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of the Contractor pertaining to the Project. The Department shall reserve the right to reject any <br />and all materials and workmanship for defects and incompatibility with Project Description or <br />excessive cost. The Department shall notify the Contractor, in writing, if materials and /or <br />workmanship are found to be unacceptable. The Contractor shall have ninety (90) days from <br />notification to correct defects or to provide acceptable materials and /or workmanship. Failure by <br />the Contractor to provide acceptable materials and /or workmanship, or to correct noted defects, <br />shall constitute a breach of contract. <br />d. Project Closeout. The Contractor agrees that Project closeout does not alter <br />the reporting and record retention requirements of this Section 6 of this Agreement. <br />Section 7. Proiect Completion Audit, Settlement, and Closeout. <br />a. Project Completion. Within ninety (90) calendar days following Project <br />completion, the end of the Project's period of performance, or termination by the Department, <br />the Contractor agrees to submit a final reimbursement request to the Department for eligible <br />Project expenses. <br />b. Financial Reporting and Audit Requirements. In accordance with OMB <br />Circular A -133, "Audits of State, Local Governments and Non - Profit Organizations," revised on <br />June 27, 2003, and N.C.G.S. 159 -34, the Contractor shall have its accounts audited as soon as <br />possible after the close of each fiscal year by an independent auditor. The Contractor agrees to <br />submit the required number of copies of the audit reporting package to the Local Government <br />Commission four months after the Contractor's fiscal year -end. <br />C. Audit Costs. Unless prohibited by law, the costs of audits made in <br />accordance with the provisions of OMB Circular A -133 are allowable charges to State and <br />Federal awards. The charges may be considered a direct cost or an allocated indirect cost, as <br />determined in accordance with cost principles outlined in OMB Circular A -87 "Cost Principles for <br />State, Local, and Indian Tribal Governments." The cost of any audit not conducted in <br />accordance with OMB Circular A -133 and N.C.G.S. 159 -34 is unallowable and shall not be <br />charged to State or Federal grants. <br />d. Funds Owed to the Department. The Contractor agrees to remit to the <br />Department any excess payments made to the Contractor, any costs disallowed by the <br />Department, and any amounts recovered by the Contractor from third parties or from other <br />sources, as well as any penalties and any interest required by Subsection 4g of this Agreement. <br />e. Proiect Closeout. Project closeout occurs when the Department issues the <br />final project payment or acknowledges that the Contractor has remitted the proper refund. The <br />Contractor agrees that Project closeout by the Department does not invalidate any continuing <br />requirements imposed by this Agreement. <br />Section 8. Civil Rights. The Contractor agrees to comply with all applicable civil rights <br />laws and implementing regulations including, but not limited to, the following: <br />a. Nondiscrimination in Federal Public Transportation Programs. The <br />Contractor agrees to comply, and assures the compliance of each third party contractor at any <br />tier and each subrecipient at any tier of the Project, with the provisions of 49 U.S.C. § 5332, <br />which prohibit discrimination on the basis of race, color, creed, national origin, sex, or age, and <br />prohibits discrimination in employment or business opportunity. <br />b. Nondiscrimination — Title VI of the Civil Rights Act. The Contractor agrees to <br />comply, and assures the compliance of each third party contractor at any tier and each <br />subrecipient at any tier of the Project, with all provisions prohibiting discrimination on the basis <br />of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 <br />U.S.C. §§ 2000d et seq., and with U.S. DOT regulations, "Nondiscrimination in Federally - <br />Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil <br />Rights Act," 49 C.F.R. Part 21. <br />C. Equal Employment Opportunity. The Contractor agrees to comply, and <br />assures the compliance of each third party contractor at any tier of the Project and each <br />Page 11 of 36 <br />