Performance Metrics for Public–Private Partnerships (2021)

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65   The appendix contains a consolidated list of performance metrics found in the content analysis of the P3 concession agreements reviewed for this synthesis. The following pages are organized in the categories described in Chapter 2. The list is not exhaustive. When performance metrics found in two sources were essentially the same but merely differently worded, the most clearly worded alternative was selected for inclusion in the appendix. When two metrics for the same performance requirement contained different values, both were included. This was done to give the reader the details on the various ranges in values currently in use for comparison. Performance metrics from the following agencies are included in the appendix: • California DOT • Colorado DOT • Florida DOT • North Carolina Turnpike Authority • Pennsylvania DOT • Texas DOT • Virginia DOT A P P E N D I X C Concession Agreement Performance Metrics Content Analysis

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Inspection & Reporting Level of Service Rating Program Conduct quarterly rating in accordance with LOS2000. Meet minimum quarterly LOS2000 rating for individual elements and overall system. Caltrans Conduct annual rating in accordance with LOS2000. Meet minimum annual LOS2000 rating for individual elements and overall system. Caltrans Achieve TIGER grant performance goals. Traffic in managed lanes moves at least 45 mph at least 95% of the time, except for incidents or explained events. CDOT O&M Plan Annual updates to the O&M plan. Within 45 days prior to the beginning of each Fiscal Year, update the O&M Plan and submit it to DOT for review and approval. FDOT, NCTA, Caltrans, CDOT O&M Monthly and Annual Reports O&M monthly reports. Deliver the O&M Monthly Report to DOT no later than the 15th day of the subsequent month. FDOT, NCTA, Caltrans, CDOT O&M annual reports. Deliver the O&M Annual Report to DOT no later than the 30th day of the subsequent Fiscal Year. FDOT, NCTA, Caltrans, CDOT Renewal Work Plan Annual updates to the renewal work plan. Within 45 days prior to the beginning of each Fiscal Year, update the Renewal Work Plan and submit it to DOT for review and approval. FDOT, NCTA, Caltrans, CDOT Renewal Work Report Renewal work reports. Deliver the Renewal Work Report, including any as-built drawings, to DOT no later than the 45th day of the subsequent Fiscal Year. FDOT, NCTA, Caltrans, CDOT Emergency Reporting Emergency reports. Provide DOT with a detailed damage report within 24 hours after the occurrence of an emergency. FDOT, NCTA, Caltrans, CDOT Maintenance Patrols Conduct maintenance patrols to detect any issues on the facility that need to be addressed. Conduct a daily maintenance patrol and visual inspection of the entire facility to identify any incidents or deficiencies. Submit an incident/deficiency report to DOT by 7:00 a.m. the following day. FDOT, NCTA, Caltrans, CDOT Noncompliance Event and Closure Reporting Notification of O&M noncompliance events and closures to DOT. Notify DOT of O&M Noncompliance Events and Closures within 48 hours of the event. FDOT, NCTA Integrated Maintenance Management System Provide inventory data. Provide monthly O&M report; conduct complete inventory every 5 years. Caltrans, CDOT Sustainability Management Plan Prepare revised Sustainability Management plan for each O&M period. Submit sustainability program per Div. I, 1.5.5, and Div. II Section 4 Chapter 1.14. Caltrans Remedial Plan Delivery of Remedial Plan to DOT. Deliver remedial plan to DOT. FDOT, NCTA Customer Response Response to inquiries . Contact the customer within 48 hours following initial customer inquiry. All work resulting from customer requests is scheduled within 48 hours of customer contact. Follow up contact with the customer within 72 hours of initial inquiry. All customer concerns/requests are resolved to TxDOT’s satisfaction within 2 weeks of the initial inquiry. TxDOT 96% of all customer, violator, and public requests are responded to within 3 days. CDOT Keep a timely and effective response to patron inquiries, complaints, and identification of noncompliance per Section 3 of the Technical Provisions PennDOT

O&M Performance Metrics Category Minimum Performance Requirements Agency Customer contact line. Telephone line manned during business hours and 24-hour availability of messaging system. Faults to telephone line or message system rectified. TxDOT, CDOT Establish and advertise a reliable telephone line during business hours and 24-hour availability of messaging system per Section 3 of the Technical Provisions. Keep telephone line or message system free of faults. PennDOT Roadway Pavements All roadways have a smooth and quiet surface course (including bridge decks, covers, gratings, frames, and boxes), with adequate skid resistance and free from ruts. Pavement Condition Score for 80% of Auditable Sections exceeding: Mainlanes and ramps – 90; Frontage roads – 80. TxDOT Pavement Condition Score of Auditable Sections exceeding: Mainlanes and ramps – 80; Frontage roads – 70. TxDOT Ruts – Mainlanes, shoulders, and ramps depth as measured using an automated device in compliance with TxDOT standards. Percentage of wheel path length with ruts greater than ¼ in. in depth in each auditable section; Mainlanes, shoulders, and ramps – 3%; Frontage roads – please provide a percentage or some measurement for 5%. TxDOT No more than 3% of wheel path length wheel ruts greater than 1.5 in. in depth in each audited section. CDOT Ride quality Measurement of International Roughness Index (IRI): For 80% of all Auditable Sections measured, IRI throughout 98% of each Auditable Section is less than or equal - Mainlanes, ramps – 95" per mile; Frontage roads – 120 in. per mile. TxDOT Failures Instances of failures exceeding the failure criteria set forth in the TxDOT PMIS Rater’s Manual - Occurrence of any failure. TxDOT Maintain safe skid resistance level. Respond to the Department notification when low skid resistance is detected, perform a site investigation and perform Maintenance Work to eliminate unsafe condition. PennDOT Maintain flexible pavement free of edge drop-off greater than 2 in. (compared to adjacent pavement, approach slab or bridge deck surface). For assessing edge drop-offs, follow Pub. 23 and other Department Publications as applicable. PennDOT Edge drop-offs: Number of instances of edge drop-off greater than 2 in. TxDOT, CDOT The Contractor shall respond immediately to all incidental pavement failures (pot holes, cracks, raveling, shoving, edge drop-offs, rutting, etc.) that are cause for safety concern, which includes permanent patch repairs and/or site mitigation. VDOT Maintain ride quality with no discontinuities greater than ¼ in. for every 10 feet straight edge. For assessing ride quality, follow Pub 242 and other Department Publications as applicable. PennDOT Crossovers and other paved areas are free of defects. Number of pot holes of low severity or higher; number of base failures of low severity or higher. TxDOT, CDOT Task

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Curbs are free of defects. Length of curb out of alignment TxDOT, CDOT Maintain sidewalks, curbs, and pedestrian protection measures free of damages. Maintain sidewalks and curbs free of misalignment greater than ½ in., sidewalk edge vertical misalignments greater than ¼ in., and cracks greater than ½ in. Maintain sidewalks and curbs free of exposed steel, free of vegetation, and free of safety hazards. PennDOT Maintenance/access roads are free of defect. Cross slope less than 3% or more than 6%; shoulder cross slope less than travel way cross slope. Shoulder lower or higher than travel way sides of ditches slumping or eroding, or obstructed by debris. Depth of ruts or pot holes at any location greater than 1 in.; locations where subgrade failure is evident. TxDOT Flexible Pavement Flexible Pavement Maintain flexible pavement at acceptable condition and level of safety for traveling public. For any continuous one-mile segment, maintain a Pavement Condition Survey Manual rating of 80 or higher for HOT Lane pavement. FDOT, NCTA For any continuous one mile segment, maintain a Pavement Condition Survey Manual rating of 80 or higher for General Purpose Lane pavement. FDOT, NCTA Maintain flexible pavement free high-severity fatigue cracking, and high-severity transverse and miscellaneous cracking; for assessing severity of cracking, follow Pub. 336, Pub 242, and Pub 23, and other Department publications as applicable. Remove and replace distressed layers full lane width to a depth necessary to correct observed distress and length not less than 10 feet longitudinally beyond the distressed area, in any case not to exceed the maintenance limits. PennDOT Ride quality to be maintained at IRI < 95. Caltans Repair alligator cracking in excess of 30%; repair cracks greater than or equal to 0.25 in. in width. Caltans Repair all pot holes and slippage areas greater than 1.0 sq. feet in area and/or between 1.0 in. and 2.0 in. deep. FDOT, NCTA Repair all pot holes and slippage areas greater than 2.0 in. deep. FDOT, NCTA Repair all pot holes and slippage areas greater than 0.5 sq. feet in area and 1.5 in. deep. Caltrans Repair all pot holes of any severity level. CDOT Maintain flexible pavement free of rutting greater than in. PennDOT There shall be no continuous section of edge raveling 4 in. or wider exceeding 25 feet in length. The shoved area shall not exceed a cumulative 25 feet. VDOT Repair all wheel ruts greater than 1 in. deep. Caltrans, VDOT Repair all settlement/depression greater than 1.5 in. in depth over 50 feet. Caltrans

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Requirement to add crack sealing material to all visual cracks every 3 years or as needed. Cracks that are open greater than 1 in. need to be sealed as soon as possible to mitigate safety issues. CDOT Seal all cracks greater than 0.1 in. if there are greater than 50 linear feet of such cracks in any continuous of a lane mile segment. FDOT, NCTA Maintain flexible pavement free of low and medium severity transverse cracking and other miscellaneous cracking. For assessing severity of cracking, follow Pub. 336, Pub 242, and Pub 23, and other Department publications as applicable. Seal cracks as specified in Pub. 336 and Pub 408. PennDOT Maintain flexible pavement free of flushing. For assessing flushing conditions, follow Pub 336 and other Department Publications as applicable. Remove and replace distressed layers full lane width to a depth necessary to correct observed distress not less than 10 feet longitudinally beyond the distressed area, in any case not to exceed the Maintenance Limits. PennDOT Rigid Pavement Rigid Pavement Maintain rigid pavement at acceptable condition and level of safety for traveling public. For any continuous 1-mile segment, maintain a Pavement Condition Survey Manual rating of 80 or higher for HOT Lane pavement. FDOT, NCTA For any continuous one-mile segment, maintain a Pavement Condition Survey Manual rating of 80 or higher for General Purpose Lane pavement. FDOT, NCTA Ride quality to be maintained at IRI < 95. Caltans Repair all spalls, pot holes, and punchouts greater than 1.0 square foot in area and/or between 1.0 in. and 2.0 in. deep. FDOT, NCTA Repair all spalls exceeding 4 in. Caltans Repair differential lane-shoulder drop-offs greater than ½ in. FDOT, NCTA Repair differential lane-lane drop-offs greater than ¼ in. FDOT, NCTA Repair all pot holes and slippage areas greater than 0.5 square feet in area and 1.5 in. deep. Caltrans, VDOT Repair all spalls, pot holes, and punchouts greater than 2.0 in. deep. FDOT, NCTA Maintain rigid pavement free of pot holes and spalling greater than 1.0 square feet in area or 1.0 in. deep, including any single area in the wheel path exceeding 3 in. in width measured longitudinally and 12 in. in length measured transversely. For assessing pot holes and spalling, follow Pub. 336, Pub. 242, Pub. 23, Pub. 72M, RC-26, and other Department Publications as applicable. PennDOT Seal all joints and cracks and repair damaged joints. FDOT, NCTA Joints in concrete paving are sealed and watertight — length of unsealed joints greater than ¼ in. TxDOT, CDOT, VDOT 10

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Longitudinal joint separation- Joint width more than 1 in. or faulting more than ¼ in. TxDOT, CDOT Level adjacent slabs if deviation exceeds 0.5 in. Caltrans Repair or replace all slabs where movement is evident, regardless of the number of pieces the slab is broken into, including but not limited to corner breaks. FDOT, NCTA Slopes, Fencing and Vegetation Vegetation Control Continually monitor walls, slopes, and barriers for vegetation growth. Monitor roadside vegetation on shoulders, under guardrail, attenuators, and other areas. No tree and shrub overhanging Traffic Lanes and Shoulders. FDOT, NCTA Maintain tree and shrub growth to provide at least a 17-foot high clearance above all travel Lanes. Caltrans Maintain mowable areas at a height between 4 and 18 in. and in accordance with Exhibit 23-01. FDOT, NCTA Maintain mowable areas at a height between 3 and 6 in. Caltrans Maintain 95% of mowable areas at a height between 8 and 30 in. CDOT No trees or woody growth greater than 1.0 in. in diameter within the established cleared area. FDOT, NCTA Maintain all portions of the travel lanes, shoulders, curbs, gutters, and drainage structures free of plant growth and vegetation. FDOT, NCTA Maintain all walls, barriers, and other roadway features free of undesirable vegetative growth. FDOT, NCTA, Caltrans Turf - no continuous brown-out areas greater than 50 sq. feet. FDOT, NCTA No bare or erodible areas. FDOT, NCTA Slope — No washouts or ruts greater than 6 in. deep and 2 feet wide, or erosion showing a pattern that will endanger the stability of the slope creating an unsafe recovery area. FDOT, NCTA No off-site siltation. FDOT, NCTA No slope failures. FDOT, NCTA Unpaved Shoulder — No drop-offs greater than 2.0 in. within 10 feet of the edge of Travelway, no shoulders higher than 2.0 in. within 10 feet of the edge of Travelway, and no Shoulders that cause water to drain back within the Travelway. FDOT, NCTA Use pesticides in accordance with all Laws and Governmental Approvals, permits, regulations and as set forth in the CA Documents. FDOT, NCTA, Caltrans Meet all other technical requirements for vegetation control set forth in the Maintenance Operations Manual. FDOT, NCTA Urban areas; physical measurement of height of grass and weeds: Individual measurement areas in each urban areas, physical measurement of height of grass and weeds auditable. TxDOT Rural areas; physical measurement of height of grass and weeds: Individual measurement areas in each urban areas Physical measurement of height of grass and weeds auditable. TxDOT

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Encroachment: Visual inspection of number instances of encroachment of vegetation. TxDOT Sight lines: Number of instances of impairment of sight lines or sight distance to signs in each auditable section. TxDOT Fencing Maintain fence in acceptable condition and level of safety for the traveling public. Repair or replace damaged and/or broken fences that no longer provide access control and/or a physical barrier. FDOT, NCTA, Caltrans Maintenance and immediate repair or replacement of any fences that hold livestock. CDOT Fences shall be functional, visible, and accessible. Fences and fence posts shall be plumb, and fence shall have no sags or deflections greater than 6 in. FDOT, NCTA, Caltrans The Contractor shall maintain all existing fence intact and functional as designed and ensure that no greater than 10% is damaged as to allow access. There shall be no present or leaning vegetation on the fence where sections of farm or security fence are damaged, and pedestrians, livestock, and unauthorized vehicles may access the right-of-way; temporary repairs shall be made immediately. VDOT Maintain fences fully functional and free of damage. Repair or replace fences that no longer provide access control and/or a physical barrier. For assessing fence, follow RC-60M and RC- 61M, and other Department publications as applicable PennDOT Retaining Walls Maintain retaining walls at acceptable level of safety for the traveling public (non- structural damage or deterioration). Keep weep holes in walls open. No washouts or separation at top of wall. FDOT, NCTA, Caltrans Prevent erosion at base on walls. FDOT, NCTA, Caltrans Seal cracks or joints in accordance with the Bridge Maintenance Manual. FDOT, NCTA Repair all spalls greater than 1.0 in. deep with a surface area greater than 1.0 square feet. FDOT, NCTA Maintain structural safety and integrity of retaining walls and free of any damage and hazards, including blocked weep holes, undesirable vegetation, defects in joint sealants, defects in pedestrian protection, scour damage, corrosion of reinforcing bars, cracked masonry, cracked, loose, or missing mortar, efflorescence, paint system failure, concrete spalling, impact damage, loss of backfill, and settlement or movement beyond tolerable movement design criteria or affecting performance. Maintain walls in the vertical and horizontal position accounting for tolerable movements per DM4 11.6.2. For inspection and assessment follow National Bridge Inspection Standards (NBIS) of 23 CFR Part 650, FHWA’s Bridge Inspector’s Reference Manual, Pub 55, Pub. 238, Pub. 100A, and other Department publications. PennDOT

Litter and Debris Debris and Encumbrances Removal Remove debris or encumbrances, carcasses, and other roadway obstructions in the Travelways that constitute a safety hazard or imminent danger. FDOT, NCTA, Caltrans Remove debris or encumbrances, carcasses, and other obstructions on the Shoulders and other areas not on the Travelway. FDOT, NCTA, Caltrans Dispose of collected debris, carcasses, and other roadway obstructions in accordance with all laws and governmental approvals, permits, regulations, and as set forth in the CA Documents. FDOT, NCTA, Caltrans The Contractor shall respond immediately upon detection. Road kill and debris shall be removed promptly from the right-of-way and properly disposed of. The Contractor shall ensure that items within the road that may have an impact on public health and safety shall be addressed immediately upon notification. VDOT Meet all other technical requirements for debris removal set forth in the Maintenance Operations Manual. FDOT, NCTA, Caltrans Removal of tire casings, automobile wreckage, animal carcasses, and other debris from travel lanes and Shoulder. O&M Performance Metrics Category Task Minimum Performance Requirements Agency Maintain retaining walls at acceptable level of safety for the traveling public (structural damage). Complete all emergency/temporary repairs of damage to the structural integrity that creates a public safety hazard or traffic safety hazard or compromises the system. FDOT, NCTA, CDOT Complete all permanent repairs of damage to the structural integrity that creates a public safety hazard or traffic safety hazard or compromises the system. FDOT, NCTA Earthwork, Embankments, Cuts Prevent erosion and maintain slope stability and ensure safety. Complete all temporary repairs of damage to the structural integrity that creates a public safety hazard or traffic safety hazard or compromises the system, as directed by DOT through a Change Order. FDOT, NCTA Complete all permanent repairs of damage to the structural integrity that creates a public safety hazard or traffic safety hazard or compromises the system, as directed by DOT through a Change Order. FDOT, NCTA Number of recorded instances of slope failure in each auditable section. TxDOT, CDOT The Contractor shall maintain the slopes in general conformance to the original graded cross- sections. There shall be no erosion showing a pattern that will endanger the stability of the slope. For slide areas, which develop and infringe upon the roadway, shoulder area, and/or ditch area, the Contractor shall provide temporary traffic control and maintain ditch drainage. Slide areas shall be rectified within 120 days or as weather permits. VDOT No slope failure, undercut slopes or embankments, no slumped areas. Maintain slopes and embankments in general conformance to the original graded cross-sections in the Design Documents. Replace landscaping materials and reseeding as necessary for erosion control. Remove and dispose of all eroded materials and keep roadways, shoulders, and replacement bridges clear of eroded material. All structural or natural failures of embankments and cut slopes are to be repaired and maintained according to their original grades, landscaping materials (including reseeding and re-vegetation for erosion control purposes) are to be replaced, and eroded materials are to be removed and disposed of. For assessing slopes, follow RC-40M and Pub 23 and Department publications as applicable. PennDOT Slopes are maintained in general conformance to the original graded cross-sections, the replacement of landscaping materials, reseeding, and re-vegetation for erosion control purposes. Inspection records showing compliance with requirements for slopes in each auditable section. TxDOT, CDOT

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Sweeping. Buildup of dirt, ice, rock, debris, etc., on roadways and bridges not to accumulate greater than 24 in. wide or ½ in. deep. TxDOT, CDOT Litter Removal Removal of litter within project right-of-way. Start one litter collection cycle every two weeks. FDOT, NCTA Finish each litter collection cycle within one week after starting. FDOT, NCTA Clean all areas of minor litter items, such as cigarette ends, weekly. Caltrans The Contractor shall ensure that the roadside appears neat and clean. The Contractor shall ensure that there is no more than 10 pieces of litter per 0.1-mile section and no more than six cubic feet per acre of total litter accumulation. Illegal dumping shall be reported immediately. Litter shall be legally disposed of in accordance with federal, state, and city waste disposal laws and ordinances. Areas of excessive litter which exceed the above numbers shall be removed within 48 hours. VDOT Collect excessive litter upon notification or discovery. FDOT, NCTA, Caltrans Dispose of collected litter/debris in accordance with all Laws and Governmental Approvals, permits, regulations and as set forth in the CA Documents. FDOT, NCTA, Caltrans Meet all other technical requirements for litter removal set forth in the Maintenance Operations Manual. FDOT, NCTA, Caltrans No more than 20 pieces of litter per roadside mile shall be visible when traveling at highway speed. TxDOT, CDOT Graffiti Removal Continually monitor and maintain assets free of graffiti. Remove graffiti from traffic devices where it is a safety hazard. FDOT, NCTA, Remove graffiti of an obscene nature within 24 hours of notification. Caltrans Remove other graffiti that is not a safety hazard. FDOT, NCTA, The Contractor shall remove graffiti within 7 days of detection from all roadway surfaces, including but not limited to concrete barriers, temporary concrete barriers, and sound barriers. VDOT Meet all other technical requirements for graffiti removal set forth in the Maintenance Operations Manual. FDOT, NCTA Hazardous Materials/Fuel Spills Inspect the area impacted after a fuel spill or other contamination event and remove any contamination in accordance with contract 23.1.10 of the Technical Provisions. Respond to the scene upon notification and document situation and report to DOT. FDOT, NCTA, Caltrans Begin implementation of clean-up/containment efforts in accordance with the O&M Plan. FDOT, NCTA, Caltrans Complete initial containment and removal efforts to maintain public safety in accordance with the O&M Plan and notify DOT of initial assessment of affected area(s). FDOT, NCTA, Caltrans Manage mitigation and removal Work. Restore contaminated area to its initial condition in accordance with the O&M Plan. FDOT, NCTA, Caltrans Conduct contamination removal Work in accordance with all Laws and Governmental Approvals, permits, regulations, and as set forth in the CA Documents. FDOT, NCTA, Caltrans Meet all other technical requirements for hazardous materials set forth in the Maintenance Operations Manual. FDOT, NCTA, Caltrans

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Landscaping Landscaping Continually monitor landscaped areas. Landscaped areas and plantings are to be maintained in healthy conditions (and free of disease and pests) in accordance with Developer’s Corridor Landscaping and Aesthetics Plan. FDOT, NCTA, Caltrans Maintain irrigation systems free of functional defects as originally designed and installed. Caltrans The Contractor shall maintain a neat overall landscape appearance. Ornamentals and shrubs shall be pruned for optimum aesthetics and plant health. Plant beds shall be regularly mulched and weed free at all times. Wildflowers shall be planted and managed to meet or exceed the Department’s usual practice. Weeds shall be controlled before they obscure regulatory signs. Noxious weeds identified posing a negative economic impact to the horticultural or agricultural use of adjacent lands shall be controlled within 14 days. Weeds impeding drainage or contributing to erosion by destroying desirable groundcovers shall be removed within 30 days. VDOT All landscaped areas are maintained to their originally constructed condition. Landscaped areas are as designated in the plans. Mowing, litter pickup, irrigation system maintenance and operation, plant maintenance, pruning, insect, disease and pest control, fertilization, mulching, bed maintenance, and watering are undertaken as per MMP. The height of grass and weeds is kept between 2 and 8 in. Mowing begins before vegetation reaches 8 in. Damaged or dead vegetation is replaced. TxDOT, CDOT Trees, brush, and ornamentals. Trees, brush and ornamentals on the right-of-way, except in established no mow areas, are trimmed in accordance with TxDOT standards. Trees, brush, and ornamentals are trimmed to insure they do not interfere with vehicles or sight distance or inhibit the visibility of signs. Dead trees, brush, ornamentals, and branches are removed. Potentially dangerous trees or limbs are removed. All undesirable trees and vegetation are removed. Diseased trees or limbs are treated or removed by licensed Contractors. TxDOT, CDOT Sound and Privacy Walls Maintain sound and privacy walls at acceptable levels of safety for the traveling public (non-structural damage or deterioration). Prevent erosion at base on walls. FDOT, NCTA Seal cracks or joints in accordance with the Bridge Maintenance Manual. FDOT, NCTA Repair all spalls greater than 1.0 in. deep with a surface area greater than 1.0 sq. foot. FDOT, NCTA Meet all other technical requirements for sound/privacy walls set forth in the Maintenance Operations Manual. FDOT, NCTA Inspection records for fences and walls showing compliance with fence and wall requirements in each auditable section. TxDOT, CDOT

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Maintain sound and privacy walls at acceptable levels of safety for the traveling public (structural damage). Complete all emergency/temporary repairs of damage to the structural integrity that creates a public safety hazard or traffic safety hazard or compromises the system. FDOT, NCTA Complete all permanent repairs of damage to the structural integrity that creates a public safety hazard or traffic safety hazard or compromises the system. FDOT, NCTA Any damage to the structural integrity or stability shall be addressed within 24 hours and scheduled for repairs within 7 days. All non-structural damage shall be repaired within 45 days or as weather permits. VDOT Inspection records for fences and walls showing compliance with fence and wall requirements in each auditable section. TxDOT, CDOT Stormwater, Drainage, and Basins Drains & Drainage Maintain drainage system in acceptable condition and level of safety for the traveling public. Clear obstructed culverts, drains, ditches, inlets, etc., or sediment, vegetation, and debris when they are greater than 50% blocked. Conduct culvert inspection and video culverts as necessary. FDOT, NCTA, Caltrans Length of pipe or channel in feet with less than 90% of cross-sectional clear area, calculated as the arithmetic mean of the clear cross-sectional areas of individual 10-foot lengths of pipes and channels in each auditable section. TxDOT Visual inspection supplemented by CCTV where required to inspect buried pipe work. Length with less than 90% of cross-section clear (feet). CDOT Maintain Travelways free of standing water. FDOT, NCTA, Caltrans, CDOT Number of instances of hazardous water build-up. TxDOT No damage due to cracking, joint failures, or corrosion that affects performance. No water infiltration causing sub base erosion, pavement failures, shoulder failures, or roadway settlement. FDOT, NCTA No eroded area at the inlet or outlet that is wider or longer than 1.5 times the pipe diameter and greater than 6 in. deep. No pipe shall be perched more than 12 in. FDOT, NCTA Maintain full functionality and reliability of pipes, swales, inlets, headwalls, treatment, balancing systems, flow and spillage control devices, and other Elements of the drainage system as intended in the Design Documents. Maintain all ditches and swales such that they convey runoffs from the roadway. At a minimum, maintain all Elements of drainage system clean and clear of obstructions (at a minimum, 90% of the opening of drainage Elements should be clear of obstructions) and without obstruction to inlet or outlet flow. Maintain non- bridge-class culverts free of deterioration in sealant to movement joints; scour damage, corrosion, and loss of section. For assessment of drainage Elements, follow Pub. 23, Pub. 73, and other Department publications as applicable. PennDOT

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Drainage treatment and balancing systems, flow and spillage control devices function correctly, and their location and means of operation are recorded adequately to permit their correct operation on Emergency. Number of devices functioning correctly with means of operation displayed. TxDOT Cross Pipes and Culverts. Debris and/or other material which is restricting water flow in a culvert shall be removed within 120 days. VDOT Endangered species. No Maintenance Work shall disturb or alter the habitat or threaten the life of any Endangered species. PennDOT Named species and habitats are protected. Auditable Sections with named species and habitats with protection of these named species and habitats. TxDOT Retention/ Hazardous Spill Basins Ensure that all retention/hazardous spill basins are working properly and free of functional defects. Meet all technical requirements for inspection and maintenance of retention/hazardous spill basins in accordance with DOT memorandum dated December 18, 2003. regarding Hazardous Spill Basin Maintenance Policy. FDOT, NCTA Appropriately maintained level of all permanent water quality features. CDOT Monitor the Project and respond to Incidents involving Hazardous Materials in accordance with the Maintenance Management Plan (MMP). Inspection records showing compliance with the MMP details regarding hazardous materials in each auditable section. TxDOT Erosion & Sedimentation Control Ensure that all erosion and sedimentation control measures comply with Developer’s Stormwater Pollution Prevention Plan and Stormwater Management Program. Ensure that all erosion and sedimentation control measures comply with Developer’s Stormwater Pollution Prevention Plan, Developer’s Stormwater Management Program, and the Maintenance Operations Manual. FDOT, NCTA, Caltrans Permits Maintain all facilities in line with permits. Comply with governmental approvals and permit requirements, monitoring, and reporting. FDOT, NCTA, Caltrans Surface water discharge systems perform their proper function, and discharge to groundwater and waterways complies with the relevant legislation and permits. Auditable Sections with surface water discharge systems performing their proper function and discharging in compliance with the relevant legislation and permits. TxDOT Structures Structures Substructures and superstructures are free of: graffiti, undesirable vegetation, debris and bird droppings, blocked drains, weep pipes manholes and chambers, blocked drainage holes in structural components, defects in joint sealants, defects in pedestrian protection measure, scour damage. Inspection and assessment in accordance with the requirements of federal National Bridge Inspection Standards (NBIS). Records as required in the TxDOT Bridge Inspection Manual Occurrence of condition rating, in accordance with the TxDOT Bridge Inspection Manual, below seven for any deck, superstructure, or substructure Auditable Sections with structure components with condition states of one. TxDOT, CDOT

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Maintain integrity and soundness of all structural Elements to ensure a safe condition for the traveling public. Maintain structures and Replacement Bridge Elements safe and fully functional as intended in the Design Documents and free of deterioration and damages, including scour damages, corrosion of rebar, steel corrosion, unsound concrete, failure or delamination of the overlay greater than 1 sq. foot, excessive cracking, delaminated concrete, spalled concrete or pot holes, loss of section, settlement or movement beyond tolerable movement design criteria or affecting performance of structure. For inspection and assessment follow National Bridge Inspection Standards (NBIS) of 23 CFR Part 650, FHWA’s Bridge Inspector’s Reference Manual, Pub 55, Pub. 238, Pub. 100A, and Department Publications as applicable. PennDOT Structure components. Parapets are free of: loose nuts or bolts, blockages of hollow section drain holes, graffiti, vegetation, accident damage; Bearings and bearing shelves are clean. Sliding and roller surfaces are clean and greased to ensure satisfactory performance. TxDOT, CDOT Maintain bearing elements (including bearings, bearing shelves, sliding and roller surfaces) clean, free of debris and vegetation, fully functional and reliable as intended in the Design Documents. Comply with the manufacturers’ instructions. PennDOT Maintain Replacement Bridge structural steel Elements free of paint system failure, rust, loose nuts and bolts, corrosion, cracks, and loss of section. For assessing maintenance requirements of steel elements, follow Pub 55 and other Department publications as applicable. PennDOT Keep all hatches and points of access fully operational as well as lockable entryways. PennDOT Structures Load ratings. All structures maintain the design load. TxDOT, CDOT Meet and maintain Bridge Load Ratings according to the NBIS and Department requirements. Maintain the designed load capacity in all structures. Ensure any damage to Replacement Bridges does not impact the design load ratings as indicated on the approved structure plans for that location. For inspection and assessment, follow Pub. 238. PennDOT Sign, signal, and lighting support structures. Maintain structural safety and functionality of sign, signal, and lighting support structures (which are not otherwise the responsibility of the Department per Section 17.1.10 of the Technical Provisions) and keep free of loose nuts and bolts, damages in surface protection systems, corrosion, cracks in steel, loss of section, impact damage, graffiti, vandalism, and debris/vegetation on pedestals and anchorages. PennDOT Gantries and high masts. Sign signal gantries, high masts that are structurally sound and free of loose nuts and bolts, defects in surface protection systems, graffiti. TxDOT, CDOT Damage Repair Repair major damage. Complete temporary repairs to restore safe travel conditions (to the extent physically feasible) for any major damage as defined in contract. FDOT, NCTA, Caltrans

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Begin implementation of remediation Work for permanent repairs. FDOT, NCTA Complete permanent repairs to major damage as defined in contract. FDOT, NCTA, Meet all other technical requirements for Structures set forth in the Maintenance Operations Manual. FDOT, NCTA Repair minor damage. Repair minor damage as defined in contract. FDOT, NCTA, Bridge Deck Maintain bridge deck at acceptable condition and level of safety for traveling public. Repair all cracks greater than or equal to ⅛ in. in width if there are greater than 50 linear feet of such cracks in any 500 square feet. of bridge deck. FDOT, NCTA Repair or replace all bearings or joint seals that no longer function properly. FDOT, NCTA No exposed reinforcing steel on bridge deck. FDOT, NCTA Repair all spalls and pot holes greater than 1.0 square feet in area and/or between 1.0 in. and 2.0 in. deep. FDOT, NCTA Repair all pot holes and slippage areas greater than 0.5 square feet in area and 1.5 in. deep. Caltrans Expansion joints are free of dirt debris and vegetation, defects in drainage systems, loose nuts and bolts, and defects in gaskets. The deck drainage system is free of all and operates as intended. TxDOT Wash, clean and flush Replacement Bridge decks (and drains) at a minimum once per year and bearings and substructures at a minimum of once every five years per Pub 55, in accordance with the schedule in the Maintenance Management Plan. PennDOT Maintain safe skid resistance level. Respond to the Department notification when low skid resistance is detected, perform a site investigation, and perform maintenance work to eliminate unsafe condition. PennDOT Maintain ride quality with no discontinuities greater than ¼ in. for every 10-foot straight edge (including discontinuities between deck and approach slabs). For assessing ride quality, follow Pub 242 and other Department Publications as applicable. PennDOT Tunnel Systems Tunnel Systems Operability Mechanical systems operability. Maintain performance above 98% up time. Caltrans Fire protection/detection systems operability. Maintain performance above 98% up time. Caltrans Electrical power distribution systems operability. Maintain performance above 98% up time. Caltrans SCADA systems operability. Maintain performance above 98% up time. Caltrans Tunnel air quality. Maintain CO levels < 35 ppm for 60-minute period. Caltrans Tunnel washing. Wash tunnels quarterly. Caltrans

O&M Performance Metrics Category Task Minimum Performance Requirements Agency ITS & Communications Systems ITS Systems Operability Highway advisory radio (HAR). Maintain monthly HAR system performance (up time) above 98%. FDOT, NCTA, Caltrans Rectify each individual HAR defect to restore full functionality during the observation period defined in contract. FDOT, NCTA, Caltrans Traffic monitoring stations. Maintain monthly traffic monitoring station system performance (up time) above 95%. FDOT, NCTA, Caltrans Rectify each individual traffic monitoring station defect to restore full functionality during the observation period defined in contract. FDOT, NCTA, Caltrans Message sign system (excluding toll rate signs). Maintain monthly message sign system performance (up time) above 95%. FDOT, NCTA, Rectify each individual message sign defect to restore full functionality during the observation period defined in contract. FDOT, NCTA, Caltrans Dynamic Message Signs are free from faults such as: i)Any signal displaying a message which is deemed to be a safety hazard; ii) failure of system to clear sign settings when appropriate: 2 or more contiguous sign failures that prevent control office setting strategic diversions, signs displaying an incorrect message. TxDOT Incident detection system. Maintain monthly incident detection system performance (up time) above 98%. FDOT, NCTA, Caltrans Rectify each individual CCTV camera/incident detection system defect to restore full functionality during the observation period defined in contract. FDOT, NCTA, Caltrans CCTV Systems are free from serious faults that significantly limit the availability of the operators to monitor the area network, such as: failure of CCTV Systems to provide control offices with access and control of CCTV images; failure of a CCTV camera or its video transmission system; failure of a Pan/Tilt unit or its control system; moisture ingress onto CCTV camera lens; faults that result in significant degradation of CCTV images. TxDOT Developer TMC Security system. Maintain monthly Developer TMC security system performance (up time) above 99%. FDOT, NCTA Rectify each individual security camera/system defect to restore full functionality during the observation period defined in contract. FDOT, NCTA Roadway Weather Information Station System (RWIS). Maintain monthly RWIS performance (up time) above 95%. FDOT, NCTA, Caltrans Rectify each individual RWIS defect to restore full functionality during the observation period defined in contract. FDOT, NCTA, Caltrans Two-way radio system. Maintain monthly two-way radio system performance (up time) above 99%. FDOT, NCTA Maintain monthly two-way radio system performance (up time) above 95%. Caltrans Rectify each individual two-way radio system defect to restore full functionality during the observation period defined in contract. FDOT, NCTA, Caltrans

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Call boxes. Maintain monthly call box system performance (up time) above 95%. FDOT, NCTA, Caltrans Rectify each individual call box defect to restore full functionality during the observation period defined in contract. FDOT, NCTA, Caltrans All other ITS systems. Maintain monthly system performance (up time) above 95% for all other ITS systems. FDOT, NCTA Rectify each individual other ITS system defect to restore full functionality during the observation period defined in contract. FDOT, NCTA Emergency maintenance repair. Implement emergency maintenance repairs in accordance with contract. FDOT, NCTA, Caltrans ITS Maintenance Inspection, testing, maintenance, etc. of all ITS system components. Conduct routine inspections, testing, and maintenance in accordance with all Laws and equipment manufacturer's recommendations. FDOT, NCTA, Caltrans Existing Communication Links Maintaining existing communication links within the project right-of-way. Repair or replace damaged communications equipment (fiber optic cable, conduit, pull boxes, splice cabinets, hubs, etc.). Damaged fiber optic cable may be temporarily fusion spliced. FDOT, NCTA, Caltrans Replaced any damaged fiber optic cable from termination point to termination point with the same type of cable. FDOT, NCTA, Caltrans Tolling HOT Lanes Operations Manage lanes speed monitoring. Maintain daily Traffic Monitoring Station performance uptime 99.8% per calendar month. FDOT, NCTA Operating speed performance standard. Maintain compliance with the Operating Speed Performance Standard per the Agreement. This requirement applies monthly when the HOT Lanes are in compliance with the OSPS, every seven days when the HOT Lanes are not in compliance with the OSPS per the Agreement. FDOT, NCTA Federal minimum average speed standard. Maintain compliance with the Federal Minimum Average Speed Standard per the Agreement. This requirement applies monthly when the HOT Lanes are in compliance with the Federal Minimum Average Speed Standard, every seven days when the HOT Lanes are not in compliance with the Federal Minimum Average Speed Standard per the Agreement. FDOT, NCTA Performance reporting. Provide monthly reports on HOT Lanes performance as per the Agreement; if one monthly report identifies Degradation, then the frequency of reporting shall be increased to every seven days as per the Agreement. FDOT, NCTA Degraded facility. If the monthly report identifies a Degradation, Developer shall submit a rectification plan to the DOT for approval. FDOT, NCTA Publicity of toll rates. Publicize, make available, or otherwise provide the current or prevailing toll rate in accordance with the Agreement and the CA Documents. FDOT, NCTA Toll rate sign system. Maintain monthly toll rate sign system performance (up time) above 95%. FDOT, NCTA Rectify each individual toll rate sign defect to restore full functionality. FDOT, NCTA

O&M Performance Metrics Category Task Minimum Performance Requirements Agency ETCS Performance ETCS availability. The ETCS shall be available at least 99.6% of time. The success rate shall mean, for a given day, the total number of hours for which the ETCS is available divided by the total number of hours in the day (excluding hours for scheduled down time and loss of power). FDOT, NCTA, CDOT Transaction creation success rate. For all vehicles passing through the tolling zone, the ETCS shall produce an appropriate Transponder Transaction or Video Transaction, complete with vehicle occupancy declaration information. The success rate shall mean the total number of correct toll Transactions recorded by the ETCS expressed as a percentage of the total number of vehicles passing through each tolling zone, individually, each day. Success rate shall be at least 99.80%. FDOT, NCTA, CDOT Transponder read success rate. For all vehicles passing through the tolling zone and carrying a valid, properly mounted transponder, the ETCS shall correctly read each transponder. The success rate shall mean the number of correct transponder reads, expressed as a percentage of all vehicles passing through the tolling zone and carrying a valid, properly mounted transponder, each day. Success rate shall be at least 99.90%. FDOT, NCTA, CDOT Legible image capture reliability success rate. For all video transactions, the license plate images produced by the image capture system shall be human legible and reliably contain images of the correct vehicle and its region of interest. Region of interest is defined by the mounting area of a license plate required by Law. The success rate shall mean the number of video transactions, including at least one human-legible image where the vehicle region of interest is in focus and reliably discernible, expressed as a percentage of the total number of video transactions, each day. Success rate shall be at least 99.00%. FDOT, NCTA, CDOT ETCS Performance License plate image readability and reliability success rate. For all video transactions legible images, the license plate images produced by the image capture system shall be readable by the human eye and reliably contain images from which both plate number and issuing jurisdiction can be read by the human eye. The success rate shall mean the number of video transactions, legible images including at least one plate image readable by the human eye from which both plate number and jurisdiction of issue are reliably discernible, i.e. can be converted unambiguously to text by an operator, expressed as a percentage of the total number of video transactions, legible images, each day. Success rate shall be at least 99.90%. FDOT, NCTA HOV status declaration data transmission success rate. For all HOV Transactions, the ETCS shall transmit the HOV status declaration data to enforcement personnel prior to or as the respective vehicle passes through an enforcement zone. The success rate shall mean the number of HOV transactions declaration data sets correctly transmitted and readily usable to an enforcement terminal, expressed as a percentage of the total number of HOV transaction declaration data sets transmitted, each day. Success rate shall be at least 99.90%. FDOT, NCTA

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Transmittal of transponder transactions. Developer shall send transponder transactions to the DOT CCH within 24 hours of the transaction trip occurrence with at least 99% success rate, and within 72 hours with 100% success rate, calculated daily. FDOT, NCTA All antennas and readers are capturing 99.95% of transactions when transponder is present in vehicle. CDOT Transmittal of video transactions. Developer shall send video transactions to the CCH within seven calendar days of the transaction trip occurrence with at least 99% success rate, and within 60 calendar days with 100% success rate, calculated daily. FDOT, NCTA Storage of user transaction information. Developer shall maintain a record of user transactions for a minimum of 365 days, reported monthly. FDOT, NCTA Transmission of user transaction information to Customer Service Center. Developer shall make user transaction information available to Customer Service Center within 24 hours of request if such information has not been transmitted to the CCH by the Developer. FDOT, NCTA Back Office Services Customer Service Level 2 Request for information. Developer shall respond to user request for Information within five days, reported monthly. FDOT, NCTA Customer Service Level 2 Phone Response Time. Developer shall address call issues within one day, reported monthly. FDOT, NCTA Customer Service Level 2 Call Efficiency. Developer shall answer all calls during call center business hours within 60 seconds with a success rate of 98.00%, measured monthly. FDOT, NCTA Customer Driven Management (CDM) Surveys. Maintain an average of 4.0 or better on a scale of 1.0 to 5.0 on CDM service survey results. CDOT Privacy of user information. Developer shall maintain the travel records of Users as confidential information and in compliance with all applicable Laws and according to the terms of the Agreement. The success rate shall mean that there shall be no disclosure of Patron Confidential Information to any third party or the general public for any purpose, except the purposes described in this Agreement. Success rate shall be 100%. FDOT, NCTA Electrical and Signals Highway Lighting Maintain functionality of highway lighting system. Maintain full functionality of all luminaires and provide maintained illuminance to meet the design standards in contract. FDOT, NCTA, Caltrans Maintain full functionality of 95% luminaires and provide maintained illuminance to meet the design standards in contract. Caltrans Keep at least 95% of the total luminaries fully functioning as intended in the Design Documents and providing acceptable levels and uniform lighting quality. Lanterns are clean and correctly positioned. Lighting units are free from impact damage, accidental damage, and vandalism. Posts are upright and structurally sound. PennDOT

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Auditable sections with 10 or more lights with more than 90% of lights functioning correctly, Auditable sections with less than 10 lights with no more than 1 light not functioning correctly. TxDOT, CDOT Restore functionality if 3 or more consecutive luminaires are not functioning within 24 hours. Caltrans Mainlane lighting: Number of instances of more than two consecutive lights out of action in each auditable section. TxDOT High-mast lighting. Number of instances of two or more lamps not working per high-mast pole in each auditable section; Number of other high-mast lighting defects identified in each auditable section. TxDOT, CDOT Sign Lighting Maintain functionality of highway sign lighting. Maintain full functionality of all sign luminaires. FDOT, NCTA, CDOT Maintain full functionality of 95% of sign luminaires. Caltrans The Contractor shall ensure that 90% of all lighting is working at all times. There shall be no more than two consecutive lights out for conventional roadway lighting; no more than two bulbs per structure not working for high-mast lighting; no more than one luminary per sign not working for sign lighting. All access panels shall be in place at all times. The Contractor shall be responsible for lighting systems originating at service entrances. Replacements and/or repairs to roadway and sign lighting, including burnt-out bulbs, shall be made within 7 days, and safety issues will be mitigated immediately. VDOT Number of instances of more than one bulb per sign not working in each auditable section. TxDOT Traffic Signals Traffic signals and their associated equipment are sound, Functional, and operating as designed. All Signals in each auditable section are clean and visible. Structural soundness Visual inspection; Electrical soundness Testing to meet NEC regulations. TxDOT, CDOT Rectify all outages and/or improperly functioning signals in 2 hours. Caltrans Identification markings. Maintain identification markers and telephone number for reporting correctly located, clearly visible, clean, and legible. PennDOT, CDOT Pedestrian elements and vehicle detectors. All pedestrian elements and vehicle detectors are correctly positioned and fully functional at all times. TxDOT, CDOT Signage, Pavement Markings, Object Markers, Barrier Markers, and Delineators Pavement Markings/Delineators Repair and replacement of line striping and pavement reflectors. Pavement markings, snowplowable pavement markers, and reflectors shall be replaced when they are missing or no longer straight, continuous, or visible under all lighting conditions and when pavement is wet - April to October. FDOT, NCTA Pavement markings, snowplowable pavement markers, and reflectors shall be replaced when they are missing or no longer straight, continuous, or visible under all lighting conditions and when pavement is wet — November to March. FDOT, NCTA Replace all damaged or missing delineation posts/reflectors. All delineation posts and reflectors shall be free of functional defects and visible to the traveling public. FDOT, NCTA, Caltrans

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Pavement marking and reflectors replaced when they are missing or have lost effectiveness as defined by 95% reflectivity. Caltrans Length meeting the minimum reflectivity 100 medium sq. meters per lux. No more than 32.5% of pavement markings are worn or not visible in any audible section, pavement markings on the entire roadway will be replaced no less than every five years. CDOT No more than 12.5% of delineators or markings will be missing or not fully visible in any auditable section. CDOT Number of object markers or delineators in each Auditable Section that are defective or missing. TxDOT, VDOT Signage Maintain signs at acceptable levels of safety for the traveling public. Repair all damaged overhead signs and sign structures that pose imminent risk to the public. FDOT, NCTA Repair/replace all damaged but functional and clearly legible overhead signs and sign structures. FDOT, NCTA Repair/replace all non-functional or non-legible Stop, Do Not Enter, Wrong Way, Yield, and Hospital signs. FDOT, NCTA Repair/replace all other signs, including posts that are damaged or missing. FDOT, NCTA, The Contractor shall respond immediately to all failures due to incidents, accidents, etc., which includes site mitigation/other repairs. Badly damaged regulatory and safety signs shall be repaired/replaced within one day following detection. All other damaged but functional signs shall be repaired/replaced within five days following detection. The Contractor shall replace broken/damaged posts and posts that lean more than 1 in. per foot within 5 days. VDOT Number of signs with actual reflectivity below the requirements of TxDOT’s TMUTCD in each auditable section; Number of signs in each auditable section with face damage greater than 5% of area; All signs in each auditable section are placed in accordance with TxDOT’s Sign Crew Field Book, including not twisted or leaning Number of obsolete signs in each auditable section All sign information in each auditable section is of the correct size, location, type, and wording to meet its intended purpose. TxDOT Guardrail Maintain guardrail at acceptable level of safety for the traveling public (non-structural damage or deterioration). Guardrail is maintained to meet the current design criteria and safety standards. FDOT, NCTA, Caltrans Guardrail shall be free of excessive wear, unsightly rust, and vegetation. FDOT, NCTA, Caltrans Installation and repairs shall be carried out in accordance with the requirements of NCHRP 350 standards. TxDOT Auditable Sections with all guard rails and safety barriers appropriately placed and correctly installed; Auditable Sections with all guard rails and safety barriers free from defects; Auditable Sections with all guard rails and safety barriers at correct heights. TxDOT, CDOT

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Maintain guardrail at acceptable level of safety for the traveling public (structural damage). Complete all emergency/temporary repairs of damage to structural integrity that creates a traffic hazard or compromises the system to the extent it will not function properly if it was to sustain another hit. FDOT, NCTA The Contractor shall respond immediately upon notification to all failures due to incidents, accidents, etc., which includes site mitigation and repairs. There shall be no dents that decrease structural integrity. Badly damaged guardrail shall be repaired/replaced within two days following detection. Damaged but functional guardrail shall be repaired/replaced within seven days following detection. The Contractor shall ensure that all guardrails shall be generally maintained and functional. VDOT Complete all permanent repairs of damage to structural integrity that creates a traffic hazard or compromises the system to the extent it will not function properly if it was to sustain another hit. FDOT, NCTA, Caltrans Barrier Wall Maintain barrier walls at acceptable levels of safety for the traveling public (non-structural damage or deterioration). Barrier is maintained to meet the current design criteria and safety standards. FDOT, NCTA Barrier shall be free of vegetation. FDOT, NCTA Meet all other technical requirements for barrier walls set forth in the Maintenance Operations Manual. FDOT, NCTA Auditable sections with all guard rails and safety barriers appropriately placed and correction installed; Auditable Sections with all guard rails and safety barriers free from defects; Auditable Sections with all guard rails and safety barriers at correct heights. TxDOT Maintain barrier walls at acceptable levels of safety for the traveling public (structural damage). Complete all emergency/temporary provisions and/or repairs of damage to structural integrity that creates a traffic hazard or compromises the system to the extent it will not function properly if it was to sustain another hit. FDOT, NCTA, Caltrans Complete all permanent repairs of damage to structural integrity that creates a traffic hazard or compromises the system to the extent it will not function properly if it was to sustain another hit. FDOT, NCTA Attenuators Maintain attenuators at acceptable levels of safety for the traveling public (non-structural damage or deterioration). Attenuators are maintained to meet the current design criteria and safety standards. FDOT, NCTA, Caltrans Attenuators shall be free of vegetation. FDOT, NCTA, Caltrans Meet all other technical requirements for attenuators set forth in the Maintenance Operations Manual. FDOT, NCTA Auditable Sections will all impact attenuators appropriately placed and correctly installed. TxDOT, CDOT Maintain attenuators at acceptable levels of safety for the traveling public (structural damage). Complete all emergency/temporary repairs of damage to structural integrity that creates a traffic hazard or compromises the system to the extent it will not function properly if it was to sustain another hit. FDOT, NCTA, VDOT Complete all permanent repairs of damage to structural integrity that creates a traffic hazard or compromises the system to the extent it will not function properly if it was to sustain another hit. FDOT, NCTA

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Auditable sections will all impact attenuators appropriately placed and correctly installed. TxDOT Storm and Other Major Damage Storm Maintenance / Major Damage Response to damage caused by strong winds, heavy rains, slides, slip-outs, and other major damage. Place regulatory and warning devices, delineation signs, etc., on the facility at conclusion of event. FDOT, NCTA, Caltrans Begin planning/implementation of remediation work. FDOT, NCTA, Caltrans Conduct visual inspections and damage assessments following severe weather events per Section 17.1.6 of the Technical Provisions. PennDOT Disaster Recovery Mitigation of disruption of operation of the project and restoring operations post-disaster. Comply with all disaster recovery requirements and procedures. FDOT, NCTA Lane Closures Lane Closures Closure of traffic lanes during the Term (at least two traffic lanes remaining open). Comply with the time restrictions for Permitted Closures set forth in contract. Request approval 24 hours prior. FDOT, NCTA Closure of traffic lanes during the Term (less than two traffic lanes remaining open). Comply with the time restrictions for permitted closures set forth in contract. Request approval 24 hours prior. FDOT, NCTA Incident Response Incident Response Response to sites of incidents, emergencies, accidents, and other events that result in a condition that is unsafe and/or may present a life-threatening condition. Respond to scene within 45 minutes after detection or notification on shoulders. FDOT, NCTA Respond to scene within 45 minutes after detection or notification in Travelway. FDOT, NCTA Respond to scene within 10 minutes after detection or notification. Caltrans For known roadway safety hazards for which the Development Entity is the first to respond to the Project Site in accordance with Section 17.2.1 or the Department is the first to respond to the Project Site, but the Development Entity has subsequent obligation to relieve the Department of mitigation responsibility within twenty-four (24) hours of the Department’s notification in accordance with Section 17.2.1; place and maintain precautionary delineation and appropriate warning signs for the duration of such conditions; ensure that safety signs and warnings are clear and easily visible. PennDOT Maintenance specifications are met for 98% of incidents measured on a 1-year rolling basis. No complaints from Emergency Services. TxDOT, CDOT Structural assessment. Evaluate structural damage to structures and liaise with emergency services to ensure safe working environment while clearing the incident. TxDOT, CDOT Temporary and permanent repairs. Propose and implement temporary measures or permanent repairs to defects arising from the incident. Auditable records showing compliance with requirements remedy for incidents in each auditable section. TxDOT, CDOT Clearing of incidents and reopening of closed travel lanes and Shoulders after police/emergency response officials provide notification to begin clean-up in accordance with Section 23.3.2.1.4 of the Technical Provisions. Reopen and clear the closed shoulder to traffic after closure resulting from an Incident that involves a breakdown, minor accident (passenger vehicles only, no overturned vehicles), non- hazardous material spill, or debris and only resulting in a shoulder closure/blockage within 60 minutes. FDOT, NCTA, Caltrans

O&M Performance Metrics Category Task Minimum Performance Requirements Agency Reopen and clear the closed travel lane to traffic after Closure resulting from an Incident that involves a breakdown, minor accident (passenger vehicles only, no overturned vehicles), non- hazardous material spill, or debris and resulting in up to one closed travel lane within 30 minutes. FDOT, NCTA, Caltrans Reopen and clear the closed travel lanes to traffic after closure resulting from an Incident that involves a multiple vehicle accident (passenger vehicles/light trucks, one overturned vehicle) but no fire and resulting in up to all travel lanes closed in one direction within 60 minutes. FDOT, NCTA, Caltrans Reopen and clear the closed travel lanes to traffic after closure resulting from an Incident that involves a multiple-vehicle accident (passenger vehicles /light trucks, two or more overturned vehicles) with or without fire and resulting in up to all travel lanes closed in one direction within two hours. FDOT, NCTA, Caltrans Reopen and clear the closed travel lanes to traffic after closure resulting from an Incident that involves heavy transport vehicles or lost cargo loads and resulting in up to all travel lanes closed in one direction and one or more travel lanes closed in the opposite direction in 3 hours. FDOT, NCTA, Caltrans Fuel spills/hazardous material releases by development entity or 3rd party. Notify the Department per Section17.1.7 of the Technical Provisions and provide clean-up process following fuel spills or release of hazardous materials per Section17.1.7.2 of Technical Provisions. When evaluating clean-up activities, follow the Maintenance Management Plan, Pub. 23, and other Department Publications as applicable. PennDOT Snow and Ice Control Travel Lanes Maintain travel way free from snow and ice. Maximum 1-hour response time to complete manning and loading of spreading vehicles. Maximum 2 hours from departure from loading point to complete treatment and return to loading point. Maximum 1-hour response time for snow and ice clearance vehicles to depart from base. TxDOT All pavement travel lanes, turn lanes, crossovers, and intersections shall be kept open and free of frozen precipitation so that traffic can proceed in a safe and orderly manner throughout the inclement weather occurrence. Frozen precipitation removal activities shall continue in full force from the onset of a snow event until such time as all pavement travel lanes are 100% free of frozen precipitation and any other frozen accumulations by no later than 6 hours after the end of a winter weather event. All shoulders shall be plowed (pushed back) within 12 hours of the cessation of falling precipitation. VDOT Weather Forecasting Weather forecast information is obtained and assessed, and appropriate precautionary treatment is carried out to prevent ice forming on the travel way. Operations plan details the process and procedures in place and followed. TxDOT Operational Plans Operate snow and ice clearance plans to maintain traffic flows during and after snowfall and restore the travel way to a clear condition as soon as possible. Operations plan details the process and procedures in place and followed. TxDOT