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2 <br />INT-ERLOCAL AGREEMENT <br />BETWEEN ORANGE COUNTY AND THD CITY OF DURHAM <br />FOR CONSTRUCTION AND OPERATION OF WATER AND SEWER FACILITIES <br />IN THE ENO ECONaMIC DEVELOPMENT ZONE OF ORANGE COUNTY <br />This agreement is dated, made, and entered into as of the day of , <br />20 , by the City, of Durham, a North Carolina municipal corporation ("Durham) and Orange <br />County, a North Carolina political subdivision ("Orange"). <br />[to be inserted, explanation of the purpose of the agreement] <br />1. Defuutions <br />Year -July 1 -June 30 <br />Zone-= The-Eno- Economic Development District. located at the eastern boundary of <br />Orange where U.S. Highway 70 and Interstate Highway 85 intersect. Described _further <br />in Exhibit A. <br />2. Design• Durham will solicit and receive proposals` for the design of water and sewer <br />infrastructure to serve the-Zone. Before awarding contracts for such design, Durham will <br />provide Orange with the proposals and other responses to the request for proposals so that <br />Orange may review and comment to Durham regarding the selection of the designer(s). <br />Durham will then proceed to negotiate the professional fees with the designer(s). The fees <br />must be satisfactory to Orange. Durham will not select any designer to which Orange objects <br />based on the qualifications and/or professional fees. If4range does not object within a <br />reasonable time to a designer and its proposed fee structure, Durham may award a contract to <br />the designer for such design in which the proposed fee structure applies. Orange will <br />reimburse Durham for all payments that Durham is required to-pay under the contracts. <br />Therefore, Durham will invoice Orange as invoices are received from the selected <br />designer(s) for payments. made or required to be made under the design contracts. Orange <br />will pay each invoice within thirty (30) days after it receives it. <br />3. Construction. Durham will solicit bids for the construction of the infrastructure. Durham will <br />share the proposals with Orange. Orange may comment to Durham as to which contractor(s) <br />the award should be made. If Durham concurs, and if Durham determines it appropriate to <br />do so, Durham will award the contract(s) to those contractor(s) and execute contract(s) with <br />them. If Durham does not concur, or if Durham otherwise finds it appropriate to rebid,_ <br />Durham will rebid and continue the process described in this paragraph until Durham makes <br />an award unless the Durham City Manager and the Orange County Manager jointly agree to <br />suspend or abandon the process. By authorizing their respective managers to sign this <br />agreement, the parties' governing bodies authorize them to agree to suspend or abandon the <br />process if they jointly determine it is prudent to do so. If the managers do not jointly agree it <br />is prudent to suspend or abandon the process, the issue of such suspension or abandonment <br />must be jointly determined by the parties' governing bodies. <br />