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Agreement 04-2958 <br />Project No. 0424000060 <br />Project Development Agreement 2017-02-17/HIA (Created October 5, 2023)19 of 22 <br />Defaults <br />If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in <br />writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY <br />fails to do so, the non-defaulting PARTY may initiate dispute resolution. <br />Dispute Resolution <br />PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as <br />described in the Quality Management Plan. If they cannot resolve the dispute themselves, the <br />CALTRANS District Director and the Executive Officer of PERMITTEE will attempt to <br />negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will <br />initiate mediation. PARTIES agree to participate in mediation in good faith and will share <br />equally in its costs. <br />Neither the dispute nor the mediation process relieves PARTIES from full and timely <br />performance of the WORK in accordance with the terms of this AGREEMENT. However, if <br />any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to <br />ensure that the WORK continues. <br />Except for equitable relief, no PARTY may file a civil complaint until after mediation, or <br />forty-five (45) calendar days after filing the written mediation request, whichever occurs first. <br />PARTIES will file any civil complaints in the Superior Court of the county in which the <br />CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court <br />of the county in which the PROJECT is physically located. <br />PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously <br />selected remedy does not achieve resolution. <br />Prevailing Wage <br />It is PERMITTEE’s responsibility to determine if the work performed by PERMITTEE, <br />PERMITEE’s contractors, and subcontractors will require the payment of prevailing wages as <br />set by the California Department of Industrial Relations (CDIA). PERMITEE’s inquiries or <br />requests for interpretations relative to applicability and enforcement of prevailing wage <br />requirements are to be made to the CDIA. <br />INVOICE AND PAYMENT <br />PERMITTEE will pay the cost of all CALTRANS’ SERVICES. <br />ATTY/AGR.2024.134/Caltrans and IQHQ (Elco Yards Highway Improvement Agreement)(REV: 08-20-24 VR) (Page 19 of 22) <br />6.K. - Page 31 of 67 <br />415