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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549-1004
FORM 10-Q
/X/ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
FOR THE QUARTERLY PERIOD ENDED JUNE 30, 1998
OR
/ / TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
ENVIROTEST SYSTEMS CORP.
<TABLE>
<S> <C> <C>
DELAWARE 1-13241 06-0914220
- ------------------------------- ------------------------------- -------------------------------
(State or other jurisdiction (Commission (I.R.S. Employer
of incorporation) File Number) Identification Number)
ENVIROTEST TECHNOLOGIES, INC.
(Exact name of registrant as specified in its charter)
DELAWARE 36-2680300
- ------------------------------- -------------------------------
(State or other jurisdiction (I.R.S. Employer Identification
of incorporation or Number)
organization)
</TABLE>
246 SOBRANTE WAY
SUNNYVALE, CA 94086-4807
(Address of principal executive offices, including zip code, of registrants)
(408) 774-6300
(Registrants' telephone number, including area code)
Indicate by check mark whether the registrants (1) have filed all reports
required to be filed by Section 13 or 15(d) of the Securities Exchange Act of
1934 during the preceding 12 months (or for such shorter period that the
registrants were required to file such reports), and (2) have been subject to
such filing requirements for the past 90 days. Yes /X/ No / /
Indicate the number of shares outstanding of each of the issuer's classes of
common stock, as of the latest practicable date.
<TABLE>
<CAPTION>
OUTSTANDING AT
CLASS OF COMMON STOCK JUNE 30, 1998
- ------------------------------------ ---------------
<S> <C>
Class A Common Stock, $0.01 par 8,842,248
value shares
Class B Common Stock, $0.01 par 1,249,749
value shares
Class C Common Stock, $0.01 par 2,026,111
value shares
</TABLE>
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ENVIROTEST SYSTEMS CORP. AND SUBSIDIARIES
INDEX
<TABLE>
<S> <C> <C>
PART I. FINANCIAL INFORMATION PAGE NO.
Item 1. Financial Statements:
Condensed Consolidated Balance Sheets:
June 30, 1998 and September 30, 1997..................................... 3
Condensed Consolidated Statements of Operations:
three and nine months ended June 30, 1998 and 1997....................... 4
Condensed Consolidated Statements of Cash Flows:
nine months ended June 30, 1998 and 1997................................. 5
Notes to Condensed Consolidated Financial Statements..................... 6
Item 2. Management's Discussion and Analysis of
Financial Condition and Results of Operations............................ 9
PART II. OTHER INFORMATION
Item 1. Legal Proceedings........................................................ 14
Item 6. Exhibits and Reports on Form 8-K......................................... 16
SIGNATURES.......................................................................... 17
EXHIBIT INDEX....................................................................... 18
</TABLE>
2
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PART I. FINANCIAL INFORMATION
ITEM 1. FINANCIAL STATEMENTS
ENVIROTEST SYSTEMS CORP. AND SUBSIDIARIES
CONDENSED CONSOLIDATED BALANCE SHEETS
(AMOUNTS IN THOUSANDS)
ASSETS
<TABLE>
<CAPTION>
SEPTEMBER
30,
1997
JUNE 30, ------------
1998
------------
(UNAUDITED)
<S> <C> <C>
Current assets:
Cash and cash equivalents............................... $ 32,702 $ 18,685
Available-for-sale securities, net...................... 28,127 40,955
Contract receivables, net............................... 11,597 11,789
Prepaid and other current assets........................ 7,145 5,911
------------ ------------
Total current assets................................ 79,571 77,340
Restricted cash........................................... 19,122 19,567
Property, plant, and equipment, net....................... 203,056 188,342
Assets held under capital lease, net...................... 43,587 44,564
Assets held for sale, net................................. 11,868 21,482
Other assets.............................................. 25,665 28,438
------------ ------------
Total assets........................................ $ 382,869 $ 379,733
------------ ------------
------------ ------------
</TABLE>
LIABILITIES AND STOCKHOLDERS' DEFICIT
<TABLE>
<S> <C> <C>
Current liabilities:......................................
Accounts payable........................................ $ 2,780 $ 3,697
Accrued expenses and other current liabilities.......... 35,124 23,575
Current portion of long-term debt and capital lease
obligations........................................... 8,875 10,184
Income taxes payable.................................... 75 338
------------ ------------
Total current liabilities........................... 46,854 37,794
Senior debt, net.......................................... 274,331 274,531
Long-term debt............................................ 22,715 33,175
Other long-term liabilities and capital lease
obligations............................................. 53,678 58,609
------------ ------------
Total liabilities 397,578 404,109
------------ ------------
Stockholders' deficit:
Common stock............................................ 166 165
Additional paid-in capital.............................. 60,173 60,140
Treasury stock, at cost................................. (29,003 ) (29,003 )
Cumulative currency translation adjustment.............. (137 ) 43
Unrealized loss on available-for-sale securities........ (3 ) (8 )
Accumulated deficit..................................... (45,905 ) (55,713 )
------------ ------------
Total stockholders' deficit......................... (14,709 ) (24,376 )
------------ ------------
Total liabilities and stockholders' deficit......... $ 382,869 $ 379,733
------------ ------------
------------ ------------
</TABLE>
The accompanying notes are an integral part of the condensed consolidated
financial statements.
3
<PAGE>
ENVIROTEST SYSTEMS CORP. AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
(AMOUNTS IN THOUSANDS, EXCEPT PER SHARE DATA)
<TABLE>
<CAPTION>
THREE MONTHS ENDED NINE MONTHS ENDED JUNE
JUNE 30, 30,
-------------------- ----------------------
1998 1997 1998 1997
--------- --------- ---------- ----------
(UNAUDITED) (UNAUDITED)
<S> <C> <C> <C> <C>
Contract revenue................................................... $ 45,137 $ 36,909 $ 122,706 $ 101,803
Costs of revenue................................................... 25,454 23,619 74,612 74,048
--------- --------- ---------- ----------
Gross profit..................................................... 19,683 13,290 48,094 27,755
Operating costs and expenses:
Selling, general and administrative.............................. 5,572 4,688 14,321 13,967
Amortization..................................................... 583 520 1,774 1,861
Gain on Pennsylvania settlement.................................. -- (3,950) -- (3,950)
--------- --------- ---------- ----------
Income from operations 13,528 12,032 31,999 15,877
Other expense (income):
Interest expense................................................. 8,478 10,262 25,707 30,104
Interest income.................................................. (1,235) (2,381) (3,776) (6,571)
Other............................................................ 12 18 60 112
--------- --------- ---------- ----------
Income (loss) before income taxes.................................. 6,273 4,133 10,008 (7,768)
Income tax....................................................... 200 -- 200 --
--------- --------- ---------- ----------
Net Income (loss).................................................. $ 6,073 $ 4,133 $ 9,808 $ (7,768)
--------- --------- ---------- ----------
--------- --------- ---------- ----------
Net Income (loss) per share, basic................................. $ 0.50 $ 0.25 $ 0.81 $ (0.47)
--------- --------- ---------- ----------
Net Income (loss) per share, diluted............................... $ 0.40 $ 0.24 $ 0.67 $ (0.47)
--------- --------- ---------- ----------
Weighted average common shares outstanding......................... 12,116 16,620 12,113 16,620
--------- --------- ---------- ----------
--------- --------- ---------- ----------
Weighted average common shares outstanding and common equivalent
shares outstanding................................................ 15,216 17,241 14,542 16,620
--------- --------- ---------- ----------
--------- --------- ---------- ----------
</TABLE>
The accompanying notes are an integral part of the condensed consolidated
financial statements.
4
<PAGE>
ENVIROTEST SYSTEMS CORP. AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
(AMOUNTS IN THOUSANDS)
<TABLE>
<CAPTION>
NINE MONTHS ENDED JUNE
30,
----------------------
1998 1997
----------- ---------
(UNAUDITED)
<S> <C> <C>
Cash flows from operating activities:..................................................... $ 38,239 $ 10,836
----------- ---------
Cash flows from investing activities:
Purchases of available-for-sale securities.......................................... (155,887) (52,466)
Maturities of available-for-sale securities......................................... 168,710 7,991
Unrealized gains on available-for-sale securities................................... 5 3
Proceeds from sales of property, plant and equipment................................ 9,614 8,170
Purchases of property, plant and equipment.......................................... (30,866) (8,291)
----------- ---------
Net cash used in investing activities..................................................... (8,424) (44,593)
----------- ---------
Cash flows from financing activities:
Proceeds from sale of Pennsylvania receivable....................................... -- 79,405
Repayment of long term debt and capital leases...................................... (16,169) (6,350)
Capitalization of loan fees......................................................... -- (208)
Decrease in restricted cash......................................................... 445 1,432
Other............................................................................... -- 3
----------- ---------
Net cash provided by (used in) financing activities....................................... (15,724) 74,282
----------- ---------
Effect of exchange rate on cash........................................................... (74) 5
----------- ---------
Net increase in cash and cash equivalents................................................. 14,017 40,530
Cash and cash equivalents, beginning of period............................................ 18,685 53,104
----------- ---------
Cash and cash equivalents, end of period.................................................. $ 32,702 $ 93,634
----------- ---------
----------- ---------
</TABLE>
The accompanying notes are an integral part of the condensed consolidated
financial statements.
5
<PAGE>
ENVIROTEST SYSTEMS CORP. AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
1. BASIS OF PRESENTATION
The condensed consolidated financial statements included herein have been
prepared by Envirotest Systems Corp. (the "Company"), without audit, pursuant to
the rules and regulations of the Securities and Exchange Commission. Certain
information and footnote disclosures normally included in financial statements
prepared in accordance with generally accepted accounting principles have been
condensed or omitted pursuant to such rules and regulations. In the opinion of
management, all adjustments (consisting of normal recurring accruals) considered
necessary for a fair presentation have been included.
The accompanying condensed consolidated financial statements should be read
in conjunction with the Company's audited consolidated financial statements and
related footnotes included in the Company's Annual Report on Form 10-K for the
year ended September 30, 1997, filed with the Securities and Exchange
Commission.
Certain amounts in the consolidated financial statements have been
reclassified to conform with the current period's presentation. The
reclassification had no impact on previously reported net income (loss) or
stockholders' deficit.
Operating results for the interim periods shown in this report are not
necessarily indicative of the results to be expected for any other interim
period or the full fiscal year.
2. AVAILABLE-FOR-SALE SECURITIES
Available-for-sale securities primarily consist of corporate commercial
paper and certificates of deposit with original maturities beyond three months
and less than twelve months. These investments are carried at an amortized cost
that approximates fair value.
3. NET INCOME (LOSS) PER SHARE
Basic EPS is computed as net income (loss) divided by the weighted average
number of common shares outstanding for the period. Diluted EPS reflects the
potential dilution that could occur from common shares issuable through stock
options, warrants and other convertible securities. Common equivalent shares are
excluded from the computation of net loss per share if their effect is
anti-dilutive.
6
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ENVIROTEST SYSTEMS CORP. AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS (CONTINUED)
3. NET INCOME (LOSS) PER SHARE (CONTINUED)
The following is a reconciliation of the numerator- net income/(loss) and
the denominator- number of shares, used in the basic and diluted EPS calculation
(amounts in thousands except per share data):
<TABLE>
<CAPTION>
THREE MONTHS ENDED NINE MONTHS ENDED
JUNE 30, JUNE 30,
-------------------- --------------------
1998 1997 1998 1997
--------- --------- --------- ---------
<S> <C> <C> <C> <C>
Basic:
Net Income (loss)..................................................... $ 6,073 $ 4,133 $ 9,808 $ (7,768)
--------- --------- --------- ---------
--------- --------- --------- ---------
Weighted average common shares outstanding............................ 12,116 16,620 12,113 16,620
Basic EPS............................................................. $ 0.50 $ 0.25 $ 0.81 $ (0.47)
--------- --------- --------- ---------
--------- --------- --------- ---------
Diluted:
Weighted average common shares outstanding............................ 12,116 16,620 12,113 16,620
--------- --------- --------- ---------
Stock option common equivalents....................................... 3,100 621 2,429 --
Weighted average common shares outstanding and common equivalent
shares outstanding................................................... 15,216 17,241 14,542 16,620
--------- --------- --------- ---------
--------- --------- --------- ---------
Diluted EPS........................................................... $ 0.40 $ 0.24 $ 0.67 $ (0.47)
--------- --------- --------- ---------
--------- --------- --------- ---------
</TABLE>
Common equivalent shares of 642,000 for the nine months ended June 30, 1997
were excluded from the shares used to calculate diluted EPS as their effect is
anti-dilutive.
In September 1997, the Company purchased 4,388,091 shares of its Class A
Common Stock, par value $0.01 per share, at a price of $4.50 per share pursuant
to its "Dutch" auction tender offer.
4. LEGAL PROCEEDINGS
On May 8, 1998, the Company and the State of Connecticut entered into an
agreement (the "Agreement") settling the State's claims against the Company,
except for certain penalties unrelated to the settled claims which the parties
are to negotiate, and the Company's claims against the State. The Agreement
modifies the terms of the Company's existing vehicle inspection and safety
inspection contracts with the State to provide among other things, for the
Company to add five emissions inspection lanes to its existing network in lieu
of constructing an additional station as required under the existing contracts.
The Company previously disclosed that it had filed a demand for arbitration in
response to a decision by the Commissioner of the Department of Motor Vehicles
in February 1996 that the Company realized cost savings of $2.4 million, plus
interest until paid, in connection with certain changes under the Company's
contract to perform vehicle emissions testing services.
On October 8, 1997, Ganzcorp Investments, Inc., d/b/a Mustang Dynamometer,
filed suit against Envirotest in U.S. District Court for the Northern District
of Ohio alleging breach of contract in connection with Envirotest's termination
of its contract to supply the Company with chassis dynamometers and alleging
damages in excess of $10 million. The Company filed an answer and counterclaim
on October 28, 1997, denying the material allegations of the complaint,
asserting defenses based on, among other things, the clause in the contract
permitting termination for convenience by Envirotest and asserting counterclaims
in the amount of $7.9 million for breaches of warranty and contract by Mustang.
On February 28, 1998, the parties entered into a Mediation Agreement providing
for, among other things, a mediation conference on July 28, 1998. While the
parties continue to discuss settlement of the matter, the
7
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ENVIROTEST SYSTEMS CORP. AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS (CONTINUED)
4. LEGAL PROCEEDINGS (CONTINUED)
Company is unable to predict the outcome of these discussions. The Company
intends to vigorously defend against Ganzcorp's claims and to pursue
Envirotest's counterclaims. The Company believes that any judgment against the
Company will not have a material adverse effect on its financial position and
results of operations.
On July 31, 1998, the Company received approximately $12.7 million from the
Commonwealth of Pennsylvania in payment of the final installment due to the
Company under the Settlement Agreement, dated December 15, 1995 (the "Settlement
Agreement"), between the Company and the Commonwealth. The Settlement Agreement
required the Company to utilize its best efforts to dispose of the assets it
acquired to perform vehicle emissions testing services in Pennsylvania. Under
the terms of the Settlement Agreement, if the net proceeds received by the
Company was less than $55 million, the Commonwealth was required to pay the
Company fifty percent of the difference up to $11 million, plus interest at 6%
from December 15, 1995. Each of the Company and Commonwealth has now satisfied
all obligations due to the other under the Settlement Agreement.
R.W. Granger & Sons filed a Demand for Arbitration in the East Hartford,
Connecticut, office of the American Arbitration Association in September 1996
alleging breach of contract and failure to pay amounts due Granger in connection
with the construction of certain of the Company's testing facilities in the
State of Connecticut. On December 29, 1997, Granger filed a complaint in State
Superior Court in the Judicial District of Hartford/New Britain at New Britain
alleging that the Company's failure to pay amounts due to Granger is an unfair
trade practice under the Connecticut Unfair Trade Practices Act. The Arbitrators
awarded Granger approximately $495,000, including the costs of the Arbitration,
in a decision rendered on August 12, 1998. Granger was claiming damages of
approximately $2.0 million in its Demand for Arbitration. The Company intends to
vigorously defend against Granger's remaining claim in State Superior Court. The
Company believes that any judgment against the Company with respect to the
remaining claim will not have a material adverse effect on its financial
position and results of operations.
On November 22, 1997, the Denver District Court granted the Company's Motion
to Dismiss a class action complaint filed by Timothy Dore on behalf of all
persons who paid to have a vehicle tested in the Company's metro Denver
facilities from January 2, 1995 to present. The complaint alleged breach of
contractual obligation to the class and the negligent performance of emissions
testing under the Company's contract with the State of Colorado. On January 6,
1998, Dore filed an appeal in the State of Colorado Court of Appeals from the
trial court's order of dismissal. On June 1, 1998 Dore filed a motion to dismiss
the appeal and on June 15, 1998 the State of Colorado Court of Appeals granted
the motion to dismiss the appeal with prejudice. On June 1, 1998, the attorneys
for Dore filed a new class action complaint in the Boulder District Court. The
new complaint has replaced Timothy Dore with two new representative Plaintiffs,
Jay Sherrit and Arthur D. Gonzales, and the new complaint is brought on behalf
of virtually the identical class. Although the new complaint purports to state
new causes of action, it alleges claims for breach of contract and negligence
which are similar to Dore's class action complaint. On June 23, 1998 the Company
filed a Motion to Change Venue to the Denver District Court. The Company intends
to vigorously defend against Plaintiff's claims. The Company believes that any
judgment obtained against the Company will not have a material adverse effect on
its financial position and results of operations.
In addition to the above, the Company is a party to various other legal
proceedings and claims in the ordinary course of business. Although the claims
cannot be estimated, in the opinion of management the resolution of these
matters will not have a material adverse effect on the Company's consolidated
financial position and results of operations.
8
<PAGE>
ITEM 2.
MANAGEMENT'S DISCUSSION AND ANALYSIS
OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS
GENERAL
Envirotest is the leading provider of vehicle emissions inspection and
maintenance programs in the $1.05 billion U.S. vehicle emissions testing market.
The market has traditionally consisted of two types of programs: centralized
test-only programs where emissions tests are conducted by private contractors or
government agencies, and decentralized programs where tests are performed by gas
stations and garages. The Company is the most experienced operator in the $250
million centralized market segment, where it has tested more than 150 million
vehicles since its inception. The Company is implementing a strategy to
penetrate the $800 million decentralized market segment through (i) strategic
alliances with retail gasoline distribution companies and other companies with
strong brand identity, and (ii) commercialization of its proprietary remote
sensing technology, which can unobtrusively measure the emissions of up to 4,000
moving vehicles per hour. The Company has also established a presence, in
conjunction with strategic local partners, to participate in the expanding
international market for vehicle testing services.
The Company conducts its current operations directly and through its
principal wholly owned subsidiaries, Envirotest Technologies, Inc., Envirotest
Illinois, Inc., Envirotest Wisconsin, Inc. and Envirotest Systems Corp., a
Washington corporation. The Company's British Columbia, Canada operations are
conducted through a British Columbia partnership, Envirotest Canada, which is
wholly-owned by the Company (through its subsidiaries).
Certain sections of this Form 10-Q, including "Management's Discussion and
Analysis of Financial Condition and Results of Operations", contain various
forward looking statements within the meaning of Section 21E of the Securities
Exchange Act of 1934, which represent the Company's expectations or beliefs
concerning future events. The Company cautions that these statements are further
qualified by important factors that could cause actual results to differ
materially from those in the forward looking statements. Such factors include,
without limitation, general economic conditions, pending legislation and the
cyclical nature of the vehicle emission testing industry. The forward looking
statements include, without limitation, the amounts of reserves recognized, the
amount of revenue that will be generated under a contract, the total capital
expenditure requirement of a program, statements regarding the commencement of
operations for a particular test site or of a particular program, the number of
annual tests, the types of I/M testing programs to be adopted by states,
regulatory and market changes, the growth in markets in which the Company
operates, the areas of potential growth that the Company has identified, the
value of contracts, renewals of contracts, amount spent in enhancements and
other maintenance capital expenditures, expected realizations of backlog, the
success of the remote sensing technology and its utilization in the future,
ultimate outcome of pending litigation and the Company's success in foreign
jurisdictions.
RECENT DEVELOPMENTS
On November 18, 1997, the Company entered into an agreement with the City of
New York to conduct a pilot testing program using its remote sensing technology
in New York City. The three-week program was conducted during May 1998 and
gathered emissions data on vehicles entering the city.
On December 30, 1997 and January 23, 1998, the Company entered into
agreements for the lease of eight remote sensing units in Taiwan. The agreements
provide for four units each to be leased to two Taiwanese companies for the
purpose of collecting fleet emissions data under their contracts with the
Taiwanese government. The data will be used to determine the technology's most
appropriate role in future pollution abatement programs in the cities of Taipei
and Kaohsiung and their surrounding areas.
9
<PAGE>
The value of the six-month leases and related engineering services provided by
the Company totaled $850,000 in revenues.
On April 13, 1998, the Company entered into an agreement with the Atlantic
Richfield Company ("ARCO") to operate up to 80 test-only emissions stations in
the Southern California counties of Los Angeles, Orange, Riverside, San
Bernardino, San Diego and Ventura. Envirotest will operate the stations under
ARCO's "SMOGPROS Test-Only" trademark. The Company expects to open the initial
40-station network in ten-station increments. The first stations opened in July
1998. Additional increments of ten stations are expected to open every 60-90
days thereafter. The agreement has an initial term of ten years and an option
for Envirotest to extend for an additional five years.
On April 22, 1998, the Company entered into an agreement with the State of
Minnesota to extend its contract with the State for one year to June 30, 1999.
The Company conducts approximately one million tests each year in Minnesota, and
generated revenue of approximately $7.0 million in fiscal 1997.
On May 1, 1998, the Company exercised its right to extend its contracts with
the State of Tennessee and the Metropolitan Government of Nashville and Davidson
County to June 30, 2001. The Company performs approximately 730,000 paid tests
each year in Tennessee, and generated revenue of approximately $3.6 million in
fiscal 1997.
On June 18, 1998, the Company signed a contract with the State of Kentucky
to conduct centralized emissions testing in three Northern counties following a
competitive procurement. It is expected that 140,000 tests per year will be
performed generating $23 million over the operational term of the contract that
begins in June 1999 and ends in June 2008. The State has advised the Company
that one of the participants in the procurement has filed a protest. Until the
protest is resolved, the Company will not make any significant expenditures
toward the program. The Company is not able to predict the outcome of the
protest.
On July 2, 1998, the Company entered into a Sponsorship Agreement with
WorldCom Technologies, Inc. ("WorldCom") pursuant to which the Company intends
to advertise a long distance telephone program offered by WorldCom in certain of
the Company's vehicle emissions testing facilities. WorldCom will rebate the
vehicle emissions test fees paid by eligible motorists who sign up for WorldCom
services. The Company is to receive a percentage of the revenue paid to
WorldCom.
RESULTS OF OPERATIONS
Contract revenues increased to $45.1 million in fiscal third quarter 1998
from $36.9 million in fiscal third quarter 1997, an increase of $8.2 million or
22.3%. For the nine months ended June 30, 1998, contract revenues were $122.7
million, an increase of $20.9 million, or 20.5%, over contract revenues of
$101.8 million for the corresponding period in fiscal 1997. The increase in
contract revenues in fiscal third quarter 1998 as compared to fiscal third
quarter 1997 was attributable to several factors including the extended contract
in Illinois, increased paid test volume, and contractual fee increases.
The increase in contract revenues of $20.9 million for the nine months ended
June 30, 1998 over the same period in the prior fiscal year resulted primarily
from the factors discussed above and new emissions and safety contracts in
Indiana and Connecticut, respectively.
Gross profit increased to $19.7 million in fiscal third quarter 1998 from
$13.3 million in fiscal third quarter 1997, an increase of $6.4 million, or
48.1%. As a percentage of contract revenues, gross profit increased to 43.6% in
fiscal third quarter 1998 from 36.0% in fiscal third quarter 1997, an absolute
increase of 7.6%. These increases were primarily attributable to increased
revenues and continued improvements in operational efficiencies.
For the nine months ended June 30, 1998, gross profit increased to $48.1
million from $27.8 million for the corresponding period in fiscal 1997, an
increase of $20.3 million or 73.3%. As a percentage of
10
<PAGE>
contract revenues, gross profit increased to 39.2% from 27.3% in the
corresponding period in fiscal 1997, an absolute increase of 11.9%. These
increases were attributable to the same factors as for the fiscal third quarter
discussed above, and the reduction in the deferred charge amortization.
Selling, general and administrative ("SG&A") expenses increased to $5.6
million in fiscal third quarter 1998 from $4.7 million in fiscal third quarter
1997, an increase of $.9 million or 18.9%. This increase was primarily
attributable to the Company's review of strategic alternatives to enhance its
business potential and shareholder value. As a percentage of contract revenues,
SG&A expenses decreased to 12.3% in fiscal third quarter 1998 from 12.7% in
fiscal third quarter 1997, an absolute decrease of 0.4%.
For the nine months ended June 30, 1998, SG&A increased to $14.3 million
from $14.0 million for the corresponding period in fiscal 1997, an increase of
$.3 million or 2.5%. As a percentage of contract revenues, SG&A expenses
decreased to 11.7% for the nine months ended June 30, 1998 from 13.7% for the
corresponding period in 1997, an absolute decrease of 2.0%.
Income from operations increased to $13.5 million in fiscal third quarter
1998 from $12.0 million in fiscal third quarter 1997, an increase of $1.5
million. Income from operations as a percentage of contract revenues decreased
to 30.0% in fiscal third quarter 1998 from 32.6% in fiscal third quarter 1997,
an absolute decrease of 2.6%. For the nine months ended June 30, 1998 income
from operations increased to $32.0 million from $15.9 million for the
corresponding period in fiscal 1997. Income from operations as a percentage of
contract revenues increased to 26.1% in the nine months ended June 30, 1998 from
15.6% in the nine months ended June 30, 1997, an absolute increase of 10.5%. The
increase for the third fiscal quarter 1998 and nine months ended June 30, 1998
is primarily attributable to increases in revenue and improvements in gross
profit margins.
Interest expense decreased to $8.5 million in fiscal third quarter 1998 from
$10.3 million in fiscal third quarter 1997, a decrease of $1.8 million. For the
nine months ended June 30, 1998, interest expense decreased to $25.7 million
from $30.1 million in the corresponding period of the prior year, a decrease of
$4.4 million. This decrease in interest expense primarily resulted from the
repurchase of $50 million aggregate principal amount of the Company's 9 1/8%
Senior Notes completed in September 1997 and prepayment of debt associated with
a project financing.
Interest income decreased to $1.2 million in fiscal third quarter 1998 from
$2.4 million in fiscal third quarter of 1997, a decrease of $1.2 million. For
the nine months ended June 30, 1998, interest income decreased to $3.8 million
compared to $6.6 million in the corresponding period of the prior year, a
decrease of $2.8 million. The decrease in interest income was primarily
attributable to the lower levels of interest bearing investments resulting from
the application of cash in connection with the Company's debt repurchase and
stock buyback for $79.0 million completed in September 1997.
Provision for income taxes increased to $0.2 million in fiscal third quarter
1998 from $0.0 million in fiscal third quarter 1997. The increase is
attributable to federal and state alternative minimum taxes in the fiscal third
quarter 1998. The tax provision for the nine months ended June 30, 1998 was $0.2
million, an effective tax rate of 2%. The effective tax rate is less than the
federal statutory tax rate due to the utilization of net operating losses. There
was no income tax credit on the pretax loss for the fiscal third quarter 1997
and the nine months ended June 30, 1997 as a result of recording a valuation
allowance to fully reserve the net deferred tax asset.
Net income was $6.1 million in fiscal third quarter 1998 compared to a net
income of $4.1 million in fiscal third quarter 1997, an increase of $2.0
million. For the nine months ended June 30, 1998, net income was $9.8 million
compared to a net loss of $7.8 million for the corresponding period in fiscal
1997, an increase of $17.6 million.
11
<PAGE>
LIQUIDITY, CAPITAL RESOURCES AND COMMITMENTS
Cash and cash equivalents, available-for-sale securities and restricted cash
increased to $80.0 million at June 30, 1998 from $79.2 million at September 30,
1997. The increase of $0.8 million was primarily a result of approximately $38.2
million in cash provided by operations, offset by the repayment of debt
obligations and capital lease payments of $16.2 million, included in cash used
in financing activities, and construction progress payments of $21.2 million,
net of assets sales of $9.6 million, included in cash used in investing
activities.
The Company's primary uses of cash are the funding of the Company's capital
expenditure requirements, payments on capital and operating leases, principal
and interest payments, and other working capital needs. The Company's capital
and operating leases currently require minimum lease payments of approximately
$15.0 million in fiscal year 1998, decreasing to approximately $12.0 million in
the year 2000 and further decreasing thereafter as certain leases are scheduled
to expire.
The Company's capital expenditures include maintenance capital expenditures
for existing facilities, and development and construction expenditures for new
emissions facilities. The Company's development and construction capital
expenditures are dependent on the number of contracts it is awarded, and are
only incurred after the contract has been signed. After signing a contract, the
Company may incur significant development and construction expenditures, which
the Company expects to finance with existing cash resources, internally
generated funds, additional borrowings and alternative financing sources,
including leasing alternatives. It generally takes one to two years after a
contract has been signed for a program to begin operations and generate
revenues, depending on the size of the program.
The Company's principal commitments at June 30, 1998 consist of capital
expenditure requirements to complete the implementation of the Illinois program
estimated at $3.4 million, net of the $26.9 million in payments from the state.
During the remainder of fiscal 1998, the Company intends to spend approximately
$2.9 million in a new business initiative, program enhancements and other
maintenance capital expenditures.
The Company believes that its existing cash resources, cash generated from
operations and alternative financing sources, including leasing alternatives,
will be sufficient to complete implementation of the Illinois program and the
newly awarded Kentucky program, assuming successful resolution of the pending
protest, and to meet its liquidity requirements for the foreseeable future.
RECENT ACCOUNTING PRONOUNCEMENTS
In June 1997, the FASB issued SFAS No. 130, "Reporting Comprehensive
Income." This Statement establishes standards for reporting and displaying
comprehensive income and its components in the consolidated financial
statements. It does not, however, require a specific format for the statement,
but requires the Company to display an amount representing total comprehensive
income for the period in that financial statement. This Statement is effective
for the Company's 1999 fiscal year. The Company believes the adoption will have
no material impact on the financial statements.
In June 1997, the FASB issued SFAS No. 131, "Disclosures about Segments of
an Enterprise and Related Information." The Statement establishes standards for
how public business enterprises are to report information about operating
segments in annual financial statements and requires those enterprises to report
selected information about operating segments in interim financial reports
issued to shareholders. This Statement is effective for the Company's 1999
fiscal year. The Company does not believe it currently has any separately
reportable segments.
YEAR 2000 COMPLIANCE
Like many companies, the Company is reliant on technology to deliver
services to its customers. During 1998, the Company will utilize internal and
external resources to identify, correct or reprogram and
12
<PAGE>
test its computer systems for year 2000 compliance. The "Year 2000" problem is
the result of computer programs being written using two digits rather than four
to define the applicable year. Any of the Company's programs that have date
sensitive software may recognize a date using "00" as the year 1900 rather than
the year 2000. The Company expects to replace some systems and modify others as
part of this process. Based on preliminary assessments at this time, the Company
does not expect to incur significant operating expenses or be required to invest
heavily in computer system improvements in order to be year 2000 compliant.
However, there can be no assurance that the systems of other companies on which
the Company's operations rely will also be converted in a timely manner, or that
any such failure to convert by another company will not have adverse effect on
the Company's operations.
13
<PAGE>
PART II. OTHER INFORMATION
ITEM 1. LEGAL PROCEEDINGS
On May 8, 1998, the Company and the State of Connecticut entered into an
agreement (the "Agreement") settling the State's claims against the Company,
except for certain penalties unrelated to the settled claims which the parties
are to negotiate, and the Company's claims against the State. The Agreement
modifies the terms of the Company's existing vehicle inspection and safety
inspection contracts with the State to provide among other things, for the
Company to add five emissions inspection lanes to its existing network in lieu
of constructing an additional station as required under the existing contracts.
The Company previously disclosed that it had filed a demand for arbitration in
response to a decision by the Commissioner of the Department of Motor Vehicles
in February 1996 that the Company realized cost savings of $2.4 million, plus
interest until paid, in connection with certain changes under the Company's
contract to perform vehicle emissions testing services.
On October 8, 1997, Ganzcorp Investments, Inc., d/b/a Mustang Dynamometer,
filed suit against Envirotest in U.S. District Court for the Northern District
of Ohio alleging breach of contract in connection with Envirotest's termination
of its contract to supply the Company with chassis dynamometers and alleging
damages in excess of $10 million. The Company filed an answer and counterclaim
on October 28, 1997, denying the material allegations of the complaint,
asserting defenses based on, among other things, the clause in the contract
permitting termination for convenience by Envirotest and asserting counterclaims
in the amount of $7.9 million for breaches of warranty and contract by Mustang.
On February 28, 1998, the parties entered into a Mediation Agreement providing
for, among other things, a mediation conference on July 28, 1998. While the
parties continue to discuss settlement of the matter, the Company is unable to
predict the outcome of these discussions. The Company intends to vigorously
defend against Ganzcorp's claims and to pursue Envirotest's counterclaims. The
Company believes that any judgment against the Company will not have a material
adverse effect on its financial position and results of operations.
On July 31, 1998, the Company received approximately $12.7 million from the
Commonwealth of Pennsylvania in payment of the final installment due to the
Company under the Settlement Agreement, dated December 15, 1995 (the "Settlement
Agreement"), between the Company and the Commonwealth. The Settlement Agreement
required the Company to utilize its best efforts to dispose of the assets it
acquired to perform vehicle emissions testing services in Pennsylvania. Under
the terms of the Settlement Agreement, if the net proceeds received by the
Company was less than $55 million, the Commonwealth was required to pay the
Company fifty percent of the difference up to $11 million, plus interest at 6%
from December 15, 1995. Each of the Company and Commonwealth has now satisfied
all obligations due to the other under the Settlement Agreement.
R.W. Granger & Sons filed a Demand for Arbitration in the East Hartford,
Connecticut, office of the American Arbitration Association in September 1996
alleging breach of contract and failure to pay amounts due Granger in connection
with the construction of certain of the Company's testing facilities in the
State of Connecticut. On December 29, 1997, Granger filed a complaint in State
Superior Court in the Judicial District of Hartford/New Britain at New Britain
alleging that the Company's failure to pay amounts due to Granger is an unfair
trade practice under the Connecticut Unfair Trade Practices Act. The Arbitrators
awarded Granger approximately $495,000, including the costs of the Arbitration,
in a decision rendered on August 12, 1998. Granger was claiming damages of
approximately $2.0 million in its Demand for Arbitration. The Company intends to
vigorously defend against Granger's remaining claim in State Superior Court. The
Company believes that any judgment against the Company with respect to the
remaining claim will not have a material adverse effect on its financial
position and results of operations.
On November 22, 1997, the Denver District Court granted the Company's Motion
to Dismiss a class action complaint filed by Timothy Dore on behalf of all
persons who paid to have a vehicle tested in the
14
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Company's metro Denver facilities from January 2, 1995 to present. The complaint
alleged breach of contractual obligation to the class and the negligent
performance of emissions testing under the Company's contract with the State of
Colorado. On January 6, 1998, Dore filed an appeal in the State of Colorado
Court of Appeals from the trial court's order of dismissal. On June 1, 1998 Dore
filed a motion to dismiss the appeal and on June 15, 1998 the State of Colorado
Court of Appeals granted the motion to dismiss the appeal with prejudice. On
June 1, 1998, the attorneys for Dore filed a new class action complaint in the
Boulder District Court. The new complaint has replaced Timothy Dore with two new
representative Plaintiffs, Jay Sherrit and Arthur D. Gonzales, and the new
complaint is brought on behalf of virtually the identical class. Although the
new complaint purports to state new causes of action, it alleges claims for
breach of contract and negligence which are similar to Dore's class action
complaint. On June 23, 1998 the Company filed a Motion to Change Venue to the
Denver District Court. The Company intends to vigorously defend against
Plaintiff's claims. The Company believes that any judgment obtained against the
Company will not have a material adverse effect on its financial position and
results of operations.
In addition to the above, the Company is a party to various other legal
proceedings and claims in the ordinary course of business. Although the claims
cannot be estimated, in the opinion of management the resolution of these
matters will not have a material adverse effect on the Company's consolidated
financial position and results of operations.
ITEM 5. OTHER INFORMATION
On August 12, 1998, the Company entered into a merger agreement pursuant to
which Stone Rivet, Inc., a Delaware corporation ("Purchaser"), will commence a
tender offer for all of the issued and outstanding shares of the Company's Class
A Common Stock for $266.3 million in cash, or $17.25 per share, plus the
assumption of approximately $275 million in net debt. The Class B and Class C
shares of the Company's Common Stock are convertible by the holders thereof into
shares of Class A Common Stock on a one-for-one basis and thus may be tendered
as well. The tender offer will expire on September 30, 1998, and will be
conditioned (the "Minimum Condition"), among other things, upon the tender of at
least 90 percent of the outstanding shares of the Company's Class A Common Stock
(assuming conversion of all Class B and Class C shares into shares of Class A
Common Stock). Certain stockholders of the Company have agreed to tender
approximately 50 percent of the outstanding shares into the offer. If the
Minimum Condition is not satisfied, the transaction will be completed pursuant
to a merger. Purchaser is a wholly owned indirect subsidiary of Newmall Limited,
a U.K. company. Newmall Limited is controlled by the Alchemy Investment Plan, an
investment consortium, which is advised by Alchemy Partners.
15
<PAGE>
ITEM 6. EXHIBITS AND REPORTS ON FORM 8-K
(a) Exhibits
<TABLE>
<S> <C>
EMPLOYMENT AGREEMENTS
(10.127) Confidential Severance Agreement and General Release made as of May 15,
1998, by and between Mark Frost and Envirotest Systems Corp.
(10.128) Employment Agreement made as of the 4th day of June 1998 by and between
John Pachuta and Envirotest Systems Corp.
(10.129) Amendment of the Separation, Release and Waiver Agreement, dated as of
September 30, 1997, and first amended as of April 20, 1998, by and between
C. Michael Alston and Envirotest Systems Corp., made as of the 4th day of
June 1998.
(10.130) Amendment of the Employment Agreement dated as of January 1, 1993, by and
between Chester C. Davenport and Envirotest Systems Corp., made as of the
4th day of June 1998.
(10.131) Amendment of the Employment Agreement dated as of January 1, 1996, and
first amended as of April 21, 1998, by and between Raj G. Modi and
Envirotest Systems Corp., made as of the 4th day of June 1998.
(10.132) Consulting Agreement made as of the 4th day of June 1998 by and between Raj
G. Modi and Envirotest Systems Corp.
MATERIAL CONTRACTS
(10.133) Change Order for Services ("Change Order") issued by the Ohio Environmental
Protection Agency ("OEPA"), by its Director to Envirotest Systems Corp.
("Contractor") changes and restates (1) a Contract for Services between the
Parties for an Automobile Inspection and Maintenance Program in Cuyahoga
County dated April 25, 1995, ("Zone 4 Contract"); (2) an Amended Contract
for Services between the Parties for Summit, Portage, Medina, Lake, Lorain,
and Geauga Counties dated April 25, 1995, ("Zone 1 Contract"); and (3) a
Contract for Services between the Parties for Montgomery, Clark, and Greene
Counties dated October 24, 1994, ("Zone 2 Contract").
(10.134) First and Second Amendments dated October 20, 1997 and May 8, 1998,
respectively, of the Contract between the State of Connecticut and
Envirotest Systems Corp. for the Establishment and Operation of Motor
Vehicle Inspection Program Facilities for the State of Connecticut.
(10.135) Agreement made by and between Envirotest Systems Corp. and the State of
Connecticut, Department of Motor Vehicles dated May 8, 1998.
(10.136) Contract for the Provision and Operation of an Improved Basis Vehicle
Inspection Maintenance Program in Boone, Campbell, and Kenton Counties in
Kentucky, and Specifically for the Provision and Operation of a Vehicle
Emissions Testing Facility in Each of the Three Counties, effective as of
July 1, 1998 by and between Envirotest Systems Corp. and the Commonwealth
of Kentucky, and Addendums 1-3 thereto.
(27) Financial Data Schedule
</TABLE>
(b) Reports on Form 8-K
1. The Company filed a report on Form 8-K on May 7, 1998, reporting that
the Company is exploring strategic alternatives to maximize shareholder
value.
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<PAGE>
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrants have duly caused their report to be signed on their behalf by the
undersigned thereunto duly authorized.
<TABLE>
<S> <C> <C>
ENVIROTEST SYSTEMS CORP.
(REGISTRANT)
ENVIROTEST TECHNOLOGIES, INC.
(REGISTRANT)
Date: Aug. , 1998 /s/ F. ROBERT MILLER
---------------------------------------------
F. Robert Miller
PRESIDENT AND CHIEF EXECUTIVE OFFICER
Date: Aug. , 1998 /s/ RAJ MODI
---------------------------------------------
Raj Modi
VICE PRESIDENT, CHIEF FINANCIAL OFFICER,
TREASURER AND ASSISTANT SECRETARY
(PRINCIPAL FINANCIAL OFFICER)
</TABLE>
17
<PAGE>
ENVIROTEST SYSTEMS CORP.
EXHIBIT INDEX
<TABLE>
<S> <C>
EXHIBIT
NUMBER:
EMPLOYMENT AGREEMENTS
(10.127) Confidential Severance Agreement and General Release made as of May 15,
1998, by and between Mark Frost and Envirotest Systems Corp.
(10.128) Employment Agreement made as of the 4th day of June 1998 by and between
John Pachuta and Envirotest Systems Corp.
(10.129) Amendment of the Separation, Release and Waiver Agreement, dated as of
September 30, 1997, and first amended as of April 20, 1998, by and between
C. Michael Alston and Envirotest Systems Corp., made as of the 4th day of
June 1998.
(10.130) Amendment of the Employment Agreement dated as of January 1, 1993, by and
between Chester C. Davenport and Envirotest Systems Corp., made as of the
4th day of June 1998.
(10.131) Amendment of the Employment Agreement dated as of January 1, 1996, and
first amended as of April 21, 1998, by and between Raj G. Modi and
Envirotest Systems Corp., made as of the 4th day of June 1998.
(10.132) Consulting Agreement made as of the 4th day of June 1998 by and between Raj
G. Modi and Envirotest Systems Corp.
MATERIAL CONTRACTS
(10.133) Change Order for Services ("Change Order") issued by the Ohio Environmental
Protection Agency ("OEPA"), by its Director to Envirotest Systems Corp.
("Contractor") changes and restates (1) a Contract for Services between the
Parties for an Automobile Inspection and Maintenance Program in Cuyahoga
County dated April 25, 1995, ("Zone 4 Contract"); (2) an Amended Contract
for Services between the Parties for Summit, Portage, Medina, Lake, Lorain,
and Geauga Counties dated April 25, 1995, ("Zone 1 Contract"); and (3) a
Contract for Services between the Parties for Montgomery, Clark, and Greene
Counties dated October 24, 1994, ("Zone 2 Contract").
(10.134) First and Second Amendments dated October 20, 1997 and May 8, 1998,
respectively, of the Contract between the State of Connecticut and
Envirotest Systems Corp. for the Establishment and Operation of Motor
Vehicle Inspection Program Facilities for the State of Connecticut.
(10.135) Agreement made by and between Envirotest Systems Corp. and the State of
Connecticut, Department of Motor Vehicles dated May 8, 1998.
(10.136) Contract for the Provision and Operation of an Improved Basis Vehicle
Inspection Maintenance Program in Boone, Campbell, and Kenton Counties in
Kentucky, and Specifically for the Provision and Operation of a Vehicle
Emissions Testing Facility in Each of the Three Counties, effective as of
July 1, 1998 by and between Envirotest Systems Corp. and the Commonwealth
of Kentucky, and Addendums 1-3 thereto.
(27) Financial Data Schedule
</TABLE>
18
<PAGE>
CONFIDENTIAL SEVERANCE AGREEMENT AND GENERAL RELEASE
This Agreement ("Agreement") made as of the 15 day of May, 1998 (the
"Effective Date"), by and between MARK D. FROST, having an address at 21
Piedmont Court, Piedmont, CA 94611 ("Frost"), and ENVIROTEST SYSTEMS CORP., a
Delaware corporation, with principal offices at 246 Sobrante Way, Sunnyvale,
California, 94086, all affiliates and parents, including but not limited to,
ENVIROTEST TECHNOLOGIES, INC. (hereinafter collectively referred to as the
"Company").
RECITALS
WHEREAS, the Company and Frost desire to enter into an agreement to set
forth the terms of Frost's separation from the Company and a release of claims.
NOW THEREFORE, in return for the promises, consideration, mutual covenants,
agreements, and conditions provided for in this Agreement, the receipt and
adequacy of which are hereby acknowledged by the parties, and intending to be
legally bound, Frost and the Company hereby agree as follows:
COVENANTS
1. In consideration of the execution of this Agreement and the release
and waiver contained herein, the Company agrees that:
a. The Company shall provide Frost with salary continuation, which
would not otherwise be paid, at his present rate of pay for nine
(9) months from the date of his resignation, payable in
accordance with the Company's regular payroll schedule and
practices. The Company will deduct taxes and make other
deductions required for wages by state and federal law.
b. Company will pay Frost for his earned and unused vacation time,
minus required and authorized withholding deductions, which Frost
agrees is the total amount of earned and unused vacation time due
and owing to Frost as of the date of resignation of his
employment, and that no further vacation time shall be earned
after that date.
c. Frost and his dependents will receive family medical, dental,
disability and life insurance coverage and executive medical
reimbursement identical to those provided by the Company to its
vice presidents, at Company expense, through February 15, 1999.
Pursuant to the Consolidated Omnibus Budget Reconciliation Act of
1985, from and after February 15, 1999, Frost will continue to be
eligible for coverage under the Company's group medical,
<PAGE>
dental and life plans for as long as permitted by applicable law,
but he will be personally responsible for the payment of all
premiums due under such plans. Frost may at any time convert his
group medical and dental benefits to an individual policy. The
Company will provide Frost with all necessary forms to convert
such policies and will give Frost notice of the amount necessary
to continue premiums on the group medical plans and notice of his
option to convert the plans into individual plans.
d. In the event of Frost's death prior to payment of the benefits
set forth in Paragraphs 1(a) and 1(b) above, all remaining
compensation and benefits described therein will be provided to
Frost's wife, Silvia Frost, if she survives him. If not, all
payment obligations under those paragraphs will be made to
Frost's estate.
e. Frost's participation, if any, in any employee benefit or
retirement plans will be determined by the terms of those plans,
or as otherwise required by law.
f. Pursuant to action taken by the Compensation Committee of the
Board of Directors of the Company, Frost has been granted
incentive stock options to purchase 90,000 shares of Class A
Common Stock of Envirotest Systems Corp. under the Envirotest
Systems Corp. Stock Option Plan. Of the 90,000 shares subject to
option, 15,000 options (the "Vested Options") have vested under a
Stock Option Agreement dated October 24, 1996 (the "October
Agreement"). The Company hereby (i) agrees that the Vested
Options may be exercised in accordance with the terms of the
October Agreement, and (ii) amends the October Agreement to
provide that Frost shall have the full ten-year term of the
October Agreement to exercise the Vested Options. All other
options granted to Frost, including the remaining options granted
under the October Agreement and options granted under an option
agreement dated January 14, 1998, are hereby canceled.
g. In addition to the benefits described elsewhere in this
Agreement, the Company agrees:
(i) To permit Frost to participate in an employee loan or
other financial assistance program, if any, established by
the Company and made available to all Envirotest employees
in connection with the exercise of Envirotest stock
options. Frost acknowledges and agrees that (1) such
program does not currently exist, (2) the Company is under
no obligation to establish any such program, and (3) the
Company does
2
<PAGE>
not represent, warrant or covenant that any such
program will ever be established.
(ii) To permit Frost to keep permanently the laptop computer
issued to him by Envirotest (including reasonable
peripherals such as the printer and docking station).
(iii) To permit Frost to keep permanently the cellular telephone
issued to him by Envirotest and currently in his
possession.
(iv) To provide to Frost Outplacement Services (not-to-exceed
$1,500.00 in the aggregate) to assist him in obtaining
employment.
2. By signing this Agreement, and accepting the consideration specified
above, Frost knowingly and voluntarily agrees as follows:
a. Frost hereby resigns his position as Vice President effective
May 15, 1998.
b. Frost hereby waives, releases and forever discharges the
Company, its shareholders, officers, directors, agents,
employees, and all affiliates of the foregoing personally as
individuals and as shareholders, officers, directors, agents,
employees, and affiliates, and their successors and assigns
(severally and collectively "Releasees") from, and covenants not
to sue or charge them individually, jointly or severally, on, any
and all claims or causes of action arising out of his employment
by the Company, under any local, state, or federal law or
regulation, including without limitation, those arising under the
Age Discrimination in Employment Act of 1967 (ADEA), Title VII of
the Civil Rights Act of 1964, as amended, the Older Workers
Protection Act of 1990, the Labor Management Relations Act,
Employee Income Retirement Security Act (ERISA), the Family and
Medical Leave Act of 1993, the Americans with Disabilities Act,
the Fair Employment and Housing Act, and the California Civil
Rights Act, or under common law tort or contract theory, whether
in law or equity, known or unknown, asserted or unasserted,
suspected or unsuspected, which Frost or his heirs, has ever had,
or now has against Releasees. The Company waives, releases and
forever discharges Frost, his spouse and his heirs (severally and
collectively the "Frost Releasees") from, and covenants not to
sue or charge the Frost Releasees on any and all claims or causes
of action arising out of Frost's employment by the Company under
any local, state or federal law or regulations or any common law
tort or contract theory, whether in law or equity, known or
3
<PAGE>
unknown, asserted or unasserted, suspected or unsuspected, which
the Company, or its successors, has, ever had, or now has against
the Frost Releases. Frost represents and acknowledges that he
has been provided a reasonable opportunity to consult with an
attorney regarding the nature and effect of this Release and
Waiver, and has not been advised to do so by the Company.
c. Frost and the Company hereby expressly waive Section 1542 of the
California Civil Code, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.
Frost and the Company also expressly waive the benefit of any
other statute or rule of law, which, if applied to this
Agreement, would otherwise exclude from its binding effect
any claims released hereby not now known to exist by Frost
and/or the Company.
d. Frost agrees and acknowledges that he has received all share
certificates and stock option agreements due him, and that he
will not receive an additional grant of stock options for
services rendered during the Company's current fiscal year
or otherwise.
3. In consideration of this Agreement and to induce the Company to enter
into such Agreement, Frost hereby makes the following representations to and
agreements with the Company:
a. Except as required by legal proceeding, Frost agrees that he will
not make any statements or disclose any information which in the
Company's reasonable judgment are inimical to the interest of the
Company or are derogatory about the Company, its stockholders,
officers, directors, systems, products, or services.
b. Frost will not disclose or cause or allow to be disclosed any of
the terms, conditions, amounts or any other details of this
Agreement; PROVIDED, HOWEVER, that nothing shall preclude Frost
from making such disclosure as may be required by applicable law
or as may be necessary in the course of prosecuting or defending
litigation concerning this Agreement; and PROVIDED FURTHER that
nothing shall
4
<PAGE>
preclude Frost from fully disclosing to the preparer of his tax
return the nature and source of his taxable income, nor from
fully disclosing to his attorney the terms of this Agreement as
provided in Paragraph 3(a) above.
4. Frost recognizes and acknowledges that Company's, its parents', its
affiliates', their divisions' and vendors' and the users of their services'
("users") confidential financial records, financial and other plans,
engineering methods and systems, marketing methods and systems, advertising
strategies and methods, strategic plans, databases, trade secrets, user
lists, information regarding users and potential users, staff members, or
suppliers, reports prepared by consultants, other information, observations,
data and ideas obtained by him during the course of his employment at the
Company, or other proprietary information of the Company (collectively
referred to as the "Confidential Information"), are valuable, special, and
unique assets of these entities, divisions, vendors, and users. Therefore,
Frost agrees not to disclose any Confidential Information to any person,
firm, corporation, or other entity whatsoever without advance written
authorization by the Company or unless and until the information becomes
generally available to the public through proper means not in violation of
this Agreement. Moreover, Frost agrees not to use any Confidential
Information unless and until it becomes generally available to the public
through proper means not in violation of this Agreement. Frost will return to
Company all documents and other information that are the property of the
Company that are in his possession or control and that in any way relate to
the Company or which reflect or contain information or data or ideas
generated or collected by or on behalf of the Company, including, but not
limited to, all documents, memoranda, notes, records, reports, manuals,
correspondence, user lists, books, slides, databases, supplier, contractor,
or consultant lists and information, presentations, flow charts, outlines,
financial information, projections, user marketing documents and plans,
whether stored on paper, computer, tape, or any other means of data storage.
Frost will return to the Company no later than June 1, 1998, any keys,
equipment, materials, credit cards, and any other property belonging to the
Company.
5. Frost acknowledges that the services rendered by him to the Company
were of a special, unique and extraordinary character and, in connection with
such services, he has had access to confidential information vital to the
Company's business. By reason of this, Frost consents and agrees that if he
violates Paragraph 3 or Paragraph 4 of this Agreement, the Company would
sustain irreparable harm and, therefore, in addition to any other remedies
which the Company may have under this Agreement or otherwise, the Company
shall be entitled to apply to any court of competent jurisdiction for
equitable relief, including without limitation an injunction restraining
Frost from committing or continuing any such violation of this Agreement.
Moreover, Frost and the Company hereby agree that the actual damages arising
from the breach by Frost of Paragraph 3 or Paragraph 4 of the Agreement would
be extremely difficult or impracticable to ascertain under the circumstances,
and therefore, in such event, the Company shall have the right to recover the
sum of $100,000 in liquidated damages. In addition, the Company may elect to
seek other remedies relating to breaches of Paragraph
5
<PAGE>
3 or Paragraph 4 in any court of competent jurisdiction in lieu of arbitration
of such claims.
6. Frost represents and acknowledges that in executing this Agreement, he
does not rely and has not relied upon any representation or statement not set
forth herein made by any of the Company's employees, agents, representatives, or
attorneys with regard to the subject matter, basis or effect of this Agreement
or otherwise.
7. The obligations of the parties hereto are severable and divisible;
and, in the event any consideration flowing from Frost or the Company as
described herein is determined to be unlawful or unenforceable, the remainder of
this Agreement shall be enforceable.
8. Frost expressly represents and warrants that he is the sole owner of
the actual or alleged claims, demands, rights, causes of action, and other
matters that are released herein; that the same have not been transferred or
assigned or caused to be transferred or assigned to any other person, firm,
corporation or other legal entity; and that he has the full right and power to
grant, execute and deliver the releases, undertakings, and agreements contained
herein.
9. Neither the negotiation nor the execution of this Agreement shall
constitute an acknowledgment or admission of any kind by the Company that it, or
any of the Releasees, jointly or severally, has violated any federal, state or
local law or regulation, or breached any common law or other obligation or duty
to Frost.
10. Except as otherwise provided in Paragraph 5 of this Agreement, any
dispute arising between the Company and Frost with respect to the performance or
interpretation of this Agreement shall be submitted to arbitration in San
Francisco, California, for resolution in accordance with the rules of the
American Arbitration Association, modified to provide that the decision by the
arbitrators shall be binding on the parties, shall be furnished in writing,
separately and specifically stating the findings of fact and conclusions of law
on which the decision is based, and shall be rendered within ninety (90) days
following impanelment of the arbitrators. The cost of arbitration will
initially be borne by the party requesting arbitration. Following a decision by
the arbitrators, the cost of arbitration will be divided as directed by the
arbitrators.
11. This Agreement shall be subject to and governed by the laws of the
State of California.
12. The terms and conditions contained herein constitute the entire
agreement between the parties and supersede all previous communications, either
oral or written, between the parties with respect to the subject matter of this
Agreement, and no agreement or understanding varying or extending the same shall
be binding upon either party unless in writing and signed by or on behalf of
such party.
6
<PAGE>
13. FROST STATES THAT HE HAS READ THE FOREGOING AGREEMENT, FULLY
UNDERSTANDS ITS CONTENT AND EFFECT, AND WITHOUT DURESS OR COERCION, KNOWINGLY
AND VOLUNTARILY ASSENTS TO ITS TERMS. FROST ALSO ACKNOWLEDGES THAT HE HAS BEEN
ADVISED AND GIVEN AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY PRIOR TO EXECUTING
THIS AGREEMENT, AND THAT HE HAS HAD TWENTY-ONE DAYS TO CONSIDER WHETHER TO
EXECUTE THIS AGREEMENT. FROST FURTHER ACKNOWLEDGES THAT WITHIN SEVEN DAYS FROM
THE DATE OF THE EXECUTION OF THIS AGREEMENT HE MAY, AT HIS SOLE OPTION, REVOKE
THE AGREEMENT UPON WRITTEN NOTICE TO JIM BURLEY, VICE PRESIDENT, AND THAT THE
AGREEMENT WILL NOT BECOME EFFECTIVE UNTIL THE SEVEN-DAY REVOCATION PERIOD HAS
EXPIRED.
14. In the event of any controversy or dispute arising out of or related
to this Agreement, the prevailing party shall be entitled to recover from
non-prevailing party actual expenses, including without limitation, reasonable
attorney's fees and actual costs incurred.
15. This Agreement may be executed in two or more counterparts, each of
which shall be considered an original, but all of which taken together shall
constitute one and the same agreement.
7
<PAGE>
IN WITNESS WHEREOF, the parties hereto have executed or caused to be
executed this Agreement as of the day and year first above written.
ENVIROTEST SYSTEMS CORP.
By: [Illegible]
Its: Vice President
ENVIROTEST TECHNOLOGIES, INC.
By:
Its:
/s/ Mark D. Frost
-----------------------------
Mark D. Frost
Silvia M. Frost, as wife of Mark D. Frost, hereby acknowledges that she has read
the foregoing agreement and agrees to be bound by its terms.
/s/ Silvia M. Frost
- ------------------------
Silvia M. Frost
Dated: 5/27/98
--------------
8
<PAGE>
EXHIBIT 10.128
ENVIROTEST SYSTEMS CORP.
6903 ROCKLEDGE DRIVE
BETHESDA, MD 20817
June 4, 1998
Mr. John Pachuta
6721 E. McDole Lane
Tuscan, AZ 85750
Dear John:
This letter agreement will confirm the terms of your continued
employment with Envirotest Systems Corp. (the "Company"), effective June 4,
1998.
As of June 1, 1998, you will be appointed Vice President of Engineering
of the Company. You agree to devote your full time and attention to your
duties as Vice President of Engineering and exercise your best efforts in the
responsibilities reasonably delegated to you by the Company's management and
Board of Directors.
During your employment as Vice President of Engineering of the Company,
you will be paid an annual salary of $150,000, payable in accordance with the
Company's customary payroll practices. In addition, you will be entitled,
during your employment, to all other employee benefits commensurate with your
position as Vice President of Engineering and existing Company policy.
In the event of, prior to June 1, 1999, (i) a material diminution in
your position or duties followed by your subsequent resignation or (ii) a
termination of your employment by the Company without "Cause" (as defined
below), you will be entitled to receive a continuation of your base salary
(the "Severance Payment") and the employee benefits described above until
June 1, 1999. The Severance Payment will be payable to you in accordance with
the Company's customary payroll practices. If you elect to remain in the
employ of the Company following a material diminution in your position or
duties, your base salary would remain at $150,000 through June 1, 1999, and
your employee benefits for such period would remain as described above.
For purposes of this letter agreement, "Cause" means your (i) conviction
of a felony or (ii) gross misconduct.
<PAGE>
2
The Company will also indemnify you, on an after-tax basis, for any
increase in federal and state income taxes you incur for your 1997 and 1998
tax year returns as a result of your reassignment from Egypt to the United
States.
This letter agreement will be governed and construed in accordance with
the laws of the State of Maryland. The terms of this letter agreement will be
binding upon and will inure to the benefit of your and the Company's
respective heirs, successors and assigns. This letter agreement constitutes
our entire agreement, and supersedes all prior agreements, with respect to
the subject matter hereof. Any amendment or modification of the terms of this
letter agreement may only be made by written amendment signed by you and the
Company. Any waiver of any provision of this letter agreement will be valid
only if in a writing which refers specifically to this letter agreement and
which is signed by the party against whom enforcement of the waiver is sought.
If you agree with the terms set forth above, please sign the original of
this letter agreement and return it to me, keeping a copy for your files. We
look forward to your continued service as part of the Company team.
Sincerely,
By: /s/ Chester Davenport
---------------------
Chester Davenport
Chairman
ACCEPTED AND AGREED:
___________________________________________
John Pachuta
Date: _____________________________________
<PAGE>
EXHIBIT 10.129
ENVIROTEST SYSTEMS CORP.
6903 ROCK LEDGE DRIVE
BETHEDSA, MD 20817
June 4, 1998
C. Michael Alston, Esq.
9706 Mill Race Estates Drive
Vienna, Virginia 22182
Dear Mr. Alston:
This letter agreement sets forth the terms of your employment
arrangement with Envirotest Systems Corp. (the "Company"), and amends that
certain Separation, Release and Waiver Agreement (the "Separation
Agreement"), dated as of September 30, 1997, by and between you, the Company
and its affiliates and parents. In addition, this letter agreement amends and
restates in its entirety the letter agreement dated April 20, 1998 between
you and the Company. You shall serve as Vice President, General Counsel and
Secretary for the Company with the salary and other benefits specified in
paragraphs 1(a)-(e) and 5 of the Separation Agreement. For purposes of this
letter agreement, the "Separation Date" means the date your current
employment with the Company terminates.
You acknowledge that the Company has granted you an option to purchase
36,667 shares of the Company's Class A common stock, par value $0.01 per
share (the "Stock"), at the exercise price of $6.750 per share pursuant to a
grant letter dated February 12, 1998 and attached hereto. The Company has
taken all action required of the Company to authorize the grant of such
option and the execution and sending of such grant letter.
In the event of a "Change of Control" (as defined in such grant letter),
or, if earlier, upon your termination of your employment for any reason
(alternatively, the "Trigger Date"), the Company shall (i) pay you a cash
lump sum in the amount of $123,751.13 and (ii) provide you with the salary
and benefits specified in the first paragraph of this letter agreement for
the twelve-month period commencing on the Trigger Date.
Except as set forth herein, all terms and conditions contained in the
Separation Agreement shall continue in full force and effect.
<PAGE>
2
Please acknowledge that this letter sets forth the correct terms of
your employment arrangements with the Company by signing below.
ENVIROTEST SYSTEMS CORP.
By: /s/ Chester Davenport
--------------------------------
Name: Chester Davenport
Title: Chairman
ACKNOWLEDGED AND AGREED TO:
- ------------------------------
C. Michael Alston
<PAGE>
ENVIROTEST SYSTEMS CORP.
EMPLOYMENT AGREEMENT AMENDMENT
Amendment, of the Employment Agreement dated as of January 1, 1993 (the
"Employment Agreement"), between ENVIROTEST SYSTEMS CORP, a Delaware
corporation (the "Company"), and CHESTER C. DAVENPORT (the "Employee"), made
as of the 4th day of June, 1998.
WHEREAS, the Employment Agreement provides the Employee with, among
other things, certain compensation following termination of his employment
under certain circumstances; and
WHEREAS, the Company and the Employee desire to amend certain terms and
conditions of the Employment Agreement;
NOW, THEREFORE, the parties hereby agree to amend the Employment
Agreement to provide certain benefits to the Employee in the event of his
termination of employment under certain circumstances and to secure the
benefit to the Company of the Employee's agreement to enter into a
noncompetition agreement applicable following his termination of employment
in such circumstances as follows:
1. SPECIAL TERMINATION. In the event of a Change of Control (as
defined in Appendix A hereto), the Employee shall have unilateral right to
terminate his employment (a "Special Termination") under the Employment
Agreement for any reason on or within 60 days of the date (the "Closing Date")
on which such Change of Control is consummated. In the event of a Special
Termination, the Employee shall be entitled to the following compensation and
benefits:
(i) The Company shall pay the Employee, in a cash lump sum on the date
(the "Termination Date") on which such termination of employment occurs, an
amount (the "Severance Amount") equal to the sum of the following: (i) 100%
of the base salary (with the annual increases described in Paragraph 3 of
the Employment Agreement) and bonus the Employee would have received for a
period of 24 months after the Termination Date and (ii) 50% of the base
salary (with the annual increases described in Paragraph 3 of the
Employment Agreement) and bonus he would have received for an additional
period of (x) 36 months MINUS (y) the difference between 24 months and the
number of months that remained in the Term (as defined in the Employment
Agreement) after the Termination Date. The Severance Amount shall be
payable to the Employee in lieu of any salary and bonus continuation
payments described in Sections 10(b) and 12 of the Employment Agreement.
(ii) The Employee shall be provided with all other benefits which the
Employee would have been entitled to receive had he remained employed for the
<PAGE>
2
remainder of the Term plus 36 months thereafter. Such benefits shall be
provided in lieu of any benefit continuation described in Section 10(b)
of the Employment Agreement.
(iii) Effective as of the Termination Date, the Company shall
sublease its existing office space in Bethesda, Maryland (the "Bethesda
Facility") to the Employee for a period of one year. Such sublease
shall require the Employee to pay rent at the same rate as is applicable
under the Company's existing lease for the Bethesda Facility.
(iv) Effective as of the Termination Date, the Company shall
transfer all computer equipment, related hardware and the furniture in
use in the Bethesda Facility immediately prior to the Closing Date to the
Employee at the then fair market value thereof, as agreed to in good
faith between the Employee and the Company.
2. EQUALIZATION PAYMENTS. Anything in the Employment
Agreement to the contrary notwithstanding, if it shall be determined that any
payment or distribution to or for the benefit of the Employee (whether paid
or payable or distributed or distributable) pursuant to the terms of the
Employment Agreement or otherwise (the "Payment") would be subject to the
excise tax imposed by Section 4999 of the Internal Revenue Code of 1986, as
amended (the "Code"; and such excise tax, the "Excise Tax"), then the
Employee shall be entitled to receive from the Company an additional payment
(the "Gross-Up Payment") in an amount such that the net amount of the Payment
and the Gross-Up Payment retained by the Employee, after the calculation and
deduction of all Excise Taxes (including any interest or penalties imposed
with respect to such taxes) on the Payment and all federal, state and local
income tax, employment tax and Excise Tax (including any interest or
penalties imposed with respect to such taxes) on the Gross-Up Payment
provided for in this paragraph, shall be equal to the Payment.
Subject to the provisions of the following paragraph, all
determinations required to be made under this provision, including whether
and when the Gross-Up Payment is required and the amount of such Gross-Up
Payment, and the assumptions to be utilized in arriving at such
determinations shall be made by a nationally recognized certified public
accounting firm as may be jointly designated by the Employee and the Company
(the "Accounting Firm") which shall provide detailed supporting calculations
both to the Company and the Employee within 15 business days of the receipt
of notice from the Employee that there has been a Payment, or such earlier
time as is requested by the Company. All fees and expenses of the Accounting
Firm shall be borne solely by the Company. Any Gross-Up Payment shall be
paid by the Company to the Employee within five days of the receipt of the
Accounting Firm's determination. Any determination by the Accounting Firm
shall be binding upon the Company and the Employee. As a result of
uncertainty in the application of Section 4999 of the Code at the time of the
initial determination by the Accounting Firm hereunder, it is possible that
the Gross-Up Payment made will have been an amount less than the Company
should have paid pursuant to this paragraph (the "Underpayment"). In the
event that the Company exhausts its remedies pursuant to the following
paragraph and the Employee thereafter is required to make a payment of any
Excise Tax, the Accounting Firm shall determine the amount of the
Underpayment and any such Underpayment shall be promptly paid by the Company
to or for the benefit of the Employee.
<PAGE>
3
The Employee shall notify the Company in writing of any claim by the
Internal Revenue Service that, if successful, would require the payment by
the company of the Gross-Up Payment. Such notification shall be given as soon
as practicable after the Employee shall not pay such claim prior to the
expiration of the 30-day period following the date on which he gives such
notice to the Company (or such shorter period ending on the date that any
payment of taxes, interest and/or penalties with respect to such claim is
due). If the Company notifies the Employee in writing prior to the expiration
of such period that it desires to contest such claim, the Employee shall:
(A) give the Company any information reasonably requested by the
Company relating to such claim,
(B) take such action in connection with contesting such claim as the
Company shall reasonable request in writing from time to time, including,
without limitation, accepting legal representation with respect to such claim
by an attorney reasonably selected by the Company,
(C) cooperate with the Company in good faith in order to effectively
contest such claim and
(D) permit the Company to participate in any proceedings relating to
such claim; PROVIDED, HOWEVER, that the Company shall bear and pay directly
all costs and expenses (including additional interest and penalties) incurred
in connection with such contest and shall indemnify the Employee for and hold
the Employee harmless from, on an after-tax basis, any Excise Tax or income
tax (including interest and penalties with respect thereto) imposed as a
result of such representation and payment of all related costs and expenses.
Without limiting the foregoing provisions of this paragraph, the Company
shall control all proceedings taken in connection with such contest and, at
its sole option, may pursue or forego any and all administrative appeals,
proceedings, hearings and conferences with the taxing authority in respect of
such claim and may, at its sole option, either direct the Employee to pay the
tax claimed and sue for a refund or contest the claim in any permissible
manner, and the Employee agrees to prosecute such contest to a determination
before any administrative tribunal, in any court of initial jurisdiction and
in one or more appellate courts, as the Company shall determine; PROVIDED,
HOWEVER, that if the Company directs the Employee to pay such claim and sue
for a refund, the Company shall advance the amount of such payment to the
Employee, on an interest-free basis, and shall indemnify the Employee for and
hold the Employee harmless from, on an after-tax basis, any Excise Tax or
income tax (including interest or penalties with respect thereto) imposed
with respect to such advance or with respect to any imputed income with
respect to such advance (including as a result of any forgiveness by the
Company of such advance); PROVIDED FURTHER, HOWEVER, that any extension of
the statue of limitations relating to the payment of taxes for the taxable
year of the Employee with respect to which such contested amount is claimed
to be due is limited solely to such contested
<PAGE>
4
amount. Furthermore, the Company's control of the contest shall be
limited to issues with respect to which a Gross-Up Payment would be
payable hereunder and the Employee shall be entitled to settle or
contest, as the case may be, any other issue raised by the Internal
Revenue Service or any other taxing authority.
If, after the receipt by the Employee of an amount advanced by the
Company pursuant to the preceding paragraph, the Employee becomes entitled to
receive any refund with respect to such claim, the Employee shall (subject to
the Company's complying with the requirements of the preceding paragraph)
promptly pay to the Company the amount of such refund (together with any
interest paid or credited thereon after taxes applicable thereto). If, after
the receipt by the Employee of an amount advanced by the Company pursuant to
this paragraph, a determination is made that the Employee shall not be
entitled to any refund with respect to such claim and the Company does not
notify the Employee in writing of its intent to contest such denial of refund
prior to the expiration of 30 days after such determination, then such
advance shall be forgiven and shall not be required to be repaid and the
amount of such advance shall offset, to the extent thereof, the amount of the
Gross-Up Payment or indemnity payment required to be paid.
3. NON-EXCLUSIVITY OF RIGHTS. Nothing in the Employment
Agreement shall prevent or limit the Employee's continuing or future
participation in any benefit plan of the Company for which the Employee may
qualify, nor shall anything therein limit or otherwise affect such rights as
the Employee may have under any contract or agreement with the Company or any
of its affiliates. Amounts which are vested benefits or which the Employee
is otherwise entitled to receive under any plan, policy, practice, program,
contract or agreement of the Company at or subsequent to the Termination Date
shall be payable in accordance with such plan, policy, practice, program,
contract or agreement except as explicitly modified by the Employment
Agreement.
4. FULL SETTLEMENT. The Company's obligation to make the
payments provided for in the Employment Agreement and otherwise to perform
its obligations thereunder shall not be affected by any set-off,
counterclaim, recoupment, defense or other claim, right or action which the
Company may have against the Employee or others. In no event shall the
Employee be obligated to seek other employment or take any other action by
way of mitigation of the amounts payable to the Employee under the Employment
Agreement and such amounts shall not be reduced, whether or not the Employee
obtains other employment. Notwithstanding the last sentence of Section 23 of
the Employment Agreement, the Company agrees to pay as incurred, to the
fullest extent permitted by law, all legal fees and expenses which the
Employee may reasonably incur as a result of any dispute or contest
(regardless of the outcome thereof) by the Company, the Employee or others of
the validity or enforceability of, or liability under, any provision of the
Employment Agreement or any guarantee of performance thereof.
5. NONCOMPETITION: RETURN OF PROPERTY. (i) In the event of a
Special Termination, in consideration of the benefits granted to the Employee
in paragraphs 1 through 4 above, for a period of 24 months after the
Termination Date, the Employee shall not, without first
<PAGE>
5
obtaining the written permission of the Board of Directors of the Company,
directly or indirectly engage in any "business in competition" (as defined
below) with the Company either as an individual for his own account, or as a
partner or joint venturer, or as an employee, agent, consultant or salesman
for any business, or as an officer, director or stockholder of a corporation,
or otherwise, or directly or indirectly induce any employee of the Company to
engage in any activity in which the Employee is prohibited from engaging
under this sentence. For purposes of this paragraph 5, the phrase "business
in competition" shall mean the business of vehicle emissions testing.
Nothing herein contained, however, will prevent the Employee from owning 5%
or less of the equity or debt securities of any business in competition with
the Company, if such securities are listed for trading on a national
securities exchange or are traded in the over-the-counter market. The
foregoing restrictions shall apply in lieu of any restrictions described in
Section 12 of the Employment Agreement.
(ii) The Employee acknowledges and agrees that the Company's
remedies at law for a breach or threatened breach of any of the provisions
set forth in paragraph (i) above would be inadequate and, in recognition of
this fact, the Employee agrees that, in the event of such a breach or
threatened breach, in addition to any remedies at law, the Company, without
posting any bond, shall be entitled to obtain equitable relief in the form of
specific performance, a temporary restraining order, temporary or permanent
injunction or any other equitable remedy which may then be available.
(iii) It is expressly understood and agreed that although the
Employee and the Company consider the restrictions contained in paragraph (i)
above to be reasonable in scope and duration, if a final judicial
determination is made by a court of competent jurisdiction that the time or
territory or any other restriction contained in paragraph (i) above is an
unenforceable restriction against the Employee, the provisions of such
paragraph shall not be rendered void but shall be deemed amended to apply as
to such maximum time and territory and to such maximum extent as such court
may judicially determine or indicate to be enforceable. Alternatively, if
any court of competent jurisdiction finds that any restriction contained in
paragraph (i) above is unenforceable, and such restriction cannot be amended
so as to make it enforceable, such finding shall not affect the
enforceability of any of the other restrictions contained in such paragraph.
(iv) The Employee agrees that upon termination of his
employment with the Company for any reason, he will return to the Company
promptly all memoranda, books, papers, plans, information, letters and other
data, and all copies thereof or therefrom, in any way relating to the
business of the Company.
<PAGE>
6
This Amendment shall be deemed to form a part of the Employment
Agreement. Except as modified by this Amendment, the Employment Agreement
shall continue in full force and effect.
ENVIROTEST SYSTEMS CORP.
By: /s/ MARK THOMAS
-------------------------------
Name: MARK THOMAS
Title: Executive Vice President
/s/ CHESTER C. DAVENPORT
-------------------------------
CHESTER C. DAVENPORT
<PAGE>
APPENDIX A
"Change of Control" means (i) any sale, transfer or other conveyance
(other than to the Company or a wholly owned subsidiary of the Company),
whether direct or indirect, of all or substantially all of the assets of the
Company, on a consolidated basis, in one transaction or a series of
related transactions, if, immediately after such transaction, any "person"
or "group" becomes the "beneficial owner," directly or indirectly, of more
than 50% of the total voting power entitled to vote in the election of
directors, managers, or trustees of the transferee, (ii) any "person" or
"group" is or becomes the "beneficial owner," directly or indirectly, of more
than 50% of the total voting power of the Voting Stock then outstanding, or
(iii) during any period of 24 consecutive months, individuals who at the
beginning of such period constituted the Board of Directors of the Company
(together with any new directors whose election by such Board or whose
nomination for election by the shareholders of the Company was approved by a
vote of a majority of the directors then still in office who were either
directors at the beginning of such period or whose election or nomination for
election was previously so approved), cease for any reason to constitute a
majority of the Board of Directors of the Company then in office; PROVIDED,
HOWEVER, that for purposes of the Employment Agreement, such Change of Control
must also result in the Employee ceasing to be the beneficial owner of 10% of
the Company's common stock.
For purposes of this definition, (i) the terms "person" and "group"
shall have the meanings used for purposes of Rules 13d-3 and 13d-5 of the
Securities Exchange Act of 1934, as amended (the "Exchange Act"), whether or
not applicable, PROVIDED that no Excluded Person and no person or group
controlled by Excluded Persons shall be deemed to be a "person" or "group"
and (ii) the term "beneficial owner" shall have the meaning used in Rules
13d-3 and 13d-5 under the Exchange Act, whether or not applicable, except
that a person shall be deemed to have "beneficial ownership" of all such
shares that any such person has the right to acquire, whether such right is
exercisable immediately or only after the passage of time or upon the
occurrence of certain events.
"Excluded Person" means any beneficial holder of 5% or more of any class
of common stock of the Company outstanding immediately prior to the
consummation of the initial underwritten public offering by the Company of
3,400,000 shares of the Company's Class A Common Stock in April 1993.
"Voting Stock" means the Capital Stock of the Company having generally
the right to vote in the election for a majority of the directors of the
Company.
<PAGE>
AMENDMENT
AMENDMENT, of the employment agreement by and between ENVIROTEST SYSTEMS
CORP., a Delaware corporation (the "Company") and RAJ G. MODI, (the
"Employee") dated January 1, 1996 (the "Agreement"), made as of the 4th day
of June, 1998.
WITNESSETH:
WHEREAS, the Company and the Employee entered into the Agreement on
January 1, 1996; and
WHEREAS, the Company and the Employee mutually agree to amend certain
terms and conditions of the Agreement.
NOW, THEREFORE, the parties hereby agree to amend the Agreement
effective as of the date of this Amendment is entered into, as follows:
1. Section 1(b) of the Agreement shall be amended to read in its
entirety as follows:
"The employment of the Employee by the Company hereunder shall commence
as of the date hereof and, unless sooner terminated in the manner herein
provided, shall terminate on the fourth anniversary hereof (the "Term")."
2. Section 8(b) of the Agreement shall be amended to read in its
entirety as follows:
"If (i) the Company terminates the employment of the Employee during the
Term other than for "cause" (as defined in Paragraph 8(a) of this
Agreement), or (ii) during the Term there is a change of control of the
Company and the successor entity (or purchaser) does not accept an
assignment of this Agreement, or (iii) the terms of the Employee's
employment are materially adversely changed or duties or responsibilities
are materially diminished, following a change of control or otherwise
(including, by way of example and not by limitation, by reason the
Employee ceasing to be a Vice President and Chief Financial Officer of the
Company), or (iv) a change of control occurs, as a result of which the
Company ceases to have any publicly-traded equity securities, whereupon,
in the case of clauses (ii), (iii) and (iv), the Employee shall have the
right to consider his employment hereunder to have been terminated by the
Company by giving written notice to the Company within 10 business days
after the effective date of such event or the date on which the Employee
believes that such adverse change has occurred, the action(s) constituting
such adverse change or diminution, if
<PAGE>
2
applicable, and the fact that he is terminating this Agreement pursuant
to this Paragraph 8(b)(ii), (iii) or (iv), as applicable, then (A) the
Company shall retain Employee and Employee agrees to serve as a consultant
to the Company for the longer of the remainder of the Term or twenty-four
(24) months ("Consulting Period"); (B) the Employee's Options shall vest
as set forth in Section 4(b) above; and (C) the Employee shall be entitled
to continue to receive (1) on the same schedule as was in existence prior
to such termination payment of his base salary and all other benefits to
which he is entitled for the Consulting Period and (2) the pro rata
portion of any bonus earned by the Employee for the final year in which
the termination occurred."
This Amendment supersedes the Amendment dated as of April 21, 1998
between the Company and the Employee.
ENVIROTEST SYSTEMS CORP.
By: /s/ MARK THOMAS
------------------
Name: MARK THOMAS
Title: Executive Vice President
/s/ RAJ G. MODI
------------------
RAJ G. MODI
<PAGE>
CONSULTING AGREEMENT
AGREEMENT dated as of the 4th day of June, 1998, by and between
ENVIROTEST SYSTEMS CORP., a Delaware corporation ("Envirotest"), and Raj Modi
(the "Consultant").
WHEREAS, Envirotest and the Consultant have entered into that certain
Employment Agreement, dated as of January 1, 1996, as amended (the
"Employment Agreement"); and
WHEREAS, Section 8(b)(i), (ii), (iii) and (iv) and Section 21 of the
Employment Agreement contemplate that, in the circumstances specified
therein, Envirotest and the Consultant will enter into an agreement for the
provision of consulting services; and
WHEREAS, Envirotest and the Consultant desire to enter into an agreement
specifying the terms and conditions for the consulting services to be
provided by the Consultant to Envirotest pursuant to Section 8(b)(i), (ii),
(iii) or (iv) or Section 21 of the Employment Agreement, as applicable.
NOW, THEREFORE, in consideration of the premises and of the mutual
promises of each party to the other contained herein, it is hereby mutually
agreed as follows:
1. EFFECTIVENESS; PROVISION OF SERVICES. (a) This Agreement shall
become effective on the Effective Date (as defined below). During the
Consulting Period or Additional Consulting Period, as applicable, the
consultant shall provide such financial consulting services as are reasonably
requested in writing by the chief executive officer of Envirotest and as are
consistent with the Consultant's duties as in effect on the date hereof and
as reflected in the Employment Agreement, PROVIDED that the Consultant is
available to provide such services, the Consultant's availability to be
determined solely by the Consultant. All capitalized terms used in this
Agreement but not otherwise defined herein shall have the meanings specified
in the Employment Agreement.
(b) In the event that Envirotest terminates the employment of the
Consultant during the Term, as contemplated by Section 8(b)(i) of the
Employment Agreement, the "Effective Date," and the first day of the
Consulting Period, shall be the first business day after such termination is
effective.
(c) In the event that the Consultant has given Envirotest written
notice terminating his employment with Envirotest as contemplated by Section
8(b)(ii), (iii) or (iv) of the Employment Agreement, as applicable, the
"Effective Date," and the first day of the Consulting Period, shall be the
first business day after such termination is effective.
(d) In the event that Envirotest elects to retain the Consultant's
services pursuant to Section 21 of the Employment Agreement, the "Effective
Date," and the first day of the Additional Consulting Period, shall be the
date agreed upon in writing between the Consultant and
<PAGE>
Envirotest. It is understood and agreed that Section 21 of the Employment
Agreement shall not be applicable where Section 8(b) of the Employment
Agreement otherwise applies.
2. COMPENSATION AND BENEFITS. In consideration for the consulting
services to be rendered by the Consultant pursuant to this Agreement,
Envirotest shall compensate the Consultant as follows:
(a) In the event that this Agreement becomes effective pursuant to
Section 8(b)(i), (ii), (iii) or (iv) of the Employment Agreement, the
Consultant's compensation and benefits shall be as specified in Section 8(b)
of the Employment Agreement.
(b) In the event that this Agreement becomes effective pursuant to
Section 21 of the Employment Agreement, the Consultant's compensation and
benefits shall be as specified in that Section.
3. ASSIGNMENT. Neither this Agreement nor any interest thereunder shall
be assignable by either party unless such assignment is mutually agreed to in
writing by the parties hereto; PROVIDED, HOWEVER, that Envirotest may assign
this Agreement to any corporation with which Envirotest may merge or
consolidate, or to which Envirotest may assign substantially all of its
assets, without obtaining the agreement of the Consultant.
4. NOTICES. All notices, requests, demands and other communications
hereunder shall be in writing and shall be delivered personally or sent by
registered or certified mail, return receipt requested, to the other party
hereto at the following address:
If to the Consultant:
Rajendra Modi
20345 Saratoga Rd. - Los Gatos
Saratoga, CA 95070
If to Envirotest:
Envirotest Systems Corp.
246 Sobrante Way
Sunnyvale, California 94086
Attention: Chief Executive Officer
5. ADDITIONAL PROVISIONS. (a) This Agreement shall be governed by the
laws of the State of California applicable to agreements made and to be
performed therein. The titles or headings in this Agreement are for
convenience only, and shall not affect the interpretation or construction of
any provision hereof.
2
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(b) The relationship of the Consultant to Envirotest is that
of an independent contractor, and nothing herein shall be construed as
creating any other relationship. The Consultant may adopt such arrangements
as the Consultant may desire in his sole discretion with regard to the
details of the consulting services to be performed hereunder, the hours
during which said services are to be provided and the place or places where
said services are to be furnished. The Consultant shall be obligated to pay
any and all applicable state and federal taxes.
(c) All materials and equipment furnished by Envirotest, and
all materials and equipment the cost of which shall be reimbursed to the
Consultant by Envirotest hereunder, are to be and remain the sole property of
Envirotest, and are to be returned to Envirotest within ninety days after the
expiration of this Agreement.
(d) The Consultant agrees to promptly disclose to Envirotest
all inventions, discoveries and improvements made or perfected in the
performance of the services furnished to Envirotest by the Consultant, or by
others associated with or used by the Consultant in the conduct of the
services furnished hereunder. All such inventions, discoveries or
improvements and patents therefor shall become the exclusive property of
Envirotest. The Consultant hereby undertakes and agrees to execute such
assignments and other papers which, in the opinion or Envirotest, are
necessary at any time to permit the filing and prosecution of any
applications for patents covering the inventions, discoveries or improvement
or are otherwise required for compliance with the requirements of this
Section 5(e). In the event that others are, or may hereafter become,
associated with the Consultant or be used by the Consultant in connection
with the services provided hereunder, the Consultant agrees to procure from
such persons similar agreements and to cooperate with Envirotest in procuring
execution by such persons of such assignments and other papers as may be
required.
(e) No modification of this Agreement shall be valid unless
in writing and signed by the duly authorized representatives of the parties
hereto.
6. ENTIRE AGREEMENT. This Agreement (together with Sections
9, 20 and 22 of the Employment Agreement and the other provisions of the
Employment Agreement specifically referred to herein) represents the entire
agreement between the parties with respect to the subject matter hereof and
supersedes any and all understandings, prior agreements and representations.
3
<PAGE>
IN WITNESS WHEREOF, the parties hereto have executed or caused this
Agreement to be executed by their duly authorized representatives as of the
day and year first above written.
ENVIROTEST SYSTEMS CORP.
By: /s/ MARK THOMAS
-------------------------------
Name: MARK THOMAS
Title: Executive Vice President
CONSULTANT
/s/ RAJENDRA MODI
-------------------------------
Rajendra Modi
4
<PAGE>
STATE OF OHIO
ENVIRONMENTAL PROTECTION AGENCY
CHANGE ORDER FOR ASM 2525
<PAGE>
TABLE OF CONTENTS
<TABLE>
<S> <C>
1. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A. APPENDIX 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. ZONE 4, 1, AND 2 CONTRACTS, RFP, RRFP, AND OTHER AGREEMENTS . . . . . . 1
A. Separate Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . 1
B. ZONE 4 CONTRACT STATE OF OHIO ENVIRONMENTAL PROTECTION AGENCY RESTATED
CONTRACT FOR SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
C. ZONE 1 CONTRACT STATE OF OHIO ENVIRONMENTAL PROTECTION AGENCY RESTATED
CONTRACT FOR SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
D. ZONE 2 CONTRACT STATE OF OHIO ENVIRONMENTAL PROTECTION AGENCY RESTATED
CONTRACT FOR SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
E. ZONE 4 ZONE 1 AND ZONE 2 CONTRACTS . . . . . . . . . . . . . . . . . . 3
F. REQUEST FOR PROPOSAL ("RFP") . . . . . . . . . . . . . . . . . . . . . 3
G. RESPONSE OR CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL
("RRFP") . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
H. OTHER AGREEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3. ASM 2525 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
A. CONTRACTOR'S PERFORMANCE AND CHANGE ORDER . . . . . . . . . . . . . . 4
B. TECHNICAL SPECIFICATIONS FOR QUICK TEST AND ASM 2525 . . . . . . . . . 4
1. GUIDANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2. DRAFT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3. FINAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
C. IMPLEMENTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1. PHASE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2. PHASE 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
D. ASM 2525 PLANS AND FINAL REPORTS . . . . . . . . . . . . . . . . . . . 5
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2. SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
E. OEPA CHANGE ORDER PAYMENT . . . . . . . . . . . . . . . . . . . . . . 5
1. CONTRACTOR PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . 5
2. CHANGE ORDER COST . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3. OEPA REIMBURSEMENT . . . . . . . . . . . . . . . . . . . . . . . . . 6
4. SECTION 2: OVERVIEW OF INSPECTION SYSTEM . . . . . . . . . . . . . . . . 6
5. SECTION 5: INSPECTION SYSTEM NETWORK . . . . . . . . . . . . . . . . . . 6
6. SECTION 6: STATION SPECIFICATIONS AND REQUIREMENTS . . . . . . . . . . . 7
7. SECTION 7: OPERATING AND MANAGEMENT REQUIREMENTS . . . . . . . . . . . . 8
8. SECTION 8: EQUIPMENT REQUIREMENT . . . . . . . . . . . . . . . . . . . . 8
9. SECTION 9: INSPECTION PROCEDURES . . . . . . . . . . . . . . . . . . . . 8
10. SECTION 10: DATA ACQUISITION SPECIFICATIONS . . . . . . . . . . . . . . . 9
11. SECTION 11: PROGRAM DOCUMENTATION AND REPORTING
REQUIREMENTS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12. SECTION 12: COMPUTER SPECIFICATIONS . . . . . . . . . . . . . . . . . . . 9
13. SECTION 13: GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . 9
i
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APPENDIX 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
INDEX OF EXHIBITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
EXHIBIT A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
EXHIBIT 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
A. Functional Requirements . . . . . . . . . . . . . . . . . . . . . . . . . 16
B. Equipment Specifications . . . . . . . . . . . . . . . . . . . . . . . . . 18
1. Sample Conditioner . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2. Exhaust Gas Analyzers . . . . . . . . . . . . . . . . . . . . . . . . . 19
3. Flow Controller . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
4. Standard Gas Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
5. Chassis Dynamometer. . . . . . . . . . . . . . . . . . . . . . . . . . . 20
6. Diesel Opacity Meter . . . . . . . . . . . . . . . . . . . . . . . . . . 21
7. System Down . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
8. Exhaust Evacuation System . . . . . . . . . . . . . . . . . . . . . . . 22
9. Each test facility . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
10. Each test lane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
11. A Gas Cap Leak Test . . . . . . . . . . . . . . . . . . . . . . . . . . 22
C. General System Design Requirements . . . . . . . . . . . . . . . . . . . . 23
D. Quality Assurance and Control Requirements . . . . . . . . . . . . . . . . 24
E. System Acceptance Test Procedures . . . . . . . . . . . . . . . . . . . . 24
F. Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
G. System Calibration Surveillance . . . . . . . . . . . . . . . . . . . . . 25
H. Equipment Requirements for an Enhanced ASM Program . . . . . . . . . . . . 26
EXHIBIT C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
A. Pre-Emissions Visual Safety Compliance Check . . . . . . . . . . . . . . . 27
B. Test Vehicle Classes . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
C. Tampering Test Procedure . . . . . . . . . . . . . . . . . . . . . . . . . 29
D. Steady-State, Loaded Mode "Quick Test" . . . . . . . . . . . . . . . . . . 30
1. General requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 30
a. Exhaust gas-sampling algorithm . . . . . . . . . . . . . . . . . . . . 30
b. Pass/fail determination . . . . . . . . . . . . . . . . . . . . . . . . 30
c. Void test conditions . . . . . . . . . . . . . . . . . . . . . . . . . 30
d. Multiple exhaust pipes . . . . . . . . . . . . . . . . . . . . . . . . 30
e. The test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
2. Test sequence -"Quick Test". . . . . . . . . . . . . . . . . . . . . . . 31
3. Overall test procedure . . . . . . . . . . . . . . . . . . . . . . . . . 31
E. Enhanced ASM 2525 Transient Test Sequence. . . . . . . . . . . . . . . . . 32
F. Gas Cap Pressurization Test Procedures . . . . . . . . . . . . . . . . . . 33
G. Diesel Opacity Inspection Procedure . . . . . . . . . . . . . . . . . . . 34
1. Light Duty Diesel Vehicle Opacity Test Procedure . . . . . . . . . . . . 34
H. Post-Test Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
1. Passed Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
2. Failed Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
I. The Vehicle Inspection Report. . . . . . . . . . . . . . . . . . . . . . . 35
ii
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J. Vehicle Repair Data. . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
K. Waiver Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
L. Hardship Extension . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
M. Repair Spending Cap . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
N. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
0. Recalls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
EXHIBIT D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
A. Data Storage and Handling. . . . . . . . . . . . . . . . . . . . . . . . . 40
B. Data Format. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1. Date of Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
2. Inspection Start and Completion Time . . . . . . . . . . . . . . . . . . 42
3. Vehicle Identification and Owner Information . . . . . . . . . . . . . . 42
a. The Vehicle Identification Number (VIN) . . . . . . . . . . . . . . . . 43
b. The License Plate Number . . . . . . . . . . . . . . . . . . . . . . . 43
c. Vehicle Make . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
d. Model Year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
e. Number of Cylinders . . . . . . . . . . . . . . . . . . . . . . . . . . 44
f. Fuel Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
g. Vehicle Net Weight . . . . . . . . . . . . . . . . . . . . . . . . . . 45
h. Registration Expiration Date. . . . . . . . . . . . . . . . . . . . . . 45
4. Inspection/Reinspection Indicator. . . . . . . . . . . . . . . . . . . . 45
5. Odometer Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
6. Date of Initial Inspection . . . . . . . . . . . . . . . . . . . . . . . 45
7. Inspector Identification Number. . . . . . . . . . . . . . . . . . . . . 45
8. HC, CO, and NO Emission Data . . . . . . . . . . . . . . . . . . . . . . 45
9. Diesel Opacity Data. . . . . . . . . . . . . . . . . . . . . . . . . . . 46
10. Tampering Inspection Results . . . . . . . . . . . . . . . . . . . . . . 47
11. Pass/Fail Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
12. Overall Pass/Fail Decision . . . . . . . . . . . . . . . . . . . . . . . 48
13. Certificate Status Code. . . . . . . . . . . . . . . . . . . . . . . . . 48
14. Certificate Expiration Date . . . . . . . . . . . . . . . . . . . . . . 49
15. Other Data Fields. . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
16. Certificate Identification Number. . . . . . . . . . . . . . . . . . . . 50
17. BARCODE Information. . . . . . . . . . . . . . . . . . . . . . . . . . . 50
C. Vehicle Inspection Reports . . . . . . . . . . . . . . . . . . . . . . . . 50
D. Inspection Data Analysis and Reports . . . . . . . . . . . . . . . . . . . 51
1. Required Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
2. Additional Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
3. Report Deadlines . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
4. Reporting of Inspection Results/Documentation. . . . . . . . . . . . . . 52
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
E. Recall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
EXHIBIT E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
A. Data and Documentation Expectations. . . . . . . . . . . . . . . . . . . . 55
B. Documentation of System Changes. . . . . . . . . . . . . . . . . . . . . . 55
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C. Off-Site Data Repository . . . . . . . . . . . . . . . . . . . . . . . . . 55
EXHIBIT F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
A. Host Computer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
B. System Security. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
C. System Computers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
EXHIBIT G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
EXHIBIT H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
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STATE OF OHIO
ENVIRONMENTAL PROTECTION AGENCY
CHANGE ORDER
THIS CHANGE ORDER FOR SERVICES ("Change Order") issued by the Ohio
Environmental Protection Agency ("OEPA"), by its Director to Envirotest
Systems Corp. ("Contractor") changes and restates (1) a contract for services
between the parties for an automobile inspection and maintenance program in
Cuyahoga County dated April 25, 1995, ("Zone 4 Contract"); (2) an amended
contract for services between the parties for Summit, Portage, Medina, Lake,
Lorain, and Geauga Counties dated April 25, 1995, ("Zone 1 Contract"); and
(3) a contract for services between the parties for Montgomery, Clark, and
Greene Counties dated October 24, 1994, ("Zone 2 Contract").
1. DEFINITIONS
A. APPENDIX 1. The terms used in this Change Order are defined in
Appendix 1.
2. ZONE 4, 1, AND 2 CONTRACTS, RFP, RRFP, AND OTHER AGREEMENTS
The Contractor acknowledges that it has read the Contract Documents,
understands them and agrees to be bound by their requirements, terms and
conditions and further agrees that the Contract Documents, as defined herein,
is the complete and exclusive statement of the Contract between the parties
and supersedes all proposals, oral or written, and all other communications
between the parties relating to the subject matter of the Contract. The
Contract Documents, unless otherwise provided herein, can only be modified in
writing, signed by the Contractor and OEPA.
A. Separate Contracts
This Change Order incorporates changes OEPA has made to the
Contractor's performance and operation requirements under the Zone 4, Zone 1,
and Zone 2 Contracts. The parties affirm that, as restated and changed by
this Change Order, that the Zone 4, Zone 1, and Zone 2 Contracts, as modified
herein, remain separate and severable agreements between the parties.
B. ZONE 4 CONTRACT
STATE OF OHIO ENVIRONMENTAL PROTECTION AGENCY RESTATED CONTRACT FOR
SERVICES
This Restated Contract is entered into by and between Envirotest
Systems Corp. of Sunnyvale, California ("Contractor") and the Ohio
Environmental Protection Agency ("OEPA") on the date of execution by the
Director of OEPA, for Contractor to operate an automobile inspection and
maintenance program in Cuyahoga County in
<PAGE>
accordance with the terms, conditions and provisions set forth in the
Contract.
In accordance with the terms, conditions and provisions of the
Contract documents, Contractor shall perform an "enhanced motor vehicle
inspection and maintenance program" or an "enhanced program" as defined under
Ohio Rev. Code Section 3704.14(A)(5) that includes an alternative enhanced
emissions test procedure defined as the "ASM 2525 test" on all applicable
vehicles in Cuyahoga County for the remaining term of this Contract which
provides for vehicle testing to commence on January 2, 1996. The term of
this Contract shall end on December 31, 2005, unless earlier terminated
pursuant to the terms, conditions and provisions of this Contract; or if
otherwise extended at the discretion of the OEPA.
All test facilities shall be open for fifty-five (55) hours a week,
fifty-two (52) weeks a year except as exempted pursuant to the Holiday
Schedule. Hours of operation shall be 8:00 a.m. to 6:00 p.m., Monday through
Friday, and 8:00 a.m. to 1:00 p.m. on Saturday.
C. ZONE 1 CONTRACT
STATE OF OHIO ENVIRONMENTAL PROTECTION AGENCY RESTATED CONTRACT FOR
SERVICES
This Contract is entered into by and between Envirotest Systems
Corp. of Sunnyvale, California ("Contractor"), and the Ohio Environmental
Protection Agency ("OEPA") on the date of execution by the Director of OEPA,
for Contractor to operate an automobile inspection and maintenance program in
Summit, Portage, Medina, Lake, Lorain and Geauga Counties in accordance with
the terms, conditions and provisions set forth in the Contract.
In accordance with the terms, conditions and provisions of the
Contract documents, Contractor shall perform an "enhanced motor vehicle
inspection and maintenance program" or an "enhanced program" as defined under
Ohio Rev. Code Section 3704.14(A)(5) that includes an alternative enhanced
emissions test procedure defined as the "ASM 2525 test" on all applicable
vehicles in the designated counties for the remaining term of this Contract
which provides for vehicle testing to commence on January 2, 1996. The term
of this Contract shall end on December 31, 2005, unless earlier terminated
pursuant to the terms, conditions and provisions of this Change Order; or if
otherwise extended at the discretion of the OEPA.
All test facilities shall be open for fifty-five (55) hours a week,
fifty-two (52) weeks a year except as exempted pursuant to the Holiday
Schedule. Hours of operation shall be 8:00 a.m. to 6:00 p.m., Monday through
Friday, and 8:00 a.m. to 1:00 p.m. on Saturday.
D. ZONE 2 CONTRACT
STATE OF OHIO ENVIRONMENTAL PROTECTION AGENCY RESTATED CONTRACT FOR
SERVICES
2
<PAGE>
This Contract is entered into by and between Envirotest Systems
Corp. of Sunnyvale, California ("Contractor") and the Ohio Environmental
Protection Agency ("OEPA") on the date of execution by the Director of OEPA,
for Contractor to operate an automobile inspection and maintenance program in
Montgomery, Clark and Greene counties in accordance with the terms, conditions
and provisions set forth in the Contract.
In accordance with the terms, conditions and provisions of the
Contract documents, Envirotest shall perform an "enhanced motor vehicle
inspection and maintenance program" or an "enhanced program" as defined under
Ohio Rev. Code Section 3704.14(A)(5) that includes an alternative enhanced
emission test procedure defined as the "ASM 2525 test" on all applicable
vehicles in the designated counties for the remaining term of this Contract
which provides for vehicle testing to commence on January 2, 1996. The term
of this Contract shall end on December 31, 2005, unless earlier terminated
pursuant to the terms, conditions and provisions of this Change Order; or if
otherwise extended at the discretion of the OEPA.
All test facilities shall be open for fifty-five (55) hours a week,
fifty-two (52) weeks a year except as exempted pursuant to the Holiday
Schedule. Hours of operation shall be 8:00 a.m. to 6:00 p.m., Monday through
Friday, and 8:00 a.m. to 1:00 p.m. on Saturday.
E. ZONE 4 ZONE 1 AND ZONE 2 CONTRACTS
Any provisions in the Zone 4, Zone 1, and Zone 2 Contracts which
either (i) no longer have prospective application, (ii) are no longer
applicable, or (iii) are inconsistent with this Change Order shall be
disregarded as superseded by this Change Order.
F. REQUEST FOR PROPOSAL ("RFP")
Any RFP provisions which either (i) no longer have prospective
application, (ii) are no longer applicable, or (iii) are inconsistent with
this Change Order shall be disregarded as superseded by this Change Order.
G. RESPONSE OR CONTRACTOR'S RESPONSE TO THE REQUEST FOR PROPOSAL ("RRFP")
Any RRFP provisions which either (i) no longer have prospective
application, (ii) are no longer applicable, or (iii) are inconsistent with
this Change Order shall be disregarded as superseded by this Change Order.
H. OTHER AGREEMENTS
Any provisions which either (i) no longer have prospective
application, (ii) are no longer applicable, or (iii) are inconsistent with
this Change Order shall be disregarded as superseded by this Change Order.
3
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3. ASM 2525
A. CONTRACTOR'S PERFORMANCE AND CHANGE ORDER. Subject to the terms and
conditions of this Change Order, the Contractor shall undertake to perform
the ASM 2525 test following the schedule in Paragraph 3.C. as implemented
pursuant to the ASM 2525 Conversion Implementation Plan described in
Paragraph 3.D. on all vehicles for the remainder of the term of the Change
Order unless a vehicle is exempt from testing under the existing Ohio motor
vehicle emission inspection and maintenance program, as codified at Ohio Rev.
Code Section 3704.14.
B. TECHNICAL SPECIFICATIONS FOR ASM 2525 AND QUICK TEST.
1. GUIDANCE. The Contractor shall prepare a draft outline of the
initial technical specifications document in response to Exhibit B through
Exhibit F for conversion to ASM 2525 guided by the parties' current
procedures for conducting the Quick Test and the single mode ASM 2525 test
procedure as specified in Section 85.2(d)(2) of the U.S. EPA ASM 2525
document and provide it within forty-five (45) Days of the effective date of
this Change Order to OEPA for its review and approval. OEPA's review and
approval shall include the ability to provide comments regarding the
deficiencies in the work product submitted by the Contractor, including any
inadequacies, errors and/or omissions.
2. DRAFT. The OEPA shall provide written comments and proposed
modifications to the initial outline of the technical specifications document
within fourteen (14) Business Days of receipt. The Contractor shall submit a
draft of the technical specifications document to OEPA for its approval
within ten (10) Business Days of receiving OEPA's written comments and
proposed modifications. The OEPA shall provide written comments and proposed
modifications to the draft technical specifications document within ten (10)
Business Days of receipt.
3. FINAL. The Contractor shall submit a final version of the
technical specifications document, which technical specification shall
include Contractor's response to Exhibits B through F, to OEPA for its
approval within ten (10) Business Days of receiving OEPA's written comments
and proposed modifications to the draft technical specifications document,
which final document shall include any modifications the parties reasonably
agree to. OEPA may indicate its approval of the final technical
specifications document within ten (10) Business Days from the date of its
receipt by signing the submitted technical specifications document and
returning it to the Contractor, or OEPA will provide additional comments
regarding the final version for the Contractor's consideration. In the event
the Parties cannot agree on a final version of the document, the Director of
OEPA shall make a final decision regarding the content of technical
specifications document within ten (10) Business Days of the Parties
submission to the Director of a request for dispute resolution. Upon the
Contractor's receipt and signature of the final approved technical
specification document it shall become incorporated as a part of the Change
Order.
4
<PAGE>
C. IMPLEMENTATION. The implementation of the changes in emission tests
contemplated by this Change Order will proceed in two phases as follows:
1. PHASE I: Within fifteen (15) Days from the effective date of
this Change Order or July 1, 1998, whichever date is later, the Contractor
shall conduct the Quick Test in place of the I/M 240 test.
2. PHASE II: The Contractor shall commence the ASM 2525 within 242
days from the date the final technical specifications for ASM 2525, as
referenced in Paragraph 3.B.3., are approved by OEPA, which technical
specification shall include approved Contractor's response to Exhibits B
through F.
D. ASM 2525 PLANS AND FINAL REPORTS
1. The phased implementation of the ASM 2525 test will require
the following additional plans and reports to be determined in good faith by
the parties and approved by OEPA after the effective date of this Change
Order:
a. Maintenance and System Calibration Plan;
b. Vehicle Repair, Rejection and Inspection Reports;
c. Public Information Plan;
d. ASM 2525 Conversion Implementation Plan; and
e. ASM 2525 Training Plan;
f. Ohio Data Specification;
g. Compatibility Specification;
h. Functionality Specification; and
i. Acceptance Test Procedures.
2. SCHEDULE. Within sixty (60) Days after the effective date of
this Change Order or September 1, 1998, whichever date is earlier, the
parties shall agree to a schedule of dates by which Contractor shall submit
outlines, draft, and final plans for the required plans and reports listed
under Paragraph 3.D.1. for OEPA's approval, in accordance with the guidance,
review and approval procedure described in Paragraph 3.B.
E. OEPA CHANGE ORDER PAYMENT.
1. CONTRACTOR PAYMENT. Contractor shall pay, accrue or otherwise
incur
5
<PAGE>
the direct and indirect cost to upgrade testing equipment and
change the performance and operation requirements as described in
Paragraphs 1 through 13 of this Change Order ("Change Order
Cost").
2. CHANGE ORDER COST. The agreement of the Contractor and
OEPA as to the amount of the Change Order Cost to be incurred
from fifteen (15) days from the effective date of this Change
Order, or July 1, 1998 whichever is later, is contained in the
document entitled "OEPA Change Order Cost" attached as Exhibit H.
3. OEPA REIMBURSEMENT. OEPA shall reimburse Contractor at
the end of each calendar month, with the first reimbursement to
be paid on July 30, 1998, pursuant to invoices (including, where
appropriate, sub-contractor invoices for equipment) submitted to
OEPA by the Contractor by the second week of each month. The
Contractor shall provide a final accounting within thirty (30)
days after receipt of final payment from OEPA.
4. SECTION 2: OVERVIEW OF INSPECTION SYSTEM
A. Section 2.A.9 shall state as follows: "The OEPA will monitor
the Contractor lanes using the 'Maintenance and System Calibration
Plan' for compliance with state and federal laws, regulations and
procedures. OEPA will monitor the Contractor for compliance with
test methods, hardware and software. Audits will include
monitoring the inspectors employed by the Contractor. Monitoring
will consist of overt and covert checks as prescribed by the
'Maintenance and System Calibration Plan.'"
B. Section 2.A.11 shall state as follows: "The OEPA enhanced
program, in conjunction with the OBMV, has a registration based
enforcement system that will deny original registrations (new
plates issued to previously registered vehicles) and registration
renewals to those applicants who have failed an emission
inspection unless the applicants have been issued a waiver or a
permanent exemption. The registration renewal application, sent
by OBMV forty-five (45) days prior to registration expiration,
will notify motorists in affected counties that an emission
inspection is required. All motorists shall also receive a
notice of the inspection requirement from the Contractor sixty
(60) days prior to registration expiration date in the year they
are required to test under a biennial program. Notices are to
be sent in this fashion for the term of the Change Order."
5. SECTION 5: INSPECTION SYSTEM NETWORK
A. The third and fourth paragraphs of Section 5.B.6 titled
"Zone #1 (Akron-Cleveland)" and "Zone #2 (Dayton-Springfield)"
shall be replaced with the information contained on the document
entitled "Ohio ASM 2525 Network Design" attached to this Change
Order as Exhibit G.
6
<PAGE>
B. The second sentence of Section 5.B.8.a. shall be replaced
with the following: "The Contractor guarantees a maximum daily
average waiting time for each station not to exceed fifteen (15)
minutes."
C. Section 5.C.1 shall state as follows: "All test facilities
shall be open for fifty-five (55) hours a week, fifty-two (52)
weeks a year except as exempted pursuant to the Holiday Schedule.
Hours of operation shall be 8:00 a.m. to 6:00 p.m., Monday
through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday."
D. Section 5.D shall state as follows: Holiday Schedule and Station
Closure
Test stations shall be closed on the following holidays:
1. NEW YEAR'S DAY
2. MEMORIAL DAY
3. INDEPENDENCE DAY
4. LABOR DAY
5. THANKSGIVING DAY
6. CHRISTMAS DAY
7. MARTIN LUTHER KING DAY
8. PRESIDENTS' DAY
9. COLUMBUS DAY
10. VETERANS' DAY
No later than December 1 of each calendar year the Contractor
shall provide a holiday schedule to OEPA. The parties shall
agree in advance to the holiday schedule. If a deviation from
the above schedule is desired, the change may be made only with
the prior approval of the OEPA.
The Contractor, in its sole discretion, may close any station
or any lane in the event the Contractor determines that continued
operation of such station or lane presents a health or safety
hazard to the Contractor's employees or to the public. The OEPA
must be notified within one hour of such closing.
E. Section 5.G.5 shall state as follows: "OEPA retains the
right to audit the Contractor's records and record-keeping
procedures to ascertain the number of tests performed by the
Contractor. OEPA will provide the Contractor with reasonable
time to respond to inquiries regarding record-keeping
discrepancies. OEPA audits will be performed in conformance with
the 'Maintenance and System Calibration Plan.'"
6. SECTION 6: STATION SPECIFICATIONS AND REQUIREMENTS
A. Section 6.C.6 shall state as follows: "One inspection site
selected by the Contractor shall serve as the Contractor's
operations headquarters and maintenance facility and shall
provide approximately eight hundred and fifty (850) square feet
of usable office space for a maximum of five (5) OEPA audit
personnel. For Zone 2, Contractor will make
7
<PAGE>
available for lease by OEPA for its use approximately eight
hundred and fifty (850) square feet. This space shall have a
public reception area with a greeting window or counter to
provide security for the office staff. The public reception area
may be included as part of the testing facility lobby. The
Contractor shall locate their headquarters for Zone 4, Zone 1 and
Zone 2 in central or northern Summit County. The Contractor may
cease its use of the existing Zone 2 headquarters and maintenance
facility. Contractor shall also maintain existing office space
for OEPA employees in Zone 1 and Zone 4". The remaining language
in Section 6.C.6 is not changed.
7. SECTION 7: OPERATING AND MANAGEMENT REQUIREMENTS
A. Section 7.C.1 shall be supplemented by the approved ASM 2525
Training Plan referenced in Paragraph 3.D, which Plan shall
require requisite amount of management and technical training as
approved by OEPA. Training hours for an inspector shall be
fifty-six (56) hours, with a minimum of sixteen (16) hours in
the classroom and forty (40) hours on the job, provided however,
Contractor shall have the right to provide additional training.
B. Section 7.P., fourth sentence beginning "In its Technical
Proposal..." shall be replaced with the following:
"Beginning January 1, 1998 Contractor's public education
budget, on an annual basis, shall not exceed $850,000 a year.
Contractor's budget for conversion is subject to OEPA approval.
Expenses that are a part of that budget that exceed $850,000 in
1998 may be counted toward 1999 expenditures. Contractor shall
submit by October 1st of each year its public education budget
and proposed activities for the upcoming year for OEPA's review
and approval."
C. Section 7.P.1.b. shall state as follows:
"An inspection notice mailed to each motorist sixty (60) days
prior to his or her registration expiration in the year in which
the motorist is required to test in the biennial enhanced
program. This mailer shall be published for the extent of the
program. The Contractor shall be responsible for this mailing
and its costs, but these expenses shall be counted toward the
Contractor's public education expenditures as set forth in Section
7.P.4. OEPA and the Contractor will mutually agree on the mailer's
content and format."
8. SECTION 8: EQUIPMENT REQUIREMENT
A. "ASM 2525 and Quick Test Equipment Requirements", attached as
Exhibit B, and the relevant portions of the documents referenced
in paragraph 3.D.1., replaces Section 8.
9. SECTION 9: INSPECTION PROCEDURES
A. ASM 2525 and Quick Test Inspection Procedures, attached as
Exhibit C, and
8
<PAGE>
the relevant portions of the documents referenced in paragraph
3.D.1., replaces Section 9.
10. SECTION 1O: DATA ACQUISITION SPECIFICATIONS
A. "ASM 2525 and Quick Test Data Acquisition
Specifications," attached as Exhibit D, and the relevant portions
of the documents referenced in paragraph 3.D.1., replaces Section
10.
11. SECTION 11: PROGRAM DOCUMENTATION AND REPORTING REQUIREMENTS:
A. "ASM 2525 and Quick Test Program Documentation and Reporting
Requirements," attached as Exhibit E, and the relevant portions
of the documents referenced in paragraph 3. D. 1., replaces
Section 11.
12. SECTION 12: COMPUTER SPECIFICATIONS
A. "ASM 2525 and Quick Test Computer Specifications," attached as
Exhibit F, and the relevant portions of the documents referenced in
paragraph 3.D.1., replaces Section 12.
13. SECTION 13: GENERAL PROVISIONS
Section 13.W and Section 7.C.5. shall be replaced with the following
and Section 13.X shall be deleted:
Ownership and Confidentiality of Information and Use of Program
Assets.
Title to all reports, information, data, computer data elements
and non-system software prepared by the Contractor in the
performance of this Change Order shall vest in the State.
Subject to applicable state and federal laws and regulations and
as otherwise provided herein, the State shall have full and
complete rights to reproduce, duplicate, disclose and otherwise
use all such information. Contractor may use the Program and
the information derived therefrom for other revenue producing
activities as long as such activities (1) are approved by OEPA,
which such approval shall not be unreasonably withheld; (2) such
activities are legally permissible; (3) do not involve the
promotion or sale of any automotive repair service or parts; (4)
adversely affect wait times, throughput and customer convenience
and service; or (5) otherwise constitute a conflict of interest
under Section 13, subsection E hereof. For purposes of this
paragraph, the OEPA shall be deemed to have approved the
requested activity if it has not sent notice of disapproval
within ten (10) business days of receipt of the Contractor's
written notice requesting such activity.
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<PAGE>
In the event of supplantation of the Contractor by the EPA, the
Contractor shall grant to the EPA a non-exclusive license for
the use of the system software for a period covering the
remainder of the term contemplated in this Change Order. Any
other records or information furnished to the EPA by the
Contractor in performance of the Change Order shall be public
record.
All records, information and documentation developed in the
performance of this contract and/or submitted with the proposal
is subject to O.R.C. 149.43, the public records law, unless
otherwise provided herein.
B. Section 7.J. shall be deleted and Section 13.U. shall be retitled
"Payment by the Contractor to Ohio EPA's Motor Vehicle Inspection
and Maintenance Fund" and state as follows: "The Contractor shall
collect the test fee in the form of cash or check at the time of
the inspection, except that the Contractor shall provide
alternative provisions (upon request) for the billing of federal,
state, and municipally owned vehicles. The Contractor shall be
responsible for, and account for all fees collected, and transfer
the OEPA's portion of the weekly test fees paid from the cash
collected or checks paid. OEPA shall reimburse the Contractor
for all checks returned for insufficient funds, after the
Contractor has made reasonable efforts to collect such funds.
The Contractor shall remit by check, payable to the State of
Ohio, Motor Vehicle Inspection and Maintenance Fund, within
fourteen (14) days of the Monday following the close of the
previous week OEPA's portion of the test fees. The Contractor
shall pay a penalty of $1,000 per day for each Business Day the
payment is late."
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<PAGE>
APPENDIX 1
DEFINITIONS
"ASM 2525" or the "ASM 2525 TEST," except as otherwise
provided, means the final technical specification document as
described in Paragraph 3.B. and the procedures approved by OEPA
by virtue of the Contractor's demonstration to OEPA pursuant to
the acceptance test procedures contained in the ASM 2525
Conversion Implementation Plan.
"ASM 2525 CONVERSION IMPLEMENTATION PLAN" means the plan
referenced at Paragraph 3.D.1.d.
"ASM 2525 TRAINING PLAN" means the plan referenced at Paragraph
3.D.1.e.
"AUTOMOBILE INSPECTION AND MAINTENANCE PROGRAM" or "MOTOR
VEHICLE INSPECTION AND MAINTENANCE PROGRAM" means an "ENHANCED
PROGRAM."
"BUSINESS DAY" means a day other than a Saturday, Sunday or
other day on which State of Ohio offices are authorized or
required to close.
"CHANGE ORDER" means an order issued by the Director of OEPA
to the Contractor without competitive bidding pursuant to Ohio
Rev. Code Section 3704.14 and Section 153.62.
"CHANGE ORDER COST" shall be Contractor's actual costs
including wages, labor costs other than wages, wage taxes,
materials, equipment costs and rental, insurance, subcontracts
attributable to this Change Order, plus a reasonable sum for
overhead, not to exceed four million one hundred eighty nine
thousand five hundred and 00/100($4,189,500.00) dollars.
"CONTRACT DOCUMENTS" consists of this Change Order, Exhibits
A through H of this Change Order, the RFP, the RRFP, the Zone 1
Contract, the Zone 2 Contract and Zone 4 Contract, the Ohio
Revised Code Section 3704.14, and Ohio Administrative Code Chapter 3745-
26.
"DAY" or "DAYS" means a calendar day.
"DIRECTOR" the Director of the Ohio Environmental Protection
Agency or an authorized representative.
"ENHANCED PROGRAM," "EMISSION INSPECTIONS," "ENHANCED MOTOR
VEHICLE INSPECTION AND MAINTENANCE PROGRAM," or "EXCHECK" means
an "enhanced program" as defined under Ohio Rev. Code Section 3704.14
(A)(5) which, after the effective date of this Change Order,
shall be the program, procedures, and operations described in
this Change Order, which shall include the "ASM 2525 TEST" and
"QUICK TEST" as implemented pursuant to Paragraph 3.C.
11
<PAGE>
"EQUIPMENT AUDIT" means the equipment audit described in the
MAINTENANCE AND SYSTEM CALIBRATION PLAN.
"EQUIPMENT PREVENTION MAINTENANCE PROGRAM" means the
equipment prevention maintenance program described in the
MAINTENANCE AND SYSTEM CALIBRATION PLAN.
"EXTENSION CERTIFICATE" means shall have the same meaning as
set forth in O.A.C. Rule 3745-26-01(M).
"FACILITY AUDITS" means the OEPA inspections described in the
MAINTENANCE AND SYSTEM CALIBRATION PLAN.
"GOOD FAITH" means the parties will use all reasonable
efforts to achieve by mutual agreement the goal, agreement,
resolutions or such other action which requires the performance
of both parties under this Change Order.
"HOLIDAYS" means the holidays set forth at Section 5 of the
Change Order.
"I/M 240 TEST PROCEDURE" OR "I/M 240 Test" means the I/M 240
test procedure used by the Contractor prior to this Change Order.
"INCONSISTENT AND NO LONGER APPLICABLE" means those
provisions, standards or agreements of the existing Zone 4, Zone
1, and Zone 2 Contracts, the RFP, the RRFP, and Other Agreements
that are no longer required upon the implementation of the ASM
2525 test as described in paragraph 3.C or differ from the terms
and conditions at this Change Order.
"LANE CALIBRATION RECORDS AUDIT" means the records audit
described in the MAINTENANCE AND SYSTEM CALIBRATION PLAN.
"MAINTENANCE AND SYSTEM CALIBRATION PLAN" shall mean the plan
described in Exhibit B through F and developed and approved in
accordance with Paragraph 3.D.1.a.
"MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE PROGRAM"
means an ENHANCED PROGRAM.
"OPERATING RELIABILITY STANDARDS" means the procedures to be
performed by Contractor described in the MAINTENANCE AND SYSTEM
CALIBRATION PLAN.
"OBMV" means the Ohio Bureau of Motor Vehicles.
"OTHER AGREEMENTS" means any agreements between the parties
regarding an automobile inspection and maintenance program
entered into or issued by OEPA prior to the effective date of
this Change Order.
"PARTY" or "THE PARTIES" means Envirotest Systems Corp.
("Contractor") and the
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<PAGE>
Ohio Environmental Protection Agency ("OEPA") as an agency of the
State of Ohio.
"PUBLIC INFORMATION PLAN" means OEPA's information program to
introduce the ASM 2525 TEST to the public referenced at Paragraph
3.D.1.c.
"QUICK TEST" shall mean the test set forth in Exhibit C.
"REQUIRED PLANS AND REPORTS" are the plans and reports
identified in the Change Order to be produced by Contractor
pursuant to Paragraph 3-D.
"RFP" means OEPA's Request for Proposal dated January 3,
1994, with a stated February 11, 1994 release date, and all
Addenda thereto.
"RRFP" means the Contractor's response to the RFP and all Addenda
thereto.
"STATE" means the State of Ohio.
"TECHNICAL SPECIFICATIONS FOR ASM 2525 AND QUICK TEST" means
the functional specifications and requirements referred to in
Paragraph 3.B., described in Exhibits B through F (sometimes
referred to as the "Functional Specifications" or "Technical
Specification" document), which shall support the Acceptance Test
Procedures, Ohio Data Specifications and Compatibility
Specifications referenced in Exhibits B through F and the
relevant portions of the documents referenced in paragraph 3. D.1.
"TEST STATION" means a facility in which the Contractor
performs EMISSION INSPECTIONS.
"U.S. EPA ASM 2525 TECHNICAL DOCUMENT" or "U.S. EPA ASM 2525
DOCUMENT" means the document entitled "U.S. EPA Acceleration
Simulation Mode Test Procedures, Emission Standards, Quality
Control Requirements, and Equipment Specifications Technical
Guidance" (EPA-AA-RSPD-IM-96-2)" dated July 1996, attached to
this Change Order as Exhibit A.
"VEHICLE REPAIR, REJECTION AND INSPECTION REPORTS" mean the
reports referenced at Paragraph 3.D.1.b and defined in O.A.C.
Rule 3745-26-01 (II).
"ZONE 1 CONTRACT" means an amended contract for services
between the parties for Summit, Portage, Medina, Lake, Lorain,
and Geauga Counties dated April 25, 1995.
"ZONE 2 CONTRACT" means a contract for services between the
parties for Montgomery, Clark, and Greene counties dated October
24, 1994.
"ZONE 4 CONTRACT" means the contract for services between the
parties for an automobile inspection and maintenance program in
Cuyahoga County dated April 25, 1995.
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<PAGE>
INDEX OF EXHIBITS
A. U.S. EPA ASM 2525 Document
B. ASM 2525 and Quick Test Equipment Requirements
C. ASM 2525 and Quick Test Inspection Procedures
D. ASM 2525 and Quick Test Data Acquisition Specification
E. ASM 2525 and Quick Test Documentation and Reporting Requirements
F. ASM 2525 and Quick Test Computer Specifications
G. Ohio ASM 2525 Network Design
H. OEPA Change Order Cost
14
<PAGE>
EXHIBIT A
15
<PAGE>
United States EPA-AA-RSPD-IM-96-2
Environmental Protection Agency July 1996
- -------------------------------------------------------------------------------
Air
- -------------------------------------------------------------------------------
[LOGO] ACCELERATION SIMULATION MODE TEST
PROCEDURES, EMISSION STANDARDS, QUALITY
CONTROL REQUIREMENTS, AND EQUIPMENT
SPECIFICATIONS
TECHNICAL GUIDANCE
- -------------------------------------------------------------------------------
- -------------------------------------------------------------------------------
- -------------------------------------------------------------------------------
- -------------------------------------------------------------------------------
- -------------------------------------------------------------------------------
- -------------------------------------------------------------------------------
<PAGE>
Table of Contents
<TABLE>
<CAPTION>
Page
<S> <C>
Section 85.1 Test Standards and Calculations 1
(a) Emissions Standards 1
(b) Test Score Calculation 7
Section 85.2 Test Procedures 9
(a) General Requirements. 9
(b) Vehicle Pre-inspection and Preparation. 9
(c) Equipment Preparation and Settings. 10
(d) Test Procedure. 12
(e) Second Chance Tests. 15
Section 85.3 Test Equipment Specifications 16
(a) Dynamometer Specifications. 16
(b) Emission Sampling System. 19
(c) Analytical Instruments. 21
(d) Automated Test Process Software and Displays. 24
Section 85.4 Quality Control Requirements 26
(a) General Requirements 26
(b) Dynamometer 26
(c) Emission Sampling System. 30
(d) Analytic Instruments. 31
Section 85.5 Test Record Information 38
(a) General Information. 38
(b) Ambient Test Conditions. 38
(c) ASM Mode or Modes. 38
(d) Diagnostic/Quality Assurance Information. 38
</TABLE>
<PAGE>
Section 85.1 TEST STANDARDS AND CALCULATIONS
(a) Emissions Standards
(1) START-UP ASM STANDARDS. Start-up standards should be used during
the first cycle of the program. The exhaust emissions standards
for the following model years and vehicle types are
cross-referenced by the number in the column in Section 85.1
(a)(3), as noted in the column headings:
(i) LIGHT DUTY VEHICLES.
<TABLE>
<CAPTION>
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen
----------- ------------ --------------- ------------------
Table Section 85.1 (a)(3)(i) Table Section 85.1 (a)(3)(ii) Table Section 85.1 (a)(3)(iii)
<S> <C> <C> <C>
1994+ Tier 1 1 21 41
1991-1995 2 22 42
1983-1990 4 23 43
1981-1982 4 26 43
1980 4 26 48
1977-1979 11 30 48
1975-1976 11 30 50
1973-1974 13 34 50
1968-1972 13 34 51
</TABLE>
(ii) HIGH-ALTITUDE LIGHT DUTY VEHICLES.
<TABLE>
<CAPTION>
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen
----------- ------------ ---------------- ------------------
Table Section 85.1 (a)(3)(i) Table Section 85.1 (a)(3)(ii) Table Section 85.1 (a)(3)(iii)
<S> <C> <C> <C>
1983-1984 4 26 43
1982 4 29 43
</TABLE>
(iii) LIGHT DUTY TRUCKS 1 (LESS THAN 6000 POUNDS GVWR).
<TABLE>
<CAPTION>
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen
----------- ------------ --------------- -------------------
Table Section 85.1 (a)(3)(i) Table Section 85.1 (a)(3)(ii) Table Section 85.1 (a)(3)(iii)
<S> <C> <C> <C>
1994+ Tier 1 < OR = 3750 LVW 1 21 41
1994+ Tier 1 > 3750 LVW 2 22 42
1991-1995 5 26 43
1988-1990 7 29 44
1984-1987 7 29 49
1979-1983 11 31 49
1975-1978 12 32 50
1973-1974 13 34 50
1968-1972 13 34 51
</TABLE>
(iv) HIGH-ALTITUDE LIGHT DUTY TRUCKS 1 (LESS THAN 6000 POUNDS GVWR).
<TABLE>
<CAPTION>
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen
----------- ------------ --------------- -------------------
Table Section 85.1 (a)(3)(i) Table Section 85.1 (a)(3)(ii) Table Section 85.1 (a)(3)(iii)
<S> <C> <C> <C>
</TABLE>
PAGE 1 7/2/96 TEST STANDARDS AND CALCULATIONS
<PAGE>
<TABLE>
<S> <C> <C> <C>
1991+ 6 28 43
1988-1990 9 30 44
1984-1987 9 30 49
1982-1983 12 33 49
</TABLE>
(v) LIGHT DUTY TRUCKS 2 (GREATER THAN 6000 POUNDS GVWR).
<TABLE>
<CAPTION>
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen
----------- ------------ --------------- -------------------
Table Section 85.1 (a)(3)(i) Table Section 85.1 (a)(3)(ii) Table Section 85.1 (a)(3)(iii)
<S> <C> <C> <C>
1994+ Tier 1 < OR = 5750 LVW 2 22 42
1994+ Tier 1 > 5750 LVW 5 26 45
1991-1995 5 26 46
1988-1990 7 29 47
1984-1987 7 29 49
1979-1983 11 31 49
1975-1978 12 32 50
1973-1974 13 34 50
1968-1972 13 34 51
</TABLE>
(vi) HIGH-ALTITUDE LIGHT DUTY TRUCKS 2 (GREATER THAN 6000 POUNDS
GVWR).
<TABLE>
<CAPTION>
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen
----------- ------------ --------------- -------------------
Table Section 85.1 (a)(3)(i) Table Section 85.1 (a)(3)(ii) Table Section 85.1 (a)(3)(iii)
<S> <C> <C> <C>
1991+ 6 28 46
1988-1990 9 30 47
1984-1987 9 30 49
1982-1983 12 33 49
</TABLE>
(2) FINAL ASM STANDARDS. The following exhaust emissions standards are
designed to achieve the emission reduction credits issued by EPA.
They should only be used after at least one cycle of operation using
the start-up standards in Section 85.1(a)(1). The exhaust emissions
standards for the following model years and vehicle types are
cross-referenced by the number in the column in Section 85.1(a)(3),
as noted in the column headings:
(i) LIGHT DUTY VEHICLES.
<TABLE>
<CAPTION>
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen
----------- ------------ --------------- -------------------
Table Section 85.1 (a)(3)(i) Table Section 85.1 (a)(3)(ii) Table Section 85.1 (a)(3)(iii)
<S> <C> <C> <C>
1994+ Tier 1 1 21 41
1983-1995 1 21 41
1981-1982 1 23 41
1980 1 23 45
1977-1979 6 27 45
1975-1976 6 27 48
1973-1974 10 32 48
1968-1972 10 32 49
</TABLE>
PAGE 2 7/2/96 TEST STANDARDS AND CALCULATIONS
<PAGE>
(ii) HIGH-ALTITUDE LIGHT DUTY VEHICLES).
<TABLE>
<CAPTION>
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen
----------- ------------ --------------- -------------------
Table Section 85.1 (a)(3)(i) Table Section 85.1 (a)(3)(ii) Table Section 85.1 (a)(3)(iii)
<S> <C> <C> <C>
1983-1984 2 23 41
1982 2 23 41
</TABLE>
(iii) LIGHT DUTY TRUCKS 1 (LESS THAN 6000 POUNDS GVWR).
<TABLE>
<CAPTION>
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen
----------- ------------ --------------- -------------------
Table Section 85.1 (a)(3)(i) Table Section 85.1 (a)(3)(ii) Table Section 85.1 (a)(3)(iii)
<S> <C> <C> <C>
1994+ Tier 1 1 21 41
1988-1995 3 24 42
1984-1987 3 24 46
1979-1983 8 28 46
1975-1978 9 29 48
1973-1974 10 32 48
1968-1972 10 32 49
</TABLE>
(iv) HIGH-ALTITUDE LIGHT DUTY TRUCKS 1 (LESS THAN 6000 POUNDS GVWR).
<TABLE>
<CAPTION>
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen
----------- ------------ --------------- -------------------
Table Section 85.1 (a)(3)(i) Table Section 85.1 (a)(3)(ii) Table Section 85.1 (a)(3)(iii)
<S> <C> <C> <C>
1988+ 4 26 42
1984-1987 4 26 46
1982-1983 9 30 46
</TABLE>
(v) LIGHT DUTY TRUCKS 2 (GREATER THAN 6000 POUNDS GVWR).
<TABLE>
<CAPTION>
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen
----------- ------------ --------------- -------------------
Table Section 85.1 (a)(3)(i) Table Section 85.1 (a)(3)(ii) Table Section 85.1 (a)(3)(iii)
<S> <C> <C> <C>
1994+ Tier 1 1 21 41
1988-1995 3 24 44
1984-1987 3 24 46
1979-1983 8 28 46
1975-1978 9 29 48
1973-1974 10 32 48
1968-1972 10 32 49
</TABLE>
(vi) HIGH-ALTITUDE LIGHT DUTY TRUCKS 2 (GREATER THAN 6000 POUNDS
GVWR).
<TABLE>
<CAPTION>
Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen
----------- ------------ --------------- -------------------
Table Section 85.1 (a)(3)(i) Table Section 85.1 (a)(3)(ii) Table Section 85.1 (a)(3)(iii)
<S> <C> <C> <C>
1988+ 4 26 44
1984-1987 4 26 46
1982-1983 9 30 46
</TABLE>
PAGE 3 7/2/96 TEST STANDARDS AND CALCULATIONS
<PAGE>
(3) ASM 2525 and 5015 Concentration Tables
(i) ASM2525 and ASM5015 Hydrocarbon (ppm C6) Table
<TABLE>
<CAPTION>
COLUMN # 1 1 2 2 3 3 4 4 5
ETW 5015 2525 5015 2525 5015 2525 5015 2525 5015
- ------------- ----- ----- ----- ----- ----- ----- ----- ----- -----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1750 142 136 224 216 257 249 291 282 324
1875 134 129 212 205 243 236 275 266 306
2000 127 123 201 194 230 223 260 252 289
2125 121 116 191 184 219 212 246 239 274
2250 115 111 182 175 208 201 234 227 260
2375 109 106 173 167 198 192 223 216 247
2500 105 101 166 160 189 183 212 206 236
2625 100 97 159 153 181 175 203 197 225
2750 96 93 152 147 173 168 194 189 216
2875 92 89 146 141 167 161 187 181 207
3000 89 86 141 136 160 155 180 174 199
3125 86 83 136 132 155 150 173 168 191
3250 83 80 132 127 149 145 167 162 185
3375 81 78 128 123 145 140 162 157 179
3500 78 76 124 120 140 136 157 152 173
3625 76 74 120 117 136 132 152 148 168
3750 74 72 117 114 133 129 148 144 163
3875 72 70 114 111 129 125 144 140 159
4000 71 68 112 108 126 122 140 137 155
4125 69 67 109 106 123 119 137 133 151
4250 67 65 107 103 120 117 134 130 147
4375 66 64 104 101 118 114 131 127 144
4500 65 63 102 99 115 112 128 124 141
4625 63 61 100 97 113 109 125 122 137
4750 62 60 98 95 110 107 122 119 134
4875 61 59 96 93 108 105 120 117 132
5000 60 58 94 92 106 103 117 114 129
5125 58 57 93 90 104 101 115 112 126
5250 57 56 91 88 102 99 112 110 123
5375 56 55 89 86 100 97 110 107 121
5500 55 54 87 85 98 95 108 105 118
5625 54 53 86 83 96 93 106 103 116
5750 53 52 84 82 94 91 104 101 113
5875 52 51 83 80 92 90 102 99 111
6000 51 50 81 79 90 88 100 97 109
6125 50 49 80 78 89 86 98 95 107
6250 50 48 79 76 87 85 96 94 105
6375 49 48 77 75 86 84 95 92 103
6500 48 47 76 74 85 83 93 91 102
6625 48 46 76 74 84 82 92 90 101
6750 47 46 75 73 83 81 91 89 100
6875 47 46 75 73 83 81 91 89 99
7000 47 46 74 72 83 80 91 88 99
7125 47 46 74 72 82 80 90 88 98
7250 47 46 74 72 82 80 90 88 98
7375 47 46 74 72 82 80 90 88 98
7500 47 46 74 72 82 80 90 88 98
<CAPTION>
COLUMN # 5 6 6 7 7 8 8 9 9
ETW 2525 5015 2525 5015 2525 5015 2525 5015 2525
- ------------- ----- ----- ----- ----- ----- ----- ----- ----- -----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1750 315 374 364 390 381 407 397 457 447
1875 297 353 344 368 359 384 375 431 421
2000 281 333 325 348 339 363 354 407 398
2125 267 316 308 329 321 343 335 385 376
2250 253 299 292 312 305 325 318 365 357
2375 241 284 277 297 290 309 302 346 339
2500 230 271 264 283 276 294 288 329 322
2625 219 259 252 270 263 281 274 314 307
2750 210 247 241 258 252 269 262 300 294
2875 201 237 231 247 241 257 251 287 281
3000 194 228 222 237 232 247 241 276 270
3125 186 219 214 228 223 238 232 265 260
3250 180 211 206 220 215 229 224 256 250
3375 174 204 199 213 208 221 216 247 241
3500 169 198 193 206 201 214 209 239 234
3625 164 192 187 200 195 207 203 231 226
3750 159 186 182 194 189 201 197 224 220
3875 155 181 177 188 184 196 191 218 213
4000 151 176 172 183 179 191 186 212 208
4125 147 172 168 179 175 186 181 206 202
4250 143 167 164 174 170 181 177 201 197
4375 140 164 160 170 166 177 173 196 192
4500 137 160 156 166 162 172 169 192 188
4625 134 156 152 162 159 169 165 187 183
4750 131 153 149 159 155 165 161 183 179
4875 128 149 146 155 152 161 157 179 175
5000 126 146 143 152 148 157 154 175 171
5125 123 143 139 148 145 154 150 171 167
5250 120 140 136 145 142 150 147 167 163
5375 118 137 133 142 138 147 144 163 159
5500 115 134 130 139 136 144 141 159 156
5625 113 131 128 136 133 141 138 156 152
5750 111 128 125 133 130 138 135 152 149
5875 108 125 122 130 127 135 132 149 146
6000 106 123 120 127 124 132 129 146 143
6125 104 120 118 125 122 129 126 143 140
6250 102 118 115 123 120 127 124 140 137
6375 101 116 113 120 118 125 122 138 135
6500 99 114 112 119 116 123 120 136 133
6625 98 113 110 117 114 121 119 134 131
6750 97 112 109 116 113 120 117 132 129
6875 97 111 109 115 113 119 117 132 129
7000 96 111 108 115 112 119 116 131 128
7125 96 111 108 115 112 119 116 131 128
7250 96 111 108 115 112 119 116 131 128
7375 96 111 108 115 112 119 116 131 128
7500 96 111 108 115 112 119 116 131 128
<CAPTION>
COLUMN # 10 10 11 11 12 12 13 13
ETW 5015 2525 5015 2525 5015 2525 5015 2525
- ------------- ----- ----- ----- ----- ----- ----- --------- ---------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
1750 706 694 774 761 843 828 1118 1098
1875 665 653 729 717 794 780 1052 1034
2000 627 616 688 676 749 736 992 975
2125 592 582 650 638 707 695 938 921
2250 560 551 615 604 669 658 887 872
2375 531 522 583 573 635 624 841 827
2500 505 496 554 544 603 593 800 786
2625 481 472 528 518 574 564 761 748
2750 459 451 503 495 548 539 726 714
2875 439 431 481 473 524 515 695 683
3000 420 413 461 453 502 493 666 654
3125 404 397 443 435 482 474 639 628
3250 388 382 426 419 464 456 615 604
3375 374 368 411 404 447 440 593 583
3500 362 355 397 390 432 424 573 563
3625 350 344 384 377 418 411 554 544
3750 339 333 372 365 405 398 537 527
3875 329 323 361 355 393 386 521 512
4000 320 314 351 345 382 375 506 497
4125 311 305 341 335 371 365 492 484
4250 303 297 332 326 361 355 479 471
4375 295 290 323 318 352 346 467 459
4500 287 282 315 310 343 337 455 447
4625 280 275 308 302 335 329 444 436
4750 273 269 300 295 327 321 433 425
4875 267 262 293 288 319 313 423 415
5000 260 256 286 281 311 305 412 405
5125 254 250 279 274 304 298 402 395
5250 248 244 272 267 296 291 393 386
5375 242 238 266 261 289 284 383 376
5500 236 232 259 253 282 277 374 367
5625 231 226 253 248 276 271 365 359
5750 225 221 247 243 269 264 357 350
5875 220 216 241 237 263 258 348 342
6000 215 211 236 232 257 252 341 334
6125 210 206 231 227 251 247 333 327
6250 206 202 226 222 246 242 326 320
6375 202 198 222 218 242 237 320 314
6500 199 195 218 214 238 233 315 309
6625 196 192 215 211 234 230 310 304
6750 194 190 213 209 232 227 307 301
6875 193 189 211 207 230 225 305 299
7000 192 188 211 207 229 225 304 298
7125 192 188 211 206 229 225 304 298
7250 192 188 211 206 229 225 304 298
7375 192 188 211 206 229 225 304 298
7500 192 188 211 206 229 225 304 298
</TABLE>
PAGE 4
<PAGE>
(ii) ASM2525 and ASM5015 Carbon Monoxide (%CO) Table
<TABLE>
<CAPTION>
- -------------------------------------------------------------------------------------------------------------------------
Column # 21 21 22 22 23 23 24 24 25 25 26 26 27 27
- ----------
ETW 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525
- -------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1750 0.80 0.77 1.26 1.22 1.64 1.83 2.02 2.43 2.21 2.73 2.78 3.64 2.97 3.94
1875 0.75 0.73 1.19 1.16 1.55 1.72 1.91 2.29 2.09 2.58 2.63 3.43 2.81 3.71
2000 0.71 0.69 1.13 1.09 1.47 1.63 1.81 2.17 1.97 2.43 2.48 3.24 2.65 3.51
2125 0.68 0.66 1.07 1.04 1.39 1.54 1.71 2.05 1.87 2.30 2.35 3.06 2.51 3.32
2250 0.64 0.62 1.02 0.99 1.32 1.47 1.62 1.94 1.77 2.18 2.23 2.90 2.38 3.14
2375 0.61 0.59 0.97 0.94 1.26 1.39 1.54 1.85 1.69 2.07 2.12 2.76 2.26 2.98
2500 0.59 0.57 0.93 0.90 1.20 1.33 1.47 1.76 1.61 1.97 2.02 2.62 2.15 2.84
2625 0.56 0.54 0.89 0.86 1.15 1.27 1.41 1.68 1.53 1.88 1.92 2.50 2.05 2.70
2750 0.54 0.52 0.85 0.82 1.10 1.21 1.34 1.60 1.47 1.80 1.84 2.39 1.96 2.58
2875 0.52 0.50 0.82 0.79 1.05 1.16 1.29 1.54 1.41 1.72 1.76 2.29 1.88 2.47
3000 0.50 0.48 0.79 0.76 1.01 1.12 1.24 1.48 1.35 1.66 1.69 2.19 1.80 2.37
3125 0.48 0.46 0.76 0.73 0.98 1.08 1.19 1.42 1.30 1.59 1.63 2.11 1.74 2.28
3250 0.46 0.45 0.73 0.71 0.94 1.04 1.15 1.37 1.26 1.53 1.57 2.03 1.67 2.20
3375 0.45 0.43 0.71 0.69 0.91 1.00 1.11 1.32 1.21 1.48 1.52 1.96 1.62 2.12
3500 0.44 0.42 0.69 0.67 0.88 0.97 1.08 1.28 1.17 1.43 1.47 1.89 1.56 2.05
3625 0.42 0.41 0.67 0.65 0.86 0.94 1.05 1.24 1.14 1.39 1.42 1.84 1.52 1.98
3750 0.41 0.40 0.65 0.63 0.83 0.92 1.02 1.20 1.11 1.35 1.38 1.78 1.47 1.92
3875 0.40 0.39 0.63 0.61 0.81 0.89 0.99 1.17 1.08 1.31 1.34 1.73 1.43 1.87
4000 0.39 0.38 0.62 0.60 0.79 0.87 0.96 1.14 1.05 1.28 1.31 1.68 1.39 1.82
4125 0.38 0.37 0.60 0.58 0.77 0.85 0.94 1.11 1.02 1.24 1.27 1.64 1.36 1.77
4250 0.37 0.36 0.59 0.57 0.75 0.83 0.92 1.08 1.00 1.21 1.24 1.60 1.32 1.72
4375 0.36 0.35 0.58 0.56 0.74 0.81 0.89 1.06 0.97 1.18 1.21 1.56 1.29 1.68
4500 0.36 0.35 0.57 0.55 0.72 0.79 0.87 1.03 0.95 1.16 1.18 1.52 1.26 1.64
4625 0.35 0.34 0.55 0.54 0.70 0.77 0.85 1.01 0.93 1.13 1.15 1.48 1.23 1.60
4750 0.34 0.33 0.54 0.53 0.69 0.76 0.84 0.99 0.91 1.10 1.13 1.45 1.20 1.57
4875 0.34 0.33 0.53 0.52 0.67 0.74 0.82 0.97 0.89 1.08 1.10 1.42 1.17 1.53
5000 0.33 0.32 0.52 0.51 0.66 0.73 0.80 0.95 0.87 1.05 1.08 1.38 1.15 1.49
5125 0.32 0.31 0.51 0.50 0.65 0.71 0.78 0.92 0.85 1.03 1.05 1.35 1.12 1.46
5250 0.32 0.31 0.50 0.49 0.63 0.70 0.77 0.90 0.83 1.01 1.03 1.32 1.10 1.43
5375 0.31 0.30 0.49 0.48 0.62 0.68 0.75 0.89 0.81 0.99 1.01 1.29 1.07 1.39
5500 0.30 0.30 0.48 0.47 0.61 0.67 0.73 0.87 0.80 0.97 0.99 1.26 1.05 1.36
5625 0.30 0.29 0.47 0.46 0.59 0.65 0.72 0.85 0.78 0.94 0.97 1.24 1.03 1.33
5750 0.29 0.29 0.46 0.45 0.58 0.64 0.70 0.83 0.76 0.92 0.94 1.21 1.01 1.30
5875 0.29 0.28 0.45 0.44 0.57 0.63 0.69 0.81 0.75 0.91 0.92 1.18 0.98 1.27
6000 0.28 0.28 0.44 0.44 0.56 0.62 0.67 0.80 0.73 0.89 0.91 1.16 0.96 1.25
6125 0.28 0.27 0.44 0.43 0.55 0.61 0.66 0.78 0.72 0.87 0.89 1.13 0.94 1.22
6250 0.27 0.27 0.43 0.42 0.54 0.60 0.65 0.77 0.71 0.85 0.87 1.11 0.93 1.20
6375 0.27 0.26 0.42 0.42 0.53 0.59 0.64 0.76 0.69 0.84 0.86 1.09 0.91 1.18
6500 0.26 0.26 0.42 0.41 0.52 0.58 0.63 0.74 0.68 0.83 0.84 1.08 0.90 1.16
6625 0.26 0.26 0.41 0.41 0.52 0.57 0.62 0.73 0.67 0.82 0.83 1.06 0.88 1.14
6750 0.26 0.26 0.41 0.41 0.51 0.57 0.61 0.73 0.67 0.81 0.82 1.05 0.88 1.13
6875 0.26 0.25 0.40 0.40 0.51 0.56 0.61 0.72 0.66 0.80 0.82 1.04 0.87 1.12
7000 0.25 0.25 0.40 0.40 0.51 0.56 0.61 0.72 0.66 0.80 0.82 1.04 0.87 1.12
7125 0.25 0.25 0.40 0.40 0.51 0.56 0.61 0.72 0.66 0.80 0.81 1.04 0.87 1.12
7250 0.25 0.25 0.40 0.40 0.50 0.56 0.61 0.72 0.66 0.80 0.81 1.04 0.86 1.12
7375 0.25 0.25 0.40 0.40 0.50 0.56 0.61 0.72 0.66 0.80 0.81 1.04 0.86 1.12
7500 0.25 0.25 0.40 0.40 0.50 0.56 0.61 0.72 0.66 0.80 0.81 1.04 0.86 1.12
- -------------------------------------------------------------------------------------------------------------------------
<CAPTION>
- -------------------------------------------------------------------------------------------------------------------------
Column # 28 28 29 29 30 30 31 31 32 32 33 33 34 34
- ----------
ETW 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525
- -------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1750 3.16 4.24 3.54 4.85 3.92 5.45 4.31 6.06 5.07 7.26 5.26 7.44 8.02 9.90
1875 2.98 4.00 3.34 4.57 3.70 5.14 4.06 5.70 4.78 6.84 4.96 7.05 7.56 9.90
2000 2.82 3.77 3.16 4.31 3.49 4.85 3.83 5.38 4.51 6.45 4.68 6.68 7.14 9.90
2125 2.67 3.57 2.99 4.08 3.31 4.58 3.63 5.09 4.26 6.10 4.43 6.34 6.75 9.66
2250 2.53 3.38 2.83 3.86 3.13 4.34 3.44 4.82 4.04 5.78 4.20 6.00 6.40 9.14
2375 2.40 3.21 2.69 3.66 2.98 4.12 3.26 4.57 3.83 5.48 3.98 5.69 6.07 8.67
2500 2.29 3.05 2.56 3.48 2.83 3.91 3.10 4.35 3.65 5.21 3.79 5.41 5.78 8.25
2625 2.18 2.91 2.44 3.32 2.70 3.73 2.96 4.14 3.48 4.96 3.61 5.15 5.51 7.85
2750 2.09 2.78 2.33 3.17 2.58 3.56 2.83 3.95 3.32 4.73 3.45 4.92 5.26 7.50
2875 2.00 2.66 2.23 3.03 2.47 3.41 2.71 3.78 3.18 4.53 3.30 4.70 5.03 7.17
3000 1.92 2.55 2.14 2.91 2.37 3.27 2.60 3.62 3.05 4.34 3.17 4.51 4.83 6.87
3125 1.84 2.45 2.06 2.79 2.28 3.14 2.50 3.48 2.93 4.17 3.04 4.33 4.64 6.60
3250 1.78 2.36 1.99 2.69 2.20 3.02 2.40 3.35 2.82 4.01 2.93 4.17 4.47 6.35
3375 1.72 2.28 1.92 2.60 2.12 2.91 2.32 3.23 2.72 3.87 2.83 4.02 4.31 6.13
3500 1.66 2.20 1.86 2.51 2.05 2.82 2.24 3.12 2.63 3.74 2.73 3.88 4.17 5.92
3625 1.61 2.13 1.80 2.43 1.99 2.73 2.17 3.02 2.55 3.62 2.65 3.76 4.04 5.75
3750 1.56 2.07 1.74 2.36 1.93 2.64 2.11 2.93 2.47 3.51 2.57 3.64 3.91 5.55
3875 1.52 2.01 1.69 2.29 1.87 2.57 2.05 2.85 2.40 3.40 2.49 3.54 3.80 5.39
4000 1.48 1.95 1.65 2.22 1.82 2.49 1.99 2.77 2.33 3.31 2.43 3.44 3.70 5.24
4125 1.44 1.90 1.61 2.16 1.77 2.43 1.94 2.69 2.27 3.22 2.36 3.34 3.60 5.09
4250 1.40 1.85 1.56 2.11 1.73 2.36 1.89 2.62 2.21 3.13 2.30 3.25 3.51 4.96
4375 1.37 1.81 1.53 2.06 1.68 2.31 1.84 2.55 2.16 3.05 2.24 3.17 3.42 4.83
4500 1.34 1.76 1.49 2.01 1.64 2.25 1.80 2.49 2.11 2.98 2.19 3.09 3.34 4.71
4625 1.30 1.72 1.46 1.96 1.61 2.19 1.76 2.43 2.06 2.90 2.14 3.02 3.26 4.60
4750 1.28 1.68 1.42 1.91 1.57 2.14 1.72 2.37 2.01 2.83 2.09 2.95 3.18 4.49
4875 1.25 1.64 1.39 1.87 1.53 2.09 1.68 2.32 1.96 2.77 2.04 2.87 3.11 4.38
5000 1.22 1.60 1.36 1.82 1.50 2.04 1.64 2.26 1.92 2.70 1.99 2.81 3.03 4.28
5125 1.19 1.57 1.33 1.78 1.46 2.00 1.60 2.21 1.87 2.64 1.95 2.74 2.97 4.18
5250 1.16 1.53 1.30 1.74 1.43 1.95 1.56 2.16 1.83 2.58 1.90 2.68 2.90 4.08
5375 1.14 1.50 1.27 1.70 1.40 1.90 1.53 2.11 1.79 2.51 1.86 2.61 2.83 3.98
5500 1.11 1.46 1.24 1.66 1.37 1.86 1.49 2.06 1.75 2.46 1.82 2.55 2.77 3.89
5625 1.09 1.43 1.21 1.62 1.34 1.82 1.46 2.01 1.71 2.40 1.77 2.49 2.70 3.80
5750 1.07 1.40 1.19 1.59 1.31 1.78 1.43 1.96 1.67 2.34 1.74 2.43 2.64 3.71
5875 1.04 1.37 1.16 1.55 1.28 1.74 1.40 1.92 1.63 2.29 1.70 2.38 2.59 3.62
6000 1.02 1.34 1.14 1.52 1.25 1.70 1.37 1.88 1.60 2.24 1.66 2.33 2.53 3.54
6125 1.00 1.31 1.11 1.49 1.23 1.66 1.34 1.84 1.57 2.19 1.63 2.28 2.48 3.47
6250 0.98 1.28 1.09 1.46 1.20 1.63 1.31 1.80 1.54 2.15 1.60 2.23 2.43 3.40
6375 0.96 1.26 1.07 1.43 1.18 1.60 1.29 1.77 1.51 2.11 1.57 2.19 2.39 3.34
6500 0.95 1.24 1.06 1.41 1.16 1.57 1.27 1.74 1.48 2.07 1.54 2.15 2.35 3.28
6625 0.94 1.23 1.04 1.39 1.15 1.55 1.25 1.72 1.46 2.04 1.52 2.12 2.32 3.23
6750 0.93 1.21 1.03 1.37 1.14 1.54 1.24 1.70 1.45 2.02 1.50 2.10 2.29 3.20
6875 0.92 1.20 1.02 1.36 1.13 1.52 1.23 1.68 1.44 2.00 1.49 2.08 2.28 3.17
7000 0.92 1.20 1.02 1.36 1.12 1.52 1.23 1.68 1.43 2.00 1.49 2.08 2.27 3.17
7125 0.92 1.20 1.02 1.36 1.12 1.52 1.22 1.68 1.43 2.00 1.49 2.08 2.27 3.17
7250 0.92 1.20 1.02 1.36 1.12 1.52 1.22 1.68 1.43 2.00 1.49 2.08 2.27 3.17
7375 0.92 1.20 1.03 1.36 1.12 1.52 1.22 1.68 1.43 2.00 1.49 2.08 2.27 3.17
7500 0.92 1.20 1.02 1.36 1.12 1.52 1.22 1.68 1.43 2.00 1.49 2.08 2.27 3.17
- -------------------------------------------------------------------------------------------------------------------------
</TABLE>
PAGE 5 7/2/96 TEST STANDARDS AND CALCULATIONS
<PAGE>
(iii) ASM2525 and ASM5015 Nitric Oxide (% NO) Table
<TABLE>
<CAPTION>
- ---------------------------------------------------------------------------------------------------------
Column # 41 41 42 42 43 43 44 44 45 45 46 46
- ----------
ETW 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525
----------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1750 1212 1095 1819 1642 2272 2114 2725 2587 3178 3060 3631 3532
1875 1142 1031 1713 1547 2181 1991 2649 2435 3117 2879 3586 3323
2000 1077 973 1616 1460 2058 1877 2499 2295 2941 2713 3383 3131
2125 1018 920 1527 1380 1944 1774 2360 2167 2776 2561 3192 2955
2250 964 871 1446 1307 1839 1678 2232 2050 2625 2422 3018 2794
2375 915 827 1372 1240 1744 1592 2115 1943 2487 2295 2859 2646
2500 869 786 1304 1179 1657 1512 2009 1845 2361 2179 2714 2512
2625 828 749 1242 1123 1577 1440 1912 1756 2246 2073 2581 2389
2750 791 715 1186 1072 1504 1374 1823 1675 2142 1976 2460 2277
2875 756 684 1134 1026 1438 1313 1742 1601 2046 1888 2350 2175
3000 725 656 1088 984 1378 1258 1668 1533 1959 1808 2249 2082
3125 696 630 1045 945 1323 1208 1601 1471 1879 1734 2157 1997
3250 670 607 1006 910 1273 1163 1539 1415 1806 1667 2073 1920
3375 647 585 970 878 1227 1121 1483 1363 1740 1606 1997 1849
3500 625 566 937 848 1184 1082 1432 1316 1679 1550 1926 1784
3625 605 547 907 821 1146 1047 1384 1273 1623 1498 1862 1724
3750 586 531 879 796 1110 1014 1340 1233 1571 1451 1802 1669
3875 569 515 853 773 1077 984 1300 1195 1523 1407 1747 1618
4000 553 501 829 751 1046 956 1262 1161 1479 1365 1695 1570
4125 538 487 807 731 1017 930 1227 1128 1437 1327 1647 1526
4250 524 475 786 712 990 905 1194 1098 1398 1291 1602 1484
4375 510 463 766 694 964 882 1162 1069 1360 1257 1559 1444
4500 498 451 747 677 939 859 1132 1042 1325 1224 1518 1406
4625 486 440 728 661 916 838 1104 1015 1291 1193 1479 1370
4750 474 430 711 645 893 818 1076 990 1259 1163 1441 1336
4875 463 420 694 630 872 798 1049 966 1227 1134 1405 1302
5000 452 410 677 615 850 778 1023 942 1196 1106 1369 1269
5125 441 400 661 600 830 760 998 919 1167 1078 1335 1237
5250 431 391 646 586 810 741 974 896 1138 1051 1301 1206
5375 420 382 631 573 790 723 950 874 1109 1025 1269 1176
5500 410 373 616 559 771 706 926 853 1082 1000 1237 1147
5625 401 364 601 546 752 689 904 832 1055 975 1206 1118
5750 391 356 587 534 734 673 882 812 1029 951 1176 1090
5875 383 348 574 522 717 657 860 793 1004 928 1147 1064
6000 374 340 561 510 701 642 840 774 980 906 1120 1039
6125 366 333 549 499 685 628 822 757 958 886 1094 1015
6250 359 326 538 489 671 615 804 741 937 867 1070 993
6375 352 320 528 480 658 604 788 727 919 850 1049 973
6500 346 315 519 473 647 593 775 714 902 835 1030 956
6625 341 311 512 466 638 585 763 704 889 823 1014 941
6750 338 307 507 461 631 578 755 696 879 813 1003 931
6875 335 305 503 458 626 574 749 691 872 807 995 924
7000 335 305 502 457 624 573 747 689 870 805 992 921
7125 335 305 502 457 625 573 747 689 870 805 992 921
7250 335 305 502 457 625 573 747 689 870 805 992 921
7375 335 305 502 457 625 573 747 689 870 805 992 921
7500 335 305 502 457 625 573 747 689 870 805 992 921
- ---------------------------------------------------------------------------------------------------------
<CAPTION>
- -----------------------------------------------------------------------------------------
Column # 47 47 48 48 49 49 50 50 51 51
- ----------
ETW 5015 2525 5015 2525 5015 2525 5015 2525 5015 2525
------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1750 4084 4005 4990 4950 4990 4960 4990 4980 4990 4990
1875 4054 3767 4990 4655 4990 4738 4990 4906 4990 4990
2000 3824 3548 4707 4384 4778 4535 4919 4838 4990 4990
2125 3609 3348 4441 4136 4578 4349 4853 4776 4990 4990
2250 3411 3165 4197 3909 4395 4179 4792 4720 4990 4990
2375 3231 2998 3974 3701 4228 4024 4736 4668 4990 4990
2500 3066 2845 3771 3512 4076 3881 4685 4620 4990 4990
2625 2916 2706 3585 3339 3936 3752 4639 4577 4990 4990
2750 2779 2579 3416 3181 3809 3579 4596 4374 4990 4772
2875 2654 2463 3261 3037 3669 3417 4484 4176 4892 4556
3000 2539 2357 3120 2906 3510 3270 4290 3996 4680 4359
3125 2435 2260 2992 2787 3366 3135 4114 3832 4488 4180
3250 2340 2172 2874 2677 3234 3012 3952 3681 4311 4016
3375 2253 2092 2767 2577 3113 2899 3804 3544 4150 3866
3500 2174 2018 2668 2486 3002 2796 3669 3418 4002 3728
3625 2100 1950 2578 2401 2900 2701 3544 3302 3867 3602
3750 2033 1887 2494 2323 2806 2614 3429 3195 3741 3485
3875 1970 1829 2417 2251 2719 2533 3323 3096 3625 3377
4000 1912 1775 2345 2184 2638 2457 3224 3003 3517 3276
4125 1857 1724 2277 2122 2562 2387 3131 2917 3416 3182
4250 1806 1677 2214 2063 2490 2320 3044 2836 3321 3094
4375 1757 1632 2154 2007 2423 2258 2961 2759 3230 3010
4500 1711 1589 2096 1953 2359 2198 2883 2686 3145 2930
4625 1666 1548 2042 1903 2297 2140 2807 2616 3063 2854
4750 1624 1508 1989 1854 2238 2085 2735 2549 2983 2780
4875 1583 1470 1938 1806 2180 2032 2665 2483 2907 2709
5000 1542 1433 1889 1760 2125 1980 2597 2420 2833 2640
5125 1503 1397 1840 1715 2070 1930 2530 2359 2760 2573
5250 1465 1362 1793 1672 2017 1881 2466 2298 2690 2507
5375 1428 1327 1747 1629 1966 1833 2403 2240 2621 2443
5500 1392 1294 1703 1587 1916 1786 2341 2183 2554 2381
5625 1357 1261 1659 1547 1867 1740 2282 2127 2489 2321
5750 1323 1230 1617 1508 1820 1697 2224 2074 2426 2262
5875 1290 1199 1577 1471 1774 1654 2168 2022 2366 2206
6000 1259 1171 1539 1435 1731 1614 2116 1973 2308 2152
6125 1230 1144 1503 1401 1690 1577 2066 1927 2254 2102
6250 1203 1119 1469 1371 1653 1542 2020 1884 2204 2056
6375 1179 1096 1439 1343 1619 1510 1979 1846 2159 2014
6500 1158 1077 1413 1318 1590 1483 1943 1813 2119 1977
6625 1140 1060 1391 1298 1565 1460 1913 1785 2087 1947
6750 1127 1048 1374 1283 1546 1443 1890 1764 2062 1924
6875 1118 1040 1364 1273 1534 1432 1875 1750 2046 1909
7000 1115 1037 1360 1269 1530 1428 1870 1745 2040 1904
7125 1115 1037 1360 1269 1531 1428 1874 1745 2045 1904
7250 1115 1037 1360 1269 1531 1428 1874 1745 2045 1904
7375 1115 1037 1360 1269 1531 1428 1874 1745 2045 1904
7500 1115 1037 1360 1269 1531 1428 1874 1745 2045 1904
- -----------------------------------------------------------------------------------------
</TABLE>
PAGE 6 7/2/96 TEST STANDARDS AND CALCULATIONS
<PAGE>
(b) Test Score Calculation
(1) EXHAUST GAS MEASUREMENT CALCULATION.
(i) MEASUREMENT START. The analysis and recording of exhaust
gas concentrations shall begin 15 seconds after the
applicable test mode begins, or sooner if the system response
time (to 100%) is less than 15 seconds. The analysis and
recording of exhaust gas concentrations shall not begin sooner
than the time period equivalent to the response time of the
slowest transducer.
(ii) SAMPLE RATE. Exhaust gas concentrations shall be analyzed at
a minimum rate of once per second.
(iii) EMISSION MEASUREMENT CALCULATIONS. Partial stream
(concentration) emissions shall be calculated based on a
running 10 second average. The values used for HC(j), CO(j),
and NO(j) are the raw (uncorrected) tailpipe concentrations.
jHC(j) * DCF(j)
j-10
(A) AvgHC = -------------------
10
jCO(j) * DCF(j)
j-10
(B) AvgCO = -------------------
10
jNO(j) * DCF(j)
j-10
(C) AvgNO = -------------------
10
(iv) DILUTION CORRECTION FACTOR. The analyzer software shall
multiply the raw emissions values by the Dilution Correction
Factor (DCF) during any valid ASM emissions test. The DCF
accounts for exhaust sample dilution (either intentional or
unintentional) during an emissions test. The analyzer
software shall calculate the DCF using the following
procedure, and shall select the appropriate vehicle fuel
formula. If the calculated DCF exceeds 3.0 then a default
value of 3.0 shall be used.
[CO2]measured
(A) X = ----------------------------
[CO2]measured + [CO]measured
Where [CO2]measured and [CO]measured are the
instantaneous ASM emissions test readings.
(B) Calculate [CO2]adjusted using the following formulas.
(1) For Gasoline:
_ _
| X |
[CO2]adjusted = | --------------- | *100
|_ 4.644+1.88X _|
PAGE 7 7/2/96 TEST STANDARDS AND CALCULATIONS
<PAGE>
(2) For Methanol or Ethanol:
_ _
| X |
[CO2]adjusted = | --------------- | *100
|_ 4.73+1.88X _|
(3) For Compressed Natural Gas (CNG):
_ _
| X |
[CO2]adjusted = | --------------- | *100
|_ 6.64+1.88X _|
(4) For Liquid Propane Gas (LPG):
_ _
| X |
[CO2]adjusted = | --------------- | *100
|_ 5.39+1.88X _|
(C) Calculate the DCF using the following formula:
[CO2]adjusted
DCF = ----------------
[CO2]measured
(v) NO HUMIDITY CORRECTION FACTOR. The NO measurement shall be
adjusted based on relative humidity using a correction factor
Kh, calculated as follows:
1
(A) Kh = ----------------
1 - 0.0047(H-75)
(B) H = Absolute humidity in grains of water per pound of
dry air.
(43.478)Ra*Pd
= ----------------
PB-(Pd*Ra/100)
(C) Ra = Relative humidity of the ambient air, percent.
(D) Pd = Saturated vapor pressure, mm Hg at the ambient dry
bulb temperature. If the temperature is above
86 F, then it shall be used in lieu of the higher
temperature, until EPA supplies final correction
factors.
(E) PB = Barometric pressure, mm Hg.
(2) PASS/FAIL DETERMINATION. A pass or fail determination shall be
made for each applicable test mode based on a comparison of the
applicable test standards and the measured value for HC, CO, and NO
as described in Section 85.1(b)(1)(iii). A vehicle shall pass the
test mode if the emission values for HC, CO, and NO are
simultaneously below or equal to the applicable short test
standards for all three pollutants. A vehicle shall fail the
test mode if the values for HC, CO, or NO, or any combination of
the three, are above the applicable standards at the expiration
of the test time.
PAGE 8 7/2/96 TEST STANDARDS AND CALCULATIONS
<PAGE>
Section 85.2 TEST PROCEDURES
(a) General Requirements.
(1) VEHICLE CHARACTERIZATION. The following information shall be
determined for the vehicle being tested and used to automatically
select the dynamometer power absorption settings:
(i) Vehicle type: LDGV, LDGT1, LDGT2, HDGT, and others as needed
(ii) Chassis model year
(iii) Make
(iv) Model
(v) Number of cylinders
(vi) Cubic inch or liters displacement of the engine
(vii) Transmission type
(viii) Equivalent Test Weight.
(2) AMBIENT CONDITIONS. The ambient temperature, absolute humidity,
and barometric pressure shall be recorded continuously during the
test cycle or as a single set of readings up to 4 minutes before
the start of the driving cycle.
(3) RESTART. If shut off, the vehicle shall be restarted as soon as
possible before the test and shall be running for at least 30
seconds prior to the start of the ASM driving cycle.
(4) VOID TEST CONDITIONS. The test shall immediately end and any
exhaust gas measurements shall be voided if the instantaneous
measured concentration of CO plus C02 falls below six percent or
the vehicle's engine stalls at any time during the test sequence.
(5) VEHICLE BRAKES. The vehicle's brakes shall not be applied during
the test modes. If the vehicles brakes are applied during testing
the mode timer shall be reset to zero (tt=0).
(6) TEST TERMINATION. The test shall be aborted or terminated upon
reaching the overall maximum test time.
(b) Vehicle Pre-inspection and Preparation.
(1) ACCESSORIES. All accessories (air conditioning, heat, defogger,
radio, automatic traction control if switchable, etc.) shall be
turned off (if necessary, by the inspector).
(2) EXHAUST LEAKS. The vehicle shall be inspected for exhaust leaks.
Audio assessment while blocking exhaust flow, or gas measurement
of carbon dioxide or other gases shall be acceptable. Vehicles
with leaking exhaust systems shall be rejected from testing.
PAGE 9 7/2/96 TEST PROCEDURES
<PAGE>
(3) FLUID LEAKS. The vehicle shall be inspected for fluid leaks.
Vehicles with leaking engine oil, transmission fluid, or coolant
shall be rejected from testing.
(4) MECHANICAL CONDITION. Vehicles with obvious mechanical problems
(engine, transmission, brakes, or exhaust) that either create a
safety hazard or could bias test results shall be rejected from
testing.
(5) OPERATING TEMPERATURE. The vehicle shall be at normal operating
temperature prior to the start of the test. The vehicle
temperature gauge, if equipped and operating, shall be checked to
assess temperature. Vehicles in overheated condition shall be
rejected from testing.
(6) TIRE CONDITION. Vehicles shall be rejected from testing if tread
indicators, tire cords, bubbles, cuts, or other damage are
visible. Vehicles shall be rejected from testing if they have
space-saver spare tires or if they do not have reasonably sized
tires on the drive axle or axles. Vehicles may be rejected if
they have different sized tires on the drive axle or axles. In
test-and-repair facilities, drive wheel tires shall be checked
with a gauge for adequate tire pressure. In test-only
facilities, drive wheel tires shall be visually checked for
adequate pressure level. Drive wheel tires that appear low shall
be inflated to approximately 30 psi, or to tire side wall
pressure, or vehicle manufacturers recommendation.
Alternatively, vehicles with apparent low tire pressure may be
rejected from testing.
(7) GEAR SELECTION. The vehicle shall be operated during each mode
of the test with the gear selector in drive for automatic
transmissions and in second (or third if more appropriate) for
manual transmissions for the loaded modes.
(8) ROLL ROTATION. The vehicle shall be maneuvered onto the
dynamometer with the drive wheels positioned on the dynamometer
rolls. Prior to test initiation, the rolls shall be rotated
until the vehicle laterally stabilizes on the dynamometer.
Vehicles that cannot be stabilized on the dynamometer shall be
rejected from testing. Drive wheel tires shall be dried if
necessary to prevent slippage.
(9) VEHICLE RESTRAINT. Testing shall not begin until the vehicle is
restrained. Any restraint system shall meet the requirements of
Section 85.3(a)(5)(ii). In addition, the parking brake shall be
set for front wheel drive vehicles prior to the start of the
test, unless parking brake functions on front axle or if is
automatically disengaged when in gear.
(10) VEHICLE CONDITIONING
(i). QUEUING TIME. When a vehicle waits in a queue more than 20
minutes or when a vehicle is shut-off for more than 5 minutes
prior to the test, vehicle conditioning shall be performed
for 60 seconds, as specified in Section 85.2(b)(10)(ii)(C).
Emissions may be monitored during this cycle and if passing
readings are obtained, as specified for the ASM cycle in
Section 85.2(d), then the cycle may be terminated and the
respective ASM mode skipped.
PAGE 10 7/2/96 TEST PROCEDURES
<PAGE>
(ii) DISCRETIONARY PRECONDITIONING. At the program's discretion,
any vehicle may be preconditioned using any of the following
methods:
(A) NON-LOADED PRECONDITIONING. Increase engine speed to
approximately 2500 rpm, for up to 4 minutes, with or
without a tachometer.
(B) LOADED PRECONDITIONING. Drive the vehicle on the
dynamometer at 30 miles per hour for up to 240 seconds
at road-load.
(C) ASM PRECONDITIONING. Drive the vehicle on the
dynamometer using either mode of the ASM test as
specified in Section 85.2(d).
(D) TRANSIENT PRECONDITIONING. After maneuvering the
vehicle onto the dynamometer, drive a transient cycle
consisting of speed, time, acceleration, and load
relationships such as the IM240.
(c) Equipment Preparation and Settings.
(1) ANALYZER WARM-UP. Emission testing shall be locked out until the
analyzer is warmed-up and stable. The analyzer shall reach
stability within 30 minutes from startup. If an analyzer does
not achieve stability within the allotted time frame, it shall
remain locked out from testing. The instrument shall be
considered "warmed-up" when the zero and span readings for HC,
CO, NO, and C0(2) have stabilized within the accuracy values
specified in Section 85.3(c)(3) for five minutes without
adjustment (this does not require span gas verification of warm-up,
but provides the quality assurance method for checking).
(2) EMISSION SAMPLE SYSTEM PURGE. While a lane is in operation, the
sample system shall be continuously purged after each test for at
least 15 minutes if not taking measurements.
(3) PROBE INSERTION. The sample probe shall be inserted into the
vehicle's tailpipe to a minimum depth of 10 inches. If the
vehicle's exhaust system prevents insertion to this depth, a
tailpipe extension shall be used.
(4) MULTIPLE EXHAUST PIPES. Exhaust gas concentrations from vehicle
engines equipped with functionally independent multiple exhaust
pipes shall be sampled simultaneously.
(5) ANALYZER PREPARATION. The analyzer shall perform an automatic
zero, an ambient air reading, and an HC hang-up check prior to
each test. This process shall occur within two minutes of the
start of the test.
(i) AUTOMATIC GAS ZERO. The analyzer shall conduct automatic zero
adjustments using the zero gas specified in Section
85.4(d)(2)(iii). The zero adjustment shall include the HC, CO,
C0(2), and NO channels. Bottled or generated zero air may be
used.
PAGE 11 7/2/96 TEST PROCEDURES
<PAGE>
(ii) AMBIENT AIR READING. Filtered ambient air shall be introduced
to the analyzer before the sample pump, but after the sample
probe, hose, and filter/water trap. The analyzer shall record
the concentrations of the four measured gases, but shall make
no adjustments.
(iii) HC HANG-UP DETERMINATION. The analyzer shall sample ambient
air through the probe to determine background pollution levels
and HC hang-up. The analyzer shall be locked out from testing
until (1) the sample through probe has less than 15 ppm HC,
0.02% CO, and 25 ppm NO; and, (2) the residual HC in the
sampling system (probe sample - ambient air reading) is less
than 7 ppm.
(6) COOLING SYSTEM. When ambient temperatures exceed 72DEG.F, testing
shall not begin until the cooling system blower is positioned and
activated. The cooling system blower shall be positioned to
direct air to the vehicle cooling system, but shall not be
directed at the catalytic converter.
(7) DYNAMOMETER WARM-UR. The dynamometer shall be automatically
warmed-up prior to official testing and shall be locked out until
it is warmed-up. Dynamometers resting (not operated for at least
30 seconds and at least 15 mph) for more than 30 minutes shall
pass the coast-down check specified in Section 85.4(b)(1) prior
to use in testing. As specified in Section 85.4(a)(2), control
charts may be used to demonstrate allowing a longer duration of
inactivity before a required warm-up.
(8) LOAD SETTING. Prior to each mode, the system shall automatically
select the load setting of the dynamometer from a look-up table
supplied by EPA or the state.
(9) ENGINE SPEED. Engine speed measurement equipment shall be
attached on all 1996 and newer light duty vehicles and trucks,
and in test-and-repair programs, engine speed shall also be
monitored on all pre-1996 vehicles. Starting in 1998, the SAE-
standardized OBD plug shall be used on 1996 and newer vehicles.
Engine speed measurement equipment shall meet the requirements of
Section 85.3(c)(5).
(d) Test Procedures.
The test sequence shall consist of either a single ASM mode or both ASM
modes described in Section 85.2(d)(1) and (2), and may be performed in
either order (with appropriate change in transition requirements in
Section 85.2(d)(1)(iv)). Vehicles that fail the first-chance test
described in Section 85.2(d) shall receive a second-chance test if the
conditions in Section 85.2(e) apply. The test timer shall start (tt=0)
when the conditions specified in Section 85.2(c)(2) and Section 85.2(c)(3)
are met and the mode timer initiates as specified in Section 85.2(d)(1)
or Section 85.2(d)(2). The test sequence shall have an overall maximum
test time of 290 seconds (tt=290). The test shall be immediately
terminated or aborted upon reaching the overall maximum test time.
(1) ASM5015 MODE.
(i) The mode timer shall start (mt=0) when the dynamometer speed
(and corresponding power) is maintained within 15 PLUS OR
MINUS 1.0 miles per hour for 5 continuous seconds. If the
inertia simulation error exceeds the tolerance specified in
Section 85.3(a)(4)(ii)(A) (or Section 85.3(a)(4)(ii)(B)
if used) for more than 3 consecutive seconds after the mode
timer is started, the test mode timer shall
PAGE 12 7/2/96 TEST PROCEDURES
<PAGE>
be set to mt=0. Should this happen a second time, the test
shall be aborted. The dynamometer shall apply the correct
torque for 15.0 mph for the torque at any testing speed
within the tolerance of 15 PLUS OR MINUS 1.0 miles per hour
(i.e., constant torque load over speed range). The torque
tolerance shall be PLUS OR MINUS 5% of the correct torque
at 15 mph.
(ii) The dynamometer power shall be automatically selected from
an EPA-supplied or EPA-approved look-up table, based upon
the vehicle identification information described in Section
85.2(a)(1). Vehicles not listed in the look-up table and
for which ETW is not available shall be tested using the
following default settings:
<TABLE>
<CAPTION>
Default ASM5015 Actual Horsepower Settings
For 8.6" Dynamometers HP5015(8)
-------------------------------------------------------------------
Vehicle Type
Number of Cylinders 3 4 5 & 6 8 GREATER THAN 8
-------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Sedans 7.9 11.4 13.8 16.4 16.0
Station Wagons 8.1 11.7 13.8 16.1 16.1
Mini-vans 10.2 14.1 15.8 17.9 18.2
Pickup Trucks 9.6 13.1 16.4 19.2 21.1
Sport/Utility 10.1 13.4 15.5 19.4 21.1
Full Vans 10.3 13.9 17.7 19.6 20.5
-------------------------------------------------------------------
</TABLE>
<TABLE>
<CAPTION>
Default ASM5015 Actual Horsepower Settings
For 20" Dynamometers HP5015(20)
-------------------------------------------------------------------
Vehicle Type
Number of Cylinders 3 4 5 & 6 8 GREATER THAN 8
-------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Sedans 8.1 11.8 14.3 16.9 16.6
Station Wagons 8.3 12.1 14.2 16.6 16.6
Mini-vans 10.4 14.5 16.3 18.5 18.7
Pickup Trucks 9.8 13.4 16.8 19.8 21.7
Sport/Utility 10.5 13.8 15.9 19.9 21.7
Full Vans 10.8 14.4 18.2 20.2 21.1
-------------------------------------------------------------------
</TABLE>
If the dynamometer speed or torque falls outside the speed
or torque tolerance for more than 2 consecutive seconds,
or for more than 5 seconds total, the mode timer shall
reset to zero and resume timing. The minimum mode length
shall be determined as described in Section 85.2(d)(iii).
The maximum mode length shall be 90 seconds elapsed time
(mt=90).
During the 10 second period used for the pass decision, the
dynamometer speed shall not fall more than 0.5 mph (absolute
drop, not cumulative). If the speed at the end of the 10
second period is more than 0.5 mph less than the speed at
the start of the 10 second period testing shall continue
until the speed stabilizes enough to meet this criterion.
PAGE 13 7/2/96 TEST PROCEDURES
<PAGE>
The ten second emissions window shall be matched to the
corresponding vehicle speed trace time window. This shall
be performed by subtracting the nominal response time for
the analyzers from the mode time to determine the time for
the corresponding vehicle speed.
(iii) The pass/fail analysis shall begin after an elapsed time
of 25 seconds (mt=25). A pass or fail determination shall
be made for the vehicle and the mode shall be terminated
as follows:
(A) The vehicle shall pass the ASM5015 mode and the mode
shall be immediately terminated if, at any point
between an elapsed time of 25 seconds (mt=25) and
90 seconds (mt=90), the 10 second running average
measured values for each pollutant are simultaneously
less than or equal to the applicable test standards
described in Section 85.1(a).
(B) The vehicle shall fail the ASM5015 mode and the mode
shall be terminated if the requirements of Section
85.2(d)(1)(iii)(A) are not satisfied by an elapsed
time of 90 seconds (mt=90).
(iv) Upon termination of the ASM5015 mode, the vehicle shall
immediately begin accelerating to the speed required for
the ASM2525 mode. The dynamometer torque shall smoothly
transition during the acceleration period and shall
automatically reset to the load required for the ASM2525
mode as specified in Section 85.2(d)(2)(i) once the roll
speed specified in Section 85.2(d)(2)(i) is achieved.
(2) ASM2525 MODE.
(i) The mode timer shall start (mt=0) when the dynamometer
speed (and corresponding power) are maintained within
25 PLUS OR MINUS 1.0 miles per hour for 5 continuous
seconds. If the inertia simulation error exceeds the
tolerance specified in Section 85.3(a)(4)(ii)(A) (or
Section 85.3(a)(4)(ii)(B) if used) for more than 3
consecutive seconds after the mode timer is started,
the test mode timer shall be set to mt=0. Should this
happen a second time, the test shall be aborted. The
dynamometer shall apply the correct torque for 25.0 mph
for the torque at any testing speed within the tolerance
of 25 PLUS OR MINUS 1.0 miles per hour (i.e., constant
torque load over speed range). The torque tolerance shall
be PLUS OR MINUS 5% of the correct torque at 25 mph.
(ii) The dynamometer power shall be automatically selected from
an EPA-supplied or EPA-approved look-up table, based upon
the vehicle identification information described in Section
85.2(a)(1). Vehicles not listed in the look-up table and
for which ETW is not available shall be tested using the
following default settings:
PAGE 14 7/2/96 TEST PROCEDURES
<PAGE>
Section 85.2 Section 85.2
<TABLE>
<CAPTION>
Default ASM2525 Actual Horsepower Settings
For 8.6" Dynamometers HP2525(8)
--------------------------------------------------------------------------------
Vehicle Type
Number of Cylinders 3 4 5 & 6 8 > 8
--------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Sedans 6.7 9.5 11.5 13.7 13.3
Station Wagons 6.8 9.7 11.5 13.4 13.3
Mini-vans 8.8 11.7 13.2 14.9 15.3
Pickup Trucks 8.0 10.9 13.6 16.0 17.8
Sport/Utility 8.8 11.2 12.9 16.1 17.8
Full Vans 9.0 11.6 14.7 16.3 17.2
--------------------------------------------------------------------------------
</TABLE>
<TABLE>
<CAPTION>
Default ASM2525 Actual Horsepower Settings
For 20" Dynamometers HP2525(20)
--------------------------------------------------------------------------------
Vehicle Type
Number of Cylinders 3 4 5 & 6 8 > 8
--------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Sedans 6.9 10.1 12.3 14.5 14.3
Station Wagons 7.0 10.4 12.2 14.2 14.4
Mini-vans 8.9 12.5 14.0 15.9 16.3
Pickup Trucks 8.1 11.4 14.4 16.9 18.8
Sport/Utility 8.9 11.8 13.6 17.1 18.8
Full Vans 9.1 12.5 15.5 17.3 18.3
--------------------------------------------------------------------------------
</TABLE>
If the dynamometer speed or torque falls outside the speed
or torque tolerance for more than two consecutive seconds,
or for more than 5 seconds total, the mode timer shall
reset to zero and resume timing. The minimum mode length
shall be determined as described in Section
85.2(d)(2)(iii). The maximum mode length shall be 90
seconds elapsed time (mt=90).
During the 10 second period used for the pass decision, the
dynamometer speed shall not fall more than 0.5 mph
(absolute drop, not cumulative). If the speed at the end
of the 1O second period is more than 0.5 mph less than the
speed at the start of the 1O second period, testing shall
continue until the speed stabilizes enough to meet this
criterion.
(iii) The pass/fail analysis shall begin after an elapsed time of
25 seconds (mt=25). A pass or fail determination shall be
made for the vehicle and the mode shall be terminated as
follows:
(A) The vehicle shall pass the ASM2525 mode if, at any
point between an elapsed time of 25 seconds (mt=25)
and 90 seconds (mt=90), the 10-second running average
measured values for each pollutant are simultaneously
less than or equal to the applicable test standards
described in Section 85.1(a). If the vehicle passed
the ASM5015 mode, as described in Section
85.2(d)(1)(iii), the ASM2525 mode shall be terminated
upon obtaining passing scores for all three
pollutants. If the vehicle
PAGE 15 7/2/96 TEST PROCEDURES
<PAGE>
Section 85.2 Section 85.2
failed the ASM5015 mode, the ASM2525 mode shall
continue for an elapsed time of 90 seconds (mt=90).
(B) The vehicle shall fail the ASM2525 mode and the mode
shall be terminated if the requirements of Section
85.2(d)(2)(iii)(A) are not satisfied by an elapsed
time of 90 seconds (mt=90).
(e) Second Chance Tests.
(1) If the vehicle fails the first-chance test, the test timer shall
reset to zero (tt=O) and a second-chance test shall be performed,
except as noted below. The second-chance test shall have an
overall maximum test time of 145 seconds (tt=145) if one mode is
repeated, an overall maximum time of 290 seconds (tt=290) if two
modes are repeated.
(2) Repetition or extension of failed modes for two mode ASM tests.
Except in the case of vehicles subject to preconditioning
specified in Section 85.2(b)(10(i), if at least 90 seconds of
loaded preconditioning is performed, as specified in Section
85.2(b)(10)(ii), then the second-chance test may be omitted.
(i) If the vehicle failed only the first mode (ASM5015) of the
first chance test, then that mode shall be repeated upon
completion of the second mode (ASM2525). The repeated mode
shall be performed as described in Section 85.2(d)(1)
except that the provisions of Section 85.2(d)(1)(iv) shall
be omitted. The test will terminate when the mode ends or
when the vehicle passes, whichever occurs first.
(ii) If the vehicle is failing only the second mode (ASM2525) of
the first chance test, then the second mode shall not end
at 90 seconds but shall continue for up to 180 seconds.
Mode and test timers shall not reset but rather continue up
to 180 seconds. The provisions of Section 85.2(d)(2) shall
continue to apply throughout the 180 second test period.
(iii) If the vehicle failed both modes (ASM5015 and ASM2525) of
the first chance test, then the vehicle shall receive a
second-chance test for the ASM5015. If the vehicle fails
the second-chance ASM5015, then the vehicle shall fail the
test. Otherwise, the vehicle shall also receive a
second-chance ASM2525.
(3) Repetition of failed modes for single mode ASM tests.
(ii) If the vehicle is failing at the end of the mode then
the test mode shall not end at 90 seconds but shall
continue for up to 180 seconds. Mode and test timers shall
not reset but rather continue up to 180 seconds. The
provisions of Section 85.2(d)(1) or Section 85.2(d)(2)
shall continue to apply throughout the 180 second test
period.
PAGE 16 7/2/96 TEST PROCEDURES
<PAGE>
Section 85.3 TEST EQUIPMENT SPECIFICATIONS
(a) Dynamometer Specifications.
(1) GENERAL REQUIREMENTS
(i) Only one diameter of dynamometer shall be used in a program.
(ii) The dynamometer structure (e.g., bearings, rollers, pit
plates, etc.) shall accommodate all light-duty vehicles and
light-duty trucks up to 8500 pounds GVWR.
(iii) Dynamometer ASM load horsepower (HP5015 or HP2525) shall be
automatically selected based on the vehicle parameters in
the test record.
(iv) All dynamometers shall have an identification plate
permanently affixed showing at a minimum, the dynamometer
manufacturers name, the system provider's name, production
date, model number, serial number, dynamometer type,
maximum axle weight, maximum HP absorbed, roll diameter,
roll width, base inertia weight, and electrical
requirements.
(v) Alternative dynamometer specifications or designs may be
allowed if proposed by a state and upon a determination by
the Administrator that, for the purpose of properly
conducting an approved short test, the evidence supporting
such deviations show that proper vehicle loading will be
applied.
(2) POWER ABSORPTION.
(i) VEHICLE LOADING. The vehicle loading used during the ASM
driving cycles shall follow the equation in Section
85.3(a)(2)(ii) at 15 and 25 mph. Unless otherwise noted,
any horsepower displayed during testing shall be expressed
as HP.
(ii) IHP = THP - PLHP - GTRL
HP = IHP + PLHP
Where:
HP = The actual Horsepower value contained in the
look-up table for a vehicle being tested (using the
ASM5015 or 2525) on a dynamometer with the
specified diameter rollers. The actual horsepower
is the sum of the indicated horsepower and the
parasitic losses (PLHP)
IHP = Indicated Horsepower value set on the dynamometer.
THP = Total Horsepower for an ASM test includes
indicated, tire losses, and parasitics. This value
is independent of roll size.
GTRL = Generic Tire/Roll Interface Losses at the specified
speed (15 or 25 mph) on a dynamometer with the
specified diameter rollers.
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PLHP = Parasitic Losses Horsepower due to internal
dynamometer friction. A value is specific to each
individual dynamometer and speed.
(iii) RANGE OF POWER ABSORBER. The range of the power absorber
shall be sufficient to simulate the load required to
perform an ASM5015 and an ASM2525 on all light-duty
vehicles and light-duty trucks up to 8500 pounds GVWR. The
power absorber shall absorb, at 14 mph and above, a minimum
of 25 horsepower continuously for a steady-state test of at
least 5 minutes, with 3 minutes between each test.
(iv) PARASITIC LOSSES. The parasitic losses (PLHP) in each
dynamometer system (including but not limited to windage,
bearing friction, and system drive friction) shall be
characterized at 15 and 25 mph upon initial acceptance, and
during each dynamometer calibration. The parasitic power
losses shall be determined as indicated in Section
85.4(b)(2).
(v) POWER ABSORBER. Only electric power absorbers shall be
used unless alternatives are proposed by the state and
approved by the Administrator. The power absorber shall be
adjustable in 0.1 hp increments at both 15 MPH and 25 MPH.
The accuracy of the power absorber (PAU + parasitic
losses) shall be PLUS OR MINUS 0.25 horsepower or PLUS OR
MINUS 2% of required power, whichever is greater, in either
direction of rotation. For field auditing the accuracy shall
be PLUS OR MINUS 0.5 horsepower.
(vii) ACCURACY OVER THE OPERATING RANGE. The dynamometer's
accuracy when warm shall not deviate more than PLUS OR
MINUS 0.5 horsepower over the full ambient operating range of
35 DEG. F to 110 DEG. F. This may be accomplished by
intrinsic design or by software correction techniques. At any
constant temperature, the dynamometer shall have an accuracy
of PLUS OR MINUS 0.5 horsepower within 15 seconds of the start
of the test, and shall have an accuracy of PLUS OR MINUS 0.25
horsepower within 30 seconds of the start of the test. For
temperatures outside the specified range, the dynamometer
shall provide correction or proceed with a manufacturer
warm-up sequence until full warm condition has been reached.
(3) Rolls.
(i) SIZE AND TYPE. The dynamometer shall be equipped with twin
rolls. The rolls shall be electrically or mechanically
coupled side-to-side and front-to-rear. The dynamometer
roll diameter shall be between 8.5 and 21.0 inches. The
spacing between the roll centers shall comply with the
equation in Section 85.3(a)(3)(ii) to within 0.5 inches
and -0.25 inches of the calculated value. Fixed
dynamometer rolls shall have an inside track width of no
more than 30 inches and outside track width of at least
100 inches. Rolls moveable from side-to-side may be used
if adequate measures are taken to prevent tire damage from
lateral vehicle movement and the dynamometer sufficiently
accommodates track widths of the full range of vehicles to
be tested on the dynamometer. Alternative track widths,
roll sizes, and number of rolls may
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be used if approved by the state and the Administrator and
if adequate measures are taken to prevent tire damage from
lateral vehicle movement and the dynamometer sufficiently
accommodates track widths of the full range of vehicles to
be tested on the dynamometer.
(ii) Roll Spacing = (24.375+D) * Sin 31.5153
D = dynamometer roll diameter.
Roll spacing and roll diameter are expressed in inches.
(iii) DESIGN. The roll size, surface finish, and hardness shall
be such that tire slippage is minimized under all weather
conditions; that water removal is maximized; that the
specified accuracy of the distance and speed measurements
are maintained; and that tire wear and noise are minimized.
(4) INERTIA.
(i) BASE INERTIA. The dynamometer shall be equipped with
mechanical flywheel(s) or with full inertia simulation
providing a total base inertia weight of 2000 pounds
PLUS/MINUS 40 pounds. Any deviation from the 2000 pound
base inertia shall be quantified and the coast-down time
shall be corrected accordingly. Any deviation from the
stated inertia shall be quantified and the inertia simulation
shall be corrected accordingly. The actual inertia weight
shall be marked on the ID plate required in Section
85.3(a)(1)(iv).
(ii) INERTIA/INERTIA SIMULATION. The dynamometer shall be
capable of conducting, at a minimum, diagnostic level
transient inertia simulations with an acceleration rate
between 0 and 3.3 miles per hour per second with a minimum
load (power) of 25 horsepower at 14 mph over the inertia
weight range of 2000 pounds to 6000 pounds. For the
diagnostic level inertia simulation, the 25 horsepower
criterion is a requirement on acceleration only, while for
the full inertia simulation option, the requirement is for
both acceleration and deceleration. Mechanical inertia
simulation shall be provided in 500 pound increments;
electric inertia simulation shall be provided in 1 pound
increments. Any deviation from the stated inertia shall be
quantified and the inertia simulation shall be corrected
accordingly. Mechanical or electrical inertia simulation,
or a combination of both, may be used, subject to review
and approval by the state.
(A) DIAGNOSTIC LEVEL SIMULATION.
1. SYSTEM RESPONSE. The torque response to a step
change shall be at least 90% of the requested
change within 300 milliseconds.
2. SIMULATION ERROR. An inertia simulation error
(ISE) shall be continuously calculated any time
the actual dynamometer speed is between 10 MPH
and 60 MPH. The ISE shall be calculated by the
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equation in Section 85.3(a)(4)(ii)(C), and shall
not exceed 3% of the inertia weight selected
(IWs) for the vehicle under test.
(B) FULL INERTIA SIMULATION. (Recommended Option)
1. SYSTEM RESPONSE. The torque response to a step
change shall be at least 90% of the requested
change within 100 milliseconds after a step
change is commanded by the dynamometer control
system, and shall be within 2% of the commanded
torque by 300 milliseconds after the command is
issued. Any overshoot of the commanded torque
value shall not exceed 25% of the torque value.
2. SIMULATION ERROR. An inertia simulation error
(ISE) shall be continuously calculated any time
the actual dynamometer speed is between 10 MPH
and 60 MPH. The ISE shall be calculated by the
equation in Section 85.3 (a)(4)(ii)(C), and
shall not exceed 1% of the inertia weight
selected (IWs) for the vehicle under test.
(C) INERTIA SIMULATION ERROR CALCULATION.
ISE = [(IWs - It ) / (IWs )] * 100
(1) t
It = Im + (--) -intergral- (Fm - Frl) dt
(V) 0
Where:
ISE = Inertia Simulation Error
IWs = Inertia Weight Selected
It = Total inertia being simulated by the
dynamometer (kg)
It (lb force) = It (kg) * 2.2046
Im = Base (mechanical inertia of the
dynamometer (kg)
V = Measured roll speed (m/s)
Fm = Force measured by the load cell
(translated to the roll surface) (N)
Frl = Road load force (N) required by IHP
at the measure roll speed (V)
t = Time (sec)
(5) OTHER REQUIREMENTS.
(i) VEHICLE SPEED. The measurement of roll speed shall be
accurate within 0.1 mph over the full operating range.
The dynamometer shall accommodate vehicle speeds of up to
60 mph.
(ii) VEHICLE RESTRAINT. The vehicle shall be restrained during
the driving cycle. The restraint system shall be designed
to insure that vertical and horizontal
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force on the drive wheels does not significantly affect
emission levels. The restraint system shall allow
unobstructed vehicle ingress and egress and shall be
capable of safely restraining the vehicle under all
reasonable operating conditions without damaging the
suspension system.
(iii) VEHICLE COOLING. The test system shall provide for a
method to prevent overheating of the vehicle. The test
shall be conducted with the hood open and the cooling
system activated when ambient temperature exceeds 72
DEG. F. The cooling method used shall direct air to
the test vehicle's cooling system. The cooling system
capacity shall be at least 3000 SCFM within 12 inches of
the intake to the vehicle's cooling system. The cooling
system shall avoid improper cooling of the catalytic
converter.
(iv) FOUR-WHEEL DRIVE. If used, four-wheel drive dynamometers
shall insure the application of correct vehicle loading as
defined in Section 85.3(a)(2), shall not damage the four
wheel drive system of the vehicle, and shall accommodate
vehicles equipped with anti-lock brakes and/or traction
control. Front and rear wheel rolls shall maintain speed
synchronization within 0.2 mph.
(v) INSTALLATION. Either in-floor or above ground
installations of the dynamometer are acceptable. In all
cases, installation must be performed so that the test
vehicle is approximately level (PLUS/MINUS 5 DEG.) while on
the dynamometer during testing.
(vi) AUGMENTED BRAKING. Dynamometers shall apply augmented
braking on major decelerations during transient drive
cycles, if such cycles are used in the program. The
dynamometer software shall provide a signal output to
inform the operator when augmented braking is activated.
(b) Emission Sampling System.
(1) The sampling system shall be designed to insure durable, leak
free operation and be easily maintained. Materials that are in
contact with the gases sampled shall not contaminate or change
the character of the gases to be analyzed, including gases from
vehicles not fueled by gasoline (except diesels). The system
shall be designed to be corrosion-resistant and be able to
withstand typical vehicle exhaust temperatures when the vehicle
is driven through the ASM test cycle for 290 seconds.
(2) The sampling system shall draw exhaust gas from the vehicle,
shall remove particulate matter and aerosols from the sampled
gas, shall drain condensed water from the sample if necessary,
and shall deliver the resultant gas sample to the
analyzers/sensors for analysis and then deliver the analyzed
sample directly outside the building. The sampling system shall,
at a minimum, consist of a tailpipe probe, flexible sample line,
water removal system, a particulate trap, sample pump, and flow
control components.
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(3) SAMPLE PROBE.
(i) INSERTION. The sample probe shall allow at least a 16 inch
insertion depth of the sample point into the vehicle's
exhaust. In addition, the probe shall be inserted at least
1O inches into the vehicle's exhaust. Use of a tailpipe
extension is permitted as long as the extension does not
change the exhaust back pressure by more than PLUS/MINUS 1.0
inch of water pressure.
(ii) RETENTION. The probe shall incorporate a positive means of
retention to prevent it from slipping out of the tailpipe
during use. High through-put test systems may use
alternative means to insure probe retention.
(iii) FLEXIBILITY. The probe shall be designed so that the tip
extends 16 inches into the tailpipe. The probe tip shall
be shielded so that debris is not scooped up by the probe
when it is inserted into the tailpipe. High through-put
test systems may use alternative means to insure adequate
probe insertion.
(iv) PROBE TIP. Probe tips shall be designed and constructed to
prevent sample dilution.
(v) MATERIALS. All materials in contact with exhaust gas prior
to and throughout the measurement portion of the system
shall be unaffected by and shall not affect the sample
(i.e., the materials shall not react with the sample, and
they shall not taint the sample). Acceptable materials
include stainless steel, Teflon, silicon rubber, and
Tedlar. Dissimilar metals with thermal expansion factors
of more than 5% shall not be used in either the
construction of probes or connectors. The sample probe
shall be constructed of stainless steel or other
non-corrosive, non-reactive material which can withstand
exhaust gas temperatures at the probe tip of up to 1,000_F
for 10 minutes.
(vi) SYSTEM HOSES AND CONNECTIONS. Hoses and all other sample
handling components must be constructed of, or plated with
a non-reactive, non-corrosive, high temperature material
which will not affect, or be affected by, the exhaust
constituents and tracer gases.
(vii) DUAL EXHAUST. The sample system shall provide for the
testing of dual exhaust equipped vehicles. When testing a
vehicle with functional dual exhaust pipes, a dual sample
probe of a design certified by the analyzer manufacturer to
provide equal flow in each leg shall be used. The equal
flow requirement is considered to be met if the flow rate
in each leg of the probe has been measured under two sample
pump flow rates (the normal rate and a rate equal to the
onset of low flow), and if the flow rates in each of the
legs are found to be equal to each other (within 15% of the
flow rate in the leg having lower flow).
(4) PARTICULATE FILTER. The particulate filter shall be capable of
trapping 97% of all particulate and aerosols 5 microns or larger.
The filter element shall not absorb or adsorb hydrocarbons. The
filter housing shall be transparent or translucent to allow the
operator to observe the filter element's condition without
removing the housing.
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The filter element shall be easily replaceable and shall provide for
reliable sealing after filter element changes.
(5) WATER TRAP. The water trap shall be sized to remove exhaust sample
water from vehicles fueled with gasoline, propane, compressed
natural gas, reformulated gasoline, alcohol blends or neat, and
oxygenated fuels. The filter element, bowl and housing shall be
inert to these fuels as well as to the exhaust gases from vehicles
burning these fuels. The condensed water shall be drained from the
water trap's bowl either continuously or automatically on a
periodic basis such that the following performance requirement is
maintained. Sufficient water shall be trapped, regardless of fuel,
to prevent condensation in the sample system or in the optical
bench's sample cell.
(6) LOW FLOW INDICATION. The analyzer shall lock out official
testing when the sample flow is below the acceptable level. The
sampling system shall be equipped with a flow meter (or
equivalent) that shall indicate sample flow degradation when
measurement error exceeds 3% of the gas value used for checking,
or causes the system response time to exceed 13 seconds to
90 percent of a step change in input (excluding NO), whichever is
less.
(7) EXHAUST VENTILATION SYSTEM. The high quantities of vehicle
emissions generated during loaded mode testing shall be properly
vented to prevent buildup of hazardous concentrations of HC, CO,
C02 and NOx. Sufficient ventilation shall be provided in the
station to maintain HC, CO, C02 and NO levels below OSHA
standards.
(i) The ventilation system shall discharge the vehicle exhaust
outside the building.
(ii) The flow of the exhaust collection system shall not cause
dilution of the exhaust at the sample point in the probe.
(iii) The flow of the exhaust collection system shall not cause a
change of more than PLUS/MINUS 1.0 inches of water pressure
in the vehicle's exhaust system at the exhaust system outlet.
(c) Analytical Instruments.
(1) GENERAL REQUIREMENTS.
(i) MEASURED GASES. The analyzer system shall consist of
analyzers for HC, CO, NO, and C02, (02 optional) and digital
displays for exhaust concentrations of HC, CO, NO, and C02,
and for vehicle speed.
(ii) EMISSION ACCURACY. The system shall ensure that the
analytical system provides an accurate accounting of the
actual exhaust emissions produced during the test, taking into
consideration the individual channel accuracies,
repeatabilities, interference effects, sample transport times,
and analyzer response times.
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(iii) SAMPLE RATE. The analyzer shall be capable of measuring
exhaust concentrations of the gases specified in
Section 85.3(c)(1)(i) at a minimum rate of once per second.
(iv) ALTERNATIVE EQUIPMENT. Alternative analytic equipment
specification, materials, designs, or detection methods may
be allowed if proposed by a state and upon a determination
by the Administrator, that for the purpose of properly
conducting a test, the evidence supporting such deviations
will not significantly affect the proper measurement of
emissions.
(2) PERFORMANCE REQUIREMENTS.
(i) TEMPERATURE OPERATING RANGE. The analyzer system and all
associated hardware shall operate within the performance
specifications described in Section 85.3(c)(3) at ambient
air temperatures ranging from 35_F to 110_F. Analyzers
shall be designed so that adequate air flow is provided
around critical components to prevent overheating (and
automatic shutdown) and to prevent the condensation of
water vapor which could reduce the reliability and
durability of the analyzer. The analyzer system shall
otherwise include necessary features to keep the sampling
system within the specified range.
(ii) HUMIDITY OPERATING RANGE. The analyzer system and all
associated hardware shall operate within the performance
specifications described in Section 85.3(c)(3) at a
minimum of 85% relative humidity throughout the required
temperature range.
(iii) INTERFERENCE EFFECTS. The interference effects for
non-interest gases shall not exceed PLUS/MINUS 4 ppm for
hydrocarbons, PLUS/MINUS 0.02% for carbon monoxide,
PLUS/MINUS 0.20% for carbon dioxide, and PLUS/MINUS 20 ppm
for nitric oxide when using the procedure specified in
Section 85.4(d)(5)(iv). Corrections for collision-broadening
effects of combined high CO and C02 concentrations shall be
taken into account in developing the factory calibration
curves, and are included in the accuracy specifications.
(iv) BAROMETRIC PRESSURE COMPENSATION. Barometric pressure
compensation shall be provided. Compensation shall be made
for elevations up to 6000 feet (above mean sea level). At
any given altitude and ambient conditions specified in
Section 85.3(c)(2)(i) and (ii), errors due to barometric
pressure changes of PLUS/MINUS 2 inches of mercury shall not
exceed the accuracy limits specified in Section 85.3(c)(3).
(v) SYSTEM LOCKOUT DURING WARM-UP. Functional operation of the
gas sampling unit shall remain disabled through a system
lockout until the instrument meets stability and warm-up
requirements. The instrument shall be considered "warm"
when the zero and span readings for HC, CO, NO, and C02
have stabilized, within the accuracy values specified in
Section 85.3(c)(3) for five minutes without adjustment.
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(vi) ZERO DRIFT LOCKOUT. If zero or span drift cause the
optical bench signal levels to move beyond the adjustment
range of the analyzer, the system shall be locked out from
testing.
(vii) ELECTROMAGNETIC ISOLATION AND INTERFERENCE.
Electromagnetic signals found in an automotive service
environment shall not cause malfunctions or changes in the
accuracy in the electronics of the analyzer system. The
instrument design shall ensure that readings do not vary
as a result of electromagnetic radiation and induction
devices normally found in the automotive service
environment, including high energy vehicle ignition
systems, radio frequency transmission radiation sources,
and building electrical systems.
(viii) VIBRATION AND SHOCK PROTECTION. System operation shall be
unaffected by the vibration and shock encountered under
the normal operating conditions encountered in an
automotive service environment.
(ix) PROPANE EQUIVALENCY FACTOR. The nominal PEF range shall
be between 0.490 and 0.540. For each audit/calibration
point, the nominal PEF shall be conveniently displayed for
the quality assurance inspector and other authorized
personnel. If an optical bench must be replaced in the
field, any external labels shall be changed to correspond
to the nominal PEF of the new bench. The analyzer shall
incorporate an algorithm relating PEF to HC concentration.
Corrections shall be made automatically. The corrected
PEF value may cover the range of 0.470 to 0.560.
(x) SYSTEM RESPONSE REQUIREMENTS. The response time from the
probe to the display for HC, CO, and C02 analyzers shall
not exceed 8 seconds for 90% of a step change in input,
nor shall it exceed 12 seconds to 95% of a step change in
input. The response time for a step change in 02 from
20.9% 02 to 0. 1% 02 shall be no longer than 40 seconds.
For NO analyzers, the response time shall not exceed
12 seconds for 90% of a step change in input. The response
time for a step change in NO from a stabilized reading to
10% of that reading shall be no longer than 12 seconds.
(3) DETECTION METHODS, INSTRUMENT RANGES, ACCURACY, AND REPEATABILITY.
(i) HYDROCARBON ANALYSIS. Hydrocarbon analysis shall be
determined by nondispersive infrared (NDIR) analyzer. The
analyzer shall cover at least the range of 0 ppm HC to
9999 ppm HC, where ppm HC is parts per million of
hydrocarbon volume as hexane. The accuracy of the
instrument from 0-2000 ppm HC shall be PLUS/MINUS 3% of
point or 4 ppm C6, whichever is greater. The accuracy of
the instrument between 2001 ppm HC and 5000 ppm HC shall
be at least PLUS/MINUS 5% of point. The accuracy of the
instrument between 5001 ppm HC and 9999 ppm HC shall be at
least PLUS/MINUS 10% of point. The instrument shall
comply with the quality control specifications in Section
85.4(d).
(ii) CARBON MONOXIDE ANALYSIS. Carbon monoxide analysis shall
be determined by non-dispersive infrared (NDIR) analyzer.
The analyzer shall cover at least
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the range of 0.00% CO to 14.00% CO, where % CO is % volume CO.
The accuracy of the instrument between 0.01% and 10.00% CO
shall be PLUS/MINUS 3% of point or 0.02% CO, whichever is
greater. The accuracy of the instrument between 10.01% and
14.00% shall be at least PLUS/MINUS 5% of point. The
instrument shall comply with the quality control
specifications in Section 85.4(d).
(iii) CARBON DIOXIDE ANALYSIS. Carbon dioxide analysis shall be
determined by non-dispersive infrared (NDIR) analyzer. The
analyzer shall cover at least the range of 0.0% CO2 to 18.0%
CO2. The accuracy of the instrument between 0.01% and 16.00%
CO2 shall be PLUS/MINUS 3% of point or 0.3% CO2, whichever is
greater. The accuracy of the instrument between 16.01% and
18.00% shall be at least PLUS/MINUS 5% of point. The
instrument shall comply with the quality control
specifications in Section 85.4(d).
(iv) NITRIC OXIDE ANALYSIS. The analyzer shall cover at least the
range of 0 ppm NO to 5000 ppm NO, where ppm NO is parts per
million nitric oxide. The accuracy of the instrument between
0 and 4000 ppm shall be at least PLUS/MINUS 4% of point or 25
ppm NO, whichever is greater. The accuracy of the instrument
between 4001 and 5000 ppm shall be at least PLUS/MINUS 8% of
point. The instrument shall comply with the quality control
specifications in Section 85.4(d).
(v) OXYGEN ANALYSIS. (optional) If an oxygen analyzer is included,
the analyzer shall cover at least the range of 0.0% O2 to
25.0% O2. The accuracy of the instrument over this range shall
be at least 5% of point or PLUS/MINUS 0.1% O2, whichever is
greater. The instrument shall comply with the quality control
specifications in Section 85.4(d).
(vi) REPEATABILITY. The repeatability for the HC analyzer in the
range of 0-1400 ppm HC shall be 2% of point or 3 ppm HC
absolute, whichever is greater. In the range of 1400-2000 ppm
HC, the repeatability shall be 3% of point. The repeatability
for the CO analyzer in the range of 0-7.00% CO shall be 2% of
point or 0.02% CO absolute, whichever is greater. In the
range of 7.00% to 10.00% CO, the repeatability shall be 3% of
point. The repeatability for the CO2 analyzer in the range
of 0-10.0% CO2 shall be 2% of point or 0.1% CO2 absolute,
whichever is greater. In the range of 10.0% to 16.0% CO2,
the repeatability shall be 3% of point. The repeatability of
the NO analyzer shall be 3% of point or 20 ppm NO, whichever
is greater. The repeatability of the O2 analyzer shall be
3% of point or 0.1% O2, whichever is greater.
(vii) ROUNDING RULE. Rounding beyond the decimal places shown in
Section 85.3(c)(3) shall follow the standard mathematical
practice of going to the next higher number for any numerical
value of five or more. This shall also hold true for
pass/fail decisions. For example, if 2.00% CO passes and
2.01% CO fails, and the reading is 2.0049%, the value shall be
rounded down and the decision shall be a pass. If the reading
is 2.0050, the value shall be rounded up and the decision
shall be a fail. The value displayed and printed on the test
report shall be consistent with the value used for the
pass/fail decision.
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(4) AMBIENT CONDITIONS. The current relative humidity, dry-bulb
temperature, and barometric pressure shall be measured and recorded
prior to the start of every inspection in order to calculate Kh
(nitric oxide correction factor Section 85.1(b)(1)(v)).
(i) RELATIVE HUMIDITY. The relative humidity measurement device
shall cover the range from 5% to 95% RH, between 35_F - 110_F,
with a minimum accuracy of PLUS/MINUS 3% RH. Wet bulb
thermometers shall not be used.
(ii) DRY-BULB TEMPERATURE. The dry-bulb temperature device shall
cover the range from 0_F - 140_F with a minimum accuracy of
3_F.
(iii) BAROMETRIC PRESSURE. The barometric pressure measurement
device shall cover the range from 610 mm Hg - 810 mm Hg
absolute (24-32 inches), and 35_F - 110_F, with a minimum
accuracy of PLUS/MINUS 3% of point or better.
(5) ENGINE SPEED DETECTION. The analyzer shall utilize a tachometer
capable of detecting engine speed in revolutions per minute (rpm)
with a 0.5 second response time and an accuracy of PLUS/MINUS 3% of
the true rpm. Starting in 1998, on vehicles equipped with onboard
diagnostic (OBD) systems, the engine speed shall be taken by
connecting to the SAE standardized OBD link on 1996 and newer
vehicles. RPM readings shall be recorded on a second-by-second
basis for the 10 second period upon which the pass/fail basis is
based.
(6) OBD FAULT CODE RETRIEVAL. Starting in 1998, the system shall
include the hardware and software necessary to access the onboard
computer systems on 1996 and newer vehicles, determine OBD
readiness, and recover stored fault codes using the SAE
standardized link.
(d) Automated Test Process Software and Displays.
(1) SOFTWARE. The testing process, data collection, and quality
control features of the analyzer system shall be automated to the
greatest degree possible. The software shall automatically select
the emission standards and set the vehicle load based on an
EPA-provided or approved look-up table. Vehicle identification
information shall be derived from a database accessed over a
real-time data system to a host computer system. Entry of license
plate and all or part of the VIN shall be sufficient to access the
vehicle record. Provision shall be made for manual entry of data
for vehicles not in the host computer system.
(2) TEST AND MODE TIMERS. The analyzer shall be capable of
simultaneously determining the amount of time elapsed in a test
(overall test time), and in a mode within that test (mode time).
(3) CLOCKS AND TIMERS. The clock used to check the coast-down time
shall be accurate to within 0.1% of reading between 0.5 and 100
seconds, with a resolution of 0.001 seconds. The test mode timers
used shall be accurate to within 0.1% of reading between 10 and
1000 seconds with a resolution of 0.1 seconds.
PAGE 27 7/2/96 TEST EQUIPMENT SPECIFICATIONS
<PAGE>
(4) DRIVER'S AID. The system shall be equipped with a driver's aid
that shall be clearly visible to the driver as the test is
performed. The aid shall continuously display the required speed,
the number of seconds into the test mode, the driver's actual
speed/time performance (a display showing the deviation between
set-point and actual driving trace), engine RPM, the use of
augmented braking, and necessary prompts and alerts. The driver's
aid shall also be capable of displaying test and equipment status
and other messages as required. Dynamic information being
displayed shall be refreshed at a minimum rate of twice per second.
Emissions values shall not be displayed during official testing.
(5) MINIMUM ANALYZER DISPLAY RESOLUTION. The analyzer electronics
shall have sufficient resolution to achieve the following:
<TABLE>
<CAPTION>
<S> <C> <C>
HC 1 ppm HC as hexane
NO 1 ppm NO
CO 0.01 % CO
CO2 0.1 % CO2
O2 0.1 % O2(optional)
RPM 10 RPM
Speed 0.1 mph
Load 0.1 hp
Relative Humidity 1 % RH
Dry Bulb Temperature 1 _F
Barometric Pressure 1 mm HG
</TABLE>
PAGE 28 7/2/96 TEST EQUIPMENT SPECIFICATIONS
<PAGE>
Section 85.4 QUALITY CONTROL REQUIREMENTS
(a) General Requirements
(1) MINIMUMS. The frequency and standards for quality control
specified here are minimum requirements, unless modified as
specified in Section 85.4(a)(2). Greater frequency or tighter
standards may be used as needed.
(2) STATISTICAL PROCESS CONTROL. Reducing the frequency of the quality
control checks, modifying the procedure or specification, or
eliminating the quality control checks altogether may be allowed if
the state demonstrates and the Administrator determines, for the
purpose of properly conducting an approved short test, that
sufficient Statistical Process Control (SPC) data exist to make a
determination, that the SPC data support such action, and that
taking such action will not significantly reduce the quality of the
emissions measurements. Should emission measurement performance or
quality deteriorate as a result of allowing such actions, the
approval shall be suspended and the frequencies, procedures
specifications, or checks specified here or otherwise approved
shall be reinstated, pending further determination by the
Administrator.
(b) Dynamometer
(1) COAST DOWN CHECK.
(i) The calibration of each dynamometer shall be automatically
checked every 72 hours in low volume stations (less than 4000
tests per year) and daily in high volume stations by a
dynamometer coast-down procedure equivalent to Section
86.118-78 (for reference see National Vehicle and Fuel
Emission Laboratory's Testing Services Division test procedure
TP-302A and TP-202) between the speeds of 30-20 mph if the
ASM2525 is used and 20-10 mph if the ASM5015 is used. All
rotating dynamometer components shall be included in the
coast-down check. Speed windows smaller than PLUS/MINUS 5 mph
may be used provided that they show the same calibration
capabilities.
(ii) The base dynamometer inertia (2000 pounds) shall be checked at
two random horsepower settings for each speed range. The two
random horsepower settings shall be between 8.0 and 18.0
horsepower. A shunt resistor for a load cell performance
check shall not be used.
(iii) The coast-down procedure shall use a vehicle off-dynamometer
type method or equivalent. Using a vehicle to bring the
dynamometer up to speed and removing the vehicle before the
coast-down shall not be permitted. If either the measured
30-20 mph coast-down time or 20-10 mph coast-down time is
outside the window bounded by the Calculated Coast-Down Time
(CCDT) (seconds) PLUS/MINUS 7% then it shall be locked out for
official testing purposes until recalibration allows a passing
value.
(A) Randomly select an IHP2525 value that is between 8.0 hp
and 18.0 hp and set dynamometer PAU to this value.
PAGE 29 7/2/96 QUALITY CONTROL REQUIREMENTS
<PAGE>
Section 85.4 Section 85.4
Coast-down dynamometer from 30-20 mph.
(0.5 * DIW) 2 2
(---------) * (V -V )
CCDT @ 25 mph =( 32.2 ) 30 20
(---------------------------
(550 * (IHP2525 + PLHP25)
Where:
DIW = Dynamometer Inertia Weight. Total
"inertia" weight of all rotating
components in dynamometer.
V30 = Velocity in feet/sec at 30 mph.
V20 = Velocity in feet/sec at 20 mph.
IHP2525 = Randomly selected ASM2525 indicated
horsepower.
PLHP25 = Parasitic Horsepower for specific
dynamometer at 25 mph.
(B) Randomly select an IHP5015 value that is between 8.0
hp and 18.0 hp and set dynamometer PAU to this value.
Coast-down dynamometer from 20-10 mph.
(0.5 * DIW)
(---------) 2 2
( 32.2 ) *(V -V )
CCDT @ 15 mph =( ) 20 10
(----------------------------
(550 * (IHP5015 + PLHP15 )
Where:
DIW = Dynamometer Inertia Weight. Total
"inertia" weight of all rotating
components in dynamometer.
V20 = Velocity in feet/sec at 20 mph.
V10 = Velocity in feet/sec at 10 mph.
IHP5015 = Randomly selected ASM5015 indicated
horsepower.
PLHP15 = Parasitic Horsepower for specific
dynamometer at 15 mph.
(2) PARASITIC VALUE CALCULATIONS.
(i) Parasitic losses shall be calculated using the following
equations at 25 and 15 mph whenever a coast-down check is
performed. The indicated horsepower (IHP) shall be set to
zero for these tests. This is only necessary if the
coast-down values do not verify in Section 85.4(b)(1)(iii)
above.
PAGE 30 7/2/96 QUALITY CONTROL REQUIREMENTS
<PAGE>
Section 85.4 Section 85.4
(ii) Parasitic losses at 25 mph for a dynamometer with specified
diameter rollers.
2 2
(0.5 * DIW) * (V -V )
(---------) 30 20
( 32.2 )
PLHP25 = (----------------------
( 550 * (ACDT)
Where:
DIW = Dynamometer Inertia Weight. Total
"inertia" weight of all rotating
components in dynamometer.
V30 = Velocity in feet/sec at 30 mph.
V20 = Velocity in feet/sec at 20 mph.
ACDT = Actual coast-down time required
for dynamometer to coast from 30 to
20 mph.
(iii) Parasitic losses at 15 mph for a dynamometer with specified
diameter rollers.
2 2
(0.5 * DIW) * (V -V )
(---------) 20 10
( 32.2 )
PLHP15 = (----------------------
( 550 * (ACDT)
Where:
DIW = Dynamometer Inertia Weight. Total
"inertia" weight of all rotating
components in dynamometer.
V20 = Velocity in feet/sec at 20 mph.
V10 = Velocity in feet/sec at 10 mph.
ACDT = Actual coast-down time required
for dynamometer to coast from 20 to
10 mph.
(3) ROLL SPEED. Roll speed and roll counts shall be checked at least
once per week by an independent means (e.g., photo tachometer).
Deviations greater than PLUS/MINUS 0.2 mph or a comparable tolerance
in roll counts shall require corrective action. Alternatively, a
redundant roll speed transducer independent of the primary
transducer may be used in lieu of the weekly comparison.
Accuracy of redundant systems shall be checked bimonthly.
(4) LOAD MEASURING DEVICE. If the dynamometer fails a coast-down
check or requires a recalibration for any other reason, the load
measuring device shall be checked using dead-weight method or an
equivalent procedure proposed by the state and approved by the
Administrator. The check shall cover at least three points over
the range of loads used for vehicle testing. Dead weights shall
be traceable to the National Institute of Standards (NIST) and
shall be accurate to within PLUS/MINUS 0.1%. The dynamometer shall
provide an automatic load measuring device calibration and
verification feature.
(5) ACCEPTANCE CHECK.
PAGE 31 7/2/96 QUALITY CONTROL REQUIREMENTS
<PAGE>
Section 85.4 Section 85.4
(i) LOAD CELL VERIFICATION (if equipped). This test confirms the
proper operation of the dynamometer load cell and associated
systems. Weights in the proper range shall be supplied by the
system supplier. Weights shall be NIST traceable to 0.1% of
point.
(A) Calibrate the load cell according to the manufacturer's
direction.
(B) Using a dead weight method, load the test cell to 20%,
40%, 60%, and 80% (in ascending order) of the range used
for ASM testing. Record the readings for each weight.
Remove the weights in the same steps (descending order)
and record the results.
(C) Perform steps A through B two more times (total of
three). Calculate the average value for each weight.
Multiply each average weight from E by the length of the
torque arm.
(D) ACCEPTANCE CRITERIA: The difference for each reading
from the weight shall not exceed 1% of full scale.
(ii) SPEEDOMETER VERIFICATION. This test confirms the accuracy of
the dynamometer's speedometer.
(A) Set dynamometer speed to 15 mph. Independently measure
and record dynamometer speed. Repeat at 25 mph.
(B) ACCEPTANCE CRITERIA: The difference for each reading
from set dynamometer speed shall not exceed 0.2 mph.
(iii) PARASITICS VERIFICATION. Parasitic losses shall be
calculated using the following equations at 25 and 15 mph.
The indicated horsepower (IHP) shall be set to zero for these
tests. Using time versus speed data from the system,
calculate PLHP for 25 mph and 15 mph.
(A) Parasitic losses at 25 mph for a dynamometer with
specified diameter rollers.
2 2
(0.5 * DIW) * (V -V )
(---------) 30 20
( 32.2 )
PLHP25 = (----------------------
( 550 * (CDT)
Where:
DIW = Dynamometer Inertia Weight. Total
"inertia" weight of all rotating
components in dynamometer.
V30 = Velocity in feet/sec at 30 mph.
V20 = Velocity in feet/sec at 20 mph.
CDT = Coast-down time required for
dynamometer to coast from 30 to
20 mph.
PAGE 32 7/2/96 QUALITY CONTROL REQUIREMENTS
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Section 85.4 Section 85.4
(B) Parasitic losses at 15 mph for a dynamometer with
specified diameter rollers.
2 2
(0.5 * DIW) * (V -V )
(---------) 20 10
( 32.2 )
PLHP15 = (----------------------
( 550 * (CDT)
Where:
DIW = Dynamometer Inertia Weight. Total
"inertia" weight of all rotating
components in dynamometer.
V20 = Velocity in feet/sec at 20 mph.
V10 = Velocity in feet/sec at 10 mph.
ACDT = Coast-down time required for
dynamometer to coast from 20 to
10 mph.
(C) ACCEPTANCE CRITERIA: The difference between the
externally calculated value and the machine calculated
value shall not exceed 0.25 HP.
(iv) VERIFY COAST-DOWN. The coast-down procedure shall use a
vehicle off-dynamometer type method or equivalent. Using a
vehicle to bring the dynamometer up to speed and removing the
vehicle before the coast-down shall not be permitted.
(A) Randomly select an IHP2525 value that is between 8.0 hp
and 18.0 hp and set dynamometer PAU to this value.
Coast-down dynamometer from 30-20 mph.
2 2
(0.5 * DIW) * (V - V )
(---------) 30 20
( 32.2 )
CCDT @25 mph = (----------------------------------
( 550 * (IHP2525yy + PLHP25 - yy)
Where:
DIW = Dynamometer Inertia Weight. Total
"inertia" weight of all rotating
components in dynamometer.
V30 = Velocity in feet/sec at 30 mph.
V20 = Velocity in feet/sec at 20 mph.
IHP2525 = Randomly selected ASM2525 indicated
horsepower.
PLHP25 = Parasitic Horsepower for specific
dynamometer at 25 mph.
(B) Randomly select an IHP5015 value that is between 8.0 hp
and 18.0 hp and set dynamometer PAU to this value.
PAGE 33 7/2/96 QUALITY CONTROL REQUIREMENTS
<PAGE>
Section 85.4 Section 85.4
Coast-down dynamometer from 20-10 mph.
(0.5 * DIW)
----------- * (V(20)(2) - V(10)(2))
( 32.2 )
= -------------------------------------
CCDT @ 15 mph 550 * (IHP5015(yy) + PLHP15-(yy))
Where:
DIW = Dynamometer Inertia Weight. Total "inertia"
weight of all rotating components in
dynamometer.
V(20) = Velocity in feet/sec at 20 mph.
V(10) = Velocity in feet/sec at 10 mph.
IHP5015 = Randomly selected ASM5015 indicated
horsepower.
PLHP15 = Parasitic Horsepower for specific dynamometer
at 15 mph.
(C) ACCEPTANCE CRITERIA: The measured 30-20 mph coast-down time
and the 20-10 mph coast-down time must be inside the window
bounded by CCDT (seconds) PLUS OR MINUS 7%.
(c) Emission Sampling System.
(1) LEAK CHECK. The entire sample system shall be checked for vacuum
leaks on a daily basis and proper flow on a continuous basis.
This may be accomplished using a vacuum decay method, reading a
span gas, or other methods proposed by a state and approved by the
Administrator. The analyzer shall not allow an error of more than
1% of reading using the high-range span gas described in Section
85.4(d)(2)(iii)(C). The analyzer shall be locked out from testing
if the leak check is not performed when due or fails to pass the
check.
(2) DILUTION. The flow rate on the analyzer shall not cause more than
10% dilution during sampling of exhaust of a 1.6 liter engine a
normal idle. Ten percent dilution is defined as a sample of 90%
exhaust and 10% ambient air.
(3) DILUTION ACCEPTANCE TEST.
(i) Set vehicle with 1.6 liter maximum engine displacement at
factory - recommended idle speed, OEM configuration exhaust
system, transmission in neutral, hood up (a fan to cool the
engine may be used if needed). Set idle speed not to exceed
920 RPM. (Set for 900 RPM with a tolerance PLUS OR MINUS
20 RPM.)
(ii) With a laboratory grade analyzer system, sample the exhaust
at 40 centimeters depth with a flow sample rate below 320
liters per hour. Allow sufficient time for this test.
Record all HC, CO, NO, CO(2), and O(2) readings.
PAGE 34 7/2/96 QUALITY CONTROL REQUIREMENTS
<PAGE>
Section 85.4 Section 85.4
A chart recorder or electronically stored data may be used to
detect the point of stable readings.
(iii) While operating the candidate analyzer system in a mode which
has the same flow rate as the official test mode, record the
levels of HC, CO, NO, CO(2), and O(2). Ensure that the probe
is installed correctly.
(iv) Repeat step (ii).
(v) ACCEPTANCE CRITERIA: If the difference of the readings between
(ii) and (iv) exceed five percent of the average of (ii) and
(iv), repeat (ii), (iii), and (iv); otherwise average (ii)
and (iv) and compare with (iii). If (iii) is within 10
percent of the average of (ii) and (iv), then the equipment
meets the dilution specification.
(d) Analytic Instruments.
(1) GENERAL REQUIREMENTS. The analyzer shall, to the extent possible,
maintain accuracy between gas calibrations taking into account all
errors, including noise, repeatability, drift, linearity,
temperature, and barometric pressure.
(2) TWO-POINT GAS CALIBRATION AND LOW-RANGE AUDIT.
(i) Analyzers shall automatically require a zero gas calibration
and a high-range gas calibration for HC, CO, NO, and CO(2).
The system shall also use a low-range gas to check the
calibration in the range of vehicle emission standards. In
high volume stations (4000 or more tests per year), analyzers
shall be calibrated within four hours before each test. In
low volume stations (below 4000 tests per year), analyzers
shall be calibrated within 72 hours before each test. If
the system does not calibrate or is not calibrated, the
analyzer shall lock out from testing until corrective action
is taken.
(ii) GAS CALIBRATION AND CHECK PROCEDURE. Gas calibration shall
be accomplished by introducing span gases that meet the
requirements of 85.4(d)(2)(iii) into the calibration port.
The pressure in the sample cell shall be the same with the
calibration gas flowing as with the sample flowing during
testing. The analyzer channels shall be adjusted to the
center of the allowable tolerance range as a result of the
calibration. The system shall record the gas reading data
from before the adjustment and other data pertinent to
control charting, analyzer performance.
(A) Zero the analyzer and perform a leak check.
(B) Calibrate the analyzer using the high-range calibration
gas specified in Section 85.4(d)(2)(iii).
(C) Introduce the low-range check as specified in Section
85.4(d)(2)(iii). If the low-range check gas readings
differ from the label value by more than PLUS OR MINUS
2%, the analyzer shall be locked out from testing.
PAGE 35 7/2/96 QUALITY CONTROL REQUIREMENTS
<PAGE>
Section 85.4 Section 85.4
(iii) The following gases shall be used for the 2-point
calibration and low-range audit.
(A) Zero Gas
02 = 20.7%
HC < 1 ppm THC
CO < 1 ppm
CO(2)< 400 ppm
NO < 1 ppm
N(2) = Balance 99.99% pure
(B) Low-Range Audit Gas
HC = 200 ppm propane
CO = 0.5%
CO(2)= 6.0%
NO = 300 ppm
N(2) = Balance 99.99% pure
(C) High-Range Calibration Gas
HC = 3200 ppm propane
CO = 8.0%
C0(2)= 12.0%
NO = 3000 ppm
N(2) = Balance 99.99% pure
(iv) TRACEABILITY. The audit and span gases used for the gas
calibration shall be traceable to National Institute of
Standards and Technology (NIST) standards PLUS OR MINUS 1%.
Gases shall have a zero blend tolerance. Stations that
use large capacity gas bottles (size B or larger) and that
provide a quality control check to insure proper entry of gas
values, may use gases with a blend tolerance of up to 5%.
Gases with a 5% blend tolerance may also be used by any
station if the analyzer system reads the bar-coded
calibration gas bottle specifications and adjusts the
calibration accordingly.
(3) FIVE-POINT CALIBRATION AUDIT.
(i) Analyzers shall automatically require and successfully pass
a five point gas audit for HC, CO, NO, and CO(2). For high
volume stations, audits shall be checked monthly. In low
volume stations, analyzers shall undergo the audit procedure
every six months.
(ii) GAS AUDIT PROCEDURE. Calibration auditing shall be
accomplished by introducing audit gas through the probe.
The pressure in the sample cell shall be the same with the
audit gas flowing as with the sample flowing during testing.
(A) Zero the analyzer and perform a leak check.
PAGE 36 7/2/96 QUALITY CONTROL REQUIREMENTS
<PAGE>
Section 85.4 Section 85.4
(B) Flow the low range audit gas specified in Section
85.4(d)(3)(iii) through the sample probe, ensuring
that the tip is equal to ambient barometric pressure
PLUS OR MINUS 0.1 inches Hg (a balloon teed into the
gas flow line is an acceptable pressure indicator;
the balloon should stand slightly erect).
(C) When the HC, CO, NO, and CO(2) readings have stabilized
(no less than 20 seconds of gas flow) record them as
well as the PEF value at each audit blend.
(D) Repeat steps B and C for each audit gas specified in
Section 85.4(d)(3)(iii).
(E) Compare the readings with the audit gas values. Divide
the HC reading by its PEF using the following
relationship:
(Reading - Cylinder Value)
--------------------------
Tolerance % = 100 * Cylinder Value
(F) If the tolerance exceeds PLUS OR MINUS 4.0% for CO, CO(2),
and HC/PEF, or PLUS OR MINUS 5.0% for NO, then the
analyzer shall fail the gas audit and shall be locked
out from testing until it passes.
(iii) The following gases shall be used for the five-point
calibration audit.
(A) Zero Audit Gas
O2 = 20.7% (if O2 span is desired)
HC < 0.1 ppm THC
CO < 0.5 ppm
CO(2)< 1 PPM
NO < 0.1 ppm
N(2) = Balance 99.99% pure
(B) Low Range Audit Gas
HC = 200 ppm propane
CO = 0.5%
CO(2)= 6.0%
NO = 300 ppm
N(2) = Balance 99.99% pure
(C) Low-Middle Range Audit Gas
HC = 960 ppm propane
CO = 2.4%
CO(2)= 3.6%
NO = 900 ppm
N(2) = Balance 99.99% pure
(D) High-Middle Range Audit Gas
HC = 1920 ppm propane
CO = 4.8%
PAGE 37 7/2/96 QUALITY CONTROL REQUIREMENTS
<PAGE>
C0(2) = 7.2%
NO = 1800 ppm
N(2) = Balance 99.99% pure
(E) High Range Audit Gas
HC = 3200 ppm propane
CO = 8.0%
C0(2) = 12.0%
NO = 3000 ppm
N(2) = Balance 99.99% pure
(iv) TRACEABILITY. The gases used for the audit shall be traceable to
National Institute of Standards and Technology (NIST) standards
PLUS OR MINUS 1%. Gases shall have a zero blend tolerance.
(4) SERVICE, REPAIR AND MODIFICATION.
(i) Each time an analyzer's emissions measurement system, sensor, or
other related electronic components are repaired or replaced, the
calibration audit required in Section 85.4(d)(3) shall be performed,
at a minimum, prior to returning the unit to service.
(ii) Each time the sample line integrity is broken, a leak check shall be
performed prior to testing.
(5) ACCEPTANCE TESTING.
(i) ANALYZER ACCURACY. This test confirms the ability of the candidate
instruments to read various concentrations of gases within the
tolerances required by this specification. The test compares the
response of the candidate instrument with that of standard
instruments, and also estimates the uncertainty of the readings.
The analyzer shall be zeroed and gas calibrated using the high-range
calibration gas. The instrument shall be tested using propane,
carbon monoxide, carbon dioxide, and nitric oxide in nitrogen, with
a certified accuracy of PLUS OR MINUS 1%, in the following
concentrations: 0%, 10%, 20%, 30%, 40%, 50%, 60%, 70%, 80%, 90% of
full scale for the analyzers. Full scale is defined in Section
85.3(c)(3).
(A) Introduce the gases in ascending order of concentrations
beginning with the zero gas. Record the readings of the
standard and candidate instruments to each concentration value.
(B) After the highest concentration has been introduced and
recorded, introduce the same gases to the standard and candidate
analyzers in descending order, including the zero gas. Record
the reading of analyzers to each gas, including negatives (if
any).
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(C) Repeat steps A and B for the candidate only, four more times
(total of five times).
(D) Calculations:
1. Calculate the average value of each concentration for the
readings of the standard instruments.
2. Calculate the mean and standard deviation of each
candidate's readings for each concentration. Include both
upscale and downscale readings for the same gas
concentration. (All calculations may not be possible for
zero concentrations.)
3. For each concentration, calculate the difference between
the candidate mean and the standard average.
4. For each concentration, compute the following:
(i) Y(1) = x + K(sd)
(ii) Y(2) = x - K(sd)
Where
K(sd) = std dev * 3.5 for zero and the highest
concentration value
K(sd) = std dev * 2.5 for all other concentration values
x = mean (arithmetic average) of the set of candidate
readings.
5. Compute the uncertainty (U) of the calibration curve for
each concentration as follows:
(i) U(1) = concentration value - Y(1)
(ii) U(2) = concentration value - Y(2)
6. ACCEPTANCE CRITERIA:
(a) For each concentration, the differences calculated in
Step 3 shall be no greater than the accuracy
tolerances specified in Section 85.3(c)(3) for each
instrument.
(b) For each concentration, the uncertainties, (U(1)
and U(2)) shall be no greater than the accuracy
tolerances required in Section 85.3(c)(3).
(ii) ANALYZER SYSTEM REPEATABILITY. This test characterizes the
ability of the instrument to give consistent readings when
repeatedly sampling the same gas concentration.
(A) Using an 80% full scale gas, introduce the gas through the
calibration port. Record the readings.
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<PAGE>
(B) Purge with ambient air for at least 30 seconds but no more than
60 seconds.
(C) Repeat steps A and B above four more times.
(D) Repeat steps A, B, and C, introducing the gas through the
sample probe.
(E) ACCEPTANCE CRITERIA: The differences between the highest and
lowest readings from both ports shall not exceed the values
specified in Section 85.3(c)(3)(vi).
(iii) ANALYZER SYSTEM RESPONSE TIME. This test determines the speed of
response of the candidate instrument when a sample is introduced at
the sample probe.
(A) Gas calibrate the candidate instrument per the manufacturer's
instructions.
(B) Using a solenoid valve or equivalent selector system, remotely
introduce an 80% full scale gas to the probe. The gas pressure
at the entrance to the probe shall be equal to room ambient.
(C) Measure the elapsed time required for the instrument display to
read 90% and 95% of the final stabilized reading for HC, CO,
C0(2) and NO. (Optional: Also, measure the time required for
the 0(2) analyzer to read 0.1% 0(2)). Alternatively the bench
outputs may be recorded against a time base to determine the
response time. Record all times in seconds.
(D) Switch the solenoid valve to purge with zero air for at least 40
seconds but no more than 60 seconds.
(E) Measure the elapsed time required for the NO instrument display
to read 10% of the stabilized reading in Step C.
(F) Repeat steps A, B, and C, two more times (total three times).
(G) ACCEPTANCE CRITERIA: The response (drop time for 0(2) and NO;
rise time for HC, CO, C0(2) and NO) times shall meet the
requirement specified in Section 85.3(c)(2)(x). The response
time shall also be within PLUS OR MINUS 1 second of the nominal
response time supplied by the equipment supplier for use in
Section 85.5(b)(5).
(iv) ANALYZER INTERFERENCE EFFECTS. The following acceptance test
procedure shall be performed at 45 DEG. F, 75 DEG. F, and
105 DEG. F conditions, except as noted.
(A) Zero and span the instrument.
(B) Sample the following gases for at least one minute. Record the
response of each channel to the presence of these gases.
Page 40 7/2/96 QUALITY CONTROL REQUIREMENTS
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1. 16% Carbon Dioxide in Nitrogen.
2. 1600 ppm Hexane in Nitrogen.
3. 10% Carbon Monoxide in Nitrogen.
4. 3000 ppm Nitric Oxide in Nitrogen.
5. 75 ppm Sulfur Dioxide (SO(2)) in Nitrogen.
6. 75 ppm Hydrogen Sulfide (H(2)S) in Nitrogen.
(C) WATER-SATURATED HOT AIR. Water-saturated hot air shall be drawn
through the probe from the top of a sealed vessel partially
filled with water through which ambient air will be bubbled. The
water shall be maintained at a temperature of 122 DEG. F PLUS
OR MINUS 9 DEG. F. This test shall be performed at only the
75 DEG. F, and 105 DEG. F conditions.
(D) ACCEPTANCE CRITERIA: The interference effects shall not exceed
the limits specified in Section 85.3(c)(2)(iii).
(v) ELECTROMAGNETIC ISOLATION AND INTERFERENCE. This test shall measure
the ability of the candidate instrument to withstand electromagnetic
fields which could exist in vehicle testing and repair facilities.
For all tests described below, sample "Low-Middle Range Audit Gas"
specified in Section 85.4(d)(3)(iii)(C), at atmospheric pressure,
through the sample probe. Record analyzer reading during test
periods.
(A) RADIO FREQUENCY INTERFERENCE TEST.
1. Use a test vehicle with an engine having a high energy
ignition system (or equivalent), a solid core coil wire
and a 3/8" air gap. Leave engine off.
2. Locate the candidate instrument within 5 feet of the
ignition coil. Gas calibrate the candidate instrument.
3. Sample gas specified above. Wait 20 seconds, and record
analyzer readings.
4. Start engine. With the hood open and gas flowing to the
analyzer, cycle the engine from idle through 25 mph on the
dynamometer at ASM loads and record the analyzer readings.
5. Relocate the instrument to within 6 inches of one side of
the vehicle near the engine compartment. Follow procedure
described in step 4 and record analyzer readings.
6. Relocate the instrument to within 6 inches of the other side
of the vehicle near the engine compartment. Follow
procedure described in step 4 and record analyzer readings.
Page 41 7/2/96 QUALITY CONTROL REQUIREMENTS
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7. ACCEPTANCE CRITERIA: The analyzer readings shall deviate no more
than 0.5% full scale.
(B) INDUCTION FIELD TEST. Use a variable speed (commutator type) hand
drill having a plastic housing and rated at 3 amps or more. While
the analyzer is sampling the gas, vary the drill speed from zero to
maximum while moving from the front to the sides of the instrument
at various heights.
ACCEPTANCE CRITERIA: The analyzer readings shall deviate no more
than 0.5% full scale.
(C) LINE INTERFERENCE TEST. Plug the drill used in part B above into
one outlet of a #16-3 wire extension cord approximately 20 feet
long. Connect the instrument into the other outlet of the extension
cord. Repeat part B above.
ACCEPTANCE CRITERIA: The analyzer readings shall deviate no more
than 0.5% full scale.
(D) VHF BAND FREQUENCY INTERFERENCE TEST. Locate both a citizens ban
radio (CB), with output equivalent to FCC legal maximum, and a
highway patrol transmitter (or equivalent) within 50 feet of the
instrument. While the analyzer is sampling the gas, press and
release transmit button of the both radios several times.
ACCEPTANCE CRITERIA: The analyzer readings shall deviate no more
than 0.5% full scale.
(E) AMBIENT CONDITIONS INSTRUMENTS. Upon installation and every six
months thereafter, the performance of the ambient conditions
instruments shall be cross checked against a master weather station.
ACCEPTANCE CRITERIA: The individual instruments shall be within
the tolerance specified in Section 85.3(c)(4).
PAGE 42 7/2/96 QUALITY CONTROL REQUIREMENTS
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Section 85.5 TEST RECORD INFORMATION
The following information shall be collected for each test
performed (both passing and failing tests), recorded in electronic
form, and made available to EPA upon request.
(a) GENERAL INFORMATION.
(1) Test Record Number
(2) Inspection station and inspector numbers
(3) Test system number
(4) Dynamometer site
(5) Date of test
(6) Emission test start time and the time final emission scores are
determined.
(7) Vehicle identification number
(8) License plate number
(9) Test certificate number
(10) Vehicle model year, make, and type
(11) Number of cylinders or engine displacement
(12) Transmission type
(13) Odometer reading
(14) Type of test performed (i.e., initial test, first retest, or
subsequent retest)
(b) AMBIENT TEST CONDITIONS.
(1) Relative humidity (%)
(2) Dry-bulb temperature (-F)
(3) Atmospheric pressure (mm Hg)
(4) NO correction factor
(5) Nominal response time for each instrument (Transport + T90)
(c) ASM MODE OR MODES. The following information shall be captured
separately for each test mode (ASM5015 and/or ASM2525) performed.
(1) Final HC running average (AvgHC) (ppm)
(2) Final CO running average (AvgCO) (%)
(3) Final NO running average (AvgNO) (ppm)
(4) Total horsepower used to set the dynamometer (THP5015) (hp)
(5) Engine RPM running average corresponding to the final test score
(6) Dilution correction factor (DCF)
(d) DIAGNOSTIC/QUALITY ASSURANCE INFORMATION.
(1) Test time (seconds)
(2) Mode time (seconds)
(3) Vehicle speed (mph) for each second of the test
(4) Engine RPM for each second of the test
(5) Dynamometer load (pounds) for each second of the test
(6) HC concentration (ppm) for each second of the test, not corrected
for dilution
(7) CO concentration (%) for each second of the test, not corrected
for dilution
(8) NO concentration (ppm) corrected for humidity for each second of
the test, not corrected for dilution
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(9) C0(2) concentration (%) for each second of the test
(10) 0(2) concentration (%) for each second of the test (optional)
PAGE 44 7/2/96 TEST RECORD INFORMATION
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EXHIBIT B
ASM 2525 AND QUICK TEST EQUIPMENT REQUIREMENTS
The Contractor shall comply with the equipment requirements of this Section.
Computerized test systems are required for performing measurements on subject
vehicles. These computerized test systems shall conform to the performance
features and functional characteristics of ASM 2525.
The Contractor shall install equipment in each station to implement the
required inspection network. All equipment shall be maintained according to
good engineering practices to assure test accuracy. "System" means the
entire inspection network including, without limitation, program hardware,
software, and equipment. The System shall be designed in a manner to allow
each inspection station to operate asynchronously and independently from each
of the other stations (e.g. if a station was closed for any reason, other
stations could continue testing operations).
A. Functional Requirements
The System shall measure unburned hydrocarbons (HC), nitric oxide
(NO) and carbon monoxide (CO) exhaust emissions from gasoline
powered light-duty and medium-duty vehicles, and perform gas cap
pressure tests and tamper inspections. The System shall control
the operation and data collection of all tests conducted. The
System shall generate printed vehicle inspection reports (VIRs)
which shall serve as certificates of compliance, noncompliance,
waiver, rejection, or permanent exemption for vehicles requiring
inspection.
1. A method shall be provided for automatically printing
inspection reports and certificates of compliance.
Inspection information shall be printed legibly onto
pre-printed inspection certificates. The Contractor shall
provide the preprinted inspection certificates used in the
program for OEPA's approval.
2. The State shall allow the Contractor access to the OBMV
registration data file for vehicle license plate numbers,
vehicle identification numbers, vehicle model years,
certificate identification numbers and certificate dates,
using State created tapes formatted pursuant to the
OEPA/Envirotest/MARTA Compatibility Specification. This
access shall allow the Contractor to input certain
inspection information in the data file provided by the
OBMV. The Cost for creating tapes is to be borne by the
Contractor.
3. The Contractor shall provide a method to allow the System
to test vehicles asynchronously. Entry of the vehicle
identification data subsequent to testing shall allow for
automated compliance determinations, storage of data and
printing of test reports.
As vehicle identification data are entered into the System,
information shall
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be limit-checked to minimize operator errors. If data are
rejected as a result of a limit-check, a message shall be
displayed prompting the inspector to correct the error.
Vehicle testing data processing shall proceed independently
in all lanes.
Each lane in the Contractor's network shall be equipped with a
bar code reader. The bar code reader shall be used for
scanning number bar codes on dashboards when the codes are
produced on vehicles.
4. The System shall have the capability to accept commands to
terminate testing of a vehicle and purge the exhaust gas
sampling system. The commands will dictate whether the
vehicle is to be retested or excluded from further testing.
If the vehicle is to be retested, the test sequence will be
repeated. If the vehicle is to be excluded from further
testing, an inspection report shall not be generated. Data
for an aborted test shall be documented in the bulk storage
medium.
5. The System shall assure that emission measurements are valid.
The means of assuring validity shall be determined, including
the sample rates, stabilization checks, and software
smoothing techniques. Software changes may be required to
include additional standards in the System.
6. The System shall provide for manual and automatic gas analyzer
span and zero drift checking and correction pursuant to the
U.S. EPA ASM document. The method of correcting data for span
and zero drift shall be subject to the approval of OEPA.
7. The analyzer shall perform an automatic zero, an ambient air
reading, and an HC hang-up check prior to each test. This
process shall occur within two minutes of the start of the
test.
8. The System shall provide for manual and automatic sample
system back-purging and water removal unit draining.
Automatic back-purging and water removal unit draining shall
be conducted prior to each test.
9. The System shall provide for automatic sample system HC/CO/NO
hang-up checking. Automatic HC/CO/NO hang-up checks shall be
conducted prior to each test. If the HC/CO/NO levels present
in the ambient air exceed 15 parts per million (ppm) HC or
0.02% CO, and 25 ppm NO; and the residual HC in the sampling
system (probe sample - ambient air reading) exceeds 7 ppm HC,
the System shall prevent further testing and return to the
automatic back-purging mode. The System shall automatically
alternate between the back-purge mode and the HC/CO/NO hang-up
check mode until the measured levels of HC/CO/NO hang-up are
below the allowable limits pursuant to the U.S. EPA ASM
document.
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10. The System shall provide for automatic sample flow
monitoring. The System shall prevent testing if sample
flow drops below a point that adversely affects the
HC/CO/NO measurements. The sampling system shall be
equipped with a flow meter (or equivalent) that shall
indicate sample flow degradation when meter error exceeds
three percent (3%) of full scale, or causes system
response time to exceed thirteen (13) seconds to ninety
percent (90%) of a step change in input, whichever is
less.
B. Equipment Specifications
Where the specification calls for specific assemblies or
subsystems, the intent is to define a performance standard for
the System. The Contractor may arrange the equipment physically
in any reasonable manner so long as the alternative is
functionally equivalent to that described herein. The Contractor
shall demonstrate that the performance standards have been met if
an alternative configuration is proposed. The Contractor shall
incorporate calibrations, adjustments, and quality control
standards into the System pursuant to the U.S. EPA ASM document.
1. Sample Conditioner
The equipment to be provided as part of the sample
conditioning unit includes the following:
a. Exhaust gas sample probe assemblies with flexible
sample lines;
b. Coalescent filter for water removal;
c. Solenoid valves and fittings as required;
d. Particulate filters; and
e. Input ports and plumbing to accept externally supplied
calibration gases.
Vehicle exhaust gas shall be sampled using a probe with a
thermally insulated grip and a sample line consisting of
non-contaminating material suitable for heavy-duty service.
Insulation shall be such that the temperature of the
handgrip does not exceed 120 degrees Fahrenheit during
normal use. The System shall simultaneously sample exhaust
gases from all vehicle exhaust pipes.
The System shall include an automated method of checking
for exhaust sample dilution. This method shall include the
use of additional gas analysis equipment such as C0(2)
analyzers.
The probe design shall be such that it will not slip out of
the vehicle tailpipe
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when in use. The probe shall be flexible enough to extend
into a curved tailpipe at least ten (10) inches. A tight
fitting tailpipe extension device may be employed to prohibit
sample dilution. The sample line shall be oil-resistant and
of such composition that molecular hydrocarbon hang-up will
be minimized. The sample line length shall be at least
twenty (20) feet in length. The line shall be able to
withstand distortion and return to its original shape when a
vehicle loaded to twenty thousand (20,000) pounds per axle is
driven over it.
A coalescent filter shall remove water from the exhaust gas
sample of the vehicle prior to gas analysis.
2. Exhaust Gas Analyzers
a. Each permanent gas analyzer assembly for testing
gasoline-fueled vehicle shall include the following:
*NDIR CO Analyzer(s)
*NDIR C0(2) Analyzer(s)
*NDIR HC Analyzer(s)
*NDIR NO Analyzer(s)
b. All exhaust gas analyzers shall meet the performance
standards established by the California Bureau of
Automotive Repair (BAR) 97 certified emissions analyzers.
Instruments supplied pursuant to this specification, or
the major components thereof, shall be approved by OEPA in
accordance with approved Acceptance Test Procedures in the
technical specifications for the ASM 2525 and Quick Test
referenced in Paragraph 3.B. and Exhibit B at paragraph E.
3. Flow Controller
The flow controller shall regulate ambient air, exhaust sample,
span gas, and calibration gas. The sampling system shall be
equipped with a warning that alerts the operator when the sample
flow is not within operating requirements. The test shall not
proceed until the sample flow is brought within operating
requirements.
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4. Standard Gas Unit
The standard gas unit shall include all gas bottles, regulators,
stainless steel plumbing, gas cart, fittings and manifolds
necessary to provide gases for automated zeroing and spanning of
gas analyzers and periodic calibration checks.
The Contractor shall be required to obtain gases blended and
analyzed to an accuracy of plus or minus one percent (+/- 1%)
traceable to the National Bureau of Standards (NBS), Standard
Reference Materials (SRM's) for calibration purposes from a vendor
which has California BAR certification. Sufficient calibration
gases shall be available to perform periodic multi-point
calibration checks for each range used on each analyzer.
5. Chassis Dynamometer
Each inspection lane shall be equipped with a chassis
dynamometer. The Contractor shall use the currently installed
dynamometers. The chassis dynamometer shall provide rolls to
support the drive wheels of front or rear-wheel-drive vehicles
and permit their continuous rotation. The power generated by the
vehicle engine and delivered to the rolls through the tire treads
shall be transmitted to a power absorption device. The load may
be established by the physical design characteristics of the
absorber or by automatic control.
The frame and roll assemblies shall be mounted at floor level in
a manner to permit all vehicles to be driven over the rolls to
the test position, be tested in a level attitude, and be driven
off after the test. A between-rolls platform and roll brakes
shall enable easy movement of the vehicles on and off of the
dynamometer.
The steady state loaded mode chassis dynamometer shall meet the
following specifications:
a. Power absorption: The dynamometer shall be capable of
applying a load to the vehicle's driving tire surfaces at
the horsepower (HP) and speeds specified in the U.S. EPA
ASM document;
b. Repeatability of power absorption at a constant speed for
any one weight class and cruise level shall be within two
percent (2%) of the measured value;
c. Power absorption at constant speed shall not drift more
than 0.5 HP during any single test mode;
d. The dynamometer shall be capable of supporting a drive
over axle
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weight up to and including ten thousand (10,000) pounds;
e. Roll wheel lifts shall be controllable and capable of
lifting individual axle loads of six thousand (6,000)
pounds;
f. Both roll brakes shall be locked when the wheel lift is
up;
g. Electrical output signals shall provide a digital
presentation of dynamometer speed;
h. Each roll shall have a diameter of not less than eight (8)
inches. The rolls shall be spaced so that a tire whose
radius is thirteen (13) inches shall contact the rolls
with an included angle from the wheel center to the roll
centers of not less than fifty-eight (58) and not more
than sixty-three (63) degrees. The rolls shall provide a
contact surface not less than ninety-six (96) inches wide.
If the rolls are divided, the inner-end to inner-end
dimension shall not be more than thirty (30) inches;
i. Speed meters or their functional equivalent shall be
provided in the digital Test Display Unit having single
scale lengths of not less than seven and five-tenths (7.5)
inches and shall indicate zero (0) to sixty (60) miles per
hour;
j. Provisions shall be included in the instrumentation system
to calibrate the dynamometer for speed. The calibration
unit shall consist of all devices and accessories
necessary to perform periodic calibration and adjustment
of the dynamometer to specifications;
k. A roll speed sensor and safety interlock circuit shall be
provided which prevents the application of the roll brakes
and upward lift movement at any roll speeds above one-half
(1/2) miles per hour; and
l. The dynamometer system shall be air-cooled.
6. Diesel Opacity Meter
The diesel opacity meter shall read the equivalent opacity value
of neutral density gelatin filters within a plus or minus two
percent (2%) opacity at 20% opacity. The opacity meters shall be
checked for accuracy using a neutral density gelatin filter and
shall pass an Opacity 3-point Span Check weekly, said check to
take place any time prior to or during the day in which the last
valid passing check expires. The System shall prevent by means
of automatic lockout any test initiated if the above 3-point
requirement has not been met. Additionally, the meter shall be
checked using an Opacity 2-point Span Check immediately prior to
performance of a valid diesel opacity inspection, said check to
be comprised of instrument zero and 100% spans.
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13. Each lane shall have a bar code scanner capable of
reading bar code vehicle identification numbers
through a windshield. The scanner shall be directional
scanning that is retro-collective.
14. Tachometer- The tachometer for the high idle/2500 rpm
test for dedicated four-wheel drive vehicles shall be
either a type placed on the hood of the car or an
induction pickup type. Accuracy shall be + or - 3% at
2500 rpm. The tachometer display shall be digital and
easily readable at a distance of 20 feet.
C. General System Design Requirements
The System shall be designed and constructed so as to comply with
current OSHA regulations.
1. Equipment shall be designed for easy access to all
components contained within enclosures. Slide-out or
hinged mountings with quick-disconnect connectors and
handles for extraction shall be employed where enclosures
would otherwise prevent access to equipment.
2. Mechanical and electrical interchangeability shall exist
between like and/or compatible assemblies, components, and
their replacement parts.
3. Electronic enclosures shall provide dust-protective
housings. National Electrical Manufacturer's Association
standards for enclosures shall apply.
4. The National Electrical Code shall govern all electrical
installation of equipment and electrical distribution
systems. This requirement shall not relieve the
Contractor of the responsibility for complying with the
requirements of any applicable local electrical codes.
5. Performance of equipment shall be protected from
degradation by the presence of interference signals which
may be present at any facility. It shall be the
Contractor's responsibility to determine the degree of
interference control required at each site. Equipment
shall be prevented from generating interference signals
which affect proper operation of any equipment. It shall
be the responsibility of the Contractor to design and
operate the System to meet the United States Government
standards for radio frequency interference and
electromagnetic radiation as set forth in Federal
Communication Commission and Federal Aviation Authority
rules and regulations.
6. System cables used in the test lane shall be designed of
material resistant to gasoline, oil, water, and engine
exhaust. System cables shall be of heavy construction to
resist abuse. Bundled cables shall be protected from
abrasion and fraying or dislocation of individual
conductors. The environment
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of the inspection facility core shall be conditioned to
accommodate the operating requirements of all equipment
installed therein.
7. Equipment in the inspection lanes shall be capable of
operating as specified within an ambient (outside air)
temperature range of zero (0) degrees Fahrenheit to one
hundred ten (110) degrees Fahrenheit and shall be capable
of operating as specified when exposed to a relative
humidity of zero (0) to eighty-five (85) percent
(non-condensing) for both continuous and intermittent
periods.
D. Quality Assurance and Control Requirements
The requirements in this Section describe the methods that shall
be used to ensure a high quality System. The Contractor shall
establish and maintain a quality assurance program to ensure
compliance with the requirements of the Contract that shall
conform to the requirements of the U.S. EPA ASM document.
All phases of the work, manufactured or performed within the
Contractors plant or at any other source, shall be controlled at
all points necessary to assure conformance to the Contract. The
program shall provide for prevention and detection of
discrepancies and for prompt corrective action. The Contractor
shall make evidence of quality conformance available to the OEPA.
The Contractor agrees to implement quality control procedures
which comply with the U.S. EPA ASM document. All quality
control checks shall be identified by station number, lane
number, and date. In addition, data reports shall contain the
concentration values of the calibration gases used to perform the
gas characterization portion of the quality control checks.
Contractor shall supply OEPA with necessary hardware and
calibration gases to be used in quality control audits.
The Contractor's quality control procedures shall insure that
emission measurement equipment is calibrated and maintained
properly, and that inspection, calibration records and control
charts are accurately created, recorded, and maintained.
Computerized analyzers shall automatically record all recordable
quality control check information.
E. System Acceptance Test Procedures
There shall be two (2) Acceptance Test Procedures (ATPs)
performed. ATP-Hardware shall govern the new system hardware,
the BAR97 analyzer for use with the "Quick Test" and subsequent
ASM 2525 testing. ATP-Software shall govern the new ASM 2525
testing software.
F. Maintenance
In order to minimize error due to calibration drift or equipment
failure, the Contractor
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shall conduct an effective preventive maintenance and quality
control program. Scheduled preventative maintenance, necessary
to insure accurate and repeatable operation, shall be performed
on all inspection equipment, on a periodic basis, by the
Contractor outside the normal station/lane operational hours or
during normal operating hours on a lane that is not in use for
emission testing. Records of maintenance and calibration shall
be maintained and available for OEPA review. The program shall
include, but not be limited to the following:
1. Daily calibration checks;
2. Periodic recalibrations;
3. Periodic cleaning and maintenance of all equipment
according to manufacturer's specifications; and
4. Daily visual inspection of equipment.
G. System Calibration Surveillance
OEPA shall conduct a program of surveillance to verify that the
Contractor is performing emission tests using properly calibrated
and correctly functioning equipment. In order to facilitate this
surveillance, the cooperation of the Contractor is required. A
Maintenance and Systems Surveillance Plan which provides the
surveillance obligations set forth in this Change Order shall be
provided to the OEPA.
1. Any station shall be available at any time for a check of
the calibration and proper operation of all equipment.
2. Any documentation or equipment necessary to perform
calibration checks shall be available at each station.
3. Access shall be provided during nonworking hours to
perform any required checks which OEPA does not wish to
perform during normal work hours.
4. Any defective condition which could adversely affect the
accuracy of tests performed shall be corrected
immediately.
5. If so ordered by an OEPA representative, any test lane
affected by a condition that would adversely affect the
accuracy of inspections in the lane shall be closed. No
further testing shall be conducted until evidence that the
defective condition has been corrected has been submitted
by the Contractor and has been approved by OEPA.
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EXHIBIT C
ASM 2525 AND QUICK TEST INSPECTION PROCEDURES
The Contractor shall comply with the inspection procedures in this Section.
Inspection procedures described in the U.S. EPA ASM document shall take
precedence except as specified in this Contract.
The Contractor shall inspect subject vehicles presented for testing during a
station's operating hours.
A. Pre-Emissions Visual Safety Compliance Check
Each vehicle shall be visually inspected prior to the emissions
inspection for the following unsafe conditions:
1. Any fuel leaks in or around engine, fuel tank or lines causing
wetness or pooling of fuel;
2. Any continuous leaking of engine oil or transmission fluid onto the
floor;
3. Any continuous leaking of engine coolant onto the floor or an
illuminated engine temperature light;
4. Under inflated tires or tires in an unsafe condition (i.e. no tread,
visible steel belts, retreads coming off, etc.). Space-saver emergency
spare tires are not acceptable. Vehicle drive wheel tires shall be
visually checked for tire pressure and inflated to approximately 30
pounds when they appear low;
5. Other unsafe conditions such as loud internal engine noises, obvious
exhaust leaks, or a missing tailpipe;
6. A missing gas cap; and
7. Altered or inaccessible exhaust system, other than systems than
conform to original equipment manufacturer specifications which
interferes with the operation of moving equipment or which cannot be
accessed on one knee with one arm's length.
Any vehicle found to be in an unsafe condition may be rejected without an
emission inspection. A vehicle rejection report indicating why the
vehicle was rejected shall be provided to the motorist. The vehicle
shall be repaired to alleviate the unsafe condition prior to an emission
inspection. The Contractor shall be responsible for the design, printing
and supplying of the vehicle rejection report approved by OEPA.
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An owner shall pay the inspection fee for each initial inspection
conducted on the owner's motor vehicle. An owner shall not pay the
reinspection fee for a first reinspection conducted on the owner's motor
vehicle. An owner shall not pay the reinspection fee for a first
reinspection conducted on the owner's motor vehicle, if a reinspection
is required. An owner shall pay the inspection fee for a first
reinspection only if the inspection fee was not collected during the
vehicle's initial inspection. An owner shall pay the reinspection fee
for the second and each subsequent reinspection conducted on the owner's
motor vehicle, if required, during each inspection period.
B. Test Vehicle Classes
Vehicles shall be tested in as-received condition. The engine shall be
at normal operating temperature with all accessories turned off based on
a visual observation of overheating. The Contractor shall address unique
characteristics of certain vehicle makes and models, and adjust the
inspection procedure accordingly.
When a vehicle enters a testing station, the Contractor shall access the
data file to screen for inspections within the three hundred sixty five
(365) days prior to the vehicle owner's registration deadline.
The screening is to prevent vehicle owners from receiving multiple initial
inspections to avoid repairs. Legitimate retests, exemption inspections,
or tests subsequent to the motorist's registration renewal deadline do not
constitute multiple initial inspections for purposes of this provision.
OEPA intends motorists to use the inspection certificate for one
registration cycle only. The certificate shall be transferable
and viable when a vehicle is sold. The certificate shall not be
used by the same owner for a subsequent year's re-registration of
that vehicle.
All twenty-five (25) years old and newer gasoline vehicles being
retested shall be inspected in accordance with the procedures and
Pass/Fail criteria as specified herein. If the vehicle passes the
tampering portion of the initial inspection, that portion need not
be repeated. Inspection fees shall be collected from the motorist
by the Contractor and deposited into the Contractor's business
account.
Three (3) classes of vehicles and the corresponding emissions
inspection procedures are outlined within this Contract. The
classes are as follows:
1. Gasoline fueled vehicles twenty-five (25) years old and
newer having a ten thousand (10,000) pounds gross vehicle
weight rating (GVWR) or less; and
2. Diesel fueled vehicles twenty-five (25) years old and
newer having a ten thousand (10,000) pounds GVWR or
less.
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3. Dedicated four-wheel drive vehicles twenty-five (25) years
old and newer having a ten thousand (10,000) pounds GVWR
or less.
C. Tampering Test Procedure
The initial test shall be a tampering inspection which shall apply
to all gasoline fueled vehicles twenty-five (25) years old and
newer. The test shall consist of checks for the following items
(if applicable to that specific model year and engine
configuration):
1. Presence of a properly installed catalytic converter(s);
and
2. Presence of a seal in the gas cap;
An engine-switched vehicle shall be tested in the same manner
as other vehicles. An engine-switched vehicle shall meet the
emission standards of the chassis model year provided in the
vehicle registration. For the tampering inspection, such
vehicle shall match a light-duty certified configuration of
the chassis model year or of a newer vehicle if it originally
had been a light-duty configuration (heavy-duty vehicle shall
match heavy-duty configuration). The Contractor shall be
responsible for verifying the proper configuration of an
engine switch. The Contractor's station manager or assistant
manager shall verify these configurations.
Vehicles that have been switched from an engine of one fuel
type to an engine of another fuel type that are subject to
testing (e.g. from a diesel engine to a gasoline engine) shall
be subject to the test procedures and standards for the
current fuel type and the requirements of the preceding
paragraph.
Except as provided in the preceding two paragraphs,
application of a tampering test to each vehicle shall be
performed on the basis of the vehicle's original emission
control system configuration at the time of manufacture. The
applicable emission system requirements can be verified by the
Vehicle Emission Control Information (VECI) label under the
hood or by using emission control resources such as:
- Emission Control Systems application (Cascade
Automotive Resources)
- Emission Control Application Tables (Mitchell
Manuals)
- Automotive Emission Systems (Colorado State
University)
If a conflict exists between the VECI label and one of the
above-mentioned resources, the VECI label shall take
precedence. The Contractor shall be responsible for obtaining
the aforementioned resources and subsequent updates.
If the vehicle fails the tampering inspection, the ASM 2525 or
the Quick Test shall not be conducted. The costs associated
with tampering repairs shall not apply
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towards a waiver.
A pre-test rejection report stating the reasons that the test
was not conducted shall be given to the motorist.
An inspection report with the reasons for failing the test
shall be given to the motorist.
The anti-tampering test shall be conducted prior to the ASM
2525 and Quick Tests.
D. Steady-State, Loaded Mode "Quick Test"
1. General requirements.
a. Exhaust gas-sampling algorithm.
The analysis of exhaust gas concentrations shall begin ten (10)
seconds after the applicable test mode begins. Exhaust gas
concentrations shall be analyzed at a minimum rate of two (2)
times per second. The measured value for pass/fail determinations
shall be a simple running average of the measurements taken over
ten seconds.
b. Pass/fail determination.
A pass/fail determination shall be made for each applicable test
mode based on a comparison of the Quick Test standards. A vehicle
shall pass the test mode if any pair of simultaneous values for HC
and CO are below or equal to the applicable Quick Test standards. A
vehicle shall fail the test mode if the values for either HC or CO,
or both, in all simultaneous pairs of values are above the
applicable standards. These standards are subject to change by OEPA
and the Contractor shall adjust its software accordingly. The
Contractor shall maintain instrumentation accuracy requirements at
all times.
c. Void test conditions.
The test shall immediately end and any exhaust gas measurements
shall be voided if the measured concentrations of CO + C0(2) fall
below six (6) percent or the vehicle's engine stalls at any time
during the test sequence. (If U.S. EPA has approved an auto
manufacturer's request for less than percent, an override of this
requirement is acceptable).
d. Multiple exhaust pipes
Exhaust gas concentrations from vehicle engines equipped with
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<PAGE>
multiple exhaust pipes shall be sampled simultaneously.
e. The test shall be immediately terminated upon reaching the
overall maximum test time.
2. Test sequence - Quick Test
a. The test sequence shall consist of a steady state, loaded
mode using a chassis dynamometer followed immediately by
an idle mode as described in paragraphs (D)(4) and (5) of
this Section for all vehicles (except dedicated four-wheel
drive and diesel vehicles). Dedicated four-wheel drive
vehicles shall be tested using the two-speed idle test
described in 40 C.F.R., Part 51, Appendix B to Subpart S, II.
Diesel vehicles shall be tested as described in paragraph G.
b. The test sequence shall begin only after the following
requirements are met:
The dynamometer shall be in stabilized operating condition,
adjusted, and calibrated in accordance with the procedures
described in 40 C.F.R., Part 51, Appendix A to Subpart S.
c. The vehicle shall be operated during each mode of the test
with the gear selector in the following position:
- In drive for automatic transmissions and in second (or
third if more appropriate) for manual transmissions for the
loaded mode; and
- In park or neutral for the idle mode.
d. The sample probe shall be inserted into the vehicle's
tailpipe to a minimum depth of ten (10) inches. If the
vehicle's exhaust system prevents insertion to this
depth, a tailpipe extension shall be used.
e. The measured concentration of CO plus CO(2) shall be
greater than or equal to six percent, except as provided
in (D)(1)(c).
f. The tachometer shall be utilized in accordance with the
analyzer manufacturer's instructions.
3. Overall test procedure
The test timer shall start (tt=O) when the conditions specified in
paragraph (2)(b) of this Section are met and the mode timer
initiates as specified in
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<PAGE>
paragraph (2)(c) of this Section. The test sequence shall have
an overall maximum test time of two hundred forty (240) seconds
(tt=240). The test shall be immediately terminated upon reaching
the overall maximum test time.
E. Enhanced ASM 2525 Test Sequence
1. The Contractor shall perform ASM 2525 testing. The ASM 2525
shall consist of up to two hundred forty (240) seconds of
emissions measurements using a BAR97 analyzer while the vehicle
is driven at twenty-five (25) plus or minus one (1) miles per
hour on a dynamometer. The ASM 2525 testing shall be conducted
on all subject vehicles. A gas cap pressure test and visual
tampering check shall be required for all vehicles receiving the
ASM 2525 test.
The mode timer shall start (mt=O) when the dynamometer speed (and
corresponding power) are maintained within twenty-five (25) plus
or minus (+/-) one (1) miles per hour for five (5) continuous
seconds.
The dynamometer shall apply the correct torque at any testing
speed within the tolerance of twenty-five (25) plus or minus
(+/-) one (1) miles per hour (i.e., constant torque load over
speed range). The torque tolerance shall be plus or minus five
percent of the correct torque at twenty-five (25) miles per hour.
2. The dynamometer power shall be set in accordance with the U.S. EPA
ASM document.
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<PAGE>
3. The pass/fail analysis shall begin after an elapsed time of
twenty-five (25) seconds (mt=25). A pass or fail determination
shall be made for the vehicle and the mode shall be terminated as
follows:
a. The vehicle shall pass the ASM 2525 mode if, at any point
between an elapsed time of twenty-five (25) seconds (mt=25) and
90 seconds (mt=90), the ten (10) second running average measured
values for each pollutant are simultaneously less than or equal
to the applicable test standards described in the U.S. EPA ASM
document and/or as may be modified by OEPA as described below.
b. The vehicle shall fail the ASM 2525 mode and the mode shall
be terminated if the requirements of Section D.3.A are not
satisfied by an elapsed time of 90 seconds (mt=90).
The emission standards for the ASM 2525 shall be the standards set
forth in the U.S. EPA ASM document. The "Start up" standards will be
employed for the first year of the program as stated except for the
tier one (1) standards which have been eliminated. OEPA shall have the
ability to set emission standards that will result in an overall
failure rate of no greater than 20% of vehicles tested in any twelve
(12) month period after implementation of the ASM 2525 test and every
twelve (12) month period thereafter.
The Contractor's ASM 2525 test procedure includes a "Quick
Test"/algorithm that is approved by the U.S. EPA.
The Dilution Correction Factor described in the U.S. EPA ASM document
is offered optionally due to its untested status and potential
conflicts with the repair industry's emissions measurement capabilities.
F. Gas Cap Pressurization Test Procedures
The Contractor shall perform a gas cap pressurization test as part of
emission tests performed on all vehicles that were manufactured or
required to have a sealing gas cap.
1. The test sequence shall consist of the following steps:
a. Test equipment shall be connected to the gas cap and the
gas cap shall be tested for leaks.
b. The system shall be pressurized to twenty-eight (28) plus
or minus (+/-) one (1) inches of water without exceeding
twenty-nine (29)
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<PAGE>
inches of water system pressure.
c. The pressure source shall be closed off and the pressure decay
shall be monitored for up to thirty (30) seconds.
2. Vehicles shall fail the gas cap pressurization test if the system
cannot maintain a delta of six (6) inches of water. Vehicles that
fail shall be required to return with a valid replacement gas cap.
3. The gas cap pressurization test results shall be automatically
entered into the System.
G. Diesel Opacity Inspection Procedure
The Contractor shall perform diesel opacity inspections for applicable
diesel fueled vehicles. The System shall measure opacity for
particulates in the exhaust of light-duty diesel fueled vehicles
twenty-five (25) years old and newer having ten thousand (10,000)
pounds GVWR or less. The System shall control the operation and data
collection of all tests conducted. The System shall generate printed
vehicle inspection reports (VIRs) which shall serve as certificates of
compliance, noncompliance, or waiver for vehicles requiring diesel
opacity inspection.
1. Light Duty Diesel Vehicle Opacity Test Procedure
a. The emissions inspection procedure shall be conducted as
follows:
(i) Diesel vehicles shall be tested by means of a loaded
dynamometer test applying a single load as determined
by vehicle type and number of cylinders as specified in
EPA-AA-RSPD-IM-96-2-Section 85.2-(d)-(2)-(ii).
b. The emissions pass/fail determination shall be made as follows:
(i) The opacity reading shall be taken over a period of ten
(10) consecutive seconds with the engine under the
applicable speed and loading specified in
EPA-AA-RSPD-IM-96-2-Section 85.2(d)-(2)-(ii).
(ii) Any vehicle exceeding the appropriate standard shall
fail the test. Prior to reinspection, the vehicle
shall have a low-emission tune up.
c. No diesel fueled vehicle shall have emissions in excess of
twenty percent (20%) visual opacity. Failed vehicles shall be
repaired to pass the test. Waiver limits shall be the same as
for
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<PAGE>
gasoline fueled vehicles.
d. Exhaust sampling shall conform to the following:
(i) Separate measurements shall be made on each exhaust
outlet on diesel fueled vehicles equipped with
multiple exhaust outlets. For vehicles equipped with
more than one (1) exhaust stack or pipe, the reading
taken from the outlet giving the highest opacity
reading shall be used for comparison with the
appropriate standard.
(ii) All diesel fueled vehicles shall be inspected with an
opacity meter that is a full-flow, direct reading,
continuous reading light extinction type using a
collimated light source and photo-electric cell,
accurate to a value within plus or minus five a plus
or minus two percent (2%) opacity at 20% opacity.
H. Post-Test Procedures
1. Passed Vehicles
A vehicle that has passed the emission inspection shall
receive a Vehicle Inspection Report and a Certificate of
Compliance (both shall be on the same document). The
Contractor shall issue duplicate certificates upon request
of a motorist. The Contractor may charge a fee, not
greater than one-fourth (1/4) of the inspection fee, for
duplicate certificates.
2. Failed Vehicles
A vehicle that fails the emission inspection shall be given a
Vehicle Inspection Report indicating failure (non-compliance) and
the necessary repair requirements and applicable waiver
requirements.
The non-compliance certificates at OEPA's directions, shall also
contain a performance warranty statement.
I. The Vehicle Inspection Report
The current VIR form shall be used with only minor changes to the
pre-printed information as approved by OEPA. The print areas
shall remain unchanged.
1. The following information shall be printed on the front
of the VIR:
a. Certificate identification number
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<PAGE>
b. The date and time of the inspection
c. The vehicle identification number (VIN)
d. County of registration (For Official Use Only)
e. The vehicle make
f. The model year of the vehicle
g. The class of the vehicle (For Official Use Only)
h. Number of cylinders (For Official Use Only)
i. The fuel type (gasoline, diesel, or alternative fuel) (For
Official Use Only)
j. The odometer reading
k. The emissions standards for the vehicle model year
l. HC and CO readings for the Quick Test
m. HC, CO and NO readings for the ASM 2525 test
n. Separate pass/fail decisions for the gas cap pressure test
for gasoline vehicles
o. Opacity standards and readings for diesel vehicles
p. The pass/fail code for the opacity test for diesel vehicles
(For Official Use Only)
q. The overall pass/fail decision
r. Tampering inspection results for gasoline vehicles
s. The inspection/reinspection indicator (For Official Use Only)
t. The type of certificate (compliance, noncompliance, waiver,
permanent exemption)
u. The inspector identification number (For Official Use Only)
v. The date of the initial inspection (For Official Use Only)
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<PAGE>
w. The initial HC, CO and NO (if applicable) readings
from a prior test shall be printed on any
reinspection report (For Official Use Only)
x. An emissions inspection certificate that can be
separated from the Vehicle Inspection Report and
which contains the following information if the
vehicle passes inspection: vehicle identification
number, model year, make, date, the certificate
identification number, date of certificate
expiration, and type of certificate. If the vehicle
fails inspection, "NON-COMPLIANCE" shall be printed
continuously over the certificate
y. Certificate expiration date (365 days)
2. The back of the Vehicle Inspection Report (VIR) shall
remain unchanged from its current design.
J. Vehicle Repair Data
The Contractor shall provide a method of recording and maintaining
repair information in order to provide the required repair
information reports in Exhibit D of this Contract.
K. Waiver Procedure
Vehicles shall be eligible for waivers from the emission
inspection requirements, as provided in Ohio Administrative Code
Rule 3745-26-01 and Rule 3745-26-12 when proof is submitted that:
1. Appropriate repairs have been performed on the vehicle and
the reinspection reached at least a thirty percent (30%)
improvement over any initial fail reading (HC and/or CO)
without any initial pass reading changing to exceed
standards. These repairs shall be visually verified and
the station manager shall review the repair receipts;
2. The minimum expenditure made on emission repairs is one
hundred-dollars ($100) for vehicles 1980 and older, and
two hundred dollars ($200) for vehicles 1981 and newer.
This expenditure minimum is identical for either basic or
selected enhanced. If an area is reclassified to serious
ozone non-attainment, the waiver limit shall change to the
federally required four hundred fifty dollar ($450) limit;
and
3. The vehicle has received all repairs and adjustments for
which it is eligible under any emission performance
warranty or a written denial of warranty coverage from the
manufacturer or authorized dealer.
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<PAGE>
All expenditures must be documented and determined to be
emission related repairs. Motorists performing self-repair
on pre-1980 model year vehicles shall be given expenditure
credit on parts only.
The Contractor shall use a stamp to mark all original repair
receipts for waivers. The stamp shall be used after the
receipts have been accepted for the purpose of a waiver.
Vehicle Inspection Reports that are processed for waived
vehicles shall have the word "WAIVER" prominently printed in
the pass/fail section. The Contractor shall be responsible
for explaining to motorists, whose vehicles fail the
emissions test, that a waiver procedure is available. The
Contractor's station manager, assistant manager, or OEPA
auditor shall make determinations of waiver eligibility.
Inspectors shall not issue waivers. Only centralized station
managers or assistant managers shall have computer access to
issue waivers.
The waiver limit in a required enhanced area for 1981 and
later vehicles shall be adjusted in January of each year by
the percentage, if any, by which the Consumer Price Index for
the preceding calendar year differs from the current Consumer
Price Index. OEPA shall notify Contractor three (3) months
prior to such adjustment.
L. Hardship Extension
Low income motorists, as defined in O.A.C. Rule 3745-26-01
(NN), may receive an extension which allows an additional six
(6) months to have their vehicles repaired pursuant to O.A.C.
Rule 3745-26-12(B)(7). Vehicles failing only due to gas cap
problems shall be excluded. To receive a hardship extension,
a motorist must mail to the OEPA, the inspection report from
the Contractor's facility showing that the vehicle failed the
test, a copy of the vehicle's current registration, an
estimate totaling at least seventy-five dollars ($75.00) for
emission related repairs and/or diagnostic costs and and the
applicant must certify that his or her household income is
below one hundred and fifty percent of the Federal poverty
level. Applications shall be available at every inspection
station.
M. Repair Spending Cap
A motorist must demonstrate that he or she has spent an amount
equal to or greater than the "repair spending cap", as defined at
O.A.C. Rule 3745-26-01(MM), on emission-related repairs and
diagnostic fees. This amount shall not include the cost of
repairing or replacing tampered emissions control equipment, and
shall include only the cost of parts if the repairs are performed
by the vehicle owner or lessee.
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<PAGE>
N. Appeals
Appeal forms shall be designed, printed, and distributed by the
Contractor. Appeals may be submitted by the vehicle owner to OEPA
in cases where the inspection or waiver findings are in dispute.
OEPA shall make the final inspection or waiver decision. OEPA
shall conduct the appeal inspection at the Contractor's site.
O. Recall
The Contractor shall implement any necessary changes to comply
with vehicle recall requirements as mandated by U.S. EPA when the
U.S. EPA central recall data base is established and available.
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<PAGE>
EXHIBIT D
ASM 2525 AND QUICK TEST DATA ACQUISITION SPECIFICATIONS
The Data Acquisition Specifications shall serve as both the specifications in
developing a reliable data acquisition system and as the documentation of the
existing system after the start of the program. Documentation shall be
updated after each change to the system in the Ohio Data Specifications
document. Certain codes for data elements may be changed pursuant to the
Ohio Data Specification document. All data coding procedures, data
manipulation programs and any edit procedure changes shall be approved by
OEPA before implementation. The Contractor shall develop a data acquisition
system that shall allow for the input of data and generation of reports as
detailed in this Exhibit.
OEPA has arranged for a direct computer tie-in between the OBMV registration
database and the Contractor's computer system. In response to this Contract,
the Contractor shall cooperate with the OBMV and OEPA to establish database
access, communications protocol and security. The Contractor shall bear the
cost of all hardware and software required to facilitate the tie-in between
the systems. Questions regarding the BMV database shall be directed to Chief
of Data Systems and Programing, Department of Highway Safety, Bureau of Motor
Vehicles, 4300 Kimberly Parkway, Columbus, Ohio 43227, (614) 752-7692.
The tie-in provides "read only" access to the vehicle registration
information, except for an inspection certificate number field provided in
the OBMV database. For example, as a motorist drives into a testing lane,
the technician shall enter the license plate number, and the system shall
display the registration information and print it onto the inspection
certificate. The vehicle is then tested. If the vehicle fails, a
"non-compliance" certificate without a certificate identification number is
printed. If the vehicle passes, a "compliance" certificate with an
identification number is printed. The Contractor's computer automatically
displays the assigned certificate identification number, described herein,
into the field provided in the permanent OBMV registration database.
A. Data Storage and Handling
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1. All required data collected at the centralized emissions inspection
stations shall be compiled at the Contractor's headquarters. The
centralized emission inspection stations shall be connected to the
host computer by a real-time data link in order to prevent
unauthorized multiple initial tests on the same vehicle in a test
cycle and to insure test record accuracy. The data forwarded to
the host computer shall be placed on a suitable recording medium,
stored, and subsequently used to provide the OEPA with its required
reports. The OEPA computer, described in Exhibit F, Section D,
shall be capable of accessing the reports required in Section D of
this Exhibit entitled "Inspection Data Analysis and Reports."
2. Reports shall be supplied to OEPA by March 30 of each year for the
preceding calendar year.
3. The Contractor shall keep inspection results in an active data file
for a minimum of twenty-four (24) months from each annual
inspection. The Contractor shall have access to the data file to
screen for previous inspections within three hundred sixty-five
(365) days prior to the owner's registration deadline.
4. The Contractor shall retain all tapes or disks used to store the
emission inspection reports for a period of at least five (5) years
after the transfer of the reports to OEPA. These tapes or disks
may be audited by OEPA and U.S. EPA at any time.
B. Data Format: The data that shall be entered for each inspection are
listed below. Any unused fields shall contain blanks, except as
otherwise defined herein.
1. Date of Inspection
This eight (8) character numeric field shall consist of two (2)
sets of numbers with two (2) characters each and one (1) set of
numbers with four (4) characters (representing the year). The
date of inspection shall be automatically input into the OBMV
registration database field as part of a unique computer generated
certificate identification number.
a. The first set shall represent the month of the test as follows:
<TABLE>
<CAPTION>
Month Number in Set
----- -------------
<S> <C>
January 01
February 02
March 03
April 04
May 05
June 06
</TABLE>
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<PAGE>
<TABLE>
<S> <C>
July 07
August 08
September 09
October 10
November 11
December 12
</TABLE>
b. The second set shall be the day of the month of the
inspection. If the day is less than the tenth of the month, a
zero (0) shall be placed to the left and adjacent to the
number.
c. The last set shall contain all four (4) digits of the year of
the test. For example, if a test was conducted on January 1,
1995, the number appearing in the date field shall be
"01011995."
2. Inspection Start and Completion Time
These two (2) fields consist of four characters each. The
information represents the moment in time (based on twenty-four
(24) hours) in which testing is started and the time final emission
scores are determined (see 40 C.F.R. Part XX). The accuracy shall
not vary more than five (5) minutes from Eastern Standard Time even
if recorded manually. Adjustments to the twenty-four (24) hour
clock to daylight savings time shall be made in early spring and
late fall of each year. The two (2) sets of numbers in these
fields are as follows:
a. The first set shall be the hour of a twenty-four (24) hour
clock. The first digit shall be zero (0) if the hour of the
day is less than ten (10); and
b. The second set of digits shall be the minute in which the test
was completed. The first digit shall be a zero (0) if the
minute of the hour is less than ten (10).
3. Vehicle Identification and Owner Information
Vehicle and owner information shall be downloaded from an OBMV
database. Downloading of data shall take place upon keyed license
plate number entry. This does not preclude keying or correcting,
within the Contractor's database, all or part of the items listed
below for any vehicle presented for testing.
This segment consists of eight (8) fields of information, which
shall be downloaded from the vehicle registration database or keyed
in by the Contractor from the Application for Renewal of
Registration or other official documents. If a minor discrepancy
is found between the information on the
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<PAGE>
vehicle itself and the documentation accompanying the vehicle, the
information on the vehicle takes precedence. Discrepancies shall
be recorded in the error correction codes field. In cases other
than minor discrepancies, the Contractor shall have the right to
refuse to test vehicles that fail to match their legal
documentation.
a. The Vehicle Identification Number (VIN)
This field consists of seventeen (17) alphanumeric
characters. The entire vehicle identification number (VIN)
appearing on the current registration card, Application for
Renewal of Registration, Application for Title and Renewal,
bill of sale, or from the vehicle itself shall be placed in
this field. This field is the key to retrieving test results;
therefore, care shall be taken to ensure the accuracy of the
information. No letters "O" or "I" shall be keyed. The
vehicle itself shall be the primary source of information if a
discrepancy exists during the initial inspection between the
vehicle's legal documentation and the VIN on the vehicle.
Upon reinspection, the Vehicle Inspection Report (VIR) barcode
from the initial inspection shall be the primary source of
information.
The Contractor shall use VIN verification software to alert
motorists regarding incorrect registration information.
b. The License Plate Number
This field consists of seven (7) alphanumeric characters. The
entire license plate number shall appear in this field without
a space between any adjacent numbers and letters. The primary
source of information shall be vehicle's license plate number
recorded on the initial inspection and the license plate
number recorded on the VIR barcode upon reinspection.
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<PAGE>
c. Vehicle Make
This field consists of three (3) characters. The vehicle
make shall be placed in this field using vehicle make coding
provided by OEPA. The source of information for data entry
during the reinspection is the VIN or the VIR barcode.
d. Model Year
This field consists of two (2) numeric characters. The last
two digits of the vehicle model year shall be placed in this
field. For example, a 1976 model year vehicle shall require
that the number "76" be placed in this field. The primary
source of information shall be the OBMV database during the
inspection and the VIR barcode upon reinspection. The vehicle
owner's representation or the Contractor's judgment of the
model year shall only be used in the absence of documentation.
When a vehicle is reinspected, the accuracy of this field
shall be double-checked and corrected if found to be in error.
e. Number of Cylinders
This field consists of two (2) numeric characters. The VIN
shall serve as the primary source of information for this
field. If there is a problem identifying the number of
cylinders using the VIN the Contractor shall visually verify
the number of cylinders.
f. Fuel Code
This field consists of one (1) character. The fuel used by
the vehicle shall be determined from the vehicle operator and
the following code letters shall be used in the fuel code
field.
<TABLE>
<CAPTION>
Fuel Class Code
---------- ----
<S> <C>
Butane B
Natural Gas N
Other O
Propane P
Diesel D
Gasoline G
</TABLE>
In the event that the vehicle operates using more than one (1)
fuel, the code for the actual fuel used by the vehicle upon
presentation at the test station shall be placed in the fuel
code field. Gasoline is assumed to be used if no other
information is available. Anytime the fuel or
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<PAGE>
weight code entered is "B", "N", "IO", or "P", the software
for the OEPA offices shall be directed to go immediately to
the certificate code and automatically enter an "E", meaning
a certificate of permanent exemption is being issued. Note
that only the software created for the central office and
field office OEPA staff shall have the capability of
producing a certificate of permanent exemption for alternative
fuel codes.
g. Vehicle Net Weight:
The Vehicle Net Weight field shall be described in the
Technical Specifications Document described in Paragraph 3.B.
of the Change Order.
h. Registration Expiration Date
This field consists of eight (8) characters and shall be
formatted in the same manner as "Date of Inspection" in
Section B.1 (a-c) of this Exhibit and shall contain the
expiration date as determined from the registration renewal
card or current registration. This field shall allow testing
of a vehicle only if the inspection occurs within
three-hundred-sixty-five (365) days of the license renewal
date.
4. Inspection/Reinspection Indicator
This field consists of one (1) character.
a. If the inspection is an initial inspection, a "1" shall be
placed in this field.
b. If the inspection is a reinspection, number ">=2" shall be
placed in this field to represent the actual test count
for the current testing cycle.
5. Odometer Reading
This field consists of three (3) characters. The odometer reading
shall be truncated to the last thousand miles (e.g. a vehicle with
23,501 miles on the odometer should be entered as 23,000).
6. Date of Initial Inspection
This field consists of eight (8) characters. Each vehicle
reinspected shall have the date of the initial inspection keyed
into this field. The sequence shall be month, day and year, with
the same specifications as those given in Section B.1 (a-c) of
this Exhibit. This shall be printed on the certificate portion of
the Vehicle Inspection Report (VIR).
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<PAGE>
7. Inspector Identification Number
This field consists of five (5) characters. This number will be
treated as though it were a signature of the inspector conducting
the inspection. The Contractor's inspectors shall be held
accountable for entering accurate information about the vehicle
and ensuring that a valid test was given to the vehicle. The
Contractor shall assign each test inspector a non-duplicating
sequential identification number.
8. HC, CO, and NO Emission Data
This information consists of nine (9) fields. All gasoline
powered vehicles, with the exception of dedicated four-wheel drive
vehicles, shall be subject to the ASM 2525 transient mode for
steady state loaded mode test. Dedicated four-wheel drive
vehicles shall be subject to the fast idle portion of the Quick
Test. The results of the fast idle portion of the Quick Test
shall be entered in the loaded mode fields as listed below.
Required data fields are as follows:
a. The vehicle's HC exhaust emission in parts per million
(ppm) at the idle test condition. This field shall
contain five (5) characters;
b. The vehicle's CO exhaust emission in percentage by mol
volume at the idle test condition. This field shall
contain four (4) characters;
c. The vehicle's HC exhaust emission in ppm at the loaded
mode. This field shall contain five (5) characters;
d. The vehicle's CO exhaust emission in percentage by mol
volume at the loaded mode. This field shall contain four
(4) characters;
e. The C02 value for the idle test for ASM test (not a
pass/fail criteria);
f. The C02 value for the loaded mode test or ASM test (not a
pass/fail criteria);
g. The NO value pursuant to the U.S. EPA ASM document;
h. The HC value pursuant to the U.S. EPA ASM document; and
j. The CO value pursuant to the U.S. EPA ASM document.
9. Diesel Opacity Data
Diesel powered vehicles shall be tested for percent
opacity. This four character field shall contain the
value of the opacity test.
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<PAGE>
10. Tampering Inspection Results
a. This field shall consist of two (2) characters with
the following character designations:
(i) Catalytic converter inspection results; and
(ii) Gas cap presence inspection.
b. A "P" character shall be entered in each position for
which a test was performed and the result was a
"pass."
c. An "F" character shall be entered in each position
for which a test was performed and the result was a
"fail."
d. A "N" character shall be entered in each position for
which a code is inapplicable.
If a vehicle fails for any of the above emission equipment,
an "F" shall be entered.
11. Pass/Fail Codes
a. This field consists of seven (7) characters with the
following character designations:
(i) HC emission test results at the idle test
condition;
(ii) CO emission test results at the idle test
condition;
(iii) HC emission test results at the loaded mode
or fast idle of approximately 2500 rpm test
condition;
(iv) CO emission test results at the loaded mode
or fast idle of approximately 2500 rpm test
condition;
(v) Tampering test results;
(vi) Opacity test results (for diesel powered vehicles)
(see Exhibit H); and
(vii) HC, CO, and NO test results at ASM loaded mode
conditions.
b. A "P" character shall be entered in each position for
which a test was performed and the result was a
"pass."
47
<PAGE>
c. An "F" character shall be entered in each position
for which a test was performed and the result was a
"fail."
d. An "N" character shall be entered in each position
for which a code is not applicable.
12. Overall Pass/Fail Decision
This field consists of one (1) character. The value in
this field depends on a series of contingencies, which
vary as a function of vehicle class and model year. The
contingencies are as follows:
a. For gasoline powered vehicles subject to the
inspection requirements:
(i) A "P" shall be placed in this field if the
vehicle passes the idle test (both HC and CO),
the loaded mode test or the ASM test (both HC
and CO), the gas cap pressure test and the
tampering test.
(ii) An "F" shall be placed in this field if the
vehicle fails the idle test, the loaded
mode test or ASM test, the gas cap pressure test
or the tampering test.
b. For diesel powered vehicles subject to the inspection
requirements:
(i) A "P" shall be placed in this field if the
vehicle passes the opacity test.
(ii) An "F" shall be placed in this field if the
vehicle fails the opacity test.
13. Certificate Status Code
This field consists of one (1) character and shall
contain a status code indicating the type of certificate
issued as a result of the inspection.
"C"-means Certificate of Compliance
"N"-means Certificate of Noncompliance
"E"-means Certificate of Permanent Exemption
"W"-means Certificate of Waiver
48
<PAGE>
"H"-means Certificate of Hardship Extension
"X"-means Certificate of Extension
"B"-means Certificate of Extension Compliance
Only the station manager, assistant manager, and OEPA
auditors shall have security access to issue a
certificate of waiver.
The certificate identification number shall be
automatically entered into the OBMV database field (see
paragraph B.16 of this Section) if the status code
field contains "C", "E" or "W".
a. If the value in the overall pass/fail decision field
for initial inspections or reinspection is a "P",
then a "C" shall be entered in this field and
"COMPLIANCE" shall be printed on the certificate
portion of VIR. If the value in the overall
pass/fail decision field is an "F", then a "N" shall
be entered in this field and "NON-COMPLIANCE" shall
be printed continuously on half of the certificate
portion of the VIR, and the CAA 207(B) warranty
message printed on the other half. If the value "E"
is entered in this field, then "PERM EXEMPT" shall be
printed on the certificate portion of the VIR. If
the value "W" is entered in this field, then "WAIVER"
shall be printed on the certificate portion of the
VIR. If the value "X" is entered into this field,
then "EXTENSION" shall be printed on the certificate
portion of the VIR. If the value "H" is entered in
this field, then "HARDSHIP EXTENSION" shall be
printed on the certificate portion of the VIR.
b. Anytime the fuel or weight code entered is "B," "N,"
"O," or "P", the software for the OEPA offices should
automatically enter an "E" in the character field and
"PERM EXEMPT" shall be printed on the certificate
portion of the VIR.
14. Certificate Expiration Date
This field shall consist of eight (8) characters. The
field should be formatted pursuant to Subsection B.1 of
this Exhibit. The certificate expiration date shall be
the date three hundred sixty-five (365) days after an
initial inspection.
15. Other Data Fields
The Contractor shall collect other information, which
would aid in program operation when requested by OEPA.
Costs of said request
49
<PAGE>
to be born by the OEPA.
16. Certificate Identification Number
This field shall consist of a combination of other data
fields, which are described in this Section. An algorithm,
similar to those employed to create check redundancy codes
(CRC), has been developed by the OBMV and shall be used by
the Contractor in each of the three Zones to produce the
Certificate Identification Number. The OBMV shall use the
algorithm to verify that a valid compliance certificate is
entered in its database prior to the issuance of a
registration renewal.
NOTE: If the "Certificate Status Code" indicates "N"
for noncompliance, no certificate identification number
shall be written into the OBMV data file field.
17. BARCODE Information
The following information shall be transposed into BARCODE
language to be printed onto the VIR of failed vehicles only;
a. VIN;
b. License Plate Number;
c. Vehicle Year;
d. Vehicle Make;
e. HC and CO idle and loaded mode and ASM mode initial
inspection results (ppm and %);
f. Tampering inspection results; and
g. Diesel inspection results (for diesel powered vehicles);
C. Vehicle Inspection Reports
If the vehicle is to be retested, the Vehicle Inspection Report
(VIR) from the initial inspection shall be returned to the
centralized inspection station by the motorist. The back of the
VIR shall be completed by the person repairing the vehicle. The
Contractor shall create a database, enter repair information into
the database and provide reports of repair information which
conform to the performance monitoring requirements in 40 CFR
51.369. Reports summarizing repair performance information shall
be made available to motorists who fail the initial inspection.
50
<PAGE>
D. Inspection Data Analysis and Reports
The Contractor shall submit reports listed below as well as any
additional reports required for ASM testing pursuant to U.S. EPA
ASM document and the Quick Test and/or any reports developed and
required pursuant to the documents listed in paragraph 3.D.1 of
the Change Order.
The Contractor shall provide emission test data analyses and
furnish to OEPA the summary reports listed below on a weekly,
monthly, quarterly and yearly basis on the same frequency as
currently exists, or as mutually agreed by the Parties. The
Contractor shall also maintain software that allows OEPA staff
to generate the following quality assurance and enforcement
reports:
1. Required reports and notices as developed with and
approved by OEPA, are as follows (provided that existing
reports will only be changed to the extent necessary to
reflect the ASM 2525 test procedure):
a. Wait time Report;
b. Daily Billing Report;
c. Daily Fee Report;
d. Daily Throughput Report;
e. Daily Wait Time Report;
f. Daily Wait Time Breakdown Report;
g. Fee Summary Report;
h. Idle Emission Summary Report;
i. Lane Status Report;
j. Pressure Test Summary Report;
k. Repair Facility Report;
l. Station Status Report;
m. Throughput Summary Report;
n. PR Test by Zone and Station Number;
o. Emission Fail Rate by Model Year Report;
51
<PAGE>
p. Control Chart Report;
q. ASM Emission Summary Report;
r. Network Summary Report;
In the future OEPA shall have the right, upon thirty (30) day
notice to the Contractor, or upon such other schedule as mutually
agreeable by the Parties, to require the Contractor to provide the
following reports:
s. Consumer Complaints and Damage Claims Report;
t. Listing of Significant problems encountered during the month
(for example fire and accidents);
u. Summary of Lane and Equipment Downtime Report;
v. Loss of any Test Data; and
w. Any Changes made in Basic Operational or Test Procedures that
affects the motorist.
2. Additional Reports
OEPA may request that the Contractor provide reports other than the
reports enumerated above and the Contractor shall offer such
reports as a cost which shall include time, materials and overhead.
3. Report Deadlines
a. Weekly reports are due no later than the third Business Day of
the following week of the reporting period.
b. Monthly reports are due no later than the fifteenth Business
Day of the following month of the reporting period.
c. Quarterly reports are due no later than the fifteenth Business
Day of the month following the quarter reporting period.
d. Semiannual reports are due no later than the fifteenth
Business Day of the month following the prior six-month
reporting period.
e. Annual reports are due no later than thirty Business Days
following the anniversary date of the program start date.
4. Reporting of Inspection Results/Documentation
52
<PAGE>
The Contractor shall be responsible for ensuring that all relevant
data are entered into the Contractor's database and that the
appropriate data are transmitted to the State (OBMV and/or OEPA).
The Contractor shall be responsible for providing a printed copy of
an inspection report to each motorist. The Contractor shall also
retain a duplicate electronic copy of the entire test data for two
and one half years.
The Contractor shall give operators of vehicles both passing and
failing the inspection an inspection report. the inspection report
shall be designed by the Contractor and approved by OEPA. The
Contractor shall design and print the forms which shall contain, at
a minimum, the information listed below;
a. Date and time of test;
b. Test number (initial, first retest, second retest, etc...);
c. Test lane ID number/inspector's ID numbers;
d. Vehicle plate number;
e. VIN;
f. Vehicle make and model year;
g. Odometer reading (to the nearest thousand);
h. Tampering inspection results;
i. Emissions inspection results and pass/fail determination;
j. Emission standards applicable to the vehicle;
k. Inspection cost;
l. Three lines reserved for slogans, clean air or safety message
which may be changed;
m. Type of emissions and/or tampering failure;
n. Warranty information, if appropriate;
o. Warning that there will be no registration renewal until the
vehicle has passed or is waived; and
53
<PAGE>
p. Waiver information
The report shall indicate that the vehicle shall be returned to an
inspection station (following repair) for reinspection. Space on
the form shall be provided for emission repair documentation as
required by the State.
All motorists shall be given a brief explanation of results
(pass/fail) and instructions explaining the next step required in
the inspection process. The inspection report is to be provided by
the Contractor. The document must contain security features to
discourage counterfeiting.
5. The Contractor shall agree to provide OEPA with the appropriate access
to their database to allow for the generation of reports, sorted
chronologically by test date, for the following items:
a. License tag number;
b. Inspector identification number;
c. Inspection lane number; and
d. Facility number.
E. Recall
The Contractor shall implement any necessary changes to comply with
vehicle recall requirements as mandated by U.S. EPA when the U.S. EPA
central database is established and available.
54
<PAGE>
EXHIBIT E
ASM 2525 AND QUICK TEST PROGRAM DOCUMENTATION AND
REPORTING REQUIREMENTS
A. Data and Documentation Expectations
To assure that the Contractor designs and implements an emission
inspection program on schedule, the Contractor shall be required to
submit design and implementation data during various stages of the
Change Order.
B. Documentation of System Changes
System changes subsequent to completion of the network shall be
documented in a manner similar to that used for the original design
of the network. Reasons for changes and the effective dates of
changes shall be documented. All copies of documentation previously
delivered to the OEPA representative shall be updated. All changes
to the software that effects the test process shall have prior
approval of OEPA before Contractor implementation.
C. Off-Site Data Repository
The Contractor shall maintain an off-site data repository for all
software and data for the life of the Zone 4, Zone 1, and Zone 2
Contracts.
55
<PAGE>
EXHIBIT F
ASM 2525 AND QUICK TEST COMPUTER SPECIFICATIONS
A. Host Computer
1. Contractor shall use existing host hardware as well as any
additional hardware necessary to conduct ASM 2525.
B. System Security
A multi-level access code and security system shall allow normal
testing by the Contractor's staff, control by the station manager, and
access for the Contractor's Program Manager and OEPA to implement
changes.
The security system shall consist of addressable entry computers having
levels of access to databases and assigned access codes for individual
authorized users.
The levels of access shall allow certain inquiries, additions,
deletions, changes and inputs to computers from specific locations as
follows:
Station Computers - Entry of test and quality assurance
data with no changes permitted. Changes to test records
not permitted.
Office Computers - Changes to the structure of
Contractor's database permitted. Changes to test records
and the databases are not permitted.
OEPA Computers - Read-Only access to Contractor's
database permitted. Changes to test records and the
databases are not permitted.
The Contractor's security system shall not allow changes to information
in the registration database.
The Contractor's security system shall account for all license plate
inquiries and entries conducted by its employees, for which no
corresponding vehicle inspections were performed. The Contractor's
employees shall not, through act or omission, release any OBMV
registration information for any purposes other than valid vehicle
inspections. The Contractor shall terminate the employment of anyone
found to have released such information outside scope of the normal
vehicle emission inspection process.
The Contractor shall describe the physical security of the host system
and any connected terminals or computers. The description shall
include the location of
56
<PAGE>
the item, applicable security access, and security method (e.g. locked
room, keyboard lock, etc.).
The Host system (2) DEC Alpha 2100 and related peripherals shall
reside in a centrally located room within the Contractor's headquarters
with a separately maintained climate controlled environment. Access to
this room shall only be available through an outer office. After hours
monitoring shall be maintained by a security system, which includes:
motion sensors and a live twenty-four (24) hour monitoring system that
shall alert the proper authorities in the event of an attempted
break-in.
C. Contractor shall use the following system computers or equivalents in the
test lanes:
<TABLE>
<CAPTION>
- ----------------------------------
POSITION #1 PC/ /
- ----------------------------------
<S> <C>
- ----------------------------------
HARDWARE
- ----------------------------------
1 DECpc 433sx LPx
(486sx 33 MHz)
- ----------------------------------
2 8 MB (2x4MB SIMMs)
- ----------------------------------
3 Add-on Memory
(4MB SIMM)
- ----------------------------------
4 340 MB Hard Drive
- ----------------------------------
5 3.5" 1.44 MB Floppy Drive
- ----------------------------------
6 Etherworks 3, Turbo
Network Interface Card
- ----------------------------------
7 Video Card
- ----------------------------------
- ----------------------------------
SOFTWARE
- ----------------------------------
1 MS-DOS, Version 6.21
- ----------------------------------
2 Microsoft Windows, Version
- ----------------------------------
3 Microsoft Windows for
Workgroups, Version 3.11
- ----------------------------------
4 DEC PathWORKs, Version
5.1
- ----------------------------------
5 Visual Basic Run Time,
Version 3.0 Professional
- ----------------------------------
6 Application
- ----------------------------------
</TABLE>
57
<PAGE>
<TABLE>
<CAPTION>
- ----------------------------------
POSITION #2 - PC/ /
- ----------------------------------
<S> <C>
- ----------------------------------
HARDWARE
- ----------------------------------
1 DECpc 466d2 LPx
(48666 MHz)
- ----------------------------------
2 4 MB (4MB SIMMs)
- ----------------------------------
3 Add-on Memory
(8MB 2x4MB SIMMs)
- ----------------------------------
4 128 KB Cache
- ----------------------------------
5 170 MB Hard Drive
- ----------------------------------
6 3.5" 1.44 MB Floppy Drive
- ----------------------------------
7 Etherworks 3, Turbo
Network Interface Card
- ----------------------------------
8 Video Card
- ----------------------------------
9 ADAC 504OMF,
Multifunction Data Acquis.
Board
- ----------------------------------
10 RPM Board (NON Contact)
- ----------------------------------
11 Jameco Add-on I/O Board
- ----------------------------------
12 Jameco Slave Serial
Connector
- ----------------------------------
- ----------------------------------
- ----------------------------------
SOFTWARE
- ----------------------------------
1 MS-DOS, Version 6.21
- ----------------------------------
2 Microsoft Windows,
Version 3.1
- ----------------------------------
3 Microsoft Windows for
Workgroups, Version 3.11
- ----------------------------------
4 DEC PathWORKs, Version 5.1
- ----------------------------------
5 Visual Basic Run Time,
Version 3.0 Professional
- ----------------------------------
6 Application
- ----------------------------------
</TABLE>
<TABLE>
<CAPTION>
- ----------------------------------
POSITION #3 - PC/ /
- ----------------------------------
<S> <C>
- ----------------------------------
HARDWARE
- ----------------------------------
1 DECpc 433sx LPx
(486sx 33 MHz)
- ----------------------------------
2 4 MB (4MB SIMM)
- ----------------------------------
3 Add-on Memory
(8MB 2x4MB SIMMs)
- ----------------------------------
4 170 MB Hard Drive
- ----------------------------------
58
<PAGE>
<CAPTION>
<S> <C>
- ----------------------------------
5 3.5" 1.44 MB Floppy Drive
- ----------------------------------
6 Etherworks 3, Turbo
Network Interface Card
- ----------------------------------
7 Video Card
- ----------------------------------
8 ADAC 504OMF, Multifunction
Data Acquis. Board
- ----------------------------------
9 Jameco Add-on I/O Board
- ----------------------------------
- ----------------------------------
SOFTWARE
- ----------------------------------
1 MS-DOS, Version 6.21
- ----------------------------------
2 Microsoft Windows, Version
3.1
- ----------------------------------
3 Microsoft Windows for
Workgroups, Version 3.11
- ----------------------------------
4 DEC PathWORKs, Version
5.1
- ----------------------------------
5 Visual Basic Run Time,
Version 3.0 Professional
- ----------------------------------
6 Application
- ----------------------------------
7 Diagnostic DB
- ----------------------------------
</TABLE>
<TABLE>
<CAPTION>
- ----------------------------------
WAIVER PC/ /
- ----------------------------------
- ----------------------------------
Note: All PC card slots are
referenced from the rear of
the PC, from right to left
- ----------------------------------
HARDWARE
<S> <C>
- ----------------------------------
1 DECpc 466d2 LPx
(486 66 MHz)
- ----------------------------------
2 8 MB (2x4MB SIMMs)
- ----------------------------------
3 Add-on Memory
(4MB SIMM)
- ----------------------------------
4 340 MB Hard Drive
- ----------------------------------
5 3.5" 1.44 MB Floppy Drive
- ----------------------------------
6 Etherworks 3, Turbo Network
Interface Card
- ----------------------------------
7 Video Card
- ----------------------------------
8 SCSI Interface Card
- ----------------------------------
9 1 GB SCSI hard disk drive
- ----------------------------------
10 CD-ROM Drive
- ----------------------------------
- ----------------------------------
SOFTWARE
- ----------------------------------
1 MS-DOS, Version 6.21
- ----------------------------------
2 Microsoft Windows, Version
3.1
- ----------------------------------
59
<PAGE>
<CAPTION>
<S> <C>
- ----------------------------------
3 Microsoft Windows for
Workgroups, Version 3.11
- ----------------------------------
</TABLE>
The aforementioned computers shall be stand-alone units (not terminals)
capable of performing the lane testing functions even if the link to
the host computer is severed for any reason. The lane computers,
hardware and software shall utilize up-to-date technology and shall be
capable of expansion. The software shall have the flexibility to
accommodate increases in the number of parameters and/or changes in
test procedures. The lane computers shall meet, at a minimum, the
following specifications:
-80486SX processor
-33 MHz clock speed
-4 MB RAM (expandable to 16 MB)
-80 MB hard disk
-1.44 MB 3.5" floppy disk drive
-Serial and parallel ports
-VGA color monitor with 14" diagonal screen size
-101 key full function keyboard
-High speed (240 cps) 24 pin dot matrix printer
-MS DOS 6.0 (or latest version) operating system
-Integrated bar code reader
The Contractor shall list the features of the lane computers used in
the inspection network.
The Contractor shall provide computer software changes as requested by
the OEPA that in OEPA's determination are necessary for compliance with
the Contract Documents. OEPA shall endeavor to keep software changes
at a minimum and provide the Contractor with ample time to implement
such changes.
The lane computer shall provide the functions of real time control of
testing, processing, storing, and printing of acquired data at the
inspection position.
The lane computer shall perform the following functions:
1. Accept vehicle identification data;
2. Accept manually entered vehicle data;
3. Calculate and correlate vehicle data and select failure limits;
4. Control and monitor dynamometer loading;
5. Control sample gas flow;
60
<PAGE>
6. Control gas analyzer span and zero check gases;
7. Control test sequence via test display;
8. Accept test control inputs from operator;
9. Accept measured values from gas analyzers, opacity analyzers,
evaporative pressure check equipment and dynamometer;
10. Adjust measured values to correct for analyzer drift;
11. Linearize, scale, curve fit and compare measured values to limits
separately for each individual infrared cell;
12. Output test data for report printout; and
13. Output test data to bulk storage devices.
D. OEPA Computers
OEPA central office computer shall access the databases in each zone's
host computer (including the host computer for Cuyahoga County tailpipe
emissions program) and generate the reports described in Exhibit D.
Contractor shall provide a personal computer, laser printer and modem
to the OEPA field office in its zone or, if access to the Novell
network is achieved, the modems and phone line connections shall
connect to the Division of Air Pollution Control's LAN.
The Contractor shall be capable to transmit to the OEPA's central office
computer (via modem) the data available to the office terminals as well
as to access real-time query reports. The query reports shall provide
information regarding number of inspections performed in a given period
of time (month, year-to-date, etc.), and failure rate for a given
period of time. The field offices in each zone shall also have access
(via modem) to this information from the Contractor. The Contractor
shall provide a listing of real-time reports that can be generated or
accessed by the OEPA computer.
The OEPA computer shall also be capable of accessing OBMV data.
The minimum specifications for the central office computers are as
follows:
1. 32-bit 80486DX micro-processor with overdrive socket;
2. minimum 32Mhz clock speed;
61
<PAGE>
3. 64 KB hardware cache;
4. Minimum 8MB RAM;
5. Internal 35" 1.44 MB floppy disk drive and controller;
6. Internal 100 MB (minimum) IDE hard drive and controller;
7. One parallel port;
8. Two serial ports;
9. MS DOS 6.0 latest version;
10. Minimum three available expansion slots;
11. Real time clock/calendar with battery backup;
12. 101 (or greater) detachable extended keyboard;
13. VGA color monitor with 14" diagonal screen size with tilt swivel
base;
14. Microsoft mouse or compatible;
15. Built-in mouse interface or third serial port;
16. 200 Watt (minimum) power supply;
17. Super VGA 16-bit power graphics card with 1-MB (minimum) RAM;
18. Uninterruptable power supply (UPS);
19. Hewlett-Packard Laserjet 5L with 600 dpi resolution or equivalent;
and
20. 9600 baud modem (v.32 bis)
E. Documentation
Computer specification documentation shall be updated after each change
to the system in the Compatibility Specifications.
62
<PAGE>
EXHIBIT G
OHIO ASM NETWORK
<TABLE>
<CAPTION>
Northern Ohio
Station No. Station Name No. of Lanes
<S> <C> <C>
1 Westlake 4
2 Berea 3
3 North Royalton 4
4 Cleveland West 5
5 Cleveland Central 4
6 Valleyview 4
7 Cleveland East 3
8 Warrensville Heights 5
10 Euclid 4
11 Willoughby 3
12 Painesville 3
13 Chardon 2
14 Auburn 2
15 Rootstown 3
16 Kent 3
17 Twinsburg 3
18 Cuyahoga Falls 3
19 Akron South 6
20 Akron West 5
21 Medina 3
22 Spencer 2
23 Amherst 3
24 Elyria 3
Subtotal 79
Dayton
31 Springfield 3
32 Enon 3
33 Xenia 2
34 Beavercreek 4
35 Moraine 5
36 Harrison 5
37 Dayton 4
38 Madison 2
Subtotal 28
TOTAL 107
</TABLE>
63
<PAGE>
EXHIBIT H
OEPA CHANGE ORDER COST
<TABLE>
<S> <C> <C>
- ------------------------------------------------------------------------------------
1. Removal and Installation of Equipment 530
Decompression of CVS:
Installation of BAR 97
Includes: Management, Labor, vehicle and equipment rental
- ------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------
2. Sample System
Network (107 lanes) 669
Spares (20) 113
- ------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------
3. Dynamometer Modifications 128
Cooling Blowers, Air Ducts, Cables, Relays
Labor and spares
- ------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------
4. Position 2 Modifications
ADAC unit, relocate dyne computer, fabricate cables 107
- ------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------
5. Facility Modifications
Ventilation, booth mods., guard rails, electrical mods., data entry 1,556.5
- approximately $52K per facility
- ------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------
6. Training for Station staff and technicians 150
- ------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------
7. Engineering 786
H/W Engineer; Test Sequence; Host Modifications;
Horiba driver; transactions, QA; Underhood; ATP
Documentation; Travel; Operating Supplies; Project Management
- ------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------
8. Public Information Start-Up Activities 150
- ------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------
Total 4,189.5
- ------------------------------------------------------------------------------------
</TABLE>
64
<PAGE>
By signing below, the parties affirm that they have read this Change
Order and agree to be bound by all terms conditions and provisions therein.
WITNESSES: ENVIROTEST SYSTEMS CORP.
/s/ [ILLEGIBLE] BY: /s/ F. Robert Miller
- --------------------------------- ---------------------------------
F. Robert Miller, President & CEO
/s/ [ILLEGIBLE] DATE: May 6, 1998
- --------------------------------- ---------------------------------
OHIO ENVIRONMENTAL
PROTECTION AGENCY
/s/ [ILLEGIBLE] BY: /s/ Donald R. Schregardus
- --------------------------------- ---------------------------------
Donald R. Schregardus, Director
/s/ [ILLEGIBLE] DATE: May 18, 1998
- --------------------------------- ---------------------------------
BETTY D. MONTGOMERY
ATTORNEY GENERAL OF OHIO
/s/ [ILLEGIBLE] BY: /s/ Christopher Jones
- --------------------------------- ---------------------------------
Christopher Jones, Esq.
Chief, Environmental
Enforcement Section
/s/ [ILLEGIBLE] DATE: May 18, 1998
- --------------------------------- ---------------------------------
<PAGE>
[LETTERHEAD]
May 5, 1998
Christopher Jones, Chief
Environmental Enforcement Section
Attorney General's Office
State Office Tower
30 East Broad Street
Columbus, OH 43215-3428
Re: Agreement Regarding Penalty Provisions of Envirotest - OEPA Contract
Dear Chris:
This letter contains Envirotest Systems Corp. and the State of Ohio's
understanding regarding future negotiations between the parties.
The parties agree to engage in good faith negotiations regarding
modifications to Section 13 of the Contract. The negotiations will commence
by September, 1998, and will address (i) possible revision of the wait time
penalties considering the wait time penalties customarily contained in
vehicle emissions testing contracts, (ii) clarification of the inadequate
staffing penalty to provide sufficient standards for an objective
determination of compliance, and (iii) such other revisions and
clarifications as either party may propose.
Sincerely yours,
/s/ Thomas M. Skove
Thomas M. Skove
TMS:cls
AGREED AND ACCEPTED:
/s/ Christopher Jones
- -----------------------------
Christopher Jones
<PAGE>
[LETTERHEAD]
May 4, 1998
Christopher Jones, Chief
Environmental Enforcement Section
Attorney General's Office
State Office Tower
30 East Broad Street
Columbus, OH 43215-3428
Re: Amendment to Ohio Rev. Code Section 3704.14
Dear Chris:
This letter contains Envirotest Systems Corp. and the State of Ohio's
understanding regarding future actions which the State will undertake.
The parties have agreed upon language to conform Ohio Rev. Code
Section 3704.14 to the current contract provisions relating to the motorists'
payments for emissions tests. Pursuant to the agreed upon language,
motorists would pay the test fee at the initial test, whether or not the
vehicle passed the test. Ohio EPA has agreed that it will attempt to
insert this legislative language in the budget corrections bill that the
administration is working to have introduced in May in the General Assembly.
If that effort is unsuccessful, Ohio EPA will attempt to recommend the
language in its FY 2000-2001 agency budget or at the first reasonable
legislative opportunity.
Sincerely yours,
/s/ Thomas M. Skove
Thomas M. Skove
TMS:cls
The above is Acknowledged and Agreed to:
/s/ Christopher Jones
- -----------------------------
Christopher Jones
<PAGE>
[LETTERHEAD]
April 29, 1998
Christopher Jones, Chief
Environmental Enforcement Section
Attorney General's Office
State Office Tower
30 East Broad Street
Columbus, OH 43215-3428
Re: Sublease of Envirotest Dayton office to OEPA
Dear Chris:
The attached summary contains the terms under which Envirotest will
sublease a portion of its Dayton office to OEPA.
Sincerely yours,
/s/ Thomas M. Skove
Thomas M. Skove
TMS:cls
The above is Acknowledged and Agreed to:
/s/ Christopher Jones
- -----------------------------
Christopher Jones
<PAGE>
OEPA RENTAL PROPOSAL FOR DAYTON OFFICE
<TABLE>
<CAPTION>
Monthly
Cost
-------
<S> <C> <C>
1. Rent $ 850
850 sq. ft. billed @ $12/sq. ft. annually
2. Utilities
- Gas (Billed @ 20% of HQ total monthly expense) 200*
- Electricity (Billed @ 20% of HQ total monthly expense) 45*
- Water (Billed @ 20% of HQ total monthly expense) 19*
3. Communications 370*
- Billed @ 20% of HQ total monthly expense
4. Miscellaneous
- Security (Billed @ 20% of HQ total monthly expense) 13
- Trash (Billed @ 20% of HQ total monthly expense) 13
- Janitorial (Billed @ 20% of HQ total monthly expense) 73
- Snow removal (only billed when actual expenses occur) 7
------
TOTAL $1,590
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------
</TABLE>
* AVERAGE MONTHLY COSTS
<PAGE>
ADDITIONAL TERMS AND CONDITIONS
OF
AMENDMENT TO CONTRACT BETWEEN THE STATE OF CONNECTICUT AND
ENVIROTEST SYSTEMS CORP. FOR THE ESTABLISHMENT AND OPERATION OF
MOTOR VEHICLE INSPECTION PROGRAM FACILITIES FOR THE STATE OF
CONNECTICUT, DATED APRIL 14, 1994
1. All words and phrases in this amendment which are capitalized shall have
the meanings stated in Exhibit B of the Contract. As used herein, "Contract"
means the Contract as amended by this amendment.
All references in the Contract to "I/M 240" and "I/M 240 testing",
beginning with the definition in Exhibit B, page 2 of the Contract, shall be
deemed to refer to an alternative enhanced emissions test procedure which the
State desires and the Contractor shall undertake to perform on all vehicles
for the remainder of the term of the Contract, unless a vehicle is exempted
by the Connecticut General Statutes or the DMV Regulations. The said
alternative procedure specified by the State, which is intended to produce
substantially similar or equivalent results in the identification of vehicles
subject to repair requirements, is known as the "ASM 25/25 test."
The description of the ASM 25/25 test procedures is attached as Exhibit A.
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Changes to such test procedures not having a significant impact upon the cost
of performance may be made by agreement of the parties at any time, or from
time to time, in accordance with the provisions of Section 15.0A, Exhibit E
of the Contract.
The parties intend to work out the technical specifications of the ASM
test after the execution of this amendment. The Contractor has provided such
ASM technical specifications to the State for review and approval. The State
shall provide written approval of the ASM technical specifications, which
shall include any modification the parties reasonably agree to, within ten
(10) days of the effective date of this amendment. The technical
specifications agreed upon will be signed by both parties and become part of
the Contract. Changes to the technical specifications not having a
significant impact upon the cost of performance may be made by agreement of
the parties at any time, or from time to time, in accordance with the
provisions of Section 15.0A, Exhibit E of the Contract.
All provisions of the Technical Specifications to the Contract that
refer to the I/M 240 test or imply or assume the performance of any elements
of the I/M 240 test procedure are deemed to be amended to refer to the ASM
25/25 test. The Technical Specifications shall remain in full force and
effect unless they are inconsistent with, or not required for, the
performance of the ASM 25/25 test or are expressly modified by the terms and
conditions of this amendment.
Exhibit B Definitions of the Contract is amended to add the following:
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"ASM 25/25--This is the single mode ASM2525 test procedure as specified in
section 85.2(d)(2) of the EPA Acceleration Simulation Mode Test Procedure,
Emission Standards, Quality Control Requirements, and Equipment
Specifications - Technical Guidance (EPA-AA-RSPD-IM-96-2) July 1996. This
document and a technical specifications document to be agreed to by the
Contractor and the State will also serve as the primary guide for all other
ASM specifications, with specific exceptions to references to other ASM modes
that are not applicable to the ASM2525."
2. In Exhibit C, page 1, paragraph numbered 1, the third sentence of the
Contract is deleted in its entirety and the following is substituted:
"All existing Lanes shall have the capability for ASM 25/25 testing on
January 1, 1998."
3. In Exhibit C, page 2, paragraph numbered 2, of the Contract is deleted in
its entirety and the following is substituted.
"The Contractor shall perform the ASM 25/25 test on all vehicles that are
not otherwise exempt in accordance with the Connecticut General Statutes or
the DMV Regulations. Such test shall be performed annually on all such
vehicles that are model years 1980 and earlier and biennially for all other
model years."
4. In Exhibit C, page 2, paragraph numbered 3, of the Contract is deleted in
its entirety.
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<PAGE>
5. In Exhibit C, page 2, paragraph numbered 8, of the Contract is deleted in
its entirety, and the following is substituted.
"The State may conduct a program, for the registered owners of fleets of
vehicles, known as the Fleet Inspection Program, whereby such vehicles are
inspected for emissions compliance at the location where such vehicles are
garaged by their owners, subject to State standards and supervision, and are
thereby relieved of the requirement to undergo inspection by the Contractor
at an official inspection station. However, the number of vehicles removed
by the State from testing by Contractor for fleet testing shall not exceed
fourteen thousand (14,000) for any consecutive two-year period as measured
from the effective date of this amendment. The number removed for the
remaining term of the Contract shall, if less than two years, be prorated
accordingly. Contractor shall make no claim and the State shall have no
liability to Contractor in connection with any fleet inspections removed
by the State (a) before the effective date of this amendment, and (b) after
the effective date of this amendment except to the extent that the number
of vehicles removed by the State for fleet testing exceeds fourteen thousand
(14,000) for any consecutive two-year period in which event the Contractor
is entitled to be compensated for the number in excess of fourteen thousand
(14,000) (or a prorated amount if the remaining term of the Contract is less
than two years), such payment to be made
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at the end of such two-year period within sixty (60) days of Contractor
submitting to the State an invoice for such payment. The compensation
shall be the average test fee during such period multiplied by such excess
number."
6. In Exhibit C, page 4, of the Contract delete the table regarding the
description of the network sites and facilities and substitute the table
shown in the attached Exhibit B to this amendment.
7. In Exhibit C, page 5, of the Contract delete the first two sentences on
the page, concerning a Bridgeport site.
8. In Exhibit C, page 5, paragraph 3.0, of the Contract delete the fourth
sentence, in its entirety, concerning a pressure and purge test.
9. In Exhibit C, Table 3.0, following page 5, of the Contract delete the
entire content of the table and substitute the table herein entitled
"Matrix" (following this page). All references in the Technical
Specifications to On Board Diagnostics shall be changed to On Board
Diagnostics II and shall only apply to model years beginning in 1996. All
additional changes that are appropriate to conform the Technical
Specifications to On Board Diagnostics II shall be deemed made.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
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10. In Exhibit C, section 5.3, of the Contract add the following at the end
of the section:
"The Contractor also shall be subject to an ATP including the foregoing
elements after the effective date of this amendment modifying the
enhanced test procedure. The ATP shall include a demonstration of
functional capability under actual or simulated field conditions to be
specified in more detail on or before October 24, 1997 by the State and
made known to Contractor in advance of the start of the ATP. The State
will consult with the Contractor concerning the content of the ATP and
the State shall only require such procedures that shall be reasonably
necessary to assure the functional capability and installation of the
ASM25/25 test. The State shall inform the Contractor as to the schedule
and locations for acceptance testing, which schedule and locations shall
be subject to approval by the Contractor, which approval shall not be
unreasonably denied or delayed, and the identity of the officials and/or
employees responsible to conduct the procedure and/or render all
necessary decisions. Decisions regarding acceptance shall be made at
the time or times of administration of testing by such identified
officials and/or employees.
11. In Exhibit C, section 8.0, of the Contract the schedule of expenditures
for public education on the top of page 17 is deleted and the following
schedule is substituted in
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lieu thereof:
<TABLE>
<S> <C>
"April 1, 1994 - March 31, 1995 $744,124.45 Expended
April 1, 1995 - March 31, 1996 $426,065.46 Expended
April 1, 1996 - March 31, 1997 $122,796.46 Expended
April 1, 1997 - September 30, 1997 $ 70,000.00 Expended (Sept. projected)
October 1, 1997 - September 30, 1998 $700,000.00
October 1, 1998 - September 30, 1999 $575,000.00
October 1, 1999 - September 30, 2000 $162,900.00
October 1, 2000 - September 30, 2001 $130,000.00
October 1, 2001 - June 30, 2002 $ 69,113.63
-----------
Total Commitment $3,000,000.00"
</TABLE>
On page 18, after the phrase "another portion of the program", insert:
"including, but not limited to, safety inspections of motor vehicles".
On page 18 after the last paragraph, insert the following paragraph:
"The amounts set forth above represent the total expenditure commitment
by Contractor for public information and education, including any amounts
carried over from any contracts between the State and Contractor prior to
this Contract."
12. In Exhibit D, page 2, section 2.0, of the Contract delete the words "A.
Using the Intrusive Test:" and delete subparagraphs "B." and "C." in their
entirety, concerning pressure and purge testing. After the fee schedule
on the said page 2, insert the following:
"Notwithstanding the foregoing fee schedule, on the commencement of
ASM25/25 enhanced testing, the fee per test payable by the State to the
Contractor under the Contract shall be as follows:
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<PAGE>
<TABLE>
<CAPTION>
CALENDAR YEAR (OR PART THEREOF) TEST FEE
------------------------------- --------
<S> <C>
1998 $18.50
1999 $18.88
2000 $19.20
2001 $19.52
2002 $19.84
</TABLE>
If the "gas cap" test, as hereinafter described in this amendment, and
specified in the attached Exhibit C, is accepted by the State, the State
shall pay Contractor an additional amount of thirty-five cents ($.35) per
each such test completed, which Contractor shall pay to Environmental
Systems Products, Inc. ("ESP") in accordance with section 10.0 of
Exhibit C of the Contract as set forth in paragraph 21 of this amendment
and in accordance with the contract between Contractor and ESP."
13. In Exhibit D, page 5, section 2.2, of the Contract add the following to
the end:
"The parties assume (but the State does not guarantee) there are a
minimum of 1,130,000 paid tests to be performed each year of the Contract
commencing January 1, 1998. Notwithstanding the previous sentence, if,
and only if, the State exempts any vehicles from testing by legislation,
administrative action or otherwise enacted at any time after the effective
date of this amendment, and if any such action causes (a) the volume to be
less than 1,130,000 for such year
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or (b) a volume that is below 1,130,000 for such year to be reduced
even further, then the Contractor is entitled to an equitable payment to
compensate it for the reduction in such tests due to such State action.
Any such equitable payment shall be made on an annual basis within
sixty (60) days of Contractor submitting to the State an invoice for such
payment. The volume of paid tests shall be prorated for any period that
is less than one year."
14. In Exhibit E, page 11, section 9.0, of the Contract delete the sixth
paragraph in its entirety, concerning emissions stickers and registration
denial, and substitute the following in lieu thereof:
"The State will use its best efforts throughout the term of the Contract
to enforce emissions testing compliance by issuing a notice of
suspension of the registration of each vehicle which does not either (a)
appear for testing in accordance with its assigned schedule or (b)
receive a compliant test result within the time framework allowed, and
then suspending the registration of such vehicle which does not comply
with such notice, such notice of suspension to be based on all data
available to the State including data required to be furnished by the
Contractor regarding vehicles which do not appear for testing in
accordance with their assigned schedule or receive a compliant test
result."
15. In Exhibit E, page 12, section 9.0, of the Contract delete the following
sentences:
"The State will lease a parcel of land in the Bridgeport area to
Contractor which
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will be adequate for construction by Contractor of the Bridgeport area
station referenced in Contractor's Technical Specifications. Contractor
shall lease the land from the State for One Dollar ($1.00) per year."
16. In Exhibit E, section 10.1. A, page 13, of the Contract delete
"sixty (60) calendar days" and substitute "thirty (30) calendar days" in lieu
thereof.
In Exhibit E, section 10.1. A, page 14, of the Contract delete the last
sentence and substitute:
"The later of thirty (30) calendar days after receipt of such Notice of
Default by the Contractor or the date of termination set forth in such
Notice of Default, this Contract shall terminate."
17. In Exhibit E, section 10.1. A, page 15, of the Contract the following
shall be inserted after the end of subsection B:
"C. The State waives any right it may have to terminate the Contract
pursuant to Section 10.1 arising out of a claimed default or any
facts that pertain to such claimed default occurring or arising
prior to the effective date of this amendment, regardless of
whether the State is at the time of this amendment aware of such
claimed default or facts. The State does not waive, however, any
claim it may have for damages arising out of a claimed default or
any facts that pertain to such claimed default occurring or arising
prior to the effective date of this amendment, it being the intent
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<PAGE>
of this subsection C only for the State to waive its right to
terminate the Contract for any such prior claim, not for the
State to waive its right to pursue any other remedies it has
for such default by Contractor."
18. In Exhibit E, section 10.2. A, page 15, of the Contract the following
shall be inserted after "subsection 10.1, above,"
"the State shall have the option to acquire or cause a subsequent
contractor to acquire the VIP facilities and other assets of the VIP
program by giving written notice to Contractor not less than thirty (30)
days prior to the termination of this Contract. If the State so
exercises such option,"
19. Exhibit E, section 10.2. B, page 16 and 17, of the Contract shall be
deleted and replaced by the following:
"B. If the State terminates this Contract under subsection 1O.1, above,
and the State exercises its option to purchase under subsection 10.2A,
above, then on the date of termination, the State or a subsequent
contractor shall:
1. Pay to the Contractor an amount equal to twenty (20) percent of
the values for the land, buildings, equipment, tools and
inventory transferred or assigned by the Contractor pursuant to
10.2.A.2 and 10.2.A.3, above. These values shall be those
specified in subsections 11.O.B.2, 3, 4, 5, 6 and 7.
2. Assume and pay an amount equal to twenty (20) percent of the
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value of all obligations of the Contractor under all leases
assigned to the State or to a subsequent contractor pursuant to
10.2.A.4, above.
3. Pay to the Contractor an amount equal to twenty (20) percent of
the values for the cost as determined using the Last-in,
First-Out ("LIFO") inventory valuation method of all supplies
and materials conveyed, transferred, and assigned pursuant to
10.2.A.5, above.
4. Assume all obligations of the Contractor with respect to
uncompleted contracts that are commercially reasonable and are
assigned pursuant to 10.2.A.6, above.
5. The State may, at its option, require the Contractor to incur
costs for effecting the orderly transfer of the operations of
the inspection facilities. Such costs may include, but are not
limited to, the cost of training State or subsequent contractor
personnel in the use of the inspection facilities and equipment
and computer software. In the event that the Contractor incurs
costs as herein described, the State shall reimburse the
Contractor for such costs."
20. In Exhibit E, section 18.0 of the Contract beginning on page 31, delete
"January 1, 1996" near the top of page 32, and substitute "thirty (30) days
from the date of commencement of ASM 25/25 testing" in lieu thereof.
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<PAGE>
21. The Contract is hereby supplemented by the addition of the following new
sections in Exhibit C of the Contract:
"9.0 NETWORK AND FACILITIES
Contractor shall provide equipment and properly staff and operate a
network of not less than twenty-five (25) stations. As provided in paragraph
6 of this amendment and in Exhibit B to this amendment, the Contractor shall
not be required to operate a new station in the Town of Stamford, but shall,
subject to the provisions of Section 3.0 of Exhibit E of the Contract,
acquire a site and construct and operate a facility in a proximate location
in Fairfield County, which location shall be made known to the State and
shall be subject to the approval of the State. The facility shall contain
seven (7) lanes unless the parties otherwise agree.
By no later than December 31, 1998, unless the State agrees in writing
to extend such time, if the facility is not operational or in substantial
progress regardless of the reason therefor, the State has the right, subject
to paragraph 22 of this amendment, to seek equitable adjustment in the test
fee set forth in paragraph 12 of this amendment, which test fee has been
agreed to, in part, on the basis of Contractor's operation of a 92 lane
network, so long as in the determination of such equitable adjustment, all
network and operation issues relating to incremental expenditures undertaken
by Contractor in performance of the Contract are taken into account if such
expenditures arise out of the absence of the Fairfield County facility and/or
Lanes.
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<PAGE>
When the aforesaid new station in Fairfield County is operational, the
Contractor shall be permitted to close the existing station in Norwalk.
"10.0 PURGE AND PRESSURE TESTING: GAS CAP TEST
The substantially non-intrusive purge and pressure test, as referenced
in Exhibit D, section 2.0, of the Contract shall not be performed by the
Contractor, nor shall the State be required to pay the higher test fees for
the said test as set forth in subsection B of said section. In addition:
(a) The substantially non-intrusive purge and pressure test component
of the enhanced inspection procedure, as specified in Exhibit D, section 2.0
of the Contract, was approved for use by the State on August 1, 1994, in
accordance with a letter of said date from the State Commissioner to
Envirotest. The Contractor was directed by the State to acquire
expeditiously the necessary rights, equipment and capability to perform the
said test, and pursuant to such direction the Contractor entered into a
certain license agreement with its subcontractor, ESP. In accordance with
the terms of the said agreement, the Contractor incurred certain direct
charges and expenses, and both the Contractor and its subcontractor incurred
substantial costs concerning the design, assembly, delivery and installation
of necessary equipment, which costs have been disclosed to the State.
In full reimbursement for any and all expenditures and costs directly or
indirectly related to the substantially non-intrusive purge and pressure test
as previously
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specified, and for the change in the Contract requirements made by this
amendment to eliminate the substantially non-intrusive purge and pressure
test as previously specified, the State agrees to pay to the Contractor the
sum of five hundred thousand dollars ($500,000) within forty-five (45) days
of the effective date of this amendment.
(b) Contractor shall perform the so-called "gas cap" test component of
vehicle fuel system vapor integrity, as specified in the attached Exhibit C.
The Contractor shall perform this test on all vehicles subject to emissions
inspection requirements in accordance with the above Test Matrix. The
Contractor shall administer the "gas cap test for the remainder of the term
of the Contract and shall commence no later than the start-up date of the ASM
25/25 enhanced procedure, subject to the provisions of subsection (d) of this
section.
(c) The payment by the State of the amount as stated above in
subsection (a) of this section is expressly conditioned on (i) the
presentation to the State and approval by the State of an amended, executed
license agreement with the above-mentioned subcontractor, evidencing the
right of the Contractor to use the equipment and technology for the "gas cap"
test specified in the attached Exhibit C, (ii) the successful completion of
an acceptance test procedure and approval by the State to implement the "gas
cap" test, and (iii) the furnishing to the State by ESP of a release
releasing the State from any and all actions, suits, or claims of any kind,
whether at law or in equity in any forum which ESP may have in connection
with the Contract, the license
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agreement (both original and amended) and/or otherwise. Nothing herein shall
be construed as an admission by the State of any liability to ESP.
(d) If the "gas cap" test is implemented prior to the start-up date of
the full ASM 25/25 procedure, then as compensation for fully performing the
test the State shall begin payment to Contractor of the amount of thirty-five
cents ($.35) per each such test completed as provided above in paragraph 12
of this amendment, which Contractor shall pay to ESP in accordance with the
contract between Contractor and ESP.
11.0 WAIT TIME SYSTEM AND PERFORMANCE STANDARD
The Contractor shall install and utilize a system and methodology for
the accurate calculation of wait times at stations, based, in part, on an
algorithm assigning an arrival time to each vehicle for which actual time is
not captured. Said system and method is more particularly described in a
letter to Mr. Peter Rosso of the State from Mr. Jeffrey A. Barth of the
Contractor, dated June 19, 1996, attached as Exhibit D. In accordance with
the attached Exhibit D and notwithstanding said Exhibit referring to a
different test procedure, the Contractor represents and warrants that the
method provides accurate calculation of wait times for the purpose of
contract compliance and enforcement, including, without limitation, the
Commissioner's enforcement rights under section 18, Exhibit E of the Contract
and the assessment of liquidated damages, under section 19.A, Exhibit E of
the Contract. Contractor shall install the system to be utilized and make it
fully operational at every station on the start date of ASM 25/25 testing, and
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<PAGE>
thereafter for the remaining term of the Contract. The wait time system
shall be subject to an acceptance test procedure as set forth above.
12.0 START-UP OF ENHANCED TESTING
As used in this section 12.0, the phrase "Lane functionality" means
demonstration of the functional operation and interaction of Lane emissions
inspection equipment and the corresponding data processing hardware and
software system that supports emissions testing. As used in this section
12.0, the phrase "host functionality" means demonstration of the functional
operation of the separate and distinct set of hardware and software that is
the central site for data collection, control and processing for the entire
network of stations and Lanes.
Contractor shall be prepared for lane and host functionality acceptance
testing of the ASM 25/25 procedure no later than thirty (30) days prior to
the start of the system wide, full function performance of the ASM25/25 test
for the public. As soon as the State accepts, in writing, the lane and host
functionality, it may direct the Contractor to start system wide, full
function performance of the ASM 25/25 test for the public as of a date
certain, which date shall not be earlier than January 1, 1998. If the
Contractor fails to commence such system-wide ASM 25/25 testing in each of
the Lanes as of the said date certain, the Contractor shall pay as liquidated
damages, in accordance with the provisions of the introductory paragraph of
Section 19.0 and the provisions of Section 19.0B of Exhibit E of the
Contract, the sum of six hundred and fifty dollars
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($650.00) per Lane per day for each day after such date certain that any such
Lane is not performing ASM 25/25 testing.
13.0 SERVICE TO THE PUBLIC
For the purposes of Exhibit C, section 11.0, of the Contract, (as
contained in paragraph 21 of this amendment) the station and all Lanes at:
(a) Taftville/Norwich shall be excluded from all wait time calculations
and standards for so long as safety inspections are performed by the
Contractor at that station; and
(b) Darien and Norwalk shall be excluded from all wait time
calculations and standards until such time as the seven (7) lane facility in
Fairfield County, which has not yet been identified, shall be operational.
If, despite good faith efforts by Contractor, on December 31, 1998 there is
no property in Fairfield County that is in the process of being permitted or
zoned or has received its permits or been rezoned for a seven (7) lane
facility, the parties agree to then negotiate in good faith a mutually
acceptable amended wait time calculation and standard to be applicable to the
Norwalk and Darien stations. If no such agreement is reached between the
parties, then the matter shall be resolved in accordance with the provisions
of Section 12.0 of Exhibit E of the Contract.
These exclusions shall not relieve the Contractor of responsibility to
continue to use reasonable efforts to avoid habitual and excessive delays at
the above-mentioned
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facilities; to maintain an operational wait time system at the facilities, in
accordance with Exhibit C, section 11.0 of the Contract (as contained in
paragraph 21 of this amendment) to comply with section 3.K.6 of the Technical
Specifications; and to keep the public entering the facilities informed as to
estimated wait times, as provided by the Contract. With respect to all other
facilities and Lanes, the provisions of Exhibit E, sections 18.0 and 19.0, of
the Contract shall remain in full force and effect.
14.0 DATA PROCESSING SYSTEM
Contractor shall furnish and maintain an updated software application
and support for data access and reporting of all vehicle test record (VTR)
and waiver file information, as well as the following data: maintenance,
repair, quality control and quality assurance. In addition to the data
elements currently supplied on the weekly report, a/k/a, the "state tape",
Contractor shall include the additional data elements stated in the attached
Exhibit E.
Within thirty (30) days after the effective date of this Amendment,
Contractor and the State shall agree to a schedule for the State to provide
to Contractor on a biweekly basis additions, deletions and modifications to
the vehicle registration data base.
In order for the State to carry out its responsibility to suspend motor
vehicle registrations, as provided in paragraph 14 of this amendment, with
respect to the owners of vehicles who do not appear for testing as scheduled
or who do not receive a compliant test result within the time frame allowed,
the Contractor will maintain a
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<PAGE>
computerized record of all vehicles subject to program testing, on magnetic
tape or other computer media as may be agreed to by the State and Contractor.
This record will include test due dates. Any vehicle which does not
receive a compliant test result within the time frame allowed will be
"flagged." A current and updated list of these non-compliant vehicles will
be provided to the State not less than once every two weeks by magnetic tape
or other computer media.
15.0 PAYMENT FOR CONVERSION TO ALTERNATIVE ENHANCED TEST
Any reimbursement which the Contractor may claim for costs or
reimbursement attributable to developing, or the conversion to, any
alternative enhanced test shall be deemed included within the test fees
payable in accordance with Exhibit C, section 10.0 of the Contract (as
contained in paragraph 21 of this amendment).
16.0 CONTRACTOR STAFFING LEVELS
Contractor shall under the terms of the Contract and the requirements of
Section 14-164c (e)(B) of the Connecticut General Statutes, maintain at all
times adequate staffing levels, including necessary management and
supervisory personnel, to assure the timely performance of all
responsibilities of the Contract.
17.0 PROVISION OF SPACE FOR REGISTRATION TRANSACTIONS
Within thirty (30) days after the effective date of this amendment, the
Contractor shall present a plan to the State concerning the assignment of
office space in designated emissions stations for the purpose of conducting
transactions with the public
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<PAGE>
relating to vehicle registrations and renewals. The plan shall include a
recommendation by the Contractor concerning the identification of the
stations which are most suitable for this purpose. The parties shall discuss
any start-date or dates for the commencement of any of such transactions.
The State shall be responsible for the cost of equipment and any furnishings
which the State may desire to be used at each designated facility.
18.0 FUTURE PURGE AND PRESSURE TESTING: OTHER NEW TEST PROCEDURES
If the Federal Environmental Protection Agency approves and advises the
performance of purge and pressure testing, or the performance of any
modification or variation of the said tests, or the performance of any test
procedure or change in test procedure for the inspection of motor vehicles
not specified under the provisions of this amendment, and in the event the
State of Connecticut, Department of Environmental Protection advises the need
to perform any such test or tests, the Contractor shall implement any such
change or changes upon reasonable notice by the State, based upon the change
order provisions of section 15.0 of Exhibit E of the Contract.
19.0 GUARANTEE OF EQUIVALENT ENHANCED TESTING PERFORMANCE
Not earlier than January 1, 2000, Contractor agrees to take such
Alternative Measures, as defined in this section 19.0, selected, at
Contractor's sole election, from among those specified in this
section 19.0 as are necessary to supply the SIP Credit Amount,
as defined in this section 19.0, within six (6) months after
January 1, 2000.
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<PAGE>
The SIP credit amount ("SIP Credit Amount") shall be defined as that
amount of tons of hydrocarbon per year up to no more than 744 tons of
hydrocarbon per year (less the credit set forth in the last paragraph of this
section 19.0), which in the judgment of the State, either in combination
with, and/or in whole or partial substitution for, other control measures, is
necessary to meet the State's obligation for hydrocarbon emission reductions
in the State Implementation Plan or any proposed revision thereto.
The following are the alternative measures ("Alternative Measures"):
(a) Implementation of as much of the remote sensing program as is
necessary to provide the SIP Credit Amount.
(b) Supply the SIP Credit Amount in any other way allowed under EPA rules
or guidelines or otherwise acceptable to EPA (for example, purchase of emissions
reduction credit).
(c) Implement the CT93 test method, or other test method chosen by
Contractor which is acceptable to the State, as necessary to provide the SIP
Credit Amount.
Contractor will receive a credit against the SIP Credit Amount as a
result of having performed the ASM 25/25 test on vehicles of model years 1980
and earlier. Such credit will be determined by the State through the use of
the most current EPA MOBILE model.
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<PAGE>
20.0 TESTING FOR NOx VERSUS NO
Contractor will not test for NOx but will commence testing for NO on the
start-date for the ASM 25/25 test in accordance with the requirements for
the ASM25/25 as set forth in the EPA Acceleration Simulation Mode Test
Procedure, Emission Standards, Quality Control Requirements, and Equipment
Specifications - Technical Guidance (EPA-AA-RSPD-IM-96-2) July 1996.
21.0 ADDITIONAL SERVICES
To the extent not prohibited by law, the Contractor may, subject to the
prior approval of the State Representative, provide to the Customer
additional services, provided, however, that such services are offered on a
voluntary basis and do not cause the Contractor to fail to meet its service
to the public requirements or any other obligations of Contractor under the
Contract.
22.0 INSPECTORS AND INSPECTOR FUNCTIONS
As of January 1, 1998, the functions that have been performed by
inspectors for the State, who are working in the facilities, shall in
accordance with this Section and the revised Technical Specifications,
unless otherwise provided herein, be performed by Contractor at all
facilities during working hours:
(a) EMOO CHECK: verify emissions testing status and test schedule if
vehicle arrives with no emissions sticker or sticker with questionable
validity;
(b) REG CHECK: verify proper registration of vehicle if vehicle arrives
with no
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<PAGE>
registration or registration is questionable and refer improperly registered
vehicles to a State DMV office;
(c) WINDSHIELD REPLACEMENT STICKER: provide and affix replacement
sticker where windshield has been replaced or a sticker has been stolen or is
missing after verifying previous test record documentation and registration
status;
(d) PROGRAM CAR VIN VERIFICATION: verify VIN after dealer safety
inspection where vehicle part of dealer lease program, is less than 2 years
old, has less than 24,000 miles, and make of vehicle is same as that of
franchise dealer;
(e) LATE FEE WAIVER: determine waiver of late fee based on military,
medical, mechanical and out-of-state exemptions only;
(f) EMISSIONS WARNING TICKETS: tell vehicle owner to follow directions
on back of warning form;
(g) AFFIDAVIT OF EMISSIONS COMPLIANCE: when the car needs to be
registered and there is no VIR and owner needs proof that the car has passed
emissions, owners are to be sent to Wethersfield DMV office or other places
as directed by the DMV.
(h) ON-LINE VIN VERIFICATION: verification of VIN on vehicles that are
from out of state and have been inspected by a dealer;
(i) NEW VEHICLE STICKERS: issuing of new vehicle emissions stickers to
replace the stickers issued on purchase of car;
(j) EXEMPT STICKERS: issuance of exempt stickers on request of vehicle
owners for
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<PAGE>
vehicles over 25 years old, weighing over 10,000 pounds, or otherwise exempt
from emissions test requirements; and
(k) ISSUING WAIVERS: for vehicles failing twice, determine validity and
cost of repairs done, determine visually the integrity of the vehicle's
emission system and issue waivers when appropriate, including the issuance of
waiver stickers.
All costs, including, but not limited to, equipment costs, associated
with the performance of the above-listed functions shall be the
responsibility of Contractor.
For the performance of the above listed functions, the State shall pay
Contractor the following amounts:
<TABLE>
<CAPTION>
CALENDAR YEAR (OR PART THEREOF) AMOUNT PAYABLE
------------------------------- --------------
<S> <C>
1998 $ 0
1999 $515,000
2000 $530,450
2001 $546,364
January 1 2002 through June 30, 2002 $281,377
</TABLE>
Each such amount shall be due and payable not later than June 30th of the
calendar year in which the amount is earned.
23.0 INSPECTOR TRAINING
As part of the process of utilizing the ASM25/25 test procedure, the
inspector lane training program will be 30 hours in duration in accordance
with the plan attached
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<PAGE>
as Exhibit F, which Exhibit and this section 23.0 will be deemed to modify
the Technical Specifications.
Each inspector performing the waiver function set forth in Exhibit C,
section 22.0(k) of the Contract (as contained in paragraph 21 of this
amendment) shall be trained in accordance with the plan attached as Exhibit G.
It is the intent of this plan that Contractor will have certain of its
employees trained to perform the functions required, who shall then in turn
be responsible for training the employees of Contractor who are to be perform
such function.
24.0 MECHANICS HOTLINE
The full cost of the mechanics hotline and of the providing of such
service as set forth in the Technical Specifications shall be borne through a
use fee paid by the mechanics who use the hotline. Contractor anticipates
subcontracting this entire function to an independent third party, and if it
does so, such use fee charged to the mechanics shall include no markup by
Contractor. The subcontract will be based on good faith negotiations between
Contractor and the subcontractor with a view toward achieving a quality
service at the lowest reasonable cost.
If any portion of such function is not subcontracted, the use fee
charged to the mechanics shall be only the actual costs without any markup
for profit or overhead. In such event the State shall have the right to
audit the relevant books and records of Contractor at reasonable times with
reasonable notice. If the State is not satisfied that
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<PAGE>
there is no markup for profit or overhead as a result of such audit, then
the State Representative may direct an appropriate change to insure that
Contractor is not making any profit or overhead and may seek other relief
that is warranted under the circumstances.
22. All terms of this amendment shall apply prospectively from the effective
date hereof, and shall have no effect whatsoever on the obligations of
performance, rights, claims or liabilities of the parties to one another
arising under the Contract before the said effective date. All provisions of
the Contract not specifically amended or superseded by the provisions of this
amendment shall remain in full force and effect. The parties acknowledge
that there are claims between them, which are the subject of pending
arbitration. Neither party relinquishes any rights to claim reimbursement or
other remuneration with respect to such claims except for the claim by
Contractor regarding fleet waivers issued prior to the date of this amendment
as set forth in paragraph 5 of this amendment.
23. This amendment shall not become effective unless and until it is
approved by the Office of the Attorney General of the State of Connecticut.
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<PAGE>
[LOGO] ENVIROTEST [LOGO]
SYSTEMS CONNECTICUT
WORKING TOGETHER
FOR
CLEAN AIR
- -------------------------------------------------------------------------------
ASM2525 TEST PROCEDURES
- -------------------------------------------------------------------------------
EXHIBIT A
<PAGE>
[LOGO] ENVIROTEST [LOGO]
SYSTEMS CONNECTICUT
WORKING TOGETHER
FOR
CLEAN AIR
- -------------------------------------------------------------------------------
ASM TESTING PROCESS FOR CTVIP
- -------------------------------------------------------------------------------
The inspection lane consists of three inspection positions. Each lane is
capable of testing diesel vehicles, one opacity meter is utilized for every
two lanes. The inspection process will be conducted according to written
Standard Operating Procedures (SOP). The SOP defines the sequence of
inspection events, the pass/fail/rejection determination for visual
inspections, basic equipment operating processes, fee collection procedures,
handling and security of stickers, certificates and forms and customer
relations. The detailed lane procedures, as well as inspector training
material will clearly state the conditions which will make a vehicle
unacceptable for testing. For example, no vehicles will be tested if
unregistered, carrying explosive materials, leaking fluids, gross exhaust
leaks, excessive smoke or any other situation which would make a vehicle
unsafe for testing. One exception would be if a vehicle comes to us with
under inflated tires, Envirotest will provide tire inflation equipment at
position 1 so that the tires could be inflated to 35 p.s.i. to make the
vehicle safe to test. The test procedures as they relate to the inspection
process for each position are summarized below:
As the vehicle enters the lane, it is visually inspected for conditions
that would prevent a vehicle from receiving a valid and safe inspection
(overheating, gross fluid leaks, etc.)
The motorist is then instructed to secure the vehicle in park/neutral
and to set the parking brake
The inspector checks for tampering (gas cap on all vehicles & catalytic
converters on 1981 & newer vehicles)
The inspector the validates the documents to the vehicle
When the vehicle to be tested is a rear wheel drive vehicle, the customer
is informed that they may drive the vehicle an the dyne and are told to
remain in position 1 until the inspector has completed data entry. Then
the driver is guided to position 2.
1
<PAGE>
If the vehicle is front wheel drive the inspector then has the customer(s)
exit the vehicle and escorts the customer(s) to the waiting booth and
enters the data at the position 1 p.c.
If any animals are with the customer, the customer is made to exit the
building and told to wait in a designated area until the inspector calls
for them
At position 2, the vehicle is secured, and centered on the dyne and a
cooling fan is put in place
The test sequence is begun and the vehicle is then driven on a drive trace
When the vehicle is driven on the drive trace, exhaust plume is taken into
the analyzers and is analyzed for pollutants on pass/fail criteria
established by the p.c.
When the drive trace is completed the test equipment is removed and the
vehicle is driven to position 3
At position 3 the vehicle is secured and a gas cap leak test is performed
Upon gas cap leak test results, the inspector is prompted to collect the
appropriate test fee and late fee (if applicable) and point out the fee
to the customer so there are no discrepancies
The Vehicle Inspection Report (VIR) is generated and the proper sticker is
assembled
The VIR is then given to the customer along with any fail
brochures/repair data that are required and the sticker is affixed to the
windshield with a squeegee
When the customer is satisfied they are given a farewell and asked to exit
the inspection lane
2
<PAGE>
[LOGO] ENVIROTEST [LOGO]
SYSTEMS CONNECTICUT
WORKING TOGETHER
FOR
CLEAN AIR
- -------------------------------------------------------------------------------
ASM EMISSIONS TESTING PROCEDURES
- -------------------------------------------------------------------------------
POSITION #1
INSPECTOR A
Perform Pretest safety checks: Fuel leaks, excessive fluid leaks, condition of
tires or other obvious safety hazards
Stop vehicle with the back end and tailpipe OUTSIDE of building
Greet customer (leave customer in vehicle until proper step)
Secure vehicle, (Park, Neutral, Parking Brake) IGNITION ON (Request gas cap
door opened or unlocked)
Identify which vehicles need to be tested (most often identified by IPER,
registration and / or fuel type)
Check for gas cap presence, catalytic converter presence
VERIFY DOCUMENTS TO VEHICLES ENTIRE VIN (registration, previous Fail VIR or
title) & THE VEHICLE PLATES
Actual odometer reading (thousands), sticker expiration from existing sticker
on vehicle & record information
Notify customer of test fee and late fee, if applicable
If the vehicle is rear wheel drive the driver is informed that they may drive
the vehicle on the dyne and are instructed to remain in the vehicle while the
inspector completes data entry
If the vehicle is front wheel drive, the driver is instructed to turn the
ignition off leave the window open and take with them any valuables in the
vehicle
Escort customer into booth (video, pamphlets, observe test, stay in booth until
inspector calls for them)
Direct customers with animals to remove them outside the station (LEADS &
CHOKERS ARE PROVIDED)
Data entry (vehicle information from registration entered at Position 1 PC):
VIN
Mileage
IPER information
Test sequence number
License plate
State vehicle is from
Class code
Make
Model
1
<PAGE>
Year
Vehicle type
Fuel type
Weight
Cylinders
Engine displacement
Transmission
Drive wheels
Traction control (y/n)
Wheel base (4WD)
Customer type
Employee number & p.i.n.
Gas cap & catalytic converter screen
Proceed to position 3 to perform gas cap leak test
Initiate pressure test
Remove gas cap equipment & re-install gas cap when leak test is complete
Point out fee due screen to customer
Collect fee & enter fee data
Escort customer back to vehicle
Scrape off sticker and clean windshield
Enter sticker data & assemble sticker
Print VIR & obtain fail brochures & repair lists if applicable
Apply sticker to vehicle w/squeegee
Present p/f VIR to customer w/brief explanation
Proceed to position 1
2
<PAGE>
INSPECTOR B
Walk to position 1 Enter vehicle
Drive to Position 2 and center vehicle on dyne
Verify vehicle on screen is vehicle you are in
Lower lift w/clicker
Secure vehicle (park/neutral, parking brake) exit vehicle
Chock non - drive wheel, front & back
Position probe in exhaust pipe using dual adapter if applicable
Enter vehicle
Remove parking brake if applicable & center vehicle on rollers
Begin test w/clicker
Drive trace
Stop vehicle when prompted
Secure vehicle
Remove test equipment (probe, chocks, etc,)
Enter vehicle and move to position 3
Secure vehicle and exit
Return to position 1
3
<PAGE>
EXHIBIT B
Assignment of Emissions Sites
<TABLE>
<CAPTION>
Site No. Address Number of Lanes
- --------------------------------------------------------
<S> <C> <C>
1 Norwalk Station* 2
6 Willard Road
Norwalk, CT 06851
2 Danbury Station 5
14 Plumtrees Road
Danbury, CT 06810
3 Waterbury Station 4
2038 Thomaston Avenue
Waterbury, CT 06720
4 Winsted Station 2
154 Torrington/Winsted Rd.
Winchester, CT 06098
5 Stratford Station 5
885 Woodend Road
Stratford, CT 06497
6 North Haven Station 7
25 Stillman Road
North Haven, CT 06851
7 Willington Station 2
81 River Road
Willington, CT 06279
8 Farmington Station 4
1536 New Britain Avenue
Farmington, CT 06032
9 Middletown Station 2
1885 S. Main St. (Rt. 17)
Middletown, CT 06457
10 Old Saybrook Station 2
5 Custom Park Drive
Old Saybrook, CT 06475
11 Brooklyn Emissions Station 2
15 South Main Street
Brooklyn, CT 06234
12 East Hartford Station 4
160 Tolland Turnpike
East Hartford, CT 06108
13 Groton Station 2
479 Gold Star Hwy. (Rt. 184)
Groton, CT 06340
</TABLE>
<PAGE>
<TABLE>
<CAPTION>
Site No. Address Number of Lanes
- --------------------------------------------------------
<S> <C> <C>
14 East Windsor Station 3
North Road (Rt. 140) Road
East Windsor, CT 06088
15 Taftville/Norwich Station 2
520 Norwich Avenue
Taftville, CT 06380
16 Bloomfield Station 3
110 Granby Street
Bloomfield, CT 06002
17 Newington Station 4
261 Pascone Place
Newington, CT 06111
18 Darien Station 5
I-95 Southbound
Darien, CT 06820
19 Beacon Falls Station 2
37 Lancaster Drive
Beacon Falls, CT 06403
20 Bridgeport Station 7
44 River Street
Bridgeport, CT 06604
21 Thomaston Station 3
401 McMahon Drive
Thomaston, CT 06787
22 Manchester Station 5
161 Sheldon Road
Manchester, CT 06045
23 Southington Station 5
64 Robert Porter Road
Southington, CT 06489
24 East Lyme Station 3
15 Capitol Drive
East Lyme, CT 06333
25 North Windham Station 2
4 Commerce Drive
North Windham, CT 06256
26 Norwalk II Station 5-7
TBD
</TABLE>
*Site #1 will be removed from the network if site #26 is constructed with
seven lanes
<PAGE>
EXHIBIT C
ESP TESTS
ESP EVAPORATIVE SYSTEM INTEGRITY (PRESSURE) TEST
This test checks the integrity of the gas cap on a special test rig. The
test is covered by Patent Application No. 08/059,630, filed May 10, 1993,
entitled "Automated Testing of Fuel Vehicle Caps."
The ESP System will enable performance of the Evaporative System
Integrity Test in a substantially non-intrusive manner, as follows:
(a) The gas cap is removed from the vehicle and placed on a cap test
rig which is comprised of adaptors for different types of gas caps.
Compressed air is applied to the gas cap and to an air reservoir until the
test level (28 inches of water) is reached. Then the air supply is
automatically closed, and the ESP Equipment monitors the pressure decay for
approximately 15 seconds. The pressure decay measurements can be displayed
in graph and/or numerical form on a computer monitor and/or on a computer
print out.
REQUIRED INTERFACES
The ESP System requires mechanical and electrical interfaces to the test
lane system, as follows:
(a) compressed air supply for the gas gap test;
(b) 115 VAC 60 Hz for the ESP Equipment;
(c) RS232C interface between the test lane system and the
ESP Equipment; and
(d) mutually developed evaporative system displays and prompts
on the test lane monitors.
<PAGE>
[LOGO] Envirotest EXHIBIT D Envirotest Systems
Systems
60A Weston Street
Hartford, Connecticut 06120
June 19, 1996 203/278-9203
FAX: 203/278-9206
Mr. Peter Rosso
Director of Emissions
Department of Motor Vehicles
60 State Street
Wethersfield, CT 06109
Dear Peter:
Let me take this opportunity to express our sincere appreciation to you and
the many people in the Department who have sent flowers, wrote letters and
made calls inquiring as to the health of Larry Taylor. It was a display of
kindness that may never make the HARTFORD COURANT, but was far more important
to all of us here than any negotiation can or will ever be and we thank you
and your colleagues for their genuine concern.
We appreciate the opportunity to provide the Department of Motor Vehicles
with the following responses to the outstanding issues as discussed in our
negotiations on Thursday, June 6, 1996.
1. WAIT TIMES
ISSUE: The Department has requested a description of the LPR system, an
analysis of the formula we are recommending for the determination
of wait time performance and a schedule for implementation.
RESPONSE: The LPR system proposed for the CT93 program is no different than
the LPR system proposed for the I/M 240 system except for the
modifications the Department is requesting to assign estimated
wait times.
As originally designed, the I/M 240 LPR system met all the U.S. EPA
requirements to provide second-chance testing for vehicles failing the
initial test that had waited more than 20 minutes in the queue. To meet the
EPA guidelines, unmatched plates were assumed to be waiting 20 minutes and
received a second chance. However, matched plates with less than 20 minutes
in queue were not given a second-chance test. One of the new improvements to
the CT93 test is that every vehicle which fails the initial test will now be
provided an automatic second-chance test regardless of the amount of time
spent waiting in the queue. The new test will provide additional
preconditioning regimen for vehicles failing the initial test a more fair and
equitable system.
The Department indicated its desire to have the ability to assign specific
wait times for every vehicle. To determine if we could meet the Department's
objective, an extensive analysis was performed on more than 6,400 vehicle test
records in Colorado. This is applicable because the equipment is identical
to that installed in Connecticut.
<PAGE>
Side-by-side testing comparing the LPR data collection system to that of the
manual (ticket-taking) data collection system was performed. The study used
manual entry of arrival and test times at Position One from time-stamped
tickets distributed at the same location as the LPR, Data sets were collected
and analyzed during both peak and off-peak traffic flow conditions. All data
points were then refined to calculate the average two hourly wait times as
determined by the LPR and time-stamped tickets.
The results of this analysis confirmed an extremely high correlation between
the manual data collection systems, and the LPR data collection system. A
scatter plot of the two systems average wait time revealed a good linear
relationship with a slope where the LPR system time = 1.0221 x (the manual
data collection system time) the fit was reflected in an R SQUARED
value = 0.9125. The data comparison actually revealed, on average,
the LPR system had slightly HIGHER estimates of wait times than the
manual ticket system. Importantly, the scatter plot of the differences
in times versus the percentage of plates matched also confirmed no
apparent degradation in the accuracy of the LPR estimated times even
if the capture rate dropped to 35% (current matches in Connecticut exceed 52%).
Based on these findings the State of Colorado accepted the LPR data
collection system to determine the overall wait times in order to assess
station performance in light of contract requirements.
To further support the conclusions from the Colorado test, we conducted an
analysis on the records of 111,134 vehicle tests performed last month in
Connecticut. More than one out of every two records (58,383 vehicles)
representing 53% of the total monthly testing population, were confirmed with
direct plate matches with specific wait time entries. Another 25% (28,214
vehicles) were captured within five minutes of an actual plate match.
Per the Department's request a limited analysis was initiated in one station
observing LPR performance during peak hours (11 a.m. to 2 p.m.) which
revealed 49% percent of the vehicles were matched with the LPR data, another
41% were tested within five minutes of the previous match. Further, an
additional 4% were tested within 5-7 minutes of a match and 3% were tested
within 7-9 minutes of a match.
While not complete, this analysis of Envirotest's procedure to capture wait
times of vehicles with unmatched plates was based on applying a five minute
algorithm to the begin test time of the vehicle and matching it against the
LPR time from the previous vehicle whose plate had been matched. This
resulted in a value very close to the actual wait time of that unmatched
vehicle.
The match rate percentages cited here are more dependent on the placement of
the plate by vehicle owner than on the technology being utilized. Our
observations have revealed that when the plate is not obstructed and placed
in proper (not windows) location, the match rate for the LPR is significantly
higher (approximately 84-85%). While there were no efforts during this
period to enhance LPR performance, the Connecticut results were well within
the accuracy range evidenced by the Colorado study.
<PAGE>
RECOMMENDATION
Based on the Colorado study and the Connecticut data from more than 111,000
test records, Envirotest would recommend contract wait time penalties be
determined using the station wait time reports from the LPR data analysis now
available on the Connecticut host. This same data can now be displayed, real
time, on the DMV terminals connected to the Envirotest host.
Envirotest would provide the following with CT93:
- - The original I/M 240 system wait time entry on the VIR will be in place
for the CT93 start-up.
- - The matched wait times will be used to okay all contractual penalties.
On an hourly basis actual matched wait times will be averaged and
applied to all vehicles tested during that hour. That is, if the
average wait time for the matched vehicles is 50 minutes for a period,
then that time shall be applied to all vehicles tested at that location
for that period for the purpose of applying a performance penalty.
- - Within 60 days after start-up, we will provide a modification for the
state to review and test. (We are currently analyzing the seven and nine
minute arrival data to determine what gains might be made by modifying
the algorithm). This modification will change the VIR information to
include wait times based upon calculations which use the LPR time from
an immediately previous matched test. Hence, like the I/M 240 test, if
there is a direct match on the vehicle it will show on the VIR from the
inception of the program. Envirotest will develop an alternative method
for the Department's review and approval to apply when no match is made.
- - The estimated time based on a previous LPR matched reading will be
denoted on the VIR with whatever symbol the Department wishes.
- - Vehicles for which no actual or estimated match can be calculated will
be noted with an appropriate message in the wait time field.
Envirotest believes this proposed method provides accurate measurement for
the purpose of contract penalty enforcement.
2. SAFETY & EMISSIONS IDENTIFICATION
ISSUE: The Department requested Envirotest to clearly identify lanes
being used for combined safety and emissions testing.
RESPONSE: Envirotest agrees to clearly identify lanes being used for the
combined safety and emissions lanes with signage in the queue and
on the facility.
3. SAFETY AND EMISSIONS TESTING
ISSUE: The Department indicated it does not want emissions-only tests
being performed in the combined safety and emissions lane(s)
unless there are no vehicles waiting for safety tests to be
performed. Further, it is the Department's position that if
Envirotest agreed to this condition there would be no calculation
of the combined safety and emissions lane into the wait time
calculation.
<PAGE>
EXHIBIT E
ADDITIONAL DATA
<TABLE>
<CAPTION>
Description Mnemonic
- ----------- --------
<S> <C>
Special test indicator V_TEST
Fee Override Flag V_LATE_OVER
Record Type V_WAIV_STATUS
Emissions/Purge Requirements V_EM_PU_REQ
Composite HC reading V_HC
Composite CO reading V_CO
Composite C02 reading V_CO2
Composite NO reading V_NO
Opacity reading V_OPAC
Opacity test mode V_OPAC_MODE
</TABLE>
<PAGE>
EXHTBIT F
PROPOSED ASM EMISSIONS TRAINING PLAN
FOR LANE INSPECTORS
WEEK #1
- -------
Training completed in station by station management. Twenty total hours
based on four hours per day, five days a week. Plan includes orientation
Day #1
------
- Tour of station
- Introduction to staff,
- Completion of appropriate H.R. forms,
- Review of dress code
- Review of safety equipment,
- Review of job safety i.e. lane safety equipment hazards,
proper lifting techniques and use of a portable fire
extinguisher.
- Review of pay scale and performance appraisal
- Review of job description/requirements
- Review clock procedures
Days #2-5
---------
- Introduction to station trainer
- Review of safety rules
- Clean as you go standards
- Introductioa to employees
- Lane Operation
- Type of test
- Introduction to cash procedures
- Introduction to verification of Drive & Transmissions
- Introduction to computer and entrys
- Introduction to dynamometer and trainiag
<PAGE>
WEEK #2
- -------
Training completed in station by program emissions trainer. Ten total hours
of training, based on five hours per day, two days a week.
- Operating Procedures of gas
- Principles of Operating a Gas Analyzer
- Fire Control
- First Aid - Emergency Aid
- Cash
- Gas Cap
- Customer Service
- Customer Awareness
- Emission Theory
- Lane Safety
- Lane Control
<PAGE>
EXHIBIT G
INSPECTOR TRAINING
[LOGO] ENVIROTEST [LOGO]
SYSTEMS CONNECTICUT
WORKING TOGETHER
FOR
CLEAN AIR
- -------------------------------------------------------------------------------
ENVIROTEST TRAINING
- -------------------------------------------------------------------------------
This training outline will be used for the training of Station Managers,
Assistant Station Managers and Supervisory Personnel (Lead Lane personnel).
Training will be provided by Envirotest to assume the role and completion of
all duties of the DMV Inspectors at each of the inspection facilities. Each
Station Management Team will undergo training classes focusing on the
policies and procedures associated with these new contract activities
including the following:
Issuing New Vehicle Stickers
Issuing Exempt Stickers
Emissions Waivers / Denials
Guidelines and procedures for these activities have been established and must
be followed by all personnel involved in the process. The forms associated
with these new tasks will be new to all personnel and must be correctly
filled out for sticker tractability.
The guidelines to be utilized for this training are as follows:
NEW VEHICLE STICKERS- These stickers will be provided for vehicles which are
less than 1 year old and have not received a sticker in the mail with their
permanent registration. A registration check may be required to verify the
transaction date of the registration for that vehicle. A registration check
may also be required on vehicles that are less than 1 year old and have had
their windshield replaced. Envirotest will not use a replacement sticker for
these vehicles because there will be no previous test record. When a
replacement sticker has been issued, Envirotest personnel will complete a
paperwork log.
Training for New Vehicle Stickers shall include:
Explanation of New Vehicle Stickers
When New Vehicle Stickers are to be used
What documentation is necessary to apply for a New Vehicle Sticker
How to complete Envirotest's documentation and log form
EXEMPT STICKERS- These stickers will be used for vehicles which fall into the
exempt categories as defined by the DMV. Currently, exempt vehicles are those
that are 25 years old or older, or weigh 10,001 pounds G.V.W. or more, or are
<PAGE>
solar or electric powered, or are registered as farm vehicles. When an exempt
sticker has been issued, Envirotest personnel will complete a paperwork log.
Training for Exempt Vehicle Stickers shall include:
Explanation of Exempt Vehicle Stickers
When New Vehicle Stickers are to be used
What documentation is necessary to apply for an Exempt Vehicle Sticker
How to complete Envirotest's documentation and log form
WAIVER STICKERS
A waiver permits a customer whose vehicle has not meet emissions standards,
to register and operate a vehicle. This section outlines the correct
procedure for issuing an emissions waiver.
WAIVER STICKERS- All customers that have had their vehicle fail their
emissions inspection at least twice will be advised by the position 3
inspector to the park the vehicle in the parking area and see Station
Management to apply for a waiver. To be eligible for a waiver the
customer must have two failed VIRs with them at the time of the waiver
application. The customer must also show that $125.00 or $250.00
(depending on year of vehicle) was spent on emissions related repairs.
Those repairs must also pertain to the diagnostic conditions which caused
the vehicle to fail. Expenditures for replacement of, and repairs to
pollution control devices that have been tampered with can not be counted
toward the repair limit. To be eligible for a waiver the vehicle must
have all of its factory-equipped emissions control components intact.
Station Management will inspect the vehicle to make sure all of the
required pollution control devices are property connected. Vehicles with
less than 24,000 miles or are less than 2 years old are not eligible for
a waiver unless the warranty claim is denied in writing by the franchise
dealer. When a waiver sticker has been issued, Envirotest personnel will
complete a paperwork log.
Training for Waiver Stickers shall include:
Explanation of Waiver Stickers
When Waiver Stickers are to be used
What documentation is necessary to apply for a Waiver Sticker
How to complete Envirotest's documentation and log form
The section of the class that will focus on waivers, will be taught by
Envirotest personnel who have undergone training from a licensed ASE
Instructor. This training will include instruction on the principals of
engine
<PAGE>
and emission components and their functions. Additionally Envirotest
training personnel will complete a 4 hour course at a repair facility.
Emission Component System (ECS) software will be utilized on the Station
Managers P.C. to assist Envirotest personnel in identifying engine
components. To utilize the ECS software, Envirotest personnel will enter
the vehicle make, model and year of manufacture. The ECS software will
provide a picture of the subject vehicle's engine and location of the
factory equipped pollution control devices. It will aid Envirotest in
identifying which components are connected, which components
have been removed, and assure that all factory equipped pollution control
devices are in place before a waiver is issued. The database for the ECS
software will be periodically updated by Envirotest to be kept current
with changes in emission components due to vehicle make, model and year of
manufacture.
Training for Waivers shall include:
The Waiver Process and Procedure
Conditions for a Waiver
Repair Expenditures
Acceptable receipts / Non acceptable receipts
Minimum acceptable information on receipts
Owner performed repairs
Inspection of Pollution Control Devices
Conditions of Warranty Coverage
Waiver Equipment Inspection
Acceptable adjustments to idle/air mixtures
All belts and hoses
Air cleaner
Thermostatic air cleaner
Positive crankcase ventilation system (pcv)
Air pump or Air injection system
Catalytic converter inspection
Fuel filler restrictor
Fuel cap
Exhaust gas recirculation system
Fuel evaporation canister
Oxygen sensor
Spark plus
Spark plug wires
Distributor cap
Rotor
Condenser
Choke
Manual choke
Idle speed
<PAGE>
Ignition module
Computer
Carburetor rebuilding
New Carburetors
Air management system
Other repairs that may or may not correct a problem could be:
Timing chain or belt
Head gasket (vacuum leaks)
Cam timing
Cam condition
Lifters
Piston rings
Vacuum switches
WAIVER DEFICIENCY CHECKLIST- This form is completed and provided to the
customer when the vehicle is not eligible for an equipment waiver for
various reasons. Deficiencies may include: no proof has been submitted
that the vehicle has failed both tests; did not meet minimum expenditure
requirements; all or part of a pollution control system was missing, not
working or improperly connected; vehicle qualifies for the performance
warranty and the dealer did not reject the claim in writing; or additional
repairs are needed (these will be listed on the form).
Training for Waiver Denials shall include:
Explanation of Waiver Denials
When are Waiver Deficiency Checklists used
What documentation is necessary to complete a Waiver Deficiency
How to complete Envirotest's documentation and log form
Which forms are to be returned to the customer
Acceptable receipts / Non acceptable receipts
Minimum acceptable information on receipts
Owner performed repairs
In order for Envirotest personnel to become certified to perform the Waiver
function, they will be required to complete and pass this class to the
satisfaction of the instructor to include passing a written test with a score
of not less than 80%.
<PAGE>
MATRIX
<TABLE>
<CAPTION>
- ---------------------------------------------------------------------------------------------------
YEARS ASM(0) ASM(0) CAT. CONVERTOR GAS CAP GAS CAP OBD II WAIVER
(BIENNIAL (ANNUAL INSP. PRESENCE FUNCTION
TEST) TEST)
- ---------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C>
1968-1970 X X 125
- ---------------------------------------------------------------------------------------------------
1971-1974 X X X 125
- ---------------------------------------------------------------------------------------------------
1975-1980 X X(1) X X 125
- ---------------------------------------------------------------------------------------------------
1981-1986 X X(1) X X 250
- ---------------------------------------------------------------------------------------------------
1987-1995 X X(2) X X 250
- ---------------------------------------------------------------------------------------------------
1996+ X X(2) X X X(3) 250
- ---------------------------------------------------------------------------------------------------
</TABLE>
(0) Per contract with contractor, idle tests to be performed on certain
vehicles unable to be tested by ASM procedure.
(1) For all light duty passenger vehicles.
(2) For all applicable vehicles LESS THAN 8,500 lbs GVWR.
(3) Per Federal regulations.
<PAGE>
ADDITIONAL TERMS AND CONDITIONS
OF
SECOND AMENDMENT TO CONTRACT BETWEEN THE STATE OF
CONNECTICUT AND ENVIROTEST SYSTEMS CORP. FOR THE
ESTABLISHMENT AND OPERATION OF MOTOR VEHICLE INSPECTION
PROGRAM FACILITIES FOR THE STATE CONNECTICUT, DATED APRIL 14,
1994, AS AMENDED BY AMENDMENT EFFECTIVE OCTOBER 22, 1997
1. All words and phrases in this amendment which are capitalized shall have
the meanings stated in Exhibit B of the Contract. As used herein, "Contract"
means the Contract, as amended by the amendment effective October 22, 1997
and as amended by this amendment. As used herein, "First Amendment" means
the amendment to the Contract effective October 22, 1997.
2. Contractor will provide and pay for an additional six (6) four-wheel
drive dynamometers as follows: two (2) in the Darien facility and one (1)
each in the Taftville/Norwich facility, the Danbury facility, East Windsor
facility and the Bridgeport facility. The Contractor will add an additional
six (6) four-wheel drive dynamometers into those lanes identified and
mutually agreed to by the State and Contractor. Four-wheel drive dynamometer
procurement and installation will begin within thirty (30) days after the
effective date of this agreement and will be
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<PAGE>
completed in all lanes May 31, 1999 subject unless the State agrees to an
extension to time. The Contractor agrees to provide to the State a monthly
report on its installation progress. The provisions of this subparagraph (b)
are subject to the provisions of Section 3.0 of Exhibit E of the Contract.
3. Exhibit C, page 4, of the Contract regarding the description of the
network sites and facilities was replaced in its entirety by a table set out as
Exhibit B to the First Amendment. This replacement table is deleted in its
entirety and in place of such table is substituted the table set out in the
Exhibit A attached to this amendment.
4. Section 9.0 of Exhibit C of the Contract, which is set forth in the
First Amendment is hereby deleted in its entirety and replaced with the
following:
"9.0 NETWORK AND FACILITIES
Contractor shall provide equipment and properly staff and operate a
network of twenty-five (25) stations. The Contractor shall not be required
to construct or operate a facility in Fairfield County other than the
facilities set forth in Exhibit A to this amendment.
However, the Contractor agrees to build, equip and pay for five (5)
additional lanes all of which are reflected in Exhibit A to this amendment so
that the total number of lanes after the lanes have been built will be 92.
If for any reason or
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<PAGE>
cause unforeseen the building of any of such lanes is not feasible or not
permitted, the Contractor may with the approval of the State add lanes at
other stations to achieve the total of five (5) new lanes.
By no later than January 31, 1999, (but subject to the provisions of
Section 3.0 of Exhibit E of the Contract) unless the State agrees in writing
to extend such time, if any of such additional lanes are not operational or
in substantial progress (other than the Taftville lane which shall be
operational or in substantial progress by May 31, 1999), the State has the
right to seek equitable adjustment in the test fee set forth in paragraph 12
of the First Amendment, which test fee has been agreed to, in part, on the
basis of Contractor's operation of a 92 lane network, so long as in the
determination of such equitable adjustment, all network and operation issues
relating to incremental expenditures undertaken by Contractor in performance
of the Contract are taken into account if such expenditures arise out of the
absence of the Lanes.
5. Section 13.0 of Exhibit C of the Contract, which is set forth in the
First Amendment, is hereby deleted in its entirety and replaced with the
following:
"13.0 SERVICE TO THE PUBLIC
For the purposes of Exhibit C, section 11.0, of the Contract, (as
contained in paragraph 21 of the First Amendment) the station and all Lanes
at:
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<PAGE>
(a) Taftville/Norwich shall be excluded from all wait time calculations
and standards for so long as safety inspections are performed by the
Contractor at that station, but only until the additional lane in
Taftville/Norwich as set forth in Paragraph 2 of this Amendment has been
completed and has been operational for fifteen (15) days; and
(b) Darien and Norwalk shall be excluded from all wait time
calculations and standards until such time as the three (3) additional lanes
at the Darien facility as set forth in Paragraph 2 of this Amendment have
been operational for fifteen (15) days.
If, despite good faith efforts by Contractor, twelve (12) months after the
effective date of this amendment either the Taftville/Norwich facility or the
Darien facility has not been or is not in the process of being permitted or
zoned for a three (3) lane facility for Taftville/Norwich or a eight (8) lane
facility in Darien, the parties agree to then negotiate in good faith a
mutually acceptable amended wait time calculation and standard to be
applicable to the Norwalk and/or Darien stations not then completed. If no
such agreement is reached between the parties, then at the written request
of either party, the matter shall be resolved in accordance with the
provisions of Section 12.0 of Exhibit E of the Contract.
These exclusions shall not relieve the Contractor of responsibility to
continue to use reasonable efforts to avoid habitual and excessive delays at
the above-mentioned facilities; to maintain an operational wait time system
at the facilities, in
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<PAGE>
accordance with Exhibit C, section 11.0 of the Contract (as contained in
paragraph 21 of the First Amendment) to comply with section 3.K.6 of the
Technical Specifications; and to keep the public entering the facilities
informed as to estimated wait times, as provided by the Contract. With
respect to all other facilities and Lanes, the provisions of Exhibit E,
sections 18.0 and 19.0, of the Contract shall remain in full force and
effect."
6. In the event that payment is due the Contractor for termination of the
Contract for any reason whatsoever, the payment to the Contractor for the
buildings constructed and the equipment purchased to carry out the terms of
this amendment shall be calculated on the basis that the completion date for
such was July 1, 1995.
7. The Contract is hereby supplemented by the addition of the following
Section Exhibit E of the Contract
"30.0 PENALTY ASSESSMENT
In the event that the State intends to assess against the Contractor
any penalties, including but not limited to, wait time penalties as set forth
in Section 18.0 of Exhibit E of the Contract or penalties for improper
inspections as set forth in Section 20.0 of Exhibit E of the Contract, the
State shall give the Contractor 14 days' notice of such intent. During such
14 day period, if the Contractor gives notice to the State, the Contractor
and the State shall meet to discuss and try to determine the
-5-
<PAGE>
validity of the penalties. The State shall not have the right to withhold
any fees or payments due the Contractor until the end of such 14 day period.
8. All provisions of the Contract not specifically amended or superseded
by the provisions of this amendment shall remain in full force and effect.
9. This amendment shall not become effective unless and until
(a) it is approved as to form by the Office of the Attorney General of
the State of Connecticut; and
(b) an amendment to the safety contract between the parties is
executed and takes effect concurrent with this amendment.
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<PAGE>
EXHIBIT A
ASSIGNMENT OF EMISSIONS SITES
<TABLE>
<CAPTION>
Site No. Address Number of Lanes
- --------------------------------------------------------------------------
<S> <C> <C>
1 Norwalk Station* 2
6 Willard Road
Norwalk, CT 06851
2 Danbury Station 5
14 Plumtrees Road
Danbury, CT 06810
3 Waterbury Station 4
2038 Thomaston Avenue
Waterbury, CT 06720
4 Winsted Station 2
154 Torrington/Winsted Rd.
Winchester, CT 06098
5 Stratford Station 5
885 Woodend Road
Stratford, CT 06497
6 North Haven Station 7
25 Stillman Road
North Haven, CT 06851
7 Willington Station 2
81 River Road
Willington, CT 06279
8 Farmington Station 4
1536 New Britain Avenue
Farmington, CT 06032
9 Middletown Station 2
1885 S. Main St. (Rt. 17)
Middletown, CT 06457
10 Old Saybrook Station 2
5 Custom Park Drive
Old Saybrook, CT 06475
11 Brooklyn Emissions Station 2
15 South Main Street
Brooklyn, CT 06234
12 East Hartford Station 4
160 Tolland Turnpike
East Hartford, CT 06108
13 Groton Station 2
479 Gold Star Hwy. (Rt. 184)
Groton, CT 06340
</TABLE>
<PAGE>
<TABLE>
<CAPTION>
Site No. Address Number of Lanes
- --------------------------------------------------------------------------
<S> <C> <C>
14 East Windsor Station 3, plus 1 to be constructed*
North Road (Rt. 140) Road
East Windsor, CT 06088
15 Taftville/Norwich Station 2, plus 1 to be constructed*
520 Norwich Avenue
Taftville, CT 06380
16 Bloomfield Station 3
110 Granby Street
Bloomfield, CT 06002
17 Newington Station 4
261 Pascone Place
Newington, CT 06111
18 Darien Station 5, plus 3 to be constructed*
I-95 Southbound
Darien, CT 06820
19 Beacon Falls Station 2
37 Lancaster Drive
Beacon Falls, CT 06403
20 Bridgeport Station 7
44 River Street
Bridgeport, CT 06604
21 Thomaston Station 3
401 McMahon Drive
Thomaston, CT 06787
22 Manchester Station 5
161 Sheldon Road
Manchester, CT 06045
23 Southington Station 5
64 Robert Porter Road
Southington, CT 06489
24 East Lyme Station 3
15 Capitol Drive
East Lyme, CT 06333
25 North Windham Station 2
4 Commerce Drive
North Windham, CT 06256
</TABLE>
*See section 9.0 of Exhibit C of the Contract as amended.
<PAGE>
AGREEMENT
This Agreement is made by and between the State of Connecticut,
Department of Motor Vehicles ("State"), acting by and through Jose 0.
Salinas, the Commissioner of Motor Vehicles, who is the successor to
Commissioner Michael W. Kozlowski, under the authority of Sections 4-8, 14-3
and 14-164c of the Connecticut General Statutes, and Envirotest Systems Corp.
("Envirotest"), a Delaware corporation with its principal place of business
located at 246 Sobrante Way, Sunnyvale, California.
WHEREAS,
1. By written contract dated April 14, 1994 ("Contract"), Envirotest
and the State ("Parties") entered into an agreement for the provision of
emissions testing facilities and services for motor vehicles in accordance
with Chapter 246a of the Connecticut General Statutes, Conn. Gen. Stat.
Section 14-164b, ET SEQ.
2. During the term of the Contract, certain disputes arose in
connection with the performance of the Contract, including INTER ALIA,
whether (a) performance under the Contract resulted in savings to Envirotest,
such that the State might be entitled to monies from Envirotest, and (b)
whether Envirotest was entitled to additional monies under the Contract.
3. The Contract contained a dispute resolution procedure in Exhibit E,
Section 12.0. The Parties were unable to resolve their disputes through
consultation. Thereafter, by letter dated February 9, 1996, then
Commissioner Kozlowski set forth the State's position with respect to the
disputed issues. (A copy of this letter is attached as Exhibit A.)
4. On March 11, 1996, Envirotest submitted a Demand for Arbitration
with the American Arbitration Association.
5. Thereafter, by Complaint returnable June 4, 1996, and bearing
Docket No. CV 96-560148 S, the State initiated a lawsuit against Envirotest
and the American Arbitration Association, seeking to enjoin arbitration of
the Parties' dispute. In this lawsuit the State claimed that Envirotest's
Demand for Arbitration was not timely filed, which Envirotest denies.
6. On or about October 22, 1997, the State and Envirotest entered into
an Amendment to the Contract. In addition, the State and Envirotest had
previously entered into a Safety Contract effective October 25, 1996 ("Safety
Contract"). Since the execution of the Safety Contract issues have arisen
between the Parties that remain unresolved.
<PAGE>
Page 2 of 7
7. The State and Envirotest each deny any wrongdoing with respect to
the performance of the Contract as amended, and each deny any liability to
the other. Nevertheless, the Parties wish to resolve all outstanding issues,
including any issues which might have been brought through the date of this
settlement Agreement, and, intending to be legally bound hereby, the State
and Envirotest covenant, warrant, promise and agree as follows:
AGREEMENT
1. PROMISES OF ENVIROTEST
Envirotest agrees to the following and where applicable as more
fully set forth in the Second Amendment to the Contract, attached as Exhibit
B, and the First Amendment to the Safety Contract, attached as Exhibit C:
a) Envirotest will construct, staff and operate five (5) emission
inspection lanes, as follows:
i) Three (3) new lanes at the Darien facility;
ii) One (1) new lane at the Taftville facility;
iii) One (1) new lane at the East Windsor facility.
If zoning or other necessary approvals at the above-mentioned
locations cannot be obtained, or if for any other reason or
cause unforeseen at this time, such construction is not
feasible or not permitted, Envirotest may, with the approval
of the State, add lanes at other stations to achieve the total
of five (5) new lanes. All new lanes will be operational by
no later than January 31,1999, except the Taftville lane,
which will be operational by May 31, 1999, unless the State
agrees to an extension of time with respect to any lanes. The
provisions of this subparagraph (a) are subject to the
provisions of Section 3.0 of Exhibit E of the Contract.
b) Envirotest will add six (6) four-wheel dynamometers of which
two (2) will be added at the Darien facility, and one (1) each
will be added at the Taftville, East Windsor, Danbury and
Bridgeport facilities. Envirotest will add an additional six
(6) four-wheel drive dynamometers into those lanes identified
and mutually agreed to by the Parties. Four-wheel drive
dynamometer procurement and installation will begin within
thirty (30) days after the effective date of this Agreement
and will be completed in all lanes by May 31, 1999, unless the
State agrees to an extension of time. Envirotest agrees to
<PAGE>
Page 3 of 7
provide a monthly report on its installation progress. The
provisions of this subparagraph (b) are subject to the
provisions of Section 3.0 of Exhibit E of the Contract.
c) Envirotest will increase its safety inspection lane network
from sixteen (16) to twenty-three (23) throughout the system.
The location of these lanes shall be as agreed to mutually
by the Parties. Existing lanes will be equipped and
operational for safety by no later than October 1, 1998,
subject to extension of time for events beyond the control of
Envirotest. All safety inspection lanes shall be used for
both emissions and safety testing at Envirotest's discretion;
however, Envirotest will use its best efforts to assure that
customers seeking a safety inspection will be accorded
priority in those lanes designated for safety over those
customers seeking only an emissions inspection. Envirotest
will continue to comply with the provisions of Section 6.1 of
Exhibit C of the Contract regarding station operations.
d) Envirotest will staff the additional seven (7) safety
inspection lanes under the Safety Contract so long as the
Safety Contract continues in existence.
e) Subject to the next sentence, there will be no volume
guarantee or fee adjustment based on volume for the remainder
of the term of the Safety Contract. All initial tests (except
tests on certain classes of vehicles to be agreed upon by the
State and Envirotest and which are in a de minimis number) for
safety performed in the State will be performed by Envirotest.
The State and Envirotest will agree on a schedule for the
phasing out of the State performing the initial safety tests.
The State may at its sole option continue to perform retests
on failing vehicles, up to and including all such retests.
The rate to be paid for each completed safety test shall be
the rate stated in paragraph 14 of the Safety Contract under
the column for 165,000 tests per year.
f) Within 120 days of the effective date of this Agreement,
Envirotest agrees to provide all customers failing the brake
test component of the safety inspection procedure with the
percentage results of each wheel printed on the vehicle safety
inspection report.
<PAGE>
Page 4 of 7
g) Envirotest will keep the public entering the stations for
safety inspections informed as to the general requirements of
safety inspections, inclusive of wait times and other
information as agreed to by both Parties. The system to
provide such information shall be operational no later than 90
days after the effective date of this agreement.
h) Envirotest agrees that the depreciated value of the additional
lanes to be constructed pursuant to this Agreement, for any
purpose under the Contract, shall be calculated on the basis
of a completion date of July 1, 1995.
i) Envirotest agrees that the release granted to the State, as
hereinafter provided in paragraph 4, applies to any and all
claims of Envirotest arising out of (1) the failure of the
State to provide a site in Bridgeport for a station, and (2)
the acquisition by Envirotest of the site for the Bridgeport
station.
j) Envirotest will withdraw its Demand for Arbitration.
2. PROMISES BY STATE
The State agrees to the following and where applicable as more fully
set forth in the Second Amendment to the Contract and the First
Amendment to the Safety Contract:
a) If the State exercises its right to terminate the Safety
Contract for non-appropriation of funds, in accordance with
the provisions of paragraph 16 of the Safety Contract, the
effective date of termination will not be sooner than June 30,
1999.
b) The State agrees that Envirotest will not be required, under
the Contract, as amended, to either obtain a site for or build
a new facility in Fairfield County.
c) The State agrees to withdraw, with prejudice, the lawsuit
identified above and bearing Docket No. CV-96-5601148 S and
withdraw the letter of February 9, 1996 set forth in Paragraph
3 of the recitals.
d) The State shall review its safety inspection standards and
procedures for passenger motor vehicles, in order to ascertain
whether a more expedited procedure can be
<PAGE>
Page 5 of 7
implemented, consistent with applicable laws and regulations.
If such changes are approved, Envirotest shall be permitted to
amend its inspection procedures accordingly.
e) In the event that the State intends to assess against
Envirotest any penalties, including but not limited to, wait
time penalties as set forth in Section 18.0 of Exhibit E of
the Contract or penalties for improper inspections as set
forth in Section 20.0 of Exhibit E of the Contract, the State
shall give Envirotest 14 days notice of such intent. During
such 14 day period, if Envirotest gives notice to the State,
Envirotest and the State shall meet to discuss and try to
determine the basis and validity of the penalties. The State
shall not withhold any fees or payments due Envirotest until
the end of such 14 day period.
3. RELEASE BY STATE
In exchange for the above-stated consideration, and except as set
forth in the second paragraph of this Paragraph 3, the State agrees
to forever release and discharge Envirotest, its successors,
assigns and subsidiaries, affiliates, present and former directors,
officers, agents, general agents, employees and/or any other
persons acting on its behalf, in their individual or official
capacity, from any and all claims, actions and actions, causes and
causes of action, suits, sums of money, contracts, controversies,
agreements, promises, damages, judgements and demands whatsoever in
law or in equity which the State had, has now or which the State
can, shall, or may have for, upon, or by reason of, the Contract
including any amendments, or the Safety Contract, as well as any
claims for quantum meruit, unjust enrichment, tort,
misrepresentation, arising under any constitution, statute, or
regulation, through the date of execution of this agreement
pertaining to the Contract or Safety Contract.
The release herein granted by the State does not apply to certain
penalties assessed against Envirotest pursuant to the terms of the
Contract, including but not limited to those contained in the
letters from Joseph Lembo to Robert Jackson dated March 6, 1998,
March 5, 1998, February 11, 1998, February 10, 1998 (three letters
of this date), December 10, 1997 and September 15, 1997, and
letters from Joseph Lembo to Paul Cherepinsky dated March 12, 1998,
April 15, 1998 and April 30, 1998. Envirotest shall have the right
to contest such penalties as set forth in these letters, in
<PAGE>
Page 6 of 7
accordance with the procedures for the resolution of disputes set
forth n the Contract.
4. RELEASE BY ENVIROTEST
Envirotest agrees that by this Agreement it does for itself, its
affiliates, subsidiaries, successors, assign, agents, employees,
and all those acting on its behalf, whether in their individual
capacity, does release and forever discharge the State from any and
all action and actions, cause and causes of action, suits sums of
money, contracts, controversies, agreements, promises, damages,
judgements, claims and demands whatsoever in law and equity which
Envirotest had, has now or in which Envirotest can, shall, or may
have for, upon or by reason of the Contract or the Safety Contract,
including claims sounding in contract, tort, quantum meruit or
unjust enrichment, quasi-contract, or arising under any statute or
regulation, through the date of execution of this Agreement, except
any claims as may be related to the penalties exempt from the
State's release of Envirotest as set forth in the second paragraph
of Paragraph 3.
5. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Connecticut. Any action to enforce the provisions of this
agreement, or seeking relief for breach of its terms, shall be
brought in the Superior Court within the State of Connecticut.
6. FURTHER ASSURANCES
The State and Envirotest both agree that, without the receipt of
further consideration, they will sign and deliver any documents and
do anything else that is reasonable and necessary in the future to
make the provisions of this Agreement effective.
7. OTHER AGREEMENTS AND CONFLICTS
This agreement is effective upon signing by the Parties. If there
is a conflict between this agreement and the Second Amendment to
the Contract, the Second Amendment to the Contract shall prevail,
and if there is a conflict between this agreement and the First
Amendment to the Safety Contract, the First Amendment to the Safety
Contract shall prevail.
<PAGE>
7 of 7
IN WITNESS WHEREOF, I voluntarily and without coercion set my hand and seal
this 8th day of May, 1998, as my free act and deed.
ENVIROTEST SYSTEMS CORP.
By /s/ [ILLEGIBLE]
------------------------------------
Duly Authorized
Subscribed and sworn to before me this 8th day of May, 1998.
/s/ [ILLEGIBLE]
---------------------------------------
Commissioner of the Superior Court
IN WITNESS WHEREOF, I voluntarily and without coercion set my hand and seal
this 8th day of May, 1998, as my free act and deed.
STATE OF CONNECTICUT
DEPARTMENT OF MOTOR VEHICLES
By /s/ Jose O. Salinas
------------------------------------
Jose 0. Salinas, Commissioner
Duly Authorized
Subscribed and sworn to before me this 8th day of May, 1998.
/s/ John Yaravone
---------------------------------------
Commissioner of the Superior Court
<PAGE>
STATE OF CONNECTICUT
[LOGO] DEPARTMENT OF MOTOR VEHICLES [LOGO]
60 STATE STREET WETHERSFIELD, CONNECTICUT 06161-0001
Michael W. Koziowsk,
Commissioner CERTIFIED MAIL
February 9, 1996
Envirotest Systems Corporation
2002 N. Forbes Blvd.
Tucson, Arizona 85745
Attention: President and CEO
Dear Sir:
In accordance with the provisions of the Contract, Exhibit E, Section 12.0,
this is to inform you of my decision, as State Representative, in the matter
of the financial issues associated with the continuing performance by
Envirotest of an idle vehicle emissions inspection procedure, as distinct
from the I/M 240 procedure specified by the Contract, savings to Envirotest
arising out of noncompletion of facilities and lanes, and non performance of
other contract commitments.
As stated in my letter dated December 28, 1995, the position of the
Department of Motor Vehicles (hereinafter the "DMV") is that the performance
of the current test has resulted in substantial savings to Envirotest,
inasmuch as the provisions of the Contract establishing the price per test,
as well as other provisions defining Envirotest's scope of responsibility for
the enhanced program were negotiated with the expectation that I/M 240 would
be administered in a 26-station, 92-lane network.
The savings to Envirotest claimed by the DMV have been set forth in detail in
a report entitled "Estimated 1995 Cost Savings by Envirotest Systems Corp.
January 1996," prepared by DMV staff and DMV's independent financial
consultant. The report was furnished to representatives of your firm at a
meeting on January 5, 1996. Thereafter, you and your representatives met
with my staff and advisors on January 11th and 12th, and again on January
22nd, 23rd and 24th in Hartford for the purpose of resolving this dispute.
In addition to these meetings, there have been numerous telephone
communications between our representatives.
Since the parties have been unable to dispose of this dispute by means of
consultations within thirty days of my request for consultation, dated
December 28, 1995, as required by Exhibit E, Section 12.0, this letter shall
constitute my decision with respect to this dispute. In this regard, I have
had available to me for my review the Contract, the contents of the
above-cited report, all documentary materials submitted by Envirotest, and
all correspondence between the DMV and Envirotest. My decision is that
Envirotest has accrued certain savings reason of its nonperformance of
enhanced testing, as well as related contract requirements, as follows:
<PAGE>
Envirotest Systems Corporation
February 9, 1996
Page 2
<TABLE>
<S> <C>
1. Savings due to Non-Completion of Facilities/Lanes $1,937,000
2. Cost Savings Due to Performance of Lesser Test $ 238,000
3. Cost Savings Due to Non-Performance of other
Contract Commitments $ 255.000
----------
$2,430,000
</TABLE>
The above total does not include additional operating savings such as
maintenance and spare usage arising out of the idle test as distinct from
performance of a loaded mode test, and labor cost savings. The above totals
are for calendar year 1995, and will continue to accrue during 1996, and
thereafter, until such time as the entire station/lane configuration
specified by the Contract is operational and IM/240 testing (or other
enhanced test procedure as may be agreed and established) is administered by
Envirotest to all eligible 1981 and newer model year vehicles. The amounts
stated do not address or include potential claims of the DMV for certain
operational problems and deficiencies that have been made known to
Envirotest, some of which may result in the imposition of penalties
authorized pursuant to Exhibit E, section 20.0.
The report also identified certain departures from the Contract
specifications. In more detail, the actions still required and directed
dates for completion are as follows:
1. WAIT TIME SYSTEM - ALL STATIONS. A fully functional wait time system
meeting all Contract specifications must be installed within thirty (30)
days. Reference is made to Exhibit E, section 18.0 concerning the
functional requirements and measurement capabilities of the system.
2. CUSTOMER WAIT AREA SAFETY - ALL STATIONS. The potential hazard to
customers from gasses used or present during operations must be eliminated.
A plan must be submitted to DMV within two (2) weeks detailing the
corrective measures that will be taken.
It is my decision that unless these deficiencies are finally remedied within
the time frames indicated the DMV may proceed to avail itself of any and all
remedies provided in the Contract.
Sincerely,
/s/ Michael W. Kozlowski
Michael W . Kozlowski
Commissioner
<PAGE>
Envirotest Systems Corporation
February 9, 1996
Page 3
cc: Mr. Joseph McKeon via Certified Mail
CT Vehicle Inspection Program
Envirotest Corporation
60A Weston Street
Hartford, CT 06120
Mr. Jeffrey Barth via Certified Mail
CT Vehicle Inspection Program
Envirotest Corporation
60A Weston Street
Hartford, CT 06120
Mr. Dane Kosten, Esq.
Levy & Droney, P.C.
74 Bafterson Park Road
P.O. Box 887
Farmington, CT 06034-0887
<PAGE>
ADDITIONAL TERMS AND CONDITIONS
OF
SECOND AMENDMENT TO CONTRACT BETWEEN THE STATE OF
CONNECTICUT AND ENVIROTEST SYSTEMS CORP. FOR THE
ESTABLISHMENT AND OPERATION OF MOTOR VEHICLE INSPECTION
PROGRAM FACILITIES FOR THE STATE CONNECTICUT, DATED APRIL 14,
1994, AS AMENDED BY AMENDMENT EFFECTIVE OCTOBER 22,1997
1. All words and phrases in this amendment which are capitalized shall have
the meanings stated in Exhibit B of the Contract. As used herein, "Contract"
means the Contract, as amended by the amendment effective October 22, 1997
and as amended by this amendment. As used herein, "First Amendment" means
the amendment to the Contract effective October 22, 1997.
2. Contractor will provide and pay for an additional six (6) four-wheel
drive dynamometers as follows: two (2) in the Darien facility and one (1)
each in the Taftville/Norwich facility, the Danbury facility, East Windsor
facility and the Bridgeport facility. The Contractor will add an additional
six (6) four-wheel drive dynamometers into those lanes identified and
mutually agreed to by the State and Contractor. Four-wheel drive dynamometer
procurement and installation will begin within thirty (30) days after the
effective date of this agreement and will be
- 1 -
____DMV
____ENV
<PAGE>
completed in all lanes May 31, 1999 subject unless the State agrees to an
extension to time. The Contractor agrees to provide to the State a monthly
report on its installation progress. The provisions of this subparagraph (b)
are subject to the provisions of Section 3.0 of Exhibit E of the Contract.
3. Exhibit C, page 4, of the Contract regarding the description of the
network sites and facilities was replaced in its entirety by a table set out
as Exhibit B to the First Amendment. This replacement table is deleted in
its entirety and in place of such table is substituted the table set out in
the Exhibit A attached to this amendment.
4. Section 9.0 of Exhibit C of the Contract, which is set forth in the
First Amendment is hereby deleted in its entirety and replaced with the
following:
"9.0 NETWORK AND FACILITIES
Contractor shall provide equipment and properly staff and operate a
network of twenty-five (25) stations. The Contractor shall not be required
to construct or operate a facility in Fairfield County other than the
facilities set forth in Exhibit A to this amendment.
However, the Contractor agrees to build, equip and pay for five (5)
additional lanes all of which are reflected in Exhibit A to this amendment so
that the total number of lanes after the lanes have been built will be 92.
If for any reason or
- 2 -
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____ENV
<PAGE>
cause unforeseen the building of any of such lanes is not feasible or not
permitted, the Contractor may with the approval of the State add lanes at
other stations to achieve the total of five (5) new lanes.
By no later than January 31, 1999, (but subject to the provisions of
Section 3.0 of Exhibit E of the Contract) unless the State agrees in writing
to extend such time, if any of such additional lanes are not operational or
in substantial progress (other than the Taftville lane which shall be
operational or in substantial progress by May 31, 1999), the State has the
right to seek equitable adjustment in the test fee set forth in paragraph 12
of the First Amendment, which test fee has been agreed to, in part, on the
basis of Contractor's operation of a 92 lane network, so long as in the
determination of such equitable adjustment, all network and operation issues
relating to incremental expenditures undertaken by Contractor in performance
of the Contract are taken into account if such expenditures arise out of the
absence of the Lanes.
5. Section 13.0 of Exhibit C of the Contract, which is set forth in the
First Amendment, is hereby deleted in its entirety and replaced with the
following:
"13.0 SERVICE TO THE PUBLIC
For the purposes of Exhibit C, section 11.0, of the Contract, (as
contained in paragraph 21 of the First Amendment) the station and all Lanes
at:
- 3 -
____DMV
____ENV
<PAGE>
(a) Taftville/Norwich shall be excluded from all wait time calculations
and standards for so long as safety inspections are performed by the
Contractor at that station, but only until the additional lane in
Taftville/Norwich as set forth in Paragraph 2 of this Amendment has been
completed and has been operational for fifteen (15) days; and
(b) Darien and Norwalk shall be excluded from all wait time
calculations and standards until such time as the three (3) additional lanes
at the Darien facility as set forth in Paragraph 2 of this Amendment have
been operational for fifteen (15) days.
If, despite good faith efforts by Contractor, twelve (12) months after the
effective date of this amendment either the Taftville/Norwich facility or the
Darien facility has not been or is not in the process of being permitted or
zoned for a three (3) lane facility for Taftville/Norwich or a eight (8) lane
facility in Darien, the parties agree to then negotiate in good faith a
mutually acceptable amended wait time calculation and standard to be
applicable to the Norwalk and/or Darien stations not then completed. If no
such agreement is reached between the parties, then at the written request of
either party, the matter shall be resolved in accordance with the provisions
of Section 12.0 of Exhibit E of the Contract.
These exclusions shall not relieve the Contractor of responsibility to
continue to use reasonable efforts to avoid habitual and excessive delays at
the above-mentioned facilities; to maintain an operational wait time system
at the facilities, in
- 4 -
____DMV
____ENV
<PAGE>
accordance with Exhibit C, section 11.0 of the Contract (as contained in
paragraph 21 of the First Amendment) to comply with section 3.K.6 of the
Technical Specifications; and to keep the public entering the facilities
informed as to estimated wait times, as provided by the Contract. With
respect to all other facilities and Lanes, the provisions of Exhibit E,
sections 18.0 and 19.0, of the Contract shall remain in full force and
effect."
6. In the event that payment is due the Contractor for termination of the
Contract for any reason whatsoever, the payment to the Contractor for the
buildings constructed and the equipment purchased to carry out the terms of
this amendment shall be calculated on the basis that the completion date for
such was July 1, 1995.
7. The Contract is hereby supplemented by the addition of the following
Section Exhibit E of the Contract
"30.0 PENALTY ASSESSMENT
In the event that the State intends to assess against the Contractor any
penalties, including but not limited to, wait time penalties as set forth in
Section 18.0 of Exhibit E of the Contract or penalties for improper
inspections as set forth in Section 20.0 of Exhibit E of the Contract, the
State shall give the Contractor 14 days' notice of such intent. During such
14 day period, if the Contractor gives notice to the State, the Contractor and
the State shall meet to discuss and try to determine the
- 5 -
____DMV
____ENV
<PAGE>
validity of the penalties. The State shall not have the right to withhold
any fees or payments due the Contractor until the end of such 14 day period.
8. All Provisions of the Contract not specifically amended or superseded by
the provisions of this amendment shall remain in full force and effect.
9. This amendment shall not become effective unless and until
(a) it is approved as to form by the Office of the Attorney General of
the State of Connecticut; and
(b) an amendment to the safety contract between the parties is executed
and takes effect concurrent with this amendment.
- 6 -
____DMV
____ENV
<PAGE>
EXHIBIT A
Assignment of Emissions Sites
<TABLE>
<CAPTION>
Site No. Address Number of Lanes
- --------------------------------------------------------------------------
<S> <C> <C>
1 Norwalk Station* 2
6 Willard Road
Norwalk, CT 06851
2 Danbury Station 5
14 Plumtrees Road
Danbury, CT 06810
3 Waterbury Station 4
2038 Thomaston Avenue
Waterbury, CT 06720
4 Winsted Station 2
154 Torrington/Winsted Rd.
Winchester, CT 06098
5 Stratford Station 5
885 Woodend Road
Stratford, CT 06497
6 North Haven Station 7
25 Stillman Road
North Haven, CT 06851
7 Willington Station 2
81 River Road
Willington, CT 06279
8 Farmington Station 4
1536 New Britain Avenue
Farmington, CT 06032
9 Middletown Station 2
1885 S. Main St. (Rt. 17)
Middletown, CT 06457
10 Old Saybrook Station 2
5 Custom Park Drive
Old Saybrook, CT 06475
11 Brooklyn Emissions Station 2
15 South Main Street
Brooklyn, CT 06234
12 East Hartford Station 4
160 Tolland Turnpike
East Hartford, CT 06108*
13 Groton Station 2
479 Gold Star Hwy. (Rt. 184)
Groton, CT 06340
</TABLE>
<PAGE>
<TABLE>
<CAPTION>
Site No. Address Number of Lanes
- --------------------------------------------------------------------------
<S> <C> <C>
14 East Windsor Station 3, plus 1 to be constructed*
North Road (Rt. 140) Road
East Windsor, CT 06088
15 Taftville/Norwich Station 2, plus 1 to be constructed*
520 Norwich Avenue
Taftville, CT 06380
16 Bloomfield Station 3
110 Granby Street
Bloomfield, CT 06002
17 Newington Station 4
261 Pascone Place
Newington, CT 06111
18 Darien Station 5, plus 3 to be constructed*
I-95 Southbound
Darien, CT 06820
19 Beacon Falls Station 2
37 Lancaster Drive
Beacon Falls, CT 06403
20 Bridgeport Station 7
44 River Street
Bridgeport, CT 06604
21 Thomaston Station 3
401 McMahon Drive
Thomaston, CT 06787
22 Manchester Station 5
161 Sheldon Road
Manchester, CT 06045
23 Southington Station 5
64 Robert Porter Road
Southington, CT 06489
24 East Lyme Station 3
15 Capitol Drive
East Lyme, CT 06333
25 North Windham Station 2
4 Commerce Drive
North Windham, CT 06256
</TABLE>
*See section 9.0 of Exhibit C of the Contract as amended.
<PAGE>
ADDITIONAL TERMS AND CONDITIONS
OF
FIRST AMENDMENT TO PERSONAL SERVICE AGREEMENT BETWEEN THE
STATE OF CONNECTICUT AND ENVIROTEST SYSTEMS CORP. FOR THE
MOTOR VEHICLE SAFETY INSPECTIONS EFFECTIVE OCTOBER 25,1996
1. All words and phrases in this amendment which are capitalized shall have
the meanings stated in the Agreement unless defined herein. As used herein,
"Agreement" means the Personal Service Agreement effective October 25, 1996,
amended by this amendment.
2. Paragraph 3 of the Agreement is deleted in its entirety and replaced with
following:
"3 VOLUME OF INSPECTIONS
Subject to the next sentence, there will be no volume guarantee or fee
adjustment based on volume for the remainder of the term of the Safety
Contract. All initial tests (except tests on certain classes of vehicles to
be agreed upon by the State and the Contractor and which are in a deminimis
number) for safety performed in the State will be performed by the
Contractor. The State and the
1
____DMV
____ENV
<PAGE>
Contractor will agree on a schedule for the phasing out of the State performing
the initial safety tests. The State may at its sole option continue to perform
retests on any vehicles failing a safety inspection.
3. Paragraph 14 of the Agreement is deleted in its entirety and replaced with
following:
"14 PAYMENT TO CONTRACTOR
In consideration of the services performed by the Contractor under this
Agreement, DMV agrees to pay the Contractor at the following rates per each
completed inspection for which the fee is collected:
1998 $13.42
1999 13.89
2000 14.38
2001 14.88
2002 15.40
The Contractor may submit invoices stating the number of inspections
performed during a specified period of time and the total amount due. Such
invoices may be submitted not more frequently than once per month, in
arrears, to the attention of DMV Fiscal Services Office. DMV shall cause
such invoices to be paid promptly in accordance with existing State of
Connecticut payment procedures but in no
2
____DMV
____ENV
<PAGE>
event more than (30) thirty days after submission, subject to the provisions
of the following paragraph No. 15, regarding the responsibility of the
Contractor to substantiate any discrepant inspections and/or amounts."
4. Paragraph 4 of the Agreement is deleted in its entirety and replaced with
following:
"4 FACILITIES
Contractor commits to perform inspections at specially designated and
equipped safety lanes at designated emissions inspection stations, in
accordance with the following list:
<TABLE>
<CAPTION>
STATION NO. OF LANES
------- ------------
<S> <C>
North Haven* 3
Manchester 2
Southington 2
Bridgeport* 3
Norwalk 0
Thomaston 1
North Windham 1
Taftville/Norwich* 2
East Lyme 1
Waterbury* 2
Danbury* 2
Darien* 3
See ** below 1
--
Total 23
</TABLE>
* One emission lane to be converted to emission/safety for a total of six (6)
additional emissions lanes that will now be doing safety also.
** One additional lane will be converted to safety at a location to be agreed
to by the parties.
3
____DMV
____ENV
<PAGE>
At any time during the term either party may require changes in the above
network, including net increases or reductions with respect to the size of
the network. Any such changes shall be made by Change Order in accordance
with the provisions of Paragraph No. 29 and shall contain such terms,
conditions and schedules as may be agreed. It is understood that any such
Change Order shall include provisions for financial adjustments and payments
as may be warranted by change in the size of the network and costs or cost
savings resulting therefrom.
All safety inspection lanes shall be used for both emissions and safety
testing at Envirotest's discretion; however, Envirotest will use its best
efforts to assure that customers seeking a safety inspection will be accorded
priority in those lanes designated for safety over those customers seeking
only an emissions inspection. The Contractor will take reasonable steps,
including adequate signage and positioning of traffic control devices or
barriers, to ensure that vehicles requiring safety inspections are directed
to the correct lane or lanes.
Existing lanes to be equipped for safety inspections shall be operational
no later than October 1, 1998, subject to extension of time for events beyond
the control of the Contractor."
4
____DMV
____ENV
<PAGE>
5. The following paragraph shall be added at the end of Paragraph 6 of the
Agreement:
"The State shall review its safety inspection standards and procedures for
passenger motor vehicles, in order to ascertain whether a more expedited
procedure can be implemented, consistent with applicable laws and
regulations. If such changes are approved, the Contractor shall be permitted
to amend its inspection procedures accordingly."
6. The following paragraph shall be added at the end of Paragraph 8 of the
Contract:
"So long as the Contract remains in effect, the Contractor at its own expense
will staff the seven (7) additional safety lanes added by Paragraph 2 of this
Agreement."
7. Paragraph 10 of the Agreement is modified by the following being added
as a separate paragraph at the end:
"Within 120 days of the effective date of this amendment, the Contractor
agrees to provide all customers failing the brake test component of the
safety inspection procedure with the percentage results of each wheel printed
on the vehicle safety inspection report."
8. Paragraph 16 of the Agreement is modified by adding the following
paragraph between the first and the second paragraph:
5
____DMV
____ENV
<PAGE>
"If the State exercises its right to terminate this Contract for
non-appropriation of funds, as set forth in this Paragraph 16, the effective
date of termination will be not sooner than June 30, 1999."
9. Paragraph 34 is added to the Agreement as follows:
"34. WAIT TIME INFORMATION
The Contractor will keep the public entering the stations for safety
inspections informed as to the general requirements of safety inspections,
inclusive of wait times and other information as agreed to by both parties.
The system providing such information shall be operational no later than 90
days after the effective date of this amendment."
10. All provisions of the Amendment not specifically amended or superseded
by the provisions of this amendment shall remain in full force and effect.
11. This amendment shall not become effective unless and until
(a) it is approved as to form by the Office of the Attorney General of
the State of Connecticut; and
(b) an amendment to the emissions contract between the parties is
executed and takes effect concurrent with this amendment.
6
____DMV
____ENV
<PAGE>
B-111-5B COMMONWEALTH OF KENTUCKY 06/09/98
FINANCE AND ADMINISTRATION CABINET
PAGE: 1
AOC IN PROCESS: 00 NOTICE OF AWARD OF PRICE CONTRACT PCT NO.: BP010138
AOC POSTED : 00
PRICE CONTRACT DESCRIPTION: VEHICLE INSPECTION
BUYER: MIKE ABELL REQUISITION NO.: RQ028284
_______VENDOR____________ PROPOSAL NO.: IT008985
AUTHORITY:
ENVIROTEST SYSTEMS CORP OPTION TO RENEW: Y
246 SOBRANTE WAY EFFECTIVE DATE: 07 01 1998
EXPIRATION DATE: 06 30 2008
SUNNYVALE CA 94086 DELIVERY: 00 DAYS
_________________________ TERMS: NET
VENDOR ID: 060914220
VENDOR PHONE: 408 774 6300
AGENCY: AIR QUALITY, DIVISION OF-NATURAL RESCS.
NATURAL RESOURCES & ENVIRONMENT. CABINET
IN ACCORDANCE WITH KRS 45A.085 AND THE TERMS, CONDITIONS AND SPECIFICATIONS
CONTAINED IN THE OFFER SUBMITTED BY YOU ON THE ABOVE PROPOSAL NO. AND HEREBY
MADE PART OF THIS CONTRACT, YOU ARE AWARDED THIS PRICE CONTRACT TO FURNISH THE
ITEMS OR SERVICES LISTED BELOW AS MAY BE REQUIRED FOR USE BY THE AGENCY(IES),
AS SHOWN ABOVE, DURING THE PERIOD INDICATED.
<TABLE>
<CAPTION>
- --------------------------------------------------------------------------------
ITEM
NO. SCOPE OF CONTRACT
- --------------------------------------------------------------------------------
<S> <C>
0001 0961 0360000 00
THIS IS A PRICE CONTRACT FOR THE PROVISION AND OPERATION OF AN
IMPROVED BASIS VEHICLE INSPECTION MAINTENANCE PROGRAM IN BOONE,
CAMPBELL, AND KENTON COUNTIES IN KENTUCKY, AND SPECIFICALLY FOR THE
PROVISION AND OPERATION OF A VEHICLE EMISSIONS TESTING FACILITY IN
EACH OF THE THREE COUNTIES IN ACCORDANCE WITH THE REQUIREMENTS OF
IT008985.
CONTROLLING DOCUMENTS FOR THIS CONTRACT IN ORDER OF PRECEDENCE:
1) REQUEST FOR PROPOSAL IT008985 AS AMENDED BY ADDENDUM 1 DATED
SEPTEMBER 30, 1997, ADDENDUM 2 DATED OCTOBER 22, 1997 AND
ADDENDUM 3 DATED NOVEMBER 12, 1997. IT IS SPECIFICALLY NOTED
THAT ADDENDUM 1'S QUESTION 42 AND THE RESPONSE THERETO ARE
INCORPORATED INTO THIS CONTRACT.
</TABLE>
<PAGE>
B-111-5B COMMONWEALTH OF KENTUCKY 06/09/98
FINANCE AND ADMINISTRATION CABINET
PAGE: 2
PRICE CONTRACT CONTINUATION SHEET
PCT NO.: BP010138
<TABLE>
<CAPTION>
- --------------------------------------------------------------------------------
ITEM
NO. SCOPE OF CONTRACT
- --------------------------------------------------------------------------------
<S> <C>
2) ENVIROTEST SYSTEM'S TECHNICAL AND COST PROPOSALS DATED NOVEMBER
13, 1997 AS AMENDED BY THE COMPANY'S BEST & FINAL OFFER DATED
DECEMBER 29, 1997, ITS AMENDED RESPONSE DATED MARCH 20, 1998,
AND CORRESPONDENCE DATED APRIL 30, 1998, AND MAY 19, 1998
(ATTACHED).
3) COSTS FOR THIS CONTRACT ARE $17.78 PER VEHICLE TEST.
0002 0961 0360000 00
CMAQ FUNDS IN THE AMOUNT OF ONE MILLION DOLLARS ($1,000,000.00), AS
REFERENCED IN SECTION 70.000 C. AND QUESTION 46 OF ADDENDUM 1 DATED
SEPTEMBER 30, 1997, WILL BE PAID TO THE CONTRACTOR MONTHLY UPON
RECEIPT BY THE NREPC'S DIVISION OF AIR QUALITY OF PROPERLY SUBMITTED
INVOICES DOCUMENTING PAID CONTRACTOR CONSTRUCTION PROGRESS PAYMENTS.
THE CMAQ PAYMENTS WILL EQUAL EIGHTY PERCENT (80%) OF THE
CONTRACTOR'S PAID CONSTRUCTION PROGRESS PAYMENTS, UP TO THE AGREED
UPON $1,000,000.
TERMS:
5) SECTION 40.220 OF THE RFP IS CLARIFIED BY THE ADDITION OF THE
FOLLOWING AT THE END OF THAT SECTION:
5. THE PROCEDURE FOR TERMINATION AND THE PROCEDURE FOR CLAIMS
PURSUANT TO THIS SECTION 40.220 SHALL BE AS SET FORTH IN
SECTION 40.270 AND 40.280, WITH THE EXCEPTION THAT A
TERMINATION FOR DEFAULT OF THE CONTRACTOR SHALL BE GOVERNED
BY SECTION 40.230.
6) SECTION 40.230 OF THE RFP IS CLARIFIED BY ADDING THE FOLLOWING
PARAGRAPH AT THE END OF THAT SECTION:
THE COMMONWEALTH, PRIOR TO DECLARING A DEFAULT, AGREES TO
PROVIDE THE CONTRACTOR WITH WRITTEN NOTICE OF THE CONTRACT TERMS
BREACHED AND A PERIOD OF UP TO 30 DAYS TO CURE SUCH DEFAULT
</TABLE>
<PAGE>
B-111-5B COMMONWEALTH OF KENTUCKY 06/09/98
FINANCE AND ADMINISTRATION CABINET
PAGE: 3
PRICE CONTRACT CONTINUATION SHEET
PCT NO.: BP010138
<TABLE>
<CAPTION>
- --------------------------------------------------------------------------------
ITEM
NO. SCOPE OF CONTRACT
- --------------------------------------------------------------------------------
<S> <C>
OR SUCH LONGER PERIOD AS MAY BE NECESSARY SO LONG AS THE
CONTRACTOR IS USING ITS BEST EFFORTS TO CURE THE DEFECT.
7) SECTION 45.100 OF THE RFP IS CLARIFIED BY ADDING THE FOLLOWING
AT THE END OF THAT SECTION:
UPON SATISFACTION BY THE CONTRACTOR OF THE CONDITIONS STATED
ABOVE, THE COMMONWEALTH SHALL:
A. PAY THE CONTRACTOR FOR ALL CONTRACTOR OWNED LAND ACQUIRED BY
THE COMMONWEALTH PURSUANT TO THIS SECTION IN AN AMOUNT EQUAL
TO THE FAIR MARKET VALUE OF THE LAND. FOR THE PURPOSES OF
THIS SECTION 45.100, "FAIR MARKET VALUE" SHALL BE THE
AVERAGE OF TWO APPRAISALS AS DETERMINED BY ONE INDEPENDENT
APPRAISER SELECTED BY THE COMMONWEALTH AND A SECOND
INDEPENDENT APPRAISER SELECTED BY THE CONTRACTOR: PROVIDED,
THAT IF THE APPRAISALS DIFFER BY MORE THAN 10% AS TO ANY
PARTICULAR PROPERTY, THE PARTIES AGREE TO ABIDE BY THE
DETERMINATION OF A THIRD APPRAISER, SELECTED BY THE TWO
APPRAISERS AND MUTUALLY ACCEPTABLE TO THE COMMONWEALTH AND
THE CONTRACTOR, WITH RESPECT TO ANY SUCH PROPERTY. THE
APPRAISAL PROCESS SHALL BE COMPLETED NOT LATER THAN THIRTY
(30) DAYS AFTER THE END OF THE FULL CONTRACT TERM OR WITHIN
NINETY (90) DAYS AFTER THE EFFECTIVE DATE OF AN EARLIER
TERMINATION.
B. ASSUME ALL OBLIGATIONS OF THE CONTRACTOR UNDER ALL LEASES
AND UNCOMPLETED AGREEMENTS ACQUIRED BY THE COMMONWEALTH AND
ASSIGNED BY THE CONTRACTOR, AND ARISING OUT OF THE
COMMONWEALTH'S CONTINUED OPERATION OF THE INSPECTION
FACILITIES.
C. PAY THE CONTRACTOR ITS BOOK VALUE FOR ALL EQUIPMENT,
BUILDINGS, IMPROVEMENTS TO LAND, SYSTEM HARDWARE AND
SOFTWARE, INCLUDING ALL
</TABLE>
<PAGE>
B-111-5B COMMONWEALTH OF KENTUCKY 06/09/98
FINANCE AND ADMINISTRATION CABINET
PAGE: 4
PRICE CONTRACT CONTINUATION SHEET
PCT NO.: BP010138
<TABLE>
<CAPTION>
- --------------------------------------------------------------------------------
ITEM
NO. SCOPE OF CONTRACT
- --------------------------------------------------------------------------------
<S> <C>
SPARE PARTS, CONVEYED, TRANSFERRED, AND ASSIGNED.
D. PAY THE CONTRACTOR ITS COST FOR ALL SUPPLIES CONVEYED,
TRANSFERRED, AND ASSIGNED.
*************************CONTRACT PERIOD******************************
THIS CONTRACT WILL BE FOR THE PERIOD OF TEN (10) YEARS WITH AN
OPTION TO RENEW FOR AN ADDITIONAL TWO, ONE YEAR PERIODS, ALL PARTIES
CONCURRING.
</TABLE>
IN WITNESS WHEREOF, THE COMMONWEALTH OF KENTUCKY, FINANCE AND ADMINISTRATION
CABINET, THE DIVISION OF PURCHASES AND THE REPRESENTATIVE, AS AUTHORIZED AGENT
FOR THE CONTRACTOR, HAVE HEREUNTO SUBSCRIBED THEIR NAMES ON THE DAY AND DATE
FIRST ABOVE WRITTEN.
COMMONWEALTH OF KENTUCKY CONTRACTOR
SIGNED: /s/ [ILLEGIBLE] 6-18-98 ENVIROTEST SYSTEMS CORP.
----------------------------- ------------------------------
PURCHASING OFFICER NAME OF CONTRACTOR
BY: /s/ [ILLEGIBLE]
--------------------------
SIGNATURE
APPROVED: /s/ [ILLEGIBLE] VICE PRESIDENT, TREASURER
----------------------------- ------------------------------
AUTHORIZED AGENT, TITLE
FINANCE AND ADMINISTRATION CABINET
<PAGE>
B111-18 COMMONWEALTH OF KENTUCKY
REV. 02/92 FINANCE AND ADMINISTRATION CABINET
DIVISION OF PURCHASES
ADDENDUM NO. 1
INVITATION NO: IT008985 AOC DATE: 09/30/97
AOC ID: CO021967 OPENING DATE: 10/01/97
BID TITLE: VEHICLE INSPECTION PROGRAM
REASON FOR CHANGE:
EXTEND OPENING DATE. ADDITION OF QUESTIONS AND ANSWERS. DELETION OF
TERMS.
The opening date has been changed to read: 10/30/97
The terms have been changed as follows:
SECTION 31.700
DELETE "CABINET POLICIES".
SECTION 33.400
DELETE REFERENCES TO GASES, OTHER THAN SPAN GASES.
SECTION 34.000, ET. AL.
DELETE REFERENCES TO REQUIREMENTS RELATED TO THE IM240
PROCEDURE.
(continued on next page)
* Bidder must acknowledge receipt of this and any addenda, either with bid or
by separate letter. Acknowledgement must be received in the office of the
Division of Purchases, New Capitol Annex Building, Frankfort, Kentucky not
later than 4:30 P.M. EDT on 10/30/97. If by separate letter, the following
information must be placed in the lower left hand corner of the envelope:
Invitation No: IT008985
for: VEHICLE INSPECTION PROGRAM
Opening Date: 10/30/97
By NANCY HAGGERTY /s/ Nancy Haggerty
Authorized Agent, Division of Purchases
Receipt acknowledge
---------------------------------------------------------
Firm
By
----------------------------------------
Authorized Agent
* NOTE: One copy of this form must be signed and returned
<PAGE>
B111-18 COMMONWEALTH OF KENTUCKY
REV. 02/92 FINANCE AND ADMINISTRATION CABINET
DIVISION OF PURCHASES
ADDENDUM NO. 1
INVITATION NO: IT008985 DATE: 10/01/97
AOC ID: CO021967 PAGE: 2
SECTION 20.200, FIRST PARAGRAPH, THIRD LINE:
NUMBER OF VEHICLES SHOULD BE 258,331
ADD QUESTIONS AND ANSWERS TO RFP.
<PAGE>
ADDENDUM TO IT008985
VEHICLE INSPECTION PROGRAM
Question 1. Section 10.300 - Schedule of Events
The schedule anticipates a proposal submission deadline of
10/1/97. We would request an extension of that deadline to
11/1/97?
THE IMPLEMENTATION SCHEDULE HAD BEEN REVISED FOR OFFERORS TO
SUBMIT PROPOSALS BY OCTOBER 30, 1997.
REVISED IMPLEMENTATION SCHEDULE
8-29-97 ISSUANCE OF RFP
9-10-97 OFFEROR'S CONFERENCE
10-30-97 PROPOSAL SUBMISSION DEADLINE
11-10/14-97 ORAL PRESENTATIONS
11-21-97 NEGOTIATIONS CLOSED AND SUCCESSFUL
PROPOSAL SELECTED
12-30-97 EFFECTIVE DATE OF CONTRACT (PHASE I
BEGINS)
8-17/21-98 ACCEPTANCE TEST PROCEDURE CERTIFICATION
PERIOD
9/98 AUTHORIZATION TO OPERATE INSPECTION STATIONS
ISSUED BY DAQ
11-1-98 PHASE II BEGINS (TESTING OF VEHICLES WITH
1-31-99 REGISTRATION RENEWAL DEADLINES)
1-01 IMPLEMENT FINAL CUT POINTS
4-1-07 ISSUE RFP FOR NEW CONTRACT TO OPERATE PROGRAM
12-31-07 CONTRACT AWARDED UNDER THIS RFP EXPIRES
Question 2. Section 10.300 - Schedule of Events
The Phase II testing (schedule) is somewhat aggressive. Would the
Cabinet consider:
(a) A phased in inspection start-up?
ALL STATIONS MUST BE OPEN AND TESTING VEHICLES BY THE BEGINNING
OF PHASE II.
(b) A 12-month Phase I?
THE DIVISION HAS EXTENDED PROGRAM IMPLEMENTATION TO TEN (10)
MONTHS.
1
<PAGE>
Question 3. Section 10.600 - Offeror's Conference
Will a transcript of the Offeror's conference be taken and will
it be incorporated into the RFP?
QUESTIONS SUBMITTED IN WRITING AND THOSE POSED AT THE OFFEROR'S
CONFERENCE WILL RECEIVE A RESPONSE BY THE DIVISION FOR AIR
QUALITY AND THE DIVISION OF PURCHASES. THE RESPONSES WILL BECOME
AN ADDENDUM TO THE RFP.
Question 4. Section 20.100
Is a tape of the registration database for the affected are
available, what is the cost, and in what format is it available?
A TAPE OF THE REGISTRATION DATABASE IS CURRENTLY UNAVAILABLE. A
REPORT PROVIDED BY THE DEPARTMENT OF INFORMATION SYSTEMS IS
ATTACHED (APPENDIX A-1). THIS INFORMATION SUPPLEMENTS APPENDIX A.
Question 5. Section 20.100
Will the contractor be required to mail a separate notice or may
the notice be included with the Registration notices sent out by
the County Clerk?
THE CONTRACTOR SHALL MAIL A NOTICE SEPARATE TO THAT OF THE
REVENUE CABINET.
Question 6. Section 20.200 - Network Design
What enforcement measures are in place (KRS) which will not allow
vehicle owners to register their vehicles outside the program
area?
THE REGULATIONS RELATED TO VEHICLE REGISTRATION AND ENFORCEMENT
CAN BE FOUND IN KENTUCKY REVISED STATUTES, CHAPTERS 186, 186A,
AND 189. THE DIVISION FOR AIR QUALITY WILL MONITOR REGISTRATION
DATA TRENDS AND EVALUATE COUNTER MEASURES IF REGISTRATION FLIGHT
BECOMES ACUTE. AFFIDAVITS EXECUTED BY COUNTY CLERKS FOR THE
PURPOSE OF VEHICLE REGISTRATIONS OUTSIDE THE PROGRAM AREA WILL BE
FORWARDED TO THE DIVISION FOR VERIFICATION.
2
<PAGE>
Question 7. Section 30.000 2.a
Radius versus driving distance, possible use of average driving
distance?
THE DIVISION FOR AIR QUALITY IS SATISFIED WITH ITS REQUIREMENT
FOR A PERCENTAGE OF THE POPULATION WITHIN THE 5 MI., 10 MI., AND
15 MI. RADIUS. AN OFFEROR, HAVING ADDRESSED THIS RFP REQUIREMENT,
MAY ALSO OFFER AN ALTERNATIVE.
Question 8. Section 30.000, Phase II (2)
Could the Commonwealth please provide sample compliance and
exemption certificates?
YES (SEE ATTACHED APPENDIX B). HOWEVER, THE OFFERORS ARE
ENCOURAGED TO PROPOSE ALTERNATIVES. SEE SECTION 31.500 - FORMS,
OF THE RFP.
Question 9. Section 31.200, (D) 3.
Would the Commonwealth allow some queuing lanes to be less than
150 feet in length as long the total queuing length for all lanes
at a test station met the requirement?
THE DIVISION FOR AIR QUALITY PREFERS QUEUING LANES TO BE NO LESS
THAN 150 FEET. OFFERORS MAY PROPOSE ALTERNATIVES.
Question 10. Section 30.200 (I)
Does the Cabinet wish to have stations constructed of masonry or
will metal structures be sufficient if allowed by zoning?
THE DIVISION HAS NO PREFERENCE IN THIS MATTER.
Question 11. Section 31.200, Paragraph P. (3)
Is it acceptable for the Cabinet to store their audit gases in
the Station calibration room? The audit gases could be kept in a
separate locked compartment.
YES.
3
<PAGE>
Question 12. Section 31.600
How many lines are required? Please indicate the number of
direct daily lines required and the locations of these sites.
THE PROGRAM REQUIRES A SUFFICIENT NUMBER OF LINES TO COMMUNICATE
BETWEEN THE DIVISION'S PROGRAM AREA OFFICES, PROGRAM AREA COUNTY
CLERKS' OFFICES, THE DIVISION'S FRANKFORT OFFICE, AND THE
FRANKFORT OFFICE OF THE DEPARTMENT FOR INFORMATION SYSTEMS.
Question 13. Section 31.600
How many PC configurations and printers are required and their
locations?
ONE SET IN EACH OF THE DIVISION'S PROGRAM AREA OFFICES AND THE
DIVISION'S FRANKFORT OFFICE.
Question 14. How many computers will the Cabinet wish to be supplied?
SEE RESPONSE TO QUESTION 13.
Question 15. How much does the program area vehicle ownership database cost?
Media? Format?
SEE RESPONSE TO QUESTION 4.
Question 16. Must the mainframe computer be domiciled at the program location?
NO.
Question 17. May the contractor make use of the cost benefit of remanufactured
or used equipment so long as all performance specifications are
met throughout the duration of the contract?
YES.
4
<PAGE>
Question 18. Section 31.600 (B)
Although chronic background air problems are rare in test
programs, the contractor has no control over the background air
concentration levels. Tests are not performed until the analyzer
HC hang-up levels are within EPA specified limits.
THE DIVISION FOR AIR QUALITY BELIEVES THAT THE VENTILATION IN AN
INSPECTION FACILITY IS THE RESPONSIBILITY OF THE CONTRACTOR.
Question 19. Section 31.600 (C)
How would comfort be defined?
THE TEST LANE WAITING AREAS SHALL BE ENCLOSED, HEATED AND
VENTILATED.
Question 20. Section 31.700 - Training
What are "Cabinet policies"?
THE REFERENCE TO "CABINET POLICIES" IS REMOVED FROM THIS SECTION
OF THE RFP.
Question 21. Section 31.700 - Repair Industry Program
"The training course shall begin well in advance of the start-up
of Phase II." Is there a more specific time frame that the
Commonwealth has in mind?
SECTION 60.510 OF THE RFP REQUIRES "A DIAGRAM OR NETWORK USING
THE CRITICAL PATH METHOD (CPM) ... OF ALL THE SUBTASKS TO BE
PERFORMED." THE OFFEROR IS ENCOURAGED TO DEVELOP A TIME LINE FOR
THE REPAIR INDUSTRY PROGRAM ALONG WITH THE SUBTASKS ASSOCIATED
WITH THIS PROJECT.
Question 22. Section 31.700 Paragraph 3 - Repair Industry Program
Please detail the required computer hardware and software
training required.
THE DIVISION FOR AIR QUALITY BELIEVES THIS PARAGRAPH NEEDS NO
ADDITIONAL CLARIFICATION.
5
<PAGE>
Question 23. Section 31.800 - Public Information
Would the cabinet place a dollar amount to be spent on public
information?
NO. THE OFFERORS ARE ENCOURAGED TO DETAIL A PUBLIC INFORMATION
PROGRAM AND COSTS OF SUCH A PROGRAM.
Question 24. Section 32.200 - Fleet Testing
Will the contractor receive a fee from fleet self-testers?
NO.
Question 25. Section 32.200 - Fleet Testing
Is there an estimate of the number of vehicles that may not be
included in the contractor's predicted test volume?
NO. HOWEVER, THE ECONOMICS OF FLEET SELF-TESTING MAY NOT BE
FEASIBLE.
Question 26. Section 32.200 - Fleet Testing (D)
Can the contractor conduct fleet testing during non-normal hours
of operation?
THE CONTRACTOR SHOULD CONSIDER CONDUCTING FLEET TESTING DURING
OFF-PEAK HOURS. UNDER NO CIRCUMSTANCES SHALL THE PUBLIC BE
DENIED THE OPPORTUNITY TO RECEIVE AN INSPECTION WHILE THE
INSPECTION STATIONS ARE OPEN.
Question 27. Section 32.300 - Test fee collection and accounting
What portion of the test fee is remitted to the Cabinet?
KRS 224.20-740, DESCRIBES THE PERCENTAGE OF THE INSPECTION FEE TO
BE REMITTED TO THE VEHICLE EMISSION CONTROL FUND. THE CABINET
HAS NOT DETERMINED ITS COSTS FOR ADMINISTRATIVE OVERSIGHT OF THE
PROGRAM AT THIS TIME.
6
<PAGE>
Question 28. Section 32.400 - Reports
Sections 32.300 and 31.600 reference PCS, are the PC's in
addition to those using the direct daily lines specified in
Section 32.600??
SEE RESPONSE TO QUESTION 12.
Question 29. Sections 32.600 and 32.700
Can the mailed notices be combined with other notices for
registration sent out by the County Clerks?
NO. SEE RESPONSE TO QUESTION 5.
Question 30. Section 33.200 (F) OBD requirement
THE OFFERORS ARE REQUIRED TO DEMONSTRATE THE ABILITY TO CONFORM
TO THE OBD STANDARDS AND PROCEDURES AS STATED IN THE FEDERAL
RULE.
Question 31. Section 33.300 (C)
What is the number of diesel vehicles and motorcycles to be
tested?
SEE RESPONSE TO QUESTION 4.
Question 32. Section 33.400 (A) - Gases
All but the "Span Gas" are IM240 gases and are not used for idle
test analytical equipment.
REFERENCES TO GASES, OTHER THAN SPAN GAS, ARE DELETED FROM THIS
SECTION OF THE RFP.
Question 33. Section 34.000 - Quality Assurance Requirements
The Text is from an obsolete version of the IM240 guidance that
was stricken and replaced with more appropriate requirements ...
The text is not applicable to an idle test program.
REFERENCES TO QA REQUIREMENTS RELATED THE IM240 PROCEDURE
THROUGHOUT THIS RFP SHOULD BE DELETED.
7
<PAGE>
Question 34. Section 34.100
The Evaporative Integrity (pressure) Analysis System reference is
obsolete and has been replaced with new procedures in
EPA-AA-RSPD-IM-96-1 June 1996. In programs where the state
originally required pressure testing most have switched to a more
consumer friendly gas-cap integrity check.
THE OFFERORS ARE REQUIRED TO DEMONSTRATE THEIR KNOWLEDGE OF AND
THEIR ABILITY TO PERFORM THE EVAPORATIVE PRESSURE SYSTEM CHECK AS
DESCRIBED IN 40 CFR SECTION 85.2227 AND SECTION 85.2235.
OFFERORS MAY OFFER ALTERNATIVES TO THE USE OF THE PROCEDURE.
Question 35. Sections 34.200 and 34.300
These requirements are all from an obsolete IM240 guidance
document and largely inapplicable for idle testing.
REFERENCES TO REQUIREMENTS RELATED THE IM240 PROCEDURE THROUGHOUT
THIS RFP SHOULD BE DELETED.
Question 36. Section 40.210 - Failure to meet start-up data
Will a phase-in start up of Phase II testing be considered by the
Commonwealth?
SEE RESPONSE TO QUESTION 2.
Question 37. Section 40.220 (2)
If the amount of compensation exceeds the funds available in the
Vehicle Emissions Control Fund, where and how will the
Commonwealth obtain the funds to fully compensate the contractor?
THE COMMONWEALTH WILL HONOR ANY FINANCIAL JUDGEMENT RENDERED
AGAINST IT.
Question 38. Section 40.220 (4)
Ownership of computer programs in the event of termination. Also
referenced in Sections 40.270 and 45.100.
IN GENERAL, THE COMMONWEALTH DESIRES A TWENTY YEAR, NONEXCLUSIVE
LICENSE TO USE THE PROGRAM SOFTWARE. THE SOURCE AND OBJECT CODES
WILL BE HELD IN ESCROW BY THE CONTRACTOR. THE CONTRACT BETWEEN
THE COMMONWEALTH AND THE CONTRACTOR WILL DETAIL SUCH TRANSFERS.
8
<PAGE>
Question 39. Section 40.230 - Termination for Default
Mechanics liens and late or nonpayment of some construction
related services are a common occurrence when a conflict exists.
Many times construction related services are contested between
contractors and purchasers. To find the inspection contractor in
default may not allow them the leverage needed to get the
construction company to deliver a quality product in a timely
fashion. We believe this section should be worded to reflect the
realities of dealing with the construction industry.
THESE SECTIONS ARE TERMINATION SECTIONS ADDRESSED IN KRS 45A AND
200 KAR 5:312.
Question 40. Section 40.300 - Contractor Personnel
The Commonwealth's ability to require the contractor to reassign
or otherwise remove from the project an employee is unworkable.
This is a very sensitive issue and could probably be jointly
addressed if the need should arise.
THE DIVISION VIEWS THE VEHICLE EMISSION CONTROL PROGRAM AS A VERY
PUBLIC PROGRAM AND IN SO MUCH AS THE SUCCESS OF THIS PROGRAM
DEPENDS ON CONTRACTOR PERSONNEL TO MEET THE NEEDS OF BOTH THE
DIVISION AND THE PUBLIC, THIS REQUIREMENT OF THE RFP SHALL
REMAIN.
Question 41. Section 42.400 - Attorney's Fee
Will the Commonwealth pay contractors expenses of such action
should the contractor prevail?
THIS DECISION IS THE DOMAIN OF A COURT OF COMPETENT JURISDICTION
IN WHICH SUCH ACTIONS ARE HEARD.
Question 42. Section 46.000 - Application by County Fiscal Court
What impact would the transfer of inspection services to a fiscal
court have on the existing contract? Would the same guidelines
apply as under termination for convenience in ... Section 40.260?
THE SAME TERMINATION FOR CONVENIENCE GUIDELINES WOULD APPLY.
9
<PAGE>
Question 43. Section 50.050 (2)
Have the Commonwealth representatives made site visits? If so,
where? Do they plan additional visits during the procurement
process?
THE DIVISION HAS MADE VISITS TO A NUMBER OF VEHICLE INSPECTION
FACILITIES AND UPON INVITATION, IF THE SCHEDULE ALLOWS, WILL
CONSIDER ADDITIONAL VISITS DURING THE PROCUREMENT PROCESS.
Question 44. Section 50.300
Alternate proposals are not allowed. Are alternatives and/or
additional options allowed within one proposal?
THE OFFEROR MAY OFFER ALTERNATIVES/OPTIONS IN THOSE PORTIONS OF
THIS RFP WHERE ALTERNATIVES ARE ENCOURAGED.
Question 45. Section 50.400
Proprietary and confidentiality designation extended to technical
aspects of emissions testing system equipment, software and
operation.
THAT WHICH IS CONSIDERED PROPRIETARY AND/OR CONFIDENTIAL IS
ADDRESSED IN 400 KAR 1:060, KRS 61.878 and 224.20-10.
Question 46. Section 70.000 (C) - Cost Proposal Phase I
The amount of CMAQ funding available would have a significant
impact on the contractor's cost and ultimately the inspection
fee. Should the contractors present their costs without the
inclusion of the CMAQ funds?
THE OFFEROR MAY APPLY THE SUM OF ONE MILLION (1,000,000) DOLLARS
IN FEDERAL CMAQ FUNDS TO ASSIST IN THE PURCHASE OF LAND,
BUILDINGS AND EQUIPMENT TO THE OFFEROR'S PROPOSAL.
10
<PAGE>
Question 47. Section 70.100 (b)
The information on vehicle distribution in Appendix A is not in
sufficient detail for use in accurately locating inspection
stations and predicting where vehicles will choose to be tested.
Is there more detailed information available and could you
provide that information to the contractors?
SEE RESPONSE TO QUESTION 4.
Question 48. Section 70.100 (e)
The method of test procedure talked about in the RFP is
confusing. There are numerous references to IM240 test cycle
specifications. What are/is the test procedure the Commonwealth
wishes the contractor to provide?
REFERENCES TO IM240 PROCEDURE THROUGHOUT THIS RFP SHOULD BE
DELETED.
Question 49. Section 70.000 (g)
What amount does the Cabinet anticipate charging on each test fee
for administrative costs?
THE AMOUNT WILL BE SUFFICIENT TO COVER THE CABINET'S PROGRAM
OVERSIGHT COSTS. REFER TO KRS 224.20-740.
Question 50. What is the flow of information for this procurement?
THE COMMONWEALTH WILL ACCEPT QUESTIONS UP TO 14 DAYS PRIOR TO THE
OPENING DATE. THE QUESTIONS MUST BE FAXED OR MAILED TO THE
DIVISION OF PURCHASES TO BE CONSIDERED. QUESTIONS RECEIVED AFTER
THIS DATE WILL NOT BE ANSWERED. ANSWERS WILL BE FAXED BACK TO
VENDORS.
Question 51. Please discuss the competitive negotiation process.
THIS PROCUREMENT AS A COMPETITIVE NEGOTIATION FALLS UNDER KRS
45A.085. THIS STATUTE GIVES THE COMMONWEALTH THE AUTHORITY TO
CONDUCT WRITTEN OR ORAL DISCUSSIONS WITH ALL RESPONSIBLE OFFERORS
WHO SUBMIT PROPOSALS DETERMINED TO BE REASONABLY SUSCEPTIBLE FOR
AWARD OF THE CONTRACT. ALTERNATIVELY, THE COMMONWEALTH MAY AWARD
A CONTRACT ON THE ORIGINAL SUBMISSION. THE COMMONWEALTH MAY USE
SEVERAL METHODS OF NEGOTIATIONS, INCLUDING BEST AND FINAL OFFERS.
IN A BEST AND FINAL OFFER, THE COMMONWEALTH GENERALLY ONLY
REQUESTS A BEST AND FINAL OFFER ON COST, BUT COULD ASK ON
TECHNICAL ISSUES AS WELL.
11
<PAGE>
APPENDIX A-1
PROGRAM: DTO52LAA DEPARTMENT FOR ENVIRONMENTAL PROTECTION 04/04/97
REPORT: R52XXX DIVISION FOR AIR QUALITY PAGE: 1
VEHICLE EMISSIONS TESTING
CONTROL TOTALS
<TABLE>
<S> <C>
TOTAL VIDB RECORDS READ 6,143,865
TOTAL BOONE COUNTY RECORDS WRITTEN 166,351
TOTAL CAMPBELL COUNTY RECORDS WRITTEN 96,870
TOTAL KENTON COUNTY RECORDS WRITTEN 166,351
TOTAL OUTPUT RECORDS WRITTEN 369,570
</TABLE>
<PAGE>
PROGRAM: DTO52LAA DEPARTMENT FOR ENVIRONMENTAL PROTECTION 04/04/97
REPORT: R1500 DIVISION FOR AIR QUALITY PAGE: 1
VEHICLE EMISSIONS TESTING
CONTROL TOTALS
<TABLE>
<S> <C>
INPUT RECORDS READ 369,570
TOTAL SKIPPED--VEHICLE TYPE INVALID 6,018
TOTAL SKIPPED--RES/REG COUNTY INVALID 0
TOTAL SKIPPED--NOT ON NADA & WGT. > 18000 3,036
TOTAL SKIPPED--ON NADA & WGT. > 18000 0
TOTAL SKIPPED--CURRENT MODEL YEAR 0
GRAND TOTAL SKIPPED 9,054
TOTAL SEGMENTS LOADED 258,331
</TABLE>
<PAGE>
PROGRAM: DT052LAA DEPARTMENT FOR ENVIRONMENTAL PROTECTION 04/04/97
REPORT: R1500 DIVISION FOR AIR QUALITY PAGE: 2
CONTROL TOTALS
<TABLE>
<CAPTION>
YEAR: 1997
COUNTY # CARS # TRUCKS # FARM TRKS # HOUSECARS # WRECKERS # BUSES # MOTORCYCLE TOTAL
<S> <C> <C> <C> <C> <C> <C> <C> <C>
BOON 27,532 7,973 84 14 14 42 516 36,175
CAMP 26,827 7,078 55 17 25 34 389 34,425
KENT 46,384 10,836 35 34 32 64 836 58,221
TOTAL 100,743 25,887 174 65 71 140 1,741 128,821
<CAPTION>
YEAR: 1998
COUNTY # CARS # TRUCKS # FARM TRKS # HOUSECARS # WRECKERS # BUSES # MOTORCYCLE TOTAL
<S> <C> <C> <C> <C> <C> <C> <C> <C>
BOON 27,255 8,025 85 20 17 32 479 35,913
CAMP 26,977 7,178 48 19 22 38 431 34,713
KENT 46,703 11,140 62 31 40 61 847 58,884
TOTAL 100,935 26,343 195 70 79 131 1,757 129,510
<CAPTION>
YEAR: 1999
COUNTY # CARS # TRUCKS # FARM TRKS # HOUSECARS # WRECKERS # BUSES # MOTORCYCLE TOTAL
<S> <C> <C> <C> <C> <C> <C> <C> <C>
BOON 0 0 0 0 0 0 0 0
CAMP 0 0 0 0 0 0 0 0
KENT 0 0 0 0 0 0 0 0
TOTAL 0 0 0 0 0 0 0 0
<CAPTION>
YEAR: TOTAL
COUNTY # CARS # TRUCKS # FARM TRKS # HOUSECARS # WRECKERS # BUSES # MOTORCYCLE TOTAL
<S> <C> <C> <C> <C> <C> <C> <C> <C>
BOON 54,787 15,998 169 34 31 74 995 72,088
CAMP 53,804 14,256 103 36 47 72 820 69,138
KENT 93,087 21,976 97 65 72 125 1,683 117,105
TOTAL 201,678 52,230 369 135 150 271 3,498 258,331
</TABLE>
<PAGE>
PROGRAM: DT052LAA DEPARTMENT FOR ENVIRONMENTAL PROTECTION 04/04/97
REPORT: R1500 DIVISION FOR AIR QUALITY PAGE: 3
VEHICLE EMISSIONS TESTING
CONTROL TOTALS
<TABLE>
<S> <C> <C>
41001- ALEXANDRIA 12,137
41005- BURLINGTON 11,392
41006- GRANTS LICK 621
41007- CALIFORNIA 3,123
41009- CONSTANCE 27
41011- COVINGTON 18,329
41012- COVINGTON 259
41014- COVINGTON 4,888
41015- COVINGTON 15,828
41016- COVINGTON 4,583
41017- COVINGTON 28,442
41018- COVINGTON 19,856
41019- COVINGTON 20
41030- BRACHT 1,048
41033- FISKBURG 551
41042- FLORENCE 30,775
41048- HEBRON 5,215
41051- INDEPENDENCE 11,639
41053- KENTON 62
41059- MELBOURNE 2,575
</TABLE>
<PAGE>
PROGRAM: DT052LAA DEPARTMENT FOR ENVIRONMENTAL PROTECTION 04/04/97
REPORT: R1500 DIVISION FOR AIR QUALITY PAGE: 4
VEHICLE EMISSIONS TESTING
CONTROL TOTALS
<TABLE>
<S> <C> <C>
41063- MORNING VIEW 2,874
41071- NEWPORT 14,835
41072- NEWPORT 162
41073- NEWPORT 4,525
41074- NEWPORT 4,050
41075- NEWPORT 11,299
41076- NEWPORT 10,332
41080- PETERSBURG 1,329
41085- SILVER GROVE 807
41091- UNION 6,931
41092- VERONA 1,236
41094- WALTON 7,160
UNKNOWN 21,421
TOTAL 258,331
</TABLE>
<PAGE>
<TABLE>
<CAPTION>
PROGRAM: DT052LAA DEPARTMENT FOR ENVIRONMENTAL PROTECTION 04/04/97
REPORT: R1500 DIVISION FOR AIR QUALITY PAGE: 5
VEHICLE EMISSIONS TESTING
CONTROL TOTALS
MODEL YEARS 68-80
ZIP # CARS # TRUCKS # FARM TRKS # HOUSECARS # WRECKERS # BUSES # MOTORCYCLE TOTAL
<S> <C> <C> <C> <C> <C> <C> <C> <C>
41001 598 556 26 6 6 1 32 1,225
41005 692 569 20 3 4 7 42 1,337
41006 33 39 4 0 0 0 1 77
41007 198 225 30 0 3 0 14 470
41009 6 2 0 0 0 0 1 9
41011 1,705 625 2 4 8 6 57 2,407
41012 17 11 0 0 0 0 0 28
41014 457 166 1 1 3 1 15 644
41015 1,297 670 9 12 6 5 65 2,064
41016 421 174 1 1 1 1 11 610
41017 1,262 554 1 8 4 1 63 1,893
41018 1,326 550 0 8 1 3 57 1,945
41019 1 1 0 0 0 0 0 2
41030 72 77 2 1 0 0 4 156
41033 58 41 3 1 0 0 5 108
41042 1,626 724 16 10 2 1 79 2,458
41048 293 215 9 0 0 1 21 539
41051 715 608 13 7 4 1 32 1,380
41053 4 6 0 0 0 0 0 10
41059 192 177 5 3 1 0 7 385
</TABLE>
<PAGE>
<TABLE>
<CAPTION>
PROGRAM: DT052LAA DEPARTMENT FOR ENVIRONMENTAL PROTECTION 04/04/97
REPORT: R1500 DIVISION FOR AIR QUALITY PAGE: 6
VEHICLE EMISSIONS TESTING
CONTROL TOTALS
MODEL YEARS 68-80
ZIP # CARS # TRUCKS # FARM TRKS # HOUSECARS # WRECKERS # BUSES # MOTORCYCLE TOTAL
<S> <C> <C> <C> <C> <C> <C> <C> <C>
41063 222 280 22 3 1 0 17 545
41071 1,479 579 1 4 4 2 40 2,109
41072 17 83 0 0 0 0 0 100
41073 390 156 0 3 2 0 15 566
41074 445 213 0 0 1 3 20 682
41075 530 176 2 4 2 0 21 735
41076 505 336 6 2 2 1 29 881
41080 106 136 8 0 0 0 6 256
41085 64 55 0 1 1 0 2 123
41091 415 354 23 6 7 2 19 826
41092 71 93 8 0 0 1 6 179
41094 466 377 25 4 1 1 24 898
UNKN 345 221 6 3 0 0 15 590
TOTAL 16,028 9,049 243 95 64 38 720 26,237
</TABLE>
<PAGE>
<TABLE>
<CAPTION>
PROGRAM: DT052LAA DEPARTMENT FOR ENVIRONMENTAL PROTECTION 04/04/97
REPORT: R1500 DIVISION FOR AIR QUALITY PAGE: 7
VEHICLE EMISSIONS TESTING
CONTROL TOTALS
MODEL YEARS 81-UP
ZIP # CARS # TRUCKS # FARM TRKS # HOUSECARS # WRECKERS # BUSES # MOTORCYCLE TOTAL
<S> <C> <C> <C> <C> <C> <C> <C> <C>
41001 7,799 2,907 10 3 7 47 139 10,912
41005 7,272 2,597 15 2 1 5 163 10,055
41006 387 152 0 0 0 0 5 544
41007 1,777 831 9 0 1 0 35 2,653
41009 14 4 0 0 0 0 0 18
41011 13,282 2,410 0 6 11 33 180 15,922
41012 169 59 0 0 2 0 1 231
41014 3,462 709 0 0 3 1 69 4,244
41015 10,963 2,590 3 2 4 8 194 13,764
41016 3,160 734 0 2 3 3 71 3,973
41017 22,545 3,634 1 2 10 14 343 26,549
41018 14,442 3,217 3 1 4 9 235 17,911
41019 14 4 0 0 0 0 0 18
41030 597 273 2 0 0 0 20 892
41033 300 128 2 0 1 0 12 443
41042 22,743 5,167 11 3 11 45 337 28,317
41048 3,543 1,051 6 0 1 0 75 4,676
41051 7,642 2,429 6 2 4 37 139 10,259
41053 33 17 0 0 0 0 2 52
41059 1,543 613 5 1 0 1 27 2,190
</TABLE>
<PAGE>
PROGRAM: DT052LAA DEPARTMENT FOR ENVIRONMENTAL PROTECTION 04/04/97
REPORT: R1500 DIVISION FOR AIR QUALITY PAGE: 8
VEHICLE EMISSIONS TESTING
CONTROL TOTALS
<TABLE>
<CAPTION>
MODEL YEARS 81-UP
ZIP # CARS # TRUCKS # FARM TRKS # HOUSECARS # WRECKERS # BUSES # MOTORCYCLE TOTAL
<S> <C> <C> <C> <C> <C> <C> <C> <C>
41063 1,520 758 8 1 0 1 41 2,329
41071 10,432 2,142 0 1 3 9 139 12,726
41072 48 13 0 0 0 0 1 62
41073 3,257 655 0 2 1 1 43 3,959
41074 2,734 589 0 0 1 4 40 3,368
41075 9,272 1,177 0 2 0 0 113 10,564
41076 7,626 1,722 3 3 8 2 87 9,451
41080 740 313 3 2 0 0 15 1,073
41085 523 149 0 0 3 2 7 684
41091 4,526 1,466 15 0 2 1 95 6,105
41092 695 341 2 1 0 0 18 1,057
41094 4,471 1,673 15 3 2 2 96 6,262
UNKN 18,119 2,657 7 1 3 8 36 20,831
TOTAL 185,650 43,181 126 40 86 233 2,778 232,094
</TABLE>
<PAGE>
PROGRAM: DT052LAA DEPARTMENT FOR ENVIRONMENTAL PROTECTION 04/04/97
REPORT: R1500 DIVISION FOR AIR QUALITY PAGE: 9
VEHICLE EMISSIONS TESTING
CONTROL TOTALS
<TABLE>
<CAPTION>
MODEL YEARS TOTAL
ZIP # CARS # TRUCKS # FARM TRKS # HOUSECARS # WRECKERS # BUSES # MOTORCYCLE TOTAL
<S> <C> <C> <C> <C> <C> <C> <C> <C>
41001 8,397 3,463 36 9 13 48 171 12,137
41005 7,964 3,166 35 5 5 12 205 11,392
41006 420 191 4 0 0 0 6 621
41007 1,975 1,056 39 0 4 0 49 3,123
41009 20 6 0 0 0 0 1 27
41011 14,987 3,035 2 10 19 39 237 18,329
41012 186 70 0 0 2 0 1 259
41014 3,919 875 1 1 6 2 84 4,888
41015 12,260 3,260 12 14 10 13 259 15,828
41016 3,581 908 1 3 4 4 82 4,583
41017 23,807 4,188 2 10 14 15 406 28,442
41018 15,768 3,767 3 9 5 12 292 19,856
41019 15 5 0 0 0 0 0 20
41030 669 350 4 1 0 0 24 1,048
41033 358 169 5 1 1 0 17 551
41042 24,369 5,891 27 13 13 46 416 30,775
41048 3,836 1,266 15 0 1 1 96 5,215
41051 8,357 3,037 19 9 8 38 171 11,639
41053 37 23 0 0 0 0 2 62
41059 1,735 790 10 4 1 1 34 2,575
</TABLE>
<PAGE>
PROGRAM: DT052LAA DEPARTMENT FOR ENVIRONMENTAL PROTECTION 04/04/97
REPORT: R1500 DIVISION FOR AIR QUALITY PAGE: 10
VEHICLE EMISSIONS TESTING
CONTROL TOTALS
<TABLE>
<CAPTION>
MODEL YEARS TOTAL
ZIP # CARS # TRUCKS # FARM TRKS # HOUSECARS # WRECKERS # BUSES # MOTORCYCLE TOTAL
<S> <C> <C> <C> <C> <C> <C> <C> <C>
41063 1,742 1,038 30 4 1 1 58 2,874
41071 11,911 2,721 1 5 7 11 179 14,835
41072 65 96 0 0 0 0 1 162
41073 3,647 811 0 5 3 1 58 4,525
41074 3,179 802 0 0 2 7 60 4,050
41075 9,802 1,353 2 6 2 0 134 11,299
41076 8,131 2,058 9 5 10 3 116 10,332
41080 846 449 11 2 0 0 21 1,329
41085 587 204 0 1 4 2 9 807
41091 4,941 1,820 38 6 9 3 114 6,931
41092 766 434 10 1 0 1 24 1,236
41094 4,937 2,050 40 7 3 3 120 7,160
UNKN 18,464 2,878 13 4 3 8 51 21,421
TOTAL 201,678 52,230 369 135 150 271 3,498 258,331
</TABLE>
<PAGE>
APPENDIX B
PERMIT APPLICATION
TO OPERATE A
FLEET VEHICLE
INSPECTION STATION
DEP-V001
(MAY 1991)
COMMONWEALTH OF KENTUCKY
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
DEPARTMENT FOR ENVIRONMENTAL PROTECTION
DIVISION FOR AIR QUALITY
VEHICLE EMISSION CONTROL PROGRAM
316 ST. CLAIR MALL
FRANKFORT, KENTUCKY 40601
(502) 564-3382
<PAGE>
COMMONWEALTH OF KENTUCKY DEP-V001
Natural Resources & Environmental Administrative Information
Protection Cabinet
Department for Environmental Protection AGENCY USE ONLY
Division for Air Quality
Vehicle Emission Control Program ID No:
316 St. Clair Mall
Frankfort, Kentucky 40601 DATE RECEIVED:
(502) 564-3382
PERMIT APPLICATION
TO OPERATE A
FLEET VEHICLE
INSPECTION STATION
KRS 224.476 authorizes fleet owners or operators to
apply for a permit to establish a fleet inspection
station, on forms prescribed by the Cabinet. 401
KAR 65:010 prescribes the format for the fleet
vehicle inspection station permit. The completion
and return of information on this form is therefore
required. Failure to supply information required or
deemed necessary by the Division to enable it to act
upon the application may result in denial of the
fleet inspection station permit.
LOG No:
1. OFFICIAL COMPANY or AGENCY NAME (ALSO ENTER PLANT OR DIVISION NAME, IF ANY):
2. COMPANY or AGENCY MAILING ADDRESS:
Street or Box No. City County State Zip Code
3. LOCATION OF MAIN OFFICE OR HEADQUARTERS:
Street City County State Zip Code
4. LOCATION OF FLEET IF DIFFERENT THAN ABOVE (Use additional sheets if
necessary):
Location:_______________________________ Number of vehicles:______________
Location:_______________________________ Number of vehicles:______________
Location:_______________________________ Number of vehicles:______________
5. NAME, TITLE, AND ADDRESS, (if different than above) OF PERSON EXERCISING
ADMINISTRATIVE CONTROL OVER COMPANY OR AGENCY:
NAME: TITLE:
Street or Box No. City County State Zip Code
6. NAME AND TITLE OF PERSON TO CONTACT ON VEHICLE TESTING MATTERS:
NAME TITLE
7. TELEPHONE NUMBER (WITH AREA CODE) AND BUSINESS MAILING ADDRESS OF CONTACT
PERSON:
( )
Street or Box No. City County State Zip Code
<PAGE>
DEP-V001
Continued
8. GENERAL NATURE OF BUSINESS (e.g., principal products, services) AND
STANDARD INDUSTRIAL CLASSIFICATION CODE(S):
NATURE: CODE(S):
9. PURSUANT TO 401 KAR 65:010, APPLICATION IS HEREBY MADE FOR:
[ ] A permit to operate a fleet vehicle inspection station.
[ ] A permit renewal to operate a fleet vehicle inspection station.
A check for the amount of $200, payable to the KENTUCKY STATE TREASURER,
shall accompany this application.
10. FEE PAYMENT SCHEDULE:
Indicate which of the following payment schedules will apply (Checks
shall be made payable to the KENTUCKY STATE TREASURER):
[ ] A separate check will be submitted for each compliance or exemption
certificate issued.
[ ] A check will be submitted weekly for all the compliance or exemption
certificates issued during the week.
[ ] A check will be submitted monthly for all the compliance or exemption
certificates issued during the month.
[ ] Other:_______________________________________________________________
_____________________________________________________________________
11. INDICATE THE TYPE AND NUMBERS OF FORMS ATTACHED AS PART OF THIS APPLICATION:
DEP DEP
____ V001A Testing Schedule for ____ V001C Vehicle Maintenance Schedule
Fleet Vehicles & Record
____ V001B Employee Training ____ V001D Fleet Testing Equipment &
Schedule Procedures
12. NAME OF PERSON SUBMITTING APPLICATION (Type or Print) TITLE PHONE NUMBER
13. ADDRESS OF PERSON SUBMITTING APPLICATION:
Street or Box No. City County State Zip Code
14. IMPORTANT: APPLICATIONS WILL BE RETURNED IF THEY ARE NOT SIGNED.
Applications shall be signed by the corporate president, his authorized
agent, fleet owner or operator, highest elected official, or equivalent.
SIGNATURE OF PERSON SUBMITTING APPLICATION DATE OF APPLICATION
<PAGE>
VEHICLE MAINTENANCE SCHEDULE & RECORD
(Repeat for Each Vehicle)
Vehicle: ________________________________________________________ DEP-V001C
VIN: __________________________ Fleet: ______________________ (5/91)
<TABLE>
<CAPTION>
MAINTENANCE
MAINTENANCE RELATED TO
DATE PERFORMED MECHANIC EMISSIONS? Y/N
<S> <C> <C> <C>
</TABLE>
<PAGE>
FLEET TESTING EQUIPMENT & PROCEDURES DEP-V001D
(Attach additional sheets, if necessary) (5/91)
1. The following equipment will be used for testing fleet vehicles: (Also
attach manufacturer's specifications and guaranteed performance data for
the equipment that will be used to test the fleet vehicles.)
2. The following procedures will be used for the emissions test (using 401 KAR
65:010, Section 6 as the basis for the test procedure):
<PAGE>
FLEET TESTING EQUIPMENT & PROCEDURES DEP-V001D
(5/91) Cont.
3. The following procedures will be used for issuing compliance or exemption
certificates, including repair cost exemption certificates. Documentation
for all certificates shall be maintained, including permanent and temporary
exemptions.
4. Describe the process under which results of the tests and issuance of the
certificates will be integrated into the record keeping system of the
independent contractor who operates the vehicle emission control program in
the program area.
<PAGE>
FLEET TESTING EQUIPMENT & PROCEDURES DEP-V001D
(5/91) Cont.
5. Describe the daily and hourly quality assurance procedures that will be
used for assuring the test equipment is operating properly.
<PAGE>
VEHICLE ---------------
EMISSIONS DEP
CONTROL V002b
PROGRAM ---------------
VEHICLE REPAIR FORM
KENTUCKY NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
DEPARTMENT FOR ENVIRONMENTAL PROTECTION
DIVISION FOR AIR QUALITY
<TABLE>
<CAPTION>
- -----------------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------------
REPAIRS MADE FOR FAILURE TYPE
(ALL RECEIPTS MUST BE INCLUDED): PARTS LABOR
- -----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
CO ONLY AIR FILTER -- Checked & replaced, if necessary
PCV VALVE -- Checked & replaced, if necessary
AIR/FUEL MIXTURE -- Set to manufacturer's specifications, if adjustable
IDLE SPEED -- Set to manufacturer's specifications; if adjustable
CHOKE -- Checked for proper operation & repaired, if necessary
FLOAT, POWER VALVES, NEEDLES, SEAT, AND JETS -- checked & repaired, if necessary
OTHER -- Specify
- -----------------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------------
HC ONLY VACUUM HOSES -- Checked for routing leaks & repaired as necessary
SPARK PLUGS -- Checked & replaced, if necessary
PLUG WIRES -- Checked & replaced, if necessary
DISTRIBUTOR -- Checked points, rotor cap & advanced, if necessary
DWELL/TIMING -- Checked & set to manufacturer's specifications, if adjustable
EGR VALVE -- Checked & replaced, if necessary
CARBURETOR OR FUEL INJECTOR -- Repaired or replaced
- -----------------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------------
NOx ONLY EGR VALVE -- Checked & replaced, if necessary
EGR CONTROLS -- Checked & replaced, if necessary
EGR PASSAGE -- Checked for obstruction
TIMING -- Checked & set to manufacturers specifications, if adjustable
NOx SENSOR -- Checked & replaced if necessary
- -----------------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------------
HC, CO & NOx CATALYTIC CONVERTER -- Checked & replaced, if necessary
OXYGEN SENSOR -- Checked & replaced, if necessary
ELECTRONIC CONTROL MODULE COMPUTER
SECONDARY AIR SYSTEM
NOx SENSOR
EGR SYSTEM -- Checked & replaced, if necessary
- -----------------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------------
EVAPORATIVE VENT LINES -- Checked & replaced, if necessary
SYSTEMS EVAPORATIVE CANISTER -- Checked & replaced, if necessary
CANISTER SOLENOIL -- Checked & replaced, if necessary
FUEL TANK -- Checked & replaced, if necessary
OTHER -- Specify:
- -----------------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------------
DIESEL ENGINE AIR FILTER -- Self Repair Must Replace (Bring Receipts)
OPACITY FAILURE PCV SYSTEM -- Check & repair, if necessary
PUMP TIMING -- Check and set to manufacturers specifications, if adjustable
INJECTORS -- Check & replace, if necessary
INJECTOR PUMP -- Check and recalibrate, if necessary
OTHER -- Specify
- -----------------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------------
CERTIFICATION OF REPAIRS MADE:
I certify under penalty of law that I have completed the above indicated repairs and bought the
indicated parts in an attempt to have this vehicle pass the emissions test.
- -----------------------------------------------------------------------------------------------------------------------------------
Owners Name (Print) Date TOTAL TOTAL
- ------------------------------------------------------------------------------------------------- PARTS LABOR
COSTS COSTS
Signature
- -----------------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------------
Facility Performing Repair (Print)
- -------------------------------------------------------------------------------------------------
Repair
Federal ID Number Date Phone
- -------------------------------------------------------------------------------------------------
I certify under penalty of law that I have completed the above indicated repairs solely in an
attempt to have this vehicle pass the emissions test. TOTAL SPENT
- -----------------------------------------------------------------------------------------------------------------------------------
Mechanics Name (Print) Signature
- -----------------------------------------------------------------------------------------------------------------------------------
MECHANICS COMMENTS
- -----------------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------------
</TABLE>
<PAGE>
B111-18 COMMONWEALTH OF KENTUCKY
REV. 02/92 FINANCE AND ADMINISTRATION CABINET
DIVISION OF PURCHASES
ADDENDUM NO. 2
INVITATION NO: IT008985 AOC DATE: 10/22/97
AOC ID: CO022322 OPENING DATE: 10/30/97
BID TITLE: VEHICLE INSPECTION PROGRAM
REASON FOR CHANGE:
EXTENSION OF OPENING DATE AND ADDITION OF QUESTIONS AND ANSWERS. (2 PAGES)
The opening date has been changed to read: 11/14/97
* Bidder must acknowledge receipt of this and any addenda, either with bid or
by separate letter. Acknowledgement must be received in the office of the
Division of Purchases, New Capitol Annex Building, Frankfort, Kentucky not
later than 4:30 P.M. EDT on 11/14/97. If by separate letter, the following
information must be placed in the lower left hand corner of the envelope:
Invitation No.: IT008985
for: VEHICLE INSPECTION PROGRAM
Opening Date: 11/14/97
By NANCY HAGGERTY /s/ Nancy Haggerty
Authorized Agent, Division of Purchases
Receipt acknowledge
---------------------------------------------
Firm
By
-------------------------------------
Authorized Agent
* NOTE: One copy of this form must be signed and returned
<PAGE>
Addendum 2
Vehicle Inspection Program
1. Is the Program Representative mentioned in the last sentence of the second
paragraph on page 6 a contractor employee or the Commonwealth's employee?
AN EMPLOYEE OF THE COMMONWEALTH.
2 Should the reference to Part 6.3 in Item 7 on page 8 refer to Section
32.400 instead?
YES.
3. Per the requirement to test vehicles of equal to or less than 18,000 pounds
GVW in the stations (p.11), can we assume that any officially licensed
vehicles over this weight do not need to be tested in the lanes? Or are
there no officially licensed vehicles over 18,000 pounds GVW?
IF SUCH VEHICLES EXIST, THEY NEED NOT BE TESTED "IN THE LANES".
4. Was some information specifying functions not included in Section 32.600?
NO. SECTIONS 32.700 THROUGH 33.000 RELATE TO 32.600.
5. Do proposals need to remain valid for six months as stated in Section
50.550 or 90 days as stated in Section 60.100?
90 DAYS
6. Does the "number of personnel engaged in installation activities" referred
to in Section 60.310 refer to the number currently engaged in such
activities or the number capable of/experienced in such activities?
CURRENTLY ENGAGED IN INSTALLATION ACTIVITIES.
7. What does "rollover lines" mean in the last sentence on page 63?
ROLLOVER LINES REFER TO THE NUMBER OF TELEPHONE LINES NEEDED TO RECEIVE,
HOLD, ROUTE TO A RECORDED MESSAGE OR NEXT AVAILABLE OPERATOR, CALLS TO THE
INSPECTION FACILITIES.
<PAGE>
Addendum 2
Vehicle Inspection Program
8. Is the "administrative cost" referred to in the pricing schedule the
Cabinet administrative cost?
YES.
9. We understand from the answer to previous Question 13 that one PC and
printer are required in each of the Division's program area offices as well
as the office in Frankfort. How many program area offices need to be
equipped? Is three the correct number of county clerk offices that need to
be equipped?
THE INSPECTION FACILITIES WILL BE CONNECTED WITH THE STATE A.V.I.S.
COMPUTER NOT DIRECTLY TO THE COUNTY CLERKS' OFFICES.
10. Could the specific test procedure be detailed and what data will the
contractor be required to retrieve and store from the procedure?
(1) IDLE, IDLE WITH LOADED PRE-CONDITIONING, OPACITY, EVAPORATIVE PRESSURE
TEST, AND ANTI-TAMPERING. (2) REGISTRATION INFORMATION AND INSPECTION
RESULTS.
11. The section 60.600 referred to in Section 60.000 doesn't exist. Will the
Cabinet provide that section or remove the required proposal section called
"System Schedule"?
THE LAST BULLET IN SECTION 60.000 "SYSTEM SCHEDULE (60.600)" IS DELETED.
12. Section 60.320 requires financial statements from subcontractors. Many
smaller private firms are hesitant to provide such information. Can this
requirement be limited to major subcontractors over a specified dollar
amount and can this requirement be applicable to only the subcontractors
concerned in Phase 1 of the contract (Real estate, construction, etc.)?
THE COMMONWEALTH HAS DETERMINED THAT THE FINANCIAL STATEMENTS FOR ALL
SUBCONTRACTORS PAID MORE THAN $100,000 SHALL BE SUBMITTED.
<PAGE>
COMMONWEALTH OF KENTUCKY
B111-18 FINANCE AND ADMINISTRATION CABINET
REV. 02/92 DIVISION OF PURCHASES
ADDENDUM NO. 3
INVITATION NO: IT008985 AOC DATE: 11/12/97
AOC ID: CO022843 OPENING DATE: 11/14/97
BID TITLE: VEHICLE INSPECTION PROGRAM
REASON FOR CHANGE:
QUESTIONS AND ANSWERS ADDED TO RFP.
The terms have been changed as follows:
QUESTIONS AND ANSWERS ADDED TO RFP.
* Bidder must acknowledge receipt of this and any addenda, either with bid or
by separate letter. Acknowledgement must be received in the office of the
Division of Purchases, New Capitol Annex Building, Frankfort, Kentucky not
later than 4:30 P.M. EDT on 11/14/97. If by separate letter, the following
information must be placed in the lower left hand corner of the envelope:
Invitation No.: IT008985
for: VEHICLE INSPECTION PROGRAM
Opening Date: 11/14/97
By NANCY HAGGERTY /s/ Nancy Haggerty
Authorized Agent, Division of Purchases
Receipt acknowledge
---------------------------------------------------
Firm
By
------------------------------------------------
Authorized Agent
* NOTE: One copy of this form must be signed and returned
<PAGE>
ADDENDUM 3
IT008985
1. Please confirm that the desired opacity test for diesels and motorcycles is
an idle TEST. This is not a recommended procedure since the majority of
engine smoke occurs under load or acceleration.
RESPONSE: THE TEST FOR DIESEL POWERED VEHICLES AND MOTORCYCLES IS AN IDLE
OPACITY TEST.
2. Please confirm that the requirement to issue mailers does not include
tracking and the mailing of follow-up of warning notices for no-shows.
RESPONSE: THE MAILING OF FOLLOW-UP AND/OR WARNING NOTICES WILL BE THE
RESPONSIBILITY OF THE DIVISION FOR AIR QUALITY.
3. Can you elaborate on the responsibilities included in the management of
fleet self-testing? Does it include periodic quality assurance checks on
the fleet owners test equipment? Is the Contractor required to specify or
approve the test equipment used by the fleet owner? Can the fleet owner
purchase a BAR90 analyzer and perform two-speed Idle tests, without a
dynamometer, or must the fleet owner purchase equipment to perform the
exact same tests as the Contractor? Does this task also include training
and auditing of the fleet owners Inspectors?
RESPONSE: OVERSIGHT OF FLEET-SELF-TESTERS INCLUDES QUALITY ASSURANCE CHECKS
OF THE TEST EQUIPMENT.
THE DIVISION WILL REVIEW APPLICATIONS SUBMITTED TO PERFORM
FLEET-SELF-TESTING. THE DIVISION WILL VERIFY THE ABILITY OF THE
APPLICANT TO MEET THE SAME STANDARDS FOR TRAINING, TEST
PERFORMANCE AND RECORD KEEPING REQUIRED OF THE CONTRACTOR CHOSEN
AS A RESULT OF THIS RFP.
<TABLE> <S> <C>
<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS FINANCIAL INFORMATION EXTRACTED FROM THE ENVIROTEST
SYSTEMS CORP. FORM 10-Q FOR THE NINE MONTHS ENDED JUNE 30, 1998 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<S> <C>
<PERIOD-TYPE> 9-MOS
<FISCAL-YEAR-END> SEP-30-1997
<PERIOD-START> OCT-01-1997
<PERIOD-END> JUN-30-1998
<CASH> 32,702
<SECURITIES> 28,127
<RECEIVABLES> 12,384
<ALLOWANCES> 787
<INVENTORY> 0
<CURRENT-ASSETS> 79,571
<PP&E> 323,615
<DEPRECIATION> 76,972
<TOTAL-ASSETS> 382,869
<CURRENT-LIABILITIES> 46,854
<BONDS> 355,285
0
0
<COMMON> 166
<OTHER-SE> (14,875)
<TOTAL-LIABILITY-AND-EQUITY> 382,869
<SALES> 122,706
<TOTAL-REVENUES> 122,706
<CGS> 74,612
<TOTAL-COSTS> 74,612
<OTHER-EXPENSES> 60
<LOSS-PROVISION> 0
<INTEREST-EXPENSE> 25,707
<INCOME-PRETAX> 10,008
<INCOME-TAX> 200
<INCOME-CONTINUING> 9,808
<DISCONTINUED> 0
<EXTRAORDINARY> 0
<CHANGES> 0
<NET-INCOME> 9,808
<EPS-PRIMARY> 0.81
<EPS-DILUTED> 0.67
</TABLE>
