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CONSTRUCTION CONTRACT COLLEGE STREET RECONSTRUCTION- 2012 THIS CONTRACT, dated this 5th day of June, 20I2. by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter. "City") and Germer Construction, Inc. (hereinafter. "Contractor"): WITNESSETH: WHEREAS. pursuant to the invitation or the City, extended through an officially published "Advertisement for Bids", the Contractor did, in accordance therewith file with the City a proposal containing an of'fer which was invited by said notice; and WHEREAS. the City has determined that said olTer was the lowest and best submitted: NOW THEREFORE. the parties to this Contract, in consideration or the mutual covenants and stipulations set out, agree as follows: ARTICLE 1 . CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City and the Contractor concerning the work to be performed arc this Contract. pages one through and the l'ollowing: I. Advertisement for Bids: 2. Project Specifications titled: College Street Reconstruction-20I2 City of Moscow Project No. I 16-01 I 3. Bid/Proposal of the Contractor, dated May 22, 2012. physically attached to this Contract: 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically anached to this Contract; 6. Addendum No. One issued prior to opening or bids, attached to this Contract: 7. Change Orders which may be delivered or issued after the effective date of this Contract. There are no Contract Documents other than those listed in Article I. This Contract may only he amended by change order as provided in the General Conditions. ARTICLE2. WORK The Contractor shall complete the entire work as specified. indicated and required under the Contract Documents for City of Moscow project titled: COLLEGE STREET RECONSTRUCTION - 20I2 ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall he substantially complete on or before Seventy (70) Calendar Days from the issuance of the Notice to Proceed, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. ---PAGE BREAK--- ARTICLE4. CONTRACT SUM The City shall pay the Contractor for completion or the Work in accordance with the Contract Documents in current funds the amount of Seven Hundred Seventy Five Thousand One Hundred Thirty Eight Dollars and Seventy Five Cents ($775,138.75) for Base Bid and Alternate Numbers One, Two, and Four. Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLES. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established bet ween the Contractor and the City by the terms of this contract. II is understood by the parties hereto that the Contractor is an independent conlractor and as such neither it nor its employees, agents, representatives or subcontr