|
<br />r""l
<br />
<br />.
<br />
<br />..,
<br />.
<br />
<br />..,
<br />
<br />.
<br />
<br />,.,
<br />.
<br />
<br />"'1
<br />.
<br />
<br />..,
<br />
<br />.
<br />
<br />"
<br />.
<br />
<br />,.,
<br />.
<br />
<br />r'1
<br />.
<br />
<br />,.,
<br />.
<br />
<br />..,
<br />.
<br />
<br />M
<br />
<br />.
<br />
<br />..,
<br />
<br />.
<br />
<br />..,
<br />
<br />.
<br />
<br />..,
<br />.
<br />
<br />,..,
<br />.
<br />
<br />...,
<br />
<br />.
<br />
<br />,..,
<br />
<br />.
<br />
<br />r"1
<br />.
<br />
<br />the extent required, the Statewide Disputes Review Board will render a final decision by
<br />majority vote.
<br />Remedial work will not apply if anyone of the following factors is found to
<br />be beyond the scope of the Contract:
<br />a. Determination that the pavement thickness design is deficient. The
<br />Department will make available a copy of the original pavement thickness design package
<br />and design traffic report to the Responsible Party upon request.
<br />b. Determination that the Accumulated ESALs (Number of 18 Kip
<br />Equivalent Single Axle Loads in the design lane) have increased by 25 % or more over the
<br />Accumulated ESALs used by the Department for design purposes for the warranty period.
<br />In calculating ESALs, the Average Annual Daily Traffic (AADT) will be obtained from the
<br />Department's traffic count data and the T24 (Percent Heavy Trucks during a 24 hour
<br />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
<br />existing underlying layers that were not part of the Contract work.
<br />d. Determination that the deficiency was the responsibility of a third
<br />party 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
<br />Table 338-1, Table 338-2 and/or Table 338-3, the Responsible Party must begin remedial
<br />work within 45 calendar days of notification by the Department or a ruling of the
<br />Statewide Disputes Review Board. The Disputes Review Board will determine the allowable
<br />duration for the completion of the remedial work, but not to exceed 6 months. However,
<br />after each survey, if the Department determines the extent and magnitude of pavement
<br />distresses in any areas will not affect the traffic safety, strength of pavement structure or
<br />highway aesthetics, the Engineer, at his sole option, may defer the remedial work
<br />associated with the pavement distresses.
<br />In the event remedial action is necessary and forensic information is required
<br />to determine the source of the distress, the Department may core and/or trench the
<br />pavement. The Responsible Party will not be responsible for damages to the pavement as a
<br />result of any forensic activities conducted by the Department.
<br />As applicable to distress criteria for rutting, ride and cracking for Category 1
<br />and Category 2 pavements, when two LOTs requiring remedial action are not separated by
<br />three or more LOTs that otherwise require no remedial action, the remedial work shall be
<br />required for the total length of all such contiguous LOTs, including the intermediate LOTs
<br />otherwise requiring no remedial action.
<br />Additionally, for Category 1 and Category 2 pavements, where the limits of
<br />remedial action are defined as 150% of the distressed area, and where such areas of
<br />remedial action required due to rutting, raveling, cracking, slippage or bleeding are not
<br />separated by 1,000 feet, the remedial work will be required for the entire area contiguous
<br />to the distressed areas, including intermediate areas otherwise requiring no remedial action.
<br />The Responsible Party has the first option to perform all remedial work that
<br />is determined by the Department to be their responsibility. If, in the opinion of the
<br />Engineer, the problem poses an immediate danger to the traveling public and the
<br />Responsible Party cannot begin remedial work within 72 hours of written notification, the
<br />Engineer has the authority to have the remedial work performed by other forces. The
<br />Responsible Party is responsible for all incurred costs of the work performed by other
<br />forces should the problem (remedial work) be determined to be the responsibility of the
<br />
<br />09/09
<br />
<br />01000-86
<br />
<br />03-4122.F
<br />
|