LAVWMA JPA - Laserfiche WebLink

15.7.2 Expanded EBDA Capacity Rights. The Project includes existing and expanded use of the EBDA system. The Member Agencies will use their best efforts to negotiate an expansion of 20.2 mgd of PWWF in the EBDA system. It is understood that the expanded capacity in the EBDA system will be interruptible capacity and will be allocated as follows: Livermore, 3.673 mgd, Pleasanton, 6.897 mgd, and DSRSD 9.630 mgd. A Member Agency that does not par- ticipate in the Project retains its right to utilize its existing capacity in the EBDA system. 15.7.3 Transfer of Capacity Rights. Two Member Agencies may transfer between them a portion of their EBDA capacity upon mutual agreement. Paragraph 16. Cost Sharing for Project. 16.1 Cost sharing among Member Agencies for the design, engineering, and construction costs of the repair component shall be allocated in propor- tion to each Agency's joint use capacity rights in the existing pipeline, _ which are: Livermore 41.56%, Pleasanton 35.73%, and DSRSD 22.71%. This paragraph applies regardless of the Member Agency's participation in the Project. 16.2 All three Member Agencies shall share the costs incurred for and prior to Project approval for the expansion component of the Project even if the ballot measure fails in one or both cities. Such costs include, but are not limited to, planning, environmental, legal, and preliminary engi- neering costs. These costs shall be allocated and paid among all three Member Agencies in the following proportion: Livermore 18.18%; Pleasanton 34.14%; and DSRSD 47.68%. Livermore and Pleasanton shall not have any further obligation to pay for the expansion component unless and until the Project is approved by the voters of the respective city. 16.3 Following Project approval, Member Agencies shall pay for the expan- sion component of the Project, including but not limited to legal, engineering, construction, and all capital buy-in fees paid to the East Bay Dischargers Authority ("EBDA"), in proportion to each Agency's partici- pation. If all three Agencies participate, each Agency's share shall be: Livermore 18.18%; Pleasanton 34.14%; and DSRSD 47.68%. 16.4 Any mitigation payments related to impacts of growth shall be allocated as follows, if all three Agencies participate: Livermore 21.97%; Pleasan- ton 25.90%; and DSRSD 52.13%. LAVWMA/JPA/FINAL -11- July 21, 1997