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It is understood that the Level of Maintenance I meets the minimum requirements of the <br /> Illinois Manual on Uniform Traffic Control Devices for Streets and Highways and Level of <br /> Maintenance II exceeds the Manual requirements and is prescribed for those traffic <br /> signals that the District Engineer, with the concurrence of the Engineer of Operations, <br /> determines to require a higher level of maintenance for adequate operations of the <br /> highway system at those locations. <br /> It is also understood that if, in the judgement of the STATE, the CITY has not provided <br /> adequate maintenance for those traffic signals which it has been assigned to maintain, <br /> the STATE will, upon giving 30 days written notice, arrange for the appropriate <br /> maintenance efforts and bill the CITY for its share of the costs. <br /> The CITY agrees to bill the STATE, for its proportionate share of the traffic signal <br /> maintenance costs on a three-month basis. The amount billed shall be the actual costs <br /> incurred less any third party damage claims received during the billing period for repair <br /> of traffic signals that are the responsibility of the billed party. Any proposed <br /> expenditures in excess of $5,000 for repair of damage to any single traffic signal <br /> installation must be approved by the billed party before the expenditure is made. The <br /> STATE reserves the right to examine the records of the CITY to determine that costs <br /> billed are fully documented. <br /> The STATE agrees to make arrangements with the local power company to furnish the <br /> electrical energy for the operation of the traffic signals. The CITY agrees to pay their <br /> proportionate share of this cost as billed by the local power company. <br /> The STATE retains the right to control the sequence and timing of the traffic signals. <br /> Payment by the STATE of any or all of its share of maintenance and energy costs is <br /> contingent upon the STATE receiving adequate funds in its annual appropriation. <br /> The parties hereto agree that the traffic signal maintenance and energy provisions of <br /> this Agreement shall remain in effect for a period of twenty (20) years from the date of <br /> its execution or so long as the traffic signals covered by the terms of this Agreement or <br /> any amendment hereto remain in place either in their current or some modified <br /> configuration, whichever, is the shorter period of time. Such an effective term shall � <br /> apply unless otherwise agreed in writing by the parties hereto. <br /> 14. The CITY, agrees to provide written approval of that portion of the plans and <br /> specifications relative to the CITY, financial and maintenance obligations described <br /> herein, prior to the STATE's advertising for the aforedescribed proposed improvement. <br /> 15. This AGREEMENT and the covenants contained herein shall be null and void in the <br /> event the contract covering the construction work contemplated herein is not awarded <br /> within the three years subsequent to execution of the agreement. <br /> -5- <br />