Kernersville B-40 & South - Town of Kernersville

the unpaid balance of the Contract price exceeds the direct and indirect costs of completing the project
including compensation for additional professional services, such excess shall be paid to the Contractor. If
such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs
incurred by the Owner will be determined by the Project Manager and incorporated in a Change Order.
Where the Contractor's services have been so terminated by the Owner, said terminations shall not affect
any rights of the Owner against the Contractor then existing or which may thereafter accrue. Any
retention or payment of monies by the Owner due the Contractor will not release the Contractor from
liability.
Upon seven (7) days written notice to the Contractor and the Project Manager, the Owner may, without
cause and without prejudice to any other right or remedy, elect to abandon the project and terminate the
Agreement. In such case, the Contractor shall be paid for all work executed and any expense sustained
plus a reasonable profit.
D. REMOVAL OF EQUIPMENT:
In the case of termination of this Contract before completion for any cause whatever, the Contractor, if
notified to do so by the Owner, shall promptly remove any part or all of his equipment and supplies from
the property of the Owner. Should the Contractor not remove such equipment and supplies, the Owner
shall have the right to remove them at the expense of the Contractor. Equipment and supplies shall not
be construed to include such items for which the Contractor has been paid in whole or in part.
E. CONTRACTOR MAY STOP WORK OR TERMINATE:
If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety (90)
days by the Owner or under an order of court or other public authority, or the Project Manager fails to act
on any Application for Payment within thirty days after it is submitted, or the Owner fails to pay the
Contractor any sum approved by the Project Manager within thirty (30) days of its approval and
presentation, then the Contractor may, upon seven (7) days written notice to the Owner and the Project
Manager, terminate the Agreement and recover from the Owner payment for all work execute and any
expense sustained plus a reasonable profit. In addition and in lieu of terminating the Agreement, if the
Project Manager has failed to act on an Application for Payment or the Owner has failed to make any
payment as aforesaid, the Contractor may upon seven days notice to the Owner and the Project Manager
stop the work until he has been paid all amounts then due.
FINAL ACCEPTANCE:
Final acceptance will be made only after the satisfactory completion of all work covered by this contract.
All plant material shall be well-rooted, in a living and healthy condition at the time of final acceptance. All
work shall be completed in a neat, workmanlike manner. Work not completed in such manner will not be
accepted.
ACCESS TO PERSONS AND RECORDS:
The State Auditor and the using agency’s internal auditors shall have access to persons and records as a
result of all contracts or grants entered into by State agencies or political subdivisions in accordance with
General Statute 147-64.7 and Session Law 2010-194, Section 21 (i.e. the State Auditors and internal
auditors may audit the records of the contractor during the term of the contract To verify accounts and
data affecting fees or performance).
11509; WBS #: 3709.3.23 B40 Interchange Landscape 55