RES 97091 - Laserfiche WebLink

1 15.6 Project Capacity. It is LAVWMA's intention that the Project will be designed 2 in a manner such that the Member Agencies' respective capacities in the 3 replacement and expansion pipelines will be needed by each Member to serve 4 the cities' general plans and/or the general plans for the planning agencies 5 that DSRSD serves, that such capacity will be allocated and set aside 6" exclusively for the use of each Member Agency except to the extent that 7 the agencies may transfer capacity by agreement as specified in this 8 Agreement. 9 15.7 Capaci.ty Rights in EBDA. 10 15.7.1. Cavacitv Rights Existin~ At the Time of Execution of This A~reement. 11 The Member Agencies have existing capacity rights in the EBDA 12 system which are firm capacity rights of 19.72 mgd PWWF and 1.28 13 mgd of interruptible capacity.' The firm capacity rights are always 14 available for use by LAVWMA and are allocated as follows: 15 Livermore, 8.229 mgd; Pleasanton, 7.106 mgd; and DSRSD, 4.385 mgd. 16 The interruptible capacity will be interrupted when the combined 17 EBDA member agency Peak Wet Weather Flow reaches 169.4 mgd. The 18 existing interruptible flow is allocated: Livermore, .499 mgd; 19 Pleasanton, .397 mgd; and DSRSD, .384 mgd. 20 15.7.2 Expanded EBDA Capacity Rights. The Project includes existing and 21 expanded use of the EBDA system. The Member Agencies will use 22 their best efforts to negotiate an expansion of 20.2 mgd of PWWF in the 23 EBDA system. It is understood that the expanded capacity in the EBDA 24 system will be interruptible capacity and will be allocated as follows: 25 Livermore, 3.673 mgd, Pleasanton, 6.897 mgd, and DSRSD 9.630 mgd. 26 A Member Agency that does not participate in the Project retains its 27 right to utilize its existing capacity in the EBDA system. 28 15.7.3 Transfer of Capaci.ty Rights. Two Member Agencies may transfer 29 between them a portion of their EBDA capacity upon mutual 30 agreement. 31 Paragraph 16. Cost Sharing for Pro!ect. 32 16.1 Cost sharing among Member Agencies for the design, engineering, and 33 construction costs of the repair component shall be allocated in proportion to 34 each Agency's joint use capacity rights in the existing pipeline, which are: 35 Livermore 41.56%, Pleasanton 35.73%, and DSRSD 22.71%. This paragraph 36 applies regardless of the Member Agency's participation in the Project. 37 16.2 All three Member Agencies shall share the costs incurred for and prior to 38 Project approval for the expansion component of the Project even if the ballot 39 measure fails in one or both cities. Such costs include, but are not limited to, 40 planning, environmental, legal, and preliminary engineering costs. These 41 costs shall be allocated and paid among all three Member Agencies in the LAVWMA/JPA/Board6/Clean -10- July 7, 1997