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I I I I I ! I I I I I I I !I I I I I I I the extent required, the Statewide Disputes Review Board will render a final decision by majority vote. Remedial work will not apply if anyone of the following factors is found to be beyond the scope of the Contract: a. Determination that the pavement thickness design is deficient. The Department will make available a copy of the original pavement thickness design package and design traffic report to the Responsible Party upon request. b. Determination that the Accumulated ESALs (Number of 18 Kip Equivalent Single Axle Loads in the design lane) have increased by 25 % or more over the Accumulated ESALs used by the Department for design purposes for the warranty period. In calculating ESALs, the Average Annual Daily Traffic (AADT) will be obtained from the Department's traffic count data and the T24 (Percent Heavy Trucks during a 24 hour period) will be obtained from the Department's traffic classification survey data. c. Determination that the deficiency was due to the failure of the existing underlying layers that were not part of the Contract work. d. Determination that the deficiency was the responsibility of a third party or its actions, unless the third party was performing work included in the Contract. If a measured distress value indicates remedial action is required per Table 338-1, Table 338-2 and/or Table 338-3, the Responsible Party must begin remedial work within 45 calendar days of notification by the Department or a ruling of the Statewide Disputes Review Board. The Disputes Review Board will determine the allowable duration for the completion of the remedial work, but not to exceed 6 months. However, after each survey, if the Department determines the extent and magnitude of pavement distresses in any areas will not affect the traffic safety, strength of pavement structure or highway aesthetics, the Engineer, at his sole option, may defer the remedial work associated with the pavement distresses. In the event remedial action is necessary and forensic information is required to determine the source of the distress, the Department may core and/or trench the pavement. The Responsible Party will not be responsible for damages to the pavement as a result of any forensic activities conducted by the Department. As applicable to distress criteria for rutting, ride and cracking for Category 1 and Category 2 pavements, when two LOTs requiring remedial action are not separated by three or more LOTs that otherwise require no remedial action, the remedial work shall be required for the total length of all such contiguous LOTs, including the intermediate LOTs otherwise requiring no remedial action. Additionally, for Category 1 and Category 2 pavements, where the limits of remedial action are defined as 150% of the distressed area, and where such areas of remedial action required due to rutting, raveling, cracking, slippage or bleeding are not separated by 1,000 feet, the remedial work will be required for the entire area contiguous to the distressed areas, including intermediate areas otherwise requiring no remedial action. The Responsible Party has the first option to perform all remedial work that is determined by the Department to be their responsibility. If, in the opinion of the Engineer, the problem poses an immediate danger to the traveling public and the Responsible Party cannot begin remedial work within 72 hours of written notification, the Engineer has the authority to have the remedial work performed by other forces. The Responsible Party is responsible for all incurred costs of the work performed by other forces should the problem (remedial work) be determined to be the responsibility of the March 2007 01000-86 03-4122.0