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Remedial work will not be required if any one of the following conditions is <br /> found to apply : <br /> a. Determination that the pavement thickness design as provided by the <br /> Department is deficient. The Department will make available a copy of the original pavement <br /> thickness design p g package and design traffic report to the Responsible Party upon request . The <br /> Responsible Party is responsible for performing all remedial work associated with the pavement <br /> distress if the pavement design is provided by the Contractor . <br /> b . Determination that the Accumulated ESALs (Number of 18 Kip <br /> Equivalent Single Axle Loads in the design lane) has increased by 25 % or more than the <br /> Accumulated ESALs used by the Department for design purposes for the warranty period for the <br /> pavement design life . In calculating ESALs, the Average Annual Daily Traffic (AADT) will be <br /> obtained from the Department ' s traffic count data and the T24 (Percent Heavy Trucks during a <br /> 24 hour period) will be obtained from the Department ' s traffic classification survey data. <br /> c . Determination that the deficiency was due to the failure of the existing <br /> underlying layers that were not part of the Contract work. <br /> d. Determination that the deficiency was the responsibility of a third party <br /> or its actions , unless the third party was performing work included in the Contract. <br /> If a measured distress value indicates remedial action is required per Table 338 - 1 , <br /> Table 338 -2 and/or Table 338 -3 , the Responsible Parry must begin remedial work within <br /> 45 calendar days of notification by the Department or a ruling of the Statewide Disputes Review <br /> Board . The Disputes Review Board will determine the allowable duration for the completion of <br /> the remedial work, but not to exceed 6 months . <br /> In the event remedial action is necessary and forensic information is required to <br /> determine the source of the distress , the Department may core and/or trench the pavement. The <br /> Responsible Party will not be responsible for damages to the pavement as a result of any forensic <br /> activities conducted by the Department . <br /> As applicable to distress criteria for rutting, ride and cracking for Category 1 and <br /> Category 2 pavements , when two LOTs requiring remedial action are not separated by three or <br /> more LOTs not requiring remedial action, the remedial work shall be required for the total length <br /> of all such contiguous LOTs , including the intermediate LOTs not requiring remedial action . <br /> Additionally, for Category 1 and Category 2 pavements , where such areas of <br /> remedial action are required due to raveling, slippage or bleeding are separated by less than <br /> 1 ,000 feet, the remedial work will be required for the entire area contiguous to the distressed <br /> areas , including intermediate areas otherwise requiring no remedial action . <br /> The Responsible Party has the first option to perform all remedial work that is <br /> determined by the Department to be their responsibility. If, in the opinion of the Engineer, the <br /> problem poses an immediate danger to the traveling public and the Responsible Party cannot <br /> provide temporary mitigation for the defect within 4 hours of written notification and restore the <br /> pavement to its original design condition within 72 hours of written notification, the Engineer <br /> has the authority to have the remedial work performed by other forces . Temporary mitigation <br /> includes the use of traffic control systems such as barricades, drums, or other approved devices <br /> to secure the area including lane closures if necessary, and constructing temporary repairs <br /> making it safe for the roadway user until the defect can be restored to its original design <br /> condition . The Responsible Party is responsible for all incurred costs of the work performed by <br /> other forces should the problem (remedial work) be determined to be the responsibility of the <br /> - 115 - <br /> FPID ( S ) : 423186 - 1 - 58 - 01 <br /> l <br />