Orange County NC Website
STANDARD SPECIAL PROVISION <br />AVAILABILITY OF FUNDS -TERMINATION OF CONTRACTS <br />~s-zo-os) <br />zrz <br />General Statute 143C-6-11. (h) Highway Appropriation is hereby incorporated verbatim in this <br />contract as follows: <br />(h) Amounts Encumbered. -Transportation project appropriations may be encumbered in <br />the amount of allotments made to the Department of Transportation by the Director for the <br />estimated.payments for transportation project contract work to be performed in the appropriation <br />fiscal year. The allotments shall be multiyear allotments and shall be based on .estimated <br />revenues and shall be subject to the maximum contract authority contained in General Statute <br />143C-6-11(c). Payment for transportation project work performed pursuant to contract in any <br />fiscal year other than the current fiscal year is subject to appropriations by the General <br />Assembly. Transportation project contracts shall contain a schedule of estimated completion <br />progress, and any acceleration of this progress shall be subject to the approval of the Department <br />of Transportation provided funds are available. The State reserves the right to terminate or <br />suspend any transportation project contract, and any transportation project contract shall be so <br />terminated or suspended if funds will not be available for payment of the work to be performed <br />during that fiscal year pursuant to the contract. In the event of termination of any contract, the <br />contractor shall be given a written notice of termination at least 60 days before completion of <br />scheduled work for which funds aze available. In the event of termination, the contractor shall be <br />paid for the work already performed in accordance with the contract specifications. <br />Payment will be made on any contract terminated pursuant to the special provision in accordance <br />with Article 108-13(E), of the North Carolina Department of Transportation Standard <br />SpecificationsforRoads and Structures, dated July 1, 2006. <br />