Agenda Packets - 2013/09/23 - Laserfiche WebLink

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6. The EVP system shall be operated, maintained, revised, or removed in accordance with the following conditions and requirements: a. All modifications, revisions, and maintenance of the EVP System considered necessary or desirable for any reason, shall be done by County forces, or, upon concurrence in writing by the County's Traffic Engineer, may be done by others all at the cost and expense of the City. b. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minn. Stat. §§ 169.011, Subd.3 and 169.03. c. The City shall maintain and require others using the EVP System to maintain a log showing the date, time, and type of emergency for each time the traffic signal covered hereby is actuated and controlled by the EVP System. Malfunction of the EVP System shall be reported to the County immediately. d. All maintenance of the EVP System shall be performed by the County, and the City shall be responsible for actual cost thereof. The County shall submit and invoice to the City annually, listing all labor, equipment, materials, and overhead used to maintain the EVP System. Labor cost and overhead and equipment costs will be at the established rates paid by the County at the time the work is performed, and material costs will be invoiced at the actual cost thereof to the County. The City shall promptly pay the Comity the full amount due. e. In the event said EVP System or components are, in the opinion of the County, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by said party of written notice thereof from the County, the EVP System pursuant to this paragraph, the field wiring, cabinet wiring and other components shall become the property of the County. All infrared detector heads and indicator lamps mounted external to the traffic signal cabinet will be returned to the City. The detector receiver and any other assembly located in the control signal cabinet, which if removed, will not affect the traffic control signal operation, will be returned to the City. f. All timing of said EVP System shall be determined by the County, through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. 7. All timing and related adjustments of the traffic control signal shall be determined by the County through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. 8. Any and all persons engaged in the maintenance work to performed by the County shall not be considered employees of the City, and any and all claims that may arise under the Worker's Compensation Act of this State on behalf of those employees so engaged, and any and all claims made by any third party as a consequence of any negligent act or omission on the part of those employees so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City. PW 2013-08 Page 2 of 4