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make a notation to that effect on the Work Order and return it to the City. Should the <br /> County accept the Work Order, it shall (1) make a notation to that effect on the Work <br /> Order, and (2) prepare an Estimate of the time and costs for the requested Services as <br /> well as the time and cost of preparing said Estimate, which it will attach to the Work <br /> Order. The Estimate is non-binding and does not constitute a bid or contract maximum, <br /> and the City shall remain liable for the entire actual cost as described in Section 8 below. <br /> Once the Estimate has been attached to the Work Order,the County shall return the Work <br /> Order and Estimate to the City. <br /> 5.3 Notice to Proceed. Upon receipt of a responsive Work Order and Estimate <br /> from the County accepting the City's request for Services, the City may issue a written <br /> Notice to Proceed authorizing the County to perform the requested Services. The <br /> issuance of a Notice to Proceed shall constitute a representation by the City that (1) it <br /> finds the County's Estimate acceptable, and (2) sufficient funds are appropriated to cover <br /> the cost of the Services. <br /> 5.4 Performance by the County. Upon issuance of a Notice to Proceed, the <br /> Administrators or their designated agents shall finalize working procedures associated <br /> with the delivery of the Services. The County shall furnish and supply all necessary labor, <br /> supervision, machinery, equipment, material and supplies other than those required to be <br /> furnished by the City, PROVIDED HOWEVER that the County's performance shall be <br /> subject to availability of personnel, equipment, and materials necessary to perform the <br /> Services without unduly disrupting the normal operations and functions of the County. <br /> The County shall notify the City of any hardship or other inability to perform under this <br /> Agreement, including postponement of Services due to County workload constraints. <br /> 5.5 Changes by the City to Work Orders. The City may make changes to the <br /> requested Services by submitting a new Work Order outlining in detail the desired <br /> changes to the Services. The County may, in its sole discretion, accept or reject the new <br /> Work Order, PROVIDED HOWEVER that the County's acceptance is not required <br /> where the City is terminating work pursuant to Section 14.2 below. The City shall be <br /> liable for all increases in cost, if any, which may be incurred by changes to the Services, <br /> including but not limited to clean-up and striping costs and any non-cancelable costs. <br /> 5.6 Changes by the County to Work Orders. After issuance of a Notice to <br /> Proceed, the County shall provide the City with written notification of any changes to the <br /> Work Order required by the County when such changes will substantially alter the nature <br /> of the Services or the Estimate. The County shall obtain the City's written approval to <br /> any such changes before implementing them. <br /> 5.7 Authority of Administrators. By entering into this Agreement and upon it <br /> becoming effective as described in Section 2 above, both parties authorize their <br /> respective Administrators to accept, deny, and negotiate the Work Orders described in <br /> this Section 4, including any associated increase, decrease, or other change to the costs of <br /> the Services. <br /> (Rev. 7-2013)INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 4 of 11 <br /> SERVICES WITHIN THE CITY OF EVERETT <br />