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3 <br /> <br /> <br />the Work. These changes will be shown in the revised work orders. Such changes <br />shall not invalidate the Contract nor release the surety, and the Contractor agrees to <br />perform the Work as changed by the revised work orders. The Contractor shall not <br />proceed with a change to the Work without a revised work order or other written <br />directive from the City. <br />(c) No Guarantee by City as to Amount or Combination of Work. The City does not <br />guarantee any specific amount of Work will be given to Contractor under this <br />Contract. Issuance of work orders is at the City’s sole discretion. The City reserves <br />the right to issue no work orders at all. The City also does not guarantee that wor k <br />orders will combine Work in ways that are advantageous to the Contractor. The City <br />reserves the right to issue work orders on a piecemeal basis, issuing multiple work <br />orders with single Work items. Such piecemealing does not affect the unit prices <br />and does not affect the Contractor’s obligation to complete the Work as set forth in <br />such work orders. <br />(d) Unit Prices Fixed Regardless of Number of Units Ordered. The line item unit prices in <br />Form 3.02 are fixed regardless of the number of line items actually ordered by the <br />City. Adjustments to unit prices are governed solely by Section 2.16, Pricing <br />Adjustments. The estimated quantities of line items in Form 3.02 are only for <br />bidding convenience and actual quantities ordered by the City may vary from such <br />estimates. <br /> 4. Compensation. The basis for payment to the Contractor will be the actual amount of <br />Work performed according to the Contract Documents and payments, whether partial or final, shall be <br />made as specified therein. Although the City will pay the Contractor for all Work completed in <br />accordance with the Contract, this Contract guarantees no specific amount of Work, as the amount of <br />Work under this Contract is dependent on the City issuance of work orders, which is at the City’s sole <br />discretion. In no event shall the total amount paid Contractor exceed the amounts calculated by the <br />unit prices in Form 3.02 (or as such unit prices may be ad justed elsewhere in the Contract Documents) <br />for completed Work. The City may, in its sole discretion, withhold amounts from payments otherwise <br />due as offsets or back charges for expenses, damages, liquidated damages or costs for which the <br />Contractor is liable for not to exceed 10% of the total amount of the contract. If the City chooses not to <br />offset or deduct any such expenses, damages, liquidated damages or costs from one or more payments <br />or return of retainage, the City does not waive its claim for such damages and hereby expressly <br />reserves its right to assert a claim against the Contractor for such damages. <br />5. Withholding. Five percent (5%) of amounts due Contractor shall be retained and <br />withheld to ensure to comply with RCW Chapter 60.28. Retained amounts shall only be released: (A) <br />as required by law or (B) sixty (60) days after completion of all contract work if there are no claims <br />against the retained funds. In addition to the amounts required by RCW 60.28 to be withheld from the <br />progress or retained percentage payments to the Contractor, the City may, in its sole discretion, <br />withhold any amounts sufficient to pay any claim against the Contractor of which the City may have <br />knowledge and regardless of the informalities of notice of such claim arising out of the performance of <br />this contract. The City may withhold the amount until either the Contractor secure s a written release <br />from the claimant, obtains a court decision that such claim is without merit, or satisfies any judgment