2011-421 Planning - City of Durham - Interlocal Agreement for construction, operation of Water & Sewer Facilities in Eno EDD

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.Please return this co ~ office for permanentpagenda f lesrk to the Board's _ ~~ ~-- INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF DURHAM FOR CONSTRUCTION AND OPERATION OF WATER AND SEWER FACILITIES IN THE ENO ECONOMIC DEVELOPMENT ZONE OF ORANGE COUNTY ~~ This a reement is dated, made, and entered into as of the day of , 20 ~, by the City of Durham, a North Carolina municipal corporation (` Durham) and Orange County, a North Carolina political subdivision ("Orange''). Purposes. The purposes of this agreement are (1) to further the economic development potential of land identified by Orange County and the City of Durham in their respective planning documents as particularly suitable for industrial development, as well as to promote the public health and safety of residents within the area, and (2) to accomplish the design, construction, and operation of water and sewer services within the Eno Economic Development District. 1. Definitions Year -July 1 -June 30 Zone -The Eno Economic Development District located at the eastern boundary of Orange where U.S. Highway 70 and Interstate Highway 85 intersect, shown in greater detail by the map titled "Eno Economic Development Zone Utility Service Boundary" and attached as Exhibit A. The Zone does not include land in Durham County. 2. Desi n. Durham will solicit and receive proposals for the design of water and sewer infrastructure to serve the Zone. Before awarding contracts for such design, Durham will provide Orange with the proposals and other responses to the request for proposals so that Orange may review and comment to Durham regarding the selection of the designer(s). Durham will then proceed to negotiate the professional fees with the designer(s). The fees must be satisfactory to Orange. Durham will not select any designer to which Orange objects based on the qualifications and/or professional fees. If Orange does not object within a reasonable time to a designer and its proposed fee structure, Durham may award a contract to the designer for such design in which the proposed fee structure applies. Orange will reimburse Durham for all payments that Durham is required to pay under the contracts. Therefore, Durham will invoice Orange as invoices are received from the selected designer(s) for payments made or required to be made under the design contracts. Orange will pay each invoice within thirty (30) days after it receives it. 3. Construction. Durham will solicit bids for the construction of the infrastructure. Durham will share the proposals with Orange. Orange may comment to Durham as to which contractor(s) the award should be made. If Durham concurs, and if Durham determines it appropriate to do so, Durham will award the contract(s) to those contractor(s) and execute contract(s) with them. If Durham does not concur, or if Durham otherwise finds it appropriate to rebid, Durham will rebid and continue the process described in this paragraph until Durham makes an award unless the Durham City Manager and the Orange County Manager jointly agree to suspend or abandon the process. By authorizing their respective managers to sign this agreement, the parties' governing bodies authorize them to agree to suspend or abandon the