C260548_RFP_Exhibit_A_Scope_of_Services.pdf

RFP 260548

EXHIBIT A

SCOPE OF SERVICES

FREEWAY SERVICE PATROL SERVICES

Purpose and Background

The Freeway Service Patrol (FSP) program is a cooperative effort among the California Department of Transportation (Caltrans), the California Highway Patrol (CHP), and participating local agencies. Together, these agencies establish statewide FSP program policies and guidelines. In Orange County (OC), Caltrans, CHP, and the Orange County Transportation Authority (OCTA) comprise the FSP Policy Committee.

The FSP program is part of a statewide traffic-management and motorist-assistance strategy implemented in participating metropolitan areas. The program is designed to mitigate traffic congestion during peak traffic periods by providing timely response to collisions and other incidents that impede traffic flow, including disabled vehicles and debris blocking freeway lanes.

FSP service vehicles actively patrol assigned freeway segments during contracted service hours and assist motorists with disabled vehicles. FSP Operators also assist disabled vehicles located on freeway shoulders and center dividers and may respond to incidents as directed by a CHP Officer, provided the requested assistance is within the scope of the FSP program. FSP Operators must follow the instructions of the CHP Officer at the scene of an incident when those instructions are within the scope of the OC FSP program. If a CHP Officer directs an FSP Operator to provide services outside the standard operating guidelines (SOG), the Operator must notify CHP dispatch and obtain authorization before providing such assistance.

OCTA is the sponsoring agency for the OC FSP program and is responsible for service contracting, contract administration, program oversight, and program development.

OCTA has entered a Memorandum of Understanding with Caltrans and CHP for operation of the FSP program on freeways throughout OC.

OCTA contracts with private tow companies (Contractors) to provide FSP services in accordance with the SOG developed by the FSP Policy Committee. Contractors provide all tow trucks, personnel, uniforms, tools, equipment, fuel, and other items necessary to perform FSP services and assist motorists.

OCTA provides designated program communications infrastructure and equipment, including program radios and mobile routers.

OCTA compensates each Contractor at a flat Vehicle Service Hour (VSH) rate for approved, scheduled FSP service hours provided in accordance with the applicable contract. Contractors retain title to and physical ownership of the tow trucks purchased at the inception of the contract and all other Contractor-provided equipment. OCTA retains ownership of OCTA-provided program communications infrastructure and equipment.

The FSP Policy Committee develops minimum program guidelines that Contractors must incorporate into their FSP training and operating procedures. Contractors are responsible for providing employee training, operational instruction, direct supervision, and workplace safety oversight for their FSP Operators.

CHP is responsible for driver background investigations; initial driver training (IDT) on FSP program SOG; required annual refresher training necessary to maintain FSP tow certificates; annual and periodic inspections of program tow trucks; dispatch services; and field monitoring of Contractor and Operator compliance with FSP program requirements.

OCTA and CHP monitor Contractor compliance with applicable FSP contract and program requirements.

FSP Operators are employees of the Contractors and provide immediate assistance to motorists with disabled vehicles and those involved in minor collisions. Operators assist with clearing automobiles, small trucks with a curb weight of 6,000 pounds or less, and small debris from the freeway.

FSP Operators may jump-start vehicles, change flat tires, provide one gallon of fuel, refill radiators, temporarily tape leaking water hoses, and perform other quick services intended to mobilize a disabled vehicle. Operators should not spend more than 10 minutes attempting to mobilize a vehicle. If the vehicle cannot be mobilized within that period, the FSP Operator may tow it from the freeway to a CHP-designated drop zone, where the motorist may arrange for secondary assistance.

All FSP services are provided at no cost to motorists. FSP Operators must not accept gratuities or provide secondary towing or repair services. Operators are also expressly prohibited from referring motorists to specific towing companies, repair facilities, body shops, roadside-assistance providers, or other commercial service providers, including the Operator's employer.

FSP Operators who violate OC FSP requirements may be suspended or disqualified from participating in the program. Contractors may also be subject to contractual remedies, up to and including contract termination. Administrative actions against Operators or Contractors may be imposed for violations of the FSP SOG or applicable OCTA contract requirements.

Essential Contractor Qualifications, Service Requirements, and Contract Award

OCTA is issuing this Request for Proposals (RFP) to select contractor(s) to provide FSP services in the areas identified in Attachment A of this Scope of Services (SOS). Service areas may be awarded to a single Contractor or multiple Contractors at the discretion of

OCTA.

To be eligible for contract award, a Contractor must have operated a towing business in California for a minimum of three (3) years and must maintain a tow facility within proximity to the applicable service area. Contractor’s key personnel must have a minimum of three

(3) years of towing-industry experience, and the proposal must meet all applicable RFP requirements. Experience providing CHP Rotation Tow, FSP, municipal tow, local law enforcement tow, or other rotation tow services may be beneficial but is not required.

A Contractor that has been suspended or terminated from any FSP or Rotation Tow program for any of the reasons listed below is ineligible to participate in the OC FSP program for five (5)-years from the effective date of the suspension or termination:

• Failure to meet insurance requirements;

• Failure to meet safety requirements, including, but not limited to, unsafe actions, unsafe equipment, Gross Vehicle Weight Rating (GVWR) violations, or violations of safe-loading requirements;

• Intentional overcharging or a pattern of overcharging customers;

• Use of unqualified, uncertified, or unapproved tow operators; or

• More than one suspension within a twelve (12)-month period or more than two (2) suspensions within a twenty-four (24)-month period for unsatisfactory performance.

A Contractor without prior experience providing services under a California FSP contract will be considered a New Contractor and may be awarded only one (1) service area, consisting of no more than five (5) weekday beats. A New Contractor that remains in good standing for one (1)-year, as determined by the FSP Policy Committee, may be considered for additional service area awards in future procurements.

An existing Contractor that is determined not to be in good standing, but that has not been suspended or terminated from the program, may be limited to award of only one (1) service area or may be excluded from award of additional service areas. OCTA reserves the right to limit the number of service areas awarded to any Contractor, regardless of experience.

Proposing firms should anticipate a maximum of one hundred eighty (180) days to acquire the required equipment, have it inspected, hire and train drivers, and be fully operational. The Contractor shall have all required equipment, inspections, hiring, and training completed at least fourteen (14) business days before the start of service.

If the Contractor fails to satisfy the operational-readiness requirements by the required deadline, OCTA may terminate the Contract and may exclude the Contractor from any replacement procurement for the affected service area(s).

OC FSP trucks operate on designated freeway segments referred to as beats. Each beat includes specific turnaround locations and designated drop locations identified by CHP.

Beats are grouped into service areas for FSP billing and contract award purposes.

Attachments A and B provide the beat and service area descriptions, minimum number of assigned trucks, minimum recommended number of backup tow trucks, and daily hours of operation for each beat included in this procurement. Proposers should use the service-hour schedules in Attachment A to calculate estimated VSH for their cost proposals.

Midday service may be canceled up to five times per year, between 10:00 a.m. and 3:00 p.m., to allow FSP Operators to attend mandatory refresher training. Attachment C provides a tentative training and holiday schedule, including applicable FSP service levels for designated holidays. OCTA reserves the right to add or remove holidays from the work schedule. OCTA will minimize such changes and will provide Contractors with at least thirty (30)-days' notice of any change to the holiday schedule.

Travel time, also referred to as deadhead, and all associated costs incurred while traveling to and from the assigned service beat are the Contractor's responsibility and must be included in the VSH rate. A Contractor's tow truck must be on the assigned beat before the Operator advises CHP dispatch that the truck is available for service. A truck that is not on the assigned beat by the required start time will not receive VSH credit for the period during which service was not provided and may be subject to additional remedies or penalties identified in the applicable SOG.

OCTA reserves the right to adjust beat specifications to accommodate service needs.

Any such change during the Contract term will be made at the discretion of the OCTA Project Manager and documented by written change order within seventy-two (72)-hours.

Changes will not significantly increase beat deadhead or mileage and will remain within the maximum obligation of the agreement unless authorized through a contract amendment and, when required, approval by the OCTA Board of Directors.

FSP services awarded through this procurement are scheduled to begin October 3, 2027, and continue for six (6)-years, through October 1, 2033, unless terminated or extended in accordance with the Contract.

Additional off-peak and weekend support services may be added during the term of using existing service vehicles, including during the 2028 Olympic period. To the extent practicable, OCTA will provide Contractors with at least 30 days' notice before additional service begins or is discontinued.

Local Office

The Contractor must maintain a local office, which should be in reasonable proximity to the Contractor's service area(s). The office must be staffed by the Contractor or a designated representative authorized to conduct business and make decisions on behalf of the Contractor. During the Contractor's scheduled FSP service hours, a company representative with appropriate decision-making authority must be available to respond promptly to FSP-related questions and issues.

The Contractor must provide telephone and internet service; document scanning and email capabilities; and a current Windows-based computer, monitor, and printer equipped with the standard Microsoft Office applications necessary to support contract administration and reporting requirements. OCTA will provide the Contractor with access to OCTA's web-based FSP monitoring application, LataTrax, to review Contractor service activity and enter required service data that was not recorded through the in-vehicle data device. OCTA will provide required monthly report templates in Microsoft Word or Excel format. The Contractor must complete and return all reports in the original Microsoft Office file format provided by OCTA.

Records relating to the Contractor's drug and alcohol program, required drug and alcohol testing, safety training, payroll, and California Department of Motor Vehicles (DMV) Pull Notice Program must be securely maintained by the Contractor and made available as legible electronic copies upon request. The FSP Policy Committee reserves the right to inspect physical records at the Contractor's office during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m.

During non-business hours when FSP service is not operating, the Contractor may use a voicemail system, provided at the Contractor's expense, to receive and record after-hours calls, including complaints, service-related inquiries, and other messages requiring Contractor follow-up.

Contractor Oversight and Supervision

FSP Operators are employees of the Contractor. OCTA staff and CHP personnel monitor FSP program activity and contract compliance and coordinate program-related communications; however, the Contractor remains solely responsible for the training, supervision, management, and safety of its employees.

The Contractor must train FSP Operators in appropriate towing and motorist-assistance procedures, applicable company procedures, and employee safety requirements. The Contractor must directly supervise and manage its employees at all times.

Contractor owners, managers, supervisors, and other personnel designated as Key Personnel who are authorized to make FSP-related operational decisions or supervise FSP personnel must complete the IDT classroom instruction provided by CHP.

Key Personnel must regularly participate in required OC FSP mandatory refresher training to maintain a working knowledge of FSP program guidelines, current operational issues, and program changes.

At least one member of the Contractor's Key Personnel must maintain current certification as an OC FSP Operator throughout the Contract term.

Certified Key Personnel who do not regularly perform FSP Operator duties may be excused from no more than one mandatory refresher-training session per calendar year when necessary to manage other Contractor operations. Any request to be excused must be approved in advance by the CHP Program Managers. The individual must subsequently complete CHP-approved make-up instruction covering the material presented during the missed training session.

Key Personnel must also successfully complete a pre-employment drug and alcohol screening, or a pre-program screening if already employed by the Contractor, and must participate in the Contractor's required random drug and alcohol testing program, as applicable.

These requirements do not transfer responsibility for employee training, supervision, management, workplace safety, or employment-related actions from the Contractor to OCTA or CHP.

Integrity, Records Management, and Accuracy of Information

The OC FSP program relies on accurate information and complete records for public accountability, program administration, Contractor payment, Operator and vehicle eligibility, safety monitoring, performance evaluation, and compliance with the Contract and SOG.

The Contractor must conduct its FSP operations with honesty and integrity and must ensure that Key Personnel, FSP Operators, and other employees assigned responsibilities under the Contract understand the importance of accurate reporting and recordkeeping.

Accuracy and Completeness of Information

The Contractor must ensure that all information, records, reports, logs, forms, certifications, invoices, data entries, and other documentation submitted to or maintained for OCTA or CHP in connection with the FSP program are complete, accurate, timely, and truthful to the best of the Contractor's knowledge.

The Contractor must maintain reasonable internal controls and quality-control practices appropriate to the type of record or information being maintained or submitted.

If the Contractor discovers that previously submitted information is inaccurate or incomplete, the Contractor must promptly notify the appropriate OCTA or CHP program representative and provide corrected information.

Records Management

The Contractor must create, maintain, protect, retain, and make available all records required by the Contract, SOG, and applicable law.

Required records must be maintained in a manner that:

• Preserves their accuracy, completeness, and legibility;

• Protects them from unauthorized alteration, destruction, loss, or concealment;

• Allows required records to be located and produced within applicable timeframes;

• Maintains required supporting documentation; and

• Complies with applicable record-retention requirements.

Where an existing record must be corrected, the correction must be made in a manner that does not improperly conceal or misrepresent the original information.

Falsification of Records

The Contractor, Key Personnel, FSP Operators, and other personnel performing work under the Contract must not knowingly falsify, fabricate, backdate, conceal, destroy, improperly alter, or submit false or materially misleading information in any FSP-related record, report, log, inspection form, training record, time or service record, invoice, data entry, certification, or other required documentation.

The Contractor must not direct, encourage, permit, or knowingly disregard the falsification of FSP records by its employees or representatives.

Falsification includes knowingly recording an event or activity that did not occur, knowingly failing to record required information for the purpose of concealing noncompliance, altering a record to misrepresent the circumstances of an event, or knowingly submitting information that materially misrepresents FSP service, compliance, eligibility, or performance.

Falsification of a required FSP inspection, service, or other records will result in suspension or disqualification of the responsible individual from participation in the FSP program and may lead to the suspension or termination of the FSP contract. Suspension or disqualification affecting an individual's eligibility to participate in the FSP program does not require the Contractor to terminate the individual's employment. The Contractor remains responsible for any employment-related action concerning its employees.

Any intentional falsification, material misrepresentation, concealment, or submission of materially inaccurate information may result in applicable program, administrative, or contractual action under the Contract and SOG, up to and including Contract termination.

Nothing in this section transfers responsibility for employee discipline or other employment-related actions from the Contractor to OCTA, CHP, or Caltrans.

Vehicle Specifications

Contractor service vehicles assigned to this Contract must be crew-cab, service-body tow trucks dedicated exclusively to the OC FSP program and must not be used for any other purpose during the term of the Contract. Flatbed or carrier-style tow trucks are not permitted. When not providing FSP service, vehicles must be returned to the Contractor's facility.

All FSP tow trucks must comply with the vehicle appearance, identification, and labeling requirements specified in this section to promote consistent public recognition of the FSP program.

Equipment Requirements

A. Tow Truck Requirements (Must Be Crew Cab)

All vehicles, tow bodies, tools, and equipment must be new and unused and dedicated exclusively to the OC FSP program. Recertified, refurbished, or previously used tow bodies are not permitted. All vehicle components, tools, and equipment must be installed and fully operational before CHP inspection and certification. Vehicle maintenance must be performed during non-service hours.

At a minimum, the FSP program must utilize Class A tow trucks with a minimum Gross Vehicle Weight Rating (GVWR) of 14,000 pounds, a dual-wheel chassis, a service-body configuration, and a crew cab capable of safely transporting up to four passengers, including one front-seat passenger. Flatbed or carrier-style tow trucks are not permitted.

All trucks proposed for FSP service must be less than one year old and have no more than 25,000 miles at the start of service.

Each tow truck must be equipped in accordance with the OC FSP SOG and, at a minimum, must include the following:

• Wheel-lift towing equipment with a minimum lift rating of 3,000 pounds. All towing equipment must include appropriate safety straps.

• Optional: Boom with a minimum static rating of 8,000 pounds. A boom is not required for FSP service. If provided, the boom and all related components and equipment must be fully operational and subject to applicable inspection and certification requirements.

• Required if a boom is provided: Winch and cable equipment with an 8,000-pound rating on the first cable layer.

• Required if a boom is provided: Winch cable measuring 100 feet in length and 3/8 inch in diameter, with a working load limit of 3,500 pounds.

• Optional if a boom is provided: Towing slings with a minimum 3,000-pound rating.

• Right- and left-side drag-light connectors that allow FSP Operators to connect drag lights from either side of the tow truck, based on the safest side for access under prevailing traffic conditions.

• Tow dollies. Saddle-mounted tow dollies must be positively secured within the saddle to prevent displacement during vehicle operation. If a chain or clip is used as the primary securement method, a secondary securement method must also be provided and must be readily visible to the FSP Operator during a vehicle walk-around.

• All equipment stored on top of the tow body or elsewhere on the vehicle must be positively secured in a manner that prevents it from falling or becoming dislodged.

Gravity alone is not an acceptable method of equipment securement.

Contractors must comply with all additional vehicle and equipment requirements contained in FSP SOG.

B. Tool, Equipment, and Supply Requirements

All required tools, equipment, and supplies must be new and unused at the beginning of the Contract. Attachment D, SOG, identifies the required tools, equipment, and supplies for each FSP tow truck.

The FSP SOG is reviewed, updated, and distributed annually to Contractors and applicable Contractor personnel. Contractors are responsible for ensuring that each vehicle assigned to the FSP program is equipped and maintained with all tools, equipment, and supplies required by the current FSP SOG.

At its discretion, the Contractor may provide additional tools, equipment, or supplies to support the safe and efficient performance of FSP services, provided such items are consistent with applicable program requirements. Refer to Section 2.1.5 of the FSP SOG, Contractors' Duties and Responsibilities – Tools, Equipment, and Supplies, for additional requirements.

C. General Vehicle Requirements

Before the commencement of service, CHP must inspect each vehicle designated for the FSP program for compliance with applicable FSP vehicle, equipment, and safety requirements.

Completed service vehicles, including all required tools and equipment, must be available for initial CHP inspection at least twenty-one (21)-days before the scheduled start of service. Initial CHP inspections must be completed at least fourteen (14)-days before the scheduled start of service. Any required corrective action and follow-up inspection must be completed before the Contractor begins service. These vehicle inspection requirements are in addition to the Contractor's overall operational-readiness requirements specified elsewhere in this SOSs.

Subsequent inspections may be conducted at CHP's discretion and must occur at least annually at a location designated by CHP and at the Contractor's expense.

CHP may inspect FSP vehicles and Operators during service. A vehicle determined to be unsafe, inadequately maintained, or improperly equipped may be removed from FSP service until the identified deficiencies are corrected. An Operator who fails to meet applicable FSP certification, qualification, safety, or other program requirements may also be removed from FSP service in accordance with the SOG. The Contractor remains responsible for the supervision, management, and employment-related actions concerning its employees.

The Contractor will not receive VSH credit for service hours not provided while a vehicle or Operator is unavailable due to identified deficiencies and may be subject to applicable administrative or contractual remedies established in the FSP SOG. Such consequences must continue until the deficiency is corrected or an approved replacement vehicle or Operator is placed into service, as applicable.

All OC FSP vehicles must be painted white. Trim is optional; if used, it must not exceed four inches in width on the front or sides of the vehicle. No accessory equipment may be installed or mounted without prior CHP approval, including, but not limited to, wheel covers, supplemental lighting, window tint, or other vehicle accessories.

D. Vehicle Identification

Base Vehicle Color

FSP fleet vehicles must be painted white except for authorized and required markings.

Required vehicle markings are specified in this section.

Vehicle Numbers

FSP vehicle identification numbers must be displayed on the left and right front quarter panels, the left front of the vehicle facing forward, the left rear of the vehicle facing rearward, and on the left and right faces of the lightbar pylon, facing outward.

Vehicle identification numbers must be standard black and must contrast with the surface on which they are applied. Metallic lettering and shadowing are prohibited. Only Arial block lettering must be used; italic and script fonts are prohibited.

Vehicle identification numbers must be positioned and sized so they are easily identifiable from a distance of at least 20 yards. Each vehicle identification number must be preceded by an OCTA-assigned company identification letter (for example, F134 or C530).

If the FSP Policy Committee determines that a vehicle number does not comply with applicable placement or identification requirements, the Contractor must correct the deficiency. Contractors should consult with CHP before applying vehicle numbers if clarification regarding placement is needed.

Contractor Information and Location on Vehicle

The Contractor's name, address, telephone number, and Motor Carrier Permit number, as required by applicable requirements, must be displayed on both the driver and passenger sides of the vehicle. The information must be centered to the extent practicable and placed on the lower rear section of the tow body as follows:

CONTRACTOR NAME

Street Address City, State, ZIP Code Telephone Number, Including Area Code Motor Carrier Permit Number

Lettering and Numbering for Contractor Information

Letters and numbers must be two inches high by two inches wide. Vertical separation between lines must not exceed the letter height.

All lettering must be parallel to the ground. The Contractor's name must be displayed in uppercase letters. The remaining information must use conventional upper- and lowercase lettering, except for required abbreviations. The Motor Carrier Permit number must be displayed in the required format.

Lettering must be standard black and must contrast with the surface on which it is applied.

Metallic lettering and shadowing are prohibited. Only Arial block lettering must be used;

italic and script fonts are prohibited.

Prohibited Vehicle Markings and Items

Unless otherwise expressly authorized by OCTA or CHP, the following are prohibited:

• Pinstriping or underlining;

• Contractor logos, non-FSP logos, symbols, pictures, or other unauthorized markings;

• Hours of service, names, or other lettering not specifically authorized by this SOSs;

• Lettering on booms, hoods, windows, mud flaps, or other locations except as specifically authorized;

• Magnets, except CHP-approved "Not in Service" signs; and

• Lettering on the front or rear of the vehicle except as specifically required by this

RFP.

Exceptions

A Contractor requesting a deviation from the vehicle lettering or identification requirements must submit the request in writing and obtain written approval from the OCTA Project Manager before applying the proposed deviation.

Any unauthorized deviation may result in suspension of the affected vehicle from FSP service until the deficiency is corrected. A vehicle that does not comply with applicable vehicle identification and appearance requirements will not receive start-up inspection approval and may not begin FSP service until all required inspections are successfully completed.

Light Bar Identification Panel and Front-Facing Identification

The light bar must be mounted on an extended pylon of Contractor design. A metal identification panel approximately 3½ inches high may be mounted to the bracket between the light bar and the cab roof.

The rear-facing side of the panel must display the words FREEWAY SERVICE PATROL, so the identification is clearly visible from the rear of the vehicle.

The front of the vehicle must also display FREEWAY SERVICE PATROL in a manner that allows the wording to be read correctly in the rearview mirror of a vehicle traveling ahead of the FSP truck. The lettering may be applied in mirror-image format to a flat front-facing surface, at hood level.

Front Facing Surface:

Rear Facing Light Bar:

Freeway Service Patrol

The words FREEWAY SERVICE PATROL must be readily visible from both the front and rear of the FSP vehicle.

Door Panels

The official FSP logo decal must be placed on the forward-most door on each side of every FSP vehicle. OCTA will provide the official FSP logo decals. The Contractor must provide and install all required FSP lettering in accordance with the specifications contained in this SOSs.

FSP Lettering on Tow Body or Optional Boom

The Contractor must display FREEWAY SERVICE PATROL lettering on both sides of the tow body. If an optional boom is provided and the boom provides the designated visible surface for the required lettering, the lettering may be placed on both sides of the boom.

If the boom is not readily visible, the required lettering must be placed on both sides of the tow body. All lettering must comply with the size, font, color, placement, and other specifications established in the preceding vehicle identification requirements.

Rear-Facing Conspicuity Markings

All rear-facing vertical surfaces of the tow body and towing equipment designated for conspicuity markings must be equipped with alternating red and yellow, high-contrast, retroreflective conspicuity tape meeting applicable U.S. Department of Transportation (DOT) C2 specifications and FSP program requirements. The placement and configuration of the conspicuity markings must be approved by CHP Program Managers before installation.

Contractors may propose additional retroreflective or conspicuity treatments, provided the proposed treatment does not interfere with or detract from required FSP vehicle identification. Any proposed additional treatment must be submitted to CHP Program Managers for approval before installation.

511 Motorist Aid Decal

The official 511 Motorist Aid decal must be displayed on both sides of each FSP vehicle in a location readily visible to motorists. The Contractor must propose the decal location, subject to approval by the OCTA Project Manager. OCTA will provide one 11-inch by 14-inch 511 Motorist Aid decal for each side of each FSP vehicle.

Not In Service Signs

The Contractor must provide two magnetic NOT IN SERVICE signs for each FSP vehicle.

The signs must be of sufficient size to completely cover the FSP logo, approximately 18 inches by 18 inches.

The signs must be placed over the FSP logos whenever the vehicle is not providing FSP service, including while deadheading to or from the assigned service beat, traveling to or from training, being transported to a maintenance or repair facility, or being used for any other authorized non-service activity.

OCTA- and Contractor-Furnished Materials

OCTA will provide the Contractor with the FSP and 511 decals specified in this RFP.

Unless otherwise stated, the Contractor must furnish and install all other vehicle markings, signs, materials, and equipment required by these specifications.

Pre-Operation Inspections

Before the start of each FSP shift, the Contractor must ensure that the assigned FSP Operator is fit for duty and completes a pre-operation inspection of the vehicle and verifies that all required tools, equipment, and supplies are present, serviceable, and properly secured. The Operator must complete the required inspection and inventory form before beginning FSP service.

An authorized Contractor agent, manager, or designated Key Personnel must be on-site during each pre-operation inspection and must review and sign the required pre-operation inspection and inventory form before the Operator begins the FSP work assignment.

Any missing, defective, improperly secured, or unserviceable required item must be replaced or corrected before the vehicle is placed into FSP service.

When an FSP vehicle remains on the beat for consecutive shifts, the replacement Operator must complete a field vehicle inspection required by the SOG before continuing in service.

Falsification of a required FSP pre-operation inspection or inventory record will result in suspension or disqualification of the individual responsible from participation in the OC FSP program. Suspension or disqualification affects the individual's eligibility to participate in the FSP program and does not require the Contractor to terminate the individual's employment. The Contractor remains responsible for any employment-related action concerning its employees.

Pre-operation inspection and inventory records shall be maintained in accordance with the Integrity, Records Management, and Accuracy of Information requirements of this SOS.

The Contractor must retain completed pre-operation inspection and inventory forms at its local office for at least 60 days following the applicable service date and must make the records available upon request for inspection by authorized OCTA or CHP representatives. After 60 days, the Contractor may store the records at another location, subject to applicable record-retention requirements.

Driver Uniforms and Equipment

The Contractor must provide each FSP Operator with all uniforms, footwear, safety vests, rain gear, personal protective equipment, and other uniform or safety-related items required by the current FSP SOG and applicable State and federal laws and regulations.

The Contractor must ensure that each FSP Operator has enough serviceable uniform items to report for assigned FSP service in compliance with program requirements.

Required uniform and equipment items must be replaced when worn, damaged, defective, or otherwise no longer serviceable.

Specific uniform, footwear, personal protective equipment, and replacement requirements must be maintained in the FSP SOG.

Safety Vests

The Contractor must provide each FSP Operator with high-visibility safety apparel that complies with applicable FSP SOG requirements and applicable American National Standards Institute/International Safety Equipment Association (ANSI/ISEA) standards.

Each FSP Operator must be provided with a neon-green safety vest meeting ANSI/ISEA Performance Class 3 requirements. The vest must include a large OC FSP logo centered on the back, and a small OC FSP logo on the left front panel. OCTA will provide the required large and small FSP logo patches.

The Contractor must ensure that FSP Operators wear the required safety vest during FSP service hours, except during authorized breaks.

CHP Program Managers may conduct field inspections to monitor compliance with FSP uniform and safety-apparel requirements. An Operator who is not wearing the required uniform or safety apparel may be removed from FSP service in accordance with the SOG.

Repeated violations may result in additional administrative action, including written warning, suspension, or disqualification from participation in the FSP program, as provided in the SOG. The Contractor remains responsible for supervision, management, and any employment-related action concerning its employees.

Communications and Information Technology Equipment

The Contractor must provide and maintain a shop radio or other required communications equipment that enables the Contractor to communicate with its FSP Operators and allows Operators to communicate with one another in the field.

The Contractor must also provide and maintain an external public address (PA) system that allows an FSP Operator to communicate from inside the vehicle cab with persons outside the vehicle. The PA system must be capable of accepting an external input from the FSP radio so that radio communications may be transmitted through the external PA system when necessary.

The Contractor must be responsible for connecting the external PA system to the designated external speaker output of the FSP radio. If required by the Contractor's PA-system configuration, the Contractor must provide an appropriate switch or other control to enable or disable the external radio connection.

For local office and contract administration purposes, the Contractor must provide and maintain a Windows-based computer, monitor, and printer, with the Microsoft Office Suite installed, including Word and Excel, as necessary to support OCTA reporting and administrative requirements.

For in-vehicle FSP data collection, the Contractor must provide and maintain a new and unused iPad compatible with the LataTrax system. The Contractor is responsible for ensuring that the iPad remains operational and available for use during FSP service.

OCTA will equip each OC FSP vehicle with designated program communications equipment, including an FSP radio; a Cradlepoint router or other approved GPS and Wi- Fi hotspot device; a radio antenna; and a GPS antenna. This equipment will support communication between FSP Operators and the CHP Communications Center, vehicle location monitoring by authorized program personnel, and Wi-Fi connectivity for the Contractor-provided iPad used for LataTrax data collection.

OCTA will provide, install, and maintain OCTA-provided communications equipment necessary for continued program operation.

The Contractor must provide the electrical connection points and other vehicle accommodations required for installation of OCTA-provided communications equipment.

The Contractor must coordinate with, and monitor installation performed by OCTA-provided communications-system installers to protect Contractor-owned vehicles and equipment from damage.

When drilling or other vehicle modifications are necessary for installation, the Contractor is encouraged to perform such work in coordination with OCTA-provided communications-system installers. The Contractor must not pre-drill mounting or access holes for OCTA-provided communications equipment unless specifically authorized. Installation questions or concerns must be coordinated with the OCTA-provided communications-system installers before work proceeds.

The Contractor must safeguard OCTA-provided communications equipment while it is installed in or otherwise under the Contractor's care, custody, or control. The Contractor will be responsible for loss of or damage to OCTA-provided equipment beyond normal wear and tear, subject to the terms of the Contract.

OCTA-provided vehicle communications equipment must be returned upon expiration or termination of the Contract, or at such other time as directed by OCTA. Costs associated with lost, unreturned, or damaged OCTA-provided equipment beyond normal wear and tear may be deducted from amounts otherwise due to the Contractor in accordance with the Contract.

Fuel

The Contractor must provide all diesel and gasoline fuel required for its FSP service vehicles, including gasoline carried for distribution to motorists. All costs associated with vehicle fuel, distributed fuel, consumables, and materials must be included in the Contractor's proposed VSH rate.

Refer to the Payment, Pricing, and Reporting section for additional requirements applicable to VSH rates.

FSP Operators

The Contractor must comply with the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a), and 60-741.5(a), as applicable.

All prospective FSP Operators must meet applicable FSP program requirements, including maintaining a safe driving record as specified in the FSP SOG, possessing a valid California Class C driver's license, and maintaining a valid medical certificate.

Prospective FSP Operators will be subject to driving record and criminal background reviews. CHP will conduct the required reviews, including Live Scan fingerprinting. The Contractor is responsible for all applicable costs associated with these reviews.

An individual who does not satisfy applicable criminal-background, driving-record, or other eligibility requirements identified in the California Vehicle Code or FSP SOG will not be eligible for certification or participation in the FSP program.

The Contractor is responsible for ensuring that prospective FSP Operators have sufficient towing experience and proficiency with required FSP tools and equipment to safely and properly perform assigned duties before presenting them for FSP certification and service.

Prospective FSP Operators must be able to communicate clearly in English as necessary to perform FSP duties safely and effectively, demonstrate proficiency in tow-truck operations and use of required FSP equipment, and exercise sound judgment in performing their responsibilities.

The Contractor must participate in the DMV Employer Pull Notice (EPN) Program and must maintain compliance with applicable program requirements.

FSP Safe Driver Guidelines

FSP safe-driver guidelines evaluate driving records using point values established by the DMV for applicable Vehicle Code violations, other code violations, and local ordinances involving operation of a motor vehicle.

In addition to violations assigned a point value by DMV, violations of failing to appear in court or paying a fine (Vehicle Code Section 40508) may be considered within the one-point category for FSP program evaluation purposes. The FSP Policy Committee may evaluate such violations on a case-by-case basis. Collisions that do not include a not-at-fault determination may also be evaluated on a case-by-case basis.

A prospective or current FSP Operator may be denied certification or continued eligibility for failure to satisfy FSP safe-driver or other applicable program requirements. Proposers must refer to Attachment D, FSP SOG Chapter 3, for applicable FSP program and safe-driver requirements.

FSP program requirements, including safe-driver requirements, apply to Contractors, applicable Key Personnel, and FSP Operators as specified in the SOG. Individuals or

Contractors who fail to satisfy applicable requirements may be subject to disqualification or other program action in accordance with the SOG.

Operating Guidelines

All FSP Operators, including backup Operators, must successfully complete required FSP program training provided by CHP, proficiency testing, and ride-along requirements before being authorized to provide FSP service, unless otherwise approved by CHP in accordance with the SOG.

CHP provides required initial instruction on FSP program requirements and SOG. The Contractor remains responsible for training its employees in towing and motorist-assistance procedures, company policies and procedures, workplace safety, and other employer-required training.

The Contractor must compensate its employees for time spent attending required training in accordance with applicable requirements. Training-related labor and other Contractor costs are considered part of the Contractor's cost of providing FSP service and are not separately reimbursable by OCTA unless otherwise expressly stated in the Contract.

Upon successful completion of applicable program requirements, an FSP Operator will be issued the required DMV DL-64 certificate. The Contractor will be responsible for the applicable certificate fee.

An Operator who does not possess a valid required FSP certificate must not provide FSP service. Program or contractual actions resulting from the use of an uncertified Operator will be administered in accordance with the FSP SOG and Contract requirements.

On-The-Job and Behind-The-Wheel Training

A new FSP Operator without prior FSP experience must complete Contractor-provided On-the-Job Training (OJT) and Behind-the-Wheel (BTW) Training before being released to independent FSP service.

After completing CHP IDT and passing the required towing proficiency test, the Operator must complete at least 24 hours of OJT, of which at least sixteen (16)-hours must consist of BTW Training in an FSP tow truck.

All required BTW Training must be completed during weekday morning or afternoon peak-hour FSP shifts.

The Contractor must ensure that the Operator Trainee is accompanied by an experienced, certified FSP Operator who meets the trainer requirements established in the FSP SOG.

All required OJT and BTW Training must be completed within forty-five (45) calendar days following the last day of the Operator Trainee's IDT class.

The Contractor must document completion of the required OJT and BTW Training in accordance with the FSP SOG and must retain the applicable training records. OCTA and CHP may monitor compliance with these program requirements.

Detailed OJT and BTW Training content, documentation, dispatch-notification requirements, trainer requirements, and other implementation guidelines are established in the FSP SOG.

Standard Operating Guidelines

The FSP SOG is a living document that is reviewed and updated annually and maintained by FSP Policy Committee. The SOG establishes FSP program training, certification, operational, equipment, and service guidelines consistent with applicable statutory authority.

FSP Policy Committee will provide Contractors with updates to the SOG in electronic format. Printed or electronic copies will be made available as required for FSP Operators and FSP vehicles.

The Contractor must ensure that its FSP Operators are familiar with and comply with applicable provisions of the current FSP SOG. The Contractor must incorporate applicable FSP SOG requirements into its company policies, training, operating procedures, and practices governing employees assigned to the FSP program.

The Contractor remains responsible for developing and administering its own employee training, supervision, safety practices, and company operating procedures consistent with applicable FSP program guidelines.

Required Refresher Training

Contractors, FSP Operators, and applicable supervisory personnel must complete eight (8)-hours of required CHP-provided FSP program refresher training each calendar year to maintain applicable FSP certifications.

The OC FSP program satisfies the annual refresher-training requirement through approximately quarterly training sessions, each generally lasting two hours. Mandatory refresher training is typically scheduled from approximately 12:00 p.m. to 2:00 p.m. Midday FSP service will not operate when Contractors and Operators are scheduled to attend required quarterly training.

The Contractor must compensate its employees for attendance at required refresher training. Employee compensation and other Contractor costs associated with required training are considered Contractor overhead and are not separately reimbursable by

OCTA.

To the extent practicable, Contractors, FSP Operators, and applicable supervisory personnel must attend each mandatory refresher training session offered by the OC FSP program to remain current on program guidelines, operational issues, and training topics.

A Contractor or Operator unable to attend a scheduled mandatory refresher training session must obtain approval for an alternate means of satisfying the annual refresher training requirement. Requests must be submitted in writing or by email to the OCTA staff and CHP at least forty-eight (48)-hours before the scheduled training session, except when advance notice is impracticable due to illness or another unforeseen circumstance.

The request must include:

• Scheduled training date;

• Operator's first and last name;

• FSP identification number;

• Reason for missing the scheduled training;

• Proposed alternate training method; and

• Proposed timeline for completion of the alternate training.

The OCTA staff will coordinate with CHP Program Managers as necessary to confirm the Operator's program status and training history and will provide a written or electronic response to the Contractor.

If an Operator is unable to attend due to illness or another unforeseen circumstance, the Contractor must notify OCTA staff and CHP as soon as practicable and provide the information required above.

A Contractor or Operator who fails to complete required refresher training or an approved alternate training requirement within the applicable timeframe may be suspended from FSP participation in accordance with the SOG. Repeated or unjustified noncompliance may result in additional program or contractual action.

Monthly Contractor Safety Meetings

The Contractor, as the employer of FSP Operators, is responsible for establishing, implementing, and maintaining all required workplace safety programs, including an Injury and Illness Prevention Program (IIPP), in accordance with applicable California occupational safety and health requirements. The Contractor must also comply with all authority Health, Safety, and Environmental Compliance (HSEC) department requirements outlined in the OCTA agreement.

As part of its employee-safety responsibilities, the Contractor must conduct a safety meeting for FSP Operators at least once each month. Each meeting must last at least one hour and must address relevant workplace and operational safety topics, applicable FSP program information, and employee safety concerns.

The Contractor must develop an annual schedule identifying the date, time, and location of each monthly safety meeting and must provide the schedule to FSP Policy Committee before the beginning of each calendar year.