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2 <br /> <br />Contract <br />Documents <br />The following documents (“Contract Documents”) are incorporated by <br />reference and are hereby made a part of this Contract: this contract <br />document, general conditions; change orders; all provisions required <br />by law, and the following document(s), if any: <br /> <br />N/A <br /> <br />2. The Work. In consideration of the sums to be paid to it by the City, the Contractor <br />hereby covenants and agrees to furnish all labor, tools, materials, equipment, and supplies required to <br />complete all work as set forth in the Contract Documents. The Contract Documents are shown in the <br />Basic Provisions. The entire work set forth in the Contract Documents is referred to herein as either the <br />“Work” or the “Project.” If a purchase order is issued for the Work, it is only a Notice to Proceed. Such <br />purchase order’s pre-printed terms and conditions are not part of the Contract. If there is any <br />inconsistency in the parts of the Contract Documents, then the most stringent on the Contractor <br />applies, unless the City’s authorized representative determines otherwise in writing. The Work <br />required in one part must be furnished even if not mentioned in other parts of the Contract. These <br />parts complement each other in describing the complete Work. Any requirement in one part binds as <br />if stated in all parts. The Contractor shall provide any work or materials clearly implied in the Contract <br />even if the Contract does not mention it specifically. <br /> <br />3. Contract Time. The Work shall be complete as stated in the Basic Provisions. <br /> <br /> 4. Contract Price. The amount of this Contract is the Contract Price stated in the Basic <br />Provisions. The basis for final payment will be the actual amount of work performed according to the <br />Contract Documents, and payments, whether partial or final, shall be made as specified therein. If, and <br />to the extent, payment (in whole or in part) is based upon unit prices multiplied by quantities of work <br />actually performed, the total amount paid to the Contractor may be less than Contract Price stated <br />herein, and the Contractor agrees to execute one or more change orders in such event. In no event <br />shall the total amount paid Contractor exceed the Contract Price stated herein unless the Contract <br />amount has first been increased by one or more Change Orders signed by the City. The City may, in its <br />sole discretion, withhold amounts from payments otherwise due as offsets or back charges for <br />expenses, damages, liquidated damages, or costs for which the Contractor is liable for not to exceed <br />10% of the total amount of the contract. If the City chooses not to offset or deduct any such expenses, <br />damages, liquidated damages, or costs from one or more payments or return of retainage, the City <br />does not waive its claim for such damages and hereby expressly reserves its right to assert a claim <br />against the Contractor for such damages. <br /> <br />5. Withholding. Five percent (5%) of amounts due Contractor shall be retained and <br />withheld to ensure to comply with RCW Chap. 60.28. Retained amounts shall only be released: (A) as <br />required by law or (B) sixty (60) days after completion of all contract work if there are no claims against <br />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