4 .b Dispute Resolution . For mixture acceptance testing performed by the LTS, the Contractor may request in writing that the Department retest a lot if the initial test results indicated a defective lot (remove and replace) . Provide written retest requests to the District Executive within 3 weeks of the date the LTS test results are released. Retests will not be allowed if a written retest request is not received within 3 weeks of the date the LTS test results are released. Provide quality control test results and control charts, companion sample test results (if available), test data trend evaluation, and any other pertinent information to justify the retest request. The D epartment will eval uate the information and may allow retesting if the information submitted provides a reasonable basis to conclude that the failing test results may not represent the in- place material. The LTS will perform the retest with the Contractor present, unless oth erwise agreed to in writing with the Contractor. For retesting of materials failing for asphalt content or percent passing the 75 μm (No. 200) sieve, the Inspector will identify the locations where the original box samples were collected. The Inspector will select retest sample locations 24 inches from the original sample locations longitudinally in the direction of traffic. If the 24 -inch offset causes the retest sample location to fall outside of the sublot, the Inspector will select the retest sample location 24 inches from the original sample locations longitudinally in the opposite direction from traffic. With the Inspector present, provide appropriate traffic control and drill two 6-inch diameter cores at each retest sample location for retesting purposes. Rinse all retest cores thoroughly with water immediately after drilling to remove all loose material on the core from the drilling operation. Within 24 hours after coring, backfill the holes with asphalt mixture of the same JMF or with asphalt mixture used for subsequent courses and compact and seal the asphalt mixture. Provide traffic control , core, and backfill the core holes at no cost to the Department. The test method used for asphalt determination during the original acceptance testing (PTM No. 757 or PTM No. 702) will be used for the retest, unless the (DME/DMM) grants written approval for a change in test method. The results of the retest cores will be used to calculate payment for both asphalt content and percent passing the 75 μ m (No. 200) sieve for the lot. The Department will deduct from the payment the cost per lot associated with conducting a retest as follows in Table H:
TABLE H Dispute Resolution Retest Cost Table Test Method Mixture Acceptance Retest Cost if Retest Results Indicate
100% Pay Factor(s)* Mixture Acceptance Retest Cost if Retest Results Indicate
<100% Pay Factor(