Res 2009-038 - Laserfiche WebLink

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cover the City's payment obligations under such future GBRA Plant Expansion Debt Instruments, including any applicable debt coverage fees. Section 23B. Payment for Additional Filter. As of the time of the initial GBRA Plant Expansion, the City has constructed and has in use at the Plant four gravity sand filters, each with a capacity of 3-MGD. One of these filters was constructed by the City as a reserve unit for backwashing and in case of problems with any of the other three filters. In connection with the initial GBRA Plant Expansion, GBRA has requested permission from the City to use the City's reserve unit as a reserve filter unit for the initial GBRA Plant Expansion (which will include four 3-MGD gravity sand filters rather than five). In consideration of the City's agreement to allow GBRA to use the City's reserve unit in connection with the initial GBRA Plant Expansion, GBRA agrees to pay to the City the incremental cost of an additional 3-MGD gravity sand filter to be constructed by the City during the next expansion of the Plant that the City performs for its own use after the initial GBRA Plant Expansion is completed. GBRA agrees to make this payment within 60 days of written notice from the City of the City's intent to award a contract for construction of the City's next expansion of the Plant. In such notice, the City shall provide to GBRA a copy of either 1) the certified bid tabulation showing the cost of the additional filter as a separate bid item, or 2) the schedule of values approved by the City's engineer showing the cost of the additional filter. Section 24. Measurement. For billing purposes, all raw water diverted from the Guadalupe River and delivered to the Plant will be metered at the Plant entrance with meters provided, operated, maintained, and read by GBRA. At its option and expense, GBRA may also meter the raw water diverted at the Guadalupe River at the Point of Diversion. The City shall provide, operate, maintain, and read meters which shall record treated water taken by GBRA at each GBRA Point of Delivery. Water shall be measured through conventional types of approved meter(s). The party responsible for metering shall keep accurate records of all measurements of water required under this Agreement, and the measuring device(s) and such records shall be open for inspection at all reasonable times. Measuring devices and recording equipment shall be accessible for adjusting and testing and the installation of check meter(s). If requested in writing and not less than once in each calendar year, on a date as near the end of such calendar year as practical, the party responsible for metering shall calibrate its water meter(s) in the presence of the other Party, and the Parties shall jointly observe any adjustments that shall be necessary. The Party responsible for metering shall give the requesting Party notice of the date and time when any such calibration is to be made and, if a representative of requesting Party is not present at the time set, calibration and adjustment may proceed in the absence of any representative of the requesting Party. If upon any test of the water meter(s), the percentage of inaccuracy of such metering equipment is found to be in excess of five percent (5%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is -18-