gland. 8 EA ~ 15. Mechanical joint fitting spray-on coating. 24 CN $ , PRICE: 47ZLJ_4 /_J L ~ $ TOTAL BID ~ ~ ~ (USE WORDS) (FIGU RES) 5. BIDDER agrees that the Material will be delivered within 30 calendar days after the date when the Contract Time commences to run, as provided in the Procurement General Conditions. ~ 6. BIDDER accepts the provisions of the Agreement as to $20 per calendar day liquidated damages in the event of failure to supply and deliver the Materials on time. 7. Communications concerning this Bid shall be addressed to the address of BIDDER indicated below. 8. The terms in thisBid which are defined in the Procurement General Conditions , included as part of the Procurement Documents have the meanings assigned to them in the Procurement General Conditions. SUBMITTED on 20_02 I IF BIDDER IS: An Individual: By doing business as . Business Address: Phone Number: (Indi iv dual's Printed Name and Signature) (Seal) A Partnership: (Seal) By % • ✓ ~~e o (General Partner'sJ h'~yted Name and Sig 0) , i Business Address: Phone Number: 914if? A Corporation: Name of Corporation: State of Incorporation: By (Printed Name of Person Authorized to Sign and Signature) (Title) (Corporate Seal) Attest: (Printed Name and Signature of Secretary) Business Address: Phone Number: A Joint Venture: By (Printed Name and Signature) Phone: Address: • By (Printed Name and Signature) Phone: Address: _ (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) AGREEMENT THIS PROCUREMENT AGREEMENT is dated as of the 10lh day of August in he year 2009 by and between the City of Paris (hereinafter called OWNER) and Underground Utility Supply (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall supply all Materials as specified or indicated in the Procurement Documents. The Materials to be furnished are generally described as follows: Materials Procurement for Water System Improvements ORCA STEP #728056 and HEI #180038 Article 2. ENGINEER The Materials have been specified by Hayter Engineering, Inc., Paris, Texas, who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER by OWNER in connection with the furnishing of Materials in accordance with the Procurement Documents. Article 3. POINT OF DELIVERY The place where the Materials are to be delivered is the City back lot, 50 W. Hickory, Paris, TX 75460. Article 4. CONTRACT TIME 4.1 The Materials are to be delivered to the point of delivery and ready for OWNER'S acceptance of delivery: on (or within a period of fifteen days prior to) the 30lh (thirtieth) day after the date when Contract Time commences to run as provided in paragraph 2.2 of the Procurement General Conditions. 4.2 All Shop Drawings and samples required by the Procurement Documents will be submitted to ENGINEER for review and approval: within 7 days after the date when the Contract Time commences to run as provided in paragraph 2.2 of the Procurement General Conditions. 4.3 Liquidated Damages: OWNER and CONTRACTOR recognize that time is of the essence of this Procurement Agreement and that OWNER will suffer financial loss if the 14 Materials are not delivered at the point of delivery ready for acceptance of delivery by OWNER within the time specified in paragraph 4.1 above, plus any extensions thereof allowed in accordance with Article 12 of the Procurement General Conditions. They also recognize that the timely performance of services by other parties involved in OWNER'S project are materially dependent upon CONTRACTOR'S specific compliance with the requirements of paragraph 4.1. Further, they recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual losses or damages (including special, indirect, consequential, incidental and any other losses or damages) suffered by OWNER if complete acceptable Materials are not delivered on time. Accordingly, and instead of requiring proof of such losses or damages, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $20 for each calendar day that expires after the time specified in paragraph 4.1 for delivery of acceptable Materials. Article 5. CONTRACT P1dCE OWNER shall pay CONTRACTOR for furnishing of the Materials and for perforrning other services in accordance with the Procurement Documents in current funds as follows: At the unit prices shown on the Unit Price Bid Schedule included herein. Article 6. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 6 of the Procurement General Conditions. Applications for Payment will be processed by ENGINEER, as provided in the Procurement General Conditions. 6.1 Progress Payments: OWNER shall make progress payments on account of the Contract Price in accordance with paragraph 6.3 of the Procurement General Conditions on the basis of CONTRACTOR'S Applications for Payment as follows: 6.1.1 Upon receipt of each Application for Payment submitted in accordance with paragraph 6.1 of the Procurement General Conditions and accompanied by ENGINEER'S recommendation of payment in accordance with paragraph 6.2.1 of the Procurement General Conditions, an amount equal to 95% of the Contract Price stated in the bid schedule. 6.2 Final Payment: Upon receipt of the final application for Payment accompanied by ENGINEER'S recommendation of payment in accordance with paragraph 6.6 of the Procurement General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 7. INTEREST All monies not paid when due hereunder shall bear interest at the maximum rate allowed by law at the place of OWNER'S project. 15 ~ Article 8. CONTRA.CTOR'S REPRESENTATIONS ~ In order to induce OWNER to enter into this Procurement Agreement, CONTRACTOR makes the following representations: ~ 8.1 CONTRACTOR has familiarized himself with the nature and extent of the Procurement Documents, and has given ENGINEER written notice of all conflicts, errors or ~ discrepancies that he has discovered in the Procurement Documents and the written resolution thereof by ENGINEER is acceptable to the CONTRACTOR. ~ 8.2 CONTRACTOR has familiarized himself with all local conditions and federal, state and local laws ordinances, rules and regulations that in any manner may affect the production and delivery of thes Materials and other services in connection therewith. ~ 8.3 CONTRACTOR does not require additional information from OWNER or ENGINEER to enable CONTRACTOR to furnish the Materials and other services at the Contract ~ Price, within the Contract Time and in accordance with the other terms and conditions of the Procurement Documents, but subject to CONTRACTOR'S right to request interpretations and clarifications in accordance with paxagraph 9.2 of the Procurement ~ General Conditions. 8.4 CONTRACTOR has correlated the results of all such examinations, investigations, and ~ resolutions with the terms and conditions of the Procurement Documents. ~ Article 9. PROCUREMENT DOCUMENTS The Procurement Documents, which comprise the entire agreement between OWNER and CONTRACTOR, are attached to, or accompany this Procurement Agreement, and made a part ~ hereof and consist of the following: ' 9.1 This Procurement Agreement - 9.2 Exhibits to this Procurement Agreement (Bid and Bid Schedule) ~ 9.3 Advertisement for Bids and Instructions to Bidders 9.4 Notice of Award 9.5 Procurement General Conditions 9.6 Procurement SPecifications bearing the title Materials Procurement for Water System ~ Improvements, ORCA STEP 9728056. ~ 9.7 Drawings, consisting of sheets numbers 1 through 12, entitled 2009 ORCA STEP 4728056, Water System Improvements. ~ ~ 16 9.8 Documentation submitted by CONTRACTOR prior to Notice of Award: Bid. 9.9 All modifications, including Change Orders, duly delivered after execution of this Procurement Agreement. There are no Procurement Documents other than those listed above in this Article 9. The Procurement Documents may only be altered, amended, or repealed, by a Modification (as defined in Article 1 of the Procurement General Conditions). Article 10. MISCELLANEOUS 10.1 Terms used in this Procurement Agreement that are defined in Article 1 of the Procurement Gener~l Conditions will have the meanings indicated in the Procurement General Conditions. 10.2 No assignment by a party hereto of any rights under or interests in the Procurement Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Procurement Documents. 10.3 OWNER and CONTRACTOR each binds himself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Procurement Documents. Article 11. OTHER PROVISIONS None. 17 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in multiple copies. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Procurement Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on August 10, 2009. OWNER CONTRACTOR: City of Paris Underground Utility Supply By: By: General Partner (Corporate Seal) City Manager ~ (Corporate Seal) Attest: Address for giving notices: 135 SE 15L Street Paris, TX 75460 Attest: Address for giving notices: P.O. 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