calendar days of this meeting, the chief engineer will send a written decision to the contractor. 2 The department will not consider additional appeals after this decision.
105.15.9 Adjudication
1 Within 30 calendar days from the date the chief engineer’s decision is received, if that
decision is unacceptable, the contractor may sue the commission in state district court. Adjudication will be by bench trial.
No part of this Subsection 105.15, Contract Amendment and Dispute Resolution, supersedes the laws of the State of Wyoming. The commission, in seeking to resolve a dispute, does not waive its sovereign immunity. The contractor agrees not to challenge the commission’s right to assert sovereign immunity as a complete or limited bar to the extent it has been reserved and in consideration for which the commission agrees not to assert sovereign immunity as a defense to resolve a dispute provided none of the following are included in the dispute:
or
exceeding 10 percent of the calculated amount in item 4. 3 These items are meant to limit the potential liability of the commission.
If the contractor seeks relief beyond the limits of these items, the commission may assert sovereign immunity as an affirmative defense and complete bar to the action.
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Control of Material
106.1Quality Requirements
1 Provide and use materials that meet the specified requirements.
The engineer will use procedures from the Materials Testing Manual, or products listed on the Department’s Qualified Product List (QPL) to determine whether materials meet the requirements.
When standard test methods or specifications are referenced in the contract, use methods and specifications in accordance with Subsection 105.3, Conformity with Contract.
3 When the contract refers to a particular product or manufacturer, followed by the phrase
“or an approved equal,” the department is establishing a standard of quality, durability, and design; it is not limiting competition. The department will accept products of other manufacturers if they are equal to those specified and the engineer approves in writing.
Submit certifications in accordance with Subsection 800.1, Manufactured Product Certifications.
106.2Inspection and Tests at Source of Supply
1 The engineer may inspect materials at their source.
Ensure the engineer’s access to relevant areas of the suppliers’ production facilities. Provide facilities to enable sampling of material at no additional cost to the department. Before their incorporation in the work, the engineer may retest materials tested at their source.
106.3Sources, Sites, and Haul Roads
106.3.1 General
1 Provide material sources, stockpile sites, plant sites, and associated haul roads if not
designated in the contract as department-furnished. 106.3.2 Department-Furnished 106.3.2.1 General 1 The department may acquire and make available for the contractor’s use, material sources,
stockpile sites, plant sites, and haul roads. For material sources, interpret the department’s data from the boring logs in accordance with Subsection 102.5, Examination of Documents and Work Site.
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Control of Material