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initiate the response to an emergency event. <br /> 5.2 Response to Work Orders. Upon receipt of a Work Order, the performing <br /> party shall review the Services requested therein.In its sole discretion,the performing party <br /> may agree to accept or reject the Work Order. Should the Work Order be rejected, the <br /> performing party shall make a notation to that effect on the Work Order and return it to the <br /> requesting party. Should the Work Order be accepted, the performing party shall (1)make <br /> a notation to that effect on the Work Order, and (2) prepare an Estimate of the time and <br /> costs for the requested Services as well as the time and cost of preparing said Estimate, <br /> which it will attach to the Work Order.The Estimate is non-binding and does not constitute <br /> a bid or contract maximum,and the requesting party shall remain liable for the entire actual <br /> cost as described in Section 8 below. Once the Estimate has been attached to the Work <br /> Order,the Work Order and Estimate shall be returned to the requesting party. <br /> 5.3 Notice to Proceed. Upon receipt of a responsive Work Order and Estimate <br /> the requesting party may issue a written Notice to Proceed authorizing the performing party <br /> to perform the requested Services. The issuance of a Notice to Proceed shall constitute a <br /> representation by the requesting party that (1) it finds the Estimate acceptable, and (2) <br /> sufficient funds are appropriated to cover the cost of the Services. <br /> 5.4 Performing Party. Upon issuance of a Notice to Proceed,the Administrators <br /> or their designated agents shall finalize working procedures associated with the delivery of <br /> the Services. The performing party shall furnish and supply all necessary labor, <br /> supervision, machinery, equipment, material and supplies other than those required to be <br /> furnished by the requesting party, PROVIDED HOWEVER that the performance of work <br /> shall be subject to availability of personnel,equipment,and materials necessary to perform <br /> the Services without unduly disrupting the normal operations and functions of the <br /> performing party. The performing party shall notify the requesting party of any inability to <br /> perform under this Agreement, including postponement of Services due to workload <br /> constraints. <br /> 5.5 Changes to Work Orders by the Requesting Party. The requesting party <br /> may make changes to the requested Services by submitting a new Work Order outlining in <br /> detail the desired changes to the Services. The performing party, in its sole discretion,may <br /> accept or reject the new Work Order, PROVIDED HOWEVER that the acceptance is not <br /> required where the requesting party is terminating work pursuant to Section 14.2 below. <br /> The requesting party shall be liable for all increases in cost, if any, which may be incurred <br /> by changes to the Services, including but not limited to clean-up and striping costs and any <br /> non-cancelable costs. <br /> 5.6 Changes to Work Orders by the Performing Party. After issuance of a <br /> Notice to Proceed, the performing party shall provide the requesting party with written <br /> notification of any changes to the Work Order required by the performing party when such <br /> changes will substantially alter the nature of the Services or the Estimate. The performing <br /> party shall obtain the requesting parry's written approval to any such changes before <br /> implementing them. <br /> (Rev. 10-2021)INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND 4 of 11 <br /> STREET SERVICES WITHIN THE CITY OF EVERETT <br />