HomeMy WebLinkAbout26-Development Services
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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject:
Resolution Authorizing
execution of a reimbursement
agreement with the City of
Riverside for street
improvements to Commercial
Road and Hunts Lane.
Dept: Development Services
Date: February 9, 2006
File:
MCC Date: February 21, 2006
Synopsis of Previous Council Action:
None.
Recommended Motion:
I. Adopt Resolution.
2. Authorize the Director of Finance to transfer $80,000 from Acc . No. 240-3 -5505-0000 to new
Acct. No. 240-379-5504-7670.
(fiZ-- James Funk
Contact person: Mark Lancaster, Deputy Director/City Engineer
Phon,,'
110~
Supporting data attached: Staff Report, Map, Resa & Agreement
Ward:
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FUNDING REQUIREMENTS: Amount: $ 80,000
Source: (Acct. Nos.)
State Infrastructure Loan
Acct. Description:
Finance:
Council Notes:
~f)tPfo~50
Agenda Item No. J. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
ST AFF REPORT
Subject:
Resolution authorizing execution of a Reimbursement Agreement with the City of Riverside for
street improvements to Commercial Road and Hunts Lane.
Background:
The City of Riverside approached the City in regard to a permit for a Water Transmission
Main Replacement project on Commercial Road and Hunts Lane. The purpose of the
Riverside project is to replace the existing water transmission main pipeline with a new larger
pipe to convey water to the City of Riverside. The City of Riverside plans included repairing
the trench where the street cut for the waterline installation was to occur, which is the
minimum requirement for projects of this nature. The City of Riverside asked if the City of
San Bernardino would be interested in sharing the cost to repave Commercial Road and Hunts
Lane, beginning at the intersection of the two streets, 230 feet south on Hunts Lane and 1,190
feet east on Commercial Road, where the pipeline was to be installed. It is the City Engineer's
opinion that this is a very cost-effective approach to repairing these segments. If this project is
approved, the repaved area would increase in width from approximately 10 feet to the entire
curb-to-curb street width.
Bids on the project were received by the City of Riverside and the cost of paving was bid at
just below $160,000, which is a good price based on the size of the project and the current cost
of materials.
Financial Impact:
All costs related to this agreement will be paid through the State Infrastructure Loan. There is
over $900,000 for contingency projects through the infrastructure loan program, and this project
qualifies as a contingency project. It is proposed to utilize 9 % of the contingency account to pay
for this project rather than delay an already listed project.
Recommendation:
1. Adopt Resolution.
2. Authorize the Director of Finance to transfer $80,000 from Acct. No. 240-379-5505-0000 to new
Acct. No. 240-379-5504-7670.
2
, '
HUNTS LANE 48" WATER
TRANSMISSION MAIN
COMMERCIAL ROAD FROM HUNTS LANE
TO THE STEWART INTAKE
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF A REIMBURSEMENT
AGREEMENT WITH THE CITY OF RIVERSIDE FOR STREET IMPROVEMENTS
TO COMMERCIAL ROAD AND HUNTS LANE.
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SECTION 1. The Mayor is hereby authorized and directed to execute a
Reimbursement Agreement with the City of Riverside for street improvements on
Commercial Road and Hunts Lane. A copy of the Reimbursement Agreement is attached as
Exhibit A and incorporated herein by reference.
SECTION 2. This Agreement and any amendment or modifications thereto shall not
take effect or become operative until fully signed and executed by the parties and no party
shall be obligated hereunder until the time of such full execution. No oral agreements,
amendments, modifications or waivers are intended or authorized and shall not be implied
from any act or course of conduct of any party.
SECTION 3. This resolution is r~scinded if the parties to the contract fail to execute
it within one-hundred twenty (120) days of passage of the resolution.
II
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No J J(P
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING EXECUTION OF A REIMBURSEMENT
3 AGREEMENT WITH THE CITY OF RIVERSIDE FOR STREET IMPROVEMENTS
TO COMMERCIAL ROAD AND HUNTS LANE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
meeting thereof, held
, 2006, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
City Clerk
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day of
,2006.
The foregoing resolution is hereby approved this
Judith Valles, Mayor
City of San Bernardino
23 Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
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" . / .r" /!..-.fjill.....(.(.../.I.. /. ./-
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By:
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REIMBURSEMENT AGREEMENT BETWEEN
CITY OF RIVERSIDE AND CITY OF SAN BERNARDINO
FOR IMPROVEMENTS TO COMMERCIAL ROAD
This Reimbursement Agreement for Improvements to Commercial Road ("Agreement")
is made and entered into this day of , 2006, by and
between the City of San Bernardino, a California charter city and municipal corporation ("San
Bernardino") and the City of Riverside, a California charter city and municipal corporation
(" Riverside"), sometimes also referred to herein jointly as "Parties" or individually as "Party."
A. Riverside intends to replace an existing water transmission main line in the City
of San Bernardino on Commercial Road and Hunts Lane, beginning at the intersection of
Commercial Road and Hunts Lane continuing south 230 feet on Hunts Lane and at said
beginning to 1,173 feet east on Commercial Road, and as further depicted on the map attached
hereto as Exhibit A and incorporated herein by this reference
B. San Bernardino desires to construct street improvements on Commercial Road,
beginning 1,190 feet east from the intersection of Commercial Road and Hunts Lane to 1,170
feet east on Commercial Road and as further depicted on the map attached hereto as Exhibit A.
C. The Parties intend that, as provided herein, Riverside shall construct the street
improvements desired by San Bernardino and that San Bernardino shall reimburse Riverside for
constructing such street improvements, and, therefore, the Parties desire to enter into this
Agreement for such purposes.
D. Riverside has estimated that construction of the proposed street improvements
shall cost approximately $78,240 and, subject to the provisions herein, San Bernardino's
reimbursement to Riverside for costs related to the proposed street improvements shall not
exceed this amount. If such costs exceed $78,240, then the parties agree to seek to amend this
Agreement to allow for such additional reimbursement, as further provided herein.
AGREEMENT
NOW, WHEREFORE, in consideration of the foregoing recitals that are incorporated
herein by this reference and the mutual terms and conditions herein, the Parties agree as follows:
1. DESCRIPTION OF STREET IMPROVEMENTS
The street improvements that are the subject of this Agreement (defined as the
"Project") shall consist of all design and construction engineering and all contract construction
work, including construction and/or project management, associated with rehabilitating the full
street width of Commercial Road, beginning 1,190 feet east from the intersection of Commercial
Road and Hunts Lane to 1,170 feet east on Commercial Road, consisting of 1,170 feet of
improvements, as provided herein and as set forth in Bid Schedule "B" to City of Riverside
Specification 739, Bid No. 6325 ("Project").
BA W&G/BWSII04320.2
1028.24 OJ-08-05
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Riverside shall be the lead agency for the Project, and shall provide design and
construction engineering for the Project. Design engineering shall include preliminary
engineering and preparation of construction plans, contract documents and special provisions for
inclusion in the invitation for bids for the Project. Costs associated with design engineering shall
be born by Riverside. Construction engineering shall include construction survey material
testing, inspection, contract administration and supervision of the construction. Riverside shall
solicit competitive bids for the construction work pursuant to Riverside's usual Public Works
competitive bidding procedures. Construction shall include, but not limited to, furnish and
install full street width of asphalt concrete overlay I-inch thick, rise manholes and valve cans to
grade, street striping (paint) per San Bernardino standards, provide traffic control.
2. TERM
The term of this Agreement shall become effective on the date first written above,
and shall remain in effect until a Notice of Completion for the construction of the Project has
been recorded, unless terminated earlier pursuant to the terms herein. Early termination shall be
as provided for in Section 9 of this Agreement.
3. CONSTRUCTION
3.1 Construction. Riverside agrees to construct, or caused to be constructed,
the Project in accordance with, without limitation, all approved or required specifications, plans,
drawings, documents and permits issued and/or prepared by San Bernardino, Riverside and/or
other governmental agency exercising jurisdiction over the Project. All construction contracts
entered into for the Project shall be entered into with a duly licensed, insured and bonded
contractor or contractors.
3.2 Compliance with Governmental Regulations. Riverside shall carry out the
design, construction and operation of the Project in conformity with all applicable governmental
regulations.
3.3 Proiect Schedule of Performance. Not later than (10) days after
completion of the Project, Riverside shall prepare and record a Notice of Completion and shall
lodge a copy of the same with San Bernardino..
3.4 San Bernardino's Right of Inspection. San Bernardino shall obtain or
cause to be obtained any and all necessary construction permits prior to commencing of any
work within the public rights-of-way for the Project. San Bernardino shall have the right during
the construction to enter upon the Project site for inspection purposes.
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4. REIMBURSEMENT OF CONSTRUCTION COSTS
4.1 Estimated Construction Costs and Reimbursement Amount. Riverside
has estimated that the costs for construction of the Project shall be approximately $78,240,
including direct construction, project administration and other "soft" costs. San Bernardino shall
pay for all such costs associated with the Project, in an amount not to exceed the current
estimated amount of $78,240, unless Riverside issues, in writing, any reasonable change orders,
that may increase such costs. Any such change orders affecting San Bernardino's costs
associated with the Project shall not be issued nor approved without the prior consent or both
parties, which consent shall not be unreasonably withheld or delayed.
4.2 Cost Records and Verification. Throughout the period of construction of
the Project, Riverside shall submit to San Bernardino monthly statements of actual cost of
construction, including contracts, invoices, cancelled checks or other evidence of cost incurred
satisfactory to San Bernardino so that San Bernardino may verify Riverside's actual cost of such
improvements.
4.3 Final Statement of Account Reimbursements. Upon completion of all the
Project, Riverside shall calculate all final costs incurred therefore, and shall submit to San
Bernardino a final statement of said costs which statement shall clearly set forth the total amount
for each Party's share as previously described herein, total amount of funds paid and deposited
by San Bernardino for said Project, if any, total amount of funds paid by Riverside and amount
due to Riverside by San Bernardino for its share of the Project cost. Any amounts due shall be
paid within (30) days from the date of statement.
5. HOLD HARMLESS
Except as to San Bernardino's negligence or willful misconduct, Riverside shall
defend, indemnify and hold harmless San Bernardino, its officers, employees, and agents against
and from any and all loss, liability, damage, claim, cost, charge, demand, or expense (including
without limitation any direct, indirect or consequential loss, liability, damage, claim, cost,
charge, demand, expense, or attorneys' fees) for injury or death to any person, and damage to
property, including without limitation property of either Party, arising out of or in connection
with the construction of the Project under this Agreement. The provisions of this Section 5 shall
not be construed to relieve any insurer of its obligations to pay any insurance claims in
accordance with the provisions of any valid insurance policy.
6. INSURANCE
6.1 General Liabilitv and Auto Insurance. Riverside shall secure, or cause its
contractor to secure and thereafter maintain until completion of the Agreement, such commercial
general and automobile liability insurance as shall protect Riverside from claims for damages for
personal injury, including accidental death, as well as from claims for property damage which
may arise from or which may concern operations under the Agreement, whether such operations
BA W &G/B WS/\ 04320.2
1028.24 03-08-05
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be by or on behalf of Riverside, any subcontractor or anyone directly or indirectly employed by,
connected with or acting for or on behalf of any of them.
All liability insurance shall be issued by insurance companies authorized to transact liability
insurance business in the State of California, with a policy holder's Rating of B+ or higher, and a
Financial Class of VII or higher.
Such commercial general liability policy shall cover both bodily injury (including death)
and property damage (including but not limited to premises-operations liability, products-
completed operations liability, independent contractors liability, personal injury liability, and
contractual liability), in an amount not less than $1,000,000 per-occurrence limit/$2,000,000
aggregate, unless otherwise approved by the Riverside.
Such automobile liability policy shall cover both bodily injury and property damage in an
amount not less than $1,000,000 per-occurrence limit, unless otherwise approved by Riverside.
The policies shall not be amended or canceled unless thirty (30) days prior written
notification of intended amendment or cancellation has been given to Riverside and San
Bernardino by certified or registered mail.
6.2 San Bernardino as Additional Insured. Each policy of insurance required
pursuant to Subsection 6.1 and the original certificate of insurance evidencing such coverage
shall name the San Bernardino as an additional insured under such policy. Each such policy
shall be in the usual form of public liability insurance, but shall also include the following
provlSlon:
"Solely with respect to work done by the named insured for the
City of San Bernardino, it is agreed that the City of San Bernardino
and its officers and employees are added as additional insureds
under this policy."
6.3 Workers Compensation. Riverside shall require that the contractor(s)
constructing the Project, prior to commencing such construction, shall comply with Section 3700
of the Labor Code of the State requiring every employer to be insured against liability for
workers' compensation or to undertake self-insurance for such liability. Upon request, Riverside
shall furnish to San Bernardino a copy of a certificate of insurance or self-insurance provided by
each such contractor evidencing that such insurance or self-insurance is in effect.
7. MODIFICATIONS, WAIVER, INTERPRETATION
7.1 Amendments. No amendment or modification to this Agreement shall be
effective unless in a writing duly executed by both Parties. The failure of any Party at any time
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or times to require performance of any provision hereof shall in no manner affect the right at a
later time to enforce the same. No Waiver by any Party of the breach of any term or covenant
contained in this Agreement, whether by conduct or otherwise, shall be deemed to be construed
as a further or continuing waiver of any such breach or a waiver of the breach of any other term
or covenant unless such waiver is in writing.
7.2 Sole Agreement. This Agreement constitutes the final, complete and
exclusive statement of the terms of the agreement between the Parties pertaining to the subject
matter of this Agreement, and supersedes all prior and contemporaneous understandings or
agreements of the Parties. Neither Party has been induced to enter into this Agreement by, and
neither party is relying on, any representation or warranty outside those expressly set forth in this
Agreement.
8. NOTICES
8.1 Notices. All notices permitted or required under this Agreement shall be
given to the respective Parties at the following addresses or at such other addresses as the
respective Parties may provide in writing for this purpose:
City: City of Riverside, Public Utilities Department/Water Division
3900 Main Street
Riverside, California 92522
Attention: Construction Contract Administrator
City: City of San Bernardino, Development Services Department
300 N "D" Street
San Bernardino, CA 92418-000 I
Attention: Director of Development Services
Such notice shall be deemed made when personally delivered or mailed or forty-
eight (48) hours after deposit in the U.S. mail, first class postage prepaid and addresses to the
Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service. Changes in such designation may be made
by notice similarly given.
9. EARLY TERMINATION OF AGREEMENT
The Parties may terminate this Agreement by mutual written consent.
10. AUTHORIZED REPRESENTATIVE
San Bernardino's Authorized Representative is the Director of Development
Services, or his designee. San Bernardino may change its Authorized Representative by
giving Riverside notice pursuant to Section 8. Riverside's Authorized Representative is
BA W&G/BWS/l 04320.2
lO28.24 03-08-05
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the General Manager of Public Utilities, or his designee. Riverside may change its
Authorized Representative by giving San Bernardino notice pursuant to Section 8.
11. SEVERABILITY
If anyone or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions contained in this
Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision(s) had never been contained herein.
12. CAPTION AND PRONOUNS
The captions and headings of the various Sections of this Agreement are for
convenience only, and are not be construed as confining or limiting in any way the scope or
intent of the provisions hereof. Whenever the context requires or permits, the singular shall
include the plural, the plural shall include the singular, and masculine, feminine and neuter shall
be freely interchangeable.
13. ATTORNEY'S FEES
In any action to interpret of enforce any prOVlSlon of this Agreement, the
prevailing party shall be entitled to its costs and reasonable attorney's fees.
IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to
be executed by their duly authorized representatives.
City of Riverside,
City of San Bernardino
By:
Bradley 1. Hudson, City Manager
Attest:
By:
Judith Valles, Mayor
By:
Colleen 1. Nicol, City Clerk
By:
Rachel Clark, City Clerk
APPROVED AS TO FORM:
By:
Susan D. Wilson, Deputy City Attorney
APPROVED AS TO FORM AND
LEGAL ,CONTENT:" 0'
/ "(' . II
U,J "j: tI (kI; tc<J
enman, City Attorney
O:\Cycom\ WPDocs\D021 IP004100054292
-6-
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
M~';"g n.re (D.re Ad"P)f'" ~ lrem'
Vote: Ayes V2 Nays
Change to motion to amend original documents 0
'YV'~ &
NullNoidAfter: i d-o days/ ~lq, 0
Resolution # On Attachments: ~ Note on Resolution of attachment stored separately: 0
PUBLISH D POST D RECORD W/COUNTY D By:
/)~
Abstain
Resolution #
di)~b - S-tJ
Absent --J1. '1
Companion Resolutions
Date Sent to Mayor: ~" ;),?/ Of.-
Date of Mayor's Signature: r/~/O b
Date ofClerklCDC Signature:??g'7r{)h
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
~.:11' 00
Reso. Log Updated: n
Seal Impressed: ~/
Reso. # on Staff Report d
2'd Reminder Letter Sent:
Date Returned: Lf -I (-ct? Not Returned: D
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control D EDA D
City Administrator ~/ Facilities g/
City Attorney Finance
Code Compliance D Fire Department D
Development Services rB'C~) Human Resources D
Others:
~....
Yes_ No 7. By_
Yes_ ~_ By_
Yes No LBy_
Yes NO:J;../
Yes No e y _
Information Services D
Parks & Recreation D
Police Department D
Public Services D
Water Department D
Notes:
Ready to File: _
Date:
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
February 28, 2006
YOUR COPY
TO:
Mark Lancaster, Deputy Director/City Engineer
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2006-50
At the Mayor and Common Council meeting of February 21, 2006, the City of San Bernardino
adopted Resolution No. 2006-50 - Resolution authorizing execution of a reimbursement
agreement with the City of Riverside for street improvements to Commercial Road and Hunts
Lane.
Attached are one (I) original agreement and two (2) duplicate original agreements. Please obtain
signatures in the appropriate locations and return the ORIGINAL agreement to the City Clerk's
Office as soon as possible, to my attention. Please keep the fully executed copies for your
records and for the other party.
Please be advised that the resolution and contract will be null and void if not executed
within one-hundred twenty (120) days, or by Monday, June 19, 2006.
If you have any questions, please do not hesitate to contact me at ex!. 3206. Thank you.
Eileen Gomez
Senior Secretary
I hereby a~"iJedge ec ipt ofthe above mentioned documents.
Signed: jfldlL
Date:
1-.,;JI-tl~
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
February 28, 2006
TO:
Mark Lancaster, Deputy Director/City Engineer
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2006-50
At the Mayor and Common Council meeting of February 21,2006, the City of San Bernardino
adopted Resolution No. 2006-50 - Resolution authorizing execution of a reimbursement
agreement with the City of Riverside for street improvements to Commercial Road and Hunts
Lane.
Attached are one (1) original agreement and two (2) duplicate original agreements. Please obtain
signatures in the appropriate locations and return the ORIGINAL agreement to the City Clerk's
Office as soon as possible, to my attention. Please keep the fully executed copies for your
records and for the other party.
Please be advised that the resolution and contract will be null and void if not executed
within one-hundred twenty (120) days, or by Monday, June 19, 2006.
If you have any questions, please do not hesitate to contact me at ex!. 3206. Thank you.
Eileen Gomez
Senior Secretary
I hereby aCkno~e above mentioned documents.
Signed: ;()
CT/~~Y
Date:
Please sign and return
G~f%>I blll'i!-
RECEIVED"CI1'( CLEF!
2006 APR I 7 FlP.f.V~~PMENT SERVICES DEPARTMENT
~
300 North "D" Street. San Bernardino' CA 92418-0001
Planning & Building 909.384.5057' Fax: 909.384.5080
Public Works/Engineering 909.384.5111 . Fax: 909.384.5155
www.sbcity.org
March 21, 2006
City of Riverside Water Department
Ernest Marquez, Sr. Water Engineer
3900 Main Street
Riverside, CA 92522
RE: Transmitting Documents for Signature - Resolution 2006-50
Dear Mr. Marquez:
At the Mayor and Common Council meeting of Febmary 21, 2006, the City of San Bernardino
adopted Resolution No 2006-50 - Resolution authorizing execution of a reimbursement
agreement with the City of Riverside for street improvements to Commercial Road and Hunts
Lane.
Attached are one (1) original agreement and two (2) duplicate original agreements. Please obtain
silo,'Ilatures in the appropriate locations and return the ORIGINAL agreement to me as soon as
possible. Please keep one fi\lly executed copy for your records and return one copy to me.
Please be advised that the resolution and contract will be null and void if not executed
withiu oue-hundred twenty (120) days, or by Monday, June 19, 2006.
If you have any questions, please contact ~e at (909) 384-5057 Ex!. 3305.
72:& . UU~r
MARK LANCASTER, RCE
Deputy Director/City Engineer
ML:op
Attaclunents
\\('"~l(:tnr\ns\ PlJhli(' Worl,,;:\Mark T ,ancaster's Folder\Letters\MISC\Ltr-Ernest MarQuex-City of Riverside Water