Agmt12 South Bayside System Authority Supplemental Agreement VI JPA

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' 4. Capital costs above are based on the assignment of 40% to Flow and 30% to BOD and 30% to Suspended Solids and the Maximum Capacity Rights (Section 7.2). B. DISTRIBUTION OF CAPITAL COSTS FOR CAPITAL EXPENDITURES INCURRED AFTER COMPLETION OF STAGE 1 (EXCLUSIVE OF STAGE 2 CAPACITY EXPANSION CAPITAL COSTS) Belmont San Carlos Redwood City West Bay 9.45% 15.14% 48.57% 26.84% Notes: l. For purposes of this Subdivision B, the Joint Facilities shall include the improvements to the facilities itemized as 1-7 in Subdivision A (collectively, "Facilities") resulting from the reconstruction, replacement, rehabilitation, remodeling, relocation or repair of said Facilities or any additions thereta under the Authority's Capital Improvement Program approved, amended revised or updated from time to time by the Commission of the Authority. 2. Capital costs above include readily identifiable costs of construction, including engineering, design, construction management and supervision, change orders during construction, costs of special services, including soils studies, surveys, rights-of-way, legal and administrative expenses, preliminary engineering (including reports) and any and all other costs related to capital improvements of the Facilities. 3. Capital costs also include all costs meeting the definition of a capital expense as defined in the Authority's Capital Expense Policy as adopted and modified from time to time hy resolution of the Commission of the Authority. 4. The percentages set forth above are based on actual costs, exclusive of any State and/or Federal grants received. Should any such grants be received prior to, during, or after the completion of construction, they shall be returned to each of the Agencies, m accordance with the rules and regulations which govern at the time of receipt of such grants. 5. The above distribution of Capital costs is based on each member entity's percentage of ownership of the Stage 1 Facilities plus each member entity's percentage of allocated or owned Stage 2 Average Dry Weather Flow {ADWF) capacity af the total capacity as set forth in Subdivision (c) of Section 7.2 of the Agreement. 6. Stage 2 expansion costs are distributed in accordance with Subdivision (d)(ii) of Section 7.2 of the Agreement. 7. The above distribution of Capital costs pertains to costs for the reconstruction, replacement, rehabilitation, remodeling, relocation and repair of Stages land 2 of the Project, any component thereof or addition thereto, in accordance with Subdivision (c) of Section 5.9 of the Agreement. Adjustments to the proportianate ownership of capacity rights and conespanding distribution of capital costs shall be made to correspond to transfers of capacity rights, if any, between the Agencies pursuant to Section 7.3 of the Agreement. '16 SBSA_JPASuppVl_052212