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Agenda - 09-20-2011 - 8b
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Agenda - 09-20-2011 - 8b
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Last modified
9/16/2011 9:45:06 AM
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9/16/2011 9:45:01 AM
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BOCC
Date
9/20/2011
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8b
Document Relationships
2011-421 Planning - City of Durham - Interlocal Agreement for construction, operation of Water & Sewer Facilities in Eno EDD
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2011
Minutes 09-20-2011
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\Board of County Commissioners\Minutes - Approved\2010's\2011
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A~ 1 3 <br />1NTERLOCAL AGREEMENT <br />BETWEEN ORANGE COUNTY AND THE CITY OF DURHAM <br />FOR CONSTRUCTION AND OPERATION OF WATER AND SEWER FACILITIES <br />1N THE ENO ECONOMIC 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 subdi-vision ("Orange"). <br />P oses. The purposes of this agreement are (1) to further the economic-development potential of land <br />identified by Orange County and the City of Durham in their respective planning documents as <br />particularly suitable for industrial development, as well as to promote the public health and safety of <br />residents within the area, and (2) to accomplish the design, construction, and operation of water and sewer <br />services within the Eno Economic Development District. <br />1. Defmitions <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 &5 intersect, shown in greater <br />detail by the map titled "Eno Economic Development Zone Utility Service Boundary" <br />and attached as Exhibit A. The Zone does not include land in Dur-ham County. <br />2. Desi n. 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. If Orange 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 pr-oposals 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 cantor, 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 />
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