ON-0133-0019 - Herb Gray Parkway (Windsor-Essex) - Project Agreement

Part A: Definitions

Section 1. Definitions
1. "Adjusted OM&R Payment" means the amount that would be calculated for the relevant Contract Month in accordance with the formula set out in Section1.1 of Part B of this Schedule 20 without deducting the sums represented by the symbols ΣAFD and ΣQFD.
2. "Annual OM&R Payment" means the sum in Canadian dollars calculated in accordance with the provisions set out in Section 2 of Part B of this Schedule 20.
3. "Annual OM&R Payment Excluding Rehabilitation Payment" means the Annual OM&R Payment excluding the Rehabilitation Payment for the relevant Contract Year as set out in Appendix C to this Schedule 20;
4. "Availability Failure" means, with respect to each Highway Section a Closure in that Highway Section, at any time, of a Traffic Lane
  
  but excludes any:
  - Closure where Project Co has responded at the site of an Incident (as defined in Schedule 15 - Output Specifications) or is actively removing Debris (as defined in Schedule 15 - Output Specifications);
  - Closure that is required for any works by a Governmental Authority or for any inspection, investigation or survey (whether carried out by Project Co, HMQ, or any other Governmental Authority or any other person);
  - Closure where any Emergency Service Provider or HMQ has instigated or directed that a Traffic Lane or Traffic Lanes be restricted from traffic;
  - Project Co initiated Closure, applied for in accordance with Section 6.2 of Part 3 of the Design and Construction Specifications, that has been approved in writing by HMQ and where HMQ has explicitly indicated that such a Closure is not subject to an Availability Failure Deduction;
  - Closure resulting from a build up of snow, ice or water resulting from an extreme weather event where Project Co has performed to the requirements of the Output Specifications, and in particular, met the Outcome Targets in Appendix A of Schedule 15-3 - Operation, Maintenance and Rehabilitation (OM&R); or
  - Closure on the Freeway of two Traffic Lanes during the overnight periods set forth in Section 2.3(a) of Part C of this Schedule 20, where the centre Traffic Lane is closed for the purposes of maintenance or rehabilitation of that Traffic Lane and the Closure of the second Traffic Lane is necessary for safety purposes in accordance with Applicable Law, and the scheduled Closure of both Traffic Lanes is documented in an approved Traffic Control Plan, or otherwise approved in writing by HMQ.
5. "Availability Failure Deduction" means the amount that would be calculated for the relevant Contract Month in accordance with the formula set out in Section 2.1 of Part C of this Schedule 20.
6. "Availability Failure Points" means the amount that would be calculated for the relevant Contract Month in accordance with the formula set out in Section 2.2 of Part C of this Schedule 20.
7. "Base Date" means April 1, 2010.
8. "Closure" has the meaning given in Schedule 15-1 - Definitions and Reference Documents.
9. "Contract Month" means a calendar month, except with respect to the first Contract Month, which runs from the day after the Phase Substantial Completion Date of Phase One until the end of the calendar month in which such day falls, and the last Contract Month, which runs from the first day of the calendar month in which the Expiry Date falls until the Expiry Date.
10. "Contract Year" means the period of 12 calendar months that commences on April 1st of each calendar year and ends on the next ensuing March 31st, provided that:
  - the first Contract Year shall be such period that commences on the first day of the first Contract Month and ends on the next ensuing March 31st; and
  - the final Contract Year shall be such period that commences on April 1st that precedes the date on which the Project Agreement expires or is terminated, for whatever reason, and ends on the expiry or termination of the Project Agreement.
11. "Deductible Availability Failure Points" means the amount that would be determined for the relevant Availability Failure in accordance with the tables set out in Section 2.3 of Part C of this Schedule 20.
12. "Deduction" means a deduction made from a Monthly OM&R Payment in accordance with this Schedule 20.
13. "Escalation Factor" means the escalation factor calculated in accordance with Section 3.1 of Part B of this Schedule 20.
14. "Failure Points" means points allocated to Project Co in respect of the occurrence of Availability Failures and Quality Failures which are determined by the provisions set out in Part E of this Schedule 20.
15. "Gainshare Adjustment" means the adjustment calculated in accordance with Schedule 8 - Energy Matters.
16. "Highway Section" means any of the "Highway Sections" described in Appendix A of this Schedule 20.
17. "Insurance Adjustment" means the adjustment calculated in accordance with Schedule 25 - Insurance and Performance Security Requirements.
18. "Insurance Review Date" has the meaning given in Schedule 25 - Insurance and Performance Security Requirements
19. "Joint Insurance Cost Report" has the meaning given in Schedule 25 - Insurance and Performance Security Requirements.
20. "Monthly OM&R Payment" means the sum in Canadian Dollars payable by HMQ to Project Co for the provision of the OM&R Work in accordance with the Project Agreement, as calculated in Section 1.1 of Part B of this Schedule 20.
21. "Painshare Adjustment" means the adjustment calculated in accordance with Schedule 8 - Energy Matters.
22. "Pass-Through Costs" has the meaning given in Schedule 8 - Energy Matters.
23. "Quality Failure" means any failure by Project Co to provide the OM&R Work in accordance with the descriptions in this Schedule 20, Schedule 11 - Quality Management, Schedule 15 - Output Specifications and Schedule 17 - Environmental Obligations of the level of performance that Project Co must achieve to attain compliance with the requirements of such schedules, to the extent such schedules provide for the awarding of Quality Failure Points as a result of such failure.
24. "Quality Failure Deduction" means the amount that would be calculated for the relevant Contract Month in accordance with the formula set out in Section 3.1 of Part C of this Schedule 20.
25. "Quality Failure Points" means, in respect of any Quality Failure, the number of Quality Failure Points specified in this Schedule 20 or in Schedule 11 - Quality Management, Schedule 15 - Output Specifications or Schedule 17 - Environmental Obligations, as applicable, to apply to that Quality Failure. The Quality Failure Points specified by these schedules are summarized for convenience of reference in Appendix B to this Schedule 20.
26. "Rehabilitation Payment" is as represented in the Financial Model and the Price Submission form and should include no additional costs other than anticipated costs (and directly related contingencies and reserves) in respect of the rehabilitation of parts of the Parkway that have reached or are expected to reach the end of their useful operational life during the Project Term.
27. "Statutory Holiday" means a statutory holiday in the Province of Ontario or any day on which banks are not open for business in the City of Toronto, Ontario.
28. "Time of Day Period" means a period of time indicated as a Time of Day Period in the tables in Section 2.3 of Part C of this Schedule 20.
29. "Traffic Lane" means all or part of any lane of traffic on the Roads within the Lands, but excludes the shoulders of the Roads.

Part B: Calculation of OM&R Payments

Section 1. Monthly OM&R Payment
1. The Monthly OM&R Payment payable in respect of any Contract Month shall be calculated in accordance with the following formula:
  
  MOM&RP = (AOM&RPn/12) - ΣAFD - ΣQFD + GS - PS + PTC
  
  where:
  
  MOM&RP is the Monthly OM&R Payment for the Contract Month for which the formula is to be applied;
  
  AOM&RPn is the then-applicable Annual OM&R Payment for the relevant Contract Year;
  
  ΣAFD is the sum of Deductions in respect of the relevant Contract Month in relation to Availability Failures calculated in accordance with the provisions set out in Part C of this Schedule 20;
  
  ΣQFD is the sum of Deductions in respect of the relevant Contract Month in relation to Quality Failures calculated in accordance with the provisions set out in Part C of this Schedule 20;
  
  GS means any Gainshare Adjustment arising pursuant to Schedule 8 - Energy Matters;
  
  PS means any Painshare Adjustment arising pursuant to Schedule 8 - Energy Matters; and
  
  PTC means any Pass-Through Costs.
2. With respect to the Contract Months in which the date of Phase Substantial Completion occurs in respect of Phase One, Phase Two and Phase Three, unless such date falls on the last day of the Contract Month, a pro rata adjustment shall be made to reflect the actual number of days after and including the Phase One Payment Commencement Date, the Phase Two Payment Commencement Date or the Substantial Completion Payment Commencement Date, as applicable, up to and including the last day of the relevant Contract Month. In the last Contract Month of the Project Term, a pro rata adjustment shall be made to reflect the actual number of days in that Contract Month from and including the first day of the Contract Month up to and including the last day of the Project Term. Additionally, in the Contract Months in which the Phase One Payment Commencement Date, the Phase Two Payment Commencement Date and the Substantial Completion Payment Commencement Date fall, the number of days in each such Contract Month shall be adjusted to include such number of calendar days after the relevant Phase Substantial Completion Date and before the relevant Phase Payment Commencement Date or the Substantial Completion Payment Commencement Date, as applicable, that Project Co has performed the OM&R Work in respect of the relevant Phase.
3. Subject to approval by HMQ in accordance with Section 22.4(a) of the Project Agreement, if Phase Substantial Completion of Phase Two or Phase Three is achieved prior to the relevant Scheduled Phase Substantial Completion Date, such early Phase Substantial Completion shall be at Project Co's sole cost and risk such that the total value of the Annual OM&R Payments attributable to the Phase in respect of which Project Co has achieved Phase Substantial Completion prior to the Scheduled Phase Substantial Completion Date shall not be increased.
  Whether or not there is an adjustment to the date of commencement of the Monthly OM&R Payments attributable to the relevant Phase and/or any adjustment to the amount thereof, and if implemented, the extent of any such adjustments, shall be in the sole discretion of HMQ.
4. HMQ shall pay to Project Co the Monthly OM&R Payment in accordance with the provisions of this Schedule 20 and Section 34 of the Project Agreement.
Section 2. Annual OM&R Payment
1. The Annual OM&R Payment for any Contract Year shall be calculated in accordance with the following formula:
  
  AOM&RPn = (AOM&RPXo x (1 - PESC)) + (AOM&RPXo x PESC x ESCn) + (RPn x ESCn) + IA
  
  Where:
  
  AOM&RPn is the Annual OM&R Payment for the relevant Contract Year;
  
  AOM&RPXo is the Annual OM&R Payment Excluding Rehabilitation Payment for the relevant Contract Year as set out in Appendix C to this Schedule 20;
  
  PESC is [REDACTED]%;
  
  RPn is the Rehabilitation Payment for the relevant Contract Year as set out in Appendix C to this Schedule 20;
  
  IA is the Insurance Adjustment calculated in accordance with Schedule 25 - Insurance and Performance Security;
  
  ESCn is the Escalation Factor for the relevant Contract Year as calculated in accordance with Section 3.1 of this Part B.
2. No later than 60 days prior to each Insurance Review Date, Project Co will require its insurance broker to prepare and submit to HMQ the Joint Insurance Cost Report. HMQ and Project Co, both acting reasonably, will agree on the Insurance Adjustment to be applied to the Annual OM&R Payment for the next Contract Year.
3. The Insurance Adjustment will constitute an adjustment to the Annual OM&R Payment on the Payment Commencement Date. On each Insurance Review Date thereafter, the Insurance Adjustment will be applied in accordance with Section 2.1 of this Part B.
4. If the Phase Substantial Completion Date of Phase Two is later than the Scheduled Phase Substantial Completion Date of Phase Two or the Phase Substantial Completion Date of Phase Three is later than the Scheduled Phase Substantial Completion Date of Phase Three, AOM&RPXo and RPn shall each be reduced proportionately to reflect the resulting reduction in the period for which OM&R Work is required to be performed for Phase Two or Phase Three, as applicable, in any relevant Contract Year. AOM&RPn for each relevant Contract Year shall be recalculated to reflect such reduction in AOM&RPXo and RPn. In determining the portion of AOM&RPXo and RPn attributable to Phase Two or Phase Three, as applicable, reference shall be had to the applicable column in Appendix D-1 to this Schedule 20 and Appendix D-2 to this Schedule 20, respectively.
Section 3. Escalation Factor
1. The Escalation Factor shall be calculated in accordance with the following formula:
  
  ESCn = CPIn/CPIo
  
  Where:
  
  ESCn is the Escalation Factor applicable to the relevant Contract Year;
  
  CPIn is the value of CPI on April 1 of the relevant Contract Year "n", to be determined by reference to the relevant index in the month immediately preceding the indexation date; and
  
  CPIo is the value of CPI on the Base Date, to be determined by reference to the relevant index in the month immediately preceding the Base Date.

Part C: Deductions from OM&R Payments

Section 1. Entitlement to Make Deductions
1. If at any time during the Operational Term a Quality Failure or Availability Failure shall occur, HMQ shall be entitled to make a Deduction from the relevant Monthly OM&R Payment in respect of that Quality Failure or Availability Failure.
2. The maximum aggregate of all Deductions that HMQ can make from a Monthly OM&R Payment in respect of any Contract Month shall be the Adjusted OM&R Payment relating to that Contract Month.

Section 2. Availability Failure Deductions

The "Availability Failure Deduction" in respect of a Contract Month, n, shall be calculated in accordance with the following formula:

	x
AFD_n=	Σ	[AFP_e,n AFPD_n*]
	e=1
where:
AFDn		= the Availability Failure Deduction applicable to Contract Month n
X		= the number of Availability Failures in a Contract Month n
AFPe,n		= the Availability Failure Points caused by an Availability Failure e, of Contract Month n
AFPDn		= $[REDACTED] multiplied by the Escalation Factor applicable to the relevant Contract Year

The Availability Failure Points in respect of an Availability Failure in any Contract Month shall be calculated in accordance with the following formula:

	3	8
AFP_e,n=	Σ	Σ	p^td*
	i=1	j=1
where:
AFP_e,n		= the Availability Failure Points caused by an Availability Failure e, of Contract Month n
p^t		= the Deductible Availability Failure Points, if any, in respect of such Availability Failure during Time of Day Period j, affecting the number of Traffic Lanes i
d		= the duration during such Time of Day Period of such Availability Failure measured in minutes (rounded up to the next full quarter-hour increment), divided by 60
i		= the number of Traffic Lanes in a direction
j		= the number of Time of Day Periods

The "Deductible Availability Failure Points" (points /60 minutes) are set out in the following tables:

Freeway

Monday to Friday - Per 60 minutes
	Time of Day Period (j)
Number of Traffic Lanes in a direction that are subject to the Availability Failure (i)	6.01am-11.00am (1)	11.01am-7.00pm (2)	7.01pm-10.00pm (3)	10.01pm-6.00am(4)1
1	[REDACTED]	[REDACTED]	[REDACTED]	[REDACTED]
2	[REDACTED]	[REDACTED]	[REDACTED]	[REDACTED]
3	[REDACTED]	[REDACTED]	[REDACTED]	[REDACTED]

Saturday, Sunday and Statutory Holidays - Per 60 minutes
	Time of Day Period (j)
Number of Traffic Lanes in a direction that are subject to the Availability Failure (i)	8.01am-11.00am (5)	11.01am-5.00pm (6)	5.01pm-10.00pm (7)	10.01pm-8.00am(8)2
1	[REDACTED]	[REDACTED]	[REDACTED]	[REDACTED]
2	[REDACTED]	[REDACTED]	[REDACTED]	[REDACTED]
3	[REDACTED]	[REDACTED]	[REDACTED]	[REDACTED]

Highway 3

Monday to Friday - Per 60 minutes
	Time of Day Period (j)
Number of Traffic Lanes in a direction that are subject to the Availability Failure (i)	6.01am-11.00am (1)	11.01am-7.00pm (2)	7.01pm-10.00pm (3)	10.01pm-6.00am(4)3
1	[REDACTED]	[REDACTED]	[REDACTED]	[REDACTED]
2	[REDACTED]	[REDACTED]	[REDACTED]	[REDACTED]

Saturday, Sunday and Statutory Holidays - Per 60 minutes
	Time of Day Period (j)
Number of Traffic Lanes in a direction that are subject to the Availability Failure (i)	8.01am-11.00am (5)	11.01am-5.00pm (6)	5.01pm-10.00pm (7)	10.01pm-8.00am(8)4
1	[REDACTED]	[REDACTED]	[REDACTED]	[REDACTED]
2	[REDACTED]	[REDACTED]	[REDACTED]	[REDACTED]

The calculation of Availability Failure Deductions is illustrated in the following example:

An Availability Failure that occurs on Monday between 6:32 and 7:14 along a single Highway Section on two Traffic Lanes on Highway 3 will incur [REDACTED] points (45 minutes / 60 minutes = 0.75 * [REDACTED] points). Therefore, the Availability Failure Deduction for such an Availability Failure will be $[REDACTED] ([REDACTED] points x $[REDACTED])

Section 3. Quality Failure Deductions

The Quality Failure Deduction which may be applied to the Annual OM&R Payment in respect of a Contract Month shall be calculated in accordance with the following formula:

	x
QFD_n=	Σ	[QFP_d,n QFPD_n*]
	d=1
where:
QFDn		= the Quality Failure Deduction applicable to Contract Month n
X		= the number of days in a Contract Month n on which there are one or more Quality Failures
QFPd,n		= the total Quality Failure Points on Day d of Contract Month n for all Quality Failures on Day d
QFPDn		= $[REDACTED] multiplied by the Escalation Factor applicable to the relevant Contract Year

The calculation of Quality Failure Deductions is illustrated in the following example:

Should a collision occur on Tuesday 2 pm and Project Co does not submit a complete and accurate collision/incident report form until Thursday 5 pm, under performance measure 1006.09 of Appendix A to Schedule 15-3 - Operation, Maintenance, and Rehabilitation (OM&R), Project Co would be assigned [REDACTED] point on Wednesday at 2 pm and [REDACTED] points on Thursday at 2 pm. The total Quality Failure Deduction for the Quality Failure would be $[REDACTED] ([REDACTED] points x $[REDACTED]).

Part D: Review of Non Availability Points and /or Quality Failure Points

Section 1. Five Yearly Review
1. The amount of Availability Failure Points for each Availability Failure shall be reviewed by HMQ and Project Co at any time if requested by either Party but in any event shall be reviewed at least once in every five Contract Years.
2. The amount of Quality Failure Points for each Quality Failure shall be reviewed by HMQ and Project Co at any time if requested by either Party but in any event shall be reviewed at least once in every five Contract Years.
3. HMQ and Project Co shall act reasonably and diligently in carrying out the reviews.
4. For the avoidance of doubt, the Parties intend that any changes made as a result of such a review shall not alter the overall risk profile of the relevant OM&R Work or the likely magnitude of Availability Failure Deductions or Quality Failure Deductions. Where proposed changes would result in any such alteration, the matter shall be deemed to be a Variation and Schedule 22 - Variation Procedure shall apply.
5. HMQ and Project Co may in respect of each matter the subject of the review either:
  - agree that the status of the relevant matter shall continue to apply unchanged in the Contract Year immediately following the review; or
  - agree adjustments to the relevant matter to take effect in the Contract Year immediately following the review.
6. Any agreed adjustment pursuant to a review shall be effective from the commencement of the Contract Year immediately following the relevant review carried out in accordance with Section 1.1 of this Part D.

Part E: Quality Failure, Non Availability and Failure Points

Section 1. Quality Failure and Non Availability Points
1. Quality Failure Points and Availability Failure Points shall be awarded for every Quality Failure and Availability Failure, respectively, which occurs during the Operational Term of the Project Agreement, unless such Quality Failure Points and Availability Failure Points are cancelled pursuant to any other provision of the Project Agreement.
Section 2. Failure Points
1. Project Co shall be awarded one Failure Point for each Quality Failure Point and each Availability Failure Point awarded to it. For greater clarity, the number of Failure Points accrued in a given period shall be the sum of the total number of Quality Failure Points and Availability Failure Points accrued in that period.
2. The maximum number of Failure Points that may be awarded for a single Availability Failure is [REDACTED]. For greater certainty, there is no maximum to the number of Availability Failure Points that may be awarded to a single Availability Failure for the purpose of calculating the Availability Failure Deduction in accordance with Part C of this Schedule 20.

Part F: Failure by Project Co to Monitor or Report

Section 1. Failure by Project CO to Monitor or Report
1. Subject to Sections 1.2 to 1.6 inclusive of this Part F, the Performance Monitoring Report produced by Project Co for any Contract Month shall be the source of the factual information regarding the performance of the OM&R Work for the relevant Contract Month for the purposes of calculating the relevant Monthly OM&R Payment, the number of Failure Points awarded and the number of Warning Notices awarded.
2. If there shall be any error or omission in the Performance Monitoring Report for any Contract Month, Project Co and HMQ shall agree the amendment to the Performance Monitoring Report or, failing agreement within 10 days of notification of the error or omission which shall not be made more than 2 calendar months following the relevant Performance Monitoring Report, except in the circumstances referred to in Section 1.5 of this Part F either party may refer the matter to the Dispute Resolution Procedure.
3. If Project Co fails to monitor or accurately report any Availability Failure or Quality Failure then, without prejudice to the Deduction to be made in respect of the relevant Availability Failure or Quality Failure, the failure to monitor or report shall be deemed to be a new Quality Failure, and Project Co shall be awarded 2 Quality Failure points for each occurrence of such Quality Failure, unless the circumstances set out in Section 1.5 of this Part F apply, in which case Project Co shall be awarded [REDACTED] Quality Failure Points for each such occurrence.
4. In the event that any inspection or investigation by HMQ of records made available pursuant to the Project Agreement reveals any further matters of the type referred to in Sections 1.2 and 1.3 above, those matters shall be dealt with in accordance with Section 1.2 or 1.3 of this Part F, as appropriate, and HMQ shall, in addition, be entitled to make Deductions in respect of any Availability Failure or Quality Failure in the manner prescribed in Part C of this Schedule 20. Any such Deductions shall be made from the Monthly OM&R Payment, payable in respect of the Contract Month in which the relevant matters were revealed by HMQ investigations or, to the extent that HMQ is unable to make any further deductions from the Monthly OM&R Payment in respect of that Contract Month by virtue of Section 1.2 of Part C of this Schedule 20, may be carried forward and deducted from Monthly OM&R Payments due in respect of subsequent Contract Months.
5. For the purposes of Sections 1.2 and 1.3 of this Part F the relevant circumstances are:
  - fraudulent action or inaction;
  - deliberate misrepresentation; or
  - gross misconduct or incompetence in each case on the part of Project Co or a Project Co Party.
6. The provisions of this Part F shall be without prejudice to any rights of HMQ pursuant to Sections 32, 45 and 60 of the Project Agreement.

APPENDIX A: HIGHWAY SECTIONS

	Eastbound	Westbound
Freeway
Highway Section 1	Plaza to E.C. Row exit ramp collector lanes	Highway 401 at North Talbot Road to Todd Lane exit ramp
Highway Section 2	E.C. Row exit ramp to Todd Lane exit ramp exit	Todd Lane exit ramp to E.C. Row exit ramp
Highway Section 3	Todd Lane exit ramp to Howard Ave exit ramp	E.C. Row exit ramp to Plaza
Highway Section 4	Howard Ave exit ramp to Highway 401 at North Talbot Road	N/A
Highway 3
Highway Section 5	E.C. Row Expressway interchange to Todd Lane / Cabana Road West intersection	Eastern Project limit on Highway 3 to roundabout at Howard Avenue Diversion
Highway Section 6	Todd Lane / Cabana Road West intersection to roundabout at Howard Avenue Diversion	Roundabout at Howard Avenue Diversion to Todd Lane / Cabana Road West intersection
Highway Section 7	Roundabout at Howard Avenue Diversion to eastern Project limit on Highway 3	Todd Lane / Cabana Road West intersection to E.C. Row Expressway interchange

Note: Ramps commence at the bullnose. Sections delineated by intersections and roundabouts are measured from the centre of each.

APPENDIX B: QUALITY FAILURE POINTS

The following table is a summary of the Quality Failure Points specified for each Quality Failure in this Schedule 20 and in Schedule 11 - Quality Management, Schedule 15 - Output Specifications and Schedule 17 - Environmental Obligations. This table is for convenience of reference only and in the event of a discrepancy between this table, on the one hand, and the other provisions of this Schedule 20 or the provisions of Schedule 11 - Quality Management, Schedule 15 - Output Specifications or Schedule 17 - Environmental Obligations, as applicable, on the other hand, the latter shall take precedence.

Reference		Operational Term		Quality Failure
Reference		Deliverable or Event (Abbreviated Description)	Due Date or Maximum Response Time or Trigger	Penalty (Quality Failure Points)	Subsequent Measure	Subsequent Penalty (Quality Failure Points)
Schedule 20 - Payment Mechanism
	Part F 1.3	Failure to monitor or accurately report any Availability Failure or Quality Failure	Per occurrence	[REDACTED] points
	Part F 1.3	Deliberate misrepresentation of an Availability Failure or Quality Failure	Per occurrence	[REDACTED] points
Schedule 11 - Quality Management
	PQ5.1	Project Co shall provide updated Quality Audit Plans at least annually	At 12 monthly intervals	[REDACTED] point	For each day that failure is not rectified	[REDACTED] point
	PQ5.2b	Project Co shall document, or cause to be documented, the results of such Quality Audit in an audit report and make such report available to the IO Representative upon request.	Within 14 days of completion of any Quality Audit	[REDACTED] point	For each day that failure is not rectified	[REDACTED] point
	PQ5.2a	The Quality Director shall schedule Internal Quality Audits and External Quality Audits at least annually.	Annual	[REDACTED] point	For each day that failure is not rectified	[REDACTED] point
	PQ5.3	Project Co shall prepare a Corrective Action plan and submit it to the IO Representative	Within 20 business days of the closing meeting	[REDACTED] point	For each day that failure is not rectified	[REDACTED] point
	PQ6.9	Project Co shall prepare and submit to the IO Representative a comprehensive Quality Management System report	Within 15 Business Days of the start of the following month	[REDACTED] point	For each day that failure is not rectified	[REDACTED] point
	PQ7.3	Project Co shall resolve Quality Failures within the response time specified on the Nonconformity Reports	Per occurrence	[REDACTED] point	For each day that failure is not rectified	[REDACTED] point
Schedule 15-3 - OM&R
Appendix A - Operations and Maintenance
		Traffic Data Collection
Appendix A	1004.09	Not meeting the Inventory Volume Counts, Turning Movement Counts, Side Road Counts report submission date(s)	Per occurrence	[REDACTED] point	Per each day or portion thereof beyond 24 hours after the required date, until the report has been received.	[REDACTED] point
Appendix A	1004.09	Inaccurate Inventory Volume Counts, Classification Counts, Turning Movement Counts and Side road Counts	For each % point below the [REDACTED]% accuracy target (plus the data for all incorrect submissions must be re-collected and submitted within 30 days of notification)	[REDACTED] point	For each re-count submission required as a result of an Initial Consequence that remains inaccurate, plus $[REDACTED] a day for exceeding the 15 day re-collection period.	[REDACTED] points
Appendix A	1004.09	Failure to meet seasonal deadline for Inventory / Classification counts	Date	[REDACTED] point	Per day for each day of any of the three (3) seasonal deadlines that the inventory/ classification station count is not completed and submitted.	[REDACTED] points
		Information Management
Appendix A	1005.09	Contact information not met	Per occurrence	[REDACTED] point	Per additional week until contact information requirements are met	[REDACTED] point
Appendix A	1005.09	For any Project identification signs not installed at specified locations beyond 15 days of the start of the Project until the Contract expiration date	Date	[REDACTED] point	Per additional week until signs are installed	[REDACTED] point
Appendix A	1005.09	MTO Information Requests and Requirements - Information not submitted within specified time	Per occurrence	[REDACTED] point	Per additional day until received	[REDACTED] point
Appendix A	1005.09	Information not being Complete or Accurate	Per occurrence	[REDACTED] point
Appendix A	1005.09	Complaint or inquiry not responded to	Within 48hours	[REDACTED] point	For each additional 24 hours or portion thereof beyond 60 hours after the complaint or inquiry received	[REDACTED] point
Appendix A	1005.09	Complaint log not submitted to the MTO by	The specified time	[REDACTED] point	For each additional day until submitted	[REDACTED] point
Appendix A	1005.09	For Radio Communications information that is not Complete, Timely and Accurate	Per occurrence	[REDACTED] point
Appendix A	1005.09	Summer patrol diaries not submitted within 7 days after the end of each bi-weekly period	Per occurrence	[REDACTED] point	Per additional day until received	[REDACTED] point
Appendix A	1005.09	Summer patrol diary Information that is not Complete or Accurate	Per occurrence	[REDACTED] point
Appendix A	1005.09	Parkway Infrastructure Inventory not submitted by September 30th	Per occurrence	[REDACTED] point	Per additional day until submitted	[REDACTED] point
Appendix A	1005.09	Parkway Infrastructure Inventory not Complete or Accurate	Per occurrence	[REDACTED] point
Appendix A	1005.09	Vehicle not equipped with an AMDCS unit	Per vehicle	[REDACTED] point	Per day until unit is installed	[REDACTED] point
Appendix A	1005.09	Less than [REDACTED]% of AMDCS units fully operational	Per occurrence	[REDACTED] point	Per unit per day below the [REDACTED]% total required until [REDACTED]% is achieved	[REDACTED] point
Appendix A	1005.09	AMDCS data loss of more than 1 hours/day	Per AMDCS per occurrence	[REDACTED] point	Per unit/day until data is restored	[REDACTED] point
Appendix A	1005.09	Not providing AMDCS electronic data to MTO on specified times	Per occurrence	[REDACTED] point	Per day until data is provided.	[REDACTED] point
Appendix A	1005.09	Notifying the MTO work observed that does not have an approved permit or does not apply with permit conditions.	Per occurrence	[REDACTED] point
		Incident Response
Appendix A	1006.09	Response time of one (1) hour was not met	Per occurrence	[REDACTED] points	For each 15 minute period beyond the initial one (1) hour that Project Co is not at the Incident Site.	[REDACTED] point
Appendix A	1006.09	Failure to provide Complete and Accurate Collision/Incident Report form within 24 hours	Per occurrence	[REDACTED] point	For each additional 24 hours	[REDACTED] point
Appendix A	1006.09	Failure to provide Complete and Accurate Incident Log within 15 days of month end.	Per occurrence	[REDACTED] point
Appendix A	1006.09	Failure to notify Central Dispatch and LTOC upon arrival at all Incidents	Per occurrence	[REDACTED] point
		Pavement Maintenance
		*Asphalt and Concrete Pavement Surface*
Appendix A	2001.09	Accumulation of gravel that is not removed from paved driving surfaces and intersection	Per occurrence	[REDACTED] point	For each additional day or portion thereof beyond 24 hours after Detection or being Made Aware that the gravel accumulation is not Addressed.	[REDACTED] point
Appendix A	2001.09	Winter sand not removed by 15th of June of every year.	Date	[REDACTED] point	For each additional day beginning on June 16th until sand is removed.	[REDACTED] point
Appendix A	2001.09	Pothole deeper than 7.5 cm and greater than 0.04 m²	Per occurrence	[REDACTED] points	For each 4 hour segment or portion thereof until the pothole is repaired	[REDACTED] point
Appendix A	2001.09	More than three Potholes within an area of 20 m²	Per occurrence	[REDACTED] points	For each 4 hour segment or portion thereof until potholes are repaired.	[REDACTED] point
Appendix A	2001.09	10 or more Potholes per lane km	Per occurrence	[REDACTED] point	Per occurrence for each additional day that the potholes are left uncorrected.	[REDACTED] point
Appendix A	2001.09	Cracks exceeding a width of 12 mm for concrete pavement or 6 mm for composite pavement or 19 mm for 'D' cracks without implementation of Good Industry Practice to maintain the pavement structure	Per occurrence	[REDACTED] point	Each additional week left without implementing Good Industry Practice to maintain the pavement structure	[REDACTED] point
Appendix A	2001.09	Unsigned concrete joint failure exceeding a differential of 5.0 cm.	Per occurrence	[REDACTED] point	For each additional day left unsigned	[REDACTED] point
Appendix A	2001.09	Occurrence of an unrepaired crack/joint after 60 days of being Made Aware.	Per occurrence	[REDACTED] point	For each additional day left unrepaired	[REDACTED] point
Appendix A	2001.09	Unsigned bump or depression with a differential of 5.0 cm or more over a 3-metre length	Per occurrence	[REDACTED] point	For each additional day left unsigned	[REDACTED] point
Appendix A	2001.09	Occurrence of an unrepaired distortion after 60 days of being Made Aware.	Per occurrence	[REDACTED] point	Each additional day left unrepaired	[REDACTED] point
Appendix A	2001.09	Occurrence of insufficient skid resistance in the pavement area	Per occurrence	[REDACTED] points	Each day the pavement area which has insufficient skid resistance is not adequately signed	[REDACTED] point
Appendix A	2001.09	Occurrence of an unrepaired pavement area of which has insufficient skid resistance after 60 days of being Made Aware	Per occurrence	[REDACTED] points	Each day the pavement area of which has insufficient skid resistance is unrepaired	[REDACTED] point
Appendix A	2001.09	Pavement edge surface loss that extends more than 15.0 cm inward from the edge of pavement	Per occurrence	[REDACTED] points	Per occurrence for each additional day left uncorrected after Detection or being Made Aware	[REDACTED] point
		*Shoulders*
Appendix A	2001.09	washout of 15.0 cm or deeper and measuring an area greater than 1.0 m²	Per occurrence	[REDACTED] point	for each additional day after Detection or being Made Aware	[REDACTED] point
Appendix A	2001.09	washout of 15.0 cm or deeper and measuring an area greater than 0.5 m² within 1.0 m of the travelled portion of roadway	Per occurrence	[REDACTED] points	for each additional day after Detection or being Made Aware	[REDACTED] point
Appendix A	2001.09	Debris greater than 0.010 m³ which is not removed immediately upon Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional 30 minutes or portion thereof beyond 2.5 hours after Detection or being Made Aware that the debris is not removed	[REDACTED] point
Appendix A	2001.09	More than 5 pieces of debris measuring more than 0.001 m3 and less than 0.010 m3 over a distance of 1 km.	Per occurrence	[REDACTED] point	For each additional day after Detection or being Made Aware	[REDACTED] point
Appendix A	2001.09	Preventable Condition including windrow or berm that impedes the shoulder drainage to function as designed	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected after Detection or being Made Aware	[REDACTED] point
		General
Appendix A	2001.09	Failure to address any Hazard Immediately upon Detection or being Made Aware	Per occurrence	[REDACTED] points	for every 15 minute segment or portion thereof beyond 2.2 hours after Detection or being Made Aware until Addressed	[REDACTED] point
		Winter Maintenance
		*Prior to a Winter Event*
Appendix A	2002.09	Failure to achieve deployment for salting operations during Winter Transition Periods	per Route per occurrence	[REDACTED] points	For each additional 15 minutes or portion thereof beyond 45 minutes of the Start of a Winter Event until [REDACTED]% of the transition period Spreaders on the assigned Route is Deployed	[REDACTED] point
Appendix A	2002.09	Failure to achieve deployment for salting operations during Winter Season	Per Route per occurrence	[REDACTED] points	For each additional 15 minutes or portion thereof beyond 45 minutes of the Start of a Winter Event until [REDACTED]% of the Winter Season Spreaders on the assigned Route is Deployed	[REDACTED] point
Appendix A	2002.09	Failure to achieve deployment for plowing operations during Winter Transition Periods	Per Route per occurrence	[REDACTED] points	For each additional 30 minutes or portion thereof after the accumulation of snow or slush on the road surface reaches more than 2 cm until [REDACTED]% of the transition period Winter vehicles excluding Spreaders on the assigned Route is Deployed	[REDACTED] point
Appendix A	2002.09	Failure to achieve deployment for plowing operations during Winter Season	Per Route per occurrence	[REDACTED] points	For each additional 30 minutes or portion thereof after the accumulation of snow or slush on the road surface reaches more than 2 cm until [REDACTED]% of the Winter Season Winter Vehicles excluding Spreaders on the assigned Route is Deployed	[REDACTED] point
Appendix A	2002.09	Ground Frost on roadway causing slippery conditions during Transition Periods	per occurrence if no proactive action taken to prevent	[REDACTED] points	For each additional 30 minutes or portion thereof beyond 30 minutes after Detection or being Made Aware of Ground Frost until slippery condition has been removed.	[REDACTED] point
Appendix A	2002.09	Isolated Slippery Conditions	per occurrence	[REDACTED] points	For each every 30 minutes or portion thereof beyond the initial 2 hours until condition is addressed	[REDACTED] point
		During a Winter Event
Appendix A	2002.09	Spreader not meeting the total Circuit Time for Salting of 1.8 hours on any Class 1 Highway Route on every circuit	per occurrence	[REDACTED] points	For every 10-minute segment or portion thereof beyond 1.8 hours on Class 1 Routes	[REDACTED] point
Appendix A	2002.09	Spreader not meeting the total Circuit Time for Salting of 2.4 hours on any Class 2 Highway Route on every circuit			For every 13-minute segment or portion thereof beyond 2.4 hours on Class 2 Routes	[REDACTED] point
Appendix A	2002.09	Spreader not meeting the total Circuit Time for Salting of 3.6 hours on any Class 3 Highway Route on every circuit			For every 20-minute segment or portion thereof beyond 3.6 hours on Class 3 Routes	[REDACTED] point
Appendix A	2002.09	Not meeting the total Circuit Time for Plowing of 1.8 hours on any Class 1 Highway Route on every circuit	Per occurrence	[REDACTED] points	For every 10- minute segment or portion thereof beyond 1.8 hours on Class 1 Routes	[REDACTED] point
Appendix A	2002.09	Not meeting the total Circuit Time for Plowing of 2.4 hours on any Class 2 Highway Route on every circuit			For every 13-minute segment or portion thereof beyond 2.4 hours on Class 2 Routes	[REDACTED] point
Appendix A	2002.09	Not meeting the total Circuit Time for Plowing of 3.6 hours on any Class 3 Highway Route on every circuit			For every 20-minute segment or portion thereof beyond 3.6 hours on Class 3 Routes	[REDACTED] point
Appendix A	2002.09	Failure to utilize winter equipment including each plow, Spreader and/or combination unit to achieve level of service as quickly as possible per occurrence	Per occurrence per unit of equipment	[REDACTED] point	Per hour or portion thereof that the plow, Spreader or combination unit should have been utilized including Winter Event cleanup	[REDACTED] point
Appendix A	2002.09	Failure to apply salt and/or sand at or over the prescribed minimum application rates specified in this performance requirement [REDACTED]% of the time	Per occurrence	[REDACTED] point
Appendix A	2002.09	Failure to achieve [REDACTED]% of spreader units within [REDACTED]% of calibration settings.	Per occurrence	[REDACTED] point	Per day or portion thereof after 2- hour period after notification until calibration has been corrected	[REDACTED] point
Appendix A	2002.09	Failure to achieve continuous plowing to maintain the established level of service [REDACTED]% of the time	Per occurrence	[REDACTED] point	Per hour or portion thereof that the plow should have been utilized including Winter Event cleanup	[REDACTED] point
Appendix A	2002.09	Failure to achieve echelon plowing performed [REDACTED]% of the time when through lanes are plowed to the right on multi-lane Highways	Per occurrence	[REDACTED] points
Appendix A	2002.09	Failure to achieve snow accumulation adjacent to median barrier walls removed prior to the End of the Winter Event.	Per occurrence	[REDACTED] point	For each 4-hour segment or portion thereof beyond 4 hours after the end of the Winter Event until accumulation is removed	[REDACTED] point
		After Winter Event
Appendix A	2002.09	Failure to achieve Bare Pavement on any Route on Class 1 Highways within 8 hours after the End of the Winter Event			For each hour or portion thereof until Bare Pavement is regained on Class 1 highways	[REDACTED] points
Appendix A	2002.09	Failure to achieve Bare Pavement on any Route on Class 2 Highways within 16 hours after the End of the Winter Event			For each hour or portion thereof until Bare Pavement is regained on Class 2 highways.	[REDACTED] point
Appendix A	2002.09	Failure to achieve Bare Pavement on any Route on Class 3 Highways within 24 hours after the End of the Winter Event			For each hour or portion thereof until Bare Pavement is regained on Class 3 highways.	[REDACTED] point
Appendix A	2002.09	Failure to achieve snow accumulation that could cause ramping at any location removed or in the process of being removed within 4 hours after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each 4-hour segment or portion thereof beyond 8 hours after Detection or being Made Aware until accumulation is removed.	[REDACTED] point
Appendix A	2002.09	Failure to achieve snow accumulation at any location impairing visibility removed or lowered within 48 hours after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each 12-hour segment or portion thereof beyond 60 hours after Detection or being Made Aware until visibility is regained.	[REDACTED] point
Appendix A	2002.09	Failure to achieve shoulders/medians and median crossovers plowed within 24 hours of the End of Winter Event	Per occurrence	[REDACTED] point	For each 4-hour segment or portion thereof beyond 28 hours after the End of the Winter Event until plowed and salted/sanded	[REDACTED] point
		General
Appendix A	2002.09	Failure to achieve [REDACTED]% of lighting on Winter Vehicles conforming to specifications in appendices of this performance requirement.	Per occurrence	[REDACTED] point	Per day or portion thereof until specifications are conformed to	[REDACTED] point
Appendix A	2002.09	Failure to address any Hazard Immediately upon Detection or being Made Aware	Per occurrence	[REDACTED] points	For every 15-minute segment or portion thereof beyond 2.2 hours after Detection or being Made Aware until Addressed	[REDACTED] point
Appendix A	2002.09	Any Route left unserviced for more than 2 hours due to equipment breakdown or redeployment	Per occurrence	[REDACTED] points	Per Winter Vehicle for each 15-minute segment or portion thereof beyond 2.3 hours until Route becomes fully serviced.	[REDACTED] point
Appendix A	2002.09	Failure to achieve salt/sand stored in covered buildings at all times	Per occurrence	[REDACTED] point	For each hour or portion thereof beyond 2 hours until material is returned to storage.	[REDACTED] point
Appendix A	2002.09	Flooding on roadway caused by snow and/or ice impeding drainage through or to culverts and ditches.	Per occurrence	[REDACTED] point	All costs of repairs to return infrastructure to original condition prior to flooding.
Appendix A	2002.09	Failure to achieve all reporting requirements identified in section 2002.04.06 are Accurate, Complete and Timely [REDACTED]% of the time	Per occurrence	[REDACTED] point	Per subsequent week or portion thereof until submitted	[REDACTED] point
Appendix A	2002.09	Each occurrence at each recreational trail or pathway not being bare within 8 hours of the conclusion of a Winter Event	Per occurrence	[REDACTED] point	Per each 4-hour segment or portion thereof not corrected	[REDACTED] point
		Pavement Marking (failure to achieve)
Appendix A	2003.09	Failure to meet minimum retroreflectivity readings on Pavement Markings per each 1km segment.	Per occurrence	[REDACTED] points [REDACTED] point (for less than 1km)	Per day for each day the deficiency remains after the initial 10 day requirement to retrace, NonConformance Report was issued	[REDACTED] point
Appendix A	2003.09	No 100 metre segment of Pavement Marking shall be less than 100 mcd/m2lx for white markings, and 75 mcd/m2lx for yellow	Per occurrence	[REDACTED] points	Per day for each day the deficiency remains after the initial 10 day requirement to retrace, Nonconformance Report was issued.	[REDACTED] point
Appendix A	2003.09	Failure to meet the minimum retroreflectivity readings per Pavement Marking Symbol	Per occurrence	[REDACTED] point	Per day for each day the deficiency remains after the initial 10 day requirement to retrace, Nonconformance Report was issued.	[REDACTED] point
Appendix A	2003.09	Pavement Markings exceeding [REDACTED]% material loss per 100m segment.	Per occurrence	[REDACTED] points	Per day for each day the deficiency remains after the initial 10 day requirement to retrace, Nonconformance Report was issued	[REDACTED] point
Appendix A	2003.09	Pavement Marking Symbol exceeding [REDACTED]% material loss per Pavement Marking Symbol	Per occurrence	[REDACTED] point	Per day for each day the deficiency remains after the initial, 10 day Non-Conformance Report was issued.	[REDACTED] point
Appendix A	2003.09	Failure to meet the visibility requirements	Per occurrence	[REDACTED] points	Per day for each day the deficiency remains after the initial, 10 day Non-Conformance Report was issued	[REDACTED] point
Appendix A	2003.09	Failure to meet the colour requirements	Per occurrence	[REDACTED] points	Per day for each day the deficiency remains after the initial, 10 day Non-Conformance Report was issued	[REDACTED] point
Appendix A	2003.09	Failure to meet the luminance requirements.	Per occurrence	[REDACTED] points	Per day for each day the deficiency remains after the initial, 10 day Non-Conformance Report was issued	[REDACTED] point
Appendix A	2003.09	Failure for each document not being Accurate, Timely and Complete	Per occurrence	[REDACTED] Points	Per day for each day the deficiency remains after the initial, 15 day Non-Conformance Report was issued	[REDACTED] Point
Appendix A	2003.09	Lines are not straight and true	Per occurrence	[REDACTED] points	Per day until corrected	[REDACTED] point
Appendix A	2003.09	Splatter and/or tracking not corrected	Per occurrence	[REDACTED] Points	Per day until corrected	[REDACTED] Point
Appendix A	2003.09	Appearance not compliance to OTM Book 11 (does not apply to Carpool Parking Facility)	Per occurrence	[REDACTED] Points	Per day until compliance to Book 11 is achieved	[REDACTED] Point
		Asset Data Collection - Pavements(failure to achieve)
Appendix A	2111.09.01.01	Collect data and report DMI values along with all supporting information for each Highway Section	Per occasion	[REDACTED] point
Appendix A	2111.09.01.01	DMI values for all Highway Sections within 0.5 DMI points from the MTO's calculated DMI value.	Per occasion	[REDACTED] point
Appendix A	2111.09.01.01	[REDACTED]% of the DMI information provided to the MTO by the specified date each year.	Per year	[REDACTED] point
Appendix A	2111.09.01.01	Report PCI values for each Highway Section.	Per occasion	[REDACTED] point
Appendix A	2111.09.01.01	PCI values for all Highway Sections within 3 PCI points from the MTO's calculated PCI value.	Per occasion	[REDACTED] point
Appendix A	2111.09.01.01	[REDACTED]% of the PCI information provided to the MTO by the specified date each year.	Per year	[REDACTED] point
		Structural Maintenance
		*General (failure to achieve)*
Appendix A	3001.09	All structures and components are cleaned and washed by 15th of June of every year	Per occurrence	[REDACTED] point	For each additional day until corrected.	[REDACTED] point
Appendix A	3001.09	All structures and components are inspected and reports are made available to the MTO as specified in Appendix B of this schedule	Per occurrence	[REDACTED] points	For each additional day until corrected.	[REDACTED] point
		*Overpasses (failure to achieve)*
Appendix A	3001.09	Washouts are signed and the area secured immediately upon Detection or being Made Aware	Per occurrence	[REDACTED] point	Per additional day until corrected.	[REDACTED] point
Appendix A	3001.09	Washouts are repaired within 7 days upon Detection or being Made Aware	Per occurrence	[REDACTED] point	Per additional day until corrected	[REDACTED] point
Appendix A	3001.09	Temporary repairs to handrails completed immediately upon Detection or being Made Aware	Per occurrence	[REDACTED] point	Per additional day until corrected	[REDACTED] point
Appendix A	3001.09	Permanent repairs to handrails completed within 7 days upon Detection or being Made Aware	Per occurrence	[REDACTED] point	Per additional day until corrected	[REDACTED] point
		*Bridge Surface/Tunnel Surface (failure to achieve)*
Appendix A	3001.09	All sharp vertical displacements of more than 20 mm are signed	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	3001.09	All settlements of the approach slabs by more than 100 mm are signed	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	3001.09	All cracks in the asphalt surface wider than 25mm are repaired	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	3001.09	All potholes exceeding 20 mm on concrete surfaces are repaired	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	3001.09	Loose timber supports under the centre of the end transom not adjusted, shimmed or replaced Immediately upon Detection or being Made Aware	Per occurrence	[REDACTED] points	Each additional day left uncorrected	[REDACTED] point
Appendix A	3001.09	Settled ramp ends not jacked shimmed and reset as necessary, to maintain correct approach alignment within 30 days upon Detection or being Made Aware	Per occurrence	[REDACTED] points	For each additional day left uncorrected	[REDACTED] point
Appendix A	3001.09	Differential settlement of bearings or bearing base plates not corrected by jacking and shimmed as necessary to ensure that bridge is level transversely and the top chords are in line longitudinally within 15 days upon Detection or being Made Aware	Per occurrence	[REDACTED] points	Per each additional day left uncorrected	[REDACTED] point
		Obstruction to Over Flow
Appendix A	3001.09	Not removing logs, trees, ice and other debris after high water levels have returned to normal depths	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	3001.09	Subsequent significant build up is not removed before September 1st		[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	3001.09	Not immediately removing obstructions causing conditions, where accumulation of debris or ice causes flooding and erosion or distress to the structure	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	3001.09	Not correcting conditions that impede the drainage to function as designed	Per occurrence	[REDACTED] points	Per day if not corrected within 14 days upon Detection or being Made Aware	[REDACTED] point
Appendix A	3001.09	Not correcting the causes of scouring or erosion near or at Bridge supports	Per occurrence	[REDACTED] points	Per day if not corrected within 14 days upon Detection or being Made Aware	[REDACTED] point
		Expansion Joints and Bearings
Appendix A	3001.09	Loose , broken, missing or misaligned joint components not scheduled for immediate corrective action	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	3001.09	Bearing component that is restricted from movement by the accumulation of debris	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
		Erosion Control
Appendix A	3001.09	Washouts not corrected within 7 days upon Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	3001.09	Washouts not corrected within 30 days upon Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
		Retaining Walls
Appendix A	3001.09	The differential rotation of all Retaining Walls shall not exceed [REDACTED]% of the as-built wall batter Project Co shall implement corrective actions in accordance with Section 6.4 of Appendix B of this schedule in the event this target is not met	Per occurrence	[REDACTED] points	Each day per occurrence if not corrected within 12 months upon Detection or being Made Aware	[REDACTED] points
		Roadside Features
		*Barrier and Energy Absorbing Systems*
Appendix A	4001.09	Frayed and/or missing cables, or cable height exceeding the design standard by more than 5 cm or exposed anchors or missing hardware	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Damaged posts not repaired within 21 days (when ground is not frozen) upon Detection or being Made Aware	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Temporary repairs (which have been performed when ground is frozen) that remain in place past 15th of June in every calendar year	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	More than three consecutive damaged or missing reflectorized strips	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	More than 2 consecutive missing, broken, excessively split, cracked or generally unsound posts	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	More than [REDACTED]% of the posts in a system (terminal to terminal) missing, broken, excessively split, cracked or generally unsound posts	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Of rails or channels that are dented, bent, twisted or excessively rusted and affect the integrity and effectiveness of the system that are not repaired within 7 days (for Median Installations) and 21 days (for shoulder installations) upon Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Any broken post not repaired within 30 days upon Detection or being Made Aware			A day for non-repair of any broken post(s) beyond 30 days upon Detection or being Made Aware	[REDACTED] point
Appendix A	4001.09	Two adjacent sections of temporary/modular concrete barriers that are misaligned by more than 7.5 cm or longitudinally separated by greater than 2.5cm	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Temporary repairs that are not removed and permanently repaired between 1 April and 1 October of each year	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	"break out" area that is not secured within 24 hours	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Temporary repairs that are not removed and permanently repaired between 1 April and 1 October of each year.	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	"break out" area that is not secured within 24 hours	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Damaged Energy Absorbing Systems that affect the integrity and effectiveness of the system that are not repaired or replaced within 7 days after Detection or being Made Aware	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Energy Absorbing Systems which have shifted or moved out of original position and that are not realigned within seven days after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Systems that contain moving parts which are not cleaned by June 1st of every year	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Damaged or missing anti-glare screens that are not acted on within 14 days after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
		*Noise Walls*
Appendix A	4001.09	damaged Noise Barriers that affect the integrity and effectiveness of such barriers as designed that are not repaired or replaced within 7 days after Detection or being Made Aware	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Noise Barriers which have shifted or moved out of original position and that are not realigned within seven days after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	vertical alignment of a Noise Barrier or part thereof differs by more than 50 mm/ linear meter from vertical	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	systems that contain moving parts which are not cleaned by June 1st of every year	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Noise Barrier or part thereof fails to meet the design requirements.	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
		Signs
Appendix A	4001.09	Missing, damaged, illegible, obscured, reduced reflectivity, faded, twisted or deflected Stop and Yield signs, Advanced Stop and Advanced Yield signs, and Checkerboard signs not repaired/replaced Immediately	Per occurrence	[REDACTED] points	For each additional 30 minutes or portion thereof beyond 2.5 hours after Detection or being Made Aware that the sign is not repaired/replaced	[REDACTED] point
Appendix A	4001.09	Other (missing, damaged, illegible, obscured, reduced reflectivity, faded, twisted or deflected) regulatory signs, that are not Addressed within 3 days after Detection or being Made Aware	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Missing, damaged, illegible, obscured, reduced reflectivity, faded, twisted or deflected warning signs not Addressed within 7 days after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Missing, damaged, illegible, obscured, reduced reflectivity, faded, twisted or deflected delineators not Addressed within 30 days after Detection or being	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected Made Aware	[REDACTED] point
Appendix A	4001.09	Missing, damaged, illegible, obscured, reduced reflectivity, faded, twisted or deflected information signs not Addressed within 30 days after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Missing/broken/loose/cracked/bent fasteners and brackets not replaced within 7 days after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Twisted, excessively cracked, out of plumb, bent, unsound posts or posts not solid in the ground if not repaired or replaced within 60 days after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Debris accumulated against the structure which is not removed upon Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Structure not inspected and reported by July 1 of every year	Per occurrence	[REDACTED] point	For each additional day until corrected	[REDACTED] point
Appendix A	4001.09	Unauthorized sign not removed when Detected or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
		Curb and Gutter
Appendix A	4001.09	Obstructions impeding proper drainage	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Gaps between curb and gutter and pavement surface that exceed 5.0 cm	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Erosion damage on the shoulder and embankment behind the curb as Detected or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
		Drainage Systems
Appendix A	4001.09	Missing catch basins and maintenance access - frames or grates not replaced Immediately	Per occurrence	[REDACTED] points	For each additional 30 minutes or portion thereof beyond 2.5 hours after Detection or being Made Aware that the frame or grate is not replaced	[REDACTED]
Appendix A	4001.09	Damaged catch basins and maintenance access frames or grates not replaced within 7 days after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Sump filled to capacity and impeding drainage	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Storm water management pond inspection reports not submitted by (trigger date) (for spring inspections) and (trigger date) (for fall inspections) of each year	Date	[REDACTED] point	For each day that each report is submitted past its due date	[REDACTED] point
Appendix A	4001.09	Erosion damage which is not repaired or obstructions which are not removed by October 1st of every year	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Obstructions impeding water flow not corrected within 30 days	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Crushed or buried pipe ends not corrected within 30 days	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Missing rodent/wildlife screens not corrected within 60 days	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
		Culverts
Appendix A	4001.09	Debris causing blockage at culvert inlets or outlets	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Debris, that may restrict water flow at culvert inlet or outlet, not removed within 30 days after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Washout of culvert backfill or erosion damage not corrected within 30 days after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	For missing bars, screens or grids installed for the prevention of entry by animals or unauthorized personnel not corrected within 14 days after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
		Ditches
Appendix A	4001.09	Eroded or damaged ditch slopes, linings, back slopes and slope protection not corrected within 60 days after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Erosion of ditch inlets/outlet not corrected within 60 days after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] points
Appendix A	4001.09	Obstructions that may reduce flow capacity not removed within 60 days after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Non-planned obstruction that stop, reroute or reduce the free flow of water; or cause flooding not Addressed Immediately	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] points
		Vegetation Control
Appendix A	4001.09	Vegetation that impairs or obstructs sight visibility (hills, curves, intersections etc.)	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Vegetation, trees or branches that impede traffic or obscure regulatory signs not removed Immediately upon Detection or being Made Aware	Per occurrence	[REDACTED] points	For each additional 30 minutes or portion thereof beyond 2.5 hours after Detection or being Made Aware that the sign is not repaired/replaced	[REDACTED] point
Appendix A	4001.09	Vegetation within 2 m of any shoulder edge or Ministry designated areas in this performance requirement that is longer than 60 cm	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Noxious weeds identified through a weed order not eradicated as specified in the weed order	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Removed or destroyed ground cover causing a negative environmental impact or impacting the infrastructure that is not restored within 30 days upon Detection or being Made Aware	Per occurrence	[REDACTED] points	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Vegetation between curb and asphalt joints in curb and gutter and between asphalt shoulders and concrete barriers which are not eradicated during the months of July and August every year	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
		*Fences and Other Barriers*
Appendix A	4001.09	Damaged or missing security or farm fence allowing access to the highway not repaired (temporarily if necessary) Immediately	Per occurrence	[REDACTED] points	For each additional 30 minutes or portion thereof beyond 2.5 hours after Detection or being Made Aware that the fence is not repaired/replaced	[REDACTED] point
		*General*
Appendix A	4001.09	Visible graffiti not identified or removed within specified time	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	Offensive graffiti that is not removed within 3 days after Detection or being Made Aware	Per occurrence	[REDACTED] point	For each additional day that is left uncorrected	[REDACTED] point
Appendix A	4001.09	For not removing litter within the Roadside within 3 days after Detection or being Made Aware	[REDACTED] point	For each subsequent day that it is left uncorrected	[REDACTED] point
Appendix A	4001.09	Failure to address any Hazard Immediately upon Detection or being Made Aware	Per occurrence	[REDACTED] points	For every 15 minute segment or portion thereof beyond 2.2 hours after Detection or being Made Aware until Addressed	[REDACTED] point
Appendix A	4001.09	Inspections not completed on time	Per occurrence	[REDACTED] point	Per week or portion thereof until inspection completed	[REDACTED] point
Appendix A	4001.09	Inspection reports not being Accurate and Complete	Per occurrence	[REDACTED] point
Appendix A	4001.09	Mechanical failure of pumps and / or backup system resulting in insufficient water discharge causing flooding and / or damage to the Lands	Per occurrence	[REDACTED] points	For each additional 30 minutes or portion thereof beyond 2.5 hours after Detection or being Made Aware that the pump is not repaired/replaced	[REDACTED] point
Appendix A	4001.09	Pump station features are not maintained in accordance with manufacturer's recommendations or Good Industry Practice.	Per occurrence	[REDACTED] point	Per week or portion thereof until NonConformance is addressed	[REDACTED] point
		Pump Stations
		*Dry Standpipe*
Appendix A	4001.09	Mechanical failure of Dry Standpipe and / or associated facilities resulting in failure to perform as designed and intended	Per occurrence	[REDACTED] points	None
Appendix A	4001.09	Dry Standpipe and / or associated facility are not maintained in accordance with the requirements of the local fire department, applicable laws, manufacturer's recommendations and Good Industry Practice	Per occurrence	[REDACTED] point	0.5 QF Point per week or portion thereof until Non-Conformance is addressed	[REDACTED] points
		Asset Condition Data Collection - Non-Structural Culverts
Appendix A	4101.09.01	Each culvert where Project Co fails to meet all requirements that are specified to be taken when Project Co detects, or should have been detected, or was made aware of, an imminent danger of a culvert failure		[REDACTED] points
Appendix A	4101.09.01	When the MTO's verification of each annual Non-Structural Culvert condition assessment report finds that the reported Below Minimum Tolerable remaining life span ratings and Poor remaining life span ratings are less than [REDACTED]% accurate assessments		[REDACTED] points
Appendix A	4101.09.01	When the MTO's verification of each annual Non-Structural Culvert condition assessment report finds that the reported Very Good remaining life span ratings, Good remaining life span ratings and Fair remaining life span ratings are less than [REDACTED]% accurate assessments		[REDACTED] point
Appendix A	4101.09.01	When the MTO's verification of each annual Non-Structural Culvert condition assessment report finds the Below Minimum Tolerable and the Poor culvert condition ratings that are reported for each of the condition rating categories in each Non-Structural Culvert condition assessment report are less than [REDACTED]% accurate assessments		[REDACTED] points
Appendix A	4101.09.01	When the MTO's verification of each annual Non- Structural Culvert condition assessment report finds that the Very Good, the Good and the Fair culvert condition ratings that are reported for each of the condition rating categories in each non-Structural Culvert condition assessment report are less than [REDACTED]% accurate assessments		[REDACTED] point
Appendix A	4101.09.01	That Project Co does not provide a complete Non-Structural Culvert condition assessment survey report at the time specified	Per occurrence	[REDACTED] points
		Electrical Maintenance
		*Parkway Lighting*
Appendix A	5001.09	For not responding to Critical Failures within 2 hours or failure to complete Permanent or Temporary Repairs while on site	Per occurrence	[REDACTED] points	For each additional hour beyond 3 hours and/or failing to complete Permanent or Temporary Repairs while on site	[REDACTED] point
Appendix A	5001.09	Continuous Lighting: Where more than [REDACTED]% of the luminaires per any kilometre of highway are not functioning, or more than 2 consecutive luminaires are not functioning	Per occurrence	[REDACTED] point	For each day or portion thereof after 2 days of being Made Aware of more than [REDACTED]% of the luminaries per any kilometre of Highway are not functioning, or more than two (2) consecutive luminaries are not functioning	[REDACTED] point
Appendix A	5001.09	Partial Lighting: Where more than [REDACTED]% of the luminaires	Per occurrence	[REDACTED] point	For each day or portion thereof after 2 days of being Made Aware of more than [REDACTED]% of the luminaries connected to a power supply not functioning, or any luminaries not functioning for more than seven (7) days	[REDACTED] point
Appendix A	5001.09	Failure to complete Permanent Repairs within 10 days	Per occurrence	[REDACTED] point	Per day until Permanent Repairs are complete	[REDACTED] point
Appendix A	5001.09	Failure to repair/replace non functioning luminaires within specified time	Per occurrence	[REDACTED] point	For each day or portion thereof after the initial consequences until repairs are made	[REDACTED] point
		*Flashing Beacons*
Appendix A	5001.09	For not responding to Critical Failures within 2 hours or failure to complete Permanent or Temporary Repairs while on site	Per occurrence	[REDACTED] points	For each additional hour beyond 3 hours and/or failing to complete Permanent or Temporary Repairs while on site	[REDACTED] point
Appendix A	5001.09	Failure to complete Permanent Repairs within 10 days	Per occurrence	[REDACTED] point	Per day until Permanent repairs are completed	[REDACTED] point
		*Maintenance and Inspection Reports*
Appendix A	5001.09	Any report not submitted within specified time	Per occurrence	[REDACTED] point	Per additional day until received	[REDACTED] point
Appendix A	5001.09	Any report not being Complete or Accurate	Per occurrence	[REDACTED] point
		*Qualified Personnel*
Appendix A	5001.09	Failure to have a Qualified Person performing any work under this Performance Requirement [REDACTED]% of the time	Per occurrence	[REDACTED] point
		*Central Dispatch*
Appendix A	5001.09	Failure to notify Central Dispatch and LTOC	Per occurrence	[REDACTED] point
		Intelligent Transportation System
		*Repairs to ITS Systems and/or Components*
Appendix A	7001.09	Response time for Critical Failures with Qualified Personnel within 2 hours	Per occurrence	[REDACTED] points	For each additional 15 minutes beyond the required response time for a Critical Failure until the Qualified Person is on site.	[REDACTED] point
Appendix A	7001.09	Failing to complete permanent or temporary repairs of critical failures before leaving the site	Per occurrence	[REDACTED] points	Each additional 15 minutes after leaving the site until the Permanent or Temporary Repair is completed	[REDACTED] point
Appendix A	7001.09	Failure to complete permanent repairs of critical failures within 10 days	Per occurrence	[REDACTED] points	For each additional day beyond 10 days	[REDACTED] points
Appendix A	7001.09	Not responding with Qualified Personnel to all Non-Critical Failures by 16:00 hours of the following business day after detection or being made aware	Per occurrence	[REDACTED] points	Each additional hour beyond 16:00 hours of the following business day after detection or being made aware.	[REDACTED] point
Appendix A	7001.09	Failing to complete permanent repairs that meet or exceed all requirements to bring the failed ITS component to full functionality in accordance with the specifications	Per occurrence	[REDACTED] points
Appendix A	7001.09	Maintenance and Inspection Reports	Per occurrence of any report not submitted within the specified time	[REDACTED] points	Per 24 hours until the report is received	[REDACTED] point
Appendix A	7001.09	Maintenance and Inspection Reports	Per occurrence of any report not being complete or accurate	[REDACTED] point	None	[REDACTED] point
Appendix A	7001.09	Documentation	Per occurrence for any documentation not submitted	[REDACTED] points	For each 10 days or portion thereof beyond when the documentation was to be submitted until the documentation is submitted	[REDACTED] points
Appendix A	7001.09	Not using a Qualified Personnel to complete the work	Per occurrence	[REDACTED] points
Appendix A	7001.09	Notification to LTOC	Per occurrence of failure to notify LTOC on all Non-Routine Maintenance calls	[REDACTED] points
Appendix A	7001.09	Notification to LTOC	For failure to Notify LTOC 24 hours before any routine work.	[REDACTED] points
Appendix A	7001.09	Notification to LTOC	For failure to Notify LTOC of arrival/and departure from site.	[REDACTED] points
Appendix A	7001.09	ITS Performance Measures CCTV,- VMS/AAS and signs for QWS	Per occurrence when an ITS component does not meet the performance criteria	[REDACTED] points	For each 24 hours or portion thereof that the device in question or subsystem in question does not meet the Performance Requirements	[REDACTED] points
Appendix A	7001.09	ITS Performance Measures-Detectors (includes detectors for QWS)	Per occurrence when an ITS component does not meet the performance criteria	[REDACTED] point	For each 24 hours or portion thereof that the device in question or subsystem in question does not meet the Performance Requirements	[REDACTED] point
Appendix A	7001.09	ITS Performance Measures-Communications	Per occurrence when an ITS component does not meet the performance criteria	[REDACTED] points	For each 24 hours or portion thereof that the device in question or subsystem in question does not meet the performance requirements	[REDACTED] points
		Urban Design, Landscape and Ecological Restoration
		*Seasonal Landscape and Maintenance Schedule*
Appendix A	8001.09	Litter Collection	For each day the litter has not been removed	[REDACTED] point
Appendix A	8001.09	Vandalism Repair	Per occurrence for not repairing Urban and Landscape Amenities or structures within 14 days of Detection or being Made Aware	[REDACTED] point	For each additional day until corrected	[REDACTED] Point
Appendix A	8001.09	Vandalism Repair	Per occurrence for visible graffiti not removed within 14 days of Detection or being Made Aware	[REDACTED] point	For each additional day until corrected	[REDACTED] Point
Appendix A	8001.09	Vandalism Repair	Per occurrence of offensive graffiti not removed within 14 days of Detection or being Made Aware	[REDACTED] point	For each additional day until corrected	[REDACTED] Point
Appendix A	8001.09	Mowing, Trimming and Weeding	Per occurrence of grass not mowed to the height of 12cm or less	[REDACTED] Points	For each additional day until corrected	[REDACTED] Point
Appendix A	8001.09	Mowing, Trimming and Weeding	Per occurrence where grasses and plants are not trimmed and weeded at optimal times	[REDACTED] Points
Appendix A	8001.09	Prairie and Savannah Management	Per occurrence for not following the maintenance techniques in the Environmental Management Plan.	[REDACTED] Point
Appendix A	8001.09	Pruning	For each occurrence that dead and damaged branches are not removed upon Detection or being Made Aware.	[REDACTED] Point	For each additional day until corrected	[REDACTED] Point
Appendix A	8001.09	Pruning	For each occurrence that Hazardous branches were not observed and removed Immediately..	[REDACTED] Point	For each additional day until corrected	[REDACTED] Point
Appendix A	8001.09	Pruning	For failure to maintain clear carriage of trails, pathways and sidewalks to ensure public safety.	[REDACTED] Point	For each additional day until corrected	[REDACTED] Point
Appendix A	8001.09	Waste Management	For each occurrence that Project Co fails to manage landscaping waste in accordance with the Environmental Management Plan	[REDACTED] Point
Appendix A	8001.09	Illumination	Per occurrence for not repairing illumination within 14 days of Detection or being Made Aware	[REDACTED] Point	For each additional day until corrected	[REDACTED] Point
Appendix A	8001.09	Site Furniture and Fixtures	Per occurrence for not repairing site furniture and fixtures within 14 days of Detection or being Made Aware	[REDACTED] Point	For each additional day until corrected	[REDACTED] Point
Appendix A	8001.09	Landscape Bridges and Structures	Per occurrence for not repairing landscape bridges and Structure within 14 days of Detection or being Made Aware	[REDACTED] Point	For each additional day until corrected	[REDACTED] Point
Appendix A	8001.09	Signage and Way Finding	Per occurrence for not repairing signage and way finding components within 14 days of Detection or being Made Aware	[REDACTED] Point	For each additional day until corrected	[REDACTED] Point
Appendix A	8001.09	Fences and other Barriers	per occurrence for not repairing fences and other barriers within 14 days of Detection or being Made Aware	[REDACTED] Point	For each additional day until corrected	[REDACTED] Point
Appendix A	8001.09	Non-Routine Maintenance	For each occurrence that Project Co fails to provide repairs and/or replacement of landscape amenities within 7 days of being Made Aware.	[REDACTED] Point	For each day beyond the 7 days until such time that the repairs and / or replacement of the landscape amenities is completed.	[REDACTED] Point
Appendix A	8001.09	Documentation	Per occurrence for failure to provide all documentation as specified in this Performance Requirement	[REDACTED] Points
Appendix B - Asset Preservation
Appendix B	PREP1 (section 5.4)	Initial Asset Management Plan (including initial 5 year Asset Preservation schedule)	60 days prior to each Required Substantial Completion Date	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PREP2 (section 5.4, 6.4)	Asset Management Plan Update (including updated 5 year Asset Preservation schedule, and As-Built plans)	January 30th annually	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PREP3 (section 5.5, 6.4)	Annual APPM Achievement Report	November 30th annually	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PREP4 (section 5.6)	Pavement Condition Data to be provided according to Pavement Evaluation Manuals, SP-024 for flexible and SP-026 for rigid and composite pavement.	September 30th annually (updated annual data delivered not more than 60 days following survey)	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PREP5 (section 5.6, 6.4)	Structures Condition Data	September 30th annually	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PREP6 (section 5.7)	Other Assets and facilities Condition Data	September 30th annually	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PREP7 (section 5.8)	Infrastructure Inventory	September 30th annually	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PREP8 (section 5.9)	As-Build Data	September 30th annually	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PPAV1 (section 6.3)	Highway Running Surfaces - Paved Roadway IRI	12 months	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PPAV2 (section 6.3)	Highway Running Surfaces - Paved Roadway PCI	12 months	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PPAV3 (section 6.3)	Highway Running Surfaces - Paved Roadway Rutting	12 months	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PPAV4 (section 6.3)	Highway Running Surfaces - Paved Roadway Friction	12 months	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PSTR1 (section 6.4)	Outcome Measure Targets - Structures (Bridges, Tunnels and Trail Bridges)	12 months	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PSTR2 (section 6.4)	Outcome Measure Targets - Structures (Structural Culverts)	12 months	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PSTR3 (section 6.4)	Outcome Measure Targets - Structures (Retaining Walls)	12 months	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PSTR4 (section 6.4)	Outcome Measure Targets - Structures (Overhead Sign Structures)	12 months	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PASI0 (section 6.4)	Additional Structure Inspections	Reported w/in 7 days of event	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PMEC1 (section 6.7)	Mechanical Systems -- Pumps	12 months	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PMEC2 (section 6.7)	Mechanical Systems - Fire Protection	12 months	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	POTH1 (section 6.9)	Other Assets	Depend on asset condition rating	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Appendix B	PAIP1 (section 6.10)	Additional Inspection of the Parkway	Reported w/in 7 days of event	[REDACTED] points	For each day that failure is not rectified	[REDACTED] Points
Schedule 17 - Environmental Obligations
	PE 3.5(c)	Environmental Management System Plan (Updates)	As applicable, and in any event no later than June 1st annually	[REDACTED] Point	For each day that failure is not rectified	[REDACTED] Point
	PE3.4(e)	Monthly Environmental Reports	Within 14 days after the end of the month for which the report prepared	[REDACTED] Point	For each day that failure is not rectified	[REDACTED] Point
	PE 3.4(f)	Annual Compliance Reports	Submission in accordance with the Compliance Monitoring Program	[REDACTED] Point	For each day that failure is not rectified	[REDACTED] Point
	PE 3.4(g)	Environmental Completion Report(s) (prepared for each Phase of the project)	Within 14 days prior to each Phase Substantial Completion and the Substantial Completion Date	[REDACTED] Point	For each day that failure is not rectified	[REDACTED] Point
	PE 3.4(i)	Independent environmental audit	March 1^st and September 1^st annually	[REDACTED] Point	For each day that failure is not rectified	[REDACTED] Point

APPENDIX C: ANNUAL OM&R PAYMENT

Year	Annual OM&R Excluding Rehabilitation Payments (A)	Rehabilitation Payments (B)	Total Annual OM&R Payments (A+B)
1	[REDACTED]	[REDACTED]	[REDACTED]
2	[REDACTED]	[REDACTED]	[REDACTED]
3	[REDACTED]	[REDACTED]	[REDACTED]
4	[REDACTED]	[REDACTED]	[REDACTED]
5	[REDACTED]	[REDACTED]	[REDACTED]
6	[REDACTED]	[REDACTED]	[REDACTED]
7	[REDACTED]	[REDACTED]	[REDACTED]
8	[REDACTED]	[REDACTED]	[REDACTED]
9	[REDACTED]	[REDACTED]	[REDACTED]
10	[REDACTED]	[REDACTED]	[REDACTED]
11	[REDACTED]	[REDACTED]	[REDACTED]
12	[REDACTED]	[REDACTED]	[REDACTED]
13	[REDACTED]	[REDACTED]	[REDACTED]
14	[REDACTED]	[REDACTED]	[REDACTED]
15	[REDACTED]	[REDACTED]	[REDACTED]
16	[REDACTED]	[REDACTED]	[REDACTED]
17	[REDACTED]	[REDACTED]	[REDACTED]
18	[REDACTED]	[REDACTED]	[REDACTED]
19	[REDACTED]	[REDACTED]	[REDACTED]
20	[REDACTED]	[REDACTED]	[REDACTED]
21	[REDACTED]	[REDACTED]	[REDACTED]
22	[REDACTED]	[REDACTED]	[REDACTED]
23	[REDACTED]	[REDACTED]	[REDACTED]
24	[REDACTED]	[REDACTED]	[REDACTED]
25	[REDACTED]	[REDACTED]	[REDACTED]
26	[REDACTED]	[REDACTED]	[REDACTED]
27	[REDACTED]	[REDACTED]	[REDACTED]
28	[REDACTED]	[REDACTED]	[REDACTED]
29	[REDACTED]	[REDACTED]	[REDACTED]
30	[REDACTED]	[REDACTED]	[REDACTED]
TOTAL	[REDACTED]	[REDACTED]	[REDACTED]

APPENDIX D-1: ANNUAL OM&R PAYMENT EXCLUDING REHABILITATION
PAYMENT (PHASE-BY-PHASE BREAKDOWN)

Annual OM&R Payment excluding Rehabilitation Payments (A)

[REDACTED]

Year	Annual OM&R Payment Excluding Rehabilitation Payments for period after Phase Substantial Completion of Phase One but before Phase Substantial Completion of Phase Two (1)	Annual OM&R Payment Excluding Rehabilitation Payments for period after Phase Substantial Completion of Phase One and Phase Substantial Completion of Phase Two but before Substantial Completion (2)	Annual OM&R Payment Excluding Rehabilitation Payments for period after Substantial Completion (3)	Annual OM&R Payment Excluding Rehabilitation Payments (4)
1	[REDACTED]	[REDACTED]	[REDACTED]	[REDACTED]
2	-	-	[REDACTED]	[REDACTED]
3	-	-	[REDACTED]	[REDACTED]
4	-	-	[REDACTED]	[REDACTED]
5	-	-	[REDACTED]	[REDACTED]
6	-	-	[REDACTED]	[REDACTED]
7	-	-	[REDACTED]	[REDACTED]
8	-	-	[REDACTED]	[REDACTED]
9	-	-	[REDACTED]	[REDACTED]
10	-	-	[REDACTED]	[REDACTED]
11	-	-	[REDACTED]	[REDACTED]
12	-	-	[REDACTED]	[REDACTED]
13	-	-	[REDACTED]	[REDACTED]
14	-	-	[REDACTED]	[REDACTED]
15	-	-	[REDACTED]	[REDACTED]
16	-	-	[REDACTED]	[REDACTED]
17	-	-	[REDACTED]	[REDACTED]
18	-	-	[REDACTED]	[REDACTED]
19	-	-	[REDACTED]	[REDACTED]
20	-	-	[REDACTED]	[REDACTED]
21	-	-	[REDACTED]	[REDACTED]
22	-	-	[REDACTED]	[REDACTED]
23	-	-	[REDACTED]	[REDACTED]
24	-	-	[REDACTED]	[REDACTED]
25	-	-	[REDACTED]	[REDACTED]
26	-	-	[REDACTED]	[REDACTED]
27	-	-	[REDACTED]	[REDACTED]
28	-	-	[REDACTED]	[REDACTED]
29	-	-	[REDACTED]	[REDACTED]
30	-	-	[REDACTED]	[REDACTED]
TOTAL	[REDACTED]	[REDACTED]	[REDACTED]	[REDACTED]

APPENDIX D-2: REHABILITATION PAYMENT (PHASE-BY-PHASE BREAKDOWN)

Year	Rehabilitation Payments for period after Phase Substantial Completion of Phase One but before Phase Substantial Completion of Phase Two (1)	Rehabilitation Payments for period after Phase Substantial Completion of Phase One and Phase Substantial Completion of Phase Two but before Substantial Completion (2)	Rehabilitation Payments for period after Substantial Completion (3)	Rehabilitation Payments (4)
1	-	-	[REDACTED]	[REDACTED]
2	-	-	[REDACTED]	[REDACTED]
3	-	-	[REDACTED]	[REDACTED]
4	-	-	[REDACTED]	[REDACTED]
5	-	-	[REDACTED]	[REDACTED]
6	-	-	[REDACTED]	[REDACTED]
7	-	-	[REDACTED]	[REDACTED]
8	-	-	[REDACTED]	[REDACTED]
9	-	-	[REDACTED]	[REDACTED]
10	-	-	[REDACTED]	[REDACTED]
11	-	-	[REDACTED]	[REDACTED]
12	-	-	[REDACTED]	[REDACTED]
13	-	-	[REDACTED]	[REDACTED]
14	-	-	[REDACTED]	[REDACTED]
15	-	-	[REDACTED]	[REDACTED]
16	-	-	[REDACTED]	[REDACTED]
17	-	-	[REDACTED]	[REDACTED]
18	-	-	[REDACTED]	[REDACTED]
19	-	-	[REDACTED]	[REDACTED]
20	-	-	[REDACTED]	[REDACTED]
21	-	-	[REDACTED]	[REDACTED]
22	-	-	[REDACTED]	[REDACTED]
23	-	-	[REDACTED]	[REDACTED]
24	-	-	[REDACTED]	[REDACTED]
25	-	-	[REDACTED]	[REDACTED]
26	-	-	[REDACTED]	[REDACTED]
27	-	-	[REDACTED]	[REDACTED]
28	-	-	[REDACTED]	[REDACTED]
29	-	-	[REDACTED]	[REDACTED]
30	-	-	[REDACTED]	[REDACTED]
TOTAL	-	-	[REDACTED]	[REDACTED]

1Overnight periods beginning on a Friday or a day preceding a statutory holiday end at 8:00 am on Saturday morning or on the day of the statutory holiday, respectively. Overnight periods ending at 6:00 am on a Monday or on the day following a statutory holiday begin at 10:01 pm on Sunday or the day following the statutory holiday, respectively.
2Overnight periods beginning on a Sunday or the day of a statutory holiday end at 6:00 am on Monday morning or on the day following the statutory holiday, respectively. Overnight periods ending at 6:00 am on a Saturday or on the first day of a statutory holiday begin at 10:01 pm on Friday or the day before the statutory holiday, respectively.
3Overnight periods beginning on a Friday or a day preceding a statutory holiday end at 8:00 am on Saturday morning or on the day of the statutory holiday, respectively. Overnight periods ending at 6:00 am on a Monday or on the day following a statutory holiday begin at 10:01 pm on Sunday or the day following the statutory holiday, respectively.
4Overnight periods beginning on a Sunday or the day of a statutory holiday end at 6:00 am on Monday morning or on the day following the statutory holiday, respectively. Overnight periods ending at 6:00 am on a Saturday or on the first day of a statutory holiday begin at 10:01 pm on Friday or the day before the statutory holiday, respectively.