Laserfiche WebLink
4. The EVP systems (Systems "C", "D", "E", c7", "G" and "H") shall be operated, maintained, <br /> revised or removed in accordance with the following conditions and requirements: <br /> • a. All modifications, revisions and maintenance of the EVP System considered necessary or <br /> desirable for any reason, shall be done by County forces, or, upon concurrence in writing by the <br /> County's Traffic Engineer, may be done by others all at the cost and expense of New Brighton. <br /> b. Emitter units may be installed and used only on vehicles responding to an emergency as defined in <br /> Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03. <br /> c. New Brighton shall maintain and require others using the EVP System to maintain a log showing <br /> the date, time and type of emergency for each time the traffic signal covered hereby is actuated and <br /> controlled by the EVP System. Malfunction of the EVP System shall be reported to the County <br /> immediately. <br /> d. All maintenance of the EVP System shall be performed by the County, and New Brighton shall be <br /> responsible for actual cost thereof. The County shall submit and invoice to New Brighten annually, <br /> listing all labor, equipment, materials and overhead used to maintain the EVP System. Labor cost and <br /> overhead and equipment costs will be at the established rates paid by the County at the time the work <br /> is performed, and material costs will be invoiced at the actual cost thereof to the County. Twenty- <br /> five percent (25%) of these costs will be added to the invoice, to cover the County's cost for <br /> supervision and administration, in accordance with the policy for Traffic Control Signal Systems, <br /> County Board Resolution 81-1001. New Brighton shall promptly pay the County the full amount <br /> due. <br /> e. In the event said EVP System or components are, in the opinion of the County, being misused or <br /> the conditions set forth in Paragraph b above are violated, and such misuse or violation continues <br /> after receipt by said party of written notice thereof from the County, the EVP System pursuant to <br /> this paragraph, the field wiring, cabinet wiring and other components shall become the property of <br /> the County. All infrared detector heads and indicator lamps mounted external to the traffic signal <br /> cabinet will be returned to New Brighton. The detector receiver and any other assembly located in <br /> the control signal cabinet, which if removed will not affect the traffic control signal operation, will be <br /> returned to New Brighton. <br /> f. All timing of said EVP System shall be determined by the County, through its Traffic Engineer. <br /> g. Except for the negligent acts of the County, its agents and employees engaged in the maintenance <br /> work, New Brighton shall assume all liability for, and save the County, its agents and employees, <br /> harmless from any and all claims for damages, actions or causes of action arising out of the <br /> continuing uses by New Brighton including but not limited to the operations, use and existence of the <br /> equipment for the EVP System. <br /> 5. All timing and related adjustments of the traffic control signals shall be determined by the County <br /> through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of <br /> the County. <br /> 94013-4 <br />