san diego association of governments · 2005-04-08 · board of directors the 18 cities and county...

BIDS DUE:

4 p.m.

April 29, 2005

401 B Street, Suite 800 • San Diego, CA 92101-4231 • (619) 699-1900

Invitation For Bids

5000392 FREEWAY SERVICE PATROL

Regional Tow Truck Services For

Regional FSP Operations on Interstate Routes 5, 8, 15, and 805; and

State Routes 52, 54, 56, 78, 94, 125, 163, and 905

BOARD OF DIRECTORS

The 18 cities and county government are SANDAG serving as the forum

for regional decision-making. SANDAG builds consensus, makes strategic plans, obtains and allocates resources, plans, engineers and builds public transportation, and provides information on a

broad range of topics pertinent to the region’s quality of life.

CHAIR: Hon. Mickey Cafagna FIRST VICE CHAIR: Hon. Mary Teresa Sessom

SECOND VICE CHAIR: Hon. Jack Dale EXECUTIVE DIRECTOR: Gary L. Gallegos

CITY OF CARLSBAD Hon. Matt Hall, Mayor Pro Tem (A) Hon. Bud Lewis, Mayor (A) Hon. Ann Kulchin, Councilmember CITY OF CHULA VISTA Hon. Steve Padilla, Mayor (A) Hon. Patty Davis, Deputy Mayor (A) Hon. Jerry Rindone, Councilmember CITY OF CORONADO Hon. Phil Monroe, Councilmember (A) Hon. Frank Tierney, Councilmember (A) Hon. Carrie Downey, Councilmember CITY OF DEL MAR Hon. Crystal Crawford, Deputy Mayor (A) Hon. David Druker, Councilmember (A) Hon. Henry Abarbanel, Councilmember CITY OF EL CAJON Hon. Mark Lewis, Mayor (A) Hon. Jillian Hanson-Cox, Councilmember CITY OF ENCINITAS Hon. Christy Guerin, Deputy Mayor (A) Hon. Jerome Stocks, Councilmember CITY OF ESCONDIDO Hon. Lori Holt Pfeiler, Mayor (A) Hon. Ed Gallo, Mayor Pro Tem (A) Hon. Ron Newman, Councilmember CITY OF IMPERIAL BEACH Hon. Patricia McCoy, Councilmember (A) Hon. Diane Rose, Mayor (A) Hon. Mayda Winter, Councilmember CITY OF LA MESA Hon. Art Madrid, Mayor (A) Hon. Barry Jantz, Vice Mayor (A) Hon. David Allan, Councilmember CITY OF LEMON GROVE Hon. Mary Teresa Sessom, Mayor (A) Hon. Jill Greer, Councilmember (A) Hon. Jerry Jones, Mayor Pro Tem CITY OF NATIONAL CITY Hon. Ron Morrison, Vice Mayor (A) Hon. Frank Parra, Councilmember (A) Hon. Louie Natividad, Councilmember CITY OF OCEANSIDE Hon. Jack Feller, Councilmember (A) Vacant CITY OF POWAY Hon. Mickey Cafagna, Mayor (A) Hon. Don Higginson, Councilmember (A) Hon. Robert Emery, Deputy Mayor CITY OF SAN DIEGO Hon. Jim Madaffer, Councilmember Hon. Scott Peters, Councilmember (A) Hon. Dick Murphy, Mayor

CITY OF SAN MARCOS Hon. Pia Harris-Ebert, Vice Mayor (A) Hon. Hal Martin, Councilmember (A) Hon. Corky Smith, Mayor CITY OF SANTEE Hon. Jack Dale, Councilmember (A) Hon. Hal Ryan, Councilmember (A) Hon. Randy Voepel, Mayor CITY OF SOLANA BEACH Hon Joe Kellejian, Councilmember (A) Hon. David Powell, Deputy Mayor (A) Hon. Lesa Heebner, Councilmember CITY OF VISTA Hon. Morris Vance, Mayor (A) Hon. Judy Ritter, Councilmember (A) Hon. Bob Campbell, Mayor Pro Tem COUNTY OF SAN DIEGO Hon. Pam Slater-Price, Chairwoman (A) Hon. Dianne Jacob, Supervisor IMPERIAL COUNTY (Advisory Member) Hon. Victor Carrillo, Supervisor (A) Hon. David Ouzan, Mayor CALIFORNIA DEPARTMENT OF TRANSPORTATION (Advisory Member) Will Kempton, Director (A) Pedro Orso-Delgado, District 11 Director METROPOLITAN TRANSIT SYSTEM (Advisory Member) Leon Williams, Chairman (A) Hon. Jerry Rindone, Vice Chairman (A) Hon. Bob Emery, Board Member NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD (Advisory Member) Hon. Jack Feller, Councilmember (A) Hon. Judy Ritter, Councilmember (A) Hon. Ed Gallo, Mayor Pro Tem U.S. DEPARTMENT OF DEFENSE (Advisory Member) CAPT Daniel King, USN, CEC Commander, Southwest Division Naval Facilities Engineering Command (A) CAPT Richard Gamble, USN, CEC SAN DIEGO UNIFIED PORT DISTRICT (Advisory Member) William Hall, Commissioner (A) Michael Bixler, Commissioner SAN DIEGO COUNTY WATER AUTHORITY (Advisory Member) Marilyn Dailey, Commissioner (A) Mark Muir, Commissioner MEXICO (Advisory Member) Hon. Luis Cabrera C. Consulate General of Mexico As of March 11, 2005

IFB Number: 5000392 Project Name: FSP REGIONAL TOWING SERVICES

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TABLE OF CONTENTS

I. INTRODUCTION ............................................................................................................................1

II. BACKGROUND ..............................................................................................................................1

III. PROJECT DESCRIPTION.................................................................................................................2

A. Project Background.............................................................................................................2

B. Project Overview .................................................................................................................3

C. Task Orders ..........................................................................................................................4

D. Fee Estimate Range.............................................................................................................4

E. Payment ...............................................................................................................................4

IV. SCOPE OF REQUIRED SERVICES ...................................................................................................4

V. SPECIAL CONSIDERATIONS ..........................................................................................................5

A. Project Schedule ..................................................................................................................5

B. Project Specific Requirements ............................................................................................6

VI. BID REQUIREMENTS ...................................................................................................................16

A. General...............................................................................................................................16

B. Contents.............................................................................................................................17

1. Written Bid ...................................................................................................................17

a. Executive Summary ......................................................................................................17

b. Identification of the Bidder and Establishment of Bidder’s Fiscal Responsibility ...17

c. Experience and Technical Competence ......................................................................18

d. Proposed Method to Accomplish the Work...............................................................18

e. Knowledge and Understanding of Local Environment and Relevant Laws ............18

f. Project Organization and Key Personnel ...................................................................18

g. SANDAG’s Disadvantaged Business Enterprise (DBE) Program and Discrimination Policy....................................................................................................19

h. Previous Contracts with SANDAG ...............................................................................19

i. Exceptions to this Invitation for Bids..........................................................................19

j. Addenda to this Invitation for Bids ............................................................................20

k. Certifications ................................................................................................................20

2. Cost Bid .........................................................................................................................20

a. Price Summary Sheet ...................................................................................................20

b. Cost Bid Worksheet......................................................................................................20

c. Additional Considerations...........................................................................................21


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VII. SUBMITTAL REQUIREMENTS......................................................................................................21

VIII. PRE-SUBMITTAL ACTIVITIES.......................................................................................................22

A. Questions Concerning Invitation for Bids........................................................................22

B. Revision to the Invitation for Bids ...................................................................................23

IX. CONTRACTOR EVALUATION AND SELECTION PROCESS..........................................................23

X. EVALUATION CRITERIA ..............................................................................................................23

A. Is the bidder responsible? [Pass/Fail]................................................................................24

B. Is the bid responsive? [Pass/Fail].......................................................................................24

C. Reference Interviews.........................................................................................................25

XI. SCHEDULE FOR NOMINATION, SELECTION, AND AWARD......................................................25

XII. SPECIAL CONDITIONS.................................................................................................................25

A. Reservations.......................................................................................................................25

B. Public Records....................................................................................................................25

C. Right to Cancel ..................................................................................................................25

D. Additional Information.....................................................................................................25

E. Conflict of Interest ............................................................................................................26

F. Public Information ............................................................................................................26

G. Contract for Services .........................................................................................................26

H. Insurance Requirements ...................................................................................................26

XIII. PROTESTS ....................................................................................................................................26

A. Protest Contents................................................................................................................27

B. Reply to Protest .................................................................................................................27

C. Request for Protest Reconsideration ...............................................................................27

Recitals...................................................................................................................................................28


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ATTACHMENTS:

A. Standard Agreement for Services ....................................................................................28

EXHIBITS TO THE STANDARD AGREEMENT: A. Scope of Work.............................................................................................................51 B. Payment and Act Schedule ........................................................................................65 C. Certificates of Insurance and Additional Insured Endorsements ............................66 D. Certifications on Lobbying.........................................................................................67 E. Certification Regarding Debarment, Suspension, and Other Responsibilities .......69 F. Final Report – Utilization of Disadvantaged Business Enterprises (DBE)................71

B. Subcontractor List .............................................................................................................72

C-1. Bidder – DBE – Information..............................................................................................74

C-2. DBE Information – Good Faith Efforts.............................................................................76

D-1. Bidder – Bid – Price Summary Sheet ................................................................................79

D-2. Bidder – Bid Worksheet ...................................................................................................81

E-1. Map of Preferred FSP Beat Locations ............................................................................109

E-2. Table of Preferred FSP Beat Descriptions ......................................................................110

F. FSP Standard Operating Procedures (SOP)....................................................................113

ATTACHMENTS TO THE FSP STANDARD OPERATING PROCEDURES (SOP): SOP-1. Sample FSP Daily Inspection Report Form (CHP 234-D) SOP-2. Sample FSP Vehicle Check Form (FSP 422) SOP-3. FSP Operator Quick Guide: Highway HelperTM FSP Mobile System SOP-4. Sample FSP Assisted Motorist Survey Form


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Invitation For Bids FREEWAY SERVICE PATROL

Regional Tow Truck Services for

Regional FSP Operations on Interstate Routes 5, 8, 15, and 805; and

State Routes 52, 54, 56, 78, 94, 125, 163, and 905

I. INTRODUCTION

The San Diego Association of Governments (SANDAG) is seeking bids from qualified firms to provide Class A Tow and Flatbed Trucks as a component of its Regional Freeway Service Patrol (FSP) on regional FSP patrol routes (“beats”).

Attachments to this Invitation for Bids (IFB) contain a description and map of the preferred FSP beats that bidders should use to base their bid(s) on. SANDAG intends to award a contract to the responsive bidder submitting the lowest responsible bid for each beat.

Bidders may submit in one of two ways: (1) a complete bid covering all of the requested regional FSP tow and flatbed services; or (2) individual beat bids covering all of the requested FSP tow and flatbed services as described in Attachments to the IFB. Regardless of which method bidders follow, and in order to be considered for this project, all bids must include a firm, fixed price per beat according to the preferred beat alignments included in the Attachments to the IFB.

This IFB describes the project, the required scope of services, the contractor selection process, and the minimum information that must be included in the bid.

Failure to submit information in accordance with the IFB requirements and procedures may be cause for disqualification.

II. BACKGROUND

SANDAG is the regional agency as well as the technical and informational resource for the area’s 18 incorporated cities and the county government, who collectively are the “Association of Governments.” Through this Association, local governments work together to solve current problems and plan for the future. SANDAG builds consensus, makes strategic plans, obtains and allocates resources, and provides information on a broad range of topics pertinent to the San Diego region’s quality of life. SANDAG is governed by a board of directors composed of mayors, council members, and a county supervisor from each of the region’s 19 local governments. Current members include all the incorporated cities in the region – Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas,


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Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, and Vista – and the County of San Diego.

Supplementing the voting members are advisory representatives from Imperial County, the California Department of Transportation (Caltrans), the Metropolitan Transit Development Board, the North San Diego County Transit Development Board, the U.S. Department of Defense, the San Diego Unified Port District, the San Diego County Water Authority, and Baja California.

SANDAG’s monthly board meetings provide the public forum and decision point for significant regional issues such as growth, transportation, environmental management, housing, open space, air quality, energy, fiscal management, economic development, and criminal justice. SANDAG’s Directors adopt plans, allocate transportation funds, establish policies, and develop programs for these regional issues which are used by local governments as well as other public and private organizations. Citizens, special interest groups, and other agencies are involved in the planning and approval process by participating in SANDAG’s working groups and task forces as well as attending workshops and public hearings.

III. PROJECT DESCRIPTION

A. Project Background

The FSP program is an ongoing effort funded by Caltrans and administered by SANDAG. The California Department of the Highway Patrol (CHP) provides daily field supervision, dispatch and oversees day-to-day contractor operations. The purpose of the FSP Program is to help alleviate traffic congestion associated with non-recurring freeway incidents. This is accomplished by providing for the rapid removal of disabled vehicles, assisting with traffic accidents, and removing debris from the roadway, as needed. The FSP continuously patrols selected freeway segments, as specified by SANDAG; currently, during morning and afternoon commute periods, Monday through Friday.

All FSP services are provided free of charge to motorists. The operators involved in the program are not allowed to accept gratuities, perform secondary towing, and/or recommend secondary tow or repair/body shop businesses.

In December 1992, SANDAG approved funding for implementation of the San Diego Regional FSP Program in accordance with Assembly Bill 3346, known as the Freeway Service Patrol Act. Further expansions of the FSP Program were authorized in 1993, 1994, 1998 and 1999.

The current FSP Program consists of 26 tow trucks and seven supplemental roving service (pickup) trucks patrolling seven FSP beats which cover approximately 204 miles of the region’s most congested urban freeway segments. This IFB is for tow and flatbed truck services to replace the existing fleet of tow trucks which will continue to be augmented by the roving pickup trucks in service to an expanded and revised FSP coverage that includes approximately 235 miles of regional routes.

Caltrans is given responsibility to improve and maintain the state highways under authority of Division 1, Chapter 1, Article 3, Section 91 of the Streets and Highways Code. Caltrans is also responsible for traffic management, including the removal of impediments from the highways. Caltrans authorized development of the FSP program to satisfy its responsibilities under S&H Code. Division 2, Chapter 2, Article 3.3 of the California Vehicle Code describes the FSP Program, including operator requirements and responsibilities. In addition, Vehicle


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Code Section 2401 requires the CHP "to make adequate provision" for patrolling the highways. SANDAG, Caltrans, and the CHP have entered into a Memorandum of Understanding (MOU) to jointly administer the FSP Program on selected freeway segments in San Diego County.

B. Project Overview

SANDAG is seeking bids from qualified towing service providers to provide equipment and to operate a coordinated fleet of Class A tow trucks and flatbed trucks on regional FSP beats covering primary freeway routes, and periodic FSP Construction Mitigation Service. (hereinafter referred to as “PROJECT”).

Please refer to the IFB Attachments for specific beat characteristics and service areas of the regular regional FSP beats. The bidder(s) that is/are awarded an agreement as a result of this IFB will become eligible to bid on periodic FSP Construction Mitigation Services , SANDAG may request pricing from these contractors for upcoming FSP Construction Mitigation Service project(s) on an as needed basis over the Period of Performance of the Agreement.

FSP tow truck, flatbed truck, and roving pickup truck operators (interchangeably discussed as, “beat partners”) provide flat tire changes, battery "jump starts," a gallon of fuel, radiator water, and make temporary repairs to cooling system hoses. Currently, more than 75 percent of all FSP assists fall into one of these categories. If a vehicle requiring assistance by an FSP beat partner cannot be mobilized within ten minutes, said vehicle will normally be towed to a CHP pre-designated drop location. The roving pickup trucks are not equipped to tow vehicles; however, they do maintain continuous, active radio communications with the other (tow truck and flatbed truck) beat partners, with CHP dispatch, and with the acting CHP Road Supervisor(s) [hereinafter called “FSP Coordinator(s)”]. Whenever an FSP pickup truck operator is unable to render fully an assist, said operator will request an FSP beat partner tow assist. In such cases, the tow truck or flatbed truck operator that responds shall complete the assist via the procedures described in the FSP Standard Operating Procedures (SOP) (refer to IFB Attachments). Additionally, FSP beat partners can assist motorists in contacting private tow or other services via the CHP Border Division Communications Center (COMM Center), upon request.

Contract Representatives

SANDAG will administer the Agreement(s) resulting from this procurement. SANDAG and the CHP will jointly oversee the PROJECT, while Caltrans, SANDAG, and the CHP are jointly responsible for the overall effectiveness of the FSP Program. All three agencies will monitor FSP contractor performance and ensure that the FSP beat partners/contractors, including the selected bidder(s) of this IFB, abide by the terms of the individual FSP service agreements

Standard Operating Procedures (SOP) for the FSP are established by the CHP statewide. The FSP SOP specifies daily procedures and requirements to be followed by FSP contractors and drivers. The SOP may be modified at any time during the contract period. The current SOP is provided as an Attachment to this IFB.

All FSP services are provided at no cost to the motorist. FSP beat partners must not accept gratuities or make any recommendation regarding secondary tow companies and/or places of repair. FSP operators are strictly prohibited from towing a disabled vehicle (or arranging said tow) as an independent contractor from an FSP incident.


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All FSP trucks proposed for inclusion in the contract(s) that will result from this IFB shall be exclusively dedicated to the FSP Program during the specified normal hours of FSP operation, currently: Monday through Friday, 5:30 to 9:30 a.m., and 3:00 to 7:00 p.m., unless directed otherwise. These hours, when operated, shall be known as FSP Vehicle Service Hours (VSH). Any truck maintenance activities shall be conducted outside of the normal FSP VSH, which include mid-day (10:00 a.m. to 2:30 p.m.), evening (after 7:30 p.m.), or weekend hours. Travel time to and from the FSP beat is at the contractor's expense.

C. Task Orders

The bidder(s) who is/are awarded a contract(s) for this PROJECT will be authorized to perform work pursuant to one or more task orders issued in accordance with the terms, conditions, requirements, and specifications of the contract(s) as detailed in this IFB and attached documents. Each contract awarded will be for a period of up to five (5) years and will consist of five annual task orders, beginning July 1, 2005. Task orders may also be issued for periodic Construction Mitigation FSP Service.

D. Fee Estimate Range

The estimated range of the cost for completion of this PROJECT, base period services, is estimated to be between $2,000,000 and $2,275,000 per year, excluding Construction Mitigation FSP Task Orders. The fee per VSH for any additional FSP services for those services exercised through the optional Construction Mitigation FSP Task Orders will be adjusted from the base period fee per VSH amount, by beat, for the beat that is nearest to the Construction Mitigation FSP project site, according to the average annual (closest period to anniversary date of the Agreement resulting from IFB 5000396) difference in the San Diego Consumer Price Index for Urban Wage Earners (CPI-U), Transportation series data.1

E. Payment

The selected contractor(s) will be paid by the following method: Contractor(s) shall invoice SANDAG monthly, subject to verification by CHP, for the services performed in compliance with the contractual requirements during the prior month. Said invoice billings shall be based upon the contractual VSH rate multiplied by the total number of VSH worked, per FSP beat, minus any penalty deductions associated with the beat as assessed by CHP per the terms of the FSP SOP attached to this IFB.

IV. SCOPE OF REQUIRED SERVICES

This IFB is being advertised by SANDAG to select the FSP contractor(s) to operate regional tow and flatbed truck patrol services for regional FSP operations on segments of Interstate Routes 5, 8, 15, and 805; and State Routes 52, 54, 56, 78, 94, 125, 163, and 905 (Refer to IFB Attachments for exact beat descriptions).

FSP Service Locations/Beats

1 The CPI adjustment shall be derived from the latest available data published by the U.S. Department of Labor,

Bureau of Labor Statistics (BLS) – usually May for the preceding 12-month period – and for the specified population coverage (CPI-U), area (San Diego), and series (Transportation).


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The FSP Class A tow trucks and flatbed trucks will operate on selected freeway segments referred to as beats. Each beat will have specific boundaries and designated drop locations selected by the CHP. The IFB Attachments illustrate and describe the preferred beat alignments [including approximate turnaround points and road post mile (R.P.M.) boundaries]; the number of requested tow trucks and flatbed trucks by beat (including spare vehicle requirements); and the normal FSP hours of operation for each beat (including excluded dates of service such as state holidays or weekends).

The successful bidder(s) responding to this IFB will be awarded no more than a single contract for services regardless of the number of individual beats said contractor(s) submit(s) successful bid(s) for. The scope of the individual contract(s) will be as large or small as the number of beats SANDAG recommends that said Contractor(s) be awarded. Contractor(s) will be issued individual Task Orders authorizing work to be performed on each beat. At any time during the term of any contract that is awarded as a result of this IFB, SANDAG reserves the right to adjust beat specifications to better accommodate demands for FSP tow and flatbed truck services. These changes can occur during the course of the contract through written notification. Additionally, SANDAG reserves the right to add or delete holidays to the work schedule. When necessary, the CHP and/or Caltrans may temporarily reassign FSP trucks to patrol locations outside the contracted beats during normal FSP hours. This may include the FSP Construction Mitigation Services. Any such changes instituted shall be at SANDAG’s sole discretion and the additional work shall be provided by Contractor(s) in accordance with the fee and payment guidelines provided in this IFB and/or the resulting agreement(s).

V. SPECIAL CONSIDERATIONS

A. Project Schedule

The bidder(s) who is/are selected through this IFB process should be prepared to begin providing FSP tow truck and flatbed truck services on July 1, 2005, and must be willing and capable of providing said FSP services until the completion of the full PROJECT through June 30, 2010.

SANDAG will select the responsive and responsible bidder(s) submitting the lowest cost per beat, to operate the specified mix of tow and flatbed trucks on said beats as described in this IFB and its Attachments. To ensure schedule adherence during implementation of the Regional FSP Tow Truck Services Project, the bidder(s) that is/are selected for contract award under this PROJECT IFB should work diligently to acquire the required equipment, have it inspected, hire and train drivers, and be operational within forty-five (45) calendar days from the time that individual notice(s) of intent to award a contract and enter negotiations is/are served to said bidder(s). Bids should include a mobilization schedule that addresses this concern and clearly states the bidder(s) intended timeline to achieve these milestones.

Contract Term

The bidder(s) who is/are awarded the contract(s) for this PROJECT will be authorized to perform work pursuant to annual task orders issued in accordance with the terms, conditions, requirements and specifications of the Standard Agreement for Services attached to this IFB as modified, following selection of the Contractor(s).


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B. Project Specific Requirements

Contractor Qualifications

• Contractor(s) must have a business license and at least three years of experience operating a tow truck service.

• Contractor(s) must comply with all federal, state, and local laws and regulations governing the operation of a towing service - specifically, Sections 2430 through 2440 of the California Vehicle Code (CVC) which describe the FSP Program, including contractor requirements. Some of those requirements include, but are not limited to the following:

• Contractor(s) shall maintain an FSP driver file, including copies of FSP tow truck operator and training certificates (2430.5(c) and 2436.7(c) CVC).

• Contractor(s) shall maintain an employee roster for FSP operations. The roster shall include the names and CHP assigned FSP driver I.D.’s for all FSP drivers which have a valid tow truck operator’s certificate, as well as the names of all those employees which would be prohibited from participating in FSP operations (2430.5(c) CVC).

• Contractor(s) shall maintain a personnel roster listing all current FSP drivers and their dates of hire (2430.5(c) CVC).

Contractor Participation

• Contractor(s) shall participate in the regional Freeway Service Patrol (FSP) management team Transportation Advisory Committee (TAC), which meets bi-monthly, usually on the second Friday, and is comprised of representatives from SANDAG, the CHP, Caltrans, private enterprise (i.e., FSP Contractors), agency incident management consultants, and other local agencies, e.g., the local Service Authority for Freeway Emergencies (SAFE). Participation in the FSP TAC is mandatory and Contractor(s) will not be paid for attendance at these meetings.

Vehicle Requirements

• FSP Contractor(s) will utilize either Class A tow trucks or a combination of Class A tow trucks and flatbed trucks. Contractor(s) shall procure and outfit the requested type and quantity of vehicle equipment described in Attachment E-2 for beat-specific PROJECT requirements.

• The number of flatbed trucks in a single Contractor’s FSP fleet shall not exceed 50 percent of the total number of required trucks, including spare vehicles (refer to separate section below, ‘Spare Vehicle Requirements’), for all beats awarded to said Contractor. Also, at least one-half of all trucks patrolling a single beat shall be Class A tow trucks.

• All trucks proposed for use in the FSP Program shall be less than one year old with a maximum of 20,000 miles on the chassis and working parts of the truck at the onset of the contract. CHP, in conjunction with Caltrans or SANDAG, will verify the original purchase dates to ensure compliance. Other equipment on the truck does not have to be new but shall be in excellent condition and is subject to the approval of the CHP, Caltrans, and/or SANDAG.

• These trucks shall be dedicated exclusively to the FSP Program during normal hours of FSP operation, currently: Monday through Friday, 5:30 to 9:30 a.m., and 3:00 to 7 p.m.

• Tow trucks and flatbed trucks shall also meet the following criteria to determine the safe towing limits for a truck:


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• The total weight of the truck, including the lifted load, must fall within the manufacturer’s Gross Vehicle Weight Rating (GVWR) and not exceed either the front or rear axle weight ratings.

• The truck must meet all applicable standards.

• For proper steering and braking, the front axle must carry at least 50 percent of the normal or unladen weight after the load is lifted.

Additional Class A Tow Truck Requirements

• Tow trucks shall meet or exceed a minimum GVWR of 14,000 pounds, dual wheel chassis.

• Tow trucks shall have a four (4) ton recovery equipment rating.

• Tow trucks shall be equipped with wheel lift towing equipment with a minimum lift rating of 3,000 pounds, both extended and retracted. Wheel lifts must be equipped and used as intended by the manufacturer.

• Tow trucks shall be equipped with a boom with a minimum static rating of 8,000 pounds.

• Tow trucks shall be equipped with a tow sling with a minimum rating of 3,000 pounds.

• Tow trucks shall be equipped with safety chain D-ring or eyelet mounted on rear of truck.

• Tow trucks shall be equipped with tow chains 3/8” alloy or OEM specifications, J.T. hook assembly.

• Tow trucks shall be equipped with a portable tow dolly, for removing otherwise untowable vehicles, one (1) set.

• Refurbished tow truck beds may be used in order to reduce costs.

• Due to continual upgrades in tow truck equipment technology, a tow truck bed (not more than three years old) shall only be refurbished one time for the FSP program.

• The refurbished bed must be certified by a qualified tow truck builder. The accompanying certificate shall state that the tow truck bed’s boom, wheel lift, moving parts, hoses, mounting bolts, wiring, safety chains, winch cable, sling straps, paint and control labels have either been replaced or are in good working order prior to using the bed for the new contract period.

Additional Flatbed Truck Requirements

• Flatbed trucks shall meet or exceed a minimum GVWR of 21,000 pounds.

• Flatbed trucks shall have rear axle minimum rating of 15,000 pounds.

• Flatbed truck beds shall be made of either steel or aluminum.

• The minimum length of the flatbed truck beds shall be 21 feet.

• Flatbed trucks shall be equipped with a winch cable – 50 feet, 3/8” diameter (6 x 9) cable or OEM specifications, with a working limit of 3,500 pounds.

• Flatbed trucks shall be equipped with a remote control to activate the winch. This control may be via a plug in lanyard line. The control must permit an operator to control the winch while steering the vehicle being loaded.

• For flatbed trucks, bed and winch controls shall be on both sides of the vehicle.


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• Flatbed trucks shall be equipped with a minimum of eight (8) tie down locations, one near each corner of the bed and two more distributed along each side of the bed between the corner locations. The tie down locations must be capable of mounting a snatch block.

• Flatbed trucks shall be equipped with wheel lift towing equipment with a minimum lift rating of 2,500 pounds.

• Flatbed trucks shall be equipped with a set of four (4) axle straps.

• Flatbed trucks shall be equipped with a set of four (4) tie down chains.

• Flatbed trucks shall be equipped with motorcycle transporting capabilities (i.e., tie down straps).

• Flatbed trucks shall be equipped with one (1) 20-foot chain with hooks on both ends (recovery type chain).

• Flatbed trucks shall be equipped with one (1) four-ton snatch block with hook.

Required Tools, Equipment and Supplies:

• All Class A tow trucks and flatbed trucks shall also be equipped with the following equipment and supplies: (an “X” in the Tow and/or Flatbed box besides an item in the Tables below indicates the item is required for that vehicle type).

Item Equipment/Supplies Requirements Quantity Tow Flatbed

1 Mounted spotlight capable of directing a beam to both front and rear of vehicle.

1 X X

2 Equipped with a winch rated at a minimum of 8,000 pounds on the first layer of cable

1 X X

3 Trailer hitch and balls (1 7/8 inch and 2 inch). 1 X X

4 Twin rubber face vertical push bumpers (similar to CHP patrol vehicles). Minimum vertical push bar length - 22 inches.

1 X X

5 Tail lights, brake lights, portable remote with extension cord 1 X X

6 Safety chains, (with positive locking device) 5/16-inch alloy or OEM specification

2 X X

7 Diesel fuel. (optional) 5 gallons X X 8 Unleaded gasoline. 5 gallons X X 9 Water for radiator. 5 gallons X X 10 Trash can with lid. 5 gallons X X 11 Fire extinguisher aggregate rating of at least 4-B, C units. 1 X X 12 Pry bar - 36 inches or longer. 1 X X 13 4” x 6” x 12” wood blocks. 2 X X 14 4” x 4” x 48” wooden cross beam. 1 X X 15 4” x 4” x 60” wooden cross beam. 1 X X 16 24" wide course bristle broom. 1 X X 17 Square point shovel. 1 X X 18 Fuses (highway flares) Duration - 15 minutes. 36 X X 19 Cones (28 inches in height). 6 X X 20 Hydraulic jack, 2-ton, floor. 1 X X 21 Hydraulic trolley jack, 2-ton, lifting range 5 1/2 to 15 1/4 inch. 1 X X 22 Four way lug wrench (standard). 1 X X


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23 Four way lug wrench (metric). 1 X X 24 Flashlight and spare batteries. 1 X X

25 Rechargeable air bottle, hoses, fittings and valve stems, 100 PSI rated capacity; or a 12 volt onboard air compressor with 75 PSI capacity with a 50 foot air hose.

1 X X

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A 12-volt portable jump-starter (2,000 peak amps – minimum rating); or booster cables, 25 feet long, 3 gauge copper wire with heavy-duty clamps and one end adapted to power outlets (“hot boxes”), front and rear mounted, with outlets compatible to 12-volt booster cables.

1 X X

27 Funnel, multi-purpose, flexible spout. 1 X X 28 Five gallon can with lid, filled with absorbent material. 1 X X 29 First aid kit (small 5 x 9 inch). 1 X X 30 External speaker and public address system. 1 X X

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Lightbar system with amber warning lights with front and rear directional flashing capability, with on-off switch in cab. If equipped with a directional light bar, it should be capable of displaying at least four (4) different patterns including right, left, split (center to outwards), and warning/flash.

1 X X

32 Heavy duty, 60+ amp battery. 1 X X 33 Radio to communicate with the contractor’s base office. 1 X X 34 Programmable scanner for scanning Caltrans and CHP. 1 X X 35 Suitable cab lighting. 1 X X 36 Rear work lights. 1 X X 37 Air conditioning (standard). N/A X X

• All Class A tow trucks and flatbed trucks also shall be equipped, as a minimum, with a tool kit containing the following tools:

Item Tool Requirements Quantity Tow Flatbed 1 Screwdriver - Standard -1/8 inch size. 1 X X 2 Screwdriver - Standard -3/16 inch size. 1 X X 3 Screwdriver - Standard -1/4 inch size. 1 X X 4 Screwdriver - Standard -5/16inch size. 1 X X 5 Screwdriver - Philips-head - #1 size. 1 X X 6 Screwdriver - Philips-head - #2 size. 1 X X 7 Needle nose pliers. 1 X X 8 Adjustable rib joint pliers, 2 inch minimum capacity. 1 X X 9 Crescent wrench - 8 inch. 1 X X

10 Crescent wrench - 12 inch. 1 X X 11 4 lb. hammer. 1 X X 12 Rubber mallet/hubcap tool. 1 X X 13 Electrical tape. 1 roll X X 14 Duct tape. 1 roll X X 15 Mechanic’s wire. 1 roll X X 16 Bolt cutters. 1 set X X 17 Lock out toolset. 1 set X X 18 Tire pressure gauge 1 X X


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• Additional tools, equipment and supplies may be supplemented at the contractor’s option and expense. Any equipment not stored in a storage compartment shall be securely mounted to the truck.

Vehicle Maintenance Requirements

• Contractor(s) shall ensure that all FSP trucks, tools, equipment, and supplies (see above) meet or exceed all applicable federal, state, or local laws, manufacturer specifications, and/or other standards that govern the operation of said fleet operations.

• Contractor(s) shall, at their sole expense, be responsible for having all maintenance work, both mechanical and body, performed on all FSP trucks. Maintenance work includes, but is not limited to, all parts, labor, fluids, and lubricants required for vehicle upkeep as recommended per the original vehicle manufacturer’s specifications.

• Contractor(s) shall, at their sole expense, be responsible to ensure all required tools, equipment, and supplies are maintained per the original manufacturer’s specifications.

• Contractor(s) shall keep accurate records of all preventive and corrective maintenance activities performed on any truck that is used in the FSP Program. Contractor(s) shall produce copies of said maintenance records and summary reports for CHP or SANDAG upon request.

Vehicle Inspection Requirements

• Prior to the commencement of PROJECT, the CHP will inspect each truck that Contractor(s) designate for use in the FSP Program to ensure that said vehicle meets the specifications and safety requirements as outlined in this IFB and in the CVC. This requirement applies to spare vehicles as well as the primary trucks assigned to regular FSP operations. Vehicle inspections will occur no less than 10 working days prior to the start of PROJECT, or in this case no later than June 17, 2005. Contractor(s) shall be required to provide the SANDAG Project Manager with written documentation of said inspections.

• CHP inspections of Contractor(s) FSP trucks shall be performed both prior to the commencement of initial service, and annually thereafter. A CHP 234-B Inspection Guide shall be used to document these inspections per CHP HPM 81.2, Vehicle Procedures Manual.

• Contractor(s) is/are not prohibited from using FSP trucks during non-FSP hours. However, Contractor(s) shall complete a form CHP 234-D – FSP Daily Inspection Report – prior to the start of each shift to account for apportioned usage of the trucks for FSP. A copy of each Daily Inspection Report shall be kept on file in the Contractor’s office and the original sent to the CHP FSP Coordinator. Any item missing must be replaced prior to the start of the shift.

• Contractor(s) is/are subject to cursory inspections of FSP trucks that will be performed by CHP officers in the field during an FSP shift. Cursory inspections will be documented by the CHP officer using a CHP 234-E ‘FSP Cursory Inspection Report.

• Locations of cursory truck inspections will be designated by the CHP. Any unsafe, poorly maintained, or improperly equipped truck shall be removed from FSP service until repaired as directed. Contractor(s) will not be paid for ‘out of service’ time.

• Since cursory inspections are performed in the field during the shift, the air bottle pressure requirement is reduced from 100 pounds per square inch (PSI) to 80 PSI. This reduction in air pressure takes into consideration the possibility that, prior to the inspection, a motorist assist occurred requiring air.


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• Additional inspections may be made periodically by the CHP throughout the term of the contract. Any unsafe, poorly maintained, or improperly equipped FSP truck will be placed ‘out of service’ by the CHP until said truck meets all the specifications and requirements specified herein. Contractor (s) will not be paid for out of service time.

Requirements for Vehicle Color, Lettering, and Markings:

• FSP trucks shall be painted white. If striping is desired, it shall be limited to one stripe of up to two colors and the total width shall be no greater than four inches.

• Prior to the commencement of PROJECT services, Contractor(s) will receive from SANDAG an appropriate number of detachable magnetic signs (two per FSP truck) for the purpose of displaying the official FSP program logo (hereinafter described as “FSP markings”). The FSP markings can be affixed and removed from the trucks an unlimited number of times.

• It is the Contractor‘s responsibility to ensure the FSP markings are kept clean and in usable condition. Contractor(s) will be charged for any signs/markings that are lost or damaged. Contractor(s) shall return the signs/markings to SANDAG upon termination of the contract.

• Contractor(s) shall reserve an area measuring at least 20 inches wide by 14 inches high on both the left-front and right-front doors of the FSP trucks for placement of the FSP markings.

• Contractor(s) shall be responsible to place the detachable FSP markings on each ‘in-service’ truck during all FSP hours of operation, and to remove the detachable markings immediately upon completion of each FSP shift.

• FSP trucks shall display the Contractor’s vehicle/fleet identification number (“fleet I.D.”) on both sides where it is clearly visible. No other logos, signs, emblems, writing, etc. shall be placed on the trucks without prior written authorization from SANDAG.

• FSP trucks shall display the Contractor’s company name, business address, and telephone number on each side as required by the CVC. For sub-contractors, FSP trucks shall display only one company name, address, and telephone number.

• All lettering on FSP trucks shall be in blocked bold form and parallel to the ground. Acceptable colors for lettering are black or navy blue in color. Multi-colored or metallic lettering is prohibited, including shadowing in other than authorized colors. Letter size shall be no smaller than two (2) inches by two (2) inches and no larger than four (4) inches by four (4) inches, with the preferred letter size of 2-1/2 inches high by 2-1/2 inches wide. Letters shall be placed on the lower body of the truck’s side panel toward the cab.

• FSP trucks shall be kept clean in good condition with all required information clearly visible.

Communications Equipment Requirements:

• The CHP Public Safety Dispatcher will dispatch all FSP trucks in service. Dispatch services are performed from the CHP COMM Center/Regional Transportation Management Center (TMC) located at 7183 Opportunity Road in San Diego.

• Each FSP truck shall be equipped with a mobile radio capable of communicating with the CHP COMM Center and with other FSP beat partners (i.e., the tow, flatbed, and pickup truck operators on the beat). A single mobile radio communicating on the Regional Communications System (RCS) 800 MHz bandwidth will be assigned to Contractor(s) for each FSP truck, including the required spare vehicles.

• All RCS mobile radios will be purchased and owned by SANDAG and operated by the Contractor(s). Mobile radios will require fixed-mount installation in the FSP trucks, and


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Contractor(s) shall arrange for the installation and testing of the mobile radios in each truck that is assigned. Radios shall be installed and commissioned fully operational prior to the start of PROJECT services. The associated radio installation charges shall be billed to SANDAG.

• Each FSP truck (or driver) shall be equipped with a cell phone/wireless radio that enables the FSP driver to communicate with the Contractor's base office. These radios shall be supplied and maintained by Contractor(s) and the cost for installation and repairs shall be paid for by Contractor(s).

• Each FSP truck shall be equipped with a programmable scanner capable of scanning frequencies used by Caltrans and CHP. The scanner shall be provided, installed, maintained, repaired and replaced (as necessary) at the sole expense of Contractor(s).

• Each FSP truck shall be equipped with an external speaker and public address system. The public address system shall have the capability of delivering clearly audible instructions from the cab and for the driver of the disabled vehicle to hear instructions transmitted from the FSP driver when the FSP truck is behind or near a disabled vehicle.

• Each FSP truck shall be equipped with an automatic vehicle location (AVL) tracking unit (hereinafter referred to as “intelligent vehicle logic unit” or “IVLU”) capable of transmitting in real-time via wireless communications technology the vehicle’s relative location i.e., global position (GPS coordinates). A single IVLU with supporting power and communications cables will be assigned to Contractor(s) for each FSP truck, including the required spare vehicles.

• Each FSP truck shall be equipped with a portable laptop computer (hereinafter referred to as “mobile data terminal” or “MDT”) that is affixed to a lockable mobile docking platform located inside the truck cabin. A single MDT with supporting power and communications cables will be assigned to Contractor(s) for each FSP truck, including the required spare vehicles. The MDT is capable of receiving, compiling, and transmitting motorist assist data that is input into the MDT’s proprietary Highway HelperTM FSP Mobile System software application by the FSP truck driver. Contractor(s) shall ensure their drivers fulfill the reporting requirements described in the FSP SOP (refer to IFB Attachment F, Section XXIX, part E).

• All IVLU and MDT units will be purchased and owned by SANDAG and operated by the Contractor(s). IVLU and MDT units will require fixed-mount installation in the FSP trucks. Contractor(s) shall cooperate with SANDAG’s preferred vendor/installer during installation, testing, and periodic maintenance of these units. IVLU and MDT units shall be installed and commissioned fully operational prior to the start of PROJECT services. IVLU and MDT installation and upkeep charges will be paid by SANDAG.

• It is the Contractor‘s responsibility to notify SANDAG’s Project Manager (or his/her designee) within 48 hours in the event of an apparent radio, IVLU, or MDT equipment failure. Contractor(s) shall ensure such contact is made following Contractor(s) initial attempt at some basic troubleshooting measures (to be provided to the contractor by SANDAG).

Spare Vehicle Requirements:

• Contractor(s) shall furnish spare tow or flatbed trucks at the ratio of one spare truck for every five regular trucks (1:5). This includes all tow trucks and/or flatbed trucks in the Contractor’s fleet for all beats awarded to said Contractor (but does not include roving pickup trucks awarded under separate procurement). To calculate the required number of spare trucks, bidders should refer to Attachment E-2 and should sum the percentage factors for spare trucks for all beats the the Bidder submits pricing for in said Bidder’s cost bid. (Note: the terms “back-up” and “spare” may be used interchangeably herein).


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• Spare vehicles are subject to the same requirements for regular trucks as described in Article V, Section B, sub-section on “Vehicle Requirements” of this IFB. This includes the provision that the number of flatbed trucks in the Contractor’s fleet shall not exceed 50 percent of the total number of required trucks, including back-up trucks for all beats awarded to said Contractor.

• FSP back-up trucks shall meet all Vehicle, Tools, Equipment and Supplies Requirements as specified for regular FSP trucks.

• FSP back-up trucks shall conform to the Requirements for Vehicle Color, Lettering, and Markings as specified for regular FSP trucks.

• FSP back-up trucks shall meet all Communications Equipment Requirements as specified for regular FSP trucks.

• FSP back-up trucks shall be subject to the same Requirements, rigor and frequency for Vehicle Maintenance and Inspections as specified for regular FSP trucks.

• FSP back-up trucks shall be available for FSP operations and used whenever a regular FSP truck is unavailable for service. The back-up truck must be placed ‘in service’ on the beat within 45 minutes after a regular FSP truck is taken ‘out of service.’

• Contractor(s) shall not be paid for the 45-minute period while waiting for a back-up truck to be placed into FSP service. In addition, if a back-up truck is not ‘in service’ within 45 minutes, said Contractor(s) shall be penalized double the hourly contract rate in one hour increments until the regular FSP truck is replaced into service.

Requirements for Managing FSP Assets:

• Contractor(s) shall maintain a comprehensive Vehicle and Equipment Inventory (“Inventory”) at all times during the contract term, and shall furnish copies of said Inventory annually or upon request from SANDAG. The template for the Inventory will be provided by SANDAG, and its purpose shall be to serve as a repository of information for the documentation of Contractor-owned equipment and Contractor-held SANDAG-owned assets that support FSP. Contractor(s) shall ensure all requested fields are filled in as completely and accurately as possible and maintained current at all times, e.g., whenever the Contractor experiences a change in its fleet or to any of the included equipment, the Contractor shall make the necessary changes and provide an updated revised copy to SANDAG (Note: each successive version shall be distinguishable by a unique revision number).

• Contractor(s) shall be responsible for maintaining the security and condition of the vehicles, tools, equipment and supplies, FSP markings, and communications equipment associated with the Contractor’s fleet of FSP trucks.

• Contractor(s) shall be liable for the full replacement value or for repair costs incurred as a result of any damage, other than normal wear and tear that is sustained to the Contractor-held SANDAG-owned Assets. This shall include any equipment that is installed inside, outside, or otherwise associated with the FSP trucks and owned by SANDAG should that equipment be damaged beyond repair, stolen, or destroyed. In such cases, SANDAG shall deduct any outstanding repair or replacement costs from Contractor(s) payment for the month in which SANDAG must replace or repair the damaged or lost equipment.

• Upon termination or at the conclusion of a contract, the Contractor shall return all Contractor-held SANDAG-owned Assets that have been assigned to said Contractor for use during said contract. This shall include, but is not limited to, the following items: FSP markings, RCS radios, IVLU and MDT units, supporting power and communications


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equipment, Highway HelperTM software instruction manuals, etc. The cost of any CHP-owned, Caltrans-owned, or SANDAG-owned equipment that is not returned within 30 days of contract termination shall be deducted from the Contractor's final payment.

FSP Driver Requirements:

• All FSP drivers shall be 18 years or older, shall have a safe driving record, and shall have a current California driver's license (minimum Class C).

• All FSP drivers, prior to working for the FSP Program, shall be subjected to both driving and criminal history checks. Currently, the cost of the two background checks is $50.00 per driver. Said costs are the sole responsibility of the Contractor. Contractor(s) shall pay for these costs prior to the beginning of each driver’s initial FSP training class.

• All FSP drivers will be required to present either a birth certificate or social security card, or other forms of verification of legal residence, as stated in Title 13, Section 15.00 of the California Code of Regulations (CCR), to satisfy the requirements of the Federal Welfare Law (FWL). For FSP drivers whose driver’s license was issued by DMV prior to 1994, the FSP Coordinator shall systematically verify and document that those FSP drivers are in compliance with FWL.

• FSP drivers shall be experienced in tow truck operations and more generally in providing motorist aid services. This requirement includes proficiency with all tow truck and flatbed truck equipment (described in the previous sections). Unless otherwise cleared by the CHP, all FSP drivers must demonstrate their truck and equipment operating capabilities prior to working their first FSP shift. Additionally, FSP drivers are required to exercise good, sound judgment in carrying out their assigned duties. When necessary, the CHP, Caltrans, and SANDAG reserve the right to remove any driver from FSP operations.

• FSP drivers shall complete an inspection of his/her assigned truck prior to the start of each FSP shift. This inspection shall include the completion of CHP form 234-D, FSP Daily Inspection Report (See Attachment SOP-1 of the Standard Operating Procedures that are included as Attachment F to this IFB). Any missing or defective items shall be replaced prior to the start of the FSP shift.

• FSP drivers shall continuously patrol their assigned beat, and shall notify the CHP COMM Center when off the beat. This includes replenishing expendable items such as gasoline, removing a disabled vehicle to a drop location, etc. The FSP driver shall complete the appropriate report for each incident or motorist assisted according to the reporting procedures described in the FSP SOP (IFB Attachment F, Section XXIX).

• The CHP, Caltrans, and SANDAG maintain strict drug and alcohol policies. Any FSP driver found working under the influence of alcohol and/or drugs will be dismissed immediately. When necessary, the CHP may also file criminal charges against that driver.

• All FSP beats require standby drivers. Contractor(s) is/are responsible for ensuring that there are enough standby drivers available to cover the contracted beat(s). When necessary, and with the approval of the CHP, the standby driver provision may be waived until the next available FSP training class.

• Contractor(s) shall ensure that all FSP drivers complete a mandatory two-day FSP initiation training, to be completed upon hiring or appointment to the FSP program and before the driver works his/her first FSP shift. The initiation training will be conducted by the FSP Coordinator and offered on an ‘as-needed’ basis.


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• No FSP driver shall begin working an FSP beat without prior successful completion of the FSP initiation training. Any FSP driver who is found on patrol without prior successful completion of the initiation training shall be prohibited from further FSP service. Additionally, failure to ensure compliance with this requirement will subject the Contractor's agreement with SANDAG to immediate termination by SANDAG.

• Per CVC statute, eight (8) hours of FSP refresher training is required annually for all FSP drivers, including standby drivers, drivers with seniority or those in positions of added responsibility (e.g., lead drivers, driver supervisor, operations manager, etc…). The annual refresher training will normally be achieved through attendance of four, two–hour training seminars that the FSP Coordinator offers each year on a quarterly basis. The quarterly refresher training will be held during non-FSP hours. Alternatively, drivers who miss one or more of the refresher trainings can request a make-up class or make arrangements with the FSP Coordinator to attend the next initiation training.

• There is no enrollment fee to Contractor(s) for sending their drivers to the mandatory initiation or quarterly refresher trainings; however, the Contractor(s) is/are required to compensate each of their staff for the hours he/she spends in FSP training. Contractor(s) is/are not eligible for reimbursement of these costs from SANDAG, Caltrans, or the CHP.

Driver Uniform Requirements:

• It is the Contractor‘s responsibility to ensure, or to provide at their sole expense, the required FSP uniform (which consists of jumpsuits, traffic vests, rain gear, boots, etc., as specified in the following articles of this section) to all drivers working the FSP program.

• During FSP hours, FSP drivers shall wear the FSP uniform at all times. If an FSP driver is out of uniform, or is wearing an incomplete uniform, that driver shall be removed from FSP service immediately. Contractor shall have 45 minutes in which to provide an FSP-certified standby driver, or to correct the uniform problem.

• No FSP driver shall wear the FSP uniform at any time other than during normal FSP hours; this is especially important for drivers performing non-FSP motorist assistance services outside of normal FSP hours. The FSP uniform, or that which identifies the FSP driver as an FSP employee, shall be removed as promptly as possible following completion of the FSP shift.

• FSP drivers may wear either navy blue jumpsuits or navy blue shirt and pants. Only T-shirts that are white or navy blue in color may be worn underneath the uniform shirt/coverall.

• Jumpsuits shall be either H.D. Lee Company Style Number 018-3041 or Commercial Uniform Company Style Number 201, or equivalent. All main seams shall be at least double stitched with good quality thread. Jumpsuits shall have a two-way zip front with a heavy-duty brass zipper. Jumpsuits should be short-sleeved. Sleeves shall be half raglan type or set-in sleeve with a pleat-action back. Short sleeve length shall come to within one inch of the inside forearm when the wearer's arm is bent at a 90 degree angle. Jumpsuits shall have a shape holding sanforized waistband with elastic inserts for a trim fit. Legs shall be moderately tapered to avoid a baggy appearance. Jumpsuits may have either one or two chest pockets. Single pocket jumpsuits shall have the chest pocket on the left side. In addition, reflective white stripes shall be sewn around both sleeve cuffs and both leg cuffs.

• Shirt/pants combinations shall meet the basic requirements listed above for the jumpsuits.

• All FSP drivers shall wear black general duty work boots with protective steel toes. The boots shall be kept clean and polished with a professional appearance.


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• During cold weather, a navy blue sweater or sweatshirt may be worn under the uniform shirt/coverall. A navy blue jacket may also be worn over the jumpsuit or shirt, provided it meets the uniform specifications, with regards to reflective striping on sleeve cuffs.

• Rain gear shall be waterproof material, yellow in color. Reflective white stripes shall be applied to both sleeve cuffs, both leg cuffs, and across the upper back. The FSP logo (patch) and nametags are not required on the rain gear.

• FSP drivers while working FSP beats may wear navy blue baseball hats which dawn the FSP logo. The hats are provided by SANDAG, and no other hats are authorized. The hats shall be returned at the termination of the contract.

• Contractor(s) shall supply orange or lime green reflectorized traffic vests to be worn by FSP drivers at all times during FSP operations. Vests shall have reflective striping on both the front and back sides. The FSP driver’s name shall be clearly visible and either sewn on or attached to the upper right-hand portion of the vest. Additionally, Contractor(s) shall ensure vests have the FSP logo (patch) applied to the front and back sides, as follows: the small FSP patch shall be sewn on the upper left-hand portion of the vest; and the large FSP patch shall be sewn on the upper back centered below the shoulders.

• All FSP drivers will be assigned an FSP identification number (“I.D.”) and issued an I.D. card and card holder/sleeve by the CHP. The FSP I.D. card/sleeve shall be displayed where visible in the upper right hand region of the reflectorized vest during all FSP operating hours. Additionally, a valid California Driver’s License and DL 64 (Tow Truck Driver Clearance Certificate) shall remain in the FSP driver’s possession at all times during FSP operations.

• If awarded “Driver of the Month” or other similar honors, the pin or emblem may be worn on the right chest pocket area of the safety vest.

• FSP uniforms shall be kept clean and neat; and FSP drivers shall maintain a professional appearance at all times.

Local Office Requirement:

• Contractor(s) shall provide, at their sole expense, a local office that is located within close proximity to the FSP service area, i.e., within the metropolitan San Diego area.

• Contractor(s) shall ensure the local office is equipped with telephone, facsimile, high-speed Internet, and email service, for contract administration purposes

• Contractor(s) shall ensure the local office is staffed by either Owner/Principle or by other person who has the authority to conduct business and make decisions on behalf of the Contractor.

• Contractor(s) shall keep local office business hours that coincide with the normal hours of FSP operation. During non-business (i.e., non-FSP) hours, Contractor shall ensure an answering machine or voice-answering service is available to log calls, take complaints, etc.

• All of the Contractor’s overhead expenses for operation of the local office and administration of its business shall be provided at the sole expense of the Contractor(s).

VI. BID REQUIREMENTS

A. General

Bidders shall submit bid documents in accordance with the following provisions:


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1. The bid documents (“bid”) should be concise, well organized and demonstrate the bidder’s qualifications and experience applicable to the project. The bid must include the following two parts: written bid and cost bid, to be considered responsive.

2. The written bid shall be limited to fifty (50) one-sided pages (8.5 inches x 11 inches), inclusive of resumes, graphics, forms, pictures, photographs, dividers, front and back covers, cover letter, subcontractor letters of commitment, etc. It must include a discussion of the bidder’s approach to the project, a breakdown and explanation of project tasks, a proposed project schedule and documentation of the firm and contractor’s qualifications for the scope of work. Type size and margins for text pages should be in keeping with accepted standard formats for desktop publishing and processing and should result in no more than five hundred (500) words per page.

3. The cost bid, utilizing the Cost Bid forms included herein as Attachments, must be submitted along with the written bid. The cost bid must be submitted separately in a sealed envelope.

B. Contents

1. Written Bid

Written bids submitted in response to this IFB shall include, in the following order:

a. Executive Summary

Include a 1-2 page overview of the entire bid describing the most important elements of the bid. This should not, however, make reference to any of the price information contained in the bidder’s sealed cost bid.

b. Identification of the Bidder and Establishment of Bidder’s Fiscal Responsibility

Please provide the following information:

i. Legal name and address of bidder’s company.

ii. Number of years bidder’s company has been in business.

iii. Legal form of company (partnership, corporation, joint venture, etc.). If joint venture, identify the members of the joint venture and provide all information required within this section for each member. If a corporation, certify that the corporation is in good standing with the Secretary of State.

iv. If company is wholly-owned subsidiary of a “parent company,” provide the legal name and form of the parent company.

v. Address(es) of office(s) that will work on this project.

vi. If DBE certified, identify certifying agency, as well as gender and ethnicity.

vii. Name, title, address, e-mail address, and telephone number of the person to contact concerning the bid.

viii. State whether the bidder has filed bankruptcy in the last ten (10) years and provide any other relevant information concerning whether the bidder is financially capable of completing this project.


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ix. Provide all license numbers for licenses relevant to or required for this project, the names of the holders of those licenses, and the names of the agencies issuing those licenses.

c. Experience and Technical Competence

Describe the bidder’s experience in performing Freeway Service Patrol (FSP) or similar towing or roadside motorist assistance services, including any experience performing those duties as a sub-contractor or partner/member of another company or project team. List at least three (3) successfully completed projects of a similar scope. Note: if experience listed is specifically for operation of an FSP, this experience shall include at least one (1) successfully completed project/beat where the bidder operated tow trucks or flatbed trucks. For each completed project, provide the name and current contact information of the company/agency and project manager the bidder performed work for, a description of the type of work performed, and dollar value of the contracts. Projects currently being performed may be submitted for consideration.

d. Proposed Method to Accomplish the Work

Describe the bidder’s technical and management approach to the project, including a discussion of the special considerations in Section V, and how the bidder will plan for and accommodate each into the project effort. Provide a proposed project schedule including Contractor’s mobilization for the project. The schedule should clearly identify the bidder’s intended schedule to achieve the various milestones described within this IFB and its Attachments. Also, bidder’s should discuss how and what lines of communication will be implemented to maintain the project schedule.

e. Knowledge and Understanding of Local Environment and Relevant Laws

Describe the bidder’s familiarity and experience working in the local environment and proposed local presence for interfacing with SANDAG’s Project Manager, the CHP COMM Center, and the FSP Coordinator(s). The environment includes, but is not limited to: cities, county, and other local agencies’ regulations and policies. Describe bidder’s familiarity and experience with and knowledge of relevant state and federal laws.

f. Project Organization and Key Personnel

i. Describe the proposed project organization, including identification and responsibilities of key personnel. This should include, at minimum, identification of a Project Manager, Operations Manager, and Lead Driver and/or Driver Supervisor. Indicate the specific roles and responsibilities of these key personnel, along with an explanation of the roles and responsibilities of any subcontractors, including DBE subcontractors for non-operations support tasks. Indicate the extent of the commitment of key personnel for the duration of the project, along with an indication of the overall staffing level for the project. SANDAG’s evaluation of the written bid will consider the bidder’s entire team, including sub-contractors. No changes in the team’s composition will be allowed without prior written approval of SANDAG. A letter of commitment from each Subcontractor is required.


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ii. Describe in detail the experience of the bidder’s project team on projects of similar size, scope, and capacity (i.e., dollar value). Furnish resumes of all key personnel. For each similar project, include the client’s name and telephone number. Reference interviews will be conducted.

g. SANDAG’s Disadvantaged Business Enterprise (DBE) Program and Discrimination Policy

i. The DBE goal for this project is two percent (2%). A bidder that will be a prime contractor is required to submit the DBE Bidder’s Information and Good Faith Effort forms with its bid. These forms are included as Attachments C-1 and C-2 to this IFB. The bidder must identify all DBEs, vendors, and suppliers it agreed would provide a commercially useful function on a contract in order to receive credit toward the established DBE goal. If a firm cannot meet the established project goal, a documented good faith effort must be furnished to SANDAG. All steps of the good faith effort must be made before SANDAG can award a contract.

ii. Describe the bidder’s overall plan to make contracting opportunities available to all interested and qualified firms. This includes a strategy to identify the available subcontracting resources and a willingness to make subcontracting opportunities available to such firms. If applicable, indicate how local firms are being utilized to ensure a strong understanding of State and local laws, ordinances, regulations, policies, requirements, and permitting.

iii. Submit Subcontractor List Attachment, which should identify all subcontractors being proposed for this project, each subcontractor’s DBE status (if applicable), the scope of the work each is to provide, and the approximate percentage of the work (as a portion of the total amount proposed for award to the prime contractor). In accordance with current federal regulations, DBEs and joint ventures involving DBEs must be certified for eligibility by Caltrans, by other qualified Department of Transportation recipients or by other certifying public agencies. Documen-tation verifying DBE status must be submitted with the bid for all firms (prime contractor or subcontractor) claiming such status. The following local certifying agencies can be contacted to assist with the DBE certification process:

City of San Diego – Telephone: 619-533-4492

San Diego County Regional Airport Authority – Telephone: 619-400-2569

h. Previous Contracts with SANDAG

The bidder shall submit a list which indicates all prime contracts and/or amendments awarded to the bidder by SANDAG during the last five (5) years. This list shall include a short description of each project, the project’s scope of work, date of award, date of completion, and total contract value (stated as the larger of the original award amount or the actual amount that was paid to the contractor as a result of the agreement).

i. Exceptions to this Invitation for Bids

The bidder shall submit with their bid a written document certifying that it takes no exception(s) to this IFB, including but not limited to SANDAG’s Agreement for Services (Attachment A). If the bidder does take exception(s) to any portion of the IFB or contract, the specific portion of the IFB or contract to which exception(s) is/are taken


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must be identified and explained. Failure to make an exception shall be deemed a waiver. Exceptions may be considered during the bid evaluation and scoring process.

j. Addenda to this Invitation for Bids

The bidder shall confirm in its bid the receipt of all addenda issued to this IFB. The bidder is not required to include copies of the actual addenda in its bid.

k. Certifications

As part of the bid package, bidders must submit the following signed certifications that are included in the Attachments to the IFB: i. Certifications on Lobbying

ii. Certifications Regarding Debarment, Suspension and Other Responsibility Matters

2. Cost Bid

Cost bids shall consist of two sections: the Price Summary Sheet, and the Price Worksheet. The required information for each of these sections is described in detail below:

a. Price Summary Sheet

A bidder that will be a prime contractor is required to submit the bidder’s completed Price Summary Sheet. This form is included as an Attachment this IFB. A completed Price Summary Sheet will include:

i. the bidder’s business name, mailing address, telephone and facsimile numbers, email, business license and class, and the company representative who is authorized to represent and bind the offeror;

ii. the firm-fixed rate that SANDAG would be charged per vehicle service hour (VSH), per beat, for the services outlined in this IFB, were an Agreement awarded to said offeror. Prices must be quoted for the base period of July 1, 2005, through June 30, 2010. The VSH rate quoted shall be representative of the bidder’s estimated direct and indirect costs and profit to complete all of the tasks associated with the particular beat, and shall constitute the officer’s firm, fixed price to perform the services as described;

iii. the year, manufacturer, model, current mileage, and vehicle identification number (VIN) of the tow trucks and flatbed trucks, including back-up trucks, that are proposed for use in this PROJECT. If the bidder does not yet own the trucks, but has plans to acquire them, a written statement as to how these vehicles will be acquired and the timeline for acquisition shall be provided in lieu of the requested vehicle information.

b. Cost Bid Worksheet

Bidders are also required to submit a completed bidder’s Cost Bid Worksheet (Attachment D-2), which shall identify all costs the bidder expects to incur during


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the base period in the provision of labor, materials, tools, equipment, fuel, insurance, overhead and incidentals for performance of the PROJECT tasks described in this IFB including:

i. an estimate of the number of staff hours, and hourly compensation rates (including fringe benefits) for each professional and non-professional class of worker who will be committed to the PROJECT;

ii. an estimate of the upfront capital cost, including financing, for acquisition of the FSP tow trucks and flatbed trucks that will be acquired for the PROJECT;

iii. an estimate of the upfront capital costs to furnish the specified Tools, Equipment and Supplies, Colors, Lettering, and Markings, and Communications Equipment described in this IFB;

iv. an estimate of the bidder’s total and annual expenditures to procure and maintain the specified limits of general liability, automobile liability, and worker’s compensation insurance coverage described in this IFB;

v. an estimate of the bidder’s upfront and ongoing monthly lease or mortgage expense and utilities costs to establish and maintain the Local Office in accordance with this IFB;

vi. an estimate of all other direct costs, e.g., uniforms, training, certifications, fuel, fluids, lubricants, tires, parts, reprographics, incidentals, etc.;

vii. an estimate of any costs for subcontractor services (e.g., preventive and corrective maintenance costs to local service department or task force pre-approved firm or garage, vehicle washing service, etc.), if applicable.

c. Additional Considerations

i. The bidder’s total cost estimate (where ‘total cost’ equals ‘price per VSH’ multiplied by ‘total VSH’) should not exceed the applicable amounts specified in this IFB.

VII. SUBMITTAL REQUIREMENTS

A. Six (6) copies – one (1) original with wet signatures and five (5) duplicates – of the written bid shall be submitted. Bids submitted by facsimile or e-mail are not acceptable and will not be considered.

B. One (1) original copy of the cost bid, including completed versions of Attachments D-1 and D-2 to the IFB, shall be submitted in a separate sealed and labeled envelope. Bidders should not include any information regarding the cost bid in the envelope containing the written technical bid.

C. The written bid and cost bid and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the bidder.

D. The bid must be addressed to and received no later than 4 p.m., local time, on Friday, April 29, 2005, at the office of:


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Attn: Mike Megert, Contract Administrator San Diego Association of Governments 401 B Street, Suite 800 San Diego, California 92101-4231

Postmarks will not be accepted in lieu of this requirement.

E. Written bids are to be submitted in sealed packages with the following information clearly marked on the outside of each package:

1. Name of bidder

2. Project title

3. IFB Number

Cost bids are to be submitted in sealed packages with the following information clearly marked on the outside of each package:

1. Name of bidder

2. Project title

3. IFB Number

4. The title “Cost Bid” shall be clearly written on the outside of the sealed envelope.

F. Failure to comply with the requirements of the IFB may result in disqualification. SANDAG is not responsible for finding, correcting, or seeking clarification regarding ambiguities or errors in bids. If a bid is found to contain ambiguities or errors, it may receive a lower score during the evaluation process (Pass/Fail) to determine responsiveness. SANDAG reserves the right to disqualify a bid with mathematical or clerical errors, inconsistencies or missing information which prevent SANDAG from fully evaluating the bid. SANDAG may, but is not required to, seek clarification from a bidder regarding information in a bid. Errors and ambiguities in bids will be interpreted in favor of SANDAG.

G. Bids and/or modifications received subsequent to the hour and date specified above will not be considered.

VIII. PRE-SUBMITTAL ACTIVITIES

A. Questions Concerning Invitation for Bids

All questions relating to the IFB must be received in writing via mail, facsimile, e-mail, or hand delivery no later than 4 p.m., on Monday, April 18, 2005, addressed to:

Attn: Derek Toups, Project Manager San Diego Association of Governments 401 B Street, Suite 800 San Diego, California 92101-4231 Facsimile: (619) 699-4867 e-mail: [email protected]

mailto:[email protected]


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A Web page will be developed, maintained, and devoted to this IFB. It can be accessed from www.sandag.org/rfps.

Responses to all questions received concerning this IFB will be posted on the Web page devoted to this project (shown above) on an on-going basis. All responses and all timely questions received concerning this IFB will be posted at least three (3) days prior to the bid due date or can be obtained by contacting the project manager. It is the responsibility of bidders to check the Web page for questions and responses related to this IFB.

B. Revision to the Invitation for Bids

SANDAG reserves the right to revise the IFB prior to the date that bids are due. Revisions to the IFB shall be posted on the Web page devoted to this IFB. It is the responsibility of the bidder to check the Web site for any revisions related to this IFB.

IX. CONTRACTOR EVALUATION AND SELECTION PROCESS

A. Based upon the written bids, SANDAG will determine which firms have submitted responsive and responsible bids for this PROJECT. SANDAG will make this determination based on whether bidders are responsible and meet the requirements of this IFB.

B. SANDAG will then recommend for each beat the bidder(s) with the lowest responsible and responsive bid to SANDAG’s Executive Director for contract award, and will request authority to enter into agreements with the selected firm(s). Only one agreement would be entered into with each successful bidder, regardless of the number of beats proposed for award to that firm. The Executive Director has final authority for selection. The bidder(s) selected for Agreements will be sent a Notice of Intent to Award. Such Notice of Intent to Award shall be considered tentative, pending the final award determination and approval by SANDAG. Bidders who are not selected for Agreements will be sent a Notice of Intent to Award an Agreement to Another Bidder.

C. Upon receipt of the Executive Director’s authorization to award Agreements, SANDAG will verify: confirmation of receipt of Contractor(s) insurance certificates and all other required certifications, forms, or licenses; determine whether to use a variable fuel formula to adjust the agreed upon fixed price per VSH according to fluctuating fuel prices.

D. Final authority to approve the agreement(s) rests with the Executive Director, or with SANDAG’s Board of Directors, if specifically required.

X. EVALUATION CRITERIA

Bids will be publicly opened and the Total Bid Prices read on Friday, April 29, 2005, beginning at 2:00 p.m., in SANDAG Conference Room 8A. Following bid opening the apparent low bidder for each beat will be evaluated for bid responsiveness and bidder responsibility. The lowest responsible bidder submitting a responsive bid will be selected for each beat from among those bidders receiving a grade of “Pass (P)” following evaluation of the written bids. Following completion of the bid evaluation SANDAG will assign a grade of either “Pass (P)” or “Fail (F)” to each bidder’s written bid for the categories of responsible and responsiveness. Only those bidders who receive a grade of “Pass (P)” on both the responsible test and the responsiveness test

http://www.sandag.org/rfps


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of the written bid evaluation will be designated as “Responsible and Responsive” and will be considered for contract award.

Written bids will be evaluated for responsiveness and bidders for responsibility based on the following criteria:

A. Is the bidder responsible? [Pass/Fail]

Responsible bidders will have implemented and managed similar projects and their bid will demonstrate an ability to meet the Project Specific Requirements, and to effectively manage personnel, vehicle fleet and equipment, materials and supplies, and quality of service delivery. Bidders should demonstrate experience in the operation of Class A tow trucks and flatbed trucks, and, at minimum, satisfy the following criteria:

• a management team/organization possessing no less than ten (10) years of combined prior work experience in the provision of towing industry services or related applications;

• no less than three (3) successfully completed projects of a similar scope and size to the current PROJECT

• a clear understanding of the requirements for managing a fleet of tow and flatbed trucks, which bidders should exhibit through their Proposed Method to Accomplish the Work

• a clear understanding of the requirements for managing a team of qualified tow truck drivers, which bidders should exhibit through their proposed Project Organization and Key Personnel, including an indication of the overall staffing level proposed for the project

• documented experience of at least one (1) instance where the bidder worked closely with a public agency or related organization, specifically in the provision of roadside motorist assistance services and/or operation of a Freeway Service Patrol

• the written bid should follow a logical, concise, and organized sequence

B. Is the bid responsive? [Pass/Fail]

Responsive bids will address completely the substantive as well as procedural requirements of this IFB, which includes the following:

• the written bid should expresses clearly the bidder’s understanding of the overall project and agreement to meet all standard contract requirements;

• the written bid should incorporate current contact information of references for those projects included in the written bid to substantiate prior qualifications or experience;

• the written bid and cost bid and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the bidder;

• the complete bid including written bid and sealed cost bid, must be received by SANDAG no later than the date and time specified in this IFB (refer to Article VII, Section D);

• the written bid should not contain ambiguities, inconsistencies, mathematical errors, clerical errors, or omissions -- it is the bidder’s sole responsibility to find, correct, and make clear any such ambiguities, inconsistencies, errors or omissions;


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C. Reference Interviews

Reference interviews will be conducted for all bidders who receive a grade of “Pass (P)” in both categories following initial review of the written bids.

XI. SCHEDULE FOR NOMINATION, SELECTION, AND AWARD

SANDAG anticipates the process for nominating and selecting the contractor(s), and awarding the contract(s), will be according to the following tentative schedule:

A. Advertise and Issue IFB .......................................................................................... 04/06/2005

B. Bidders Last Day to Submit Questions Regarding IFB ......................................... 04/18/2005

C. Bid Due Date .......................................................................................................... 04/29/2005

D. Opening of Sealed Cost Bids .................................................................................. 04/29/2005

E. Contractor Selection(s) and Notification(s) of Intent to Award ......................... May 2005

F. Execution of Contract(s) .......................................................................................... June 2005

G. Notice(s) to Proceed ............................................................................................... 07/01/2005

XII. SPECIAL CONDITIONS

A. Reservations

This IFB does not commit SANDAG to award an Agreement, to defray any costs incurred in the preparation of a bid pursuant to this IFB, or to procure or contract for work. SANDAG may reject bids without providing the reason(s) underlying the declination. A failure to award an Agreement to the lowest bidder will not result in a cause of action against SANDAG.

B. Public Records

All written bids and opened cost bids (for those written bids deemed Responsible and Responsive) submitted in response to this IFB become the property of SANDAG and public records and, as such, may be subject to public review.

C. Right to Cancel

SANDAG reserves the right to cancel or revise, for any or no reason, in part or in its entirety, this IFB. If SANDAG cancels the IFB prior to the deadline for bids or revises the IFB, notification will be placed on SANDAG’s Web site.

D. Additional Information

SANDAG reserves the right to request additional information and/or clarification from any or all bidders to this IFB, but is under no obligation to do so.


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E. Conflict of Interest

SANDAG has established a policy concerning potential conflict of interest in program management, design, and construction. This policy applies to all bidders and their proposed contractors/subcontractors. See Standard Agreement for Services (Attachment A) for additional information and required certifications by contractors and their subcontractors.

F. Public Information

Contractors who wish to release information to the public regarding contractor selection, contract award or data provided by SANDAG must receive prior written approval from SANDAG before disclosing such information to the public.

G. Contract for Services

The selected Contractor(s) will be required to sign a customized version of the attached “Standard Agreement for Services” and to provide the insurance certificates and all other required documentation within fifteen (15) calendar days of issuance of the Notice of Intent to Award. All terms, conditions, requirements and specifications detailed in this IFB and the included exhibits and attachments are hereby incorporated as binding contractual obligations upon the selected Contractor(s) of award.

H. Insurance Requirements

SANDAG requires contractors doing business with it to obtain insurance, as shown in the Standard Agreement for Services. The required insurance certificates must comply with all requirements of the standards as shown in the contract and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the project.

XIII. PROTESTS

SANDAG will consider all protests or objections regarding the contracting process or the award of a contract submitted by 4:00 p.m. on the deadlines discussed below. SANDAG will only review protests submitted by an actual or prospective bidder or someone else whose direct economic interest would be affected by the award of a contract or by failure to award a contract. A protest by any adversely affected person must be made in writing and must be mailed or hand delivered to SANDAG. A protest which does not strictly comply with SANDAG’s protest procedures will be rejected.

Protests relating to the content of the IFB package must be filed within ten (10) business days after the date the IFB is made available to the public by SANDAG. Protests relating to the intent to make an award solicited by an IFB must be filed within ten (10) business days after the Notice of Intent to Enter Into an Agreement With Another Bidder is issued to the bidders. The date of filing shall be the date of receipt of protests by SANDAG. Untimely protests will be rejected. If deemed necessary, SANDAG shall notify all bidders of record that a protest has been filed and that the award has been postponed until further notice if necessary. If necessary, bidders will be


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asked to extend the time for acceptance of their bid in order to avoid the need for re-advertisement of the solicitation.

A. Protest Contents

A letter of protest must set forth detailed grounds for the protest and be fully supported with technical data, documentary evidence, names of witnesses, and other pertinent information related to the subject being protested. The protest must also state the law, rule, regulation, or practice on which the protest is based. The protestor must demonstrate or establish a clear violation of a specific law or regulation, e.g., a violation of the Buy America requirements.

If the protestor considers that the protest contains proprietary material which should be withheld, a statement advising of this fact must be affixed to the front page of the protest document, and alleged proprietary information shall be so identified wherever it appears.

Protests shall be addressed to:

Office of General Counsel San Diego Association of Governments 401 B Street, Suite 800 San Diego, California 92101-4231

B. Reply to Protest

A SANDAG Protest Committee appointed by the Executive Director will review all protests in a timely manner and reply to the protest, in writing, within ten (10) business days. All material submitted by the protestor will be considered. Such material will not be withheld from any interested party outside of SANDAG or any agency which may be involved with the contract except to the extent that the withholding of information is permitted or required by law or regulation.

C. Request for Protest Reconsideration

Upon receipt of an adverse decision by SANDAG, the protestor may file a request for protest reconsideration. A request for protest reconsideration must be directed to the Executive Director in writing and received within ten (10) full business days from the postmark date of the reply from SANDAG. The Executive Director will respond to the request for protest reconsideration within ten (10) full business days. The decision of the Executive Director will be in writing and final. No further protests will be heard by SANDAG.

Thank you for your interest in contracting opportunities with SANDAG.

Contractor Name: _____________________ Project Name: FSP REGIONAL TOWING SERVICES

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ATTACHMENT A AGREEMENT [AGREEMENT NUMBER]FOR PROFESSIONAL SERVICES BETWEEN

THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND

[CLICK TO INSERT CONSULTANT NAME]

THIS AGREEMENT [AGREEMENT NUMBER] is made this [Day] day of [Month], [Year], by and between the San Diego Association of Governments (hereinafter referred to as “SANDAG”), 401 B Street, Suite 800, San Diego, California, and "[Contractor Name and Address]" (hereinafter referred to as “Contractor”).

RECITALS

The following recitals are a substantive part of this Agreement:

A. SANDAG is in need of professional Class A tow truck and flatbed truck roadside motorist assistance services for the following project: [Project Name] (hereinafter referred to as a component of its regional Freeway Service Patrol (FSP) operations on Interstate Routes 5, 8, 15, and 805; and State Routes 52, 54, 56, 78, 94, 125, 163, and 905. This Agreement for services covers one or more of the above routes (“beats”) as described in the “Project”)Scope of Work (Exhibit A) attached hereto.

B. Contractor represents that it is duly licensed and qualified to provide such services and has the personnel and other resources necessary to accomplish the work within the required time.

C. The purpose of this Agreement is to establish the terms and conditions for SANDAG to retain Contractor to provide the services described herein.

NOW, THEREFORE, it is agreed as follows:

I. SERVICES

A. Contractor shall provide SANDAG the services as described in SANDAG’s Invitation for Bids (IFB) (including Attachments) dated April 6, 2005, in the Work Plan contained in Contractor’s bid to said IFB, and in the Scope of Work (Exhibit A) attached hereto and hereby incorporated by reference to the extent they do not conflict with this Agreement. Contractor shall commence providing services upon receipt of Task Order 1 from SANDAG. Task Order 1 will be issued following full execution of this Agreement. Task Order 1 shall cover services to be provided by Contractor between July 1, 2005, and June 30, 2006. Each year thereafter, for a maximum of four (4) additional years, SANDAG may issue subsequent Task Orders to Contractor on an annual basis, each of which will cover the fiscal year between July 1 and June 30 of the following year. Contractor is not authorized to perform services for SANDAG beyond the termination date set forth in each Task Order..


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B. SANDAG may also issue one or more Task Orders for construction mitigation FSP services at its sole option. The rate to be paid to Contractor for such optional work shall be based on the rates bid by Contractor for routes already awarded.

II. AUTHORIZATION

Specific authorization to proceed (Notice to Proceed) shall be given by SANDAG via one or more Task Orders. Each Task Order shall describe the work to be performed by Contractor, the dates of performance and maximum amount that SANDAG will pay for the services described therein. Contractor shall commence work for the applicable time period immediately upon receipt of a Task Order. The Task Order under which the parties are currently operating at any given time during the term of this Agreement shall be known as the “current Task Order.” Contractor is only authorized to perform services during the period of performance designated in the current Task Order. Contractor is advised that any recommendation for contract award or notice of intent to contract is not binding on SANDAG until the Agreement is fully executed by all authorized parties..

III. PAYMENT

A. SANDAG shall pay for services in accordance with the Payment and Activity Schedule attached hereto as Exhibit B.

B. For work performed pursuant to Task Order 1, SANDAG shall pay a maximum of "[$ Maximum Cost]" . If SANDAG issues Task Orders over the full five year time period contemplated by this Agreement, SANDAG estimates the maximum amount to be paid to Contractor will be "[$ Maximum Cost]" . Notwithstanding the foregoing, under no circumstances should Contractor presume that additional Task Orders beyond the current Task Order will be issued or that it will receive more than the maximum cost agreed to by the parties for the current Task Order. SANDAG reserves the right to increase or decrease the amount of estimated funds allocated to each Task Order.

C. The maximum cost set forth in each Task Order shall include all applicable costs such as salaries and wages, overhead, materials and supplies, subcontract costs, fixed fees or profit. Contractor is expressly put on notice that no employee of SANDAG has authority to authorize, in writing or otherwise, an increase in the maximum cost of the current Task Order or this Agreement without SANDAG Executive Director approval.

D. Contractor shall submit monthly invoices for services satisfactorily rendered and for reasonable allowable expenses incurred. Re-imbursement to Contractor shall be based on Contractor’s actual number of vehicle service hours (VSH) in operation multiplied by the hourly rate per FSP vehicle (VSH Rate) for each beat, as described in Exhibit B. The invoices should clearly segregate hours, rates, and costs for each beat covered by the invoice.

E. Upon completion of all deliverables and tasks under the current Task Order to the satisfaction of SANDAG, Contractor shall submit a final invoice on or about June 30 of each year showing the cumulative costs incurred by Contractor, not to exceed the maximum cost of the current Task Order. Final payment on each Task Order shall be made within thirty (30) days of receipt of the final approved invoice from CHP. Notwithstanding the foregoing, all payments are subject to the conditions set forth elsewhere in this Agreement or which are otherwise required by law. Payments shall be subject to review for compliance by SANDAG with the requirements of this Agreement, and shall be subject to an audit upon completion of all


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services. No other compensation will be paid except for work done under an amended agreement approved pursuant to Article X, “Changes in Work.”

F. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all of the provisions of this Article.

IV. TIME OF PERFORMANCE AND NOTICE REGARDING LATE DELIVERY

Time is of the essence in this Agreement and each covenant and term is a condition herein. Contractor shall perform all services in a prompt and timely manner. Contractor shall provide primary tow trucks, and flatbed trucks, plus spare (“back-up”) tow trucks or flatbed trucks, according to the amounts specified in the Scope of Work (Exhibit A) attached hereto, which will provide services in accordance with the schedule provided by SANDAG. In the event Contractor encounters difficulty in meeting the requirements of this schedule or anticipates difficulty in complying with the schedule, the Contractor shall immediately notify the SANDAG Project Manager and shall provide pertinent details, including, the reason(s) for the delay in performance and the date by which Contractor expects to resume providing the services in strict compliance with this Agreement.. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a contract delivery schedule or service requirement, or any rights or remedies provided by law under this Agreement. Any additional time for performance or delivery must be approved in writing in a document signed by both parties.

V. STANDARD OF CARE

A. Contractor’s services shall be performed in accordance with all current laws, regulations and generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. All services shall be performed to SANDAG’s and CHP’s satisfaction.

VI. ASSIGNMENT AND SUBCONTRACTING

A. Contractor shall not assign, sublet or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement without the written consent of SANDAG, which may be withheld for any reason, provided however, that claims for money due to Contractor from SANDAG under this Agreement may be assigned to a bank, trust com-pany or other financial institution without such approval. Notice of such assignment or trans-fer shall be promptly furnished to SANDAG in writing.

B. Nothing contained herein shall prevent Contractor from employing independent professional associates, subcontractors and consultants as Contractor may deem appropriate to assist in the performance of services hereunder. The Contractor shall not enter into any agreement to perform subcontracted work in connection with this Agreement without first obtaining SANDAG’s written approval as to the scope of work and the subcontractor.

C. If Contractor subcontracts any of the work to be performed under this Agreement, Contractor shall be as fully responsible to SANDAG for the acts and omissions of Contractor’s subcontractor and of the persons employed by the subcontractor as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor of Contractor and SANDAG. Any subcontract in excess of $25,000, entered into as a result of this


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Agreement, shall contain all of the provisions stipulated in this Agreement to be applicable to the subcontractor. Contractor shall bind every subcontractor and every subcontractor of a subcontractor to the terms of this Agreement, unless specifically noted to the contrary in the subcontract in question, approved in writing by SANDAG.

VII. STATUS OF THE CONTRACTOR

A. Contractor shall perform the services provided for within this Agreement as an independent contractor, and not as an employee of SANDAG. Contractor shall be under the control of SANDAG as to the result to be accomplished and not the means, and shall consult with SANDAG and the CHP as provided for in the Scope of Work. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor is entitled. SANDAG shall not make any federal or state tax withholdings on behalf of Contractor. SANDAG shall not be required to pay any workers’ compensation insurance on behalf of Contractor. Contractor agrees to indemnify SANDAG for any tax, retirement con-tribution, social security, overtime payment, or workers’ compensation payment which SANDAG may be required to make on behalf of Contractor or any employee of Contractor for work done under this Agreement.

B. Except as SANDAG may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Contractor shall have no authority, express or implied, to bind SANDAG or its members, agents or employees, to any obligation whatsoever, unless expressly provided in this Agreement.

VIII. INTEGRATION

This Agreement represents the entire understanding of SANDAG and Contractor as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by SANDAG and Contractor.

IX. DELIVERABLES

The term “deliverables” includes, but is not limited to, all original FSP motorist assist data, FSP assisted motorist public survey card results, other reports and documents as requested by SANDAG and the CHP, including fleet and equipment asset inventories, detailed calculations, and other work products developed for the Project. Digital or electronic data is required as a deliverable under this Agreement. Contractor must ensure drivers are adequately trained in the operation of mobile data terminal (MDTs) for recording and transmitting daily FSP assist activities. SANDAG and/or the CHP will provide hands-on driver training and will issue resource manuals on the operation of the MDTs and the proprietary Highway HelperTM FSP Mobile System software application running on them. Contractor must submit electronic assist data (deliverables) according to the schedule and formats requested by SANDAG. Contractor shall also continue to submit additional paperwork on daily activity logs as required by the CHP. All documentation, whether electronic or paper copy, must be submitted in a timely manner in order for Contractor’s performance to be validated by the CHP and invoices processed for payment by SANDAG. Failure to submit deliverables according to the requested schedule and format are cause for termination of the Agreement.


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X. CHANGES IN WORK

If changes in the work seem merited by Contractor or SANDAG, and informal consultations with the other party indicate that a change is warranted, it shall be processed by SANDAG in the following manner: A letter outlining the changes shall be forwarded to SANDAG by Contractor, with a statement of estimated changes in fee or time schedule. If SANDAG determines the change is merited, is due to an unexpected circumstance, and was caused through no fault of the Contractor, an amendment to the Agreement may be prepared by SANDAG. SANDAG will not be required to pay for the changes in work unless the amendment is executed by both parties before performance of such services commences. Contractor is expressly put on notice that no employee of SANDAG has authority to authorize, in writing or otherwise, any additional work which would increase the cost of this Agreement [or the current Task Order] without SANDAG Executive Director approval. Such amended agreement shall not render ineffective or invalidate unaffected portions of this Agreement.

XI. PROGRESS REPORTING

It shall be the responsibility of Contractor to advise SANDAG, at the time Contractor submits its monthly invoice, of the progress of its work, expenditures incurred, any problems in the delivery of FSP services, and information regarding whether the Project is projected to comply with the payment schedule and Project budget limits. Contractor shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG, the CHP, and Caltrans, and if applicable, to the satisfaction of any government agency as directed by SANDAG. Furthermore, Contractor shall participate in the regional Freeway Service Patrol (FSP) management team Transportation Advisory Committee (TAC), which meets bi-monthly on the second Friday alternating months, and is comprised of representatives from SANDAG, the CHP, Caltrans, private enterprise ((i.e., FSP Contractors), agency incident management consultants, and other local agencies, e.g., the local Service Authority for Freeway Emergencies (SAFE). Participation in the FSP TAC is mandatory and Contractor will not be paid for attendance at these meetings.

XII. INSURANCE

A. Contractor shall procure and maintain during the period of performance of this Agreement, and for 12 months following completion, policies of insurance from insurance companies authorized to do business in the State of California. The policy and certificate(s) of insurance must provide for the following:

1. Commercial General liability: Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable “Waiver of Transfer Rights of Recovery Against Others Endorsement.” The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG.

2. Automobile liability: for personal and bodily injury, including death, and property damage in an amount not less than $2,000,000.

3. Garagekeepersl liability: An endorsement that extends Contractor’s liability insurance policy to provide coverage for any liability, regardless of Contractor’s legal liability as respects vehicles in the care, custody or control of the Contractor.


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4. Workers’ compensation and employer’s liability: comply with the laws of the State of California. The policy must include an acceptable “Waiver of Right to Recover From Others Endorsement” naming SANDAG as an additional insured. The policy must provide for a minimum of $1,000,000 in employer’s liability coverage.

B. Contractor shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The certificate(s) shall be attached to this Agreement as Exhibit C. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements:

1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of “A-” or better, and a financial size of “$10 million to $24 million (Class V) or better,” or

2. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California.

C. Certificates of insurance shall be filed with SANDAG. Contractor is responsible for ensuring that its carrier(s) send SANDAG updated certificates of insurance throughout the term of the Agreement. The general liability and property damage insurance, as well as automobile liability insurance, shall include as additional insureds: SANDAG, its Board of Directors, officers, employees and agents when acting in their capacity as such in conjunction with the performance or implementation of this Agreement. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Contractor’s insurance. Said policies must contain a provision which states: “Such insurance as is afforded by this policy shall be Primary and Non-contributory to the full limits stated in the declarations, and if SANDAG, its Board of Directors, officers, employees or agents have other valid and collectible insurance for a loss covered by this policy, that other insurance shall be excess only.” Each insurance policy shall contain a clause which provides that the policy may not be canceled without first giving thirty (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation.

XIII. INDEMNITY – HOLD HARMLESS

A. The Contractor expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the standards specified in Article V, Standard of Care. Where approval by SANDAG, the Executive Director or other representative of SANDAG is indicated, it is understood to be conceptual approval only and does not relieve the Contractor of responsibility for complying with all laws, codes, industry standards and liability for dam-ages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor or its subcontractors.

B. With regard to the Contractor’s performance in connection with or incidental to the Project, but excluding its performance of services and the indemnification and hold harmless aspects thereto as set forth below, the Contractor agrees to defend, indemnify, protect and hold SANDAG and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor’s or its subcontractors’ employees, agents or officers, which arise


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from or are connected with or are caused or claimed to be caused by the negligent, reckless or willful acts or omissions of the Contractor and its subcontractors and their agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Contractor’s duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its agents, officers or employees.

C. In the event of a claim of injury to a person or property related to the Project caused by Contractor, its subcontractor, employee, or agent, Contractor shall immediately give written notice to SANDAG’s project manager setting forth a description of the incident giving rise to the claim. At a minimum, such notice shall provide the date, time, and location of the incident, the parties involved, the type and amount of damaged claimed, and Contractor’s effort to resolve the claim.

XIV. AUDIT AND INSPECTION OF RECORDS

The Contractor shall maintain complete and accurate records with respect to actual time and allowable costs incurred under this Agreement. All such records shall be maintained on a generally-accepted accounting basis and shall be clearly identified. The Contractor shall provide reasonable access to the representatives of SANDAG, or its designees, including representatives of the applicable government agencies if this Agreement is funded in whole or in part with state or federal funds, to such books and records and any other books, documents, papers or records of the Contractor that are related to this Agreement. SANDAG, the State, the State Auditor, FHWA, FTA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations shall have the right to examine and audit such books and records and to make transcripts or copies from them as necessary. Contractor shall allow inspection of all work data, documents, proceedings, and activities related to this Agreement for a period of five (5) years from the date of final payment under this Agreement. This Article must be included in any subcontract entered into as a result of this Agreement.

XV. LAWS, VENUE AND DISPUTE RESOLUTION

A. This Agreement shall be interpreted in accordance with the laws of the State of California.

B. In the event Contractor has a dispute with SANDAG during the performance of this Agreement, Contractor shall continue to perform unless SANDAG informs Contractor in writing to cease performance. Contractor shall submit a statement of the grounds for the dispute including all pertinent dates, names of persons involved, and supporting documentation to SANDAG’s Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Contractor within 20 days. Upon receipt of an adverse decision by SANDAG, Contractor may submit a request for reconsideration to SANDAG’s Executive Director. The request for reconsideration must be received within ten days from the postmark date of SANDAG’s reply. The Executive Director will respond to the request for reconsideration within ten working days. The decision of the Executive Director will be final and in writing.

C. If Contractor is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Contractor shall make a written request to SANDAG for mediation. SANDAG shall respond to a request for mediation within ten business days. If SANDAG agrees


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mediation is appropriate, a mutually acceptable mediator shall be selected by the parties and the parties will proceed to mediation of the dispute.

D. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorneys’ fees, as determined by the court.

XVI. TERMINATION OR ABANDONMENT

A. Upon receipt of notice of termination, Contractor shall immediately cease all services unless the notice indicates otherwise, and notify SANDAG’s Project Manager of the status of Contractor’s performance.

1. Termination for Cause: Except as otherwise provided herein, if the Contractor fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor violates any of the covenants, conditions, or terms of this Agreement, SANDAG shall have the right to terminate this Agreement by giving at least five (5) days written notice to the Contractor of such termination. In that event, all finished or unfinished documents, deliverables, oral supporting materials and reports prepared by the Contractor for this Project,, whether completed or in process, shall be delivered by Contractor to SANDAG within 10 days and shall be SANDAG property. The Contractor shall not be relieved of liability to SANDAG for damages sustained by SANDAG by virtue of any breach of the Agreement by the Contractor, nor shall SANDAG be liable for any costs other than the fees or portions thereof specified herein. In the event of termination for cause Contractor shall be liable for all expenses associated with SANDAG having to replace Contractor, including but not limited to procurement expenses and increases in the contract amount for the Project. SANDAG may withhold any payments due to Contractor in order to cover such expenses.

2. Termination for Convenience: SANDAG may at any time terminate this Agreement for any reason by giving fifteen (15) days written notice of termination. Upon termination, the Contractor will be paid the reasonable value for services actually performed, based upon proration of the payment schedule set forth in this Agreement. All finished or unfinished documents, deliverables, oral supporting materials and reports prepared by the Contractor for this Project, whether completed or in process, shall be delivered by Contractor to SANDAG within 10 days of notice of termination and shall be SANDAG property. .SANDAG shall have no other liability to Contractor or its subcontractor(s) in the event of termination for convenience. Under no circumstances shall Contractor be paid an amount in excess of the maximum cost of the Agreement or current Task Order whichever is less, or for profit on unperformed portions of service. In the event of a dispute as to the reasonable value of the services rendered by Contractor, the decision of SANDAG’s Executive Director shall be final.

3. Termination Settlement Expenses: Termination settlement expenses shall be reimbursed in accordance with 48 CFR, Federal Regulations System, Chapter 1, Part 31. Notwithstanding the foregoing, subpart 31.205-42(c), concerning initial costs, shall not apply to architectural and engineering contract terminations.


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XVII. DISENTANGLEMENT

A. General Obligations: Upon termination of the Agreement, Contractor shall accomplish a complete transition of the services being terminated from Contractor and any subcontractors to SANDAG, or to any replacement provider designated by SANDAG, without any interruption of or adverse impact on the services or any other services provided by third parties (the “Disentanglement”). Contractor shall cooperate with SANDAG and any new service provider and otherwise promptly take all steps required to assist SANDAG in effecting a complete Disentanglement. Contractor shall provide all information regarding the services or as otherwise needed for Disentanglement, including data conversion, files, interface specifications, training staff assuming responsibility, and related professional services. Contractor shall provide for the prompt and orderly conclusion of all work, as SANDAG may direct, including completion or partial completion of projects, documentation of work in process, and other measures to assure an orderly transition to SANDAG or the SANDAG’s designee. All services related to Disentanglement shall be deemed a part of the base services and shall be performed by Contractor at no additional cost to SANDAG beyond what SANDAG would pay for the base services absent the performance of the Disentanglement services. Contractor’s obligation to provide the services shall not cease until Disentanglement is satisfactory to SANDAG, including the performance by Contractor of all asset-transfers and other obligations of Contractor provided in this Paragraph, has been completed.

B. Disentanglement Process: The Disentanglement process shall begin on any of the following dates: (i) the date SANDAG notifies Contractor that no funds or insufficient funds have been appropriated so that the Agreement shall be terminated for convenience; (ii) the date designated by SANDAG not earlier than sixty (60) days prior to the end of any initial or extended term that SANDAG has not elected to extend pursuant to the Agreement or Task Order; or (iii) the date any Termination Notice is delivered, if SANDAG or Contractor elects to terminate any or all of the services pursuant to this Agreement. Contractor and SANDAG shall discuss in good faith a plan for determining the nature and extent of Contractor’s Disentanglement obligations and for the transfer of services in process provided, however, that Contractor’s obligation under this Agreement to provide all services necessary for Disentanglement shall not be lessened in any respect. Contractor shall be required to perform its Disentanglement obligations on an expedited basis, as determined by SANDAG, if SANDAG terminates the Agreement for cause.

C. Specific Obligations: The Disentanglement shall include the performance of the following specific obligations:

1. Full Cooperation and Information: Upon Disentanglement, the parties shall cooperate fully with one another to facilitate a smooth transition of the services being terminated from Contractor to SANDAG or the SANDAG’s designated replacement provider. Such cooperation shall include the provision (both before and after the cessation of Contractor’s providing all or any part of the services under this Agreement) by Contractor to SANDAG of full, complete, detailed, and sufficient information (including all information then being utilized by Contractor) to enable SANDAG’s personnel (or that of third parties) to fully assume and continue without interruption the provision of the services.

2. No Interruption or Adverse Impact: Contractor shall cooperate with SANDAG and all of the SANDAG’s other service providers to ensure a smooth transition at the time of Disentanglement, with no interruption of services, no adverse impact on the provision


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of services or SANDAG’s activities, no interruption of any services provided by third parties, and no adverse impact on the provision of services provided by third parties.

3. Third-Party Authorizations: Without limiting the obligations of Contractor pursuant to any other clause herein, Contractor shall, subject to the terms of any third-party contracts, procure at no charge to SANDAG any third-party authorizations necessary to grant SANDAG the use and benefit of any third-party contracts between Contractor and third-party contractors used to provide the services, pending their assignment to SANDAG.

4. Transfer of Assets: Contractor shall convey to SANDAG, all SANDAG assets in Contractor’s possession and from among those assets then held by Contractor for the provision of services to SANDAG other than those assets expressly identified by the Parties from time to time as shared resources, such assets as SANDAG may select, at a price consisting of the net book value. Contractor shall promptly remove from SANDAG’s premises any Contractor assets that SANDAG, or its designee, chooses not to purchase.

5. Delivery of Documentation: Contractor shall deliver to SANDAG or its designee, at SANDAG’s request, all documentation and data related to SANDAG, including the SANDAG data, held by Contractor, and Contractor shall destroy all copies thereof not turned over to SANDAG, all at no charge to SANDAG. Notwithstanding the foregoing, Contractor may retain one (1) copy of the documentation and data, excluding SANDAG data, for archival purposes or warranty support.

6. Hiring of Employees: Contractor shall cooperate with and assist (and shall cause its subcontractors to cooperate with and assist) SANDAG (or the SANDAG’s designee) in offering employment, at the sole discretion of SANDAG, to any or all Contractor employees (and to any or all employees of Contractor’s Subcontractors) that are substantially involved in the provision of services whether such offers are made at the time of, after, or in anticipation of expiration or termination of the Agreement term. Contractor shall be solely responsible for, and shall pay, all severance and related payments, if any are payable pursuant to Contractor’s standard policies, to any such employees of Contractor hired by SANDAG or its designee, and shall cause the relevant Subcontractor of Contractor to pay severance and related payments, if any are payable pursuant to such Subcontractor’s standard policies, to any such employee of a Subcontractor hired by SANDAG or its designee.

D. Preparation for Disentanglement

1. Maintenance of Assets: Contractor shall maintain all hardware, software, systems, networks, technologies, and other assets utilized in providing services to SANDAG (including leased and licensed assets) in good condition and in such locations and configurations as to be readily identifiable and transferable to SANDAG or its designees in accordance with the provisions of this Agreement; additionally, Contractor shall insure such assets in accordance with this Agreement.

2. All Necessary Cooperation and Actions: Contractor shall provide all cooperation, take such additional actions, and perform such additional tasks, as may be necessary to ensure a timely Disentanglement in compliance with the provisions of this Article, including full performance, on or before the expiration date, of Contractor’s obligations under this Article.


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XVIII. CONFORMITY TO LEGAL REQUIREMENTS

E. Contractor shall comply with all Federal, State and local laws and ordinances applicable to this Agreement. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code section 1775 when applicable. Contractor shall cause all completed deliverables to conform to all applicable requirements of law: federal, state and local.

F. Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, consultants, and subcontractors that are included in this Agreement.

XIX. OWNERSHIP OF DELIVERABLES

A. All deliverables including, but not limited to, reports, documents, oral supporting materials, and as herein required are the property of SANDAG, whether the work for which they are made be executed or not. In the event this Agreement is terminated, all deliverables shall be delivered within ten (10) days from the date of termination to SANDAG.

B. Contractor [shall / shall not] have the right to make a copy of the deliverables for his/her/its records.

C. In the event SANDAG decides not to issue a Task Order subsequent to the current Task Order, Contractor shall deliver all undelivered deliverables to SANDAG within ten (10) days after the current Task Order expires.

XX. CONFIDENTIALITY

A. Contractor shall not use for personal gain or make other improper use of privileged information that is acquired in connection with this Agreement. For purposes of this Agreement “privileged information” includes, but is not limited to, trade secret information, medical records, personnel records, home addresses, and phone numbers of any person, social security numbers, and knowledge of selections of contractors or subcontractors in advance of an official announcement by SANDAG

XXI. INTELLECTUAL PROPERTY RIGHTS

Contractor agrees that any and all intellectual property rights, including copyrights or patents, that arise from creation of the work pursuant to this Agreement shall be vested in SANDAG and hereby agrees to relinquish all claims to such intellectual property rights in favor of SANDAG.

XXII. PROHIBITED INTEREST/COVENANTS AGAINST CONTINGENT FEES

A. No elected official(s) of SANDAG or any of its member agencies, the State of California or the United States Government shall become directly or indirectly interested in or personally benefit from the financial proceeds of this Agreement or in any part of it. No officer or em-ployee of SANDAG shall become directly or indirectly interested in or benefit from the financial proceeds of this Agreement or any part of it.


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B. Contractor warrants that its firm has not employed, retained, paid, or agreed to pay any com-pany or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, SANDAG shall have the right to annul this Agreement without liability, or at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

C. Certifications on Lobbying are required for contracts exceeding $100,000. Contractor assures that no federal funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress in connection with the awarding of this Agreement. Exhibit D to this Agreement, entitled “Certifications On Lobbying,” which was submitted by Contractor at the time its proposal was submitted, is hereby incorporated by reference.

D. Contractor agrees to comply with the provisions of 31 U.S.C. Section 1352, which prohibit the use of federal funds for lobbying any official or employee of any federal agency, or member or employee of Congress; and require Contractor to disclose any lobbying of any official or employee of any federal agency, or member or employee of Congress in connection with federal assistance. Contractor agrees to comply with U.S. DOT regulations, “New Restrictions on Lobbying,” 49 C.F.R. Part 20.

XXIII. CONFLICT OF INTEREST

A. Contractor shall file a Conflict of Interest Statement with the Secretary of the Board of Direc-tors if it is required by SANDAG’s Conflict of Interest Code. Contractor is responsible for determining it is a “Contractor” for purposes of the Political Reform Act and such code, and for compliance with any applicable financial disclosure requirements. Contractor represents that to its knowledge, entry into this Agreement will not result in a conflict of interest prohibited by California Government Code section 1090 for SANDAG’s employees or Board of Directors.

B. Contractor shall not make or participate in making or in any way attempt to use Contractor’s position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a financial interest other than the compensation promised by this Agreement. Contractor represents that Contractor has diligently conducted a search and in-ventory of Contractor’s economic interests, as defined in the regulations promulgated by the Fair Political Practices Commission, and has determined that Contractor does not, to the best of Contractor’s knowledge, have an economic interest which would conflict with Contractor’s duties under this Agreement. Contractor agrees to scrupulously avoid performing services for any person or entity or entering into any contractual or other relationship with any person or entity which might create a conflict with the rendering of services under this Agreement. Contractor will immediately advise the General Counsel of SANDAG if Contractor learns of an economic interest or other prohibited conflict of interest of Contractor’s during the term of this Agreement.


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XXIV. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

A. In connection with the performance of this Agreement, the Contractor will cooperate with the Department of Transportation (DOT) and SANDAG in meeting their commitments and goals with regard to the maximum utilization of DBEs. It is DOT, as well as SANDAG, policy that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with DOT funds. This Agreement will be financed in whole or in part with DOT funds.

B. The Contractor shall carry out applicable requirements of 49 CFR, Part 26, of the Code of Federal Regulations, entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” (the Regulations) in the award and administration of this Agreement. The Regulations in their entirety are incorporated herein by reference. The Contractor shall not discriminate on the basis of race color, national origin or sex in the performance of this Agreement.

C. The DBE participation for this Agreement is 2 percent. Only firms with certified DBE status will be counted toward the DBE goal. A minority or woman-owned business will receive DBE credit on a federal project only if the minority or woman-owned business is certified by CALTRANS as DBE. Contractor shall provide all DBEs, vendors and suppliers it agreed would provide a commercially useful function on this contract in order to receive credit toward the established DBE goal.

D. General DBE Participation Requirements

1. Noncompliance by the Contractor with the requirements of the Regulations is a material breach of this Agreement and may result in termination of the Agreement or other such appropriate remedy as SANDAG deems appropriate.

2. The Contractor shall include the following in each subcontract the Contractor signs with a subcontractor:

a. Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement.

b. Subcontractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this Agreement.

c. Language providing for the use of appropriate alternative dispute resolution mechanisms to resolve payment disputes.

d. If subcontractor is a DBE and is decertified during the life of the Agreement, within five (5) working days, the decertified subcontractor shall notify the Contractor and SANDAG in writing of the date of decertification. If a subcontractor becomes a certified DBE during the life of the Agreement, the subcontractor shall notify the Contractor and SANDAG in writing, within five (5) working days of the date of certification.

E. Performance Requirements

1. DBE prime contractors must perform at least 30 percent of the total cost of this Agreement with their own work force.


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2. DBE subcontractors shall perform the work and supply the materials for which they have been listed in the Contractor’s response to the Request for Proposals unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources as set forth in subparagraph “f,” of this Article, entitled “DBE Substitution or Additions.”

F. Prompt Payment

A. The Contractor shall not be entitled to any payment for the work or material, unless it is performed or supplied by the listed subcontractors (DBE or nonDBE), or by the Contractor’s own forces, pursuant to prior written authorization of SANDAG. This is the case even if other work under the Agreement is not completed and has not been accepted in conformance with the terms of the Agreement. The Contractor shall pay all DBE subcontractors and nonDBE subcontractors for satisfactory performance of their contracts within thirty (30) days from receipt of each subcontractor invoice. Contractor must pay all DBE and nonDBE subcontractors prior to requesting payment from SANDAG for those expenses. Contractor agrees further to release retainage payments to each subcontractor within 10 (ten) days after Contractor receives payment of the retainage from SANDAG. Contractor shall comply with California Business & Professions Code section 7108.5 and California Public Contract Code sections 10262 and 10262.5.

G. Prompt Payment Progress Pay Retention to DBE and NonDBE Subcontractors

The Contractor shall return all moneys withheld in retention from a subcontractor to SANDAG within 30 days after receiving payment for work satisfactorily completed, even if other contract work is not completed and has not been accepted in conformance with the terms of this Agreement or another contract. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment to the Contractor or deficient subcontract performance or noncompliance by a subcontractor.

H. DBE and NonDBE Subcontractor Payment Records

1. The Contractor, in addition to maintaining records showing the name and business address of each first tier subcontractor, shall also show the name and business address of every DBE subcontractor and DBE vendor of materials, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all DBE firms. If the Contractor is a DBE prime contractor, it shall also show the date of work performed by its own forces along with the corresponding dollar value of work.

2. Within 30 days of completion performance under the Agreement, a summary of these records shall be prepared on attached Exhibit F and certified correct by the Contractor or the Contractor’s authorized representative, and shall be furnished to SANDAG. Exhibit F shall be furnished to SANDAG with the final invoice. Failure to provide the summary of DBE payments in compliance with the DBE requirements in this Agreement with the final invoice will result in the invoice being in dispute until the report is received. Ten thousand dollars ($10,000) will be withheld from payment if Exhibit F is not submitted with Contractor’s final invoice. The amount will be paid to the Contractor when Exhibit F is submitted.

I. DBE Substitutions or Additions


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1. The Contractor may not substitute, or terminate for convenience a subcontractor or supplier listed in the original bid/proposal without the prior written approval of SANDAG. However, the Contractor may add a firm to perform work originally planned to be done by the Contractor's own forces. The Contractor must make an adequate good faith effort to find another certified DBE subcontractor to substitute for the original DBE. The Contractor will be required to make good faith efforts to replace the original DBE subcontractor with another DBE subcontractor to the extent needed to meet the Agreement goal. (See 29 CFR Part 26, Appendix A for examples of good faith efforts.) The requirement that DBEs must be certified by the bid opening date does not apply to DBE substitutions or additions after award of the Agreement. DBEs must be certified at the time of the substitution or addition.

2. Consultants shall submit requests for substitution in writing to SANDAG. Authorization to use other subcontractors or suppliers may be requested for the following reasons:

a. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions for this Agreement or on the terms of such subcontractor’s or supplier’s written bid, is presented by the Contractor.

b. The listed DBE becomes bankrupt or insolvent.

c. The listed DBE fails or refuses to perform the subcontract or furnish the listed materials.

d. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor failed or refuses to meet the bond requirements of the contract.

e. The listed DBE was the result of an inadvertent clerical error. The Contractor must have asserted a claim of inadvertent clerical error in listing the subcontractor within two working days after the bid opening and must have sent copies of that notice to both the subcontractor he or she claims to have listed in error and intended subcontractor who had bid to the Contractor prior to bid/proposal opening.

f. The listed DBE was not licensed as required by the State of California Contractor’s Licensing Board or failed to have the required permits or licenses as required by Federal, State or Local governmental jurisdictions.

g. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial conformance with the scope of work to be performed, or the subcontractor is substantially delaying or disrupting the progress of the work.

h. When the listed DBE is ineligible to work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

i. When it is in the best interest of SANDAG.

3. Prior to approval of the Contractor’s request for substitution to SANDAG, the Contractor shall give notice in writing to the listed DBE subcontractor of the Contractor’s request to substitute and the reasons for the request. The notice shall be served by certified or registered mail to the last known address of the subcontractor and shall contain SANDAG’s address. The notice shall inform the subcontractor that it must submit a written objection to SANDAG within 5 working days and that failure to


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do will be considered waiver and consent to substitution. The listed subcontractor who has been so notified, shall have five working days within which to submit written objections to the substitution to SANDAG. Failure to respond with a written objection shall constitute the listed subcontractor’s consent to the substitution. A copy of the notice shall be provided to SANDAG by the Contractor on the same day it is served on the subcontractor.

J. Termination of a DBE

1. In conformance with Federal DBE regulation Sections 26.53(f)(1) and 26.53(f)(2), Part 26, 49 CFR, the Contractor shall not terminate a listed DBE subcontractor for convenience and then perform that work with its own forces (personnel), or those of an affiliate, unless the Contractor has received prior written authorization from SANDAG to perform the work with other forces or to obtain materials from other sources.

2. If a DBE subcontractor is terminated or fails to complete its work for any reason, the Contractor will be required to make good faith efforts to replace the original DBE subcontractor with another DBE subcontractor to the extent needed to meet the contract goal. (See 29 CFR Part 26, Appendix A for examples of good faith efforts.) Contractor is required to notify SANDAG immediately of a DBEs inability or unwillingness to perform and provide reasonable documentation. If Contractor fails to provide SANDAG with copies of new or amended subcontracts or documentation of good faith efforts, SANDAG may issue an order stopping all or part of payment or work under the Agreement until satisfactory action has been taken or may terminate the Agreement.

K. DBE Certification Status

If a DBE subcontractor is decertified during the life of the Agreement, within five (5) working days, the decertified subcontractor shall notify the Contractor and SANDAG in writing of the date of decertification. If a subcontractor becomes a certified DBE during the life of the Agreement, the subcontractor shall notify the Contractor and SANDAG in writing, within five (5) working days of the date of certification. Upon completion of performance under the Agreement, Contractor shall prepare, sign, certify as correct, and submit Form CEM-2403(F) (Disadvantaged Business Enterprise Certification Status Change) indicating the DBEs’ existing certification status.

L. DBE Eligibility Toward Goal

1. The dollar value of work performed by a DBE is credited/counted toward the goal only after the DBE has been paid.

[Delete the following subparagraph if the prime contractor is not a DBE] 2. Credit for DBE Prime Contractors

If the Contractor is the prime contractor and is a certified DBE, it is eligible to claim its own work toward the DBE goal.

3. Credit for Material or Supplies

Credit for materials or supplies purchased from DBEs will be as follows: If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the


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materials or supplies will count toward the DBE goal. If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies, provided the fees are reasonable and not excessive as compared with fees charged for similar services.

XXV. SUCCESSORS OR ASSIGNS

Subject to the provisions of Article XIII, “Indemnity - Hold Harmless,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns.

XXVI. NONDISCRIMINATION

A. Consultants doing business with SANDAG must be equal opportunity employers who achieve or attempt to achieve parity in the representation of women and minorities in their work force.

B. The Contractor shall ensure equal employment opportunity for all persons. Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, medical condition, physical or mental disability, Vietnam-era veteran or special disabled veteran status, marital status or citizenship, within the limits imposed by law. These principles are to be applied by the Contractor in all employment practices, including recruiting, hiring, transfers, promotions, training, compensation, benefits, layoffs, and terminations.

C. During the performance of this Agreement, Contractor agrees to comply with all the requirements imposed by Title VI and Title VII of the Civil Rights Act of 1964, as amended, and the regulations issued thereunder (Executive Order 11246), the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, and any other applicable federal and state laws and regulations subsequently enacted.

[The following paragraphs must also be included if the project will receive federal funding]

D. The Contractor shall have a written Affirmative Action Plan in conformance with regulations of the Department of Transportation. The Plan shall contain, at a minimum, the required provisions as outlined and described in FTA (UMTA) Circular 4704.1 “UMTA Equal Employment Opportunity Program Guidelines for Grant Recipients,” dated July 26, 1988. A copy of the Affirmative Action Plan for the period of time covered by this Agreement shall remain on file with the Contractor for a period of five (5) years after completion of work covered by this Agreement.

E. Contractor agrees to comply with and assure that Subcontractor complies with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA) and all U.S. DOT regula-tions regarding nondiscrimination on the basis of handicap in programs and activities


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receiving or benefiting from federal financial assistance. No otherwise qualified person with a disability shall solely, by reason of his or her disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from federal financial assistance.

F. During the performance of this Agreement, the Contractor further agrees as follows:

1. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. Contractor will, in all solicitations or advancements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

3. Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or workers' representative of Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. Contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, as amended, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, as amended, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7. Contractor will include the provisions of this Article in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, as amended so that such provisions will be binding upon each subcontractor or vendor.


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Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Contractor may request the United States to enter into such litigation to protect the interests of the United States." [Sec. 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

XXVII. INCORPORATION OF FEDERAL/STATE GUIDELINES

A. All relevant federal and state grant provisions and guidelines, as presently written or as changed during the life of this Agreement, bearing on this Agreement, are hereby wholly incorporated by reference herein and made a part of this Agreement and take precedence over any inconsistent terms of this Agreement. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Article.

B. Specific guidelines shall be those prescribed by “Federal Transit Administration Master Agreement” (Form FTA-MA) 49 CFR Part 18, and Federal Transit Administration (FTA) Circular 4220.1D, “Third Party Contracting Requirements” and OMB Circular A-102 “Uniform Requirements for Grants and Cooperative Agreements with State and Local Governments.”

XXVIII. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

A. Debarment and Suspension certification is required for all procurements exceeding $25,000. The Federal Transit Administration (FTA) shall be informed of any certification exceptions. Exhibit E to this Agreement, entitled “Certifications Regarding Debarment, Suspension, and Other Matters,” which was submitted by Contractor at the time its proposal was submitted, is hereby incorporated by reference.

B. Contractor certifies, to the best of its knowledge and belief, that Contractor and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

2. Have not within a three-year period preceding this proposal or Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a govern-mental entity (federal, state, or local) with commission of any of the offenses enumer-ated in paragraph (b.) above; and

4. Have not within a three-year period preceding this proposal or Agreement had one or more public transactions terminated for cause or default.


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C. Should Contractor be unable to certify to any of the statements above, Contractor shall attach a written explanation to this Agreement.

XXIX. COST PRINCIPLES

Contractor agrees that Contract Cost Principles and Procedures, Federal Acquisition Regulations in Title 48, Part 31 et seq., of the Code of Federal Regulations, govern allowable elements of cost under this Agreement. Contractor also agrees to comply with Federal procedures in accordance with 49 CFR, Part 18, Uniform Requirements for Grants and Cooperative Agreements with State and Local Governments. Any costs for which payment has been made to Contractor that are later determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., or 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, are subject to repayment by Contractor to SANDAG. Any subcontract, entered into as a result of this contract, shall contain all the provisions of this Article.

XXX. EQUIPMENT PURCHASES

A. Prior authorization in writing by the Project Manager shall be required before the Contractor enters into any non-budgeted purchase order or subcontract exceeding $500 for supplies, equipment, or consultant services. The Contractor shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service or consulting work not covered in the Contractor’s Cost Proposal and exceeding $500, with prior authorization by the Project Manager, three competitive quotations must be submitted with the request or the absence of bidding must be adequately justified.

C. The Contractor shall maintain an inventory record for each piece of non-expendable equipment purchased or built with funds provided under the terms of this Agreement. The inventory record of each piece of such equipment shall include the date acquired, total cost, serial number, model identification (on purchased equipment), and any other information or description necessary to identify said equipment. Non-expendable equipment so inventoried are those items of equipment that have a normal life expectancy of one year or more and an approximate unit price of $5,000 or more. In addition, theft-sensitive items of equipment costing less than $5,000 shall be inventoried. A copy of the inventory record must be submitted to SANDAG on request by SANDAG.

D. At the conclusion of the Agreement or if the Agreement is terminated, the Contractor may either keep the equipment and credit SANDAG in an amount equal to its fair market value or sell such equipment at the best price obtainable, at a public or private sale, in accordance with established procedures, and credit SANDAG in an amount equal to the sales price. If the Contractor elects to keep the equipment, fair market value shall be determined, at the Contractor’s expense, on the basis of a competent, independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to SANDAG and Contractor. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by SANDAG.

E. CFR 49, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000, is credited to the project.


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F. Any subcontract entered into as a result of this Agreement, shall contain all the provisions of this Article.

XXXI. BUY AMERICA

Contractor must conform with the Surface Transportation Assistance Act of 1982 (Section 165) as amended by Section 337 (23 U.S.C. §101) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and Section 1048 of the Intermodal Surface Transportation Efficiency Act of 1991, and FTA regulations, “Buy America Requirements – Surface Transportation Assistance Act of 1982,” 49 C.F.R. Part 661 and applicable revisions thereto.

XXXII. PRE-AWARD AUDITS

Contractor was not required to undergo a pre-award audit, however, circumstances may change that will result in the need for an audit at some later stage. Accordingly, Contractor acknowledges that he/she/it may be required to undergo an audit by the Federal Highway Administration, or Caltrans acting on its behalf, or by a Certified Public Accountant selected by SANDAG, and Contractor hereby agrees to fully cooperate if such an audit is requested.

XXXIII. COMPLIANCE WITH CLEAN AIR AND WATER LAWS

Contractor agrees to comply with the requirements of Section 114 of the Clean Air Act as amended, 42 U.S.C. § 7414, and other applicable provisions of the Clean Air Act, 42 U.S.C. § 7401 et seq. Contractor further agrees to comply with all requirements of Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1318, and other applicable provisions of the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. Contractor shall include these requirements in any subcontract exceeding $100,000.

XXXIV. CONTRACTOR’S SAFETY-SENSITIVE EMPLOYEES

Contractor agrees to implement a drug and alcohol program which is compliant with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation, the California Department of Transportation, or SANDAG to inspect the facilities and records association with the implementation of the drug and alcohol testing program, as required under Parts 653 and 654, and review the testing process.

XXXIV. ORDER OF PRECEDENCE

SANDAG’s Invitation for Bids (IFB) and Contractor’s original bid (including written and cost bids) as approved and accepted by SANDAG concerning the Project are hereby incorporated by reference except to the extent they may conflict with the terms of the Agreement. In the event of conflicting provisions, the following order of precedence will apply: 1) the Agreement; 2) Contractor’s bid, as approved and accepted by SANDAG; 3) the IFB.

XXXV. ADMINISTRATION

Contractor proposes to assign "[Specify Contractor's Assigned Project Manager]" as its Project Manager to provide supervision and have overall responsibility for this Agreement for Contractor.


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The Project Manager shall not be removed from the project or reassigned without prior approval of SANDAG. Contractor must obtain approval from SANDAG in writing before assigning a new project manager to the Project. No subcontracting of these professional services shall be made without prior approval of SANDAG.

XXXVI. HEADINGS

Article headings in this Agreement shall not be used to alter the plain meaning of the text in this Agreement.

XXXVII. NOTICE

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to:

San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: [Project Manager]

Contractor: "[Contractor Name]" "[Contractor Street Address]" [City, State, Zip] Attn: "[Contractor Project Manager]"

and shall be effective upon receipt thereof.

XXXVIII. PRESERVATION OF AGREEMENT

Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall be severable and enforceable.

XXXIX. SIGNATURES

The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above.

SAN DIEGO ASSOCIATION OF GOVERNMENTS

[CONSULTANT]

GARY L. GALLEGOS Executive Director

[Consultant Representative] [Consultant Representative Title]


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APPROVED AS TO SUFFICIENCY OF FORM AND LEGALITY:

Contractor Federal Tax Number:

[Consultant Federal Tax Number]

Office of General Counsel


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Exhibit A

SCOPE OF WORK

1. FREEWAY SERVICE PATROL PROGRAM The purpose of a Freeway Service Patrol (FSP) Program is to help alleviate traffic congestion associated with non-recurring freeway incidents. This is accomplished by providing for the rapid removal of disabled vehicles, assisting with traffic accidents, and removing debris from the roadway. In 1993, SANDAG entered into a Memorandum of Understanding (MOU) with the California Department of Transportation (Caltrans) and the California Department of the Highway Patrol (CHP) to administer an FSP on selected freeway segments in San Diego County. In San Diego County, the FSP continuously patrols selected freeway segments during both morning and afternoon commute periods, Monday through Friday. The area-wide FSP currently employs a fleet of 26 tow trucks that patrol over 204 miles of the region’s freeways during peak traffic periods, including portions of Interstates 5, 8, 15, 805, and State Routes 52, 54, 56, 78, 94, 125, 163 and 905. Execution of This Agreement will result in the redeployment of FSP resources to include trucks, patrolling miles. The FSP is an ongoing program.

2. REGIONAL TOW TRUCK AND FLATBED TRUCK OPERATIONS This Agreement is for Contractor to provide equipment and to operate a fleet of Class A tow trucks and/or flatbed trucks on regional FSP patrol routes , , , , , , and (hereinafter referred to as “PROJECT or PROJECTS”). Please refer to Attachments E-1 and E-2 of the IFB for these PROJECTS for specific beat characteristics and service areas. Standard Operating Procedures (SOP) for the FSP are established by the CHP statewide. The FSP SOP specifies daily procedures and requirements to be followed by FSP contractors and drivers. The SOP may be modified at any time during the contract period. Please refer to IFB Attachment F, FSP SOP. FSP tow trucks and flatbed trucks shall be exclusively dedicated to the FSP Program during the specified normal hours of FSP operation, currently: Monday through Friday, 5:30 to 9:30 a.m., and 3:00 to 7:00 p.m., unless directed otherwise. These hours, when operated, shall be known as FSP vehicle service hours (VSH). Truck maintenance activities shall be conducted outside of normal FSP hours, which include mid-day (10:00 a.m. to 2:30 p.m.), evening (after 7:30 p.m.), or weekend hours. Travel time to and from the FSP beat(s) is at Contractor's expense. FSP tow trucks and flatbed trucks shall provide flat tire changes, battery "jump starts," a gallon of fuel, radiator water, or make temporary repairs to cooling system hoses. Three out of four FSP assists fall into one of these categories. If a vehicle requiring assistance cannot be mobilized within ten minutes, said vehicle will normally be towed to a CHP pre-designated drop location. The tow truck or flatbed truck operator that responds shall complete the assist via the procedures described in the FSP SOP (refer to IFB Attachment F, Sections IX, G.; XXIX, B.; and XXX, C. and D.). FSP operators are strictly prohibited from towing a disabled vehicle (or arranging said tow) as an independent contractor from an FSP incident. FSP drivers can assist motorists in contacting private tow or other services via the


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CHP Border Division Communications Center (COMM Center), upon request. All FSP services are provided at no cost to the motorist. FSP drivers must not accept gratuities or make any recommendation regarding secondary tow companies and/or places of repair.

3. FUNDING AND SPECIFIC AUTHORIZATION FOR PROJECT Division 2, Chapter 2, Article 3.3 of the California Vehicle Code describes the FSP Program, including operator requirements and responsibilities. CHP FSP Highway Patrol Manual (HPM 100.47), revised March 2004, provides additional operator requirements concerning provision of an FSP.

The primary source of funding for SANDAG to administer the FSP Regional Towing Services comes from annual Statewide apportionments of dedicated gasoline taxes (“FSP Funds”) from Caltrans.

4. PROJECT ROLES AND RESPONSIBILITIES SANDAG and the CHP will jointly oversee the PROJECTS, while Caltrans, SANDAG, and the CHP are jointly responsible for the overall effectiveness of the FSP Program. All three agencies will monitor FSP performance and ensure that Contractor abides by the terms of this Agreement. Caltrans Caltrans is given responsibility to improve and maintain the state highways under

authority of Division 1, Chapter 1, Article 3, Section 91 of the Streets and Highways Code. Caltrans is also responsible for traffic management, including the removal of impediments from the highways. Caltrans authorized development of the FSP program to satisfy its responsibilities under S&H Code.

CHP Vehicle Code Section 2401 requires the CHP "to make adequate provision" for

patrolling the highways. This includes such specific tasks as daily field supervision, dispatch and project management of FSP operations.

SANDAG SANDAG shall serve as the Principle Contract Administrator for the PROJECTS.

Additionally, SANDAG will serve as fund administrator for the project. Contractor The Contractor shall operate the FSP tow trucks and/or flatbed trucks on specified

beats during specified hours as directed by SANDAG and the CHP. The Contractor is responsible to perform the Scope of Required Service in this Agreement.

5. SCOPE OF REQUIRED SERVICES

5.1 Mobilization

To ensure schedule adherence during implementation of the PROJECT, Contractor shall have no more than forty-five (45) calendar days in which to acquire the required equipment, have it inspected, hire and train drivers, and be operational from the time that notice of intent to award is served for this Agreement.

5.2 FSP Operations

Contractor will operate FSP tow trucks and flatbed trucks on selected freeway routes referred to as “beats.” Each beat consists of one or more route segments (e.g., SR-52 between I-5 and Santo Rd.) and has specific boundaries and designated drop locations selected by the CHP. (Refer to IFB Attachments E-1 and E-2 for specifics). Excluded dates of service, including state holidays, are days in


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which the FSP Program will not operate. SANDAG reserves the right to change the excluded dates of service. For fiscal year 2005/2006, Contractor shall observe the following excluded dates:

• July 4, 2005

• September 5, 2005

• October 14, 2005

• November 11, 2005



• December 26, 2005

• January 2, 2006

• January 16, 2006

• February 20, 2006

• May 30, 2006

Contractors will be notified in December of following year state holidays. At any time during the contract's term, SANDAG reserves the right to adjust beat specifications to better accommodate demands for FSP service. These changes can occur during the course of the contract through written notification. Additionally, SANDAG reserves the right to add or delete holidays to the work schedule. When necessary, the CHP and/or Caltrans may temporarily reassign FSP resources to patrol locations outside the contracted beat(s) during normal FSP hours.

5.3 Beat Partner Assists

Roving (pickup) trucks also in service to the FSP (under separate agreement with SANDAG) may be unable to complete a motorist assist when towing of the disabled vehicle is necessary. In such cases, the FSP pickup truck operator will radio CHP dispatch, the FSP Coordinator, and/or other FSP “beat partners.” The beat partners are those FSP tow trucks or flatbed trucks assigned to patrol the same beat segments as the roving pickup truck in question. The FSP pickup truck operator will normally request the beat partner assist via the procedures described in the FSP SOP (refer to IFB Attachment F, Sections IX, G.; XXIX, B.; and XXX, C. and D.). The FSP tow truck and flatbed truck operator(s) should respond to beat partner assists according to the same guidelines and procedures.

6. PROJECT SPECIFIC REQUIREMENTS

6.1 Project Meetings

6.1.1 Contractor shall participate in the regional Freeway Service Patrol (FSP) management team Transportation Advisory Committee (TAC), which meets bi-monthly on the second Friday alternating months, and is comprised of representatives from SANDAG, the CHP, Caltrans, private enterprise ((i.e., FSP Contractors), agency incident management consultants, and other local agencies, i.e., the Service Authority for Freeway Emergencies (SAFE).

6.1.2 Participation in the FSP TAC is mandatory and Contractor will not be paid for attendance at these meetings.

6.2 Vehicle Requirements

6.2.1 The Contractor shall procure and outfit Class A tow trucks, and flatbed trucks, plus spare tow trucks or flatbed trucks for back-up. The total number of trucks in contractor’s FSP fleet shall be .


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6.2.1.1 These trucks shall be less than one year old with a maximum of 20,000 miles on the chassis and working parts of the truck at the onset of the contract. CHP, in conjunction with Caltrans or SANDAG, will verify the original purchase dates to ensure compliance. Other equipment on the truck does not have to be new but shall be in excellent condition and is subject to the approval of the CHP.

6.2.1.2 The Contractor shall only utilize Class A tow trucks or flatbed trucks. A truck of any other size or type does not meet specifications.

6.2.2 The number of flatbed trucks in Contractor’s FSP fleet shall not exceed 50 percent of the total number of required trucks, including spare vehicles (refer to separate section below, ‘Spare Vehicle Requirements’) to perform work under the Agreement.

6.2.3 At least one-half of all trucks patrolling each beat shall be Class A tow trucks.

6.2.4 All tow trucks and flatbed trucks shall meet the following criteria to determine the safe towing limits for a truck:

6.2.4.1 The total weight of each truck, including the lifted load, must fall within the manufacturer’s Gross Vehicle Weight Rating (GVWR) and not exceed either the front or rear axle weight ratings.

6.2.4.2 The trucks must meet all applicable standards.

6.2.4.3 For proper steering and braking, the front axle must carry at least 50 percent of the normal or unladen weight after the load is lifted.

6.2.5 Class A tow trucks shall also meet or exceed the following criteria:

6.2.5.1 a minimum GVWR of 14,000 pounds, dual wheel chassis.

6.2.5.2 shall have a four (4) ton recovery equipment rating.

6.2.5.3 shall be equipped with wheel lift towing equipment with a minimum lift rating of 3,000 pounds, both extended and retracted. Wheel lifts must be equipped and used as intended by the manufacturer.

6.2.5.4 shall be equipped with a boom with a minimum static rating of 8,000 pounds.

6.2.5.5 shall be equipped with a tow sling with a minimum rating of 3,000 pounds.

6.2.5.6 shall be equipped with safety chain D-ring or eyelet mounted on rear of truck.

6.2.5.7 shall be equipped with tow chains 3/8” alloy or OEM specifications, J.T. hook assembly.

6.2.5.8 shall be equipped with a portable tow dolly, for removing otherwise untowable vehicles, one (1) set.

6.2.5.9 Refurbished tow truck beds may be used in order to reduce costs, provided that each tow truck bed is not more than three years old and shall only be refurbished one time for the FSP program.2

6.2.6 Flatbed trucks shall also meet or exceed the following criteria:

6.2.6.1 a minimum GVWR of 21,000 pounds.

2 The refurbished bed must be certified by a qualified tow truck builder. The accompanying certificate shall

state that the tow truck bed’s boom, wheel lift, moving parts, hoses, mounting bolts, wiring, safety chains, winch cable, sling straps, paint and control labels have either been replaced or are in good working order prior to using the bed for the new contract period


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6.2.6.2 shall have rear axle minimum rating of 15,000 pounds.

6.2.6.3 truck beds shall be made of either steel or aluminum.

6.2.6.4 The minimum length of the flatbed truck beds shall be 21 feet.

6.2.6.5 shall be equipped with a winch cable – 50 feet, 3/8” diameter (6 x 9) cable or OEM specifications, with a working limit of 3,500 pounds.

6.2.6.6 shall be equipped with a remote control to activate the winch. Bed and winch controls shall be on both sides of the vehicle. This control may be via a plug in lanyard line. The control must permit an operator to control the winch while steering the vehicle being loaded.

6.2.6.7 shall be equipped with a minimum of eight (8) tie down locations, one near each corner of the bed and two more distributed along each side of the bed between the corner locations. The tie down locations must be capable of mounting a snatch block.

6.2.6.8 shall be equipped with wheel lift towing equipment with a minimum lift rating of 2,500 pounds.

6.2.6.9 shall be equipped with a set of four (4) axle straps.

6.2.6.10 shall be equipped with a set of four (4) tie down chains.

6.2.6.11 shall be equipped with motorcycle transporting capabilities (i.e., tie down straps).

6.2.6.12 shall be equipped with one (1) 20-foot chain wih hooks on both ends (recovery type chain).

6.2.6.13 shall be equipped with one (1) four-ton snatch block with hook.

6.2.7 All FSP trucks shall be dedicated exclusively to the FSP Program during normal hours of FSP operation, currently: Monday through Friday, 5:30 to 9:30 a.m., and 3:00 to 7:00 p.m.

6.3 Required Tools, Equipment and Supplies:

6.3.1 Each Class A tow truck and flatbed truck shall also be equipped with the following equipment and supplies:

Item Equipment/Supplies Requirements Quantity

1 Mounted spotlight capable of directing a beam to both front and rear of vehicle.

1

2 Equipped with a winch rated at a minimum of 8,000 pounds on the first layer of cable

1

3 Trailer hitch and balls (1 7/8 inch and 2 inch). 1

4 Twin rubber face vertical push bumpers (similar to CHP patrol vehicles). Minimum vertical push bar length - 22 inches.

1

5 Tail lights, brake lights, portable remote with extension cord 1

6 Safety chains, (with positive locking device) 5/16-inch alloy or OEM specification

2

7 Diesel fuel. (optional) 5 gallons8 Unleaded gasoline. 5 gallons9 Water for radiator. 5 gallons

10 Trash can with lid. 5 gallons


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11 Fire extinguisher aggregate rating of at least 4-B, C units. 1 12 Pry bar - 36 inches or longer. 1 13 4” x 6” x 12” wood blocks. 2 14 4” x 4” x 48” wooden cross beam. 1 15 4” x 4” x 60” wooden cross beam. 1 16 24" wide course bristle broom. 1 17 Square point shovel. 1 18 Fuses (highway flares) Duration - 15 minutes. 36 19 Cones (28 inches in height). 6 20 Hydraulic jack, 2-ton, floor. 1 21 Hydraulic trolley jack, 2-ton, lifting range 5 1/2 to 15 1/4 inch. 1 22 Four way lug wrench (standard). 1 23 Four way lug wrench (metric). 1 24 Flashlight and spare batteries. 1

25 Rechargeable air bottle, hoses, fittings and valve stems, 100 PSI rated capacity; or a 12 volt onboard air compressor with 75 PSI capacity with a 50 foot air hose.

1

26

A 12-volt portable jump-starter (2,000 peak amps – minimum rating); or booster cables, 25 feet long, 3 gauge copper wire with heavy-duty clamps and one end adapted to power outlets (“hot boxes”), front and rear mounted, with outlets compatible to 12-volt booster cables.

1

27 Funnel, multi-purpose, flexible spout. 1 28 Five gallon can with lid, filled with absorbent material. 1 29 First aid kit (small 5 x 9 inch). 1 30 External speaker and public address system. 1

31

Lightbar system with amber warning lights with front and rear directional flashing capability, with on-off switch in cab. If equipped with a directional light bar, it should be capable of displaying at least four (4) different patterns including right, left, split (center to outwards), and warning/flash.

1

32 Heavy duty, 60+ amp battery. 1 33 Radio to communicate with the contractor’s base office. 1 34 Programmable scanner for scanning Caltrans and CHP. 1 35 Suitable cab lighting. 1 36 Rear work lights. 1 37 Air conditioning (standard). N/A

6.3.2 Each Class A tow truck and flatbed truck shall also be equipped, at a minimum, with a tool kit containing the following tools:

Item Tool Requirements Quantity1 Screwdriver - Standard -1/8 inch size. 1 2 Screwdriver - Standard -3/16 inch size. 1 3 Screwdriver - Standard -1/4 inch size. 1 4 Screwdriver - Standard -5/16inch size. 1 5 Screwdriver - Philips-head - #1 size. 1 6 Screwdriver - Philips-head - #2 size. 1


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7 Needle nose pliers. 1 8 Adjustable rib joint pliers, 2 inch minimum capacity. 1 9 Crescent wrench - 8 inch. 1 10 Crescent wrench - 12 inch. 1 11 4 lb. hammer. 1 12 Rubber mallet/hubcap tool. 1 13 Electrical tape. 1 roll 14 Duct tape. 1 roll 15 Mechanic’s wire. 1 roll 16 Bolt cutters. 1 set 17 Lock out toolset. 1 set 18 Tire pressure gauge 1

6.3.3 Additional tools, equipment and supplies may be supplemented at the contractor’s option and expense. Any equipment not stored in a storage compartment shall be securely mounted to the truck.

6.4 Vehicle Maintenance Requirements

6.4.1 Contractor shall ensure that all FSP trucks, tools, equipment, and supplies (see above), meet or exceed all applicable federal, state, or local laws, manufacturer’s specification, and/or other standards that govern the operation of said fleet operations.

6.4.2 Contractor shall, at its sole expense, be responsible for having all maintenance work, both mechanical and body, performed on all FSP trucks. Maintenance work includes, but is not limited to, all parts, labor, fluids, and lubricants required for vehicle upkeep as recommended per the original vehicle manufacturer’s specifications.

6.4.3 Contractor shall, at its sole expense, be responsible to ensure all required tools, equipment, and supplies are maintained per the original manufacturer’s specifications.

6.4.4 Contractor shall keep accurate records of all preventive and corrective maintenance activities performed on any truck that is used in the FSP Program. Contractor shall produce copies of said maintenance records and summary reports for CHP or SANDAG upon request.

6.5 Vehicle Inspections

6.5.1 Prior to the commencement of PROJECT, the CHP will inspect each truck that Contractor designates for use in the FSP Program to ensure each vehicle meets the specifications and safety requirements as outlined in the IFB and the California Vehicle Code. This requirement applies to spare vehicles as well as the primary trucks assigned to regular FSP operations. These inspections will occur no less than 10 working days prior to the notice to proceed. Contractor shall be required to provide the SANDAG Project Manager with written documentation of said inspections.

6.5.2 CHP inspections of Contractor’s FSP trucks shall be performed both prior to the commencement of initial service, and annually thereafter. A CHP 234-B Inspection Guide shall be used to document these inspections per CHP HPM 81.2, Vehicle Procedures Manual. Contractor shall furnish the SANDAG Project Manager with copies of this written documentation for any such inspections.

6.5.3 Contractor is not prohibited from using the FSP trucks during non-FSP hours. However, Contractor shall complete a form CHP 234-D – FSP Daily Inspection Report – prior to the


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start of each shift to account for apportioned usage of the trucks for FSP. A copy of each Daily Inspection Report shall be kept on file in Contractor’s office and the original sent to the CHP FSP Coordinator. Any item missing must be replaced prior to the start of the shift.

6.5.4 Contractor is subject to cursory inspections of FSP trucks that will be performed by CHP officers in the field during an FSP shift. Cursory inspections will be documented by the CHP officer using a CHP 234-E ‘FSP Cursory Inspection Report.’

6.5.4.1 Locations of cursory truck inspections will be designated by the CHP. Any unsafe, poorly maintained, or improperly equipped truck shall be removed from FSP service until repaired as directed. Contractor will not be paid for ‘out of service’ time.

6.5.4.2 Since cursory inspections are performed in the field during the shift, the air bottle pressure requirement is reduced from 100 pounds per square inch (PSI) to 80 PSI. This reduction in air pressure takes into consideration the possibility that, prior to the inspection, a motorist assist occurred requiring air.

6.5.5 Additional inspections may be made periodically by the CHP throughout the term of the contract. Any unsafe, poorly maintained, or improperly equipped FSP truck will be placed ‘out of service’ by the CHP until said truck meets all the specifications and requirements specified herein. Contractor will not be paid for ‘out of service’ time.

6.6 Requirements for Vehicle Color, Lettering, and Markings:

6.6.1 FSP trucks shall be painted white. If striping is desired, it shall be limited to one stripe of up to two colors and the total width shall be no greater than four inches.

6.6.2 Prior to the commencement of PROJECT services, Contractor will receive from SANDAG an appropriate number of detachable magnetic signs (two per FSP truck) for the purpose of displaying the official FSP program logo (hereinafter described as “FSP markings”). The FSP can be affixed and removed from the trucks an unlimited number of times.

6.6.3 It is Contractor‘s responsibility to ensure the FSP markings are kept clean and in usable condition. Contractor will be charged for any signs/markings that are lost or damaged. Contractor shall return the signs/markings to SANDAG upon termination of the contract.

6.6.4 Contractor shall reserve an area measuring at least 20 inches wide by 14 inches high on both the left-front and right-front doors of the FSP trucks for placement of the FSP markings.

6.6.5 Contractor shall be responsible to place the detachable FSP markings on each ’in-service’ truck during all FSP hours of operation, and to remove the detachable markings immediately upon completion of each FSP shift.

6.6.6 FSP trucks shall display Contractor’s vehicle/fleet identification number (“fleet I.D.”) on both sides where it is clearly visible. No other logos, signs, emblems, writing, etc. shall be placed on the trucks without prior written authorization from SANDAG.

6.6.7 FSP trucks shall display Contractor’s company name, business address, and telephone number on each side as required by the CVC. For sub-contractors, FSP trucks shall display only one company name, address, and telephone number.

6.6.8 All lettering on FSP trucks shall be in blocked bold form and parallel to the ground. Acceptable colors for lettering are black or navy blue in color. Multi-colored or metallic lettering is prohibited, including shadowing in other than authorized colors. Letter size shall be no smaller than two (2) inches by two (2) inches and no larger than four (4)


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inches by four (4) inches, with the preferred letter size of 2-1/2 inches high by 2-1/2 inches wide. Letters shall be placed on the lower body of the trucks side panel toward the cab.

6.6.9 FSP trucks shall be kept clean in good condition with all required information clearly visible.

6.7 Communications Equipment Requirements:

6.7.1 The CHP Public Safety Dispatcher will dispatch all FSP trucks in service. Dispatch services are performed from the CHP COMM Center/Regional Transportation Management Center (TMC) located at 7183 Opportunity Road in San Diego.

6.7.2 Each FSP truck shall be equipped with a mobile radio capable of communicating with the CHP COMM Center and with other FSP beat partners (i.e., the tow, flatbed, and pickup truck operators on the beat). A single mobile radio communicating on the Regional Communications System (RCS) 800 MHz bandwidth will be assigned to Contractor for each FSP truck, including the required spare vehicle(s).

6.7.3 All RCS mobile radios will be purchased and owned by SANDAG and operated by Contractor. Mobile radios will require fixed-mount installation in the FSP trucks, and Contractor shall arrange for the installation and testing of the mobile radios in each truck that is assigned. Radios shall be installed and commissioned fully operational prior to the start of PROJECT services. The associated radio installation charges shall be billed to SANDAG.

6.7.4 Each FSP truck (or driver) shall be equipped with a cell phone/wireless radio that enables the FSP driver to communicate with Contractor's base office. These radios shall be supplied and maintained by Contractor and the cost for installation and repairs shall be paid for by Contractor.

6.7.5 Each FSP truck shall be equipped with a programmable scanner capable of scanning frequencies used by Caltrans and CHP. The scanner shall be provided, installed, maintained, repaired and replaced (as necessary) at the sole expense of the Contractor.

6.7.6 Each FSP truck shall be equipped with an automatic vehicle location (AVL) tracking unit (hereinafter referred to as “intelligent vehicle logic unit” or “IVLU”) capable of transmitting in real-time via wireless communications technology the vehicle’s relative location i.e., global position (GPS coordinates). A single IVLU with supporting power and communications cables will be assigned to Contractor for each FSP truck, including the required spare vehicles.

6.7.7 Each FSP truck shall be equipped with a portable laptop computer (hereinafter referred to as “mobile data terminal” or “MDT”) that is affixed to a lockable mobile docking platform located inside the truck cabin. A single MDT with supporting power and communications cables will be assigned to Contractor for each FSP truck, including the required spare vehicles. The MDT is capable of receiving, compiling, and transmitting motorist assist data that is input into the MDT’s proprietary Highway HelperTM FSP Mobile System software application by the FSP truck driver. Contractor shall ensure their drivers fulfill the reporting requirements described in the FSP SOP (refer to IFB Attachment F, Section XXIX, part E).

6.7.8 All IVLU and MDT units will be purchased and owned by SANDAG and operated by Contractor. IVLU and MDT units will require fixed-mount installation in the FSP trucks. Contractor shall cooperate with SANDAG’s preferred vendor/installer during the installation, testing, and periodic maintenance of these units. IVLU and MDT units shall


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be installed and commissioned fully operational prior to the start of PROJECT services. IVLU and MDT installation and upkeep charges will be paid by SANDAG.

6.7.9 Each FSP truck shall be equipped with an external speaker and public address system. The public address system shall have the capability of delivering clearly audible instructions from the cab and for the driver of the disabled vehicle to hear instructions transmitted from the FSP driver when the FSP truck is behind or near a disabled vehicle.

6.7.10 It is the Contractor‘s responsibility to notify SANDAG’s Project Manager (or his/her designee) within 48 hours in the event of an apparent radio, IVLU, or MDT equipment failure. Contractor shall ensure such contact is made following Contractor’s initial attempt at some basic troubleshooting measures (guidance to be provided to Contractor by SANDAG).

6.8 Spare Vehicle Requirements:

6.8.1 Contractor shall furnish spare tow or flatbed trucks at the ratio of one spare truck for every five regular trucks (1:5). This includes all tow trucks and/or flatbed trucks in Contractor’s fleet for all beats covered by this Agreement. (Note: the terms “back-up” and “spare” may be used interchangeably herein).

6.8.2 Spare vehicles are subject to all of the Requirements for regular trucks as described in Sections 6.2 through 6.7 of the Scope of Required Services of this Agreement, including, but not limited to required vehicle standards, tools, equipment and supplies; vehicle color, lettering and markings; mandatory communications equipment; rigor and frequency of inspections; and the provision that the number of flatbed trucks in Contractor’s fleet shall not exceed 50 percent of the total number of required trucks, including back-up trucks for all beats awarded to Contractor.

6.8.3 FSP back-up trucks shall be available for FSP operations and used whenever a regular FSP truck is unavailable for service. The back-up truck must be placed ‘in service’ on the beat within 45 minutes after a regular FSP truck is taken ‘out of service.’

6.8.4 Contractor shall not be paid for the 45-minute period while waiting for the back-up truck to be placed into FSP service. In addition, if the back-up truck is not ‘in service’ within 45 minutes, Contractor shall be penalized double the hourly contract rate in one hour increments until the regular FSP truck is replaced into service.

6.9 Requirements for Managing FSP Assets:

6.9.1 Contractor shall maintain a comprehensive Vehicle and Equipment Inventory (“Inventory”) at all times during the contract term, and shall furnish copies of said Inventory annually or upon request from SANDAG. The template for the Inventory will be provided by SANDAG, and its purpose shall be to serve as a repository of information for the documentation of Contractor-owned Equipment and Contractor-held SANDAG-owned assets that support FSP. Contractor shall ensure all requested fields are filled in as completely and accurately as possible and maintained current at all times, e.g., whenever Contractor experiences a change in its fleet or to any of the included equipment, Contractor shall make the necessary revisions and provide an updated copy of the Inventory to SANDAG. (Note: each successive version shall be distinguishable by a unique revision number).

6.9.2 Contractor shall be responsible for maintaining the security and condition of the vehicles, tools, equipment and supplies, FSP markings, and communications equipment associated with Contractor’s fleet of FSP trucks.


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6.9.3 Contractor shall be liable for the full replacement value or for repair costs incurred as a result of any damage, other than normal wear and tear that is sustained to the Contractor-held SANDAG-owned Assets. This shall include any equipment that is installed inside, outside, or otherwise associated with the FSP trucks and owned by SANDAG should that equipment be damaged beyond repair, stolen, or destroyed.

6.9.4 SANDAG shall deduct any outstanding repair or replacement costs from Contractor's payment for the month in which SANDAG must replace or repair the damaged or lost equipment.

6.9.5 Upon termination or at the conclusion of the Agreement, Contractor shall return all Contractor-held SANDAG-owned Assets that have been assigned to Contractor for use during said Agreement. This shall include, but is not limited to, the following items:

6.9.5.1 FSP markings – replacement value: $6 each sign;

6.9.5.2 RCS mobile radios – replacement value: $3,500 each radio;

6.9.5.3 IVLU/MDT units, with supporting mounts, power and communications equipment – replacement value for complete IVLU/MDT system: $10,000 each vehicle;

6.9.5.4 Highway HelperTM software instruction manuals – replacement value: $5 each.

6.9.6 The cost of any CHP-owned, Caltrans-owned, or SANDAG-owned equipment not returned within 30 days of contract termination shall be deducted from Contractor's final payment in the amounts shown above. For any item(s) other than those shown above, the amount to be deducted shall be based upon the fair market value (FMV) of said item(s) as determined by SANDAG.

6.9.7 If after 30 days Contractor returns the missing equipment, and provided said equipment is not damaged, SANDAG will reimburse Contractor for the previously-deducted replacement value minus one percent (1%) for each additional day the equipment is late in being returned. After the 130th day from contract termination, SANDAG will not reimburse Contractor for any of these expenses.

6.10 FSP Driver Requirements:

6.10.1 All FSP drivers shall be 18 years or older, shall have a safe driving record, and shall have a current California driver's license (minimum Class C).

6.10.2 All FSP drivers, prior to working for the FSP Program, shall be subjected to both driving and criminal history checks. Currently, the cost of the two background checks is $50.00 per driver. Said costs are the sole responsibility of Contractor. Contractor shall pay for these costs prior to the beginning of each driver’s initial FSP training class.

6.10.3 All FSP drivers will be required to present either a birth certificate or social security card, or other forms of verification of legal residence, as stated in Title 13, Section 15.00 of the California Code of Regulations (CCR), to satisfy the requirements of the Federal Welfare Law (FWL). For FSP drivers whose driver licenses were issued by DMV prior to 1994, the FSP Coordinator shall systematically verify and document that those FSP drivers are in compliance with FWL.

6.10.4 FSP drivers shall be experienced in tow truck operations and more generally in providing motorist aid services. This requirement includes proficiency with all tow truck and flatbed truck equipment (described in Sections 6.2 and 6.3 of this Agreement). Unless otherwise cleared by the CHP, all FSP drivers must demonstrate their truck and


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equipment operating capabilities prior to working their first FSP shift. Additionally, FSP drivers are required to exercise good, sound judgment in carrying out their assigned duties. When necessary, the CHP, Caltrans, and/or SANDAG reserve the right to remove any driver from FSP operations.

6.10.5 FSP drivers shall complete an inspection of his/her assigned truck prior to the start of each FSP shift. This inspection shall include the completion of CHP form 234-D, FSP Daily Inspection Report (See Attachment SOP-1 of the Standard Operating Procedures that were included as Attachment F to the IFB). Any missing or defective items shall be replaced prior to the start of the FSP shift.

6.10.6 FSP drivers shall continuously patrol their assigned beat, and shall notify the CHP COMM Center when off the beat. This includes replenishing expendable items such as gasoline, removing a disabled vehicle to a drop location, etc. Each FSP driver shall complete the appropriate report for each incident or motorist assisted according to the reporting procedures described in the FSP SOP (IFB Attachment F, Section XXIX).

6.10.7 The CHP, Caltrans, and SANDAG maintain strict drug and alcohol policies. Any FSP driver found working under the influence of alcohol and/or drugs will be dismissed immediately. When necessary, the CHP may also file criminal charges against that driver.

6.10.8 All FSP beats require standby drivers. Contractor is responsible for ensuring that there are enough standby drivers available to cover the Contracted beat(s). When necessary, and with the approval of the CHP, the standby driver provision may be waived until the next available FSP training class.

6.10.9 Contractor shall ensure that Contractor’s assigned Operations Manager and all FSP drivers, including standby drivers, drivers with seniority or those in positions of added responsibility (e.g., lead drivers, driver supervisor, etc.), complete a mandatory two-day FSP initiation training, to be completed upon hiring or appointment to the FSP program and before the driver works his/her first shift. The initiation training will be conducted by the FSP Coordinator(s) and offered on an ‘as-needed’ basis.

6.10.10 No FSP driver shall begin working an FSP beat without prior successful completion of the FSP initiation training. Any FSP driver who is found on patrol without prior successful completion of the initiation training shall be prohibited from further FSP service. Additionally, failure to ensure compliance with this requirement will subject Contractor's Agreement with SANDAG to immediate termination by SANDAG.

6.10.11 Per CVC statute, eight (8) hours of FSP refresher training is required annually for all FSP drivers, including standby drivers, drivers with seniority or those in positions of added responsibility (e.g., lead drivers, driver supervisor, operations manager, etc.). The annual refresher training will normally be achieved through attendance of four, two-hour training seminars that the FSP Coordinator(s) offer each year on a quarterly basis. The quarterly refresher training will be held during non-FSP hours. Alternatively, drivers who miss one or more of the refresher trainings can request a make-up class or make arrangements with the FSP Coordinator to attend the next initiation training.

6.10.12 There is no enrollment fee to Contractor for sending its drivers to the mandatory initiation or quarterly refresher trainings; however, Contractor shall compensate each of its staff for the hours he/she spends in FSP training. Contractor is not eligible for reimbursement of these costs from SANDAG, Caltrans, or the CHP.

6.11 Driver Uniform Requirements:


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6.11.1 It is Contractor’s responsibility to ensure or to provide at its sole expense, the required FSP uniform (which consists of jumpsuits, traffic vests, rain gear, boots, etc., as specified in the following Sections 6.11.2 through 6.11.X) to all drivers working the FSP program.

6.11.2 During FSP hours, FSP drivers shall wear the FSP uniform at all times. If an FSP driver is out of uniform, or is wearing an incomplete uniform, that driver shall be removed from FSP service immediately. Contractor shall have 45 minutes in which to provide an FSP-certified standby driver, or to correct the uniform problem.

6.11.3 No FSP driver shall wear the FSP uniform at any time other than during normal FSP hours; Under no circumstance shall the FSP driver wear his/her FSP uniform while performing non-FSP motorist assistance services outside of the FSP program. The FSP uniform, or that which identifies the FSP driver as an FSP employee, shall be removed as promptly as possible following completion of the FSP shift.

6.11.4 FSP drivers may wear either navy blue jumpsuits or navy blue shirt and pants. Only T-shirts that are white or navy blue in color may be worn underneath the uniform shirt/coverall.

6.11.5 Jumpsuits shall be either H.D. Lee Company Style Number 018-3041 or Commercial Uniform Company Style Number 201, or equivalent. All main seams shall be at least double stitched with good quality thread. Jumpsuits shall have a two-way zip front with a heavy-duty brass zipper. Jumpsuits should be short-sleeved. Sleeves shall be half raglan type or set-in sleeve with a pleat-action back. Short sleeve length shall come to within one inch of the inside forearm when the wearer's arm is bent at a 90 degree angle. Jumpsuits shall have a shape holding sanforized waistband with elastic inserts for a trim fit. Legs shall be moderately tapered to avoid a baggy appearance. Jumpsuits may have either one or two chest pockets. Single pocket jumpsuits shall have the chest pocket on the left side. In addition, reflective white stripes shall be sewn around both sleeve cuffs and both leg cuffs.

6.11.6 Shirt/pants combinations shall meet the basic requirements listed above for the jumpsuits.

6.11.7 All FSP drivers shall wear black general duty work boots with protective steel toes. The boots will be kept clean and polished with a professional appearance.

6.11.8 During cold weather, a navy blue sweater or sweatshirt may be worn under the uniform shirt/coverall. A navy blue jacket may also be worn over the jumpsuit or shirt, provided it meets the uniform specifications, with regards to reflective striping on sleeve cuffs.

6.11.9 Rain gear shall be waterproof material, yellow in color. Reflective white stripes shall be applied to both sleeve cuffs, both leg cuffs, and across the upper back. The FSP logo (patch) and nametags are not required on the rain gear.

6.11.10 FSP drivers while working FSP beats may wear navy blue baseball hats which dawn the FSP logo. The hats are provided by SANDAG, and no other hats are authorized. The hats shall be returned at the termination of the contract.

6.11.11 Contractor shall supply orange or lime green reflectorized traffic vests to be worn by FSP drivers at all times during FSP operations. Vests shall have reflective striping on both the front and back sides. The FSP driver’s name shall be clearly visible and either sewn on or attached to the upper right-hand portion of the vest. Additionally, Contractor shall ensure vests have the FSP logo (patch) applied to the front and back sides, as


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follows: the small FSP patch shall be sewn on the upper left-hand portion of the vest; and the large FSP patch shall be sewn on the upper back centered below the shoulders.

6.11.12 All FSP drivers will be assigned an FSP identification number (“I.D.”) and issued an I.D. card and card holder/sleeve by the CHP. The FSP I.D. card/sleeve shall be displayed where visible in the upper right hand region of the reflectorized vest during all FSP operating hours. Additionally, a valid California Driver’s License and DL 64 (Tow Truck Driver Clearance Certificate) shall remain in the FSP driver’s possession at all times during FSP operations.

6.11.13 If awarded “Driver of the Month” or other similar honors, the pin or emblem may be worn on the right chest pocket area of the safety vest.

6.11.14 FSP uniforms shall be kept clean and neat; and FSP drivers shall maintain a professional appearance at all times.

6.12 Local Office Requirement:

6.12.1 Contractor shall provide, at its sole expense, a local office that is located within close proximity to the FSP service area, i.e., within the metropolitan San Diego area.

6.12.2 Contractor shall ensure the local office is equipped with telephone, facsimile, broadband Internet, and email service, for contract administration purposes.

6.12.3 Contractor shall ensure its local office is staffed by either Owner/Principle or by other person(s) who have the authority to conduct business and make decisions on behalf of Contractor.

6.12.4 Contractor shall keep local office business hours that coincide with the normal hours of FSP operation. During non-business (i.e., non-FSP) hours, Contractor shall ensure an answering machine or voice-answering service is available to log calls, take complaints, etc.

6.12.5 All of Contractor’s overhead expenses for operation of the local office and administration of its business shall be provided at the sole expense of Contractor.

6.13 Contractor Compliance:

6.13.1 Contractor must comply with all federal, state, and local laws and regulations governing the operation of a towing service - specifically, Sections 2430 through 2440 of the CVC which describe the FSP Program, including contractor requirements. (Note: some of those requirements include, but are not limited to, the requirements of Section 6.13.2 through 6.13.4, below).

6.13.2 Contractor shall maintain an FSP driver file, including copies of FSP tow truck operator and training certificates (2430.5(c) and 2436.7(c) CVC).

6.13.3 Contractor shall maintain an employee roster for FSP operations. The roster shall include the names and CHP assigned FSP driver I.D.’s for all FSP drivers which have a valid tow truck operator’s certificate, as well as the names of all those employees which would be prohibited from participating in FSP operations (2430.5(c) CVC).

6.13.4 Contractor shall maintain a personnel roster listing all current FSP drivers and their dates of hire (2430.5(c) CVC).


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Exhibit B

PAYMENT AND ACTIVITY SCHEDULE

This Agreement is for Class A tow trucks, flatbed trucks, and spare trucks; serving the following beats for the specified number of hours and at the rates shown below: Beat Description Annual VSH

1 Cost Per VSH 2

1 I-805 South 4,160 hrs. [TBD] 2 I-5 South/SR-905 Spur 4,160 hrs. [TBD] 3 SR-54/SR-125 4,160 hrs. [TBD] 4 SR-94/I-5 Centre City 4,160 hrs. [TBD] 5 I-15 South/15-52-163 Triangle 4,160 hrs. [TBD] 6 SR-163/SR-52 E-of-163 4,160 hrs. [TBD] 7 I-8 4,160 hrs. [TBD] 8 I-5 Mid-Coast/SR-52 W-of-163 4,160 hrs. [TBD] 9 I-805 North/I-5 N-of-805 4,160 hrs. [TBD] 10 SR-56 2,080 hrs. [TBD] 11 I-5 North 4,160 hrs. [TBD] 12 I-15 North 4,160 hrs. [TBD] 13 SR-78 4,160 hrs. [TBD] Task Order Duration Time Period VSH Estimated Amount 3 1 1 year 7/01/2005 – 6/30/2006 52,000 $ [TBD] 2 1 year 7/01/2006 – 6/30/2007 52,000 $ [TBD] 3 1 year 7/01/2007 – 6/30/2008 52,000 $ [TBD] 4 1 year 7/01/2008 – 6/30/2009 52,000 $ [TBD] 5 1 year 7/01/2009 – 6/30/2010 52,000 $ [TBD] TOTAL: 5 yrs. 7/01/2005 – 6/30/2010 [TBD] $ [TBD]

1 ‘Annual VSH’ represents the total number of vehicle service hours in a 12-month period (Task Order) for all trucks on the particular beat(s). Assumes an annual level of service standard of 2,080 VSH per truck.

2 ‘Cost Per VSH’ represents Contractor’s firm, fixed rate per hour per truck, excluding back-up truck(s), for provision of services on each beat during the Base Period.

3 ‘Estimated Amount’ derived as follows:

[‘Annual VSH’ (BEAT 1) x ‘Cost Per VSH’ (BEAT 1)] + [‘Annual VSH’ (BEAT 2) x ‘Cost Per VSH’ (BEAT 2)] +…(BEAT 3) +…(BEAT 4) +…

Note: ‘Cost Per VSH’ for optional FSP Construction Mitigation Services shall be adjusted from the Base Period ‘Cost Per VSH’ according to the average annual percentage increase or decrease of the San Diego Consumer Price Index for Urban Wage Earners (CPI-U), Transportation series data.


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Exhibit C

CERTIFICATES OF INSURANCE and

ADDITIONAL INSURED ENDORSEMENTS

The certificates must be provided by the Contractor before the contract is signed.


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Exhibit D

CERTIFICATIONS ON LOBBYING

Name of Applicant: __________________________________________________________________________ Name of Authorized Representative: __________________________________________________________ Relationship of Authorized Representative: ____________________________________________________ An Applicant that submits, or intends to submit this fiscal year, an application for U.S. DOT assistance exceeding $100,000 must provide the following certification. U.S. DOT may not provide federal assistance for an application exceeding $100,000 until the Applicant provides certification of the following by signing the signature page at the end of this document.

In accordance with U.S. DOT regulations, “New Restrictions on Lobbying,” at 49 CFR 20.110, 49 CFR Part 19, Appendix A, and the Lobbying Disclosure Act of 1995, for each application for federal assistance exceeding $100,000, the Applicant’s authorized representative certifies to the best of his or her knowledge and belief that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the

Applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal grant or cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement.

B. If any funds other than federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Applicant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions (as amended by “Government Wide Guidance for New Restrictions on Lobbying” 61 Fed. Reg. 1413 (1/19/96)).

C. The Applicant shall require that the language of this certification be included in the award documents for each subaward at any tiers (including subcontracts, subgrants, sub-agreements, and contracts under grants and cooperative agreements financed with U.S. DOT assistance) and that each sub-recipient shall certify and disclose accordingly.

The Applicant understands that: (1) This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into; (2) Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352 (as amended by the Lobbying Disclosure Act of 1995); and (3) Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.


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In signing this document, I declare under the penalty of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant, are true and correct. In addition, Applicant understands and agrees that the provisions of 31 U.S.C. §3801, et seq., apply to this certification and disclosure, if any. Date: ______________________________ _________________________________________________ Authorized Representative of Applicant


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Exhibit E

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

Name of Applicant: __________________________________________________________________________ Name of Authorized Representative: __________________________________________________________ Relationship of Authorized Representative: ____________________________________________________ In accordance with the provisions of U.S. Department of Transportation (U.S. DOT) regulations on Government-wide Debarment and Suspension (Non procurement) at 49 CFR 29.510, the Applicant (Participant) agrees as follows: A. By signing and submitting this certification, the Participant is providing the certification set

out below. B. The certification in this clause is a material representation of fact upon which reliance was

placed when this transaction was entered into. If it is later determined that the Participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

C. The Participant shall provide immediate written notice to the person to which this

certification is submitted if at any time the Participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

D. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered

transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact SANDAG for assistance in obtaining a copy of those regulations.

E. The Participant agrees by submitting its proposal that, should the proposed covered

transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by SANDAG.

F. Participant further agrees by submitting this proposal that it will include this Article in all

lower tier covered transactions and in all solicitations for lower tier covered transactions. G. A participant in a covered transaction may rely upon a certification of a prospective

participant in a lower tier covered transaction that it is not proposed for debarment under 48


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CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

H. Nothing contained in the foregoing shall be construed to require establishment of a system

of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

I. Except for transactions authorized under paragraph e of these instructions, if a participant in

a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

J. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower

Tier Covered Transactions

1. The prospective lower tier participant certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where Participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to its proposal.

In signing this document, I declare under the penalty of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Participant are true and correct. Date: ______________________________ _________________________________________________ Authorized Representative of Applicant

71

STATE OF CALIFORNIA – DEPARTMENT OF TRANSPORTATION Exhibit F

FINAL REPORT – UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST-TIER SUBCONTRACTORS (FEDERALLY FUNDED PROJECTS) CP-CEM-2402(F) (REV. 10/99) CT#7541-3502-2 CONTRACT NUMBER

COUNTY

ROUTE

POST MILES/POST KILOMETERS

FEDERAL AID PROJECT No.

ADMINISTERING AGENCY

CONTRACT COMPLETION DATE

PRIME CONTRACTOR

BUSINESS ADDRESS

ESTIMATED CONTRACT AMOUNT $

CONTRACT PAYMENTS

ITEM

NO.

DESCRIPTION OF

WORK PERFORMED

AND MATERIALS

PROVIDED

SUBCONTRACTOR NAME

AND BUSINESS ADDRESS

DBE CERT.

NO. NON-DBE DBE* DBE, SMBE* DBE, SWBE* DBE, SMBE,

SWBE*

DATE WORK

COMPLETE

DATE OF

FINAL

PAYMENT

ORIGINAL COMMITMENT:

$ $

TOTAL

$

$

$

$

$

DBE

$

DBE, SMBE

$

DBE, SWBE DBE, SMBE, SWBE

*The decision of which column to be used for entering the DBE dollar value is based on what Program (s) the firm is Certified. This Program status is determined by the Civil Rights Certification Unit based on ethnicity, gender, ownership and control issues at time of certification. The certified firm is issued a certificate by the Civil Rights unit that states their program status as well as the firms Expiration Date. DBE Program status may be obtained by accessing the Civil Rights website (http://www.dot.ca.gov/hq/bep/) and downloading the Calcert Extract or by calling 916 227 2207.

List all First Tier Subcontractors, Disadvantaged Business Enterprises (DBE’s) regardless of tier, whether or not the firms were originally listed for goal credit. If actual DBE utilization (or item of work) was different than that approved at time of award, provide comments on a separate page. List actual amount paid to each DBE, even if different than originally listed for goal credit. Definitions: SMBE (Small Minority Business Enterprises) and SWBE (Small Woman-Owned Business Enterprises)

I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT

CONTRACTOR REPRESENTATIVE SIGNATURE

BUSINESS PHONE NUMBER

DATE

TO THE BEST OF MY KNOWLEDGE THE ABOVE INFORMATION IS COMPLETE AND CORRECT

RESIDENT ENGINEER SIGNATURE

BUSINESS PHONE NUMBER

DATE

Distribution: (1) Original plus one copy to DLAE included in the Report of Expenditures (original forwarded to Division of Structures, Office of External Liaison and Agreements)

(2) Copy – local agency project files (3) Copy – OLP Area Enginee


72

SUBCONTRACTOR LIST – IFB ATTACHMENT B

The proposal shall include a complete list of all proposed subcontractors. All subcontractors listed must be provided a meaningful element of work within the defined scope of work. Changes to this Subcontractor List will not be allowed without prior written approval from SANDAG. All businesses, including prime contractors, claiming MBE/WBE/DBE status must be certified by Caltrans, by another qualified Department of Transportation recipient, or other certifying public agency at the time the proposal is submitted.

PROPOSED CONTRACTORS

MBE/WBE/DBE

Subcontractor Certifying

Agency

Gender Ethnicity* Scope of

Work

Approved % of

Project Cost

*Use following numeric designations to denote Ethnicity 1. Asian-Indian 3. Black 6. Native American 8. Other 1a India 6a American Indian 1b Pakistan 4. Caucasian 6b Eskimo 1c Bangladesh 6c Aleut 5. Hispanic 6d Native Hawaiian 2. Asian-Pacific 5a Cuba 2a Japan 5b Dominican Republic 7. Pacific-Islanders 2b China 5c Spain 7a Samoa


73

2c Taiwan 5d Portugal 7b Guam 2d Korea 5e Puerto Rico 7c Philippines 2e Laos 5f Mexico 7d Northern Marianas 2f Cambodia 5g Central or 7e U.S. Trust Territories 2g Vietnam South America of the Pacific


74

BIDDER-DBE-INFORMATION – IFB ATTACHMENT C – 1

This information should be submitted with your bid proposal. If it is incomplete, it must be submitted and received before you can be awarded a contract. Failure to submit the required DBE information may be grounds for finding the proposal nonresponsive.

FEDERAL-AID PROJECT NO.

BID AMOUNT: $

BID OPENING DATE:

BIDDER'S NAME:

DBE GOAL FROM CONTRACT (if applicable):

CONTRACT ITEM NO.

ITEM OF WORK AND

DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR

MATERIALS TO BE PROVIDED 2

DBE

CERT. NO.

NAME OF DBEs

(Must be certified on the date bids are

opened - include DBE address and phone

number) 1

DOLLAR AMOUNT

DBE

IMPORTANT: Identify all DBE firms being claimed for credit,

regardless of tier. Copies of the DBE quotes are required. Names of

the First Tier DBE Subcontractors and their respective item(s) of

work listed above shall be consistent with the names and items of

work in the "List of Subcontractors" submitted with your bid

pursuant to the Subcontractors Listing Law and the Special

Provisions.

Total Claimed

Participation

$__________

__________%


75

1. DBE prime contractors shall enter their DBE certification number. DBE

prime contractors shall indicate all work to be performed by DBEs including

work performed by its own forces.

2. If 100% of item is not to be performed or furnished by DBE, describe exact

portion of item to be performed or furnished by DBE.

_______________________________ Signature of Bidder

_______________________________ Date (Area Code) Tel. No.

_______________________________ Person to Contact (Please Type or Print)

CT Bidder - DBE Information (Rev02-07-01)


76

DBE INFORMATION – GOOD FAITH EFFORTS – IFB ATTACHMENT C – 2

Project Description ______________________________ Bid Opening Date ___________________ SANDAG has established a Disadvantaged Business Enterprise (DBE) goal of _____% for this project. The information provided herein shows that a good faith effort was made. A. The names and dates of each publication in which a request for DBE participation for this

project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Publications Dates of Advertisement

B. The names and dates of written notices sent to certified DBEs soliciting bids for this project

and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names of

DBEs Solicited

Date of Initial

Solicitation

Follow Up Methods and Dates

C. The items of work which the bidder made available to DBE firms, including, where

appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms.

Items of Work Breakdown of Items


77

D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, and the firms selected for that work (please attach copies of quotes from the firms involved):

Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:

Names, addresses and phone numbers of firms selected for the work above:

E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and

any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs:

F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials,

or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:

G. The names of agencies, organizations or groups contacted to provide assistance in contacting,

recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of

Agency/Organization Method/Date of

Contact Results


78

H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary):


79

PRICE SUMMARY SHEET – IFB ATTACHMENT D-1

COMPANY NAME: MAILING ADDRESS: STREET CITY, STATE ZIP

TELEPHONE/FACSIMILE/EMAIL: ( ) - / - / TEL FAX EMAIL SIGNATURE OF PERSON AUTHORIZED TO BIND OFFEROR DATE SIGNATURE’S NAME AND TITLE NAME TITLE BUSINESS LICENSE #: LICENSE CLASSIFICATION ___________________

INSTRUCTIONS: On this form, please provide your offer price [rate per vehicle service hour (VSH)] for each beat you would like to be considered for contract award. The VSH rates quoted shall constitute the offerer’s firm, fixed price to perform the services outlined in this IFB and its Attachments. Prices quoted are for the Base Period and will be considered firm for the duration of the Base Period. Please indicate bidder’s Price per Vehicle Service Hour (VSH) below to provide Freeway Service Patrol (FSP) Regional Towing Services on Beats 1, 2, 3, 4, 5, 6, 7, 8 , 9, 10, 11, 12, and/or 13. Bidders are not required to submit pricing for all beats but are encouraged to do so:

BEAT VSH RATE1

1 $_____________/VSH

2 $_____________/VSH

3 $_____________/VSH

4 $_____________/VSH

5 $_____________/VSH

BEAT VSH RATE1

6 $_____________/VSH

7 $_____________/VSH

8 $_____________/VSH

9 $_____________/VSH

10 $_____________/VSH

BEAT VSH RATE1

11 $_____________/VSH

12 $_____________/VSH

13 $_____________/VSH

1 VSH RATE should take into consideration all labor, vehicles, tools, supplies, equipment, insurance, training, expendable items, incidentals, contingencies, etc. Please refer to Articles III, IV, and V, and Attachment A (Standard Agreement) for this IFB to ensure that you have covered all possible costs in your proposal.

PLEASE INITIAL: This offer shall remain firm for days from the date of proposal. (Minimum 120)


80

PRICE SUMMARY SHEET – IFB ATTACHMENT D-1 (CONTINUED)

COMPANY NAME: TOTAL # OF TOW TRUCKS IN PROPOSAL:

REGULAR: BACK-UP:

TOTAL # OF FLATBED TRUCKS IN PROPOSAL:

REGULAR: BACK-UP:

VEHICLE INFORMATION:

Year Manufacture Model V.I.N. Mileage

1. _______ _______________________ ____________ ___________________ ______________ 2. _______ _______________________ ____________ ___________________ ______________ 3. _______ _______________________ ____________ ___________________ ______________ 4. _______ _______________________ ____________ ___________________ ______________ 5. _______ _______________________ ____________ ___________________ ______________ 6. _______ _______________________ ____________ ___________________ ______________ 7. _______ _______________________ ____________ ___________________ ______________ 8. _______ _______________________ ____________ ___________________ ______________ 9. _______ _______________________ ____________ ___________________ ______________ 10. _______ _______________________ ____________ ___________________ ______________ 11. _______ _______________________ ____________ ___________________ ______________ 12. _______ _______________________ ____________ ___________________ ______________ 13. _______ _______________________ ____________ ___________________ ______________ 14. _______ _______________________ ____________ ___________________ ______________ 15. _______ _______________________ ____________ ___________________ ______________ 16. _______ _______________________ ____________ ___________________ ______________ 17. _______ _______________________ ____________ ___________________ ______________ 18. _______ _______________________ ____________ ___________________ ______________ 19. _______ _______________________ ____________ ___________________ ______________ 20. _______ _______________________ ____________ ___________________ ______________ 21. _______ _______________________ ____________ ___________________ ______________ 22. _______ _______________________ ____________ ___________________ ______________ 23. _______ _______________________ ____________ ___________________ ______________ 24. _______ _______________________ ____________ ___________________ ______________ 25. _______ _______________________ ____________ ___________________ ______________ 26. _______ _______________________ ____________ ___________________ ______________ 27. _______ _______________________ ____________ ___________________ ______________ 28. _______ _______________________ ____________ ___________________ ______________ 29. _______ _______________________ ____________ ___________________ ______________ 30. _______ _______________________ ____________ ___________________ ______________

PLEASE INITIAL: I acknowledge receipt of IFB ______________ and Addenda No.(s)____________


81

BID WORKSHEET – IFB ATTACHMENT D-2

COMPANY NAME: MAILING ADDRESS: STREET CITY, STATE ZIP

TELEPHONE/FACSIMILE/EMAIL: ( ) - / - / TEL FAX EMAIL SIGNATURE OF PERSON AUTHORIZED TO BIND OFFEROR DATE SIGNATURE’S NAME AND TITLE NAME TITLE BUSINESS LICENSE #: LICENSE CLASSIFICATION ___________________

INSTRUCTIONS: On this form, please identify all direct and indirect costs and profit the offerer anticipates for each beat to perform services during the Base Period as described in this IFB and its Attachments. The “TOTAL COST FOR TOTAL NUMBER OF TRUCKS” should be equal to the offerer’s quoted VSH RATE – as reported on IFB Attachment D-1 (Price Summary Sheet) – multiplied by the Total Number of VSH (i.e., ANNUAL VSH x 5) for each beat offerer has submitted pricing for. Please insert bidder’s TOTAL COST FOR TOTAL NUMBER OF TRUCKS for each beat below:

BEAT TOTAL COST1

1 $_____________/VSH

2 $_____________/VSH

3 $_____________/VSH

4 $_____________/VSH

5 $_____________/VSH

BEAT TOTAL COST1

6 $_____________/VSH

7 $_____________/VSH

8 $_____________/VSH

9 $_____________/VSH

10 $_____________/VSH

BEAT TOTAL COST1

11 $_____________/VSH

12 $_____________/VSH

13 $_____________/VSH

1 ’TOTAL COST’ should should match the same figures (Total Cost For Total Number Of Trucks) in the detailed cost breakdown tables that follow, which include all direct and indirect costs and profit the proposer anticpates for provision of labor, vehicles, tools, supplies, equipment, insurance, training, expendables, incidentals, overhead, profit, etc. Please refer to Articles III, IV, and V, and Attachment A (Standard Agreement) of this IFB to ensure that you have covered all possible costs in your proposal.

PLEASE INITIAL:


82

BID WORKSHEET – IFB ATTACHMENT D-2 (CONTINUED)

COMPANY NAME: This space reserved for comments and additional notes concerning Offerer’s BID WORKSHEETs and Price Summary Sheet:

PLEASE INITIAL:


83


1. Beat 1: I-805 South Term: July 1, 2005 thru June 30, 2010

Items Unit No. of Units

Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour

Personnel and Administration A. Driver Labor Hour

Wages SSA, Workers Comp, Taxes

SUM “A” $ B. Driver Benefits Hour

Vacation/Holiday Healthcare, 401K, etc.

SUM “B” $ C. Management Expense (Loaded) SUM “C” $ D. Maintenance Labor (Loaded) SUM “D” $ E. Insurance Year 5.0

General Liability Automobile Liability Workers Compensation Other Insurance /Licenses /Fees SUM “E” $

F. Misc. Employee Cost & Admin SUM “F” $

SUBTOTAL (Personnel & Administration): = ( A+B+C+D+E +F ) $

Capital Expense A. Class A Tow Truck(s)/Flatbed Truck Truck 2.4

Lease or Purchase Price Finance Charge Taxes, License, Title

SUM “A” $ B. Materials

Tools, Equipment, Supplies

Colors, Lettering, Markings

Communication Equipment SUM “B” $ C. Local Office – Purchase or Lease

Security Deposit or Closing Cost SUM “C” $ D. Misc. Capital Expense SUM “D” $

SUBTOTAL (Capital Expense): = ( A+B+C+D ) $


84


1. Beat 1: I-805 South Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour

Operating Expense A. Office Expenditures Month

Lease or Mortgage Expense Utilities Expense

SUM “A” $ B. Direct Costs

Uniforms Training/Certifications Fuel- Pickup Trucks Fuel- Motorist Fluid, Lubricants Tires, Parts Reprographics Incidentals

SUM “B” $ C. Misc. Operating Expenses

SUM “C” $ D. Subcontractor Services

Vehicle Maintenance Vehicle Washing Other:

SUM “D” $ SUBTOTAL (Operating Expense): = ( A+B+C+D ) $

Cost Proposal Summary Calculation Sub-total Cost ( = Personnel/Admin + Capital Expense + Operations Expense)

$

Less Depreciated Capital (if $

Plus Overhead & Profit (OH&P) $

Plus Contingency (if applicable) $

Net Cost ( = Sub-total Cost – Capital Depreciation + OH&P + Contingency)

$

TOTAL COST FOR TOTAL NO OF TRUCKS: BEAT 1 $

Divide by Total Vehicle Service Hours VSH 20,800

PRICE PER VEHICLE SERVICE HOUR ($/VSH): BEAT 1 $


85


2. Beat 2: I-5 South/SR-905 Spur Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour


















86


2. Beat 2: I-5 South/SR-905 Spur Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour










$





$





87


3. Beat 3: SR--54/SR-125 Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour


















88


3. Beat 3: SR--54/SR-125 Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour










$





$





89


4. Beat 4: SR—94/I-5 Centre City Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour


















90


4. Beat 4: SR—94/I-5 Centre City Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour










$





$





91


5. Beat 5: I-15 South/15-52-163 Triangle Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour


















92


5. Beat 5: I-15 South/15-52-163 Triangle Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour










$





$





93

BIDWORKSHEET – IFB ATTACHMENT D-2 (CONTINUED)

4. Beat 6: SR-163/SR-52 E-of-163 Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour


















94


4. Beat 6: SR-163/SR-52 E-of-163 Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour










$





$





95


4. Beat 7: I-8 Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour


















96


4. Beat 7: I-8 Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour










$





$





97


4. Beat 8: I-5 Mid-Coast/SR-52 W-of-163 Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour


















98


4. Beat 8: I-5 Mid-Coast/SR-52 W-of-163 Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour










$





$





99


4. Beat 9: I-805 North/I-5 N-of-805 Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour


















100


4. Beat 9: I-805 North/I-5 N-of-805 Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour










$





$





101


4. Beat 10: SR-56 Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour









Capital Expense A. Class A Tow Truck(s) Truck 1.2









102




Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour










$





$





103


4. Beat 11: I-5 North Term: July 1, 2005 thru June 30, 2010


Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour


















104




Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour










$





$





105




Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour


















106




Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour










$





$





107




Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour


















108




Cost ($) per Unit

Total Cost ($)

Cost ($) per Hour










$





$





109

MAP OF FSP BEAT LOCATIONS – IFB ATTACHMENT E-1


110

FSP BEAT DESCRIPTIONS – IFB ATTACHMENT E-2

TABLE i. BEAT ALIGNMENTS AND LENGTHS (IN MILES):

No. of Trucks

3

Beat No.

1

Route/ Segment

Areas Served2

Road Post Miles

Segment Length

Beat Length

Class A

To

w

Flatbed

Spare

1 I-805 Jct. Rte. 5 to Murray Ridge Rd. R0.5 – R18.9 18.4 mi. 18.4 mi. 1 - 2 0 - 1 .4 eq

I-5 Cam. de la Plaza to Pershing Dr. R0.3 – R15.4 15.1 mi.2

SR-905 Oro Vista Rd. to Jct. Rte. 805 R3.2 – R5.2 2.0 mi.17.1 mi. 1 - 2 0 - 1 .4 eq

SR-54 Jct. Rte. 5 to Jct. Rte. 125 R0.0 – R5.8 5.8 mi.I-5 Jct. Rte. 54 to 24th St. (National City) R9.4 – R10.0 0.6 mi.3

SR-125 Jct. Rte. 54 to Grossmont College Dr. R9.2 – R20.4 11.2 mi.17.6 mi. 1 - 2 0 - 1 .4 eq

SR-94 Jct. Rte. 5 to Via Mercado R1.4 – R13.6 12.2 mi.4

I-5 Jct. Rte. 94 to Sea World Dr. R15.0 – R20.8 5.8 mi.18.0 mi. 1 - 2 0 - 1 .4 eq

I-15 Main St. (S.D.) to Carroll Canyon Rd. -0.2 – R15.0 15.2 mi.SR-163 Jct. Rte. 52 to Jct. Rte. 15 R9.6 – R11.7 2.1 mi.5

SR-52 Jct. Rte. 163 to Jct. Rte. 15 R6.7 – R7.3 0.7 mi.

18.0 mi. 1 - 2 0 - 1 .4 eq

SR-163 A St. (S.D.) to Jct. Rte. 52 R0.5 – R9.6 9.1 mi.SR-52 Jct. Rte. 163 to Jct. Rte. 125 R6.6 – R14.0 7.4 mi.6

SR-125 Grossmont College Dr. to Jct. Rte. 52 R20.4 – R22.2 1.8 mi.18.3 mi. 1 - 2 0 - 1 .4 eq

7 I-8 Sunset Cliffs Blvd. to Lake Jennings Park Rd.

R0.4 – R21.8 21.4 mi. 21.4 mi. 1 - 2 0 - 1 .4 eq

I-5 Sea World Dr. to Carmel Valley Rd. R20.8 – R32.9 12.1 mi.8

SR-52 Jct. Rte. 5 to Jct. Rte. 163 R0.3 – R6.6 6.3 mi.18.4 mi. 1 - 2 0 - 1 .4 eq

I-805 Murray Ridge Rd. to Jct. Rte. 5 R18.9 – R28.5 9.6 mi.9

I-5 Jct. Rte. 805 to Lomas Santa Fe Dr. R30.7 – R37.4 6.7 mi.16.3 mi. 1 - 2 0 - 1 .4 eq

10 SR-56 Jct. Rte. 5 to Rancho Carmel Dr. R0.0 – R9.5 9.5 mi. 9.5 mi. 1 0 .2 eq

11 I-5 Lomas Santa Fe Dr. to Harbor Dr. R37.4 – R54.4 17.0 mi. 17.0 mi. 1 - 2 0 - 1 .4 eq

12 I-15 Carroll Canyon Rd. to El Norte Pkwy. R15.0 – R32.9 17.9 mi. 17.9 mi. 1 - 2 0 - 1 .4 eq

13 SR-78 Jct. Rte. 5 to Broadway (Escondido) R0.0 – R17.7 17.7 mi. 17.7 mi. 1 - 2 0 - 1 .4 eq

All Beats San Diego Regional FSP Routes Total Miles Patrolled: 225.6 mi. 13

412. 5

5


111

FSP BEAT DESCRIPTIONS – IFB ATTACHMENT E-2 (CONTINUED)

TABLE II. WORKING DAYS (ALL BEATS):

Working Days: 6 Status:

Weekdays (Mon. - Fri.) Service

Weekends (Sat. & Sun.) No service

TABLE III. OPERATING HOURS (ALL BEATS):

Shift: Hours:

Morning Shift 5:30 - 9:30 a.m.

Evening Shift 3:00 - 7:00 p.m. Notes: 1 At any time during the term of a contract that is awarded as a result of this IFB, SANDAG reserves the right to

adjust beat specifications to better accommodate demands for FSP tow and flatbed truck services. These changes can occur during the course of the contract through written notification.

2 If necessary, the FSP Coordinator may temporarily assign FSP trucks to patrol locations outside the areas normally served by the regular beats during normal FSP hours. Any such changes instituted shall be at the CHP and SANDAG’s discretion and shall be provided by Contractor(s) at no additional cost.

3 Additional trucks may be added to a beat, provided there is a need, funds are available, and SANDAG’s written authorization has been issued. Also, beats are subject to change by SANDAG.

3 The ratio of Class A tow trucks to flatbed trucks is as follows: at least one-half of all trucks on each beat must be Class A tow trucks. Also, the number of flatbed trucks may not exceed 50 percent of the total number of Class A tow trucks and flatbed trucks combined, for all beats, including spare vehicles (refer to separate note below regarding ratio of regular trucks to spare trucks).

4 The ratio of regular (i.e., primary or ‘scheduled in-service’) Class A tow trucks and flatbed trucks to spare trucks (interchangeably, ‘back-up trucks’) is no less than one spare truck for every five regular trucks (1:5). This ratio applies to all trucks in the proposed fleet for all beats covered by the Agreement. To calculate the required number of spare trucks, proposers should sum the percentage equivalent (.eq) factors for spare trucks for all beats addressed in Proposer’s cost proposal. Contractors will not be penalized for proposing more spare trucks than are required by this provision.

5 SANDAG reserves the right to add or delete holidays to/from the Working Days calendar. The following excluded holidays are to be used for bidding purposes. Contractors will be notified in December of following year state holidays.

• July 4, 2005 � November 24, 2005 � January 16, 2006

• September 5, 2005 � November 25, 2005 � February 20, 2006

• October 14, 2005 � December 26, 2005 � May 30, 2006

• November 11, 2005 � January 2, 2006

112

FSP STANDARD OPERATING PROCEDURES – IFB ATTACHMENT F

F S P STANDARD OPERATING

PROCEDURES

San Diego Region

SAN DIEGO FREEWAY SERVICE PATROL (FSP) STANDARD OPERATING PROCEDURES

TABLE OF CONTENTS

I. Introduction .............................................................................................................. SOP – 1

II. Hours of Operation .................................................................................................. SOP – 1

III. Rest Periods............................................................................................................... SOP – 1

IV. Overtime.................................................................................................................... SOP – 2

V. Uniform and Grooming Requirements ................................................................... SOP – 2

VI. FSP Contract Vehicle Requirements ........................................................................ SOP – 3

VII. Demeanor and Courtesy .......................................................................................... SOP – 3

VIII. Gratuities, Tips and Items of Value Found.............................................................. SOP – 3

IX. Beat Responsibility ................................................................................................... SOP – 4

X. Vehicle Code Requirements ..................................................................................... SOP – 5

XI. Radio Procedures ...................................................................................................... SOP – 6

XII. Traffic Breaks and Traffic Control ........................................................................... SOP – 6

XIII. Direction by CHP Officers......................................................................................... SOP – 7

XIV. Vehicles in the Roadway .......................................................................................... SOP – 7

XV. Debris in the Roadway ............................................................................................. SOP – 7

XVI. Pursuits ...................................................................................................................... SOP – 7

XVII. Alcohol and Drug Use .............................................................................................. SOP – 8

XVIII. Lying and Falsifying Information ............................................................................ SOP – 8

XIX. Solicitation of Work ................................................................................................ SOP – 8

XX. Special Relationships ............................................................................................... SOP – 8

XXI. Transportation of Motorists .................................................................................... SOP – 9

XXII. Rotation Tows........................................................................................................... SOP – 9

XXIII. Drop Zones ............................................................................................................... SOP – 9

XXIV. Safety ...................................................................................................................... SOP – 10

XXV. Traffic Accidents Not Involving FSP Contract Vehicles. ....................................... SOP – 10

XXVI. Traffic Accidents Involving FSP Contract Vehicles................................................ SOP – 11

XXVII. Pedestrians .............................................................................................................. SOP – 11

XXVIII. Service Quality Management and Fleet Monitoring ........................................... SOP – 11

XXIX. Reporting Requirements: Mobile Data Terminals, Forms and Paperwork......... SOP – 12

XXX. Violations and Penalties......................................................................................... SOP – 17

XXXI. Emergency Operations During a Communication Failure ................................... SOP – 19

XXXII. Driver of the Quarter Award ................................................................................. SOP – 21

XXXIII. Driver of the Year Award....................................................................................... SOP – 21

ATTACHMENTS

SOP-1. Sample FSP Daily Inspection Report Form (CHP 234-D) ..................................................22

SOP-2. Sample FSP Vehicle Check Form (FSP 422) .......................................................................23

SOP-3. FSP Operator Quick Guide: Highway HelperTM FSP Mobile System ...............................24

SOP-4. Sample FSP Assisted Motorist Survey Form......................................................................25


SOP – 1

I. INTRODUCTION

A. The San Diego Freeway Service Patrol Program (FSP) is a cooperative effort between the California Highway Patrol (CHP), the California Department of Transportation (CALTRANS), and the San Diego Association of Governments (SANDAG). Additionally, funding for the Roving Service Trucks Pilot Project is being provided by the San Diego Service Authority for Freeway Emergencies (SD SAFE).

B. The purpose of the FSP program is to reduce highway congestion by rapidly removing

disabled vehicles and those involved in minor accidents from the freeway. Where conditions permit, safe removal of debris and/or traffic control will also be required. In addition, the Roving Service Trucks (RSTs) are being demonstrated to provide rapid motorist aid services at the most effective cost to the public.

II. HOURS OF OPERATION

A. The FSP Program will operate during the morning and evening commutes, Monday through Friday.

1. The shifts will be from 0530 to 0930 and 1500 to 1900 hours (i.e., 5:30 – 9:30 a.m.,

and 3:00 – 7:00 p.m.), respectively. FSP drivers are to be on their beat at the start time indicated above, and shall not leave their beat until after the end of shift indicated above.

2. The FSP Program will not operate on designated state holidays (refer to

Attachment E-2 to the IFB for the Roving Service Trucks Project).

3. FSP contractors may be asked to work longer than normal hours due to special circumstances, such as rain days, natural disasters, or other unusual situations.

B. FSP contractors and drivers shall not represent the FSP Program outside of the normal

hours of FSP operation. III. REST PERIODS

A. FSP drivers are allowed one 15-minute rest period during each four-hour shift. Drivers should coordinate their rest periods so that, whenever possible, at least one FSP truck will remain available on the assigned beat (this can be either RST or tow truck).

B. Drivers are not allowed to sleep during their 15-minute rest period. C. Drivers shall advise the CHP Communications Center (“COMM Center”) when they are

out of service (10-7) on a rest period and/or away from the radio. D. Stopping to use the restroom or get a drink is not considered a rest period. However,

these stops should be completed quickly, (usually lasting less than 5 minutes), and relatively close to the assigned beat.

E. Drivers shall not take their 15 minutes breaks during the first 30 minutes of the shift

or during the last 30 minutes of their shift.


SOP – 2

F. The FSP program is a roving patrol program. If not actively engaged in assisting a

motorist, FSP tow and RST truck drivers shall actively patrol their assigned beats. IV. OVERTIME

A. FSP drivers shall request overtime authorization from an FSP coordinator prior to the end of the assigned shift, whenever possible. If authorization was not obtained, and the work is deemed to not have been necessary, overtime will not be paid.

B. Overtime authorization must be documented on the Daily Activity Record and must

include the following:

1. Reason for the overtime (be specific).

2. Person authorizing the overtime. (FSP coordinator/CHP dispatcher only)

C. Overtime is distributed in 15 minute increments only. (If over eight (8) minutes of O.T. is worked, round up to 15 minutes, if less than eight (8) minutes of O.T. is worked, round down to zero).

D. Drivers on overtime or en route back to the office/yard should only stop at incidents

which constitute a hazard. All other incidents should be relayed to the appropriate agency via company shop radios. Emergency or hazardous incidents encountered after FSP hours and within CHP jurisdiction may be relayed via the FSP radio. Drivers are not to search for incidents while on overtime or en route back to the office/yard.

V. UNIFORM AND GROOMING REQUIREMENTS

A. FSP drivers shall wear the authorized FSP uniform only while on duty and working for the FSP Program. FSP uniforms shall be kept neat and clean.

B. It is the responsibility of the contractor to provide the required uniform items,

including the following;

1. Navy blue jumpsuit or shirt/pants including;

a. Name tag, which must be worn on the orange or green traffic vest over the right chest pocket area.

b. Reflective white stripes sewn around both sleeve cuffs, both leg cuffs, and

across the upper back.

2. Black, general duty boots with protective steel toe. 3. Orange or Green traffic vests shall be worn by FSP drivers during all FSP hours of

operation.

a. Traffic vests shall be bright orange or bright green in color with reflective tape applied to the back and front areas. In addition, traffic vests must


SOP – 3

have the small FSP patch sewn over the left pocket area, as well as the large FSP patch on the upper back.

4. During cold weather, a navy blue sweater or sweatshirt may be worn under the

uniform. In addition, a navy blue jacket may be worn over the uniform; however, it must meet the safety requirements of the jumpsuit listed above.

5. Rain gear shall be yellow or green in color with white reflective tape applied to

both sleeve cuffs, both leg cuffs, and across the upper back.

6. Navy blue baseball hats may be worn. The hats must have the small FSP patch sewn above the brim and centered. No other logos/names are allowed. Although the hat is optional, it is part of the uniform and may only be worn during FSP hours.

C. FSP drivers are expected to maintain exceptional grooming standards. Examples of

unacceptable standards include: unshaven appearance, soiled and unkempt uniform, disheveled hair, body odor, etc.

D. FSP drivers shall not wear any pins, additional patches, etc. which have not been

approved. VI. FSP CONTRACT VEHICLE REQUIREMENTS

A. FSP vehicles are required to be maintained in good working condition and be

equipped as indicated on the FSP Daily Inspection Report.

B. FSP drivers shall inspect their vehicles prior to the beginning of each shift and replace those items which are missing, damaged, etc. before starting the shift.

C. FSP drivers may leave the beat during the shift to replenish those items which are used

during the shift. It is the driver's responsibility to determine whether the item(s) should be replaced immediately or can wait until the end of the shift.

D. FSP logos shall be removed from trucks during non-FSP hours.

VII. DEMEANOR AND COURTESY

A. FSP drivers represent not only themselves, but their contractors, as well as the California Highway Patrol, CALTRANS, and SANDAG. As a result, FSP drivers are expected to conduct themselves in a professional and courteous manner at all times.

B. FSP drivers shall not solicit dates nor engage in any conversation having sexual overtones.

Violation of this policy is grounds for immediate termination.

C. FSP drivers involved in any confrontation should contact an FSP coordinator as soon as possible.

VIII. GRATUITIES, TIPS, AND ITEMS OF VALUE FOUND


SOP – 4

A. FSP drivers shall not charge nor accept gratuities, tips, or any gifts for services

rendered to disabled motorists.

1. Should an FSP driver unknowingly receive a gratuity, tip, etc., he/she shall advise the COMM Center at the conclusion of the incident so that the amount of the tip can be recorded in the CAD incident, e.g., "San Diego 687-501, 10-98, motorist left a $5.00 tip". Then contact an FSP coordinator immediately for further instructions. A coordinator will then collect the tip and give it to SANDAG.

B. Items of value found while working as an FSP driver shall not be kept, sold etc. When an item of value is found, the item shall be secured and an FSP coordinator contacted. If an FSP coordinator is not available, the FSP driver shall advise the COMM Center and request that an Area beat unit respond. Upon arrival of the beat unit, the found property shall be surrendered to the officer with an explanation of the circumstances leading to discovery. The FSP driver shall advise an FSP coordinator of the found property and its disposition as soon as possible. Area personnel shall be responsible for the storage and ultimate disposition of property according to established Departmental policy. Under no circumstances shall property of value be left unsecured. Items found which are of no value or damaged to the extent that they are of no useful value, shall be removed from the roadway to a location away from view of traffic to the extent possible and Caltrans advised to pick up the material. Violation of this policy is grounds for immediate termination.

IX. BEAT RESPONSIBILITY

A. Unless otherwise authorized or directed, FSP drivers shall remain on, and patrol, their assigned beats during FSP hours.

B. FSP drivers may leave their assigned beats under the following conditions;

1. To replenish supplies used during their shift. 2. To take their 15 minute rest period. (Traveling to and from rest location is

included in the 15 minutes). 3. To use the restroom or pick-up a drink. 4. When directed by the COMM Center and/or an FSP Coordinator.

C. FSP drivers shall advise the COMM Center when they are leaving their beats for an

extended period of time (i.e. over 10 minutes).

D. FSP drivers shall stop and render necessary assistance to all vehicles, which appear, disabled and/or abandoned while on duty and patrolling their respective beats.

1. FSP drivers shall not pass observed incidents unless dispatched to a separate,

higher priority, call. Should an FSP driver not stop, he/she shall immediately notify the COMM Center of the second incident.

E. If a disabled vehicle cannot be safely repaired within 10 minutes, FSP tow truck drivers

should transport the vehicle and motorist to the nearest drop zone where the party


SOP – 5

can make arrangements for removal and/or additional repair. FSP tow trucks and flatbed trucks can request a beat partner assist to tow the disabled vehicle, or can offer to transport the motorist to the nearest drop zone. In either case, motorists should normally be directed to a public telephone to make those arrangements. The FSP radio may be used to call 3-A (Auto Club) or rotation tow trucks (only), for the motorist if unusual circumstances require such action. Special requests for any other type of assistance (e.g., motorist requests specific tow company’s assistance) should not be made. Direct the motorist to a pay phone for special requests. This is due to the busy FSP radio system.

F. Since most disabled vehicles are located on or near the right shoulder, FSP drivers

should patrol their beats in the right lanes. G. One FSP truck at an incident is all that is normally necessary. The more trucks

at an incident, the more congestion on the freeway. Therefore, beat partners should not normally respond to routine incidents and accidents. If a second truck is needed for major incidents, for instance, when the first unit to respond is an RST pickup truck, and where the disabled vehicle requires removal by tow, the original FSP unit assigned should request such assistance. More than two trucks at a single incident is rarely, if ever needed, and shall be avoided unless absolutely necessary. The exception to this is when an FSP coordinator directs additional trucks to respond or when the RST pickup truck cannot complete the assist without beat partner towing support.

X. VEHICLE CODE REQUIREMENTS

A. The FSP Program, and many of the policies are specifically addressed within the

California Vehicle Code and by CHP policy. Some of the Vehicle Code Sections which specifically affect FSP drivers and the FSP Program include;

2430.3 FSP drivers shall notify their employers of an arrest or conviction of

any crime specified in paragraphs (1), (2), (3), or (4) of section 13377 prior to beginning the next work shift.

2430.5(d) Upon notification of an arrest or conviction of any crime specified in

paragraphs (1), (2), (3), or (4) of Section 13377 an employer shall remove that driver from FSP operations.

2431 (a) FSP coordinators shall conduct criminal history and driver history

screening of all FSP drivers and their employers, including fingerprints. In addition, FSP coordinators shall verify that drivers have a valid California driver's license.

2431 (b) All FSP drivers who will operate FSP towing class vehicles shall submit

an application for a tow truck driver certificate and pay an application fee. All FSP drivers who will operate FSP RST (pickup) trucks shall submit an application for an FSP non-tow driver certificate and pay an application fee.

2431 (e) FSP coordinators shall issue temporary FSP driver certificates which

will be valid for 90 days.


SOP – 6

2432 (a) It is unlawful for a person to knowingly provide false information on the FSP driver certificate application.

2436.7 (a) Every FSP driver shall attend the mandatory FSP training. 13377 (a) FSP driver certificates may be denied or revoked for any of the

following;

1. A conviction of Penal Code Section 220. This section covers; assault with intent to commit mayhem, rape, sodomy, or oral copulation.

2. A conviction of Penal Code Section 261, subdivision (1), (2), (3),

or (4). This section covers various forms of rape. 3. A conviction of Penal Code Sections 264.1, 267, 288, or 289.

These sections cover; acting with another person to commit rape; abduction for prostitution; lewd acts with children; and penetration with a foreign object.

4. A conviction of any felony or three misdemeanors which are

crimes of violence as defined by the Penal Code. 5. When an applicant's driving privilege has been suspended or

revoked. XI. RADIO PROCEDURES

A. FSP drivers shall use appropriate radio procedures at all times. Profanity and inappropriate use of the radio is a violation of FCC regulations.

B. FSP drivers shall go 10-8 (in service) at the beginning of the shift and 10-10 (off duty)

at the end of FSP operations. It is recommended that one designated driver go 10-8 and 10-10 for all trucks on their beat. Drivers shall not represent the FSP Program outside the program hours.

C. FSP drivers shall advise the COMM Center whenever their status changes (i.e., 10-7, 10-8,

10-97, 10-98, etc.). D. FSP drivers should monitor appropriate CHP frequencies on their scanners. This will

decrease response times and allow drivers to hear other calls on their respective beats. E. FSP drivers should not routinely request the COMM Center to make telephone calls for

disabled motorists. The parties should be directed to a SD SAFE freeway emergency call box or to a public phone to make their own arrangements. FSP drivers shall not inform motorists to use a call box to advise family or work that they will be late.

F. Due to the amount of radio traffic on the FSP radio, all radio traffic must be succinct

and to the point. Do not elaborate on non-essential details or ask the dispatcher for information that you can obtain later.


SOP – 7

G. FSP drivers should use the text messaging features of the mobile data terminal (MDT)

(i.e., on-board computer) that is installed in each truck to help minimize voice traffic. XII. TRAFFIC BREAKS AND TRAFFIC CONTROL

A. FSP drivers shall not run traffic breaks. B. Should an FSP driver need a traffic break to assist or remove a disabled vehicle or

object from the traffic lanes; the FSP driver shall notify dispatch and dispatch will send a CHP officer when available to assist. See paragraph XV for additional information.

C. FSP drivers may assist with short-term traffic control when directed to do so by a CHP

officer. Once the scene of the incident has stabilized (cones/flares in place, multiple officers on scene) the drivers are to clear and return to patrol. Remember that there is no legal authority for FSP drivers to direct traffic. Motorist will usually comply voluntarily.

XIII. DIRECTION BY CHP OFFICERS

A. FSP drivers shall obey all directions given by a police officer. Peace officers are given the authority to issue orders to individuals by California Vehicle Code section 2800.

B. Should an officer direct an FSP driver to perform a task in violation of FSP policy, the

driver shall follow the officers instructions. At the conclusion of the incident, the FSP driver shall contact an FSP coordinator to explain the situation. If necessary, the coordinator will contact the officer, supervisor etc… to rectify the situation.

XIV. VEHICLES IN THE ROADWAY

A. When an FSP driver encounters an abandoned vehicle in the roadway (within the lanes of travel), they must advise the COMM Center (dispatcher), and request permission from a peace officer to move the vehicle. The dispatcher will then ask an FSP coordinator or beat officer for permission to move the vehicle. The FSP driver is not expected to jeopardize their safety in the attempt to direct traffic around the hazard.

B. Whenever an FSP driver encounters a vehicle in which they are unsure if it is a hazard

(parked on/over the fog line), the driver should request an officer respond to evaluate. XV. DEBRIS IN THE ROADWAY

A. When an FSP driver encounters debris in the roadway, she/he should stop and attempt to move it to the right shoulder, IF this can be done safely. The driver should assess the value of removing the object against the danger associated with the attempt at removal. If the object is of a size or construction that will not cause a hazard to passing traffic, then it may not need to be removed. Some debris, such as paper or wood shavings, will dissipate with the passing traffic, and need not be removed. If the object is heavy or large, assistance should be requested prior to attempting removal.

B. A CHP officer should normally be requested to provide a traffic break so that the


SOP – 8

object(s) can be removed more safely than by using a “natural” break in traffic. When a traffic break is requested through dispatch, the FSP driver should provide the exact location of the debris, and which lanes are affected. The officer also needs to know where he/she should start the traffic break so as to give the driver appropriate protection. Whether or not a traffic break is requested is up to the FSP driver on the scene, but drivers should remember to always err on the side of safety, and to NEVER turn their back to traffic.

XVI. PURSUITS

A. FSP drivers shall not pursue fleeing motorists or suspects. Should a driver witness a serious crime, the suspect may be followed only if it can be done safely and without violating any Vehicle Code sections. (I.e. no driving on the shoulder, exceeding the speed limit, etc.) The suspect’s description should be given to the COMM Center for broadcast to CHP units. If an FSP driver is told by an officer or dispatcher to discontinue following the suspect vehicle, the driver shall immediately do so. If the situation appears to be hazardous, FSP drivers shall leave the scene immediately and advise the COMM Center.

B. FSP drivers are reminded that they are not peace officers and are not exempt from the

Vehicle Code. XVII. ALCOHOL AND DRUG USE

A. Possession of alcohol and/or illegal drugs while on-duty will not be tolerated and may be grounds for termination, as well as prosecution.

B. Driving while under the influence of alcohol and/or drugs while on-duty is grounds for

immediate termination, as well as prosecution. C. Driving while under the influence of alcohol and/or drugs while off-duty will result in

a driver’s license suspension and is grounds for termination. D. California Vehicle Code Section 23152, relating to driving while under the influence,

include the use of legal prescription drugs which affect a person’s ability to drive safely. Therefore, FSP drivers are to use extreme caution when using prescription drugs and should contact an FSP coordinator prior to working if there are any questions.

XVIII. LYING AND FALSIFYING INFORMATION

A. Lying, or falsification of any document associated with the FSP Program is grounds for immediate termination.

XIX. SOLICITATION OF WORK

A. FSP drivers shall not recommend any place of business, repair, or tow truck service to disabled motorists. In addition, FSP tow truck drivers shall not tow vehicles to any place other than a designated drop zone, unless authorized to do so by an FSP coordinator or other Peace Officer.

B. Violation of this policy is grounds for immediate termination.


SOP – 9

XX. SPECIAL RELATIONSHIPS

A. A “special relationship” occurs when an individual is contacted by an FSP driver in order to render help or assistance.

B. FSP drivers shall exercise reasonable care for others once a “special relationship” has

been established. C. FSP drivers shall not place motorists, passengers, or pedestrians in a position of foreseeable

danger from traffic or other potentially hazardous factors after contact has been made. D. FSP drivers establishing a “special relationship” should remain at the scene until one

or more of the following occur;

1. They are relieved by a CHP officer or other peace officer having control of the scene. 2. They have learned of a reasonably apparent emergency requiring their

immediate attention elsewhere. 3. They have received direction from a CHP officer, supervisor, or FSP coordinator

to assume duties elsewhere. 4. Their assistance and/or protection is no longer reasonably necessary.

E. This policy does not require an FSP driver to remain with a disabled motorist or other person after all reasonable steps have been taken to resolve the incident, so long as there exists no foreseeable danger to the individual or other traffic.

XXI. TRANSPORTATION OF MOTORISTS

A. Under normal circumstances, FSP tow truck drivers shall not allow passengers to ride in a towed vehicle. If requested, FSP tow truck and flatbed truck and tow truck drivers can transport the stranded motorist(s) to the nearest drop zone. If there are too many passengers for the FSP truck, the FSP driver shall call for another truck or CHP unit to assist. FSP coordinators may make exceptions to this policy when circumstances warrant.

B. When transporting females or juveniles, FSP drivers shall;

1. Advise the COMM Center of the following information:

a. Departure and destination points.

b. Beginning and ending odometer readings. 2. Include the above information on the Daily Activity Record.

XXII. ROTATION TOWS

A. Rotation tows should be called under the following circumstances:


SOP – 10

1. For vehicles being stored or impounded by CHP officers. 2. At the specific request of a vehicle owner. 3. For vehicles involved in traffic collisions in which the vehicles are not drivable or

have sustained substantial damage. 4. For vehicles with a gross weight of over 6,000 pounds. 5. For motorcycles. FSP tow truck drivers should not tow motorcycles due to the

possibility of damage. B. Vehicles involved in traffic collisions should not be towed by FSP to a drop zone unless a

rotation tow has already been called and the CHP officer requests the removal from the freeway. The rotation tow should then meet the beat officer and the FSP tow truck driver at the drop zone to pick up the vehicle. FSP drivers need to resume patrol as soon as possible, and should not normally remain at single incidents for extended periods of time.

XXIII. DROP ZONES

A. Vehicles removed from the freeway by an FSP driver (either by towing or pushing the vehicle) shall be taken directly to a designated drop zone. At a drop zone, vehicles shall be parked on the street or inside a designated Park & Ride lot, not in a private parking lot. In addition, motorists should be transported to the drop zone along with the vehicle, so they can secure their vehicle and make further arrangements. Any exceptions to this will be determined by an FSP coordinator, and will not normally be allowed. Violation of this policy is grounds for immediate termination.

B. Drop zones are not “safe zones”. Therefore, FSP drivers shall take appropriate measures to ensure the safety of motorists transported to drop zones (i.e., transport the party to a safer area, wait for the requested tow, etc.). Permission should be obtained from an FSP coordinator prior to transporting a motorist away from his/her vehicle.

C. FSP drivers shall advise motorists that drop zones are for temporary use only and the

motorist should make arrangements to move the vehicle as soon as possible. D. FSP drivers shall ensure that a vehicle is not left in a location where parking is illegal. E. FSP drivers should be aware of any drop zone changes that may be necessary.

XXIV. SAFETY

A. The safety of FSP drivers and disabled motorists cannot be overemphasized. Drivers are reminded that the freeway environment is extremely dangerous and that motorists may not be aware of the potential dangers. Therefore, FSP drivers should attempt to ensure the safety of all persons at the scene of an incident. Techniques such as, avoiding standing or walking in the “space cushion” between stopped vehicles and turning the FSP truck’s wheels away from the disabled vehicle or pedestrians may increase safety.

B. Should an FSP driver find any unsafe policy or procedure associated with the FSP

Program, he/she should immediately notify the contractor and the FSP coordinator.


SOP – 11

XXV. TRAFFIC ACCIDENTS NOT INVOLVING FSP CONTRACT VEHICLES

A. FSP drivers shall not move any vehicles (either by tow or push) that have been involved in traffic collisions unless all of the following conditions are met:

1. It is a non-injury collision.

a. In this context, a complaint of pain is considered an injury and vehicles

should not be moved. 2. The involved parties are not under the influence of alcohol and/or drugs.

a. In addition, parties who have the odor of an alcoholic beverage about their person may be under the influence, therefore the vehicles should not be moved.

3. The collision does not involve a crime. 4. The collision does not involve a hazardous material spill. 5. The parties involved in the collision agree to the movement of their respective

vehicles. 6. The vehicles are moved only to clear the traffic lanes. 7. The FSP driver ensures the safety of the parties involved. 8. The FSP driver notifies the investigating officer that the vehicle(s) has/have been

moved. XXVI. TRAFFIC ACCIDENTS INVOLVING FSP CONTRACT VEHICLES

A. FSP drivers shall immediately notify an FSP coordinator of a collision involving the FSP vehicle.

B. FSP drivers involved in any traffic collision located on the freeway shall request a CHP

officer and a traffic accident report shall be completed. If the traffic collision occurs off the freeway and outside CHP jurisdiction, the police agency responsible for that location shall be requested and a traffic accident report shall be completed.

If the agency responsible for traffic accident reporting is unable to respond or refuses to take an accident report, an FSP coordinator will respond to the scene and complete a traffic accident report.

C. Should an FSP vehicle be damaged, the FSP driver should notify the contractor as soon

as possible so that the back-up truck can be placed in service.


SOP – 12

1. Timely notification to the contractor is very important since the contractor has only 45 minutes in which to place the back-up truck into service.

D. FSP drivers who cause damage to a disabled vehicle while rendering assistance shall notify

an FSP coordinator immediately. In addition, FSP drivers should notify their contractors as soon as practical since they may be financially responsible for the damages.

E. Exceptions to the above will be determined by an FSP coordinator.

XXVII. PEDESTRIANS

A. FSP drivers shall not stop for pedestrians on the freeway. Pedestrians include bicyclists. The exception to this is when the pedestrian is clearly a stranded motorist walking to or from a vehicle. If there is not a nearby vehicle, the pedestrian should not be contacted. The information about the pedestrian should be relayed to the COMM Center (dispatcher), who will then send a CHP officer. The reason for this policy is that pedestrians found on the freeway are frequently either mentally disturbed or under the influence of alcohol and/or drugs. These individuals have already disregarded the signs prohibiting pedestrians on the freeway, and they can be unpredictable. FSP drivers should call dispatch while continuing to patrol their beat.

XXVIII. SERVICE QUALITY MANAGEMENT AND FLEET MONITORING

A. Quality Assurance. Contractor shall establish and maintain a set of policies, procedures, standards, and systems that ensure its organization and fleet remain compliant with FSP guidelines for provision of an FSP, including conformity to all federal, state, and local laws, and fulfillment of all requirements described herein and in the FSP Agreement.

B. Quality Control. Contractor shall implement a process to verify its FSP fleet is operating

within the prescribed quality assurance levels, at all times, and shall continually refine and improve its operation based on the monitoring and verification process, including, at minimum: track FSP fleet operations; compile and prepare periodic project reports (according to FSP - SOP, Section XXIX., Reporting Requirements); identify contract deficiencies and corrective measures; document progress of work.

C. Fleet Monitoring.

1. Contractor shall follow industry-standard practices for monitoring and maintenance of its roadside motorist assistance fleet (flatbed, tow, and/or pickup trucks).

2. All regular and back-up FSP trucks shall be equipped with an intelligent vehicle

logic unit (IVLU) (i.e., automatic vehicle location (AVL) hardware), which device is capable of transmitting the FSP vehicle’s relative position (i.e., latitude, longitude, and altitude), in real-time, via wireless communications.

a. SANDAG will purchase and arrange for the installation of IVLUs and

supporting wireless communications (modems) in all FSP trucks. SANDAG owns the hardware and software associated with the IVLUs and modems.

b. Contractor shall designate a computer/workstation that is located in its local

office dispatch center to run a proprietary version of the Highway HelperTM


SOP – 13

fleet monitoring software. SANDAG shall arrange for the installation of said software. Contractor is responsible to provide a high-speed Internet connection (e.g., T-1, ISDN, DSL, or cable modem) to support this function.

c. Contractor shall incorporate use of the fleet monitoring software into its

Quality Assurance/Quality Control (QA/QC) process. The enhanced version of Highway Helper includes a number of tools for Contractor to enhance its monitoring and management of fleet (e.g., Contractor can view status and location of fleet vehicles throughout the day; playback a time-elapsed sequence of a truck’s activity for any time period; compile assist activity for one or more trucks; the capabilities are extensive). Specific requirements for use of the software to satisfy SANDAG, CHP, and Caltrans reporting requirements are provided in more detail in Section XXIX. but may be modified at SANDAG’s discretion.

d. SANDAG will perform periodic maintenance on the IVLU hardware and will

coordinate periodic updates to the Highway Helper fleet monitoring software.

e. It shall be the Contractor’s responsibility to contact SANDAG’s designee or maintenance representative within 48 hours in the event of an apparent IVLU hardware or fleet monitoring software failure. Such contact shall be made following Contractor’s initial attempts to troubleshoot the system using basic troubleshooting measures (to be provided to Contractor by SANDAG).

XXIX. REPORTING REQUIREMENTS: MOBILE DATA TERMINALS, FORMS AND PAPERWORK

A. All FSP reporting, whether submitted electronically (i.e., MDT), by form, or paperwork, shall be completed by the responsible party (e.g., FSP driver, Contractor) in a manner that is accurate, neat, and that is done so according to the schedule and instructions that have been established for the particular report (see XXIX, parts (B) through (F)).

B. Completion of the FSP Daily Inspection Report Form (CHP 234-D)

1. The Daily Inspection Report (DIR) is used for a variety of functions, including the

collection of statistical data regarding FSP operations. This form is used to determine how much a contractor is to be paid on a monthly basis. It is extremely important that this form is accurate, neat, and processed in a timely manner.

2. FSP drivers shall inspect their vehicles and complete side two of the DIR prior to the beginning of each shift.

3. Activity time shown in the DIR should be listed in minutes and should be

documented as follows;

a. Abandoned Vehicle Check (1124). Used when an FSP driver checks a vehicle and determines that no occupants are present. An FSP 422 should be attached to the vehicle.

b. Aid Disabled Vehicle (1126).

1. Used when an FSP driver assists a disabled motorist. For tow trucks,


SOP – 14

1126 includes the time used when transporting a vehicle to a drop zone. (See VTH)

2. Only one FSP unit should take credit for a disabled vehicle regardless

on the number of units present. See Beat Partner Assist for further information.

c. Beat Partner Assist (BPA). Used when one FSP driver assists another FSP

driver, regardless of type of call. When an RST pickup truck requires a BPA, specifically where the disabled vehicle requires towing, the FSP RST driver shall clearly record this occurrence on the DIR.

d. CALTRANS Assist (CAL). Used when an FSP driver assists a CALTRANS unit

and another category is not applicable.

e. CHP Assist. Used when an FSP driver assists a CHP unit and another category is not applicable.

f. Downtime (10-7). Used when an FSP driver is out of service for any reason,

including the 15 minute rest period. (Time spent on quick stops, such as a restroom break; use 10-6)

g. Other Assist (OTH). Used when an FSP driver assists an agency other than

CALTRANS or CHP (e.g., local city police or sheriff) and another category is not applicable.

h. Patrol Time (PAT). Used when an FSP driver is simply patrolling the beat

and is not assigned to a call.

i. Remove Traffic Hazard (RTH). Used when an FSP driver is handling the removal of debris or other traffic hazard, but not a vehicle. (See VEH)

j. Response Time (RES). Used when an FSP driver is responding to any call, including calls which come from the COMM Center, or responding to incidents observed by the FSP driver.

k. Traffic Collisions (TC’s)

1. Used when an FSP driver handles a traffic collision and no other

category is applicable.

2. This does not necessarily include all the time spent at a traffic collision. The time should be broken down into specific categories whenever possible, such as 1184, etc.

l. Traffic Control (11-84). Used when an FSP driver is directing traffic.

m. Training (TRN)

1. Used when an FSP driver is involved in FSP training authorized by the


SOP – 15

FSP coordinator (e.g., mandatory, certification, MDTs, etc.). 2. This also includes meetings with the FSP coordinator to discuss

problems, policy, etc.

n. Misc. Time (MSC). Used when no other category is applicable. An explanation is required.

o. Vehicle Traffic Hazard (VTH). Used when an FSP driver removes a vehicle

from a traffic lane, or a vehicle that is considered a traffic hazard, by either towing or pushing the vehicle,. This includes 11-26 vehicles that are also 11-25.

p. Total Activity Time

1. This is the total amount of time spent on FSP operations, plus authorized overtime.

2. Normally, this category will be 240 minutes. If, however, an FSP truck

is out of service, that time should be subtracted from the normal 240 minute total (e.g., a truck - and therefore driver - is out of service for 30 minutes, then total activity time for that shift would be 210 minutes).

4. Refer to the attached example (Attachment SOP-1) for further information.

C. Completion of the FSP Vehicle Check Form (FSP 422)

1. The FSP 422 (orange form), when attached to a disabled vehicle, indicates;

a. The vehicle is abandoned and has been checked by an FSP driver. When

the date and time are completed on the FSP 422, it allows the vehicle to be stored by an officer after 4 hours, as required by California Vehicle Code Section 22651 (f); or

b. The motorist has been contacted by an FSP driver and no further assistance

is necessary.

2. The FSP 422 should be completed and placed on the rear window where it is easily seen by approaching vehicles. The FSP 422 should not be placed on painted surfaces where damage could occur.

3. Refer to the attached example (Attachment SOP-2) for further information.

D. Completion of the CHP Vehicle Check Form (CHP 422)

1. The CHP 422 (yellow form) is used by CHP officers to indicate they have checked a vehicle on the freeway; this form allows the officer to have the vehicle towed after 4 hours. The CHP 422 also serves to warn motorists about laws governing the abandonment of vehicles in certain locations. FSP drivers should be aware of how the CHP officer’s use the CHP 422 form.


SOP – 16

E. Utilization of Mobile Data Terminals (MDTs) and Completion of Motorist Assist Records

1. All regular and back-up FSP trucks shall be equipped with Mobile Data Terminals

(MDTs), which consist of a vehicle-mounted portable (laptop) computer (Model: Panasonic Toughbook) running a version of the proprietary Highway HelperTM FSP Mobile System software application.

a. SANDAG will purchase and arrange for the installation of MDTs in all FSP

trucks. SANDAG owns the hardware and software associated with the MDTs.

b. The version of Highway HelperTM FSP Mobile System software shall be determined by SANDAG and shall be consistent on all FSP trucks.

c. SANDAG will perform periodic maintenance on the MDT hardware and

will coordinate periodic upgrades to the Highway HelperTM software.

d. It shall be the Contractor’s responsibility to contact SANDAG’s designee or maintenance representative within 48 hours in the event of an apparent MDT equipment failure. Such contact shall be made following Contractor’s initial attempts to troubleshoot the system using basic troubleshooting measures (which will be provided to Contractor by SANDAG).

2. All FSP drivers shall be proficient in the use of the MDTs and in the operation of

Highway HelperTM FSP Mobile System.

a. All FSP drivers shall be issued one (1) Operator’s Manual for the Highway HelperTM FSP Mobile System.

b. All FSP trucks shall be equipped with one (1) laminated FSP Operator Quick

Guide, which is a condensed “cheat sheet” version of the Highway HelperTM FSP Mobile System Operator’s Manual. The FSP Operator Quick Guide shall be kept in a location that is easily accessible or clearly visible to the driver.

c. Contractors will be issued several copies of each the Operators Manual and

FSP Operator Quick Guide. It shall be the Contractor’s responsibility to ensure FSP drivers and trucks receive/are outfitted with this information.

d. All new FSP drivers shall receive introductory training on the the use of the

MDTs and on the operation of the Highway HelperTM FSP Mobile System. These trainings will be coordinated by CHP and SANDAG.

e. Existing FSP drivers and Contractors shall assign a mentor to assist the new

FSP drivers in learning the proper procedures for ‘everyday use’ of the Highway HelperTM application.

3. FSP drivers shall log on to and off of the Highway HelperTM FSP Mobile System

every time they go on or off shift. The MDT should be powered up at the start of the shift and powered down at the close of the shift. Power-saving features will allow the MDT to idle during periods of non-use (e.g., breaks, etc.).


SOP – 17

4. FSP drivers shall complete an electronic Motorist Assist Form/Incident Record

(“Assist Record”) for each assist the driver performs while on shift. The definition of what constitutes an assist worthy of completing an electronic record shall be consistent with the categories for motorist aid described above in SOP Section XXIX, Parts B(a) through B(i) & B(l).

5. FSP drivers shall verify the accuracy of their completed Assist Records during a

shift prior to logging off and powering down the system for that shift. A feature of the Highway HelperTM FSP Mobile System allows completed Assist Records to be viewed and, if necessary, re-opened for minor adjustment should additional information of clarification of the assist be necessary.

6. The Highway HelperTM FSP Mobile System includes a text messaging feature that

allows all FSP fleet operators to communicate in real time. Text messages can be sent between any two operators or up to as many as “all FSP operators” in a single transmission. FSP drivers should minimize their use of the text messaging feature to urgent FSP communications only. Use of the text messaging feature should serve to reduce voice traffic on the FSP radios and cell phones. Use of the text messaging feature to communicate non-FSP business is strictly prohibited.

7. Refer to the attached FSP Operator Quick Guide (Attachment SOP-3) for an

overview of the Highway HelperTM FSP Mobile System.

F. Administration of the FSP Brochure/Assisted Motorist Survey Form

1. An FSP Assisted Motorist Survey Form (“Motorist Survey”) has been developed in order that SANDAG and CHP may collect vital qualitative and empirical data from motorists who have been assisted by the FSP.

2. The FSP Motorist Survey is included as a component of the FSP Program Brochure

(“FSP Brochure”).

3. The FSP driver shall distribute one (1) copy of the FSP Brochure/Motorist Survey to each party he/she assists.

4. When assisting motorists involved in minor traffic collisions, the FSP driver shall

advise the motorists that the Motorist Survey is not a traffic collision report. 5. Prior to distributing the FSP Brochure/Motorist Survey, the FSP driver shall insert

his name, the date and time of the assist, and the beat/route segment numbers in the appropriate place on the Survey form. The FSP driver shall refrain from writing anything else on the motorist’s portions of the Survey form.

6. The Motorist Survey contains postage pre-paid return mailing information on the

reverse side. All Motorist Survey forms will be returned direct to SANDAG from the public (e.g., motorist completing the form).

7. Refer to the attached Survey (Attachment SOP-4) for an example of the form.

G. Monthly Invoice Reporting


SOP – 18

1. SANDAG will furnish payment to Contractor on a monthly basis. Contractor shall

submit its monthly invoice within ten (10) days following the end of a month to CHP for validation of hours worked during the prior month. Contractor’s invoice shall account for regular hours in service as well as any overtime, downtime, or penalty. Contractor shall certify each invoice with the following statement, "I certify that the above invoice is correct and supporting documentation has been verified (sign and date).” Once validated by CHP, the invoice will be forwarded to SANDAG for payment. SANDAG shall pay invoices within thirty (30) days of receipt from CHP.

2. SANDAG may require Contractor to submit additional performance data along

with its monthly invoice and reserves the right to modify reporting requirements at its sole discretion at any time. Seven (7) days prior notice of such change in reporting requirements shall be provided by the SANDAG project manager.

XXX. VIOLATIONS AND PENALTIES

A. Violation Definitions

Violations of the FSP Contract, SOP, or law will be categorized into two areas: minor violations and major violations. All minor violations will be kept in the CHP’s Contractor/driver personnel file for three years from the date of occurrence. Major violations will be kept permanently in the Contractor/driver file. 1. Major Violations

Major violations include the following areas, but are not limited to: Under the influence or having an odor, of alcohol or drugs during a FSP shift, sexual harassment, discrimination, soliciting or keeping gratuities, charging motorists for service, recommending of a tow service, body shop or any place of repair, soliciting business during FSP hours, repeating minor violations three or more times, using non-certified drivers during FSP, or any violation of California law which is a misdemeanor or higher.

2. Minor Violations

Minor violations include all contract requirements except for areas listed under major violations. This would include, but is not limited to: Failure to follow grooming standards, missing or inoperable equipment during FSP shift, excessive breaks, failure to inspect FSP truck prior to shift, unsafe work practices, or an infraction violation of the California Vehicle Code.

Violations of the FSP contract or SOP will be investigated and documented by FSP Supervisors. Documentation will be prepared in a standard format designed and adopted by the CHP. These documents will be presented to the Contractor/operator indicating the specific incident and disciplinary action taken. These documents will also serve as the notice to the Contractor/operator of any penalty assessment.

B. Penalty Assessment


SOP – 19

1. Driver and Contractor Discipline

The FSP Program has adopted a progressive disciple program. Penalty and discipline assessment will be determined by the FSP Supervisor(s). Penalty and discipline assessment will be on a case by case basis and will be based upon the type(s) of violation(s) committed and previous disciplinary action. Minor violations may result in a verbal warning, written reprimand, driver retraining, driver suspension from the FSP program or imposition of fines on the Contractor. Major violations may result in driver suspension from the FSP program, imposition of fines on the Contractor, driver termination from the FSP program or termination of Contractor’s agreement(s) with SANDAG.

2. Equipment and Truck Breakdowns

Equipment and/or truck breakdowns are defined as equipment failures during an FSP shift. Drivers are required to notify the FSP Supervisor(s) immediately when an equipment problem occurs. The Contractor has 45 minutes to correct the problem or replace the truck with a back-up truck. The penalty for the 45-minute period will be calculated in minute increments on a straight hourly rate. All time beyond the 45 minutes will be calculated as penalized time. Penalized time is determined by the hourly rate plus double the hourly rate and will be assessed in minute increments. Companies will be allowed to use the break time of the driver to repair or replace the truck as long as the break time has not been used and it is during the allowed break time period. Using the break time for truck repair still requires the notification of the FSP supervisor(s) before the time is used for this purpose. The use of equipment and/or truck breakdown time will be allowed for trucks that experience a mechanical failure while driving to their beat; however, notifying the FSP Supervisor(s) is required. Failure to notify the FSP supervisor(s) will result in a truck being considered late to the beat. All equipment problems found during the pre-shift inspection will require repair or replacement of the truck prior to the start of shift and the use of equipment and/or truck breakdown time is not allowed to correct the problem.

3. Penalized Time

Penalized time is determined by the hourly rate plus double the hourly rate and will be assessed in minute increments. Penalized time will be assessed for trucks that are late to beat, take excessive breaks, leave the beat early or are found not to be in compliance with the FSP contract or SOP during FSP hours.

4. Contractor Fines

Contractor fines may result for violations of FSP contract or SOP that are not directly related to FSP truck operations. This includes but not limited to: failure to turn in required paperwork on time (e.g., Assist forms, inspection sheets, etc.); damage to FSP program equipment; failure to supply the FSP operator(s) with


SOP – 20

the proper equipment as required in the FSP contract. The fine amount shall not exceed $50.00 per occurrence.

C. Penalty and Discipline Assessment Appeal Process

A Contractor or FSP driver has 30 days from the date of any penalty and/or disciplinary assessment to file an appeal to the CHP for the assessment of a penalty or disciplinary action. All appeals must be in writing and shall include what is being disputed and a request of action to resolve the appeal. Once a written request is received, it will be reviewed by CHP. If necessary, a meeting will be scheduled between CHP, Caltrans, SANDAG, and the Contractor/driver(s) to determine the final decision on the penalty assessment or disciplinary action.

XXXI. EMERGENCY OPERATIONS, DURING A COMMUNICATION PROBLEM/FAILURE

A. COMM Center (Dispatchers) responsibility

1. Create a CAD incident.

a. Describe communication problem/failure. b. Use this incident as a notification log.

2. Contact FSP Coordinators immediately.

a. 124-D 3. Advise CHP units in the field that request for FSP assistance will be suspended

until the communication problem/failure is corrected. 4. Establish contact with the contractor’s local office dispatch center advising them

of the communications problem/failure. Request that the contractor’s dispatch confirm with each of their units (via shop radio or pagers) that they are aware of the problem. Ensure that the contractor’s dispatch center has BCC’s current FSP priority land line and fax numbers.

5. Obtain the list of FSP truck cellular phone numbers from the FSP book at the

dispatch console for those units that are currently equipped. For the beats that do not currently have a cellular phone available, the contractor will designate which beat will act as liaison. Each beat will have one driver designated as the dispatch contact. This driver will provide BCC dispatch with the cellular phone number and relay information to/from BCC.

6. COMM Center dispatchers will collect incoming faxes from FSP contractors

throughout the shift and update the CAD incidents as indicated on the faxes. These faxes will be saved for the FSP Coordinators at the end of the shift. The faxes will then be kept with the invoices for the current month for future reference.

B. FSP Coordinators (CHP Supervising Officers) responsibility


SOP – 21

1. Maintain a presence in the field assisting FSP units whenever possible during the duration of the shift.

2. Collect, organize and file the paper work generated during the shift. 3. Resolve any conflicts that may arise out of complaints of service, discourtesy, or

other inappropriate activity.

C. FSP truck operators (Drivers) responsibility

1. All FSP units will remain on patrol during the entire shift (a normal break will be allowed if your beat is free from incidents).

2. One tow truck from each beat will be designated as the beat communicator. The

RST pickup truck on the same beat must remain in communication with the beat communicator. The beat communicator will be responsible for relaying information to and from his beat partners and to/from the CHP COMM Center (dispatcher). For beats that do not currently have a cellular phone available, the Contractor(s) will have to ensure a phone is provided to the designated truck on each contract beat for the duration of the emergency. Once this phone has been provided the operator will inform the CHP dispatcher of the number. Communication will be kept as concise as possible. Non-designated FSP units that also have cellular capabilities will refrain from calling CHP directly unless it is an emergency.

3. All operators will monitor CHP frequencies for potential problems on their beats

and respond accordingly. 4. The FSP SOP’s will continue to be enforced (i.e., FSP drivers will continue to give

xray mileage).

5. Activity logs will explain in detail each incident encountered. The log shall contain:

a. WHAT you did to assist (e.g., towed to DZ - list xray mileages, gave gas, etc.) b. WHERE the incident took place. c. The TYPE code of the incident (e.g., 1126,1183, etc.) d. Log times on each incident will show time notified (e.g., 1097 and 1098). e. Any other information that the driver feels is important should also be

included.

This information may be critical, if a complaint is logged. 6. Each incident shall be routed to the contractor’s (local office) dispatch center so

they can clear it through CHP dispatch via landline or fax.

D. Contractors responsibility


SOP – 22

1. The Contractor shall provide a minimum of one cellular phone for each contracted beat (current standard is Nextel two-way radio/cellular phone with walkie-talkie). For the RSTs pickup trucks, Contractor shall provide a cellular phone for each truck (excluding the back-up truck so long as the phone is transferred to the seven (7) RST pickup truck in operation). The cellular phone(s) should be given to the designated beat communicator, the driver responsible for relaying information to his beat partners. The contractor’s (local office) dispatch center shall gather the information from their drivers on each incident handled (see attached form). This information shall be faxed to the COMM Center every 30 minutes so the CHP dispatcher can clear the incidents from the CAD system.

XXXII. Driver of the Quarter Award

A. To recognize superior performance, FSP supervisors convene once a quarter to select an FSP driver of the quarter. In order to receive this award, Driver’s must continuously conduct themselves in a professional and exemplary manner. Selection factors include: 1. Field evaluations regarding the Driver’s appearance, performance and

professional conduct. 2. Any commendation letters received by the public and motorist survey forms. 3. Lack of citizen’s complaints.

XXXIII. Driver of the Year Award

A. Recognition of Driver of the Year will be made on the criteria set forth for “Driver of the Quarter”, including field evaluations regarding the Operator's appearance, performance, professional conduct and commendations received from motorists survey forms and letters. The recipient of this award will be selected from the recipients of the “Driver of the Quarter” award. This annual award will recognize the Driver that has provided exceptional service to the motoring public and has been determined the finest Driver in the FSP program for the calendar year.

STATE OF CALIFORNIA

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL

FREEWAY SERVICE PATROL -DAILY INSPECTION REPORTCHP 2340 (Rev. 8-01) OPI 061

; ,.- c~ TRUCK LICENSE # COMPANY NAME

THROUGH:

FSP Drivers: A pre-shift vehicle inspection shall be completed prior to EACH shift. Keep this form with this truck for the entire week. Upon verifying eachitem, check (,I") the appropriate box. Place your initials on the back of this form, in the space provided, for the shift in which you inspected this truck. Submitthe form each Friday to your supervisor. Contractors shall forward completed forms to their respective CHP FSP coordinator.

T MON TUES WED THUR FRI SAT SUN REMARKSVEHICLE/EQUIPMEN AM PM AM PM AM PM AM PM AM PM AM PM AM PM

CLEAN CAB INTERIOR I I I I I I I I I I I I I I Ir --, ---,- --T ---,- --r ---, ---r -, -, ---,-- -T ---,- --r ---, ---r _S!J~~Y_FO~~~~~~C?~H_U!t~~ ~ --~ ---:- --~ ---:- --~--~--~- -~ ---:- --~'~C7"'7!--.+:;ii --i;,~~ --'- --"-- ---

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_T!R_E~ !~ ~~ !,~~~S!J~~)- BRAKES

L!G_H!~ Qt!C_L!J~~S- ~~~ _L~G_Hr~)

CHECK ALL ENGINE FLUIDSCHECK ALL HYDRAULIC FLUIDS

--~SQUARE POINT SHOVEL ' I I' I I I 1 I It .0 I , I I~-~ ~~__J___' ! I~~_!.__J_:'_'___J ;. I I , I 'I ',-.:: "ii.' ":,

BROOM(24"ORWIDER):: I 1 I 1- II 1,1. .1.:; -I--C"'---~--:-'---'---' !---~ ~~~--

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AIR-TANK(100 LBS ) OR COMPRESSOR , I I , 1 -I --I---I--~I---'---'---r'---'---I-:-' C7:::c-C7,,;C7I 1 I I I I I J 1 1 .0 I 1 ,

LOCK OUT SET I I I II I 1 J I I I f 1.0 I,

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FIRE EXTINGUISHER I I "'1.11 I-I I '!I 1 1~ ~ ~ L --J- -_,- --1 --_1- --L --.! --_1- --J -~ _1- --1. --_1_- -L --.! ---'- ~ -;. .)'"'

FLARES -36 (15 MINUTE TYPE) I I :.. : I : : I I , : I I "L --J 1 L J --_,- --1 ---1,- --L --.! ---'- ,,-,,~ -~-'

JUMPER CABLES (25' LENGTH) I I I , I I I I I I I t' I , 1 "" c c'!'

L__J___I l_-_I___L_-.J-__'_--J--C_I _I 1 I"FLOOR JACK (2 TON MIN.) I i I I I I , 1 I ,- -I ---'!- --I --: -, )- c;'";~::;'.!

L__J-_-I___l-__I___L__J__~I_--J--,_I___l- '- L J -IcTRAILERBALL (17/8"&2" ) !.#;r"r'!~.t;:,j"";" I 111 ..I J~I-:-,,--.,,--~t:-'."'j"'I-C : -~ ~ ~ ~ ~ '~"'- .,.",,",,;:,~- _I~ ..'-'.1 ~ -_,- --I.~,",-I- --L --J --_1- --~,~ --'i,-- -'1.::' _J~:;;:- L- _:C -'- --~ STAR LUG WRENCH (1 STD/MET) 'C" ", ~ ..,,~, I .0-:, I I 1 I I I I , I 1 ,

TOWTRUCK LUG -WRE-NCH ~ -~ --J~ ---~ -", !- --:- --~ ---:,- --~ --~ ---:-

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L --.J ---'- --J. ---!- --I. --J ---'- --.J ---1- --J. ---1- --I. J ---'- SAFETY CHAINS. 2 (5' LENGTH) I 1 1 ~ ' I :. I I I ! " I I ~

-~ ~ ~ I- --.J- --'- ,;..I__-!-",,"~.--,-- -.J ---I L--_I[-- -I- --J- --'--- ---~ ~ ~--WINCH CABLE. GOOD CONDITION .I I 1 I 1 1 1 I I I 1 I' I J 1

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I.- ---oJ ---'- --.l _°- -1- --'-- ---oJ- --I.- --.J ---1- --.l ---\- --I- --.J ---'- °- "SPACER BLOCKS. 2 II I 1 II "I 1 ., Ii! I IOj

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' "'J' ""_~_'_"" '~_',"_.f'~.

Destroy Previous Editions c234d801frp

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Attachment SOP-1

TOOLBOX REMARKSNEEDLE NOSE PLIERS

ADJUSTABLE-JOINT PLIERS (2") --~

CRESCENT WRENCH (8" & 12")---

RUBBER MAllET 1 HUB CAP REMOVER---

5 POUND SLEDGE HAMMER

ELECTRICAL TAPE. 1 ROll

MOTORCYCLE TOW BAR 1 STRAPS

WH_E~~~I~~A!~~_S_T~S- --~,'l.:WHEEL RETAINERS 1 O.K. ~

CROSS BAR PIVOT 1 O.K.

STANDARD SCREWDRIVERS (1/8",

3/1~", 114" &5/1~"1 PHilLIPS SCREWDRIVERS #1 & #2

ROLL OVER (IF APPLICABLE)

DRIVER APPEARANCEI or ., "-.~, I 1 ,', , r~ "- --;- -" -~- -~:--"~'~ ~,-~ -~-~

~- --:r --T-"'-,- --r-~,---r1 ,I' 1 I,,' 1,

-""~.F= -T" ~f~~- ~r'-~,~ -"cr'" , 1 1..1 1,

---;,- --.r ,,~ ~I- --r-- ,- --rI , 1 1 -1 I 1

,-,--,,-- -T -,- -,- ~ -'r-'::- ,~--r1 I' I' I 1 ,,- --IC- -T ~ ~ -1- -,- r --,- -~r

I I 1 I I", 1 I

NAME TAG

PH~T~ I~D~ ~~D- STEEL TOE BOOTS

REFLECTIVE TAPE~ UNIFOR~ !G_O_Op _CP~~I!I~~)-

CLEAN APPEARANCE

GROOMING

MORNING SHIFTENDING

AFTEI~NOON SHIFT,

ENDINGMILEAGE

BEGINNING TOTAL BEGINNING TOTAL

:::

~ :-=l-::l ::~ -~~~;~I'- lQTAL AFTERNOON MILEAGE

j;:1;r,t~t,."if'

MONDAY;+

TUESDAY:-WEDN-ESDAY -:

jTHURSDAY I

f

F~!~A_Y- lSATURDAY' I

jSUNDAY I, 1

TOTAL MORNING MILEAGEWEEKLY TOTAL MILEAGE FOR

BOTH AM & PM SHIFTS'""",,,,+-,,-COMMENTS

TRUCK MILEAGE LAST OIL AND LUBRICATION

I

DATE OF LAST TUNE UP

I SIGNATURE--

NAME OF COMPANY'S FSP REPRESENTATIVE/COORDINATOR

I

DATE

��

��

��

��

��

FREEWAY SERVICE PATROL VEHICLE CHECK

This vehicle has been observed parked on the freeway/highway right-of-way by a Freeway Service Patrol Operator.

Location:

Date: Time:

FSP Driver: I.D.:

Your attention is directed to the following:

Parking a vehicle upon a freeway is prohibited except under unusual circumstances (Section 22520 C.V.C.)

Vehicles left on a freeway for more than four (4) hours may be removed by the Californa Highway Patrol, (Section 22651 (F) C.V.C.)

Driver being assisted by:

Sorry we missed you. The Freeway Service Patrol Program operates during peak commute hours on specific sections of the San Diego County freeway system, providing free services to motorists like yourself. If you require immediate assistance, please use a freeway call box. If you have any questions about the FSP program, please call our business office at 858-637-3800.

This is not a traffic citation.Continued violation may result in this vehicle being towed.

If you do not require Freeway Service Patrol assistance, please continue to display this card.

SDFSP 422 (7/04)

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Attachment SOP-2

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Attachment SOP-3

Freeway Service Patrol Driver

Date - Time - Beat - Route

1.How Long did you wait for the Freeway Service Patrol?

0-5 Minutes 5-10 Minutes 10-20 Minutes

20-30 Minutes Longer

2. If your car was towed off the freeway by the Freeway Service Patrol, how long beforeadditional help arrived?

0-5 Minutes 5-10 Minutes 10-20 Minutes

20-30 Minutes Longer

3.How did the Freeway Service Patrol know you needed help?

Driver saw me Used call box CHP Other

4.Overall, how would you rate the service?

Excellent Good Fair Poor

5.How did you hear about the Freeway Service Patrol Program?

Newspaper Radio TV Brochure

Friend Hadn't heard about it until today. Other

6.How would you improve the Freeway Service Patrol Program?

Freeway Service Patrol Survey

Dear Motorist: The Freeway Service Patrol is a free

program to help reduce traffic congestion during your

daily commute. The service is sponsored by SANDAG,

CALTRANS and the California Highway Patrol. To make

the Freeway Service Patrol as responsive as possible,

please take a moment to answer the following questions.

Your responses will be used to improve the service.

Return the form in the mail by using the prepaid postage

on the back. No gratuities or payments will be accepted

by the Freeway Service truck drivers. In addition,

Freeway Service truck drivers cannot recommend

secondary tow operators.

dwe

Attachment SOP-4

san diego association of governments · 2005-04-08 · board of directors the 18 cities and county...

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