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<br />City of San Marcos/Guadalupe-Blanco River Authority <br />Water Treatment Facilities <br /> <br />Service Contract <br />Article VII - Performance <br /> <br />its own cost and expense, make all necessary repairs and replacements, including major <br />repairs and replacements, and the test shall be re-performed at the Authority's sole cost until <br />the test is successfully passed by the Authority. The City will conduct or document each such <br />test. <br /> <br />SECTION 7.11. TESTING. AND METERING. (A) Testing. The Authority shall <br />conduct sampling, testing, and monitoring of Finished Water and Residuals in accordance with <br />Applicable Law, Good Industry Practice and Subsection 6.11 (B) of this Service Contract. <br />(B) Metering. The Authority shall maintain in good working order, and <br />repair and replace when necessary, devices at the Facilities capable of (1) metering the <br />instantaneous and daily total volume of Raw Water, Well Water, and Finished Water, <br />(2) metering or determining the amount of Residuals leaving the Plant for disposal, (3) metering <br />the continuous and daily total amount of Finished Water flow at the Pump Stations, and <br />(4) any other metering or measuring requirement imposed by Applicable Law. The City shall <br />have reasonable access to such meters, instruments, controls, recorders, and other metering <br />and measuring devices. All operating data produced by such metering and measuring devices <br />shall be subject to audit, and shall be summarized in the monthly operations reports delivered <br />to the City pursuant to Section 6.15. All such metering and measuring devices shall be <br />calibrated to the accuracy required by, and shall be operated and maintained in accordance <br />with the requirements of, the Contract Standards. To the extent any metering or measuring <br />device is incapacitated or is being tested, the Authority shall estimate as accurately as <br />practicable the data required by the Authority to perform the Contract Services. This estimate <br />and methodology shall, with the City's approval, be used as the basis for determining the <br />operating data required hereunder during the outage. The City shall have the right to monitor, <br />inspect and test such metering and measuring devices which are part of the Facilities at any <br />reasonable time and for any purpose and to take its own measurements regarding Raw Water, <br />Well Water, Finished Water Residuals without unreasonably interfering with the Authority's <br />ordinary operations. The City shall ensure that the metering and measuring devices at the <br />Wells are in good working order and are properly calibrated as of the Commencement Date. <br />Prior to the Commencement Date, the City shall repair or replace any metering and measuring <br />devices at the Wells that are not operating properly or are not properly calibrated. <br />SECTION 7.12. ADMINISTRATIVE COMPLIANCE. (A) Compliance. The <br />Authority shall perform the Contract Services in accordance with the Contract Standards. <br />Except to the extent the Authority is relieved for Uncontrollable Circumstances or City Breach, <br />the Service Fee shall be reduced by the City's actual costs and expenses, if any, for the <br />Authority's inability to comply with the requirements indicated below: <br />(1) failure to report any exceedance as required by the Contract Standards. <br /> <br />54 <br />