October 9, 2014 Bruce Johnson Extreme Towing 126 Forni Road
Transcription
October 9, 2014 Bruce Johnson Extreme Towing 126 Forni Road
October 9, 2014 Bruce Johnson Extreme Towing 126 Forni Road Placerville CA 95667 Sonu Singh Five Star Towing & Transport 4600 Power Inn Road Sacramento CA 95826 Billy Myers Myers Towing, Inc. 1221 Scenic Drive Modesto CA 95350 SUBJECT: Andrea Olivarez Mike’s Towing Service, Inc. 540 West Scotts Avenue Stockton CA 95203 Rick Hart Sierra Hart Auto Center 1050 Triangle Court West Sacramento CA 95605 FSP REQUEST FOR BIDS 14-FSP-01 On October 9, 2014, the STA Governing Board qualified your firm—along with the four other firms listed above—on the list of tow companies eligible to provide price proposals for the upcoming FSP contract procurement. Enclosed is Request for Bids (RFB) 14-FSP-01. You are invited to submit a low bid for providing roadside assistance and towing services for Beats 5, 6 and 7 of the SacMetro Freeway Service Patrol Program plus temporary construction FSP coverage on Interstate 80 as described on the last page of the sample contract contained in the RFB. In the preparation of your bid, you must carefully and thoroughly read and consider all of the factors found in the RFB that may affect your total costs for providing the specified FSP services over the entire term of the contract, which is a minimum of four years with an option for a fifth. Once awarded, there will be absolutely no rate adjustments to the contract or any other relief granted. A Bidders Conference will be held on Tuesday, October 21, 2014 at 1:30 p.m. at the STA offices. Attendance is encouraged by not required. Significant changes are forthcoming to SacMetro FSP so the information provided at the Bidders Conference will benefit new and current FSP contractors alike. Questions regarding this RFB should be submitted by email to [email protected] or by written correspondence mailed to the address above by October 29. Questions received prior to October 21 will also be discussed at the Bidders Conference. All questions will be answered and copied to the entire pool of qualified firms. We hope to see you at the Bidders Conference. If not, I look forward to receiving your bid in person from either you or your authorized representative at 2:00 p.m. on Tuesday, November 4, 2014 at the STA offices in accordance with the instructions contained in the RFB. Sincerely, NORMAN HOM Program Manager SacMetro Freeway Service Patrol Enclosures: RFB 14-FSP-01, including Sample Contract, Work Change Order (for Construction FSP on I-80), Scope of Services and the FSP Standard Operating Procedures (SOP) Manual October 9, 2014 Bruce Johnson Extreme Towing 126 Forni Road Placerville CA 95667 Sonu Singh Five Star Towing & Transport 4600 Power Inn Road Sacramento CA 95826 Billy Myers Myers Towing, Inc. 1221 Scenic Drive Modesto CA 95350 SUBJECT: Andrea Olivarez Mike’s Towing Service, Inc. 540 West Scotts Avenue Stockton CA 95203 Rick Hart Sierra Hart Auto Center 1050 Triangle Court West Sacramento CA 95605 BIDDER’S CONFERENCE — RFB 14-FSP-01 Dear Potential Bidder, You are invited to a Bidders Conference on Tuesday, October 21, 2014 at 1:30 p.m. The purpose of the Bidders Conference is to familiarize potential bidders with the SacMetro Freeway Service Patrol program and the requirements and responsibilities of being an FSP contractor. We will review in detail the entire sample contract and Scope of Work and answer any questions you may have about the Request for Bid. Attendance is encouraged by not required. Significant changes are being made to SacMetro FSP so the information provided at the Bidders Conference will benefit new and current FSP contractors alike. We will meet at the STA offices at the address shown above. There is a City of Sacramento pay parking lot with short-term parking spaces in front of the Starbucks Coffee. Suite 106 is located at the back side of the building. Sincerely, NORMAN HOM Program Manager SacMetro Freeway Service Patrol SACMETRO FREEWAY SERVICE PATROL PROGRAM Request for Bids for Freeway Service Patrol Roadside Assistance and Tow Services issued by Sacramento Transportation Authority 431 I Street, Suite 106 Sacramento, California 95814 October 9, 2014 CONTENTS Page 1.0 Background 3 2.0 Introduction 3 3.0 Instructions to Bidders 4 4.0 Preparation and Submittal of Bids 6 5.0 Selection Process and Award of Contract 6 6.0 Contract Default/Replacement Contractor 7 7.0 Selection Protests 8 8.0 STA Point of Contact 8 APPENDICES Page A. List of Qualified Firms 9 B. Bid Submission Forms 10 C. Cover Letter Bid Proposal Equipment List 11 12 13 Sample Contract 14 General Contract Provisions Scope of Services FSP Standard Operating Procedures (SOP) Manual Request for Bids 14-FSP-01 SacMetro Freeway Service Patrol October 9, 2014 Page 2 I.0 BACKGROUND The Freeway Service Patrol (FSP) is a program designed to reduce congestion by rapidly removing disabled vehicles and vehicles involved in minor accidents from the freeway corridor. FSP truck operators do this by providing "quick fix" services such as changing flat tires, providing jump starts, providing a gallon of fuel, taping leaking or broken hoses, and performing other minor repairs as necessary. When an inoperative vehicle cannot be mobilized within a 10-minute timeframe, FSP will tow the vehicle to a designated drop location off the freeway. All FSP services are provided at no cost to the motorist. The SacMetro FSP Program operates seventeen (17) trucks on seven (7) beats covering the most-congested segments of major highways and freeways in Sacramento County and a portion of Yolo County. FSP contracts with private tow companies to provide the roadside assistance and towing services. The SacMetro Freeway Service Patrol Program is a joint effort between the Sacramento Transportation Authority (STA), the California Department of Transportation (Caltrans) and the California Highway Patrol (CHP). The STA administers the Program while Caltrans provides funding and CHP provides field supervision. The Capitol Valley Service Authority for Freeways and Expressways (SAFE) is also a partner in the Program by providing a significant portion of funding. 2.0 INTRODUCTION On July 5, 2014, the STA issued a Request for Qualifications (RFQ) to area tow providers and tow providers from outside the area that had previously requested to be included on the STA’s FSP mailing list. The purpose of the RFQ was to establish a pool of tow companies interested in providing tow and motorist assistance services for FSP and that were reviewed and deemed qualified to perform the work and bid on FSP contracts. The STA Governing Board approved the list of qualified firms on October 9, 2014 (contained in Appendix A). This Request for Bids (RFB) is exclusively directed at the firms on that list. Eligible firms are invited to submit one (1) Bid for a contract to provide motorist assistance and towing services as described within this RFB for FSP Beats 5, 6, and 7 (shown on the map on the next page and described in Section 8 of the Scope of Services). From the Bids received, the STA will award the contract to the Low Bidder in accordance with Section 180154 of the Local Transportation Authority and Improvement Act (Public Utilities Code, §180000 et seq.). Request for Bids 14-FSP-01 SacMetro Freeway Service Patrol October 9, 2014 Page 3 3.0 INSTRUCTIONS TO BIDDERS 3.1 Examination of RFB Documents. Bidder shall be solely responsible for examining, with appropriate care, the RFB documents, including any Addenda issued during the Bid period, and for informing itself with respect to any and all conditions which may in any way affect the amount or nature of Bid or the performance of the work in the event Bidder is selected. Failure of a Bidder to so examine and inform itself shall be at its sole risk and no relief for error or omission will be given. 3.2 Bidders Conference. A Bidders Conference will be held at 1:30 p.m. on October 21, 2014 at the STA Office at 431 I Street, Suite 106, Sacramento. Attendence is optional but highly recommended due to the significant number of changes to the FSP requirements and operating procedures to be implemented starting with the current procurement round. Bidders may submit written questions in advance of the Conference. A summary of the information provided at the meeting, including the questions submitted/asked and the answers given, will be sent to all Bidders following the Conference. Request for Bids 14-FSP-01 SacMetro Freeway Service Patrol October 9, 2014 Page 4 3.2 Interpretation of RFB Documents. Bidders may request of the STA in writing via email prior to 1:00 p.m. on November 3, 2014 clarification or interpretation of the RFB documents. All queries received by the STA prior to the deadline will be answered with a reply copied to all Bidders. Where such interpretation or clarification requires a change in the RFB documents, the STA will issue an Addendum. Bidder shall acknowledge receipt of any and all Addenda in its Bid cover letter. The STA shall not be bound by, and Bidder shall not rely on, any oral interpretation or clarification of the RFB documents. 3.3 Type of Contract to be Awarded. The STA will enter into an all-inclusive hourly rate contract with a performance period of four (4) years. An optional one (1) year extension may be granted based upon satisfactory performance of the contract terms. A sample of the Contract Agreement to be utilized is attached as Appendix D. 3.4 Confidentiality. All Bids will be subject to public disclosure as required by the California Public Records Act. 3.5 Authority Rights. The STA reserves the right to: Reject any or all of the Bids if it deems such action is in the public interest. Issue subsequent Requests for Bids. Cancel the entire Request for Bids. Remedy technical errors in the Request for Bids process. Award a contract to one or more bidders. Waive informalities and irregularities in Bids and the Bid process. This RFB does not commit the STA to enter into a contract, nor does it obligate the STA to pay for any costs incurred in preparation and submission of Bids in anticipation of a contract. 3.6 Protests. A Bidder may object to a provision of this RFB on the grounds that STA procedures, the provisions of this RFB, or applicable provisions of federal, state, or local law have been violated or inaccurately or inappropriately applied by submitting to the STA a written explanation of the basis for the protest. Deadline for protest submittal is no later than 10 days prior to the date Bids are due. 3.8 Valid Bid Term. Bids shall be valid for one hundred eighty (180) days after the Bid due date of November 4, 2014. Request for Bids 14-FSP-01 SacMetro Freeway Service Patrol October 9, 2014 Page 5 4.0 PREPARATION AND SUBMITTAL OF BIDS 4.1 Use of Bid Forms. The Bid must be prepared on the forms provided in Appendix C. Additional information, sheets or pages not specifically requested on the Bid forms shall not be considered and may render the Bid non-responsive and cause its rejection. 4.2 Signing of Bid/Authorization to Negotiate. Each Bid shall be signed by the bidding firm’s authorized representative as listed in Appendix A. The authorized representive is the person authorized to negotiate on the bidding firm’s behalf with the STA in connection with this RFB. 4.3 Modifications and Alternative Bids. Bidder shall submit a Bid in strict conformity with the requirements of the RFB documents. The Bid shall be complete in itself. Unauthorized conditions, limitations, or provisions attached to a Bid may render it non-responsive and cause its rejection. Oral, telegraphic, or telephonic bids or modifications will not be considered. 4.4 Submission of Bids. Bids will be accepted at 2:00 p.m. on Tuesday, November 4, 2014 at: Sacramento Transportation Authority 431 I Street, Suite 106 Sacramento, California 95814 No early or late Bids will be accepted. Bids are limited to one Bid per firm. Bids are to be sealed in an envelope and delivered in person by an authorized representative. Bids shall remain in the Bidder’s possession until collected and opened by STA staff in the presence of all bidders. 5.0 SELECTION PROCESS AND AWARD OF CONTRACT 5.1 Basis of Award. The STA will award the contract to the Low Bidder in accordance with Section 180154 of the Local Transportation Authority and Improvement Act (Public Utilities Code, §180000 et seq.). 5.2 Determination of Low Bid. Bids will be opened in the presence of all bidders at the Bid due date and time. The firm submitting the lowest responsive, responsible Bid according to the requirements of this RFB, for the combined hourly rate for all beats shall be deemed the Low Bidder. In the event of a tie, the award of contract shall be determined by a single coin toss conducted by the FSP Program Manager with the earliest-arriving bidder according to the sign-in sheet calling heads or tails. Request for Bids 14-FSP-01 SacMetro Freeway Service Patrol October 9, 2014 Page 6 5.3 Execution of Contract. The Low Bidder shall have ten (10) days from written notification to accept and execute a contract. In the event the Low Bidder declines or fails to execute a contract within ten days, the contract may be offered to the next-lowest bidder(s) in the original order of finish. 5.4 Performance Guaranty. Contractor shall have ten (10) days from the execution of Contract to submit a performance guaranty in the form of a fivethousand dollar ($5,000) cashier’s check made out to STA. The check shall include the company name and marked “Performance Guaranty 14-FSP-01”. Guaranty checks shall be deposited into a separate account with STA and shall be returned upon successful completion of the contract term. In the event Contractor defaults on the Contract or terminates the Contract the entire Performance Guaranty shall be forfeited. 6.0 CONTRACT DEFAULT/REPLACEMENT CONTRACTOR 6.1 Contractor Default Within First 12 Months. In the event the contractor defaults or the contract is terminated within the first twelve (12) months of service and a replacement contractor is deemed necessary, the STA may offer a contract to the next-lowest Bidder(s) in the order of bid prices from lowest to highest. If the determination that a replacement contractor is needed occurs within the first 180 days during the term the original Bids are valid, the original Bid rates shall be incorporated into the new contract. If the determination occurs after 180 days, the STA may negotiate a mutually-acceptable contract rate with the next-lowest bidder, provided that the negotiated total hourly rate does not exceed the total hourly rate of the next-lowest original bid. If an agreeable rate cannot be successfully negotiated, the STA may then negotiate with the next-lowest Bidder in the original order. 6.2 Contractor Default After 12 Months. In the event the primary contractor defaults on the contract or the contract is terminated after the first twelve (12) months of service and a replacement contractor is deemed necessary, the STA may negotiate a contract with the next-lowest Bidder(s) or may issue a new Request for Bids to select a contractor. 6.3 Continuous Coverage. If, at any time, there is an extended lapse, or an anticipated extended lapse, of FSP coverage due to a contractor default or contract termination, the STA may declare an emergency and negotiate and enter into a short-term (less than 1 year) contract with any tow provider of its choosing until a long-term replacement contractor can begin coverage as permitted by Section 180154 of the Local Transportation Authority and Improvement Act (Public Utilities Code, §180000 et seq.). Request for Bids 14-FSP-01 SacMetro Freeway Service Patrol October 9, 2014 Page 7 7.0 SELECTION PROTESTS A Bidder may object to the selection or non-selection of a particular firm for the award of contract on the grounds that STA procedures, the provisions of the RFB or applicable provisions of federal, state or local law have been violated or inaccurately or inappropriately applied in the selection process. Disputes may be filed by submitting to the Program Manager a written explanation of the basis for the protest no later than three (3) working days after the Low Bidder has been determined. Protests must clearly and specifically describe the basis for the protest in sufficient detail for the FSP Program Manager to recommend a resolution to the STA Executive Director. The STA Executive Director will respond to the protest in writing. 8.0 STA POINT OF CONTACT Inquiries relating to this RFB should be submitted to the FSP Program Manager at the contact information below: Norman Hom, Program Manager SacMetro Freeway Service Patrol 431 I Street, Suite 106 Sacramento, California 95814 (916) 323-0080 (916) 323-0850 fax [email protected] Request for Bids 14-FSP-01 SacMetro Freeway Service Patrol October 9, 2014 Page 8 APPENDIX A — QUALIFIED FIRMS The following firms responded to Request for Qualifications 14-FSP-01, dated July 5, 2014, and have been found to meet the requirements contained therein for providing contract services for the SacMetro Freeway Service Patrol Program. The Sacramento Transportation Authority Governing Board approved the list of qualified firms on October 9, 2014. The Authorized Representative listed is the person identified in the Qualifications submitted by each firm as the person authorized to negotiate with the STA on the firm’s behalf with regards to a contract resulting from this RFB. Request for Bids 14-FSP-01 is exclusively directed to these three firms: Extreme Towing 126 Forni Road Placerville CA 95667 Authorized Representative: Bruce Johnson (President) -------------------------------------------Five Star Towing & Transport, Inc. 4600 Power Inn Road Sacramento CA 95826 Authorized Representative: Sonu Singh (Owner/Operator) -------------------------------------------Mike’s Towing Service, Inc. 540 West Scotts Avenue Stockton CA 95203 Authorized Representative: Andrea Olivarez (Secretary/Treasurer) -------------------------------------------Myers Towing Service 1221 Scenic Drive Modesto CA 95350 Authorized Representative: Billy Myers (Chief Financial Officer) -------------------------------------------Sierra Hart, Inc. 1050 Triangle Court West Sacramento CA 95605 Authorized Representative: Rick Hart (President) Request for Bids 14-FSP-01 SacMetro Freeway Service Patrol October 9, 2014 Page 9 APPENDIX B — BID SUBMISSION FORMS Firms must use all of the following forms to complete and submit their Bids. Do not staple the forms together and do not attach additional sheets. Additional information not specifically requested on the forms will not be considered. Each firm may submit only one Bid. Form 1 — Bid Cover Letter Form 2 — Vehicle List Form 3 — Bid Proposal Bidders are responsible for carefully considering all aspects and requirements of the RFB in preparing the hourly price proposals in the Bid. Bidders must ensure that all three forms are completed in their entirety and are included in their submittal. Bids must be sealed in an envelope and remain in the Bidder’s possession until collected and opened in the presence of all bidders at the Bid due date and time. Request for Bids 14-FSP-01 SacMetro Freeway Service Patrol October 9, 2014 Page 10 RFB #14-FSP-01 Bid Submission, Form 1 of 3 – Cover Letter To: NORMAN HOM SACRAMENTO TRANSPORTATION AUTHORITY 431 I STREET, SUITE 106 SACRAMENTO, CA 95814 In response to the Request for Bids (RFB) #14-FSP-01 for the SacMetro Freeway Service Patrol, the undersigned hereby declares that he/she has carefully read and examined the RFB documents, including all requirements and specifications, and hereby proposes to perform and complete the Work as set forth in the Scope of Services and the sample Contract document. The undersigned Contractor agrees to supply the services at the costs indicated in its Bids on Form 2, the Bid Proposal, if it is selected as the contractor within 180 days from the RFB bid date of November 4, 2014. Incorporated herein and made a part of this Bid is Form 2, the Bid Proposal, and Form 3, the Vehicle List, showing the specific vehicles that the Contractor proposes for use in the performance of the contract. The undersigned acknowledges receipt, understanding, and full consideration of the following Addenda to the RFP Documents (leave blank if none): Addenda No.: _____________________________________________________ If awarded a Contract, the undersigned agrees to execute formal Contract Documents which will be prepared by the STA for execution, within ten (10) calendar days following notice of selection, and will deliver to the STA within ten (10) calendar days of Contract execution, a $5,000 performance guaranty in the form of a cashier’s check payable to STA. The undersigned certifies that he/she is an Authorized Representative and has examined and is fully familiar with all of the provisions of the RFB Documents and is satisfied that they are accurate; that he/she has carefully checked all the words and figures and all statements made in the RFB; that he/she has satisfied himself/herself with respect to other matters pertaining to the Bid which in any way affect the work or the cost thereof. The undersigned hereby agrees that STA is not responsible for any errors or omissions in these RFB Documents. Signature: _________________________________________ Date: ____________________ Print Name and Title: Firm Name and Address: Request for Bids 14-FSP-01 SacMetro Freeway Service Patrol FORM 1 COVER LETTER October 9, 2014 Page 11 RFB #14-FSP-01 Bid Submission, Form 2 of 3 – Proposed Equipment List The undersigned Contractor agrees to provide the following (or substantially similar) for use in the performance of the contract if selected as the contractor. Trucks must meet the minimum requirements listed in the Sample Contract and the Scope of Services or this Bid shall be rendered void. Year Make Model Current Mileage Vehicle ID Number (VIN) GVWR Flatbed Tow Truck Flatbed Tow Truck Flatbed Tow Truck Flatbed Tow Truck Service Truck Service Truck Signature: _________________________________________ Date: ____________________ Print Name and Title: Firm Name and Address: Request for Bids 11-FSP-01 SacMetro Freeway Service Patrol FORM 2 PROPOSED EQUIPMENT LIST October 9, 2014 Page 12 RFB #14-FSP-01 Bid Submission, Form 3 of 3 – Price Proposal The undersigned Contractor agrees to supply the services at the costs indicated below if it is selected as the Low Bidder or as the alternate contractor within 180 days of November 4, 2014. The Total Per Hour Bid Price for all trucks on all beats (shown in the light grey box) shall be the figure used in determining the Low Bidder. Beat 5 Tow Truck Price Per Hour: $_________________ Service Truck Price Per Hour: $_________________ Total Price Per Hour for Beat 5: $_________________ Beat 6 Tow Truck #1 Price Per Hour: $_________________ Tow Truck #2 Price Per Hour: $_________________ Service Truck Price Per Hour: $_________________ Total Price Per Hour for Beat 6: $_________________ Beat 7 Tow Truck Price Per Hour: $_________________ Total Price Per Hour for Beat 7: $_________________ TOTAL PER HOUR BID PRICE: (Add the total price per hour of all three beats together) $ Signature: _________________________________________ Date: ____________________ Print Name and Title: Firm Name and Address: Request for Bids 14-FSP-01 SacMetro Freeway Service Patrol FORM 3 PRICE PROPOSAL October 9, 2014 Page 13 APPENDIX C — SAMPLE CONTRACT The awarded Contract will be substantially similar to the Sample Contract contained on the following pages. The Scope of Services comprises the second half of the Contract while the FSP Standard Operating Procedures (SOP) Manual (also attached) is a separate document that is incorporated into the Contract by reference. Request for Bids 14-FSP-01 SacMetro Freeway Service Patrol SAMPLE CONTRACT October 9, 2014 Page 14 CONTRACT AGREEMENT between Contractor Street Address City, CA ZIP Code (hereinafter "Contractor") and Sacramento Transportation Authority 431 I Street, Suite 106 Sacramento, CA 95814 (hereinafter "Authority") ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Contract No.: 14-FSP-01 Term: April 1, 2015 – March 31, 2019 for FREEWAY SERVICE PATROL SERVICES on Beat 5 — Interstate 80: Interstate 5 to Business 80 Beat 6 — Interstate 5: Elk Grove Blvd. to Elkhorn Blvd/Highway 99 Beat 7 — Interstate/Business 80 in Yolo County: Jefferson Blvd. to Solano County Line This Agreement is made and entered into as of this 7th day of November 2014 by and between the SACRAMENTO TRANSPORTATION AUTHORITY (hereinafter "Authority") and ______________________ (hereinafter "Contractor"). RECITALS WHEREAS, the Authority, a California local transportation authority, exists under the authority of Section 180000 et seq. of the California Public Utilities Code; WHEREAS, the Authority requires the services of a Contractor to provide the Freeway Service Patrol (FSP) services described in the Scope of Services; WHEREAS, the Authority has determined that Contractor is lowest responsible bidder to perform the required services; WHEREAS, Contractor is able and willing to perform the required services under the terms and conditions of this Contract; NOW, THEREFORE, for the consideration hereinafter stated, the parties agree as follows: 1.0 SCOPE OF SERVICES AND STANDARD OPERATING PROCEDURES Contractor will perform Freeway Service Patrol (FSP) services as set forth in the Scope of Services of this Contract and the California Highway Patrol’s FSP Standard Operating Procedures Manual, dated October 2014. 2.0 PERIOD OF PERFORMANCE The period of performance shall be from April 1, 2015 through March 31, 2019. Authority and Contractor may execute a single one (1) year extension of the Contract period based on satisfactory performance of the Contract services. 3.0 PAYMENT A. Subject to the provisions set forth below for services satisfactorily performed hereunder, Authority shall pay Contractor on an all-inclusive hourly rate basis. B. Authority shall not be obligated to pay costs that exceed the hourly rate as proposed herein. C. For its performance of services, Contractor shall be paid at the rate specified below. FSP Services, per patrolling tow truck Hourly Rate: $ ____.____ FSP Services, per patrolling service truck Hourly Rate: $ ____.____ Contract Agreement 14-FSP-01 Page 2 D. Fuel Cost Adjustment. The normal range of the price of fuel for the purposes of this Contract is $3.50 to $4.50 per gallon of diesel. In the event the average retail price for diesel fuel in Northern California falls below $3.50 per gallon or rises above $4.50 per gallon, a fuel cost adjustment (FCA) shall be calculated into the hourly rate of compensation on a bi-monthly basis as follows: In billing periods where the average price of diesel fuel is above $4.50/gallon: (A – $4.50) * 2.75 =FCA added to hourly rate specified above In months where the average price of diesel fuel is below $3.50/gallon: ($3.50 – A) * 2.75 = FCA subtracted from hourly rate specified above where A is the average monthly cash price for diesel fuel in Northern California, as reported weekly by the California Energy Commission and 2.75 is a factor approximating the average number of gallons of fuel consumed or used per hour of operation for one (1) truck. E. Overtime. Overtime hours of service, defined as service outside of the normal hours of this contracted specified in Section 9.1 of the Scope of Services, shall be subject to prior approval by CHP and/or Caltrans. CHP shall document all extended hours requests in writing. Overtime shall be reimbursed at the hourly rate specified in Section 1.0(C) plus 62 percent of the minimum wage specified in Section 2.6 of the Scope of Services and paid in quarter-hour increments. F. Special Compensation Rate. Construction FSP, back-up coverage, and extended or special FSP as defined in Section 7.0 shall be paid at the overtime hourly rate specified in Section 3.0(E). G. The compensation set forth above will cover and include all applicable labor surcharges such as taxes, insurance, and fringe benefits, as well as equipment, supplies, tools, indirect costs, overhead, general and administrative expenses, and profit. H. Authority shall pay Contractor for the services satisfactorily performed hereunder an amount as calculated above and invoiced to the Authority not more often than bi-monthly. All invoices shall be submitted to Authority and be supported by documentation from CHP dispatch, completed timesheets or other proof as may be reasonably required by Authority. Payment of the approved portion of such invoice shall be made to Contractor by Authority within thirty (30) calendar days following receipt. Errors in billing will be resolved by CHP, Authority, Caltrans and Contractor within ten (10) working days of receipt of invoice. I. Records and Audit. Contractor shall permit authorized representatives of Authority and any other applicable government agency to inspect and audit all records of Contractor relating to its performance under this Contract from date of Contract through and until expiration of three (3) years after completion of Contract. For purposes of audit, the date of completion of the Contract shall be the date of Authority's payment for Contractor's final billing (so noted on the invoice) under this Contract, or a period of ninety (90) days from the date of Authority's Notice of Final Acceptance. Contract Agreement 14-FSP-01 Page 3 J. Contractor shall not be compensated for any hours not worked, such as when a vehicle is removed from service and a suitable back-up vehicle is not deployed. K. Fines. Contractor shall be fined at the hourly Contract rate whenever a contracted FSP truck is not in service during scheduled work hours, removed from service or is otherwise unavailable for service and no suitable back-up truck is deployed. Fines for other violations are listed in Section 8 of the Scope of Services and shall also be subtracted from Contractor’s payments. L. Performance Deposit. Contractor shall submit a performance deposit of $5,000 to Authority within 10 (ten) days of Contract award. Authority shall deposit performance deposit into an interest bearing account. At the expiration of the Contract, the performance deposit, plus any accrued interest, will be returned to Contractor less any charges for Authority-issued equipment or materials which was lost or damaged or not otherwise returned plus any outstanding fines or penalties. If Contractor defaults prior to the completion of the Contract, the entire performance deposit shall be forfeited to the Authority as liquidated damages. 4.0 AUTHORITY REPRESENTATIVES Norman Hom shall be the Authority's designated representative for the Contract. Representative shall manage all technical aspects related to the performance of this Contract. Contractor shall make such oral or written reports to Authority's Representative as he may request in addition to those specifically required elsewhere by this Contract. Jennifer Doll shall be the alternate representative. 5.0 TERMINATION A. Termination by Authority 1. Authority may, by thirty (30) days’ advance written notice to Contractor, terminate this Contract in whole or in part at any time, either for Authority's convenience or because of the failure of Contractor to fulfill its Contract obligations. Upon receipt of such notice, Contractor shall immediately discontinue all services and deliver to Authority all records relating to services provided before termination. 2. If the termination is for the convenience of Authority, Authority shall pay Contractor the allowable costs incurred prior to effective date of termination. 3. If the termination is due to the failure of Contractor to fulfill its Contract obligations, Authority may award a contract to a back-up contractor. In such case, Contractor shall be liable to the Authority for any reasonable cost or damages occasioned to the Authority thereby. Termination under this provision will be considered an adverse action against Contractor that may be considered in future FSP contract procurements. 4. If, after the notice of termination for failure to fulfill Contract obligations, it is determined that the Contractor has not so failed, the termination shall be deemed to have been effected for the convenience of Authority. In such event, adjustment shall be made as provided in Section A.2 of this Article. Contract Agreement 14-FSP-01 Page 4 5. The rights and remedies of the parties provided in this Article are in addition to any other rights and remedies provided by law or under this Contract. 6. Contractor, in executing this Contract, shall be deemed to have waived any and all claims for damages in the event of Authority's termination for convenience as provided in paragraph B of this Article. B. Termination by Contractor 1. Contractor may, with minimum 60 days written notice to Authority, terminate this Contract in whole or in part. Upon termination, Contractor shall immediately discontinue all affected services and deliver to Authority all records relating to services provided before termination. 2. If the entire Contract is terminated by Contractor, Contractor shall forfeit any and all performance guaranties remaining on deposit with the Authority. 3. Authority may award remaining term of contracted work to another FSP contractor already under contract with Authority under the same terms of this Contract, or may solicit new low bids for a new, replacement contract, whichever is determined to best meet the immediate and long-term needs of the Authority and the local commuting public. 4. Termination by contractor will be considered an adverse action that may be considered in future FSP contract procurements. 6.0 INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her agents, representatives, or employees. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability Coverage (Form CG 001) 2. Insurance Services Office form CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 (any auto) 3. Employer’s Liability Insurance 4. On-Hook Insurance 5. Umbrella Insurance 6. Workers' Compensation insurance as required by the State of California, with a Waiver of Subrogation endorsement in favor of STA Contract Agreement 14-FSP-01 Page 5 B. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit. 2. Owned, Non-Owned, and Hired Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. On-Hook: Gross Weight # 10,000 - 20,000 Minimum Coverage Per Accident $ 100,000 5. Umbrella Insurance: $2,000,000 providing excess limits over Employer’s Liability, Automobile Liability, and Commercial General Liability Insurance. 6. Workers' Compensation insurance as required by the State of California, with a Waiver of Subrogation endorsement in favor of STA. C. Deductibles and Self-Insured Retention Any deductibles or self-insured retentions must be declared to and approved by Authority. At the option of Authority, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects Authority and its subsidiaries, officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, and defense expenses. D. Other Insurance Provisions The general liability and automobile liability are to contain, or be endorsed to contain, the following provisions: 1. Authority, CHP, Caltrans, State of California, and their officials, employees and volunteers are to be covered as insureds as respects: a. b. c. d. Liability arising out of activities performed by or on behalf of the Contractor; Products and completed operations of the Contractor; Premises owned, occupied or used by the Contractor; Automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to Authority, its subsidiaries, officers, officials, employees, or volunteers. 2. For any claims related to this project, Contractor's insurance coverage shall be primary insurance as respects the Authority, its subsidiaries, officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by Authority, its subsidiaries, Contract Agreement 14-FSP-01 Page 6 officers, officials, employees, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to Authority, its subsidiaries, officers, officials, employees, or volunteers. 4. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Authority and its subsidiaries. E. Acceptability of Insurers All insurance, with the exception of workers’ compensation coverage, is to be placed with insurers currently admitted in California, with a current A.M. Best's rating no less than A. Workers’ compensation coverage is to be placed with insurers currently admitted in California. F. Verification of Coverage Contractor shall furnish Authority with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms approved by Authority. All endorsements are to be received and approved by Authority before work commences. Authority may at any time request written verification that insurance coverage is being maintained. G. Liability and Indemnification Contractor shall indemnify, hold harmless and defend Authority, CHP, Caltrans, State of California, Sacramento Area Council of Governments, Central Valley Service Authority for Freeway Emergencies, and their officers, officials, by law, from and against all liability, claims, losses, actions, and expenses (including attorney's fees) on account of bodily injury to or death of any person (including employees of the parties to be indemnified) or for damage to or loss of use of property (including property of Authority) arising out of or resulting from the acts or omissions to act of Contractor, its subcontractors, anyone directly or indirectly employed by any of them, or anyone of whose acts any of them are liable in the performance of the Work, whether occurring during the course of the Contract or after its completion, unless caused solely by the negligence or willful misconduct of the parties to be indemnified. This indemnity shall survive termination of the Contract or final payment thereunder. This indemnity is in addition to any other rights or remedies which Authority may have under the law. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, Authority may in its sole discretion reserve, retain, or apply any monies due to Contractor under the Contract for the purpose of resolving such claims, Contract Agreement 14-FSP-01 Page 7 provided, however, that Authority may release such funds if Contractor provides Authority with reasonable assurance of protection of Authority's interests. Authority shall in its sole discretion determine whether such assurances are reasonable. Claims against the parties to be indemnified, by any employee of Contractor, its subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, shall not limit Contractor's indemnification obligation, set forth above, in any way, by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or its subcontractors under workers' compensation acts, disability benefit acts, or other employee benefit acts or insurances. 7.0 REVISIONS IN SCOPE OF SERVICES Authority may, from time to time, make changes in the Scope of Services of this Contract through a Change Order. A Change Order shall not modify the overall purpose of this Contract. Revisions in Scope of Services may include, but is not limited to, adding: A. Construction FSP. Construction FSP coverage is for the purposes of mitigating traffic congestion during highway construction projects within the Contractor’s regular FSP beat boundaries or immediately adjacent areas where the traffic flow may be significantly affected by the highway construction, as ordered by the California Department of Transportation (Caltrans). Construction FSP is compensated at the overtime hourly rate specified in Section 3.0(E). B. Extended or Special Coverage. Extended coverage or special FSP coverage is for the purpose of mitigating potential or realized traffic congestion due to special events, emergencies or other out-of-the-ordinary circumstances within the Contractor’s regular beat boundaries. Extended or special coverage is compensated at the overtime hourly rate specified in Section 3.0(E). C. Back-Up Coverage. Back-up coverage is defined as providing backup service for other FSP tow contractors in the SacMetro FSP program that are temporarily unable to fulfill their contracted service obligations. Back-up coverage is compensated at the overtime hourly rate specified in Section 3.0(E). D. Extra Work. Extra work is defined as any work that is not otherwise defined or contained in this Contract; is determined by the Authority to be necessary; and bears a reasonable relation to the work originally described in the Contract. Extra work is compensated at the standard hourly rate specified in Section 3.0(C) or at the overtime hourly rate specified in Section 3.0(E), depending on the unique circumstances of each extra work situation and as determined by Authority. Upon receipt of a Change Order approved by Authority, Contractor shall continue performance of the Scope of Services as changed. Changes in the Scope of Services and equitable adjustments in compensation and schedule shall be incorporated in written amendments to this Contract either prior to or subsequent to Authority's issuance of a Change Order. Contract Agreement 14-FSP-01 Page 8 8.0 VIOLATIONS AND PENALTIES A. Standards. The SacMetro FSP program upholds high standards for professionalism, performance, appearance and conduct. Truck operators, being in direct contact with motorists, are the most-visible representatives of SacMetro FSP to the public. In order to enforce the program’s high standards, an objective system of violations and penalties has been established in Chapter 12 of the FSP Standard Operating Procedures Manual (SOP), dated October 2014, and Section 8 of the Scope of Services. B. Notice of Violation. When a violation occurs, CHP and/or Authority shall issue a violation notice to Contractor, and to truck operator, if applicable. The violation notice shall indicate the type of and details of the violation. The Authority shall notify Contractor of disciplinary action to be taken on the truck operator and of any penalties imposed on the Contractor. C. Contractor Penalties. As the employer, Contractor is responsible for its truck operators. Violations incurred by truck operators, as well as by the Contractor, shall result in penalties assessed to Contractor in the form of monetary fines which shall be subtracted from Contractor payments. The Fine Schedule is contained in Section 8.5 of the Scope of Services. D. Repeated Violations. The purpose of the penalties is to encourage the Contractor to correct violations and to take proactive steps to prevent all violations. A pattern of repeated instances of the same violation by the same truck operators, or an increasing sum total of different outstanding or uncorrected violations will result in increased fines or termination of Contract. E. Appeals. Contractor may appeal any violation notice, penalty/fines, truck operator disciplinary suspension or Contract termination if Contractor can demonstrate that the determination of violation was made in error, or if Contractor can cite special or extenuating circumstances not the fault of the Contractor or the truck operator involved that should be considered. 1. Process. Contractor may request an appeal of any penalty or termination of Contract by submitting a completed Request for Appeal available from Authority within ten (10) business days from the date of the Notice of Violation or Contract termination. Appeals regarding disqualification of truck operators from FSP must be submitted by the Contractor (not the FSP truck operator) within five (5) business days from disqualification. 2. Review and Determination. The FSP Technical Advisory Committee (TAC), consisting of staff from Authority, CHP, and other FSP agencies in the Sacramento region, shall review appeal requests for merit and new information and render a determination and notify contractor within ten (10) business days of the appeal. Where an FSP truck operator is disqualified and the disqualification is related to a criminal conviction, the decision on the appeal will be made solely by CHP due to confidentiality of criminal histories. 3. FSP Involvement During and After Appeal. In the period between a FSP truck operator suspension or disqualification and the determination on an appeal request, the FSP truck operator may not be involved in any manner with FSP. In the event the FSP truck operator disqualification is upheld after review of the appeal, the operator shall be indefinitely barred from participating in all FSP programs within CHP’s Valley Division. Contract Agreement 14-FSP-01 Page 9 9.0 EQUAL EMPLOYMENT OPPORTUNITY/FAIR EMPLOYMENT & HOUSING ACT During the performance of this Agreement, Contractor, for itself, its assignees and successors in interest, agrees as follows: A. Compliance with Regulation. Contractor shall comply with the Executive Order 11246 entitled ”Equal Opportunity in Federal Employment,” as amended by Executive Order 11375 and 12086, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), hereinafter collectively referred to as the ”Regulations.” B. Compliance with FEHA. Contractor shall comply with the provisions of the Fair Employment and Housing Act (Cal. Gov. Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Sec 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into the Contract by reference and made a part hereof as if set forth in full. C. Nondiscrimination. Contractor, with regards to the work performed by it after award and prior to completion of the work pursuant to this Agreement, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations. D. Solicitations for Subcontractors, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor’s obligation under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation. E. Information and Reports. Contractor shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities a may be determined by the Authority to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to the Authority, and shall set forth what efforts it has made to obtain the information. F. Sanctions for Noncompliance. In the event of noncompliance by Contractor with the nondiscrimination provisions of this Agreement, the Authority shall impose such sanctions as it may determine to be appropriate including, but not limited to: I. Withholding of payments to Contractor under this Agreement until Contractor complies II. Cancellation, termination, or suspension of the Agreement, in whole or in part. Contract Agreement 14-FSP-01 Page 10 G. Incorporation of Provisions. Contractor shall include the provisions of subsections A through F, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. Contractor shall take such action with respect to any subcontract or procurement as the Authority may direct 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 supplier as a result of such direction, Contractor may request the Authority to enter such litigation to protect the interests of the Authority. 10.0 DRUG FREE POLICY Contractor shall provide a drug free workplace by adopting a drug free workplace policy as set forth in Attachment A. 11.0 PROHIBITED ACTIONS A. Contractor agrees that it shall not bring under employment a truck operator previously employed by another FSP contractor in Sacramento, Yolo, Placer or El Dorado Counties until after ten (10) days of his/her final separation of service from the other FSP contractor. The exceptions to this rule are: I. Where the term of an FSP contract has ended or was terminated—either by the contractor or the Authority—Contractor may immediately hire its former employees. II. The employee leaves their current employer in good standing and there is a mutual understanding between the releasing and acquiring contractors. The purpose of this provision is to promote stability in the FSP program and within and between the tow companies providing FSP services in the region. B. Contractor shall not perform vehicle recoveries of any kind except in rare and unusual circumstances at the direction of CHP or other peace officer(s) on scene. 12.0 PROHIBITED INTERESTS A. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the Authority shall have the right to annul this Contract without liability. B. Contractor agrees that, for the term of this Contract, no member, officer, or employee of Authority or of a local public agency during his/her employment and for one (1) year thereafter, or member or delegate to the Congress of the United States, shall have any interest, direct or indirect, in this Contract, or to any benefit arising thereof. Contract Agreement 14-FSP-01 Page 11 C. The employment by Contractor of personnel on the payroll of the Authority will not be permitted in the execution of this Contract, even though such employment may be outside of the employee's regular working hours. Further, the employment by the Contractor of personnel who have been on the Authority payroll within one (1) year prior to the date of Contract award, where such employment is caused by and/or dependent upon Contractor securing this or related contract with Authority, is also prohibited. 13.0 NOTIFICATION All notices hereunder and communications regarding interpretation of the terms of this Contract or changes thereto shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: Sacramento Transportation Authority 431 I Street, Suite 106 Sacramento, CA 95814 Attn: Norman Hom Contractor Street Address City, CA ZIP Code Attn: Contact Person 14.0 COMPLIANCE WITH LAW Contractor shall familiarize him/herself with and perform the work required under this Contract in conformity with requirements and standards of Authority, municipal and public agencies, public and private utilities, special districts, and railroad agencies whose facilities and services may be affected by work under this Contract. Contractor shall also comply with all Federal, California, and local laws and ordinances applicable to any of the work involved in this Contract. This includes but is not limited to compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, Environmental Protection Agency regulations, and the State of California's Energy Policy and Conservation Act. 15.0 DISPUTES In the event of a disagreement or dispute arising between the parties under this Contract, Authority shall, upon its own initiative or promptly upon the written request of Contractor, make a determination thereof and such determination shall be complied with pending judicial determination of the dispute. Pending final resolution of any dispute hereunder, Contractor shall continue diligently to perform the services under this Contract and in accordance with the Authority's decision or position concerning the disputed matter. Damage Disputes. Upon receiving a damage complaint from a motorist that Contractor damaged his/her vehicle while lending assistance, Contractor shall immediately notify CHP verbally and provide a follow-up written statement from the involved operator within three (3) working days. Contractor must also notify CHP in writing within three (3) working days regarding the nature of the damage complaint and its disposition. Contractor shall reply to the motorist by telephone within 24 hours of receiving the damage complaint notification. If necessary, Contractor shall send his/her authorized representative and/or insurance company representative to inspect the subject vehicle and complete an incident report within 48 hours after receiving the damage complaint. Contract Agreement 14-FSP-01 Page 12 If the investigation shows that the damage to the vehicle could have been caused by Contractor, Contractor shall negotiate in good faith to try and resolve the issue and shall report in writing to the CHP the result of the negotiations. All complaints shall be resolved within a reasonable period of time after being received. 16.0 GOVERNING LAW The validity of this Contract and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of California. 17.0 ENTIRE AGREEMENT This Contract, and any attachments or documents incorporated herein by inclusion or by reference, constitutes the complete and entire agreement between Authority and Contractor and supersedes any prior representations, understanding, communications, commitments, agreements, and proposals, oral or written. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date shown below, but effective on the date first hereinabove written. CONTRACTOR SACRAMENTO TRANSPORTATION AUTHORITY _________________________________________ Name, Title _________________________________________ Brian Williams, Executive Director _________________________________________ Date _________________________________________ Date Approved as to form: _________________________________________ William Burke, Authority Counsel Contract Agreement 14-FSP-01 Page 13 SCOPE OF SERVICES 1. GENERAL DESCRIPTION OF SERVICE The Sacramento Transportation Authority (STA) is the administrative agency for the SacMetro Freeway Service Patrol (FSP). FSP patrols the busiest freeways and highways in the Sacramento metropolitan area, including Yolo County. FSP runs regular weekdays Monday through Friday during the hours when congestion is greatest, generally from 6:30 a.m. to 9:30 a.m. and 2:30 p.m. to 6:30 p.m. (holidays and breaks excluded). FSP operators, driving special tow trucks and service trucks, continuously patrol their assigned beats on the constant lookout for stopped or disabled vehicles. When found, FSP operators introduce themselves to motorist and provide them with an FSP informational brochure and a survey card and then quickly assess the situation. FSP operators may spend up to 10 minutes attempting to mobilize a vehicle though quick fixes and minor repairs such as providing a gallon of fuel, jump starting, changing a flat tire, etc. If a vehicle cannot be mobilized within the 10-minute timeframe, the vehicle is towed to a designated drop location identified by the CHP off of the busy freeway. When requested, the FSP operator may call the CHP Communications Center to request a CHP rotation tow, a specified tow or a relative/friend to assist them. FSP operators may occasionally deal with non-vehicle impediments to smooth traffic flow, such as clearing debris in traffic lanes, traffic control, and other situations. CHP may dispatch a FSP vehicle to incident locations within and beyond the vehicle's patrol limits when necessary. In addition, there may be some instances where FSP operators may be requested to lend assistance to peace officers. FSP operators are required to follow the instructions of the peace officer while at the scene of any incident. FSP operators are not allowed to tow as independent contractors from incidents that occur during the FSP shift. If called as a rotation tow after a FSP shift, a different driver must be dispatched to respond to the incident. FSP truck operators are also not allowed to accept gratuities, perform secondary towing services, recommend secondary tows, or recommend repair/body shop businesses. FSP is operated through a partnership agreement between the STA, Caltrans and CHP. CHP provides field supervision of the program, operator certification and training, dispatching, complaint investigation, and vehicle inspections. Caltrans provides state funding, program analysis, evaluations, and operational recommendations. STA provides contract administration services, accounting controls, match funding procurement, and overall program management. 2. CONTRACTOR REQUIREMENTS 2.1 Contractor Office. Contractor shall provide an office for contract administration purposes. The office shall be staffed by an authorized representative who has the authority to conduct business and make decisions on behalf of Contractor. The office shall be open for business between the Contract Agreement 14-FSP-01 SCOPE OF SERVICES Page 14 hours of 9:00 a.m. and 5:00 p.m. Contractor shall also provide an authorized representative during regular FSP hours to answer any inquiries from the STA, CHP, or Caltrans. Contractor shall furnish radio service, telephone service, email service, or any combination of the above such that all inquiries can be responded to within 15 minutes from receipt of inquiry. At all other times, Contractor shall provide service as necessary to log all calls, complaints, or any inquiries relative to FSP activities. Where Contractor office is in excess of 30 minutes driving time (at the speed limit) from its FSP beats, Contractor must utilize a remote location for staging and parking approved by Authority. 2.2 Permits, Certificates and Licenses. Contractor must obtain any and all permits, certificates, and business licenses required by the local agency or agencies having jurisdiction over the FSP beat area. The scope of a local agency’s jurisdiction may extend to the contractor’s facilities (including satellite parking sites), vehicles, vehicle operators, and tow operations. Contractor shall submit documentation of compliance with this provision to the STA no later than 10 (ten) days prior to the start of work. Documentation shall be in the form of: A. Copies of all required permits, certificates, and licenses; and/or B. Waivers and exemptions, if and as applicable. Contractor shall further ensure all required permits, certificates and business licenses remain current during the entire period of performance of this Contract and are filed with Authority. 2.3 Accounting System. Contractor must have in place and maintain an accounting system that meets the requirements of the STA and Caltrans. Principally, this system must maintain accountability of FSP related costs and income, and document with verifiable source documents all FSP costs, including tow operator timesheets. 2.4 Financial Stability. Contractor must be financially sound, having sufficient funds or business credit to obtain and maintain all required equipment, maintain payments on all FSP related purchases or leases, and support the payroll of FSP tow operators. 2.5 Insurance. Contractor, at its own expense, must obtain and maintain in effect for the duration of the Contract the following insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, or employees: A. Workers’ Compensation insurance as required by the State of California, such policy shall contain a Waiver of Subrogation endorsement in favor of STA; B. Employer’s Liability of at least $1,000,000 per accident for bodily injury or disease; C. Commercial General Liability of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage (if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project location or the general aggregate limit shall be twice the required occurrence limit); Contract Agreement 14-FSP-01 SCOPE OF SERVICES Page 15 D. Owned, Non-Owned and Hired Automobile Liability of at least $1,000,000 per accident for bodily injury and property damage; E. On-hook Insurance of at least $100,000 per accident; F. Umbrella insurance in the amount of $2,000,000 providing excess limits over Employers Liability, Automobile Liability, and Commercial General Liability Insurance. Contractor must have original insurance certificates and the required endorsements approved by STA on file before Contract performance begins. Insurance carriers shall be required to have an established place of business in California. STA may request a claims report at any time. 2.6 Minimum Wage and Benefit Requirement. Contractor must pay each truck operator a minimum wage of $14.00 per hour with health benefits or $15.00 per hour without health benefits. 2.7 Hours of Service and Log Books. Contractor shall ensure that truck operators comply with Title 13, California Code of Regulations, Sections 1212, 1212.5 and 1213 regarding the requirements for log books and hours of service. 2.8 Audits. Contractor is subject to financial and operational audits to document and ensure compliance with the provisions of this Contract, including interviews with Contractor employees. 3. VEHICLES 3.1 Exclusive Use. Trucks shall be exclusively dedicated to the FSP program for the entire term of Contract. Use of dedicated FSP trucks for rotation tow, auto club calls or other non-FSP calls will result in the immediate termination of this Contract. 3.2 Number of Required Vehicles. Contractor shall maintain the number of certified FSP vehicles in Section 9.1 plus the associated number of truck operators. 3.3 Tow Trucks. Requirements and specifications for tow trucks are as follows: A. Flat-bed carriers only B. Body painted white in color C. Model year 2012 or newer D. Not previously registered prior to the award of Contract E. Less than 3,500 miles on the odometer at the start of Contract service F. Minimum Gross Vehicle Weight Rating (GVWR) of 19,500 lbs. G. Total weight of the truck, including the load, must fall within the manufacturer’s GVWR and not exceed either the front or rear axle weight ratings Contract Agreement 14-FSP-01 SCOPE OF SERVICES Page 16 H. Rear axle minimum weight rating of 13,500 lbs. I. Front axle load must be a minimum of 50 percent of its normal or unladen weight after any load is in place J. Carrier bed shall be new, meaning one that has not been previously used or refurbished. The bed shall be a minimum of 21 feet in length and may be of steel or aluminum construction. K. Equipped at a minimum with the materials identified below: Winch rated at minimum of 8,000 lbs. on first layer of cable Winch cable – 50 feet, 3/8” diameter, 6x9 cable or OEM specification with a working limit of 3,500 lbs. Bed and winch controls on both sides of the vehicle Minimum eight (8) tie-down locations, one near each corner of bed and two (2) distributed along each side of bed. Tie-down locations must be capable of mounting a snatch block. Wheel lift with a minimum rating of 2,500 lbs. Set of four (4) axle straps Set of four (4) tie-down chains Motorcycle tie-down straps One (1) 20 foot recovery-type chain with hooks on both ends One (1) four-ton snatch block with hook. Safety chains with positive locking device, 5-feet minimum length, 5/16” alloy or OEM specification Two (2) 4” x 6” x 12” wood blocks Two (2) 4” x 4” wooden cross beams, 48” and 60” in length Any equipment not placed in a storage compartment shall be secured to the truck. 3.4 Service Trucks. Specifications for service trucks are as follows: A. Pickup-style truck with standard, extended or crew cab B. Painted white in color C. Half-ton, three-quarter ton, or one-ton D. Model year 2012 or newer E. Less than 10,000 miles on the odometer at the start of Contract service F. Equipped with Setina Bodyguard PB-400 vertical push bumper Contract Agreement 14-FSP-01 SCOPE OF SERVICES Page 17 3.5 Equipment Requirements for All Trucks. All FSP tow trucks and service vehicles must be equipped with the following materials and equipment: Front/rear directional amber warning lights with flashing capability and on/off switch in cab. A directional light bar may be installed, but must be able to display at a minimum right, left, split (center to outwards), and warning flash. Mounted spot light capable of directing a beam both front and rear. Suitable cab lighting Rear work lights Flashlight and spare batteries or rechargeable flashlight Portable remote tail lights/brake lights with extension cord External speaker and public address system Radios to communicate with contractor's base office Programmable scanners for scanning frequencies used by Caltrans and CHP Trailer hitch capable of handling a 1-7/8” and 2” ball Hydraulic floor jack (2-ton capacity) Hydraulic trolley jack (2-ton capacity) with 5½” to 15¼” lifting range Heavy duty, 60+ amp battery Power outlets ("hot boxes"), front and rear mounted, with outlets compatible with 12 volt booster cables or “Jump-and-Carry” portable battery jump box with 2000 peak amp minimum rating Booster cables, 25 feet minimum, 3-gauge copper wire with heavy-duty clamps, one end adapted to truck’s power outlet Rechargeable air bottle, hoses, fittings, and valve stems with 100 psi capacity or 12 volt onboard air compressor with 75 psi capacity and 50 feet hose Unleaded gasoline (5 gallons, less than 60 days old) Funnel, multi-purpose, flexible spout 5 gallon trash can with lid containing a sealed sack filled with dry sand First aid kit (small 5” x 9”) Fire extinguisher with aggregate rating of at least 4-B, C units Pry bar – 36” minimum 24” coarse-bristle street broom Square point shovel Highway flares (15 minute duration) (36) 28” safety cones (6) Four-way standard lug wrench Contract Agreement 14-FSP-01 SCOPE OF SERVICES Page 18 Four-way metric lug wrench Lock out set Toolbox containing the following: Standard screwdrivers: 1/8”, 3/16”, 1/4”, and 5/16” Phillips screwdrivers: #1 and #2 Needle nose pliers Adjustable rib joint pliers, 2” minimum capacity Crescent wrench, 8” and 12” 4 lb. hammer Rubber mallet / hubcap tool Electrical tape Duct tape Tire pressure gauge Mechanic’s wire Bolt cutters Above equipment may be new or used in excellent condition subject to CHP approval. Additional equipment may be supplemented at Contractor’s option and expense. Any equipment not placed in a storage compartment shall be secured to the truck. 3.6 Vehicle Markings and Logos. Markings and logos on FSP vehicles shall be provided and maintained at the contractor’s expense and conform to the requirements below. It is Contractor’s responsibility to ensure that all FSP markings and logos are displayed properly during FSP service hours. Said markings must either be removed or covered immediately upon the completion of each FSP shift. The method of attachment or cover of FSP required markings/logos must be approved by CHP. A. FSP trucks shall prominently display the SacMetro FSP logo on both front doors. The circular portion of the logo shall be no smaller than fifteen (15) inches in diameter. B. FSP trucks shall display the word “FSP” on the back of the vehicle in a conspicuous location in minimum four (4) inch letters. C. FSP trucks shall display the word “FSP” on the lower one-third of the hood of the vehicle nearest the top of the front grille in minimum ten (10) inch letters. D. Beat identification numbers must be displayed at a location approved by the CHP. E. The maximum size of all other letters and numbers below the roof is four (4) inches in height. F. Any lettering relating to FSP must be black in color unless applied to a black or other darkcolored surface, in which case the lettering may be a contrasting white, blue or yellow. Contract Agreement 14-FSP-01 SCOPE OF SERVICES Page 19 G. Any proposed trim must be black in color and limited to one (1) stripe, a minimum of four (4) inches in width. Exact placement and size of proposed trim must be approved in writing by Authority or CHP. Contractor shall be required to keep FSP markings/logos clean and in readable condition throughout the FSP operation. All FSP markings and logos shall be removed and destroyed at the expiration or termination of the Contract. 3.7 Replacement Trucks. A. Trucks original to the start of this Contract may only be replaced prior to the third anniversary of this Contract due to the significant or total loss of the vehicle, or by written permission of Authority. B. After the third anniversary of this Contract, tow trucks may be replaced at the contractor’s discretion. Replacement trucks shall not be older or have more miles on the odometer than the truck(s) being replaced. All replacement trucks must be approved by CHP for acceptable appearance and condition. All replacement tow trucks must additionally pass Level 1 Commercial Inspection for safety and roadworthiness. 3.8 Back-Up Trucks. A. A back-up truck may be temporarily used when a regular FSP truck is unavailable. Back-up trucks must meet all of the specification and equipment requirements set forth above for regular FSP tow trucks and service trucks except that the age and mileage requirements are waived in lieu of CHP approval of each individual truck on a case-by-case basis on the determination that the temporary back-up truck will be able to maintain high standards of appearance and performance and be safe and roadworthy. B. Use of a back-up truck shall be limited to no more than 15 consecutive workdays at a time. If Contractor is not able to resume FSP service after 15 consecutive workdays, Authority may make provision with another FSP tow provider already under contract with Authority to provide back-up service. C. Contractor must notify CHP whenever a regular FSP truck is removed from service and a backup truck is substituted. Contractor must also notify CHP when a regular FSP vehicle is returned to service. 3.9 Additional Trucks. Additional tow trucks entering service to provide extended or special FSP coverage per Section 7 shall be subject to the age and condition requirements as listed: A. Additional tow trucks entering service to provide extended or special FSP coverage for an anticipated total period of 12 months or less shall be required to pass Level 1 Commercial Inspection for safety and be approved by CHP for acceptable appearance and condition on a case-by-case basis. B. Trucks added for extended or special FSP coverage for an anticipated total period lasting between 12 and 36 months shall be model year 2012 or later, have no more than 100,000 Contract Agreement 14-FSP-01 SCOPE OF SERVICES Page 20 miles on the odometer at the time it enters FSP service, pass Level 1 Commercial Inspection for safety, and be approved by CHP for acceptable appearance and condition. C. Trucks added for extended or special FSP coverage for an anticipated total period lasting longer than 36 months shall meet the same criteria as for new trucks at the start of the Contract. Added trucks must meet all of the other specification and equipment requirements set forth above for regular FSP tow trucks and service trucks in Sections 3.3 through 3.6. 3.9 Vehicle Appearance and Maintenance. A. Regular routine maintenance shall be performed on all FSP trucks so as to maintain their mechanical reliability and expected functionality. B. All FSP trucks shall be washed regularly as needed to maintain a clean and professional appearance. C. Vehicle maintenance and washing shall be the Contractor’s responsibility and may only be performed during off-shift hours or on non-working days unless an appropriate back-up truck(s) are deployed. 3.10 Truck Inspections. A. Prior to commencement of service, Contractor must have CHP inspect all trucks designated for FSP service. The inspections must conclude no later than ten (10) working days prior to the start of service. If a vehicle does not pass CHP inspection, all problems must be rectified or another vehicle must be substituted no later than three (3) days prior to the start of the contracted service. B. Succeeding inspections will occur periodically. Inspection records will be kept on file at CHP offices and at Contractor's local office. Contractor shall also maintain a maintenance record for each FSP vehicle. C. The FSP operator shall be required to complete a pre-operation inspection of the vehicle as well as an inventory of the required equipment prior to the start of each shift. An inspection/ inventory sheet shall be completed prior to the start of each shift. The sheets must be kept on file at Contractor's office and available for CHP inspection upon request. Any item missing must be replaced prior to the start of the shift. D. Tow trucks must, at any time when ordered by CHP, be able to pass Level 1 commercial truck inspection in order to be in service. E. Any dirty, unsafe or poorly maintained vehicle or improperly equipped vehicle shall be removed from service or repaired as directed by CHP. Contract Agreement 14-FSP-01 SCOPE OF SERVICES Page 21 4. COMMUNICATION & TRACKING EQUIPMENT 4.1 FSPTracker. Contractor shall provide for each FSP truck or truck operator a Contractor-owned smart mobile device (phone or tablet) equipped and compatible with the FSPTracker application provided by STA for the purposes of providing Global Positioning System (GPS) vehicle tracking and real-time recording of assist information and details. CHP and Authority must be granted access to the mobile devices at any time upon request to check for connectivity and functionality. FSPTracker must be turned on and communicating for all trucks and operators during FSP hours. 4.2 Sprint DirectConnect. Contractor shall provide each FSP truck operator with a push-to-talk (PTT) radio on the Sprint DirectConnect network (a.k.a., “shop radio”) for the purposes of direct communication between the FSP truck operators and the supervising CHP officers. Contractor must provide up-to-date information to CHP and Authority as to the DirectConnect numbers assigned to each truck operator and immediately notify CHP and Authority of changes. Where the shop radios can also be used to instantly communicate with contractor's base office, they may be substituted for the radios specified in Section 3.5. 4.3 FSP Radios. All FSP trucks shall be equipped with Motorola Astro XTL 1500 digital mobile radios provided by Authority for two-way communication between FSP truck operators and dispatchers at the CHP Communications Center over the Sacramento Regional Radio Communications System (SRRCS). The Authority-supplied communications equipment shall be in addition to Contractor's radios. Installation of radios, including parts and labor, shall be at the Contractor’s expense. 4.4 Communication Equipment Security. Contractor shall be responsible for maintaining the security of the vehicle communication equipment. Contractor shall be liable for any damage other than normal wear and tear to the communication equipment supplied by Authority. Contractor shall also be liable for the full replacement value of the communication equipment installed in the trucks while said equipment is in the care, custody, and control of Contractor or its agents. Authority shall deduct repair fees as well as the full replacement cost of any Authority equipment from the contractor's payment for the month in which Authority must replace or repair equipment (other than as described above). Authority-supplied vehicle equipment shall be returned upon Contract termination. The cost of any equipment not returned shall be deducted from the contractor's final payment. 5. VEHICLE OPERATORS 5.1 Background Requirements. All FSP operators shall be required to have a safe driving record and a current California driver’s license legally appropriate for the tow vehicle being driven. All operators shall be 18 years of age or older with no felony convictions within the last 7 (seven) years and no history of a violent felony arrest or conviction. Potential operators shall be subject to driving record and criminal background checks. The driving record and criminal background checks shall be conducted by CHP upon application for tow operator permit DL64. All application fees for said permit shall be paid by Contractor. 5.2 Certificates and Reports. All FSP truck operators must hold a valid tow operator permit DL 64 and a completed Medical Examination Report (DL 51) on file with the Department of Motor Vehicles (DMV). All FSP operators must also hold CTTA (California Tow Truck Association) Level 1 Light Duty Contract Agreement 14-FSP-01 SCOPE OF SERVICES Page 22 Towing & Recovery certification. Contractor shall ensure that the required certificates and reports for FSP truck operators remain up-to-date and valid during the entire period of this Contract. 5.3 Competency. FSP truck operators shall be sufficiently experienced in tow truck operation and proficient with all required FSP equipment so as to provide safe and proper service. FSP truck operators must be capable of demonstrating their tow operating abilities to the satisfaction of CHP prior to formal FSP training. Additionally, truck operators are required to exercise sound judgment in carrying out their duties while conforming to procedures outlined in the FSP Standard Operating Procedures Manual. 5.4 Drug and Alcohol Policy. CHP, Caltrans, and the STA maintain strict drug and alcohol policies. Any FSP vehicle operator found working under the influence of drugs or alcohol shall be disqualified from participation in FSP immediately. Contractor shall be responsible for finding a replacement FSP operator for that vehicle. 5.5 Initial Training. Contractor and truck operators shall be required to complete a two-day (16 hours) FSP training program. Contractor shall pay operators for the time spent in the training class. No truck operator will be allowed to begin FSP patrols without attending the mandatory training class. Any FSP truck operator found on patrol without completing the mandatory training class may be prohibited from further FSP service and the Contract agreement may be subject to immediate termination. 5.6 Refresher Training. Mandatory FSP refresher training classes shall be scheduled during non-FSP hours. The refresher training shall be two (2) hours per quarter [for a total of eight (8) hours per year]. Contractors shall pay FSP operators for attending the training. 5.7 Special Training. In the event of special FSP training classes or sessions conducted by the CHP Field Supervisors are in excess of two (2) hours per quarter [or beyond eight (8) hours per year], STA shall reimburse Contractor for each FSP operator attending the training at the rate of 1.62 times the hourly rate specified in Section 2.6 of the Scope of Services for workers without medical benefits. 5.8 Notification. FSP operators must inform the CHP Communications Center any time they leave an assigned beat. This includes replenishing expendable items such as gasoline, fire extinguishers, etc., and transporting a disabled vehicle to a CHP-designated drop location. FSP operators are required to complete an electronic or manual motorist assist record for each assist. 5.9 Travel Time. Travel time for the truck operator to and from the beat will be at Contractor expense. 5.10 Independent Towing. FSP truck operator may not tow as an independent contractor from an incident that occurred during an FSP shift under any circumstances. If directed by CHP rotation tow, Contractor may respond with a different, non-FSP driver in a non-FSP truck. Violations may subject the Contract agreement to immediate termination. 5.11 Tips and Recommendations. All FSP services are provided at no cost to the motorist. Operators cannot accept gratuities, perform secondary towing services, recommend secondary tows, or recommend repair/body shop businesses. Violations may be subject to immediate suspension or Contract termination. Contract Agreement 14-FSP-01 SCOPE OF SERVICES Page 23 6. UNIFORMS 6.1 Uniforms. Contractor is responsible for providing vehicle operators with specified uniforms, safety vests, shoes, and other equipment. The equipment includes navy blue jump suits or shirts and pants. A. If coveralls are worn they shall have two-way zip front with heavy-duty brass zipper. Coveralls or shirtsleeves shall be half raglan type or set-in sleeve with pleated-action back. Long sleeves may have plain barrel cuff or be equipped with snap or button closure on wrist. The length of the sleeve on short-sleeve coveralls/shirts shall come to within approximately 1 inch of the inside forearm when the wearer's arm is bent at a 90-degree angle. B. The coveralls shall have shape-holding sanforized waist banding with elastic inserts for trim fit. Legs shall be moderately tapered to avoid excessive fullness. All main seams shall be at least double-stitched with good quality thread. C. Shirts or coveralls shall have one (1) or two (2) chest pockets. Single pocket coveralls/shirts shall have the chest pocket placed on the left. D. The first name initial and full last name shall be sewn above the right chest pocket so that it shall be clearly visible with the collar open. Letters shall not exceed one-half inch in height. A detachable metal or plastic nameplate may be worn in place of the embroidered name at Contractor's option. A 4” by 4” FSP logo patch supplied by STA shall be sewn above the left front pocket and on the right shoulder. If awarded, "Driver of the Year" or other special patches may be sewn on the left shoulder. The uniform should include no other markings or decoration. E. Reflective white stripes may be sewn around both sleeve cuffs and both leg cuffs and across the upper back. 6.2 Safety Apparel. FSP truck operators shall wear high-visibility safety apparel in conformance with ANSI/ISEA 107-2004 and ANSI/ISEA 207-2006 whenever he or she is outside of the vehicle performing an assist. At a minimum, this shall include an orange or green-colored safety vest. The letters "FSP" shall be sewn or silk-screened across the middle portion of the back of each safety vest, or may be sewn on a patch of the same color as the uniform which is sewn across the middle portion of the back of each safety vest. The letters shall be at least four (4) inches in height and shall be white in color and shall be centered. 6.3 Photo ID Card. The Authority will issue each FSP truck operator a photo identification card. The FSP identification card must be carried on the person so that it is readily visible to the motorists they are assisting and must be readily available to be produced upon request at any time. FSP ID cards are the property of the Authority and must be either returned or destroyed immediately upon the FSP truck operator’s disqualification from the FSP program or separation of service from Contractor, or upon termination or completion of this Contract. 6.4 Footwear. All FSP operators shall wear general duty black work boots with protective steel toe. Contract Agreement 14-FSP-01 SCOPE OF SERVICES Page 24 6.5 Cold Weather Clothing. During cold weather, a navy blue sweater or sweatshirt may be worn under the uniform shirt/jumpsuit. A navy blue jacket may replace the sweater or sweatshirt at the Contractor's option, if it meets all the uniform specifications, including patches, reflective tape, etc. 6.6 Rain Gear. Rain gear shall be waterproofed material, yellow in color. Reflective white tape shall be applied to both sleeve cuffs and both leg cuffs and across the upper back. 6.7 Headwear. Hats are optional. They shall be baseball type cap, navy blue in color. At Contractor's option, the Freeway Service Patrol logo or the initials "FSP" shall be embroidered above the brim. The logo or initials shall be centered. Initials shall be sewn in white. No other logos/names shall be accepted. 6.8 Condition. All uniform items, including optional items when worn, must be clean and in presentable condition. FSP operators wearing dirty or excessively worn uniforms may be placed out of service until the condition is corrected. 6.9 Uniform Costs. All uniform costs, except the purchase cost of FSP logo patches, shall be borne by Contractor. 6.10 Disposition at End of Contract. Upon termination or completion of this Contract, Contractor shall surrender to Authority or destroy any and all uniform items featuring the FSP logo or bearing the word ‘FSP’. Items destroyed by Contractor shall be documented to Authority with a signed letter listing the items and the method of destruction used. 7. COMPLIANCE WITH STANDARD OPERATING PROCEDURES Contractor shall comply with all provisions of the CHP Freeway Service Patrol Standard Operating Procedures (SOP) Manual—dated October 2014—which more specifically details the standards for professionalism and conduct, operator duties and responsibilities, policies and procedures for operational situations, safety, tow procedures, radio communications, documentation and reporting, sexual harassment, drug and alcohol policies, criminal conduct while on or off duty, violations and penalties, and certification requirements. The SOP is incorporated into this Scope of Services and Contract by reference. 8. VIOLATIONS AND PENALTIES This section supplements Chapter 12 — Violations and Penalties of the FSP SOP, dated October 2014. 8.1 Type of Violations. A. Minor Violations. Examples of minor violations include, but are not limited to, those related to uniforms, grooming, having insufficient supplies, broken or missing equipment, failure to display FSP identification, missing paperwork, tardies, prolonged or excessive breaks, failure to communicate properly with dispatch, not passing out FSP brochures and assist survey cards, minor safety issues, etc. Contract Agreement 14-FSP-01 SCOPE OF SERVICES Page 25 B. Major Violations. Examples of major violations include, but are not limited to, those related to higher-priority safety issues, unexcused absences, late sign-ons or early sign-offs, leaving beat boundaries or not being on beat, expired required driver licenses and certificates, dishonesty and falsifying information, smoking or sleeping while on duty but not on break, failure to report damage, use of foul or grossly inappropriate language with motorists, etc. C. Flagrant Violations. Examples of flagrant violations include, but are not limited to, charging for FSP service, theft, being under the influence of drugs or alcohol, possession of firearms or illegal weapons, tampering or interfering with tracking equipment, performing an unauthorized vehicle recovery, solicitation or receiving and keeping tips or other gratuities, use of dedicated FSP trucks for non-FSP purposes, recommending or providing secondary tow or repair services, not keeping business licenses, certificates, permits and insurance coverage up-to-date and current, sexual misconduct, disobeying direct orders from CHP, etc. 8.2 Violations Committed by FSP Operators. FSP truck operators found in violation of this Contract and/or the SOP may be issued a written reprimand, placed out of service by CHP until a correction is made, and/or disciplined by a temporary suspension, and a financial penalty shall be assessed to the Contractor. For multiple instances of the same violation, cumulative instances of a variety of violations by the same FSP truck operator, or for major or flagrant violations, the FSP operator may be suspended for an extended period of time, or disqualified from participating indefinitely in Freeway Service Patrol. 8.3 Violations Committed by Contractor. Violations of this Contract or the SOP by Contractor will result in—but are not limited to—financial penalties (fines). Major violations or flagrant violations may result in termination of Contract. 8.4 Contractor’s Responsibility. Contractor is responsible for ensuring compliance with Contract and the SOP, both by itself and the FSP truck operators in Contractor’s employ. Therefore, fines incurred by FSP truck operators are levied against Contractor to ensure the Contractor assumes its due responsibility to resolve any and all incidences of noncompliance and to prevent future occurrences. Failure to adequately address, correct or prevent violations may result in termination of Contract. 8.5 Financial Penalties. The fine schedule shall be as follows: A. Minor Violations. I. Minor violations involving uniforms, personal grooming, truck appearance, and supplies or equipment shall result in a fine to the Contractor of $50 per occurrence. II. All other minor violations shall result in a fine to the Contractor of $50 for the first occurrence per FSP truck operator, $100 for the second occurrence of the same violation by the same FSP truck operator within a 6-month period, and $150 for the third occurrence of the same violation by the same FSP truck operator within 6 (six) months of the second occurrence. The contractor shall be fined $250 for the fourth cumulative occurrence of the same violation by the same FSP truck operator regardless of when the previous violations occurred; thereafter, the Contractor may be fined $500 for every subsequent occurrence. Contract Agreement 14-FSP-01 SCOPE OF SERVICES Page 26 B. Major Violations. Major violations shall result in a fine to the Contractor of $100 for the first occurrence per FSP truck operator or the Contractor, $250 for the second occurrence of the same major violation within a 6-month period by the same FSP truck operator or by the Contractor, and $500 for the third occurrence of the same major violation within 6 (six) months of the second occurrence by the same FSP truck operator or by the Contractor. The Contractor shall be fined $1,000 for the fourth cumulative occurrence of the same violation by the same FSP truck operator or by the Contractor regardless of when the previous violations occurred; thereafter, the Contractor may be fined $2,500 for every subsequent occurrence. Moreover, a pattern of violations—major or minor—committed by the Contractor and/or any of its FSP truck operators, particularly when concentrated within a short time period, may result in extended suspensions, disqualification of truck operators from participating in FSP or immediate termination of the Contract. C. Flagrant Violations. At a minimum, flagrant violations shall result in a fine to the Contractor of $1,000 to $2,500, as determined by Authority, for each and every occurrence. Depending on the severity or the frequency of the flagrant violation(s), Authority may immediately terminate the Contract. 9. BEAT AND COVERAGE DESCRIPTIONS 9.1 Beats. The FSP operates on selected freeway segments referred to as ‘beats’. Each beat has specified turnaround locations and designated drop locations identified by the CHP. Below are the general limits, number of tow or service trucks, and typical hours of operation of the beats that are the subject of this Contract. Beat Location Vehicles Normal Hours 5 Interstate 80 In Sacramento County between the Sacramento River and Business (Interstate) 80 1 tow truck 1 service truck Monday through Friday: 6:30am-9:30am 2:30pm-6:30pm 6 Interstate 5 In Sacramento County between Elk Grove Blvd. and Elkhorn Blvd./ State Highway 99 2 tow trucks 1 service truck Monday through Friday: 6:30am-9:30am 2:30pm-6:30pm Monday through Thursday: 6:30am-9:30am 2:30pm-6:30pm 7 Interstate/Business 80 In Yolo County between Jefferson Blvd. and the Solano County Line 1 tow truck Friday: 6:30am-9:30am 2:30pm-7:00pm Sunday/Monday Holidays: 11:00am-6:00am Contract Agreement 14-FSP-01 SCOPE OF SERVICES Page 27 At any time during the Contract's terms, STA reserves the right to make minor adjustments to the beat specifications to better accommodate demand for service. These changes can occur during the course of the Contract through written change orders. If warranted, Contractor may be required to temporarily expand his/her assigned beat area and hours of operation. 9.2 FSP Holidays. SacMetro FSP in Sacramento County observes the following holidays: New Year’s Day Martin Luther King, Jr. Day Lincoln’s Birthday Presidents Day (Washington’s Birthday) Memorial Day Independence Day Labor Day Veterans Day Thanksgiving (including Thanksgiving Day and the Friday after) Holiday Break (Christmas Eve through New Year’s Eve) In Yolo County, Beat 7 observes the same holidays with the exception of holidays that fall on a Monday. Where a FSP holiday falls on a Monday, Beat 7 shall not run on the Sunday prior as it normally would but will instead run the same hours on the Monday holiday. STA reserves the right to make minor adjustments or to add to or delete holidays from the work schedule with a minimum of ten (10) days’ notice to Contractor. Contract Agreement 14-FSP-01 SCOPE OF SERVICES Page 28 Attachment A DRUG-FREE WORKPLACE POLICY The company is committed to providing and maintaining a drug-free workplace consistent with the provisions of the Drug-Free Workplace Act of 1988. Unlawful manufacture, distribution, dispensing, possession of, or use of any controlled substance in the company offices is strictly prohibited. Compliance with this prohibition is a condition of employment. Staff violating this prohibition will be subject to disciplinary action up to and including termination. The company will provide a drug-free awareness program to inform its staff about: • The dangers of drug abuse in the workplace; • The company's policy of maintaining a drug-free workplace; • Drug counseling, rehabilitation, and other assistance programs that are available; and • The penalties that may be imposed upon staff members for drug abuse violations occurring in the workplace. Any staff member who has been convicted of violating any criminal drug statute in the workplace is required to notify the Owner within five (5) days after such conviction. Within ten (10) days after receiving such notice of conviction, the Owner shall notify any federal funding agency requiring such notification, as mandated by the Drug-Free Work-Place Act of 1988. Within thirty (30) days of receiving notice of such conviction, the Owner shall also take one (1) of the following actions with respect to any staff member so convicted: Initiate disciplinary action and/or require the convicted staff member to participate satisfactorily in a drug-abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. Dissemination of Policy: To achieve the goals of the company's Drug-Free Policy and to ensure that all staff members are aware of the firm's official policy regarding a drug-free workplace, the following steps have been and will be taken: • Every staff member will be given a copy of the company’s Drug-Free Policy. • The company's Drug-Free Policy will be discussed periodically at management and other staff meetings. • All new staff members will receive a copy of the company’s Drug-Free Policy as part of their initial orientation. Contract Agreement 14-FSP-01 ATTACHMENT A Page 29 CHANGE ORDER TO CONTRACT 14-FSP-01 REGARDING ENHANCED FREEWAY SERVICE PATROL SUPPORT FOR CALTRANS’ SAC-80 ACROSS-THE-TOP HOV & REHAB PROJECT, PHASE 3 Pursuant to Section 7.0(A) of Contract 14-FSP-01 between the Sacramento Transportation Authority (STA) and ___________________ (Contractor) regarding revisions to the Scope of Services for construction Freeway Service Patrol (FSP), this written change order authorizes Contractor to provide enhanced FSP coverage on and around Interstate 80 from the Sacramento River Bridge to Watt Avenue in support of Phase 2 of Caltrans’ Sac-80 Across-the-Top HOV and Rehab Project (Project) as follows: 1) Contractor shall temporarily extend the hours of operation of existing beat 646-184 and shall provide one (1) additional tow truck, 646-801, dedicated to mitigating traffic impacts resulting directly or indirectly from the Project, as follows: Truck Start Date End Date Coverage Times Days 646-184 April 1, 2015 April 14, 2015 or later 6:30 p.m. to 7:30 p.m. (one additional hour) Weekdays April 1, 2015 April 14, 2015 or later 6:30 a.m. to 7:30 p.m. Weekdays April 15, 2015 End of project, anticipated to be March 31, 2016 9:30 a.m. to 6:30 p.m. as determined by RE or PM Weekdays (existing) 646-801 (temporary and dedicated exclusively to Project) All dates are approximate; specific dates to be determined later and will depend on the status and progress of Phase 2 of the construction Project. 2) Tow trucks shall be generally assigned to the following areas: • Interstate 80 – From Sacramento River Bridge to Watt Avenue 3) Tow operator(s) shall monitor the Sacramento Regional Radio System’s FSP frequency and the CHP frequencies used for Project. Tow operators shall be in constant radio communication with CHP dispatch using radios provided by STA. 4) The FSPTracker app on each tow operator’s smartphone shall be enabled and logged in at all times while on duty. Tow operators shall enter all assist data into the electronic system as is normally done with regular FSP. Contract 14-FSP-01 Change Order — November 7, 2014 Page 1 5) Tow truck 646-801 shall normally be parked at locations identified by and directed by the CHP incident commander, Caltrans’ District Traffic Management (DTM) and the Caltrans’ Resident Engineer (RE). 6) Tow operators shall remain alert and at the ready while on duty. Tow operators shall deploy immediately when dispatched by CHP with the primary goal of reaching the reported incident as soon as possible and within ten minutes. 7) Upon arrival at an incident where CHP is not present and no other direction is given, FSP operators shall assess the situation and use good judgment to determine the mostappropriate course of action, whether to clear the incident as quickly as possible by towing the disabled vehicle off the freeway, or attempt a quick fix or fast repair such as providing a gallon of gas or changing a flat tire if traffic is not too heavy, or something else. It is expected that, in most cases, the best course of action will be to tow disabled vehicles off the freeway to immediately remove traffic impediments, especially during peak commute periods when the roadways are most congested or within the temporary express lanes. 8) Expanded coverage pursuant to this change order shall be invoiced separately to the STA at the contracted hourly overtime rate every two weeks. 9) All other provisions of the contract and Scope of Services remains intact and in force. ________________________________________ Norman Hom Program Manager SacMetro Freeway Service Patrol ________________________________________ Contractor Title Tow Company ________________________________________ Date ________________________________________ Date Contract 14-FSP-01 Change Order — November 7, 2014 Page 2 SACRAMENTO TRANSPORTATION AUTHORITY PLACER COUNTY TRANSPORTATION PLANNING AGENCY EL DORADO COUNTY TRANSPORTATION COMMISSION CALIFORNIA HIGHWAY PATROL CALIFORNIA DEPARTMENT OF TRANSPORTATION Revised: October 2014 All previous revisions are obsolete FOREWORD Congratulations! Welcome to the Sacramento Metro Freeway Service Patrol (FSP) program. As a Freeway Service Patrol Operator, you are a member of an elite team of congestion-relief specialists. The purpose of this Standard Operating Procedure (SOP) manual is to update the existing SOP, as well as to create a comprehensive manual that provides the FSP Operator with a better understanding of the rules, policies, and regulations of the FSP program. Policies and Procedures established in this manual are consistent with those of Caltrans and the California Highway Patrol. Not all situations arising in the FSP program can be addressed in this manual. Therefore, sound judgment on the part of the FSP Operator should always be used. This manual will be occasionally updated as needed. This SOP shall be carried by the Operator in the FSP service vehicle during FSP service hours. Take pride in your job! You are fighting on the front line in a constant war to reduce congestion for local motorists. Your smile can make someone’s day. The Freeway Service Patrol needs your support in order to continue to achieve “Excellent” service ratings. Remember, the public acknowledges your good service daily through letters like this one: I wish to express my appreciation for the wonderful service I received yesterday. I had a tire blow out on highway 50 during the afternoon commute. I was scared for my safety, but within minutes, a FSP angel came to my rescue and changed my tire. I was on my way in less than 10 minutes. Your driver was extremely polite and professional. I appreciate all you do. Carol Elk Grove You are a hero every day!! TABLE OF CONTENTS A. CHAPTER 1 – OVERVIEW OF FREEWAY SERVICE PATROL PROGRAM 1. WHY A FREEWAY SERVICE PATROL PROGRAM? ...............................................1-1 2. SCOPE OF PROGRAM ............................................................................................1-1 B. CHAPTER 2 – PROFESSIONALISM 1. 2. 3. 4. DEMEANOR/COURTESY .........................................................................................2-1 UNIFORM REQUIREMENTS ....................................................................................2-2 GROOMING AND PERSONAL APPEARANCE STANDARDS..................................2-4 OCCURRENCE OF CRIMINAL CONDUCT ON/OFF DUTY .....................................2-5 C. CHAPTER 3 – OPERATOR DUTIES AND RESPONSIBILITIES 1. LIABILITY ..................................................................................................................3-1 2. NO PEACE OFFICER POWERS...............................................................................3-1 3. NOTIFYING DISPATCH ............................................................................................3-2 4. USE OF AM/FM RADIO ............................................................................................3-2 5. SLEEPING WHILE IN OR AROUND A FSP SERVICE VEHICLE .............................3-2 6. HONESTY AND TRUTHFULNESS ...........................................................................3-3 7. BEAT LIMITS ............................................................................................................3-3 8. PATROL RESPONSIBILITY ......................................................................................3-3 9. FSP LOGO/PLACARDS ............................................................................................3-3 10. PATROL PERIOD/SHIFT ..........................................................................................3-3 11. DRIVING ON THE SHOULDER OR HOV LANE .......................................................3-4 12. PATROLLING TRANSITION ROADS ........................................................................3-4 13. OVERTIME ...............................................................................................................3-4 14. SECONDARY TOW ..................................................................................................3-5 15. TEN-MINUTE MOBILIZATION PERIOD ....................................................................3-5 16. BREAKS....................................................................................................................3-5 17. OPERATOR BECOMES SICK OR UNABLE TO WORK ...........................................3-6 18. MORE THAN ONE OPERATOR AT A SCENE .........................................................3-6 19. REFERRALS/SECONDARY TOW ............................................................................3-6 20. TIPS/GRATUITIES ....................................................................................................3-6 21. DRIVER LICENSE, DL64, MEDICAL CARD AND LOG BOOK REQUIREMENTS ....3-7 22. RIDE-ALONGS..........................................................................................................3-7 23. WEAPONS ................................................................................................................3-7 24. REPEAT CUSTOMERS ............................................................................................3-7 25. INTERACTION WITH EMERGENCY ROADSIDE ASSISTANCE PROVIDERS ........3-8 D. CHAPTER 4 – OPERATIONAL SITUATIONS AND POLICIES 1. 2. 3. 4. 5. 6. 7. 8. INTERACTION WITH PEACE OFFICERS ................................................................4-1 MOTORIST CONTACT .............................................................................................4-1 DISABLED VEHICLES THAT ARE OCCUPIED ........................................................4-2 ABANDONED VEHICLE PROCEDURES ..................................................................4-4 TRAFFIC COLLISIONS .............................................................................................4-5 REMOVAL OF DEBRIS FROM THE ROADWAY ......................................................4-7 HAZARDOUS MATERIALS .......................................................................................4-8 PEDESTRIANS ON THE FREEWAY ........................................................................4-9 E. CHAPTER 5 – SAFETY 1. 2. 3. 4. 5. 6. 7. 8. FOCUS ON SAFETY.................................................................................................5-1 SAFETY OF THE MOTORIST ...................................................................................5-1 COMMON SAFETY RULES ......................................................................................5-1 SAFETY POINTS ......................................................................................................5-2 FLARE/CONE PATTERNS........................................................................................5-2 SAFE VEHICLE OPERATION ...................................................................................5-3 SURFACE STREETS ................................................................................................5-4 PERSONAL SAFETY ................................................................................................5-4 F. CHAPTER 6 – TOW PROCEDURES AND POLICIES 1. 2. 3. 4. 5. 6. 7. 8. 9. HOOKING UP THE VEHICLE ...................................................................................6-1 TRAVELING WITH VEHICLE IN TOW ......................................................................6-1 PUSHING VEHICLES ...............................................................................................6-2 OVERHEATED VEHICLES .......................................................................................6-4 JUMP STARTS .........................................................................................................6-4 VEHICLE LOCKOUT PROCEDURES .......................................................................6-6 CAR FIRES ...............................................................................................................6-6 REPORTING VEHICLE DAMAGE .............................................................................6-7 DROP LOCATIONS ..................................................................................................6-7 G. CHAPTER 7 – RADIO COMMUNICATIONS 1. 2. 3. 4. 5. 6. RADIO COMMUNICATIONS EQUIPMENT ...............................................................7-1 GENERAL RADIO PROCEDURES ...........................................................................7-1 MONITORING RADIO/SCANNER TRAFFIC .............................................................7-2 PROPER RADIO PROTOCOL FOR TRANSPORTATION OF FEMALES .................7-3 RADIO DO’S AND DON’TS .......................................................................................7-3 RADIO CODES, ABREVIATIONS AND COMMON PENAL/VEHICLE CODES .........7-6 H. CHAPTER 8 – DOCUMENTATION 1. 2. 3. 4. I. REQUIRED DOCUMENTATION ...............................................................................8-1 TOW TRUCK AND EQUIPMENT DAILY/WEEKLY INSPECTION REPORT .............8-1 MOTORIST ASSIST FORM ......................................................................................8-2 CONTRACTOR’S RESPONSIBILITY ........................................................................8-2 CHAPTER 9 – SPECIAL RELATATIONSHIPS 1. SPECIAL RELATIONSHIPS ......................................................................................9-1 J. CHAPTER 10 – SEXUAL HARASSMENT 1. SEXUAL HARASSMENT...........................................................................................10-1 K. CHAPTER 11 – DRUG AND ALCOHOL POLICY 1. CONTRACTOR’S RESPONSIBILITY ........................................................................11-1 2. OPERATOR’S RESPONSIBILITY .............................................................................11-1 3. ARRESTS .................................................................................................................11-3 L. CHAPTER 12 – VIOLATIONS AND PENALTIES 1. 2. 3. 4. 5. OVERVIEW ...............................................................................................................12-1 CLASSIFICATION OF VIOLATIONS .........................................................................12-1 PENALTIES...............................................................................................................12-4 APPEALS ..................................................................................................................12-5 DOCUMENTATION ...................................................................................................12-6 M. CHAPTER 13 – OPERATOR CERTIFICATION 1. OVERVIEW ...............................................................................................................13-1 2. ABILITY TO READ AND COMMUNICATE CLEARLY ON RADIO .............................13-1 3. CERTIFICATION REQUIREMENTS .........................................................................13-2 ATTACHMENTS ATTACHMENT A - BEAT BOUNDARIES ATTACHMENT B - MISCELLANEOUS FSP AND TOWING LAWS ATTACHMENT C - FSP OPERATOR APPLICATION PACKET (CHP 234f) ATTACHMENT D - HYBRID VEHICLE POLICY ATTACHMENT E - SACRAMENTO AREA BEAT MAP ATTACHMENT F - PLACER COUNTY BEAT MAP ATTACHMENT G - WAITING PERIOD ATTACHMENT H – DROPSITES DEFINITIONS Caltrans ............................ California Department of Transportation (DOT) CHP................................... California Highway Patrol Contract ........................... The legal document (of which this document is a part) between the Sacramento Transportation Authority (STA), the Placer County Transportation and Planning Agency (PCTPA) and/or the El Dorado County Transportation Commission (EDCTC) and your tow company owner. Contractor ........................ A tow company contracted to provide service for the Freeway Service Patrol program. Dispatch ........................... The CHP personnel assigned to dispatch the service vehicles for the Freeway Service Patrol program. EDCTC .............................. El Dorado County Transportation Commission FSP ................................... Freeway Service Patrol FSP Management ............ CHP personnel assigned to supervise the FSP in the field also called “David” units. Operator ........................... A trained tow truck driver certified to work for the FSP program. PCTPA .............................. Placer County Transportation Planning Agency Service Truck ................... A pick-up truck equipped and assigned to be used in the FSP program. Service Vehicle ................ A tow truck or pick-up truck equipped and assigned to be used in the FSP program. SOP................................... The FSP program’s Standard Operating Procedures. STA ................................... Sacramento Transportation Authority CHAPTER 1 OVERVIEW OF FSP PROGRAM CHAPTER 1 OVERVIEW OF SACRAMENTO METRO FREEWAY SERVICE PATROL PROGRAM A. WHY A FREEWAY SERVICE PATROL PROGRAM? 1. The purpose of the Freeway Service Patrol (FSP) program is to alleviate nonrecurring traffic congestion problems in metropolitan areas of the state by providing roving patrol service to remove disabled vehicles, minor collisions, and debris from urban freeways during peak commute hours. 2. California Department of Transportation (Caltrans) studies concluded that when one lane of a three-lane expressway is blocked, capacity is reduced by 60 percent as vehicles are forced to merge into the remaining open lanes. The reduction or loss of two lanes further limits the flow of traffic by approximately 90 percent. Even a motorist changing a tire on the shoulder reduces the flow of traffic by 10 to 15 percent as other drivers slow to look. Increasing the number of lanes is an expensive way to increase the volume of traffic a highway can handle; hence, Caltrans identified the rapid removal of road obstructions as a much less expensive strategy to maximizing efficiency of existing roadways. B. SCOPE OF PROGRAM 1. The Sacramento Metro Freeway Service Patrol (FSP) is a joint program of the Sacramento Transportation Authority (STA), Placer County Transportation Planning Agency (PCTPA), El Dorado County Transportation Commission (EDCTC), the California Highway Patrol (CHP), and the California Department of Transportation (Caltrans). 2. Privately owned tow companies enter contractual agreements with STA, PCTPA and/or EDCTC, to provide continuous patrol service during morning and evening commute hours on designated portions of the most congested freeways. 3. Operators provide on-the-spot help to motorists, free of charge, and with no tip. An Operator may jump start cars, repair or replace a flat tire, provide a gallon of gas, tape water hoses or provide other quick fixes to mobilize the disabled motorist. 1-1 CHAPTER 1 OVERVIEW OF FSP PROGRAM 4. If a FSP Operator is unable to get a vehicle running within 10 minutes, the Operator will usually tow the vehicle to a designated drop location where additional assistance can be requested. 5. A FSP Operator may be called upon to provide assistance in removing vehicles involved in collisions, removing debris from roadways, tagging abandoned vehicles, or assisting with other incidents as directed by the California Highway Patrol. 1-2 CHAPTER 2 PROFESSIONALISM CHAPTER 2 PROFESSIONALISM A. DEMEANOR/COURTESY 1. FSP Operator is a professional who represents his employer, as well as the CHP, Caltrans, STA, PCTPA and EDCTC. An essential element of this public service is the Operator’s demeanor. For this reason, an Operator shall conduct him/herself (hereinafter referred to in the masculine) in a business-like manner and ensure all public contact is professional, courteous, and efficient. 2. The FSP Operator shall professionally conduct himself whenever dealing with anyone while on FSP duty, including other tow Operators. Upon contact with a motorist, the Operator shall briefly explain the program and offer assistance. A motorist is not obligated to accept any assistance, however, refusal of FSP service shall be reported to Dispatch. 3. The FSP Operator shall not attempt to solicit or initiate any personal conversation with motorists he assists. For example, asking a motorist if he/she is married or has a “significant other” is inappropriate conversation. The Operator shall not solicit addresses or telephone numbers for personal use. The Operator shall, however, attempt to answer any questions pertaining to the FSP program that are asked by the motorist. 4. The FSP Operator shall not use offensive language, smoke, chew tobacco, eat, drink, or have toothpicks or other items in his mouth while in contact with motorists. 5. When stopping to help a motorist, FSP personnel shall initiate contact with the disabled vehicle’s driver as soon as it is safe to do so. 6. The Operator should always remain calm. He will often be the first to encounter or respond to a traffic collision. The motorist will expect an Operator to initiate the request for proper emergency and police assistance. Knowledge of proper procedures will enable an Operator to handle a collision scene calmly and efficiently. 7. The Operator shall not refer any motorist to any garage, private tow service, service station or mechanic. The referral to, or recommendation of, any private business shall result in immediate disqualification of the Operator from the FSP program and may jeopardize his employer’s Contract. 8. The Operator shall not refer any collision victim to any legal service or medical facility. 2-1 CHAPTER 2 PROFESSIONALISM 9. The Freeway Service Patrol provides services to the public free of charge. The entire program is paid by public funds and no tips or any other gratuities of any kind shall be accepted. B. UNIFORM REQUIREMENTS 1. For public identification purposes, the Operator shall wear an authorized uniform at all times during FSP hours. Failure to meet uniform standards may result in the Operator being taken out of service and the Contractor being fined. Continued violations of the uniform requirements may result in the permanent dismissal of the Operator from the FSP program. 2. An Operator shall not wear the FSP uniform at any time other than while working for the FSP. In no event shall an Operator wear the FSP uniform while performing a commercial tow job outside the FSP program. 3. The Contractor shall supply each Operator with uniforms. The uniform shall either be a navy blue jumpsuit or navy blue shirt and pants. Reflective material may be sewed onto the uniform. Rain gear shall fit the individual Operator so as not to restrict his ability to move freely and must meet the FSP design requirements 4. The uniform shall meet the following criteria: a. Jump Suit - Jump suits shall be made of a rip-stop type material with a pleataction back, and a shape holding waist band with elastic inserts for trim fit. Zippers must be constructed of heavy duty brass with a two-way zip front. Long sleeves may have plain barrel cuff or be equipped with snap or button closure on wrists. Short sleeves shall be approximately one inch above the inside forearm, when the wearer’s arm is bent at a 90 degree angle. For safety reasons, legs shall be moderately tapered and not baggy. Uniforms shall not be worn unzipped. b. Shirt and Pants - Shirts shall be made of a rip-stop type material with a pleat-action back. Long sleeves may have plain barrel cuff or be equipped with snap or button closure on wrists. Short sleeves shall be approximately one inch above the inside forearm, when the wearer’s arm is bent at a 90 degree angle. For safety reasons, legs shall be moderately tapered and not baggy. Uniform shirts shall not be worn unbuttoned and shall be tucked into the pants. c. Safety Vest – A safety vest shall be worn over the blue uniform at all times during FSP operations. The vest shall be a standard ANSI class 3 safety vest in accordance with the California Code of Regulations, Title 8, Section 1598. Additionally, the small FSP logo patch shall be attached to the left front pocket area of the vest. For safety reasons and to present a neat 2-2 CHAPTER 2 d. e. f. g. h. PROFESSIONALISM appearance, vests shall be buttoned or zipped at all times during FSP operations. An Operator may wear a long or short sleeved navy blue or white turtleneck, T-shirt or sweatshirt underneath his long or short sleeve uniform shirts, If a short sleeve shirt is worn, a short sleeve tee shirt must be worn (no “baseball” sleeves). Only navy blue or white colors are allowed for shirts worn underneath uniform shirts. Undershirts that were once navy blue or white but have become excessively faded or soiled are not acceptable. A plain (no wording or design) navy blue jacket may be worn over the FSP uniform. The jacket must be waist length and fitted, not oversized. The FSP safety vest shall be worn over the plain blue jacket. An ANSI class 3 safety jacket may also be worn. The FSP safety vest shall be worn over the jacket if the jacket is plain. Otherwise, the jacket shall meet the requirements of the FSP safety vest An Operator shall wear black general duty leather steel-toed or ceramic-toed boots that have an adequate amount of sole (tread) to ensure a sure grip on slippery surfaces. Boots shall be maintained in good condition. Boots shall be tied and the laces may not hang onto the ground. Rubber steel-toed boots will be allowed as an option during inclement weather. No other footwear is acceptable. Shirts or jumpsuits shall have one or two chest pockets. Single pocket shirts or jumpsuits shall have the chest pocket placed on the left. Accessories: i. FSP Identification Card – An FSP Identification card shall either be prominently displayed in the Operator’s truck or be worn on the Operator’s uniform with the photograph side clearly visible to the public. ii. Name Tag – The first initial and full last name shall be embroidered above the right chest pocket area of the FSP safety vest or jacket. Letters shall be between one-half and one inch in height. A detachable metal or plastic name plate may be worn in place of the embroidered name at the contractor’s option. Employees who have yet to have their name embroidered on their vest shall wear their laminated FSP ID card so it is clearly visible to the public. iii. FSP Patches –The small FSP logo shall be sewn above the left front pocket of the FSP safety vest or FSP safety jacket. iv. Rain Gear - During inclement weather, rain gear may be worn. For safety reasons, the rain gear shall be yellow with reflective tape on the jacket. If ANSI class 3 safety raingear is worn, in accordance with the California Code of Regulations, Title 8, Section 1598, the FSP vest need not be worn. 2-3 CHAPTER 2 PROFESSIONALISM v. Hats - Hardhats or baseball caps are the only type of hats allowed. Hats are optional. FSP baseball caps are to be worn with the logo/bill facing forward. During inclement weather, a navy blue or yellow safety beanie/knit cap may be worn. All caps must be plain or approved by CHP prior to wearing. vi. Gloves – For safety reasons, work gloves shall be used when servicing vehicles. vii. Reflective tape – Reflective tape may be applied to both sleeve and leg cuffs and across the upper back. 5. Drivers shall start each day with a clean uniform. Examples of uniform violations include but not limited to; torn uniforms, torn/missing patches, non-steel-toed boots, improper placement of patches, unapproved hat, wrong color t-shirt, or excessive fading or wear. C. GROOMING AND PERSONAL APPEARANCE STANDARD 1. Grooming - Operators shall maintain a well-groomed appearance at all times and shall be clean at the beginning of each shift. Failure to meet the grooming standards may result in an Operator being taken out of service and the Contractor fined. This includes both personal hygiene and uniform appearance and condition. Offensive odors, whether they are body odors or others, (such as fuel odors) may be offensive to motorists. Operators will be clean shaven or present neatly trimmed beards and/or mustaches. Hair will be clean and neat. If hair is long, it shall be worn pulled back in a ponytail. Fingernails shall be kept short. 2. Tattoos - In order to ensure a professional appearance for all FSP Operators, all tattoos that are potentially offensive or disturbing to motorists must be concealed by Operators while working during FSP hours. For example, any tattoo that is satanic, racist, threatening, gang related or sexually explicit will be deemed potentially offensive or disturbing to motorists. All FSP Operators will be required to conceal any tattoos of this nature with gloves, collars, long sleeves, or by other means acceptable to FSP Management. Facial tattoos of any variety are not permitted. If there are any questions regarding which tattoos are potentially offensive, clarification/authorization may be obtained by contacting FSP Management. 2-4 CHAPTER 2 PROFESSIONALISM D. THE OCCURRENCE OF CRIMINAL CONDUCT ON/OFF DUTY 1. Consistent with the established standards of initial employment, off-duty Contractors/Operator who are arrested for a crime, which would otherwise preclude their qualification in the FSP Program, will be immediately suspended pending the outcome of their criminal case. This directive is consistent with California Vehicle Code -- Section 2430.3 Arrest or Conviction Notification -- and -- Section 13377(a) Denial or Revocation of a Tow Truck Certificate (DL64). Should a conviction occur, or there is sufficient probable cause for FSP Management to believe that the crime was committed by the Contractor/Operator, even though it resulted in a lesser conviction or no conviction, the Contractor/Operator shall immediately be disqualified from participation in the Program. 2. The following is a list of crimes that will permanently preclude an individual from serving as a Contractor/Operator: a. Assault with the intent to commit mayhem, rape, sodomy or oral copulation. b. Penal Code Section 261 or 264.1: Rape, or Aiding and abetting a Rape. c. Penal Code Section 267: Abducting person under 18 for prostitution. d. Penal Code Section 288: Lewd act with a child. e. Penal Code Section 289: Sexual Assault. f. Any felony or combination of three misdemeanors that are crimes of violence as set forth in subparagraph (B) of paragraph (2) of subdivision (a) of Section 5164 of the Public Resources Code. 3. Revocation of Driving Privilege - In addition to the preceding crimes, an Operator’s tow certificate (DL64) shall be revoked if the individual’s driving privilege has been suspended or revoked. The most common reasons for such a suspension may relate to an arrest for driving under the influence, failing to appear in court, failing to report involvement in a traffic collision, or being deemed a “negligent” driver by DMV. The affected individual may reapply for the tow certificate whenever the driving offenses/penalties are resolved or the applicable felony or the misdemeanor conviction is either reversed or dismissed. 2-5 CHAPTER 3 OPERATOR DUTIES AND RESPONSIBILITIES CHAPTER 3 OPERATOR DUTIES AND RESPONSIBILITIES An Operator is expected to provide service to the motoring public only within the scope of his duties. The Operator is to refrain from any activities that exceed the scope of the program. A. LIABILITY An Operator can be held civilly liable if he performs any acts that are outside the scope of his duties or employment, and may also be held liable for failing or neglecting to act as is required by these policies and procedures. B. NO PEACE OFFICER POWERS 1. A FSP Operator has no peace officer powers. An Operator’s duty is to patrol freeways to relieve congestion, not police them. An Operator should be a good witness and should avoid personal involvement in disputes and criminal actions, including pursuits or apprehensions of suspected violators. Should an Operator become injured, or cause damage or injury to other persons or property while acting outside the scope of his duties and employment, the Operator may be held personally liable to remedy the damage or injury. 2. An Operator witnessing or having knowledge of any significant criminal activity or suspected intoxicated motorists shall immediately notify Dispatch or CHP field personnel. Observations of minor traffic infractions need not be reported. Examples of minor infractions are vehicles that are speeding, passing on the shoulder in congested traffic, following too closely etc. Good judgment must always be utilized. If an extremely hazardous condition exists or a crime of a serious nature has occurred, an Operator should report it to CHP Dispatch so that the proper authorities may be notified. 3. An FSP Operator shall not perform any of the following: a. Initiate or participate in a vehicle pursuit b. Run a traffic break (this includes slowing down a traffic lane) c. Perform traffic control after CHP arrives on scene of an incident unless directed to do so by a CHP Officer d. Detain a motorist for a traffic-related offense e. Request a driver’s license from a motorist at a collision scene or hold said license 3-1 CHAPTER 3 OPERATOR DUTIES AND RESPONSIBILITIES f. Request insurance information from a motorist at a collision scene or hold said information g. Facilitate the exchange of information at a collision scene h. Ask what happened at a collision scene i. Offer legal advice at a collision scene j. Discuss the collision with involved persons at a collision scene k. Decide fault at a collision scene l. Take any type of enforcement action against a member of the public m. Interrogate/question any person regarding matters that might concern violations of law n. Drive in any negligent or unlawful manner C. NOTIFYING DISPATCH 1. An Operator shall immediately advise Dispatch of any criminal activity encountered or observed and shall not stop at the location. 2. After reporting a possible intoxicated motorist, physical altercation or illegal activity, whether moving or stationary, etc., an Operator is to go 10-98. 3. Failure to advise Dispatch that an assignment is complete (10-98) will result in a disciplinary action. 4. Citizen arrest actions are strongly discouraged in the FSP Program. An Operator is to notify CHP of any situation warranting action outside the scope of FSP employment. 5. Do not become involved. An Operator is not trained or equipped to handle these types of situations. D. USE OF AM/FM RADIO An Operator shall turn off any public radio station, tapes, cd’s and any other music or audio device while in tow or during a FSP transmission to dispatch. E. SLEEPING WHILE IN OR AROUND A FSP SERVICE VEHICLE A FSP Operator shall not sleep while on duty or in a service vehicle displaying the FSP logo, whether on duty or not. Sleeping is prohibited at any time during a shift, including breaks. If an Operator is fatigued to the point of needing sleep during his work shift, he should not be working on the roadways. An Operator found sleeping while on duty will immediately be placed out of service and further discipline will follow. For the purpose of this section, sleeping is defined as actually sleeping or presenting the appearance that one is asleep. 3-2 CHAPTER 3 OPERATOR DUTIES AND RESPONSIBILITIES F. HONESTY AND TRUTHFULNESS It is imperative that each FSP Operator be honest and truthful regarding all aspects of FSP operations. An Operator shall provide truthful information to FSP Management and his Contractor whether it is through voice radio, in person, and/or by written document. Any violation of this will be handled on a case-by-case basis. G. BEAT LIMITS The beat limits are identified in Attachment A of this manual and must be adhered to. FSP Management understands that there will be times when it is necessary to drive beyond the beat limits, such as when an Operator observes a disabled motorist ahead, or when requested by Dispatch. However, as a general practice the FSP Operator shall not routinely patrol off his/her beat. H. PATROL RESPONSIBILITY FSP Operators shall patrol their beat continuously. Parking in one specific location waiting to be dispatched to an incident is a violation of policy. The success of the program depends on how quickly an incident is detected. A FSP Operator may encounter and complete a motorist assist even before receiving a radio call for that particular vehicle. I. FSP LOGO/PLACARDS Trucks shall display the appropriate FSP logo placards at all times while engaged in FSP operations. Trucks without proper equipment, including placards, shall be removed from service. 1. In no event shall trucks display the FSP Logo outside FSP hours. At the end of the shift and as soon as possible, the driver shall remove the FSP placards, after exiting the freeway adjacent to their assigned beat. Drivers shall not respond to a call displaying FSP placards outside of FSP hours. J. PATROL PERIOD/SHIFT All trucks assigned to a beat shall be on the beat at the shift start time and remain on the beat until the shift end time. Operators are not allowed to leave their shop or residence at the shift start time or arrive at his shop at the shift end time. Operators will wait for dispatch to initiate the roll call to go 10-8 at the beginning of the shift and 10-10 at the end of the shift. During the last 30 minutes of the shift, the Operator shall not focus his patrol efforts adjacent to the freeway exit he normally takes for 3-3 CHAPTER 3 OPERATOR DUTIES AND RESPONSIBILITIES travel back to the shop. The Operator shall continuously patrol his entire beat until the end of the shift. K. DRIVING ON THE SHOULDER OR HOV (CARPOOL) LANE 1. FSP Operators are not exempt from traffic laws. Driving on the shoulder, center median and/or high occupancy vehicle lanes (HOV) is normally not allowed. Operators shall obtain permission from FSP management or beat Officer to use either the shoulder, center median or HOV lane. If permission is granted, Operators may use the shoulder or center median at a speed no greater than 15 mph. 2. Operators will be allowed to access HOV under certain conditions in order to render assistance to disabled vehicles or to remove traffic hazards. An Operator may use the HOV lane during the following situations only: a. When requested to do so by CHP. b. When in route to a collision or other incident and the Operator’s arrival time will be extended due to the high traffic volume (only after authorization is obtained through Dispatch). c. When responding for traffic hazards or traffic collisions that are within the HOV lane or center median. 3. The aforementioned only applies during hours of FSP operation, and does not apply to the HOV lane on a freeway on-ramp, unless actually providing service on the on-ramp. L. PATROLLING TRANSITION ROADS The responsibility to patrol transition roads falls upon the FSP Operator who is assigned a beat which includes a transition road. Turn around points for all transitions roads are the next off ramp following the end of the transition road. M. OVERTIME 1. An Operator is required to handle all calls assigned to him that are received prior to the end of shift, even if that means working past the end of shift. Overtime is used for the completion of an ongoing incident or as directed by Dispatch or FSP Management. The Operator is required to request and receive authorization from Dispatch for the overtime. 2. The Operator shall document on the reverse side of the motorist service form, the log number of the incident he was working if using paper forms. The Operator shall input the assist as an overtime assist in the Sac Metro FSP application if using an electronic device. In addition, the Operator must provide Dispatch the 3-4 CHAPTER 3 OPERATOR DUTIES AND RESPONSIBILITIES motorist assist docket number for the overtime incident and the number of overtime blocks (15 minute increments) requested. Only the amount of overtime authorized by Dispatch and properly documented will be paid. FSP Operators are not to search for incidents while on overtime. N. SECONDARY TOW FSP Operators may not provide secondary towing to any motorist, when the motorist had prior contact with that specific Operator. The contractor must dispatch a separate truck. An example of the above: A FSP Operator tows a motorist to a drop location at the end of the FSP shift and the motorist requests a rotation tow. If the CHP Dispatch Center contacts the FSP Operator’s company to handle the incident, that Operator shall not handle that specific call and shall request for another driver and tow truck. O. TEN MINUTE MOBILIZATION PERIOD An Operator shall not spend more than ten minutes attempting to mobilize a vehicle. If the necessary service takes longer, the Operator shall tow the vehicle off the freeway to an approved drop location. P. BREAKS 1. All FSP Operators are allowed one fifteen minute break during their shift. Operators shall not take a break during the first hour of the shift, and all breaks shall be completed before the last half-hour of the shift. Due to the limited number of Operators, and to ensure public service, Operators working adjacent beats shall not take breaks at the same time. FSP Operators shall coordinate breaks with their beat partners so that their breaks do not overlap. Each break begins once the Operator leaves the freeway and ends when the Operator reenters the same beat. Operators shall advise they are 10-7 and give their location at the start of their break. If the Operator is using an electronic device for assist entry, he shall hit the “Break” button on the application at the start of his break. Operators shall advise they are 10-8 at the conclusion of the break. 2. All breaks shall be taken off the freeway and directly adjacent to the assigned beat, but not at a residence. 3. A restroom break, outside of the regular 15 minute break, is allowed only when necessary and should not exceed 10 minutes. If an Operator has to take a restroom break, the Operator shall do so at a service station or other facility having a public restroom, directly adjacent to the freeway, and complete the break as quickly as possible. An Operator shall not loiter at that location or use the break to purchase food or beverages. In no instance shall two trucks be at 3-5 CHAPTER 3 OPERATOR DUTIES AND RESPONSIBILITIES the same location at the same time on a restroom break. Abuse of restroom breaks will be handled on a case-by-case basis. Q. OPERATOR BECOMES SICK OR UNABLE TO WORK If, during a shift, an Operator becomes sick and feels unable to return to the beat, that Operator shall immediately notify a David unit, the contractor and Dispatch so a back-up Operator can be sent as a replacement. R. MORE THAN ONE OPERATOR AT A SCENE Policy prohibits more than one FSP truck at the scene of an incident unless requested by Dispatch or an Officer. If an Operator has safety concerns (e.g. narrow shoulder), the Operator may advise Dispatch and request another unit. The assisting Operator should not merely park behind the other unit. He should stand in the safest possible place where he can observe traffic and warn the primary Operator of any danger and if needed, direct oncoming motorists further away from the scene. S. REFERRALS/SECONDARY TOWING Referrals to commercial tow companies, automotive repair facilities (including themselves), or providing secondary tow services, are not allowed. When asked by a member of the public for a referral, the correct procedure for an Operator is to politely explain that referrals to other businesses are prohibited, and to direct their attention to the nearest telephone book. T. TIPS/GRATUITIES 1. The acceptance of tips or gratuities is strictly prohibited. If a motorist offers an Operator a tip, the Operator shall inform the motorist that he is not allowed to accept tips. The Operator may further advise the motorist that while the gesture is certainly appreciated, the motorist can reward him by sending in the survey form with a positive comment about the Operator and the FSP program. 2. Should an Operator encounter a situation where a motorist strongly insists that the tip be accepted or the tip is discovered after the motorist has departed, the Operator shall use the following procedure: a. Immediately notify FSP management of the gratuity. b. Document the tip on the motorist assist form or notes section in the application. c. Turn the tip into FSP management as soon as practical. 3-6 CHAPTER 3 OPERATOR DUTIES AND RESPONSIBILITIES U. DRIVER LICENSE, TOW TRUCK DRIVER CERTIFICATE, FSP ID CARD, MEDICAL CERTIFICATE, AND LOG BOOK REQUIREMENTS An Operator is required to be in possession of a current valid California Driver’s License (DL), Tow Truck Driver’s Certificate (DL64), FSP identification card, medical certificate, and per Title 49, Code of Federal Regulations 395, a record of duty status (log book). If an Operator’s DL, DL64, or medical certificate is expired, the Operator shall immediately be placed out of service. The Operator will not be allowed to resume FSP duties until the deficient items are made current. If the DL, DL64, medical certificate, or the FSP identification card is mutilated, it is the responsibility of the Operator to obtain a replacement document within 10 calendar days. V. RIDE-ALONGS 1. All FSP contractors shall receive permission from the FSP supervisor to have a ride-along with one of their drivers during the FSP shift. Only prospective FSP drivers will be allowed to do a ride-along. If the contractor fails to receive permission, that truck will be placed out of service until the ride-along is dropped off and the truck has returned to its assigned beat. 2. All FSP Operators who successfully complete the proficiency tests and class room training will be required to do a minimum of two ride-alongs with an experienced FSP Operator. The goal is to provide the FSP Operator Trainee field experience relating to daily operations of the FSP. 3. Dispatch shall be advised of any ride-alongs in FSP service vehicles at the start of each shift. W. WEAPONS No firearms or illegal weapons of any type may be carried in the service vehicle or on the Operator’s person. Any and all applicable laws related to the carrying or transportation of illegal weapons will be enforced. X. REPEAT CUSTOMERS Though rare, a FSP Operator may encounter a motorist whom he suspects is a “repeat customer.” A repeat customer is a motorist whom the Operator has reason to believe is abusing the FSP program by falsely advising the Operator their vehicle is out of gas. When an Operator suspects he has stopped for a repeat customer, he may ask if the motorist has used the service before. However, he shall not confront the motorist or refuse to provide assistance. The Operator should obtain the license 3-7 CHAPTER 3 OPERATOR DUTIES AND RESPONSIBILITIES plate number (as required for proper documentation) and a description of the motorist and forward the information to FSP Management for investigation. Though assisting a repeat customer may be frustrating to the Operator, he must remember the potential for liability and bad publicity to which the FSP Program could be exposed by confronting the motorist or refusing to provide service. Y. INTERACTION WITH EMERGENCY ROADSIDE ASSISTANCE PROVIDERS When a FSP Operator contacts the occupant of a disabled vehicle, he should take the time to determine if the occupant has already contacted a private emergency roadside service such as AAA. If they have already called AAA, the Operator should inquire if the occupant knows the estimated time of their arrival. Because the aim of the FSP program is to get motorists off the freeway and on their way as soon as possible, the Operator shall recommend that for their safety they accept FSP service. If the motorist declines FSP service, the Operator shall suggest that the motorist at least allow FSP to move their vehicle off the freeway, where they can more safely wait for AAA. If the motorist declines, the Operator shall advise Dispatch. If the motorist accepts FSP service, the Operator shall have either the motorist or Dispatch call AAA and advise them they are no longer needed or will be rerouted. This policy will help to ensure a better relationship with AAA service providers and prevent them from responding unnecessarily. If an AAA service provider arrives on scene and insists he or she provide the service rather than FSP, the Operator shall continue conducting himself in a professional manner and never insist that FSP provides the service. The Operator shall inform the motorist that the roadside assistance they summoned has arrived and will be performing the service they requested. 3-8 CHAPTER 4 OPERATIONAL SITUATIONS AND POLICY CHAPTER 4 OPERATIONAL SITUATIONS AND POLICY This section covers how to handle special operational situations and circumstances that may occur in the course of FSP service. Of course, every possible situation cannot be covered in this manual. Good common sense and judgment should always be used. A. INTERACTION WITH PEACE OFFICERS 1. AN OPERATOR MUST OBEY ALL LAWFUL PEACE OFFICER ORDERS. If a Peace Officer (Any sworn member of a Law Enforcement Agency as defined in the California Penal Code) orders an Operator to complete a task, the Operator shall comply with the lawful order without complaint; obeying the lawful order takes precedence over policies listed in this document. 2. If the request seems unreasonable, the Operator shall contact FSP management. B. MOTORIST CONTACT 1. Upon initial contact with a disabled motorist, the driver should identify himself as a member of the Freeway Service Patrol. The driver shall provide a brief description of the program, explaining that it is a free service, for their safety, and designed to relieve traffic congestion. If a motorist speaks a foreign language, the Operator should utilize the foreign language introductory card. The motorist should then be given a FSP brochure, a survey card, and asked to complete the online motorist survey form. Explain to the motorist that the completion of the online form helps to evaluate the success of the FSP program. Foreign language cards shall be carried by all Operators. 2. FSP Operators should encourage all motorists to use the FSP service; however, citizens are not required to accept service. Be professional and courteous at all times. Notify Dispatch immediately if a motorist refuses service. If an unusual incident occurs, an Operator shall notify FSP management. FSP Operators are required to provide information regarding freeway safety to all stranded motorists. 3. Upon completion of a motorist contact on the freeway, the FSP Operator shall instruct the motorist how to safely re-enter the lanes of traffic. While each Operator’s instructions may vary, the following statement is suggested: “Build up your speed on the shoulder/center divider, put your turn signal on, and merge over when it’s safe to do so.” 4-1 CHAPTER 4 OPERATIONAL SITUATIONS AND POLICY 4. Attempt minor repairs to the vehicle, if possible. If a vehicle cannot be repaired within 10 minutes, inform the motorist that the vehicle can be towed to a designated drop location where he or she can summon additional assistance. (e.g., AAA tow, phone call to a repairman, rotation tow, taxi). Operators will explain to the motorist that removal from the freeway is for their safety and to prevent congestion. 5. When towing a vehicle, inform the motorist of the drop location where the vehicle will be parked. If any motorist requests towing to another site, the Operator should contact FSP Dispatch and request additional service. FSP Operators can only summon AAA or a rotation tow. Vehicles shall not be towed to any private facilities unless approved by a CHP David unit. The motorist shall call for any other service requested. Do not leave a motorist stranded at a drop location without services and/or a phone. You may transport the motorist (not the vehicle) to the nearest phone at an open establishment where business is conducted. However, motorists should not be transported back to their vehicle. 6. Employ common sense when leaving motorists at locations off the freeway. Motorist safety comes first!!! Operators can stand by with the motorist until further assistance arrives. CHP can be contacted if a motorist is uncomfortable about being left alone at a drop location. C. DISABLED VEHICLES THAT ARE OCCUPIED An Operator approaching a disabled vehicle, whether in the traffic lane, center median or on the right shoulder, shall stop behind the disabled vehicle. The only exception to this rule is if an Operator has knowledge the vehicle will require a tow or stopping behind the vehicle is physically impossible or unsafe. 1. Disabled Vehicle in a Traffic Lane An Operator encountering a disabled vehicle in the traffic lane shall immediately determine the safest way to approach the situation rather than unduly risking a collision or injury to remove the vehicle in a timely manner. Depending on visibility and the speed of traffic, the Operator shall consider two options: a. If visibility is good and traffic is moving slowly, the Operator shall hook up the vehicle and tow it to the closest authorized drop point where any necessary service can be completed. b. If visibility is poor and/or traffic is moving too fast, the Operator should position his truck on the right shoulder behind the location of the disabled motorist and request a “traffic break” by a CHP Officer through to Dispatch. Under no circumstances is an Operator allowed to perform a traffic break! Once a traffic break is accomplished, the disabled vehicle shall be removed by towing it, as expediently and as safely as possible. With regard to 4-2 CHAPTER 4 OPERATIONAL SITUATIONS AND POLICY speed and visibility, it is up to the Operator to make the proper decision as to which option should be employed. c. Amber warning lights and four way flashers shall be activated whenever a disabled vehicle or FSP service vehicle is stopped in a traffic lane or partially in a traffic lane. d. Flares or cones shall be utilized if conditions warrant. 2. Disabled Vehicle on the Right Shoulder While servicing vehicles on the right shoulder is considerably safer than within traffic lanes, danger still exists. The following explains how this condition is to be handled: a. An Operator shall look out for the safety of both the motorist and himself. The motorist should be directed to sit in the right front seat of the tow truck (with their seatbelt on) or other place of safety. At no time is an Operator allowed to direct the motorist to stand or walk between vehicles. b. Amber warning lights shall be off and four way flashers shall be on when a FSP service vehicle is parked on the right shoulder. c. Front tires should be turned toward traffic. 3. Disabled Vehicles in the Center Median A vehicle which becomes disabled within the center median (center divide) is faced with additional problems, as it is often restricted to a smaller area with little or no room for escape, and where call boxes are not located. As a result, a motorist stranded in the center median might be tempted to run across the freeway lanes to get to a telephone or call box. After encountering a disabled vehicle in the center median, an Operator shall never leave the motorist, even if they refuse service. The Operator shall notify Dispatch and request the CHP to respond. Once CHP arrives at the scene, the Operator may then leave if no longer needed. If the motorist already has help in route, at the very least, the vehicle should be moved to the right shoulder. If possible, the disabled vehicle should be moved to the drop location. The Operator should inform the motorist of drop locations which will enable him/her to be placed out of danger from oncoming traffic. In addition, an Operator shall also advise Dispatch of the drop location to where the motorist has been taken. 4. Vehicles in Other Dangerous Locations In addition to the center median, an Operator shall never leave a motorist in a gore point, within a traffic lane, partially within a lane, on a narrow shoulder, or any other location that would hinder a motorist’s ability to safely enter and exit his/her vehicle. Failure to adhere to this policy could make the Operator liable for any subsequent damage or injury the motorist sustains. 4-3 CHAPTER 4 OPERATIONAL SITUATIONS AND POLICY 5. Passing of Disabled Vehicles An Operator shall not pass a disabled vehicle while on patrol unless already dispatched to a separate, more urgent call. For example: an Operator who is dispatched to a call of a vehicle blocking a lane may pass a disabled vehicle parked on the right shoulder. However, if an Operator observes a disabled vehicle while in route to another call, he shall notify Dispatch so a second truck can respond. D. ABANDONED VEHICLE PROCEDURES 1. Vehicles in a traffic lane. a. Authorization to tow an abandoned vehicle from a traffic lane must first be obtained from a CHP Officer or from Dispatch. An Operator encountering an abandoned vehicle within a lane shall request Dispatch to contact a CHP Officer for permission to remove it. If traffic is moving slowly, the Operator shall position his truck in a safe location behind the abandoned vehicle. If traffic is moving fast, the Operator should pull to the right shoulder “upstream” from the disabled vehicle and wait for CHP. The CHP Officer can direct the Operator to tow the vehicle to the right shoulder or off of the freeway. The CHP Officer will be responsible to request, for storage purposes, a rotation beat tow to remove the abandoned vehicle. The Operator may not store a vehicle in this instance or in any other situation while on FSP duty. b. If after five minutes the dispatcher is unable to obtain permission, and it is safe to do so, the Operator may remove an abandoned vehicle from a traffic lane to the right shoulder. Dispatch must be advised of the removal. The Operator shall wait on the right shoulder for an Officer to take possession of the vehicle. c. An Operator who receives authorization to remove an abandoned vehicle from a traffic lane shall coordinate with Dispatch the location where the vehicle will be taken to. The Operator shall wait at this location until relieved by a CHP Officer. 2. Vehicles not in a traffic lane. a. An Operator is required to stop for abandoned vehicles parked on the right shoulder only when a CHP422 tag (yellow in color) cannot be seen. When stopping for an abandoned vehicle, the Operator shall leave a green Vehicle Check/Parking Warning sticker and a FSP brochure with the vehicle. The green sticker shall be placed in a visible location on the rear window and the brochure on the windshield. For Operator safety, both of these documents should be placed on the off-traffic side of the vehicle. If a motorist returns to a 4-4 CHAPTER 4 OPERATIONAL SITUATIONS AND POLICY vehicle with a green tag on it, the Operator should stop to see if additional assistance is needed. b. Abandoned vehicles not in a traffic lane, but which the Operator determines to be in an unsafe location shall advise Dispatch. c. An Operator observing an abandoned vehicle located in a center median (center divide) shall not stop for the vehicle. E. TRAFFIC COLLISIONS 1. When responding to the scene of a traffic collision, Operators shall adhere to all traffic laws and regulations. Operators shall not exceed the speed limit while responding to a collision scene. Operators are not exempt from traffic laws. Driving on the shoulder and HOV lane must be approved by the CHP (follow guidelines in Chapter 3 Section K). Operators shall never drive with their truck’s emergency lights on. Tow trucks may only display flashing amber warning lights while providing service to a disabled vehicle (25253 VC) in a hazardous location. 2. The FSP driver will often be the first to arrive at the scene of a vehicle collision. An Operator should adhere to the following guidelines when at the scene of a traffic collision. Every situation will be different. This is only a guideline. Use your best judgment in each circumstance and remain calm. a. While approaching the scene and still in your truck, advise Dispatch of location, type of collision, and if lanes are blocked. Do not enter a situation that is out of control. If you need assistance due to any unsafe situation (speed of approaching vehicles, roadway design, visual obstructions, lighting conditions, etc.), advise Dispatch and do not enter the scene until the situation has been stabilized. b. If lanes are blocked, secure the scene by activating the truck's amber warning lights and use cones or flares, if warranted. Decide whether to park in front of the damaged vehicles or behind the collision scene. (This will depend upon several factors including: whether parties are in the roadway, amount of congestion, speed of passing traffic, location of collision, etc.) USE GOOD JUDGMENT-YOUR OWN SAFETY AND THE PUBLIC'S SAFETY IS MOST IMPORTANT. If no lanes are blocked, and it is safe to do so, park behind the involved vehicles with your amber warning lights off and four way flashers on. c. If injured persons are observed, immediately request Dispatch to roll 11-41 (ambulance/paramedics). Do not move an injured person unless his/her life is in imminent danger at their present location; e.g., in a burning vehicle. If injuries are suspected, ask involved persons if they would like to have an ambulance or paramedics called to the scene. Be alert and cautious with 4-5 CHAPTER 4 d. e. f. g. h. i. j. OPERATIONAL SITUATIONS AND POLICY individuals involved in a minor collision. They may appear uninjured, but can develop serious complications. When in doubt, call for medical personnel. Do not move any of the vehicles if anyone appears under the influence of alcohol, drugs, etc. or if the collision involves hazardous materials. Have involved parties and any witnesses wait away from the roadway and not in between the vehicles. Do not discuss any portion of the collision with the involved parties or determine who was at fault. Request CHP for a report. Do not ask involved parties if a report is needed or if they will exchange information. Operators are not authorized to solicit reports or the exchange of information. Do not facilitate the exchange of information. Follow the direction of the Officer at the scene and provide any towing or additional services required. Do not recommend any attorneys or medical practitioners to involved parties. Referrals of this nature will be grounds for dismissal from the program. 3. INJURY COLLISIONS Injury collisions are defined as any visible injury or complaint of pain no matter how minor. When a FSP Operator is the first at the scene of an injury collision, the following guidelines should be followed. a. Once the scene is secure, determine the extent of injuries, advise Dispatch, and request an 11-41 if one is not already responding. b. Do not move any of the involved vehicles or injured parties unless their life is imminent danger. c. Do not leave the scene prior to an Officer’s arrival. d. Update Dispatch if additional resources are needed or if injuries worsen. e. Maintain scene management until relieved by an Officer. 4. NON-INJURY COLLISIONS When an FSP Operator is the first at the scene of a non-injury collision, following guidelines should be followed. the a. Once the scene is secure, determine if any additional resources are needed and advise Dispatch. b. Attempt to clear vehicles to the right shoulder, only if the involved parties give their permission and there are no injuries. If one of the parties does not wish to move to the shoulder, Operators shall protect the scene. c. Do not cancel any CHP Officer responding to any collision. 4-6 CHAPTER 4 OPERATIONAL SITUATIONS AND POLICY d. Operators will not wait with the parties for CHP to respond to a non-injury collision that is on the right shoulder, does not need a tow, and the motorist is not in any danger. Provide Dispatch with the information and continue patrolling the beat. F. REMOVAL OF DEBRIS FROM THE ROADWAY 1. When Traffic Is Stopped a. Park the truck behind the debris. b. Activate emergency warning lights. c. If debris is in an adjacent lane or up ahead of tow truck and traffic is stopped, the Operator may remove it with caution, always keeping an eye on traffic. d. Place debris on shoulder or center divider area. e. Advise Dispatch of the location of debris (Dispatch knows who to notify to remove debris). f. Do not take debris home with you. This will result in a disciplinary action against the Operator. 2. When Traffic Is Moving a. Position the truck on the shoulder behind the debris allowing traffic to avoid the debris and tow truck. Use caution, always keep your eyes on traffic and be prepared to take evasive action. b. During evening hours, the Operator should illuminate the debris utilizing the tow truck spotlight, providing it can be done in a manner that will not interfere with traffic. c. Advise Dispatch of the location of the debris, including the affected traffic lane(s) and request a traffic break from the CHP. FSP Operators shall not run traffic breaks. d. When a traffic break is in place, move the debris to the right shoulder. DO NOT ASSUME BECAUSE CHP HAS RUN A TRAFFIC BREAK THAT THE ROADWAY IS CLEAR OF ALL TRAFFIC. Make sure the roadway is clear and stays clear the entire time you are removing the debris. e. Advise Dispatch of the location of the debris. 3. Live Animals When dealing with animals on the freeway, assume that all are dangerous and may bite. Leave the capture and removal of these animals to those who know how to deal with them. Simply advise Dispatch of the situation so they may request the proper agency and continue patrolling the beat. An Operator should not stand by with, detain, or put the stray animal or any animals in their FSP truck. 4-7 CHAPTER 4 OPERATIONAL SITUATIONS AND POLICY 4. Found Property during the FSP Shift a. Under no circumstances will Freeway Service Patrol Operators take possession of any articles found on the freeway. Leave articles on shoulder for Caltrans to retrieve. b. If any items of value are found (money, suitcases, wallets, etc.), have Dispatch request an "11-98" with a CHP David unit at the location of the found property. If a CHP David unit is not available, have Dispatch request a CHP beat unit to respond. Turn over the article to the Officer. G. HAZARDOUS MATERIALS 5. An Operator arriving at the scene of a hazardous material or “hazmat” spill or a potential hazmat spill is advised to stay as least 300' away from the substance; uphill, upwind, and upstream. If there is a substance leaking, liquid or powder, or if there are any flames, an Operator shall leave the area and should escort others nearby away from the scene. In addition, the Operator shall not step in or taste the unknown substance (what looks like sugar or salt could be Hydrochloric Acid). If you can smell it, see it on your clothing, or feel the effects of it, you have been contaminated. Advise Dispatch as soon as possible. When possible and safe to do so, contact the driver of the vehicle carrying the material and obtain a description of the material. Notify Dispatch immediately of the description of the material and any other pertinent information. In this type of situation, an Operator can never get too much information. Additionally, Dispatch shall be notified immediately and advised if the truck or vehicle carrying the unknown substance is equipped with any placards. If so, that information should be conveyed to Dispatch (e.g., label, color, sign describe the picture, numbers, etc.) a. Considerations at a HazMat Scene Hazardous material spills are common in the Sacramento area. Any unknown substance in any package (e.g. bags, boxes, or barrels), or in any form (liquid, gas, or solid), should be considered a hazardous material, and the above precautions shall be taken. An Operator should be extremely careful at collision scenes involving big rig trucks since these vehicles often carry hazardous materials. As such, the use of flares vs. cones should be carefully considered. Traffic cones should be used instead of flares if there is reason to believe that flammable materials might be present. Do not request Caltrans clean-up crews or hazardous materials teams; this will be the responsibility of the CHP Incident Commander. Once CHP arrives on scene, the Operator should go 10-98. Taking a hazardous material incident too lightly can be deadly. 4-8 CHAPTER 4 OPERATIONAL SITUATIONS AND POLICY H. PEDESTRIANS ON THE FREEWAY Operators are prohibited from contacting pedestrians on the freeway. Unless a pedestrian is clearly associated with a disabled vehicle, an Operator shall not make contact. If the pedestrian appears disoriented and is wandering dangerously close to the freeway lanes, the Operator is to immediately advise Dispatch of the location and general description of the pedestrian, and continue patrolling. FSP Operators do not have the authority to remove pedestrians from the freeway or take any type of enforcement action. 4-9 CHAPTER 5 SAFETY CHAPTER 5 SAFETY A. FOCUS ON SAFETY NOTE: THE MOST IMPORTANT ISSUE RELATING TO ALL ASPECTS OF THE FSP SERVICE IS SAFETY. Whether driving on the beat, or stopping to assist a disabled motorist, the Operator should always be thinking about safety. B. SAFETY OF THE MOTORIST Once an Operator comes into contact with a motorist, he is responsible for that motorist’s safety and well-being until the motorist is safely underway again or taken off the freeway to a designated drop point. Accordingly, an Operator needs to take charge of the situation and impart all appropriate safety instructions to the motorist. C. COMMON SAFETY RULES 1. Safety Rules That Should Be Followed At All Times Above all else, the primary objective of FSP Management is to ensure the safety of all Operators and the motorists they are assisting. Although expediting the movement of traffic is the ultimate goal of the FSP program, nothing is worth the injury or death of an Operator or motorist. To ensure the safety of all concerned, violating any of the following may result in a disciplinary action. a. Violating any law. b. Failure to use seat belts. c. Failure to properly use drag lights, two safety straps and two safety chains on a conventional wrecker or wheel lift. d. Failure to use 4 tie down points (independent of winch bridal chain) on flat bed tow truck. e. Walking, standing or working between the vehicles at any time (Operator or motorist). f. Walking, standing or working in a traffic lane when the lane is not closed (Operator or motorist). g. Turning back to traffic, unless looking over shoulder. h. Allowing motorist to roam around an unsafe area. i. Use of tow controls on traffic side. 5-1 CHAPTER 5 SAFETY j. Any other unsafe practice that can jeopardize the safety of the Operator or the motorist being assisted. k. Contacting motorist on the traffic side of the disabled vehicle. D. SAFETY POINTS 1. It has been proven over and over again that complacency is a killer when working on the freeways. For this reason, each Operator is strongly encouraged not to become overconfident or comfortable during his daily routine. An Operator should take the extra steps to be safe and remember the following: a. Whether driving or standing on the freeway, always have an escape route in mind. b. Request assistance whenever necessary (utilizing FSP Dispatch). c. Take time to do the job safely. E. FLARE/CONE PATTERNS 1. Flare and cone patterns should be used when a lane will be closed for an extended period of time. An Operator should always expect the unexpected. A flare or cone pattern does not guarantee one’s safety. Always watch oncoming traffic. By knowing the surroundings and having an escape route if needed, an Operator can better ensure his individual safety. 85% of disabling injuries that CHP Officers receive happen during the performance of traffic control duties. 2. Setting Up A Flare Pattern a. Assess the scene and determine which lane(s) is to be closed. b. Start away from the collision scene and work your way toward it. c. Determine if there is a fire danger before lighting flares. d. When lighting a flare, point it down and away from your body. e. Turn your face and eyes away. f. Keep flares away from your body by extending your arm. g. Keep the burning end pointed downward (the melting sulfur will burn your hand/arm). h. Place the lit flare down while keeping your eyes on traffic. Attach cap to NONLIT end of flare to keep it from rolling. i. No smoking. j. Avoid breathing toxic fumes from burning flares. k. While walking back to the collision scene do not turn your back on traffic. l. Place flares 20-25 feet apart from each other. m. Just because flares are laid out, do not rely on them to keep traffic from coming through. 5-2 CHAPTER 5 SAFETY n. Do not step on burning flares. o. Do not place flares on plastic striping or Bott’s dots. p. Flare patterns should be set to direct traffic to one side only. If at all possible, leave yourself an escape route. q. To extinguish the flare, pick it up from the unlit end and rub the burning end on the pavement. Do not throw flares or leave them burning unattended. 3. The use of traffic cones can also be an effective way to regulate traffic. There are a few instances where the application of traffic cones is required. Common sense on the part of the Operator still must be applied. Situations requiring the use of traffic cones generally are when the presence of a flame would deteriorate the situation. The following are examples of this condition: a. Gasoline/diesel is present at the scene of the collision (remember; gas and diesel do not mix well with water, consequently a hazard still exists during rain or fire department wash downs). b. Presence of another flammable substance. c. Presence of an explosive. d. Fire area; nearby dry brush could easily catch fire from a road flare. e. The placement of traffic cones is essentially the same as road flares. F. SAFE VEHICLE OPERATION 1. Space Cushion, Following Too Closely While driving, an Operator should allow for a proper space cushion between his truck and the vehicle ahead. When “in tow” an Operator should allow for a larger space cushion. 2. Blind Spots An Operator should identify his vehicle’s blind spots and should always use his mirrors, as well as looking over his shoulders before changing lanes. When stopping, backing or entering traffic, an Operator should also be aware of his surroundings. 3. Re-entering traffic from the shoulder or center median. An Operator must safely re-enter traffic from the shoulder. This can be accomplished by using the shoulder to build up speed, using the turn signal, and merging into traffic when it is safe to do so. 4. Inclement Weather a. An Operator should be aware of weather and its effect on vehicle operations. When it is raining or when the roadway is wet or icy, a vehicle’s stopping distance increases substantially, so an extra margin of safety is required. b. For the safety of FSP drivers, during periods of intense fog or excessively bad weather, the FSP Supervisor may instruct FSP drivers to exit the freeway and 5-3 CHAPTER 5 SAFETY park their vehicles until the fog lifts or the weather improves. Drivers will notify FSP Dispatch of their location and indicate that they are temporarily out of service, at the instruction of the FSP Supervisor, because of poor weather conditions. The drivers shall not resume their patrol until receiving the approval from FSP management. c. If, in an FSP driver's judgment, the weather or fog conditions are a safety concern, the driver shall notify FSP Dispatch of the conditions and indicate the location off of the freeway where he will be parked. Drivers will not resume their patrols until receiving the approval of the FSP Supervisor. d. The Contractor shall bill for the time drivers are out of service due to fog or excessively bad weather. G. SURFACE STREETS 1. Clearing Intersections When driving on city streets, an Operator should watch for dangers at intersections. To avoid a collision, an Operator should use the two-second rule when clearing an intersection; wait two seconds after the signal turns green, look left, right, and left again before proceeding. An Operator should also be alert for pedestrians who could suddenly walk or run into the path of their moving truck. 2. Safe Backing To ensure safe backing with a vehicle in tow, an Operator shall always use both mirrors as well as looking behind the tow truck to see that no potential hazards exist. This is especially important when pedestrians are in the area. H. PERSONAL SAFETY 1. Avoiding Collisions a. Avoiding traffic collisions is the responsibility of every member of the motoring public. Since the Operator logs several thousand miles per month assisting the public, it is imperative that an Operator employ defensive driving techniques to reduce the chance of collisions. First and foremost, an Operator should maintain a high visual horizon while patrolling their beat. This technique requires each Operator to keep his eyes up and look as far down the roadway as he can while driving. This enables the Operator to see problems on the roadway as far in advance as possible, allowing time to react safely. b. To avoid a traffic collision, an Operator must be alert and rested while driving his vehicle. Insufficient sleep reduces a driver’s reaction time. The driver’s reflexes become slowed and their decision-making ability is impaired. A driver 5-4 CHAPTER 5 SAFETY in this condition should not be operating a vehicle. A tired driver is a danger to himself and every person near him on the roadway. 2. On-Duty FSP Collisions Any FSP tow driver who is involved in a traffic collision while on duty shall immediately notify Dispatch of the collision and request an FSP supervisor. A collision report shall be completed by the appropriate CHP Area. For the purposes of this policy, a traffic collision shall include any event that results in damage or injury, no matter how minor. a. At the time of the collision, the tow Operator shall contact Dispatch, advising the details of the incident. The Operator shall not indicate 10-7 (out of service) while waiting for assistance to arrive. b. The Operator will not be docked for the time required to complete the collision investigation. After the investigation is completed the contractor has 45 minutes to replace the truck and/or driver if taken out of service. c. If any contact occurs between a service vehicle and another vehicle, a FSP supervisor or CHP Officer shall be requested to determine if a report is warranted. d. If a contractor becomes aware an FSP driver was involved in an on-duty traffic collision, the contractor shall contact an FSP supervisor. 3. Threats a. The vast majority of motorists encountered by an Operator express gratitude for the assistance provided. However, some individuals are ungrateful and/or expect more than the Operator is able to provide. Sometimes these individuals threaten the safety of an Operator when the Operator cannot comply with their demands. b. If an Operator encounters a motorist who makes threats against the Operator’s safety, the Operator should do the following: i. Tell the person, “Okay, let me see what I can do,” or “I’ll see if I can get permission.” Say anything to the individual that will allow you to get back into your truck. ii. Contact Dispatch immediately to report the incident. Give the dispatcher the location and a detailed description of the individual if possible, including vehicle description. The dispatcher will notify the CHP, who will respond to the scene. 5-5 CHAPTER 6 TOW PROCEDURES AND POLICIES CHAPTER 6 TOW PROCEDURES AND POLICIES A. HOOKING UP THE VEHICLE 1. Safety Chains - Use And Placement An Operator shall use two (2) safety chains regardless of the distance traveled. The only temporary exception to the two-safety chain rule is when an Operator is towing a vehicle from an extremely hazardous location such as a traffic lane. In this situation, the Operator may tow the vehicle to the nearest right shoulder or out of lane location where both safety chains can be attached. 2. Drag Lights An Operator shall use drag lights when a vehicle is being towed by wheel lift or wrecker regardless of the distance traveled. The only temporary exception to using drag lights is when an Operator is towing a vehicle from an extremely hazardous location such as a traffic lane. In this situation, the Operator shall tow the vehicle to the nearest right shoulder or out of lane location where the drag lights shall be placed on the towed vehicle. 3. Four Tie Down Points For A Flat Bed An Operator shall use four (4) tie down points for a vehicle being transported on a flatbed tow truck. These tie down points are independent of the winch bridal chain. The only temporary exception to this rule is when an Operator is towing a vehicle from an extremely hazardous location such as a traffic lane. In this situation, the Operator may tow the vehicle to the nearest right shoulder or place of safety with only one rear tie down chain and then attach the other three tie downs. 4. Placing The Vehicle In Neutral Prior To Towing An Operator must ensure that the towed vehicle’s transmission is placed in neutral and that the parking brake is released prior to lifting the vehicle off the ground. Failing to do this (including front wheel drive vehicles) may place unnecessary stress on the transmission and may cause damage. 5. Wheel Lift Straps Wheel lift straps are required at all times when using the wheel lift. B. TRAVELING WITH VEHICLE IN TOW 1. Avoid Excessive Speed and Over-Braking An Operator shall be aware of speed and braking capabilities before and after hook-ups and avoid unnecessary hard braking and steering while towing. Items 6-1 CHAPTER 6 TOW PROCEDURES AND POLICIES that are susceptible to becoming damaged by hard braking and steering include the disabled vehicle’s sway bar, C.V. boots, and tie rods. 2. Avoid Dragging of Safety Chains An Operator shall avoid the dragging or binding of safety chains. If a chain has been dragged and has the appearance of excessive wear, the CHP may put the truck out of service until the chain can be replaced. 3. Mobility Impaired Motorist For the purposes of this section, a mobility-impaired motorist is defined as an individual who has a long term and/or permanent physical disability, and is unable to walk under his/her own power. The following steps should be followed when an operator encounters a mobility-impaired motorist whose vehicle is in need of a tow. a. Ascertain what help, if any, may have already be underway to assist the motorist. b. If help is already in route, dispatch shall be notified of the situation and the operator shall stay with the motorist until help arrives. c. If the motorist has no help in route, the operator shall ascertain the motorist’s ability and using sound and good judgment, decide the best method for removing the motorist from the freeway. d. If the motorist can be moved, the operator shall safely move the motorist from his/her vehicle, and then tow the vehicle off the freeway. e. If the motorist is unable to be moved into the tow truck, a CHP beat unit or FSP management will be requested to respond to make a decision as to how to mitigate the incident. The operator shall not leave the scene until released by the CHP beat unit or dispatch. f. If the motorist is unable to be moved from their vehicle and all other resources have been exhausted, operators may tow the vehicle with the motorist inside with CHP approval. CHP will refer to Highway Patrol Manual 81.2 and General Order 100.45. C. PUSHING VEHICLES 1. Safety and Liability-Push/Don’t Push a. Pushing vehicles should be avoided if possible and should only be done if an Operator determines that pushing is appropriate. When pushing a vehicle, there are many safety and liability concerns along with many, possibly confusing instructions to give the motorist before pushing. An Operator may push when the vehicle is stalled in a lane and traffic speed is slow enough to safely push the vehicle. Push only to the right shoulder and not off the freeway. 6-2 CHAPTER 6 TOW PROCEDURES AND POLICIES b. An Operator may push a vehicle when directed to by a CHP Officer at the scene. c. Push disabled vehicles only. Unless requested by an Officer at the scene, no vehicles involved in a collision may be pushed. 2. When You Should Not Push a. When the disabled vehicle is on a downward slope. b. When a Motorist refuses to have their vehicle pushed. c. If the vehicle is not freewheeling, (e.g. flat tire, transmission locked, serious suspension problems, steering problems, etc.). d. When you are unable to communicate with the motorist of the disabled vehicle before and during pushing. e. When the vehicle bumper and the push bumpers do not line up. f. When the manufacturer recommends the vehicle not be pushed due to design of the car or bumper. g. For the purpose of “jump starting” a manual transmission vehicle. 3. Procedures for Pushing a. Identify the problem of the disabled vehicle and determine if the vehicle can be pushed. b. While pushing, you must be able to communicate with the driver using your truck’s public address system. c. Ascertain if the driver is capable of steering and braking the stalled vehicle. d. Assure bumper alignment and note any prior bumper damage. Notify motorist of pre-existing damage. (Record damage in the notes section.) e. Provide the following instructions to the driver of the stalled vehicle: i. Place ignition key in the “ON” position and make sure the steering wheel moves freely left and right. ii. Place transmission in neutral. iii. Release emergency brake. iv. Apply the service brake. v. Tell the driver to where he/she will be pushed. vi. Instruct the driver not to make any erratic or abrupt turns. vii. Do not have the driver try to start the vehicle by push starting or releasing the clutch while being pushed. viii. Tell the driver to avoid abrupt braking. ix. Have the driver use the rear-view mirror to watch for further instructions from the Operator. x. Have the driver release service brake after bumper-to-bumper contact is made, prior to pushing. xi. Advise the driver it will be more difficult than normal to stop and steer the vehicle with the engine off (no power brakes or power steering). 6-3 CHAPTER 6 TOW PROCEDURES AND POLICIES xii. Advise the motorist you will not maintain contact with their vehicle during sharp turns as pushing a turning vehicle increases the chance of damaging their vehicle. xiii. Instruct the driver to set the emergency brake and take the vehicle out of neutral when they get to the pre-determined location and the vehicle comes to a complete stop. f. Push the vehicle slowly to the pre-determined location. g. After pushing, re-inspect bumpers and note any damage in the notes section. Advise the driver of any damage noted and contact a David unit. D. OVERHEATED VEHICLES Operators may suffer serious burns attempting to service vehicles which have overheated. For safety reasons and potential vehicle damage, Operators shall not attempt to refill radiators. Operators should tow overheated vehicles to drop locations where the motorist can summon additional assistance. E. JUMP STARTS Jump-starting a dead battery can be dangerous and there are several precautions that should be taken. Only the Operator shall jump start the vehicle. The Operator is responsible for all aspects of the jump start. 6-4 CHAPTER 6 TOW PROCEDURES AND POLICIES 6-5 CHAPTER 6 TOW PROCEDURES AND POLICIES F. VEHICLE LOCKOUT PROCEDURES 1. Occasionally, a FSP Operator is asked to gain entry into a locked vehicle. This may occur either at a citizen’s request or at the order of a uniformed Officer. When a citizen requests an Operator to help them enter a locked vehicle, an Operator must use good judgment and common sense in determining whether the citizen has a right to enter that vehicle. Whenever an Operator is in doubt, he shall request an Officer to respond to help make the determination. 2. If an Operator does not feel they have the proper tools or training to enter a certain type of vehicle, he shall have a better-trained beat partner, rotation tow, or the motorists private assistance perform the lockout procedure. Prior to attempting to enter a vehicle, an Operator is required to observe and direct the motorist’s attention to the area(s) of the vehicle where lockout tools will be inserted. Any damage shall be pointed out to the motorist and recorded in the notes section. To gain entry, the Operator shall use the lockout tool(s) appropriate for the style of vehicle and lock mechanism. If done properly, the lockout procedure should cause negligible, if any damage to the vehicle. 3. After gaining entry into the vehicle, the Operator shall re-inspect the area(s) where the lockout tools were inserted. Any damage shall be shown to the motorist and recorded in the notes section. The Operator shall immediately notify FSP Management if any damage (or alleged damage) occurs. G. CAR FIRES 1. Safety Precautions At The Scene Of A Car Fire At times, an Operator may encounter a car fire. Since an Operator is not adequately trained to deal with car fires, he should not become involved trying to put one out. In addition, an Operator should be aware that smoke inhalation is a dangerous health hazard, so always park upwind. The Operator’s main objective should be to ensure the motorist’s safety as well as their own. An Operator should keep himself and the motorist away from fire. Dispatch should be promptly notified so the fire department can be summoned. 2. Engine Fires During an engine fire, opening the hood will only supply the fire with what it needs-oxygen. This, in turn can cause a flare-up. Therefore, an Operator shall never open the hood if there is smoke coming from the engine area! In addition, battery fires are very dangerous as they emit toxic fumes and can explode. 6-6 CHAPTER 6 TOW PROCEDURES AND POLICIES H. REPORTING VEHICLE DAMAGE 1. If any damage occurs while an Operator is servicing, towing or pushing a vehicle, he shall immediately report the damage to FSP Management, regardless of the extent of damage. In the event any damage occurs, the Operator shall first phone a CHP David Unit. If a CHP David Unit is unavailable, the FSP Operator shall notify CHP Dispatch for proper and timely documentation. Only then may the Operator notify his/her shift supervisor. The Operator causing the damage or alleged damage will be held accountable for any time lag in reporting vehicle damage. Broken lug nuts, dents and scratches, are all examples of damage. The Operator is also required to note such damage in the notes section, and who was notified. Vehicle damage includes damage to FSP vehicles. I. DROP LOCATIONS 1. Description Of Drop Locations A drop location is a specific on-street public parking area that has been designated by Caltrans and the CHP as an appropriate place to leave a disabled vehicle that has been removed from the freeway. A drop location is usually adjacent to the freeway and no farther than one and one half miles from the beat. A drop point should be in close proximity to services that are beneficial to the motoring public, e.g., telephone, service station, restaurant, 24-hour business, etc. 2. Where/When Not To Drop Vehicles An Operator is required to drop a towed vehicle off the freeway at a designated drop point. A drop location is usually adjacent to an off-ramp of the freeway that the beat covers. An Operator is strictly prohibited from dropping any vehicle inside a service station or inside any private parking facility. There are, however, three exceptions to dropping a vehicle at a non-designated drop location: a. When given permission by Dispatch. b. When given permission by FSP Management. c. When ordered by a CHP Officer to take the vehicle to another location other than a FSP drop point. 3. Looking Up Drop Locations Operators shall be in possession of the Sacramento FSP SOP attachment H, and should use the nearest drop location to the incident the Operator was working. Problems or suggestions regarding specific drop locations should be directed to FSP Management. 6-7 CHAPTER 6 TOW PROCEDURES AND POLICIES 4. At the Drop Locations a. Once at the drop location, the Operator shall suggest additional assistance (such as requesting a rotation tow, AAA, etc.) to the motorist. All calls for additional assistance shall be made either through Dispatch, or by the motorist via telephone. b. It is possible that the Operator may encounter changing conditions at a drop location which may compromise the safety of the motorist. It is the Operator’s responsibility to ensure the motorist’s safety at a drop location. If the motorist expresses he/she is fearful of the area where they are dropped or if in the Operator’s opinion, the present conditions are less than safe, the Operator should offer to wait with the motorist until assistance has arrived. In addition, if a drop location is absent of a telephone and/or shelter, it may be a good idea to transport the motorist, to a safer location. An Operator transporting motorists to a secondary drop location, or waiting with motorists until assistance arrives, shall immediately notify Dispatch. Above all else, an Operator shall use common sense to ensure the safety of any motorist being assisted. 5. Ensuring a Motorist Has Help In Route It is the Operator’s responsibility to ensure a motorist has help in route or has access to other services. If the motorist has a private tow company, friend or family member in route, the Operator should confirm that whoever is responding to assist has been advised of the drop location. In short, the Operator should confirm that the motorist is being attended to before returning to the beat. 6. Drop Locations Do’s And Don’ts a. Advise the motorist of any parking restrictions. b. Advise the motorist of the 72 hour parking limitation and place a green parking warning sticker on the rear windshield with the 22651 (k) VC box checked. c. An Operator shall use discretion when dropping a motorist in an area that, due to the time of day, may not be safe. When there is a question as to the motorist’s safety, the Operator shall make arrangements to transport motorists to a place of adequate shelter and safety. Dispatch shall be advised of the situation. d. Do not leave a vehicle where it is subject to a parking citation (e.g. red zone, fire hydrant, too far from curb, etc.) e. Designated drop locations are not always “safe” drop locations. Be aware of the motorist’s safety as well as your own. f. An Operator is only allowed to take the motorist to the nearest available drop location. The motorist shall not be transported from one end of the beat to the other for the motorist’s convenience. 6-8 CHAPTER 6 TOW PROCEDURES AND POLICIES g. An Operator is required to ensure the party being assisted accompanies him in the tow truck to the drop location. h. Operators should routinely check the drop locations they use to make sure vehicles (whether left there by FSP or not) are green-tagged. i. Operators shall notify FSP Management of any changes at their drop locations, e.g. the presence of abandoned vehicles, loss of services such as a gas station/convenience store, or new parking limitations. 6-9 CHAPTER 7 RADIO COMMUNICATIONS CHAPTER 7 RADIO COMMUNICATIONS A. RADIO COMMUNICATIONS EQUIPMENT FSP is a partner with the Sacramento Regional Radio Communication System (SRRCS) operating on an 800 MHz frequency. SRRCS is a group of public safety agencies including Sacramento Fire, Sacramento Police Department, Sacramento Sheriff’s and others in the Sacramento Metro area. All FSP trucks must be equipped with a properly functioning radio or back up radio. Any truck that does not have a properly functioning radio may not go in service. B. GENERAL RADIO PROCEDURES 1. An Operator should know his location at all times. This is not only important in an emergency situation, but is also important when requesting other services such as a rotation tow truck, fire department, ambulance, or the CHP. If unsure about precise location, an Operator should use a prominent landmark to assist Dispatch in determining the correct location. 2. Always remember that there are many Operators who will likely be using the radio at the same time. While it will be necessary to advise Dispatch of various details regarding incidents that occur, all radio transmissions should be clear, concise and follow the correct format. The following is the correct procedure to notify and receive acknowledgment from Dispatch. a. Pre-Alert i. Identify the party with whom you are attempting to contact (Example: “Sacramento”). ii. Identify yourself. (Example: “612-151”). iii. State subject matter you wish to discuss (Example: “11-83”). An example of a properly formatted pre-alert for unit 612-151 advising Dispatch of a collision with no further details would be as follows, “Sacramento, 612-151, 1183.” After pre-alerting Dispatch, an Operator shall wait for acknowledgment from Dispatch. Dispatch will acknowledge the Operator (by call-sign) and tell him to proceed with further instructions. For example 612-151, Sacramento, 11-83, go ahead. 7-1 CHAPTER 7 RADIO COMMUNICATIONS b. Location and Details i. The second part of a radio transmission is the location and details of the incident. In this example, the Operator would reply back to Dispatch, “Sacramento, 612-151, 1183, westbound 50 at Howe, #1 and #2 lanes are blocked with three vehicles.” Without a location or proper details, emergency response will be delayed. ii. Following this message, an Operator shall wait for acknowledgment from Dispatch that the details of the incident have been copied. (For example, “612-151, Sacramento Copies”). It is important that an Operator receive an acknowledgment from Dispatch as there are many trucks on the frequency and Dispatch may not have copied the Operator’s traffic. Dispatch will advise the Operator over the air after the proper notifications have been made (example: “612-151, Sacramento, 1039 to CHP”). c. Operators are required to notify Dispatch immediately whenever they initiate any public contact (11-26,11-82), remove debris, encounter a traffic hazard, start and end a break, have mechanical problems with a service vehicle, are involved in a collision, transport a female (11-48X) or juvenile (11-48J), or leave the beat for any reason. Operators are not required to notify Dispatch of abandoned vehicles not in a lane or a hazard. d. When reporting emergencies and other priority traffic, an Operator should “pre-alert” Dispatch with an indication of the type of emergency present and wait for Dispatch to acknowledge the call. A true emergency occurs when an Operator or the public is in immediate danger or has been hurt. These types of calls should be broadcast as “priority traffic.” After acknowledging the Operator, Dispatch will put all other Operators on standby (10-23). As a reminder, “priority traffic” should only be used in emergency situations. C. MONITORING RADIO/SCANNER TRAFFIC 1. While patrolling an assigned beat, an Operator shall monitor both the FSP radio and the scanner. An Operator is required to keep his radio scanner tuned to the appropriate CHP frequency corresponding to his assigned FSP beat. This will allow each Operator to be better informed of current freeway incidents and enhance response times to incidents as needed. The frequencies scanned should include both the “S” (Station to Car) and “C” (Car to Station) channels. No other frequencies, other than the appropriate CHP frequencies, should be monitored. The following examples reflect the advantages to monitoring the scanner: 7-2 CHAPTER 7 RADIO COMMUNICATIONS a. An Officer’s request for an FSP truck will be heard by an Operator before the request is conveyed by Dispatch. During busy radio conditions, requests for FSP response can be delayed. Monitoring the scanner will allow an Operator to start responding to an incident before the call is actually dispatched. b. A CHP Officer’s/Dispatcher’s report of a traffic collision and subsequent updates of the incident will be heard by an Operator which will assist him in restoring the efficient flow of traffic sooner. c. A CHP Officer’s/Dispatcher’s report of crimes in progress, a pursuit, or other traffic hazards present will help to ensure an Operator’s safety and alert him of areas to be avoided. D. PROPER RADIO PROTOCOL FOR TRANSPORTATION OF FEMALES AND JUVENILES 1. As part of his duties, an Operator will often provide transportation to female or juvenile motorists whose vehicle has been towed off the freeway. The correct radio code when transporting for any female motorist is “11-48X” and “11-48J” or “11-48 Juvenile” for transportation for juveniles. Consistent with the policies of the California Highway Patrol, the following procedure shall be adhered to when providing transportation for any female or juvenile. 2. An Operator shall immediately advise Dispatch of the transportation of one or more females. After acknowledgment by Dispatch of the “11-48X” call, the Operator shall provide relevant information in the following order: a. Starting mileage (last three numbers in odometer) b. Drop location where the female(s) is being transported Example, “Sacramento, 612-151, 1148x, starting mileage is 348, in route to La Rivera at Howe.” 3. When an Operator arrives at the drop location he/she shall immediately notify Dispatch the ending mileage (last three numbers on odometer). 4. It is the policy of the CHP that mileage, when beginning and ending the transportation of females be documented in the Dispatch’s CAD log. E. RADIO DO’S AND DON’T’S 1. Aural Brevity Codes and Phonetic Alphabet The FSP Program has adopted the CHP aural brevity code and the phonetic alphabet systems in order to simplify radio communications. These codes and radio procedures shall be used when communicating with Dispatch. 7-3 CHAPTER 7 RADIO COMMUNICATIONS 2. Correct Procedure When Using The Radio a. Remain calm and try to think about what you are going to say before you say it. Until you are proficient, it may help to write down what you want to say and read it to Dispatch. b. When talking on the radio, remember to hold the microphone approximately two to three inches away from your mouth and speak slowly, clearly, and briefly. c. As airtime is limited and many FSP Operators are sharing the same radio frequency, please be concise with your radio traffic, providing only pertinent information. d. Transmit only the information requested by Dispatch. e. Always use proper radio codes as they maintain brevity. Whenever in doubt, use plain English. f. Always know your location. g. To transmit to dispatch on the radio, hold the push to talk (ptt) button and listen for the “beep.” After two seconds, THEN speak. If you don’t do this, the first part of your transmission will be cut off. h. If you encounter a collision/incident in which CHP is already on scene, you will not pre-alert Dispatch of an 11-83. You will pre-alert Dispatch of “information.” You will then advise you are on scene with CHP at an 11-83 and then the location. (e.g., “Sacramento 612-151 information.” “Sacramento 612-151, 10-97 with CHP at an 11-83 westbound 50 at 65th.”) i. Give Dispatch time to catch up on previous radio traffic before providing new information. j. Remember to go 10-98 from each incident. 3. Mobile Communication Device All Operators shall have a mobile/wireless device to communicate with other Operators and David units during shift. Operators will be placed out of service for a defective or missing mobile communication device. Operators shall use the wireless device in accordance with 23123(a) CVC. 4. Requesting Telephone Calls Through Dispatch Asking for CHP Dispatch to make telephone calls is prohibited. 5. “Walking on” Other Operator/Dispatch “Walking on” another Operator or Dispatch occurs when an Operator tries to transmit when someone else is already transmitting. Prior to using the FSP radio, an Operator shall listen to hear if Dispatch is engaged in conversation with another Operator. Purposely interfering during voice transmissions presents a safety concern. Microphone keying or other abuse of voice transmission is not allowed and will not be tolerated. 7-4 CHAPTER 7 RADIO COMMUNICATIONS 6. Maintaining Professionalism on the Radio The FSP radio frequencies are monitored by the Federal Communications Commission, other agencies and the media. Furthermore, all FSP radio transmissions are recorded. Therefore, all radio communications must be conducted in a professional manner. It is a direct violation of FSP Policy to use inappropriate, foul or confrontational language with anyone while using the FSP radio. 7. Providing False Information to Dispatch/FSP Management An Operator shall not provide false information to Dispatch or any member of FSP Management. This includes, but is not limited to, the creation of a false incident, a false answer to a direct question, giving a false location for 10-7, etc. or falsifying any type of documentation. 8. Telephoning Dispatch Operators are prohibited from making personal telephone calls to anyone at the Dispatch center. Dispatchers handle a wide variety of tasks including, answering call boxes, contacting allied agencies, dispatching Officers to emergency calls, and answering 911 calls. Idle conversation with dispatchers delays response to emergencies and creates a threat to public safety. Operators who engage in personal telephone conversations with dispatchers will face disciplinary action. 9. Signaling 10-8/10-10 for another Operator An Operator shall not signal 10-8 or 10-10 for another Operator. The only exception to this is if an Operator is unable to signal 10-8 because he is out of his vehicle with a disabled motorist, traffic collision, etc. during 10-8 roll-call. In this instance, the Operator who is signaling 10-8 for the other shall give specific details as to the location and type of call the other Operator is handling. 7-5 CHAPTER 7 RADIO COMMUNICATIONS F. RADIO CODES 1. Aural Brevity Codes 10-1 poor reception 10-98 assignment complete 10-2 good reception 11-10 CHP accident/incident report 10-4 message received 11-24 abandoned vehicle 10-5 relay message 11-25 traffic hazard 10-6 busy, stand by 11-26 disabled vehicle 10-7 out-of-service 11-41 ambulance required 10-8 in-service 11-48 provide transportation 10-9 repeat transmission 11-48x transport female 10-10 off duty 11-79 t/c ambulance in route 10-19 return or return to 11-80 t/c - major injury 10-20 location requested 11-81 t/c - minor injury 10-21 telephone 11-82 t/c - property damage 10-22 disregard/discontinue response 11-83 t/c - no details 10-23 stand by 11-84 direct traffic 10-39 message/item delivered 11-85 tow truck required 10-97 arrived at scene 11-98 meet or meet with 2. Phonetic Alphabet A-ADAM B-BOY C-CHARLES D-DAVID E-EDWARD F-FRANK G-GEORGE H-HENRY I-IDA J-JOHN K-KING L-LINCOLN M-MARY N-NORA O-OCEAN P-PAUL Q-QUEEN R-ROBERT S-SAM T-TOM 7-6 U-UNION V-VICTOR W-WILLIAM X-X-RAY Y-YELLOW Z-ZEBRA CHAPTER 7 RADIO COMMUNICATIONS 3. Common Radio Abbreviations BO BAD ORDER/NOT WORKING ETA ESTIMATED TIME OF ARRIVAL DOT DEPARTMENT OF TRANSPORTATION GOA GONE ON ARRIVAL PD POLICE DEPARTMENT SO SHERIFF’S OFFICE TC TRAFFIC COLLISION UTL UNABLE TO LOCATE 4. Common Vehicle, Penal, and Health and Safety Codes FSP Operators may hear the following codes while monitoring CHP frequencies: 20002 20001 23152 10851 415 415 207 314 417 215 187 245 242 H & S ACTIVITY HIT AND RUN PROPERTY DAMAGE ONLY HIT AND RUN CAUSING INJURY/DEATH DRIVING UNDER THE INFLUENCE VEHICLE THEFT A VERBAL ARGUMENT A FIGHT KIDNAPPING INDECENT EXPOSURE BRANDISHING A WEAPON CARJACKING HOMICIDE ASSAULT WITH A DEADLY WEAPON ASSAULT SMOKING/USING DRUGS 7-7 CHAPTER 8 DOCUMENTATON CHAPTER 8 DOCUMENTATION A. REQUIRED DOCUMENTATION 1. FSP drivers are required to complete various forms, documentation, and electronic data entry during their shifts. Proper completion of these forms and data entry is essential to the success of the Freeway Service Patrol Program. 2. Failure to properly complete and adequately record driver activities and the required documentation or entry, may result in written reprimands, suspensions, or disqualification. Contractors can also be fined for failure to complete required documentation. 3. Operators are required to keep sufficient supply of current required forms and brochures with them at all times. 4. Operators are required to have an electronic device for data entry and GPS location with the current STA application installed, if required by the corresponding Transportation Agency. The operator shall be logged in to the STA application while on shift. Operators may not go in service without a properly functioning electronic device logged into the STA application. B. TOW TRUCK AND EQUIPMENT DAILY/WEEKLY INSPECTION REPORT 1. Each truck shall be properly equipped at the start of each shift. All Operators shall inspect their trucks prior to the beginning of each shift. Each truck must be inspected using an FSP Tow Truck and Equipment Daily/Weekly Inspection Report (CHP 234D); no other inspection forms may be used. The Operator shall use an ink pen (not pencil) when completing the CHP 234D. The symbol “” shall be used for items in compliance, and items not within compliance on the form shall be left blank. Any problem shall be fixed prior to the start of the operation of the vehicle in FSP service. FSP vehicles found to be improperly equipped may result in the vehicle being placed out of service until the vehicle is properly equipped. 2. An Operator is required to track the mileage driven while performing FSP duties. The CHP 234D is used to keep this log. Operators shall log the mileage at the start and end of each shift and calculate mileage totals. A new form should be started every Monday morning on the AM shift. Each Operator is responsible for making accurate entries consistent with the day and shift worked. 8-1 CHAPTER 8 DOCUMENTATON C. MOTORIST ASSIST FORM 1. PROVIDING FSP BROCHURE AND SURVEY CARD TO ALL MOTORISTS An Operator is required to give every motorist assisted or approached a FSP brochure explaining the Program, along with a "Freeway Service Patrol Survey" card. Operators shall give a brief explanation of the form and indicate to the motorist that the effectiveness of the program is evaluated from their input. Politely request the motorist to enter their evaluation as soon as possible. Failure to provide the above documents to a motorist is a violation of policy. Each Freeway Service Patrol Survey brochure or survey card not given out will constitute a separate violation. 2. FALSIFYING MOTORIST ASSIST DATA An Operator shall never falsify Motorist Assist data. If an Operator is performing his job properly, there is no reason to falsify data. Falsifying data will result in disqualification. 3. MOTORIST ASSIST DATA/FORM GUIDELINES a. Motorist assists shall be completed as soon as practical following the completion of an assist. b. Written motorist assist forms must be legible and completed in their entirety. c. Select only one box per question/drop down menu. d. For multiple vehicle collisions, select the Multi-Vehicle-Incident if using an electronic device, or complete one motorist form for each vehicle you assisted and write down the other involved vehicle license plates in the comment section. e. Answer all questions/selections completely and accurately. On written forms, locations should include cross streets (e.g. s/b 99 s/of 12 Avenue). Times are to be documented in military time (e.g. 5:00 p.m. is 1700 hrs.) f. Include any previous damage, Dispatch log numbers for overtime, or anything you feel may be important which was not covered in the notes section. g. Operators using an electronic device for data input shall use the device in accordance with 23123.5(a) CVC. D. CONTRACTOR'S RESPONSIBILITY 1. It is each contractor’s responsibility to review the CHP 234D forms for accuracy and completeness. 2. Contractors shall submit all documentation from the previous week to the Sacramento Transportation Authority (STA), Placer County Transportation Planning Agency (PCTPA) or El Dorado County Transportation Commission 8-2 CHAPTER 8 DOCUMENTATON (EDCTC) no later than Wednesday at noon. Contractors are subject to penalties if these documents are not turned in on time. 3. If required by the corresponding Transportation Agency, Contractors shall ensure that all trucks and/or operators have an electronic device using the STA approved application that is logged onto the STA website for data entry and GPS location. If a truck/operator does not have an electronic device with the STA approved application logged onto the STA website, that truck/operator shall not go in service. 8-3 CHAPTER 9 SPECIAL RELATIONSHIPS CHAPTER 9 SPECIAL RELATIONSHIPS A. SPECIAL RELATIONSHIPS 1. A “Special Relationship” may be established when a FSP Operator places a person in peril or increases the risk of harm to a person by specific conduct or by making an express promise to undertake specific conduct on behalf of an individual member of the general public. However, the mere provision of FSP services to a motorist or member of the public does not automatically establish a special relationship. 2. An Operator shall not place a motorist, passenger, or pedestrian in a position of foreseeable danger from either traffic or other potentially hazardous factors after contact has been made. 3. It is the responsibility of the Operator not to leave the motorist in a worse situation than that which existed before contact was made. This includes not leaving a motorist stranded at a drop location where the safety of the motorist may be compromised. IT IS THE OPERATOR’S RESPONSIBILITY TO ENSURE THAT HELP IS IN ROUTE OR THAT THE MOTORIST HAS ACCESS TO ADDITIONAL PUBLIC SERVICES. 4. An Operator should treat a motorist as if they were a member of his own family. An Operator should ask himself if he would leave one of his family members in the same situation as he would leave a motorist. 5. While all drop locations have been checked by the CHP, an Operator should be aware of any changing conditions that may adversely affect the suitability of the site. If the Operator feels a drop location is unsafe, he should immediately notify FSP Management. 6. Center dividers, gore points and narrow shoulders are always considered dangerous locations. Once an Operator establishes contact with a motorist in any situation that may be dangerous, it is that Operator’s responsibility to stay with the motorist until relieved by the CHP, another tow company or until the motorist is moved to a safer location. 7. If a motorist refuses FSP service or if the Operator leaves the motorist, the Operator must inform Dispatch and advise the motorist of potential hazards and provide freeway safety tips. 9-1 CHAPTER 10 SEXUAL HARASSMENT CHAPTER 10 SEXUAL HARASSMENT It is the policy of the FSP program that the working environment be free of sexual harassment. The STA, PCTPA, EDCTC, CHP, and Caltrans prohibit sexual harassment by any FSP personnel. Immediate and appropriate disciplinary action will be taken against individuals who violate this policy, up to and including disqualification from the FSP program. Report of an incident of sexual harassment will not automatically result in action being taken against personnel accused of harassment. Definition: Sexual harassment is defined as unsolicited and unwelcome sexual advances, requests for sexual favors, and other offensive verbal, physical, or visual conduct of a sexual nature. A. LEGAL AUTHORITY Title VII of the Civil Rights Act and Government Code Section 12940 make it an unlawful employment practice for employers to discriminate against any individual with respect to terms, conditions or privileges of employment on the basis of sex. The Federal Equal Opportunity Commission (FEOC) issued guidelines that make an employer responsible for acts of sexual harassment in the work place, regardless of whether the specific acts are forbidden by the employer. Such conduct has the potential to affect an employee's work performance negatively and/or create an intimidating, hostile or otherwise offensive work environment. While sexual harassment may be manifested in various forms, the following sections contain common examples of sexual harassment: 1. Making unsolicited written, verbal, physical and/or visual contact with sexual overtones. a. Written examples: suggestive or obscene letters, notes, and invitations b. Verbal examples: derogatory comments, slurs, jokes, and epithets c. Physical examples: assault, touching, impeding, or blocking movement d. Visual examples: gestures, leering, display of sexually suggestive objects or pictures 2. Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction is not considered sexual harassment.) 3. Making reprisals, threats of reprisal or implied threats of reprisal following a negative response. For example, implying or actually withholding support for an 10-1 CHAPTER 10 SEXUAL HARASSMENT appointment, promotion or change of assignment; suggesting a poor performance report will be prepared, or suggesting probation will be failed. 4. Engaging in implicit or explicit coercive sexual behavior that is used to control, influence or affect the career, salary, and/or work environment of another employee. 5. Offering favors or employment benefits, such as promotions, favorable performance evaluations, favorable assigned duties or shifts, recommendations, re-classifications, etc., in exchange for sexual favors. 10-2 CHAPTER 11 DRUG AND ALCOHOL POLICY CHAPTER 11 DRUG AND ALCOHOL POLICY A. CONTRACTOR’S RESPONSIBILITY 1. The Contractor is responsible for complying with all applicable federal, state, and local laws and regulations pertaining to a drug and alcohol free workplace. The Contractor is required to have a drug and alcohol policy in writing, which must be distributed and made easily accessible to all employees. 2. Failure to comply with the requirements of this document and the requirements set forth in the Contract will be handled on a case-by-case basis and may result in fines to the Contractor, suspensions, and/or disqualification from the FSP program. B. OPERATOR’S RESPONSIBILITY The Freeway Service Patrol program is dedicated to providing safe and efficient service to the public. Because of the nature of our work, this program has a zero tolerance policy for substance abuse. Freeway Service Patrol Operators are prohibited from using, purchasing, selling, possessing, distributing or being under the influence of a controlled substance or alcohol while on duty, or driving a FSP vehicle to and from FSP duty. THE USE OF ALCOHOL AND/OR DRUGS WHILE ON FSP DUTY IS ABSOLUTELY FORBIDDEN. ANY OPERATOR FOUND TO BE UNDER THE INFLUENCE OF DRUGS AND/OR ALCOHOL WILL BE IMMEDIATELY DISQUALIFIED FROM THE PROGRAM AND MAY FACE CRIMINAL PROSECUTION. 1. Drugs AN OPERATOR FOUND TO BE IN POSSESSION OF ILLEGAL DRUGS WHILE ON DUTY WILL BE CHARGED WITH ALL APPLICABLE VIOLATIONS OF LAW AND IMMEDIATELY DISQUALIFIED FROM THE PROGRAM. 2. Prescription Drugs An Operator is required to inform his Contractor immediately if he is taking prescription medication that may hinder his ability to safely operate a motor vehicle. In such a situation, the Operator MAY NOT operate any FSP service vehicle until he is FULLY CAPABLE of doing so. Failure to notify the Contractor may result in IMMEDIATE DISQUALIFICATION from the program. 11-1 CHAPTER 11 DRUG AND ALCOHOL POLICY 3. Alcohol a. On Duty i. AN OPERATOR SHALL NOT BE ON DUTY WHILE HAVING THE ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH OR PERSON. AN OPERATOR FOUND TO HAVE THE ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH OR PERSON SHALL BE IMMEDIATELY DISQUALIFIED FROM THE PROGRAM. ii. When an Operator is suspected by a uniformed employee of the California Highway Patrol, to have the odor of an alcoholic beverage on his breath or person, the Operator will be immediately removed from FSP duty. The Operator will be offered by CHP the opportunity to voluntarily submit to a breath test on a CHP PAS (Preliminary Alcohol Screening) device to measure the alcohol level of his breath. However, if the Operator refuses to submit to a PAS test, he will be suspended until an investigation by CHP is completed. iii. The aforementioned paragraph only applies to situations where an Operator is NOT believed to be under the influence of alcohol. However, if an Operator IS believed to BE UNDER THE INFLUENCE OF ALCOHOL, he will be arrested by the CHP and the arrest, blood alcohol testing, and booking shall be performed as required by law. b. Off Duty i. An Operator, 21 years and older, arrested for being in violation of Section 23152 (A) CVC – Driving Under the Influence, while off duty from FSP, shall immediately report this arrest to his Contractor and CHP prior to his next work shift. Failure to do so will be considered a flagrant violation, subject to disqualification from the program. Once an arrest of this nature is reported, the Operator will be placed on a 30-day probation period concurrent with the DS 367 Temporary Driver License during which the Operator is encouraged to request a DMV hearing as outlined on the DS 367. Once the 30-day period has elapsed, the Operator will surrender his DL64 and FSP ID card. The Operator will be placed on suspension pending DMV and court action. ii. An Operator under 21 years of age who is detained and/or arrested for violation of section 23136 CVC – Minor Driving with BAC .01% or more, or section 23140, while off duty from FSP, shall immediately report this arrest to his Contractor and CHP supervision prior to his next work shift. Failure to do so will be considered a flagrant violation subject to disqualification from the program. Once an arrest of this nature is reported, the Operator will be placed on a 30-day probation concurrent with the DS 367M Temporary Driver License during which the Operator is encouraged to request a DMV hearing as outlined on the DS 367M. Once the 30-day period has elapsed, 11-2 CHAPTER 11 DRUG AND ALCOHOL POLICY the Operator will surrender his DL64 and FSP ID card. The Operator will be placed on suspension pending DMV and court action. C. ARRESTS If any Operator is arrested for any alcohol and/or drug-related offense(s), he is required to notify his contractor and FSP Management immediately. Failure to do so will result in suspension and/or disqualification from the FSP program. 11-3 CHAPTER 12 VIOLATIONS AND PENALTIES CHAPTER 12 VIOLATIONS AND PENALTIES A. OVERVIEW 1. The California Highway Patrol (CHP), in cooperation with the Sacramento Transportation Authority (STA), the Placer County Transportation Planning Agency (PCTPA) and the El Dorado County Transportation Commission (EDCTC), have developed rules, guidelines and policies consistent with the highest standards of professionalism, performance, appearance and conduct for the Freeway Service Patrol. 2. The purpose of this chapter is to establish a consistent, fair and objective set of penalties for violating the SOP rules, guidelines and policies. 3. Violations have been broadly classified as Minor, Major and Flagrant. However, the classifications only serve as a guide. Violations listed in this chapter are not inclusive as there will be unique circumstances and actions that cannot be adequately anticipated ahead of time. Therefore, unlisted offenses or violations that are not easily classified will each be weighed on its own relative merit in determining the penalty. All penalties shall be based on the totality of facts available. 4. CHP and the local FSP programs shall utilize a policy of “progressive discipline” in determining adverse actions and penalties. Financial penalties in the form of fines shall be assessed to the contractor. Multiple violations of policies and procedures can result in increasingly severe actions, up to and including Operator disqualification from FSP participation and/or termination of the tow contract. B. CLASSIFICATION OF VIOLATIONS There are three broad classes of violations: Minor, Major and Flagrant. The degree of seriousness and the associated penalties progress from minor to major to flagrant. Violations may be committed by individual truck operators or by the tow contractor. Whereas violations committed by truck operators may result in a written reprimand and/or a suspension, Contractor is held responsible for ALL violations— those committed by itself and those committed by the truck operators in its employ— and for ALL penalties assessed for those violations, including fines and up to contract termination. 12-1 CHAPTER 12 VIOLATIONS AND PENALTIES 1. Minor Violations. Minor violations are less serious offenses, usually unintentional and not directly involving another person or persons or putting any persons at risk. Examples include, but are not limited to: a. Tardiness (less than 45 minutes late) starting the FSP shift b. Failure to adequately communicate status to dispatch c. Failure to properly display FSP operating logo(s) or signage during FSP hours d. Failure to cover or remove FSP logo(s) or signage while off duty or during non-FSP hours e. Wearing FSP uniform while off duty or during non-FSP hours while performing other tow services f. Presenting personal appearance with obvious poor grooming as specified in the SOP g. Failure to comply with the established minimum uniform standards as specified in the SOP h. Failure to address equipment violations constituting an out-of-service status i. Failure to complete/submit required motorist assist records or other required records j. Failure to possess pre-operation inspection forms for a previous 30-day period at Contractor’s place of business k. Failure to replace or repair deficiencies noted on the CHP pre-operation inspection sheet l. Abusing or misusing FSP-related equipment, such as radios and phones m. Violating break policy as specified in the SOP (early, prolonged or excessive breaks) n. Failure to distribute FSP brochures and FSP survey cards to motorists o. Failure to be vigilant in the performance of assigned duties during FSP hours 2. Major Violations. Major violations are serious offenses that may be intentional or unintentional, may involve safety issues, directly affect the motorist, the motoring public, CHP or the contracting agency, or violate basic tenants of the tow contract. Examples of major violations include, but are not limited to: a. Operating a FSP truck without an electronic device logged into the STA website, if required by the corresponding Transportation Agency b. Signing off, leaving the beat, or ending the shift early c. Signing in (going “10-8”) before actually arriving on the beat d. Operating with an invalid, withheld, suspended, or revoked required license e. Sleeping or giving the appearance of sleeping while on duty (including breaks) f. Smoking while on duty (excluding breaks) g. Falsifying pre-operation inspection forms h. Failure to report any known damage caused when servicing a vehicle 12-2 CHAPTER 12 VIOLATIONS AND PENALTIES i. Disobeying a lawful order given by sworn law enforcement personnel j. Failure to notify dispatch if involved in a traffic collision k. Failure to notify CHP or FSP management when a shift or shifts will be missed l. Leaving the beat during FSP hours without authorization m. Providing or recommending any tow company, legal assistance, or medical practitioners n. Failure to advise dispatch when transporting a female or juvenile o. Towing a vehicle to a location other than a designated drop location (except at the direction of CHP) p. Leaving a motorist stranded in an unsafe location or without a phone, shelter, or other help in route q. Causing damage to a vehicle due to negligence r. Equipment not in conformance with California Vehicle Code and is not serviceable or missing (e.g., worn tires, expired fire extinguisher, cracked windshield, etc.) s. Unauthorized refueling of truck or fuel containers while on duty t. Inappropriate behavior (use of abusive or foul language, vulgarity, rudeness, offensive hand gestures, unsafe driving or other untoward behavior to motorist, officers, dispatchers, or other tow operators u. Missing an entire shift without providing a replacement driver or truck v. Violating safety guidelines (e.g., not using safety chains, standing between vehicles, not watching traffic, not protecting motorist, misuse of equipment) w. Intentional involvement in law enforcement activities beyond normal scope of FSP duties (e.g., apprehending suspects, vehicle pursuits) x. Falsifying information, orally or written, to FSP management, the motoring public, CHP, or dispatch y. Failure to notify CHP or dispatch of a truck breakdown, truck not in service and/or the use of a backup track z. Unexcused absence of Operator from quarterly training sessions 3. Flagrant Violations. Flagrant violations are serious, intentional offenses that undermine the public respect and support of FSP, breaches the tow contract, seriously calls into question the integrity of the tow contractor, puts innocent people at risk, or is illegal or highly unethical. Examples of flagrant violations include, but are not limited to: a. Charging for FSP service b. Use of dedicated FSP trucks for non-FSP purposes c. Theft of any kind d. Selling items, including items found while on duty e. Possessing of a firearm or illegal weapon 12-3 CHAPTER 12 VIOLATIONS AND PENALTIES f. Soliciting any service that would require subsequent compensation g. Providing or recommending a secondary tow service for compensation following an initial service h. Operator having an odor of an alcoholic beverage but not under the influence i. Failure of operator to submit to a substance abuse test (e.g., drug or alcohol test) j. Providing commercial services during FSP hours k. Soliciting and/or retaining tips or other gratuities l. Being under the influence of alcohol and/or drugs while on duty m. Insubordination to CHP supervisors n. Operating without up-to-date and current business licenses, certificates, permits and insurance coverage o. Operating a non-CHP-approved truck p. Putting into FSP service a non-qualified or non-certified truck operator q. Tampering with or attempting to interfere with GPS tracking equipment C. PENALTIES FOR VIOLATIONS 1. Penalties for FSP Operators. a. FSP truck operators found in violation of this SOP may be issued a written reprimand, placed out of service by CHP until a correction is made, and/or disciplined by a temporary suspension. When a violation is determined, CHP shall issue the operator a Notice of Violation and may be accompanied by a written reprimand. A copy of the Notice of Violation will be provided to the responsible FSP administering agency (STA, PCTPA or EDCTC) who shall, in turn, notify the tow contractor of the violation and may assess the contractor a penalty according to the terms of the respective tow contract. b. Where an FSP truck operator has a history of repeated violations and continues to violate the SOP, or where the truck operator committed a violation or violations deemed to be egregious, negligent, intentional or malicious in nature, CHP may further order the suspension of the driver for one (1) to fifteen (15) work days. In more serious cases, CHP may order the disqualification of the operator from FSP participation. Any such disqualification shall become effective immediately, apply to all FSP programs subject to this SOP, and be indefinite in term. Disqualified operators may apply for reinstatement no sooner than eighteen (18) months from the date of disqualification. c. Disqualification does not affect non-FSP tow-related commercial operations. Operators that have been disqualified or have had their certification revoked from the FSP program may still be employed by their respective contractors 12-4 CHAPTER 12 VIOLATIONS AND PENALTIES and are still able to perform commercial towing. Termination from employment shall rest solely on the contractor. 2. Penalties for FSP Contractor. a. Contractors are responsible for ensuring compliance with FSP contracts and the SOP, both by itself and the FSP truck operators in the contractors’ employ. Therefore, penalties incurred by FSP truck operators are levied against Contractor to ensure the Contractor assumes its due responsibility to resolve any and all incidences of noncompliance and to prevent future occurrences. b. Violations committed by the FSP contractor shall be addressed by the appropriate FSP administering agency with a Notice of Violation and a penalty assessment in accordance to the tow contract. In the event of a series of major violations, an egregious flagrant violation or a pattern of repeated violations, the administering FSP agency may take relief actions up to terminating the tow contract. D. APPEALS 1. Basis. Tow contractors may appeal the determination of any violation notice or truck operator disciplinary suspension made by CHP or any fines or contract terminations made by the FSP administering agency if the contractor can demonstrate that the determination of violation was made in error, or if contractor can cite special or extenuating circumstances not the fault of the contractor or the truck operator involved that should be considered. 2. Process. Contractor may request an appeal of any penalty or termination of Contract by submitting a completed Request for Appeal within ten (10) business days from the date of the Notice of Violation or Contract termination. Appeals regarding disqualification of truck operators from FSP must be submitted by the contractor (not the FSP truck operator) within five (5) business days from disqualification. 3. Review and Determination. The FSP Technical Advisory Committee (TAC), consisting of staff from CHP and the other FSP agencies in the Sacramento region, shall review appeal requests for merit and new information and render a determination and notify contractor within ten (10) business days of the appeal. Where an FSP truck operator is disqualified and the disqualification is related to a criminal conviction, the decision on the appeal will be made solely by CHP due to confidentiality of criminal histories. 4. FSP Involvement During and After Appeal. In the period between a FSP truck operator suspension or disqualification and the determination on an appeal request, the FSP truck operator may not be involved in any manner with FSP. In the event the FSP truck operator disqualification is upheld after review of the 12-5 CHAPTER 12 VIOLATIONS AND PENALTIES appeal, the operator shall be indefinitely barred from participating in all FSP programs operating under this SOP. E. DOCUMENTATION All documentation of investigations shall be retained by the CHP for a minimum period of three (3) years beginning on the date the violation occurred. 12-6 CHAPTER 13 OPERATOR CERTIFICATION CHAPTER 13 OPERATOR CERTIFICATION A. OVERVIEW An Operator shall be at least 18 years of age before a Tow Truck Driver Certificate (DL 64) can be issued (21 years for Operators in Placer County). A prospective FSP Operator, including any back-up driver, shall be required to complete the FSP Management’s Driver Proficiency testing process. To become a certified Operator, all applicants must pass a background-screening (per 2436.5 V.C.), attend a sixteen-hour classroom training program, receive a score of 80% or better on a FSP Standard Operating Procedures test, receive a score of 100% on a radio-code and phonetic alphabet test, and pass towing procedures proficiency test. These tests examine the technical knowledge and driving proficiency of each applicant and are overseen by experienced CHP Officers. The CHP shall certify any Operator who successfully completes the training. Any driver who is found working as a FSP Operator without completing these mandatory classes shall be permanently prohibited from further Freeway Service Patrol service and the Contract may be terminated. B. ABILITY TO READ AND COMMUNICATE CLEARLY ON RADIO In emergency situations, it is critical that an Operator be able to clearly relay information to a Dispatcher so that the CHP can make a rapid assessment of what is needed at the scene. In addition, the Operator must be able to read street signs in order to provide the CHP with accurate location information. 1. An Operator must be able to clearly communicate in English with the CHP Dispatch center. 2. An Operator must be able to read English well enough to be able to quickly read street signs while driving a vehicle 13-1 CHAPTER 13 OPERATOR CERTIFICATION C. CERTIFICATION REQUIREMENTS 1. Background Screening And Certification Before an individual begins the Initial Operator Training and Proficiency Testing, he will be subject to a background screening conducted by the CHP, which will include fingerprinting and a California Driver License Check. Utilizing information and fingerprints, the CHP will check the status of each applicant’s California Driver’s License and search for any outstanding wants or warrants; in addition, a general criminal history will be obtained. Information received in this background screening, including any outstanding warrants, may result in disqualification and/or possible legal action. Each Operator is required to have the following items for background screening: a. Check or money order, payable to CHP, for $50. b. Valid California Driver’s License. c. Completed FSP application (CHP 234f, Completed Live Scan form, Medical Certificate submitted to FSP Management 3 days prior to the Initial Driver Training class.) The application fee is charged to perform a background check on the applicant; the amount charged is based upon the approximate cost of a criminal background check and issuance of the initial tow truck certificate (DL64). A receipt shall be provided for any fees collected. The yellow copy of the DL64 (receipt) will be detached from the DL64 and returned to the contractor. The temporary tow truck certificate (page 2 of the DL64) shall not be issued unless the applicant meets and passes the established criteria. 2. Background Screening Disqualifications Criminal history requirements shall be consistent with those of the CHP rotational tow requirements. Operators who are disqualified from CHP rotation tow shall be disqualified from FSP Operations until they return to good standing with the CHP rotation tow program. The following shall disqualify an applicant if found during the background screening phase: a. Three or more drug-related misdemeanor convictions within five years of an application for a DL64 certificate. b. Any drug-related felony conviction within five years of application for a DL64 certificate. 13-2 CHAPTER 13 OPERATOR CERTIFICATION An applicant shall be disqualified for a conviction of the following if the violation occurred within the previous seven years: 1. Gross vehicular manslaughter while intoxicated - 191.5 P.C. 2. DUI causing injury/death - 23153 V.C. A proven history of convictions for driving under the influence of alcohol and/or drugs shall disqualify an applicant. 1. Two convictions of DUI within the previous two years - 23152 V.C. 2. Three DUI convictions within the previous seven years -23152 V.C. The following criminal violations shall impose a ten-year limitation for felonies and a five-year limitation for misdemeanors before an applicant may be considered eligible to drive for the FSP Program. 1. Section 148 PC - Resisting/delaying a peace officer. 2. Section 222 PC - Administering drugs with the intent to commit felony. 3. Section 273.5 PC - Infliction of injury to spouse, cohabitant, parent or child. 4. Section 261.5 PC - Statutory rape. 5. Section 273a PC - Cruelty to a child. 6. Section 273d PC - Infliction of corporal punishment on a child which results in traumatic conditions. 7. Section 417 PC - Brandishing a firearm in a threatening manner. 8. Section 451 PC - Arson. 9. Section 453 PC - Possession of a firebomb. 10. Section 459 PC - Burglary. 11. Section 466 PC - Possession of burglary tools. 12. Section 12024 PC - Possession of deadly weapon with intent to commit assault. 13. Section 470 PC - Forgery. 14. Section 470a PC - Reproduction or falsification of a driver license or ID card. 15. Section 470b PC - Display or possession of a reproduced or falsified driver license or ID card. 16. Section 476 PC - Counterfeiting money. 17. Section 484e PC - Theft of an access card. 18. Section 484f PC - Forgery of an access card signature. 19. Section 484g PC - Fraudulent use of an access card. 20. Sections 487 and 489 PC - Grand theft, including theft of firearm 487 PC (F); Grand theft of firearm, 489 PC. 13-3 CHAPTER 13 OPERATOR CERTIFICATION 21. Section 496 PC - Receiving stolen property. 22. Section 503 PC - Embezzlement. 23. Section 538d PC - Fraudulent impersonation of peace officer. 24. Section 2800.1-2800.4 VC - Evading a peace officer. 25. Section 10750 VC - Altering, defacing, or replacing vehicle identification numbers 26. Section 10752 VC - Fraudulent acquisition or disposition of DMV or CHP issued Vehicle Identification Numbers (VIN). 27. Section 10851 VC - Vehicle theft. 28. Section 20001 VC - Hit and run collision, causing injury/death. An applicant shall also meet the driver qualifications regarding background requirements as set forth in the Contractors contract with the corresponding Transportation Agency. 3. An Operator from outside of the Sacramento Metro FSP program If an Operator, who is current and active in another California FSP Program (e.g. Bay Area or Los Angeles) and wishes to work in the Sacramento Metro Freeway Service Patrol, he/she must successfully complete a proficiency test and the initial driver training class. This is to ensure that the individual receives all the information that is applicable to the Sacramento area FSP program. 4. Operator Reinstatement a. If the duration from when the driver left the program is 90 days or less, the requirements are: i. A valid DL 64. ii. A current medical certificate. iii. A driver history check. iv. A new CHP 234F and regional/local program application forms v. Retraining/proficiency testing (if deemed necessary by the FSP coordinator). b. If the duration from when the driver left the program is 91 days to one year, the requirements are: i. A valid DL 64. ii. A current medical certificate. iii. A driver history check. iv. A new CHP 234F and regional/local program application forms v. A criminal history check through Live Scan fingerprinting. vi. Retraining/proficiency testing (if deemed necessary by the FSP coordinator). 13-4 CHAPTER 13 OPERATOR CERTIFICATION c. If the duration from when the driver left the program is one year or more, the driver is required to complete the complete FSP driver certification process. 5. An Operator placed into FSP service by a FSP Contractor without authorization from FSP Management may result in the termination of the contract. 13-5 ATTACHMENT A VALLEY DIVISION FREEWAY SERVICE PATROL BEAT LIMITS Beat Route Description of route limits 10 647- 80 Richards Blvd. To Jefferson Blvd. Turnarounds - Richards Blvd. To Jefferson Blvd. 106 612- 5 Pocket Rd. to Sac 50 Turnarounds - Laguna Rd. to Richards Blvd. 108 612- 5 I-80 Separation to Sac 50 Turnarounds - Sutterville rd. to Del Paso Rd. 108A 612- 5 Pocket rd. to I-5 / I-80 Sep. Turnarounds - Laguna Rd to Del Paso Rd. 150 612- 50 Sac/Yol Co. line to hwy. 99/50 Sep. Turnarounds - Jefferson Blvd. To 59th. St. 151 612- 50 99/50 to Bradshaw Rd. Turnarounds - 26 th. St. to Bradshaw Rd. 152 612- 50 Bradshaw Rd. to Sunrise Blvd. Turnarounds - Watt Ave. to Sunrise Blvd. 153 612- 50 Sunrise Blvd. To Prairie Ciry Rd. Turnarounds - Zinfandel Dr. to Scott Rd. 153A 612- 50 Sunrise Blvd. To Prairie Ciry Rd. Turnarounds - 26th. St. to Scott Rd. 181 646- 51 American River Br. To Hwy 244 Turnarounds - "E" st. to Madison Ave. 182 646- 80 51 / 80 Sep. to Sac / Pla Co. line Turnarounds - Fulton Ave. to 51/80 to Riverside Dr. 182A 646- 80 51 / 80 to Sac / Pla Co. line Turnarounds - Expo Blvd. to 51/80 to Riverside Dr. 184 80 I - 5 to Longview Dr. 184A 646- 80 I - 5 to Longview Dr. Turnarounds - W. El Camino Ave. to Longview Dr. 191A 612- 99 Sheldon Rd. to Hwy. 50 Turnarounds - Elk Grove Ave. to 99 / 51 to "E" St. 192 612- 99 Sheldon Rd. to Hwy. 50 Turnarounds - Elk Grove Ave. to Broadway 193 612265 645- 51 12th. Ave. to American River Bridge Turnarounds - Fruitridge Rd. to Exposition Blvd. 65 I-80 to Twelve Bridges Rd. Turnarounds - Atlantic St./Eureka Rd. to 12 Bridges Rd. 281 80 Placer Co. line to Hwy. 49 281A 80 Placer Co. line to Hwy. 49 645110 644- Turnarounds - Antelope Rd. to Hwy 49 50 Eldorado Co. line to Greenstone Rd. Turnarounds - Scott Rd. to GreenstoneRd. A-1 ATTACHMENT B MISCELLANEOUS FREEWAY SERVICE PATROL AND TOWING LAWS (Vehicle Code Sections are paraphrased and not complete. verbiage consult California Vehicle Code) For complete 2430.3 VC - Every Freeway Service Patrol (FSP) operator shall notify his or her employer and/or prospective employer of an arrest or conviction of any felony, misdemeanor crime of violence (3rd offense), or a crime of sexual nature prior to the beginning of their next work shift with that employer. 2430.5 (d) VC - Upon notification that a FSP operator has been arrested for or convicted of, any of the aforementioned crimes, that employer shall remove that FSP driver from any position involving FSP operations. (M) 2432 (a) VC - It is unlawful for a FSP operator to knowingly provide false information on the application for a FSP temporary operating permit (DL 64). (M) 12520 (a) VC - It is unlawful for a FSP operator to operate a tow truck unless that person has, in his or her immediate possession, a valid California driver’s license of an appropriate class for the vehicle to be driven, and a tow truck driver certificate (DL 64). (M) 12804.9 (b) VC - Class A driver’s license is required for: 1) any combination of vehicles, if any vehicle being towed has a gross vehicle weight rating (GVWR) of more than 10,000 pounds. 2) any vehicle towing more than one vehicle. Class B driver’s license is required for: 1) any single vehicle with a GVWR of more than 26,000 pounds. 2) any single vehicle with three or more axles, except any three-axle vehicle weighing less than 6,000 pounds. 14606 (a) VC - No person shall employ or hire any person to drive a motor vehicle nor shall he knowingly permit or authorize the driving of a motor vehicle under his control unless the person is licensed for the appropriate class of vehicle being driven. (I) 15250 (a) VC - No person shall operate a commercial motor vehicle unless that person has in his or her immediate possession a valid commercial driver’s license of the appropriate class. (I) B-1 ATTACHMENT B 22348 (c) VC - Any vehicle towing another vehicle shall be driven in right hand lane. When overtaking and passing another vehicle proceeding in the same direction, the driver shall use the lane to the immediate left of the right-hand lane. If however, a divided highway having four or more clearly marked lanes for traffic in one direction, any such vehicle may also be driven in the lane to the immediate left of the right-hand lane. (I) 22406 (b) VC - No person may drive a vehicle towing another vehicle at a speed in excess of 55 mph. (I) 22513 (b) VC - It is a misdemeanor for the owner or operator of a tow truck to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting the engagement for towing services, either directly or indirectly, or to furnish any towing services, unless summoned to the scene, requested to stop or perform the service by a law enforcement officer. This section shall not to apply to Freeway Service Patrol operations. (M) 22513 (c) VC - It is a misdemeanor for the owner or operator of a tow truck to move any vehicle from a highway, street, or public property without the express authorization of the owner or operator of the vehicle or a law enforcement officer, when the vehicle has been left unattended or when there is an injury as the result of an accident. (M) 22517 VC - No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. (I) 23123 (a) VC - A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. 23123.5 (a) -A person shall not drive a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication, unless the electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation to dictate, send, or listen to a text-based communication, and it is used in that manner while driving. 24605 (a) VC - A tow truck shall be equipped with and carry portable stop/signal/tail lamps (tow lights). (I) B-2 ATTACHMENT B 24605 (b) VC - Whenever a tow truck is towing another vehicle, the tow vehicle shall display tow lights to the rear of the towed vehicle. (I) 24605 (c) VC - Whenever any motor vehicle is towing another motor vehicle, tow lights are not required on the towed motor vehicle if a stop lamp and turn signal lamp on each side of the rear of the towing vehicle is plainly visible to the rear of the towed vehicle. 27465 (b) VC - No person shall use a tire on a vehicle axle when the tire has less than one thirty-second (1/32) on an inch tread depth in any two adjacent grooves at any location of the tire. (I) 27700 (a) VC - Tow trucks shall be equipped with and carry all of the following: (1) one or more brooms, and the driver of the tow truck engaged to remove a disabled vehicle from the scene of an accident shall remove all glass and debris deposited upon the roadway by the disabled vehicle which is to be towed. (2) one or more shovels, and whenever practical the tow truck driver engaged to remove any disabled vehicle shall spread dirt upon that portion of the roadway where oil or grease has been deposited by the disabled vehicle. (3) one or more fire extinguishers of the dry chemical or carbon dioxide type with an aggregate rating of at least 4-B, C units and bearing the approval of a laboratory nationally recognized as properly equipped to make the approval. (I) 27907 VC - There shall be displayed in a conspicuous place on both the right and left side of a tow truck a sign showing the name, address and telephone number of the tow company. The letters and numbers of the sign shall not be less than 2 inches in height and shall be in contrast to the color of the background upon which they are placed. (I) 29004 (a) VC - Any vehicle towed by a tow truck shall be coupled to the tow truck by means of at least two safety chains in addition to the primary restraining system. The safety chains shall be securely affixed to the truck frame, bed, or towing equipment, independent of the towing sling, wheel lift, or underreach towing equipment. (I) Any vehicle transported on a slide back carrier or conventional trailer shall be shall be secured by at least four tie down chains, straps, or an equivalent device, independent of the winch or loading cable. 29004 (b) VC - All safety connections and attachments shall be of sufficient strength and have a positive means of ensuring that the safety connection does not become dislodged while in transit. (I) B-3 ATTACHMENT B 29004 (c) VC - No more slack may be left in a safety chain, cable, or equivalent device than is necessary to permit proper turning. (I) I - Infraction M - Misdemeanor B-4 ATTACHMENT D HYBRID VEHICLE POLICY The following steps shall be adhered to when a Freeway Service Patrol (FSP) operator encounters a Hybrid vehicle in need of assistance. Hybrid vehicles are vehicles which are powered by both gas and electric engines, have high fuel efficiency and emit low levels of fuel emissions. Hybrid vehicles can be handled like any other vehicle, except as noted in these guidelines. Due to the possibility of damaging hybrid drive components and in compliance with manufacturer recommendations, no FSP operator shall tow a hybrid vehicle with any of its wheels on the ground. FSP operators shall use tow dollies (flatbed if available) to remove the vehicle from the freeway. FSP operators shall not attempt to service hybrid vehicles by performing any function within the engine compartment. Under no circumstances shall a FSP operator attempt to jump-start or repair battery cables on a hybrid vehicle. Contact with damaged high voltage battery modules, motor, or cables can result in serious electric shock and/or death. If the FSP operator has determined the hybrid vehicle is in need of anything more than fuel or a tire change, the FSP operator shall dolly tow (or flatbed) the vehicle off the freeway. Sling-type equipment should not be used unless the vehicle is damaged beyond repair, or directed to do so by law enforcement officer to quickly clear traffic lanes. NOTES OF CAUTION WHILE ASSISTING HYBRID VEHICLES: Never assume the hybrid vehicle is shut off simply because it is quiet. Always observe the instrument panel cluster to verify whether the vehicle is on or off. While the vehicle is stopped, the gasoline engine and the traction motor may be off, but the vehicle still remains operational. Operators shall use extreme caution when pushing hybrid vehicles out of traffic lanes following traffic collisions. When doing so, it is imperative to assure that the ignition key is in the OFF position. D-1 ATTACHMENT E SACRAMENTO METRO FREEWAY SERVICE PATROL BEAT MAP E-1 ATTACHMENT F PLACER COUNTY FREEWAY SERVICE PATROL SERVICE AREA F-1 ATTACHMENT G WAITING PERIOD FSP operators leaving the FSP contractor with which they are employed shall be required to wait a minimum of ten (10) days after the employees current contractor notifies the CHP before they are allowed to work FSP for his/her new contractor. The transitional period shall also apply to FSP operators who are concurrently employed by two different FSP contractors. The purpose of this is to promote stability in the FSP program and within and between the tow companies providing FSP services in the region. Contractors agree that it shall not bring under employment a truck operator that was previously employed by another FSP contractor in Sacramento, Yolo, Placer or El Dorado Counties until after 10 days of his/her final separation of service from the other FSP contractor. The only exceptions to the waiting period are: -The term of an FSP contract has ended or was terminated either by the contractor or the Authority, then a Contractor may immediately hire the former employees of the previous Contractor. -The employee leaves their current employer in good standing and there is a mutual understanding between the releasing and acquiring contractors. G-1 2014 SACRAMENTO/YOLO/PLACER/EL DORADO AREA FREEWAY SERVICE PATROL DROP-SITES * Site # Trucks Route Exit Side of Freeway Drop-Site Street Location Specifics 1 2 3 191A, 192 192,191A 192,191A SR-99 SR-99 SR-99 Sheldon Road Sheldon Road Cosumnes River Blvd East West West Cantwell Drive Michener Way Timberlake Way 4 192,191A SR-99 Calvine Road East Park & Ride Lot 5 6 7 8 9 10 11 12 13 14 15 16 192,191A 192,191A 192,191A 192,191A 192, 193, 191A 192,193,191A 192,193,191A 181,193,191A 181,193,191A 181,193,191A 181,193,191A 181,193,191A SR-99 SR-99 SR-99 SR-99 SR-99 SR-99 SR-99 SR-51 SR-51 SR-51 SR-51 SR-51 Florin Road Mack Road Florin Road 47th Avenue Fruitridge Road Fruitridge Road 12th Avenue ABC Streets ABC Streets ABC Streets ABC Streets ABC Streets East East East East East West West East East West West West Assembly Court Massie Court Governors Circle 44th Street Mendocino Blvd 34th Street 11th Avenue 30th Street 30th Street 28th Street 28th Street C Street 17 18 19 181,182A,193 181,182A,193 181,191A,193 SR-51 SR-51 SR-51 Arden Way/Exposition Way Arden Way/Exposition Way Exposition Way East East West Heritage Lane Heritage Lane Tribute Road 20 21 22 23 24 25 26 27 28 29 181,182A 181,182A 181,182,182A 181,182,182A 181,182,182A 181,182,182A 182,182A 182,182A 182,182A 10,150 SR-51 SR-51 SR-51 I-80 1-80 I-80 I-80 I-80 I-80 US-50 El Camino Avenue El Camino Avenue Watt Avenue Watt Avenue Watt Avenue Madison Avenue Elkhorn Blvd Antelope Road Riverside Avenue Jefferson Blvd. East East South North North East West West West North Albatross Way Darwin Street Annadale Lane Margaret Way Oak Dell Avenue Date Avenue Andrea Blvd Zenith Drive Cirby Hills Drive Merkley Avenue 30 31 32 10,150 150 150,151,192,193,191A Jefferson Blvd W-X Freeway exits W-X/Capital City Freeway exits North South Under Jackson 14th Street 26th Street 33 34 35 36 37 38 39 40 151,153A 151,153A 151,153A 151,153A 152,153A 152,153,153A 152,153,153A 152,153,153A US-50 US-50 US-50 /SR51/SR99 US-50 US-50 US-50 US-50 US-50 US-50 US-50 US-50 east of East Stockton Blvd-no services Lewis Stein to W Stockton Blvd to Michener north end of T-Lake east of Bruceville Rd-north side only corner of Old Calvine Road and East Stockton Blvd east of 55th Street west of Stockton Blvd east of East Parkway south of 47th Avenue north of Fruitridge by mortuary north of Fruitridge Road east of Franklin Blvd (north side only) between N and O Streets (east side only) between O and P Streets(east side only) between D and E Streets (no parking 8am -12pm) between C and D Streets (no parking 8am-12pm) between 28th & 29th south side only (no parking 8a-12p) just south of Response Road between Arden Way and Response Road right on Tribute Rd (Referred to as “1800 block of Tribute” between El Camino Avenue and Woolley Way north of El Camino Avenue just south of Auburn Blvd just east of Watt Avenue just east of Watt Avenue just south of Madison Avenue just south of Elkhorn IFO church north of Antelope Road north of Cirby Way west of Jefferson Blvd, south side-some diagonal parking east of Jefferson Blvd between X Street and Broadway between W and X Streets 65th Street Howe Avenue Watt Avenue Bradshaw Road Mather Field Road Zinfandel Drive Sunrise Blvd Sunrise Blvd South North South North South South North South 4th Avenue La Riviera Drive Manlove Road Business Park Drive Ramos Circle Quality Drive Zinfandel Drive Citrus Road just east of 65th Street under Howe Avenue just north of Folsom Blvd just east of Bradshaw Road north of Rockingham Drive just south of White Rock Road just west of Sunrise Blvd just south of Trade Center Drive 41 42 43 44 45 46 153,153A 153,153A 110 110 110 110 US-50 US-50 US-50 US-50 US-50 US-50 47 48 49 50 51 52 184,184A 184,184A 184,184A 106,108,108A 106,108,108A 106, 108, 108A I-80 I-80 I-80 I-5 I-5 I-5 53 54 55 56 57 58 59 60 106,108,108A 106,108,108A 106,108,108A 106,108A 108,108A 108, 108a 108,108A 10 I-5 I-5 I-5 I-5 I-5 I-5 I-5 I-80 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 10 10 10 10 10 10 10 281 265/281 281/265/291A 265,281,281A 281,281A 281,281A 281,281A 265/281 265/281 265/281 265 I-80 I-80 I-80 I-80 I-80 I-80 I-80 I-80 I-80 I-80 I-80 I-80 I-80 I-80 SR-65 SR-65 SR-65 SR-65 Hazel Avenue Latrobe/ElDorado Hills Blvd Cambridge Road Cameron Park Drive Cameron Park Drive Ponderosa Road/South Shingle Rd Northgate Blvd Norwood Avenue Raley/Marysville Blvd Laguna Blvd Laguna Blvd Pocket Road North South North South South South Tributary Lane Town Center Blvd Cameo Drive Coach Lane Strolling Hills Road Mother Lode Drive just south of Tributary Point Dr west of Latrobe Road north of Merrychase Drive east of Cameron Park Drive south of Coach Lane East of South Shilngle Road South North North East East East Rosin Court Jessie Avenue Bell Avenue Longport Drive Kausen Drive Amherst Street Florin Road Florin Road Sutterville Road Richards Blvd West El Camino Avenue West El Camino Avenue Del Paso Road Enterprise Blvd/West Capitol Avenue Harbor Blvd Harbor Blvd Reed Avenue Mace Blvd Mace Blvd Richards Blvd Richards Blvd Douglas Blvd Sierra College Blvd Sierra College Blvd Horseshoe Bar Road (Loomis) Penryn Road Newcastle Road SR-49 Stanford Ranch Road Blue Oaks Blvd Blue Oaks Blvd 12 Bridges Drive West East East East West West East South Secret River Drive South Land Park Drive Del Rio Road Bercut Drive Gateway Oaks Drive West El Camino Avenue Town Center Drive Lake Road west of Northgate Blvd west of Norwood Avenue south of Raley Blvd west of Harbour Point Blvd west of Harbour Point Blvd north of Pocket, west side past Home Depot driveway west of Greenhaven Drive north of Florin Road between 13th and 58th south of South Land Park Drive north of Richards Blvd north of West El Camino Avenue just west of Gateway Oaks, north side south of Del Paso Road west of Enterprise Blvd North North West South South South South East North North North North South North North South West East Halyard Drive Evergreen Avenue Stillwater Road Chiles Road Cowell Blvd Drew Ave. Cowell Blvd. Santa Clara Avenue Sierra College Blvd Sierra College Blvd Horseshoe Bar Rd Boyington Road Newcstle Road Garfield Street 5 Star Blvd Industrial Avenue Winding Creek Road East Joiner Road *FSP OPERATORS MUST BE AWARE OF CHANGING SAFETY AND PARKING CONDITIONS AT DROP-SITES. west of Harbor Blvd west of Harbor Blvd west of Harbor Pointe Place (south side only) east of Mace Blvd north and south side east and west of Mace Blvd East of Cowell Blvd. North of Drew Blvd. north of Douglas Bvld just north of Granite Dr Commons Dr Park and Ride North of light at Raley’s parallel to Penryn Rd at Indian Hill Rd just eAst of SR-49 south of Destiny Dr, west side of roadway at Packard Dr east of Foothills Blvd (no vehs over 6ft high) south of 12 Bridges past Chevron driveway (limited space) DO NOT LEAVE VEHICLES WHERE PARKING RESTRICTIONS MAY CAUSE A VEHICLE TO BE TOWED OR CITED. DO NOT DROP ON PRIVATE PROPERTY. NOTIFY D-UNITS OF CHANGING CONDITIONS. ATTACHMENT I EL DORADO COUNTY FREEWAY SERVICE PATROL SERVICE AREA I-1