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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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:
"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
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Total Commitment $3,000,000.00"
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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CALENDAR YEAR (OR PART THEREOF) TEST FEE
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1998 $18.50
1999 $18.88
2000 $19.20
2001 $19.52
2002 $19.84
If the "gas cap" test, as hereinafter described in this amendment, and
specified in the attached Exhibit C, is accepted by the State, the State
shall pay Contractor an additional amount of thirty-five cents ($.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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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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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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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 Xx. Xxxxx Xxxxx of the State from Xx. Xxxxxxx X. Xxxxx 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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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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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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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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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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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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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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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:
CALENDAR YEAR (OR PART THEREOF) AMOUNT PAYABLE
------------------------------- --------------
1998 $ 0
1999 $515,000
2000 $530,450
2001 $546,364
January 1 2002 through June 30, 2002 $281,377
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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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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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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[LOGO] ENVIROTEST [LOGO]
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ASM2525 TEST PROCEDURES
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EXHIBIT A
[LOGO] ENVIROTEST [LOGO]
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WORKING TOGETHER
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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
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
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ASM EMISSIONS TESTING PROCEDURES
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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
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
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
EXHIBIT B
Assignment of Emissions Sites
Site No. Address Number of Lanes
--------------------------------------------------------
1 Norwalk Station* 2
0 Xxxxxxx Xxxx
Xxxxxxx, XX 00000
2 Danbury Station 5
00 Xxxxxxxxx Xxxx
Xxxxxxx, XX 00000
3 Waterbury Station 4
0000 Xxxxxxxxx Xxxxxx
Xxxxxxxxx, XX 00000
4 Winsted Station 2
000 Xxxxxxxxxx/Xxxxxxx Xx.
Xxxxxxxxxx, XX 00000
5 Xxxxxxxxx Xxxxxxx 0
000 Xxxxxxx Xxxx
Xxxxxxxxx, XX 00000
6 North Haven Station 7
00 Xxxxxxxx Xxxx
Xxxxx Xxxxx, XX 00000
7 Willington Station 2
00 Xxxxx Xxxx
Xxxxxxxxxx, XX 00000
8 Farmington Station 4
0000 Xxx Xxxxxxx Xxxxxx
Xxxxxxxxxx, XX 00000
0 Xxxxxxxxxx Xxxxxxx 0
0000 X. Xxxx Xx. (Xx. 17)
Xxxxxxxxxx, XX 00000
00 Xxx Xxxxxxxx Xxxxxxx 2
5 Custom Xxxx Xxxxx
Xxx Xxxxxxxx, XX 00000
11 Brooklyn Emissions Station 2
00 Xxxxx Xxxx Xxxxxx
Xxxxxxxx, XX 00000
00 Xxxx Xxxxxxxx Xxxxxxx 4
000 Xxxxxxx Xxxxxxxx
Xxxx Xxxxxxxx, XX 00000
13 Groton Station 2
479 Gold Star Hwy. (Rt. 184)
Xxxxxx, XX 00000
Site No. Address Number of Lanes
--------------------------------------------------------
00 Xxxx Xxxxxxx Xxxxxxx 0
Xxxxx Xxxx (Rt. 140) Road
Xxxx Xxxxxxx, XX 00000
15 Taftville/Norwich Station 2
000 Xxxxxxx Xxxxxx
Xxxxxxxxx, XX 00000
16 Bloomfield Station 3
000 Xxxxxx Xxxxxx
Xxxxxxxxxx, XX 00000
00 Xxxxxxxxx Xxxxxxx 4
000 Xxxxxxx Xxxxx
Xxxxxxxxx, XX 00000
18 Darien Station 0
X-00 Xxxxxxxxxx
Xxxxxx, XX 00000
00 Xxxxxx Xxxxx Xxxxxxx 2
00 Xxxxxxxxx Xxxxx
Xxxxxx Xxxxx, XX 00000
00 Xxxxxxxxxx Xxxxxxx 7
00 Xxxxx Xxxxxx
Xxxxxxxxxx, XX 00000
21 Thomaston Station 3
000 XxXxxxx Xxxxx
Xxxxxxxxx, XX 00000
00 Xxxxxxxxxx Xxxxxxx 5
000 Xxxxxxx Xxxx
Xxxxxxxxxx, XX 00000
23 Southington Station 5
00 Xxxxxx Xxxxxx Xxxx
Xxxxxxxxxxx, XX 00000
24 East Lyme Station 3
00 Xxxxxxx Xxxxx
Xxxx Xxxx, XX 00000
00 Xxxxx Xxxxxxx Xxxxxxx 2
0 Xxxxxxxx Xxxxx
Xxxxx Xxxxxxx, XX 00000
26 Norwalk II Station 5-7
TBD
*Site #1 will be removed from the network if site #26 is constructed with
seven lanes
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.
[LOGO] Envirotest EXHIBIT D Envirotest Systems
Systems
00X Xxxxxx Xxxxxx
Xxxxxxxx, Xxxxxxxxxxx 00000
June 19, 1996 203/278-9203
FAX: 203/000-0000
Xx. Xxxxx Xxxxx
Director of Emissions
Department of Motor Vehicles
00 Xxxxx Xxxxxx
Xxxxxxxxxxxx, XX 00000
Dear Xxxxx:
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 Xxxxx Xxxxxx. 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.
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.
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.
EXHIBIT E
ADDITIONAL DATA
Description Mnemonic
----------- --------
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
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
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
EXHIBIT G
INSPECTOR TRAINING
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ENVIROTEST TRAINING
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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
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
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
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%.
MATRIX
---------------------------------------------------------------------------------------------------
YEARS ASM(0) ASM(0) CAT. CONVERTOR GAS CAP GAS CAP OBD II WAIVER
(BIENNIAL (ANNUAL INSP. PRESENCE FUNCTION
TEST) TEST)
---------------------------------------------------------------------------------------------------
1968-1970 X X 125
---------------------------------------------------------------------------------------------------
1971-1974 X X X 125
---------------------------------------------------------------------------------------------------
1975-1980 X X(1) X X 125
---------------------------------------------------------------------------------------------------
0000-0000 X X(1) X X 250
---------------------------------------------------------------------------------------------------
0000-0000 X X(2) X X 250
---------------------------------------------------------------------------------------------------
1996+ X X(2) X X X(3) 250
---------------------------------------------------------------------------------------------------
(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.
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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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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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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(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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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
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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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EXHIBIT A
ASSIGNMENT OF EMISSIONS SITES
Site No. Address Number of Lanes
--------------------------------------------------------------------------
1 Norwalk Station* 2
0 Xxxxxxx Xxxx
Xxxxxxx, XX 00000
2 Danbury Station 5
00 Xxxxxxxxx Xxxx
Xxxxxxx, XX 00000
3 Waterbury Station 4
0000 Xxxxxxxxx Xxxxxx
Xxxxxxxxx, XX 00000
4 Winsted Station 2
000 Xxxxxxxxxx/Xxxxxxx Xx.
Xxxxxxxxxx, XX 00000
5 Xxxxxxxxx Xxxxxxx 0
000 Xxxxxxx Xxxx
Xxxxxxxxx, XX 00000
6 North Haven Station 7
00 Xxxxxxxx Xxxx
Xxxxx Xxxxx, XX 00000
7 Willington Station 2
00 Xxxxx Xxxx
Xxxxxxxxxx, XX 00000
8 Farmington Station 4
0000 Xxx Xxxxxxx Xxxxxx
Xxxxxxxxxx, XX 00000
0 Xxxxxxxxxx Xxxxxxx 0
0000 X. Xxxx Xx. (Xx. 17)
Xxxxxxxxxx, XX 00000
00 Xxx Xxxxxxxx Xxxxxxx 2
5 Custom Xxxx Xxxxx
Xxx Xxxxxxxx, XX 00000
11 Brooklyn Emissions Station 2
00 Xxxxx Xxxx Xxxxxx
Xxxxxxxx, XX 00000
00 Xxxx Xxxxxxxx Xxxxxxx 4
000 Xxxxxxx Xxxxxxxx
Xxxx Xxxxxxxx, XX 00000
13 Groton Station 2
479 Gold Star Hwy. (Rt. 184)
Xxxxxx, XX 00000
Site No. Address Number of Lanes
--------------------------------------------------------------------------
00 Xxxx Xxxxxxx Station 3, plus 1 to be constructed*
North Road (Rt. 140) Road
Xxxx Xxxxxxx, XX 00000
15 Taftville/Norwich Station 2, plus 1 to be constructed*
000 Xxxxxxx Xxxxxx
Xxxxxxxxx, XX 00000
16 Bloomfield Station 3
000 Xxxxxx Xxxxxx
Xxxxxxxxxx, XX 00000
00 Xxxxxxxxx Xxxxxxx 4
000 Xxxxxxx Xxxxx
Xxxxxxxxx, XX 00000
18 Darien Station 5, plus 3 to be constructed*
X-00 Xxxxxxxxxx
Xxxxxx, XX 00000
00 Xxxxxx Xxxxx Xxxxxxx 2
00 Xxxxxxxxx Xxxxx
Xxxxxx Xxxxx, XX 00000
00 Xxxxxxxxxx Xxxxxxx 7
00 Xxxxx Xxxxxx
Xxxxxxxxxx, XX 00000
21 Thomaston Station 3
000 XxXxxxx Xxxxx
Xxxxxxxxx, XX 00000
00 Xxxxxxxxxx Xxxxxxx 5
000 Xxxxxxx Xxxx
Xxxxxxxxxx, XX 00000
23 Southington Station 5
00 Xxxxxx Xxxxxx Xxxx
Xxxxxxxxxxx, XX 00000
24 East Lyme Station 3
00 Xxxxxxx Xxxxx
Xxxx Xxxx, XX 00000
00 Xxxxx Xxxxxxx Xxxxxxx 2
0 Xxxxxxxx Xxxxx
Xxxxx Xxxxxxx, XX 00000
*See section 9.0 of Exhibit C of the Contract as amended.
