EXHIBIT I - LIQUIDATED DAMAGES SCHEDULE.pdf
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- Solicitation number
- FS135771
- Issued by
- California
About this file
This is a Liquidated Damages Schedule exhibit for the Freeway Service Patrol (FSP) program administered by the Los Angeles County Metropolitan Transportation Authority (LACMTA). The document establishes a comprehensive penalty and assessment framework for contractor and driver violations of the FSP Contractor and Driver Statements of Guidelines (SOG). LACMTA reserves the right to monitor compliance through various inspection methods, including electronic monitoring and observation, at any time. The assessment process may result in verbal warnings, written warnings, service suspension, liquidated damages, monetary assessments, personnel disqualification, or contract termination. Additionally, contractors are subject to a deduction equal to double their contracted hourly rate for any portion of contracted service not provided according to contract terms, assessed in 15-minute increments.
The liquidated damages schedule is organized into four violation classes with corresponding monetary penalties: Class 1 Actions ($50 or $100 per violation), Class 2 Actions ($250 per violation), Class 3 Actions ($500 per violation plus FSP Management Review), and Special Circumstances Actions ($1,000 or more per violation plus FSP Management Review). Violations are categorized by subject matter, including contractor duties and responsibilities, FSP vehicle requirements, misconduct, motorist assist forms, and driver violations spanning training, professionalism, FSP operations, roadside service policies, and communications. Special circumstances violations carry elevated penalties and mandatory management review, which may result in driver disqualification from the FSP program or contract termination. Certain violations, such as invalid Motor Carrier Property Permits or expired vehicle registration, are assessed on a daily basis until the deficiency is remedied and service is restored.
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1 of 7 REV Date: 04.27.2026
EXHIBIT I
LIQUIDATED DAMAGES SCHEDULE
This section details the Liquidated Damages (LD), monetary assessments and administrative actions that will be assessed to the Contractor, by LACMTA, for each violation of the FSP Contractor and/or Driver SOG. These requirements may be monitored impromptu, by any means of inspection, including electronic monitoring or observation, at any time. Assessments may include a verbal warning, written warning, suspension of service, liquidated damages, monetary assessment, disqualification of
Contract personnel from program participation, and Contract termination. In addition to the assessment schedule below, LACMTA shall assess a dock of double the
Contractor’s contracted hourly rate for any portion (15 minute increments) of contracted service that was not provided according to the terms of the Contract.
LACMTA reserves the right to take additional action for any activities that are contrary to providing safe, efficient, and timely FSP service to the motoring public at any time.
The following details the monetary assessment and FSP Management Review (FMR) schedule for SOG violations:
• Class 1 Action = $50 or $100 Assessment
• Class 2 Action = $250 Assessment
• Class 3 Action = *FMR and $500 Assessment
• Special Circumstances Action = *FMR and $1,000+ Monetary
Assessment
Liquidated Damage Actions (Class 1, 2, 3 or Special Circumstances) may be considered by the FSP Management when violation(s) of the SOG(s) have occurred. In order to monitor the type and assessment of each violation, a simple citation identification process will be used.
Location: Contractor or Driver SOGs
Class Action: C1=Class 1, C2=Class 2, C3=Class 3, SC for Special Circumstance.
Chapter in SOG: Ch1, Ch2, Ch3, etc.
Number: Section in Chapter
Example: CC1-Ch2-1 means:
1. The citation is in the Contractors SOG
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2. It is a C1 violation ($100) per event
3. It is located in Chapter 2 of the Contractor’s SOG
4. It is the section in Section 1 of Chapter 2 of the contractors
SOG
*FMR= FSP Management Review. FMR may result in actions against the Contractor including Driver/employee/staff disqualification from FSP program, and/or Contractor termination.
Contractor Violations and Monetary Assessments
Contractor Duties and Responsibilities - Class 1 - $50 Each Item (Contractor SOG Chapter 3)
CC1-Ch3-15 Failure to follow FSP tool requirements
CC1-Ch3-15 Failure to follow FSP Required Accessory Guidelines.
Contractor Duties and Responsibilities - Class 1 - $100 Each Event (Contractor SOG Chapter 3)
CC1-Ch3-4 Proof of registration not in tow truck.
CC1-Ch3-4 Proof of Insurance not in truck.
CC1-Ch3-7 Violation of California Safety Law SB-198.
CC1-Ch3-10 Motorist Assist forms submitted late to LACMTA.
CC1-Ch3-10 For each day of Motorist Assist forms not submitted to LACMTA.
CC1-Ch3-12 Contractor not following proper tip procedure.
Contractor Duties and Responsibilities - Class 3 - $500 Each Event + FMR (Contractor SOG Chapter 3)
CC3-Ch3-4 Failure to comply with FSP Vehicle Equipment and Appearance Guidelines.
CC3-Ch3-8 Failure to disclose SOG violations to LACMTA.
CC3-Ch3-10 Failure to return corrected FSP assist forms by requested date.
CC3-Ch3-11 Failing to attend the Contractor Meetings will result in a $500 fine.
CC3-Ch3-13 The Contractor requesting redeployment shall be assessed a $500 administrative fee.
CC3-Ch3-15 Failure to keep the most recent 30 days of pre-operation inspection forms for each FSP vehicle at the Contractor's FSP authorized facility.
Contractor Duties and Responsibilities - Special Circumstances - $1,000 Each Event + FMR (Contractor SOG Chapter 3)
CSC-Ch3-4 Failing to exercise reasonable care for others during contact by placing them in potentially dangerous situations.
CSC-Ch3-4 Invalid CA DMV Motor Carrier Property Permit (MCP) will be assessed at $1,000 per day (or any portion of a day thereof) until the MCP is made valid and service restored.
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Contractor Violations and Monetary Assessments
CSC-Ch3-4 Invalid garage/liability/umbrella insurance will be assessed at $1,000 per day (or any portion of a day thereof) until the insurance is made valid and service restored. CSC-Ch3-4 Expired vehicle registration.
CSC-Ch3-4 Driver does not possess a valid FSP I.D. Card.
CSC-Ch3-4 Driver does not possess a valid CA Driver License and/or Medical Card.
CSC-Ch3-4 Driver does not possess a valid DL-64.
CSC-Ch3-9 Falsifying information or lying to FSP Management.
CSC-Ch3-10 Falsifying Motorist Assist Forms.
CSC-Ch3-10 Motorist Assist Forms – If LACMTA determines a Contractor is having problems providing accurate and complete Motorist Assist Forms, Contractor/employees will be required to attend mandatory training. Failure to attend within 2 weeks of LACMTA written notification will result in $1,000 monetary assessment and Contractor being disqualified from the FSP Program until training has been completed. CSC-Ch3-15 Pre-operation inspection not properly completed and signed at the yard prior to the start of shift and/or Falsification of the pre-operation inspection form.
FSP Vehicles – Class 2 - $250 Each Event (Contractor SOG Chapter 4)
CC2-Ch4-2 Unauthorized use of a dedicated FSP vehicle.
CC2-Ch4-2 Failure to maintain fully equipped back-up truck(s) & driver(s).
CC2-Ch4-4 Violation of vehicle refueling policy.
FSP Vehicles – Class 3 - $500 Each Event + FMR (Contractor SOG Chapter 4)
CC3-Ch4-6 Driver tampering with FSP communication equipment.
CC3-Ch4-6 Repairing tampering outside LACMTA Radio Shop.
FSP Vehicles – Special Circumstances – Assessment + FMR (Contractor SOG Chapter 4)
CSC-Ch4-8 Vehicle Repair & Failure of Replacement Policy – If a vehicle is out of service for 30 days, monetary assessment on the 31st day is $3,100 and $100/day for each additional day until vehicle is returned to service.
Misconduct – Special Circumstances – $1,000 Each Event + FMR (Contractor SOG Chapter 7)
CSC-Ch7-2 Sexual harassment policy violations.
CSC-Ch7-3 Violation of Drug and Alcohol Policy.
CSC-Ch7-3 Illegal drug use.
CSC-Ch7-3 Failure to notify CHP of prescription drug use which impairs the driver’s judgment while operating an FSP vehicle.
CSC-Ch7-4 Failure to notify CHP of the occurrence of criminal activity (on or off duty).
4 of 7 REV Date: 04.27.2026
Contractor Violations and Monetary Assessments
CSC-Ch7-5 Failure to notify CHP of Suspended California Driver License.
Motorist Assist Forms – Class 2 – $250 Each Event (Driver SOG Chapter 7)
CC2-Ch8-1 Failure to complete Motor Assist Form and/or distribute FSP Brochure to motorist.
Driver Violations – Contractor Assessments
Driver Training, Duties & Responsibilities – Class 1 – $100 Each Event (Driver SOG Chapter 2)
DC1-Ch2-5 Tobacco product use policy violation.
DC1-Ch2-6 AM/FM Radio use violation.
DC1-Ch2-9 Eating inside the cab of the truck.
DC1-Ch2-12 More than one driver/truck at a scene; unless justified.
DC1-Ch2-14 Improper procedure regarding call boxes.
Driver Training, Duties & Responsibilities – Class 3 – $500 Each Event + FMR (Driver SOG Chapter 2)
DC3-Ch2-2 Driver acting beyond the scope of FSP employment.
DC3-Ch2-3 Driver inappropriately performing police officer roles.
DC3-Ch2-11 Leaving FSP truck unattended with engine running.
DC3-Ch2-13 Failing to immediately report to Dispatch any vehicle damage to a motorist vehicle during service, towing or other damage at the scene.
Driver Training, Duties & Responsibilities – Special Circumstances – $1,000 Each Event + FMR (Driver SOG Chapter 2)
DSC-Ch2-4 Violation of Electronic Device Usage Policy.
DSC-Ch2-7 Sleeping during FSP hours.
DSC-Ch2-10 Referring or towing motorist to private tow service, service station or mechanic.
Professionalism – Class 1 – $100 Each Event (Driver SOG Chapter 3)
DC1-Ch3-3 Violation of FSP Uniform Policy
DC1-Ch3-3 Wearing FSP Vest Off Duty or displaying a FSP logo off duty.
DC1-Ch3-4 Violation of Grooming and Personal Appearance Standards.
Professionalism – Class 3 – $500 Each Event + FMR (Driver SOG Chapter 3)
DC3-Ch3-1 Violation of Driver Demeanor/Courtesy Policy at any time.
Professionalism – Special Circumstances – $1,000 Each Event + FMR (Driver SOG Chapter 3)
DSC-Ch3-2 Falsifying information or lying to FSP Management under any circumstance.
FSP Operation – Class 1 – $100 Each Event (Driver SOG Chapter 4)
DC1-Ch4-2 Weekly Mileage Log policy violation.
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DC1-Ch4-3 Damaged/mutilated/illegible driver license, FSP I.D. card or tow certificate.
DC1-Ch4-5 Failure to follow Backup Truck Magnet placement requirements.
DC1-Ch4-6 Staging Location policy violation.
DC1-Ch4-7 Failure to properly sign-on and off.
DC1-Ch4-9 Late sign-on (violations will be assessed $100 initial late fee PLUS each 15 minute time increment the Contractor will be docked double the hourly rate).
DC1-Ch4-10 Failure to notify Dispatch when working beyond Beat boundaries.
DC1-Ch4-11 Failure to complete assigned calls.
DC1-Ch4-14 Failure to properly document overtime on the Motorist Assist Form.
DC1-Ch4-16 Taking more than 10 minutes to mobilize a vehicle.
FSP Operation – Class 2 – $250 Each Event (Driver SOG Chapter 4)
DC2-Ch4-11 Failure to receive overtime authorization from CHP Dispatch.
FSP Operation – Class 3 – $500 Each Event + FMR (Driver SOG Chapter 4)
DC3-Ch4-16 Violation of break criteria.
FSP Operation – Special Circumstances – $1,000 Each Event +FMR (Driver SOG Chapter 4)
DSC-Ch4-1 Violation of daily pre-operation inspection policy.
DSC-Ch4-9 Failure to stop and provide service.
DSC-Ch4-10 Failure to continuously patrol during the FSP shift.
DSC-Ch4-13 Leaving the Beat without authorization.
Roadside Service Policies – Class 1 – $100 Each Event (Driver SOG Chapter 5)
DC1-Ch5-1 Failure to properly use drag lights.
DC1-Ch5-1 Failure to properly use crossbeam when using tow sling.
DC1-Ch5-1 Failure to place towed vehicle in neutral, prior to lifting.
DC1-Ch5-1 Failure to properly use wheel lift straps
DC1-Ch5-1 Towing vehicle over 6,000 pounds.
DC1-Ch5-1 Improper tow dolly procedures.
DC1-Ch5-3 Dragging safety chain(s).
DC1-Ch5-3 Inappropriate use of the amber emergency lights.
DC1-Ch5-4 Failing to follow drop location procedures.
DC1-Ch5-5 Failure to follow Jump Start Policy.
DC1-Ch5-6 Failure to follow Vehicle Fire Policy.
DC1-Ch5-7 Failure to follow policy regarding overheated vehicles.
DC1-Ch5-10- 1.2
Failure to follow scene safety criteria regarding vehicle in the center divider area.
DC1-Ch5-10- 1.3
Failure to follow scene safety criteria regarding vehicle in other dangerous locations.
DC1-Ch5-12 Violation of Transition Road Patrolling policy.
6 of 7 REV Date: 04.27.2026
DC1-Ch5- 13.1
Failure to follow scene safety criteria regarding abandoned vehicle in traffic lanes or on right shoulder.
DC1-Ch5- 13.1
Failure to follow criteria regarding abandoned vehicles and hand-outs.
DC1-Ch5- 13.2
Failure to assist motorist on freeway.
DC1-Ch5-14 Not following correct scene safety procedures at the scene of an accident.
DC1-Ch5-15 Failure to follow FSP Procedures regarding rotation tow with both rotation and FSP are at same incident.
DC1-Ch5-16 Failure to follow debris procedure-stopped traffic.
DC1-Ch5-16 Failure to follow procedures regarding live animals on the freeway.
Roadside Service Policies – Class 3 – $500 Each Event + FMR (Driver SOG Chapter 5)
DC3-Ch5-11 Unauthorized/inappropriate use of the HOV lanes.
DC3-Ch5- 14.2
Driver fails to resume FSP patrol when CHP arrives on scene; unless justified.
DC3-Ch5-18 Driver making contact with a pedestrian and there is no vehicle in sight.
DC3-Ch5-20 Failure to notify Dispatch after encountering illegal activity.
Roadside Service Policies – Special Circumstances – $500 Each Event + FMR + Additional Training (Driver SOG Chapter 5)
DSC-Ch5-8 Not directing traffic properly / Failure to follow Flare/Cone Pattern set up procedure
Roadside Service Policies – Special Circumstances – $1,000 Each Event + FMR (Driver SOG Chapter 5)
DSC-Ch5-1 Failure to properly use (two) chains, in accordance with manufacturer’s recommendations and applicable guidelines such as those promoted by the California Tow Truck Association.
DSC-Ch5-3 Passengers riding in the towed vehicle.
DSC-Ch5-9 Driver not complying with a direct order issued by a law enforcement officer.
DSC-Ch5- 13.2
Failure to report disabled FSP vehicle.
DSC-Ch5-16 Keeping items/property found on the freeway.
DSC-Ch5-17 Failure to follow correct procedures at a hazardous materials incident.
Communications – Class 1 – $100 Each Event (Driver SOG Chapter 6)
DC1-Ch6-1 Not following correct normal/emergency radio procedures as identified in the SOG for drivers.
DC1-Ch6-1 Failure to follow communication procedures.
Communications – Class 3 – $500 Each Event + FMR (Driver SOG Chapter 6)
DC3-Ch6-1- 3.5
Personal comments on CHP radio (good morning, good night, etc.).
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DC3-Ch6-1- 3.6
Intentionally walking on others during radio communications (keying microphone to disrupt Dispatch communications).
DC3-Ch6-1- 3.7
Unprofessional radio traffic (includes making noises).
Communications – Special Circumstances – $1,000 Each Event + FMR (Driver SOG Chapter 6)
DSC-Ch6-2.1 Violating Vulnerable Motorist Procedures.
DSC-Ch6-2.4 Failure to follow 11-48 x-ray procedures/general/mileage/” dead spots”/Dispatch busy.
Misconduct – Special Circumstances - $1,000 Each Event + FMR (Driver SOG – Chapter 9)
DSC-Ch9-1 Sexual harassment policy violations.
DSC-Ch9-2 Violation of Drug and Alcohol Policy.
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