incurred for the fifth Team member will be shared equally by the Department and the Contractor. The Team members, who will be identified at the pre -construction meeting, must be knowledgeable in the terms and conditions of the warranty specification and the methods used in the measurement and calculation of pavement distress. Each Team member will have an equal vote and the decision of the majority w ill be final. If a change in the team is required , the same selection procedure will be used as stated above. The Team will resolve disputes concerning defective work, warranted pavement performance, survey results, required remediation work, proposed alternate repair methods and material selection, and disputes over probable causes. The Team will meet and resolve disputes within 30 calendar days from the date of submission.
surveys and traffic counts, noting those distresses considered to be caused by factors beyond the control of the Contractor. The Contractor will not be held responsible for meeting specified performance criteria or performing remediation work within these distress areas, which will be calculated by multiplying the maximum transverse width of the distress by the maximum longitudinal length. The area of non -responsibility will be defined as a square or rectangular area centered over and equal to 150% of the distress area but extending no more than 10 feet on either side of the distress area. The Department may repair distresses determined to be caused by factors beyond the control of the Contractor using routine repair techniques. Factors beyond the control of the Contractor include the following:
4.a Base Condition . If performance surveys detect fatigue cracking or other distresses which might indicate an unacceptable base condition, a series of 6 -inch diameter cores will be drilled within the distress area, as necessary, at locations directed by the Department. The Inspector will measure the depth of each core. The cores will be tested according to PTM No. 715 and AASHTO T 209 to determine the percent of unfilled voids, PTM No. 702 or other approved test metho ds to determine the percent asphalt , and PTM No. 739 to determine gradation. Have a Representative witness the testing. Test results will be provided to the DME/DMM . If the warranted pavement meets the specified minimum thickness, the density is > 92% of theoretical maximum density and test results for percent asphalt and gradation are within the tolerances indicated in the Contractor's mix design(s), or if field evaluation clearly indicates base failure beyond the Contractor’s control, the Contractor will not be held