SECTION 5
CONTROL OF WORK
27
producing work equal to, or better than, that which can be produced by the
equipment specified.
• If permission is granted by the Engineer, it shall be understood that the
permission is granted for the purpose of testing the quality of work actually
produced by the equipment and is subject to continuous attainment of results
which, in the opinion of the Engineer, are equal to, or better than, that which can be
obtained with the equipment specified. The Engineer shall have the right to
withdraw permission at any time that the Engineer determines that the alternative
equipment is not producing work that is equal, in all respects, to that which can be
produced by the equipment specified. Upon withdrawal of permission by the
Engineer, the Contractor will be required to use the equipment originally specified
and shall, in accordance with the directions of the Engineer, remove and dispose of
or otherwise remedy, at the Contractor's expense, any defective or unsatisfactory
work produced with the alternative equipment.
• Neither the State nor the Contractor shall have any claim against the other for
either the withholding or the granting of permission to use alternative equipment, or
for the withdrawal of the permission.
• Permission to use alternative equipment in place of equipment specified will
only be granted where the equipment is new or improved and its use is deemed by
the Engineer to be in furtherance of the purposes of this Section 5-1.11. The
approval for use of particular equipment on any project shall in no way be
considered as an approval of the use of the equipment on any other project.
• Nothing in this Section 5-1.11 shall relieve the Contractor of the responsibility
for furnishing materials or producing finished work of the quality specified in these
specifications or in the special provisions.
5-1.115 ALTERNATIVE METHODS OF CONSTRUCTION
• Whenever the plans or specifications provide that more than one specified
method of construction or more than one specified type of material or construction
equipment may be used to perform portions of the work and leave the selection of
the method of construction or the type of material or equipment to be used up to the
Contractor, it is understood that the State does not guarantee that every specified
method of construction or type of material or equipment can be used successfully
throughout all or any part of any project. It shall be the Contractor's responsibility
to select and use the alternative or alternatives which will satisfactorily perform the
work under the conditions encountered. In the event some of the alternatives are
not feasible or it is necessary to use more than one of the alternatives on any
project, full compensation for any additional cost involved shall be considered as
included in the contract price paid for the item of work involved and no additional
compensation will be allowed therefor.
5-1.116 DIFFERING SITE CONDITIONS
• During the progress of the work, if subsurface or latent physical conditions are
encountered at the site differing materially from those indicated in the contract or if
unknown physical conditions of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in the work provided
for in the contract, are encountered at the site, the party discovering those
conditions shall promptly notify the other party in writing of the specific differing
conditions before they are disturbed and before the affected work is performed.



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