No preview available
1966-01CONTRACT AND AGREEMENT THIS CONTRACT, made and entered into this 14th day of December, 1966, by and between the CITY OF CLERMONT, Florida, hereinafter called, the OWNER and MICHAELS ENGINEERING CO., of Orlando;. Florida, hereinafter called the ENGINEERS): WITNESSETH: That for and in consideration of the mutual covenants and agreements, hereinafter contained, the parties hereto for themselves, their succcssors and assigns, have mutuall y appeared and do agree with each other as follows: ARTICLE 1. Tne OWNER does hereby employe the ENGINEERS as City Engineers and Consulting Engineers in connection with sewerage collection and disposal project which is now under by the OWNER. This does not in any way, prohibit the OWNER from employing other engineers for other specific projects. SCOPE: The scope of the work to be included under this contract is meant to cover any engineering services requested by the OWNER in connection with or rising out of the present sewerage collection system, and treatment project as set out above. 'NOW. THEREFORE. the OWNER and the ENGINEER for these considerations hereinafter set forth agree as follows; SECTION 1 - BASIC SERVICES OF THE ENGINEE R A, General 1. The ENGINEER agrees to services in connection with inafter stated. 2. The ENGINEER shall serve as the OWNER'S professional representative in all phases of the PROJECT, and shall give consultation and advice to the OWNER during the performance of his services. B. Preliminary Report Phase: During the preliminary report phase the ENGINEE R shall: 1. Consult with the OWNER to determine the require- ments of the PROjECT. 2. Provide consultation and advice as to the neces- sity of providing or obtaining other services such as: property, boundary, right-of-way, topographic and utility surveys; core bearings, probings or subsurface explorations; hydrographic surveys; and laboratory testing and inspection of samples or other materials; other special consultation; and act as the OWNER'S representative in con- nection with any such services. 3. Prepare a preliminary engineering study and report of the PROJECT, in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the OWNER, to include schematic layouts and sketches and general cost estimates for the PROJECT, and to set forth the ENGINEER'S recommendations. C.- Preliminary Design Phase: After written authorization to proceed with the prelim- -2 - inary design phase the ENGINEER shall: 1. Provide consultation and advice as to the neces- sity of obtaining further services from others of the types described in paragraph 1. B. 2. above, and act as the OWNER'S representative in con- nection with any such services. 2. On the basis of the approved preliminary engin- eering study and report and the data obtained as a result of such further services, prepare pre- limimiry design documents consisting of design criteria, drawings and outline specifications to develop and establish the scope of the PROJECT. 3. Furnish five copies of the above preliminary de- sign documents and cost estimates. D. Final Design Phase: After written authorization to proceed with the final design phase the ENGINEER shall: 1. On the basis of the approved preliminary design documents prepare detailed construction drawings and specifications for the PROJECT. 2. Furnish to the OWNER engineering data for and assist in the preparation of the required documents so that the OWNER may secure approval of such governmental authorities as have jurisdiction over design criteria applicable to the PROJECT. 3. Advise the OWNER of any adjustment of the cost estimate for the PROJECT caused by changes in scope, design requirements or construction costs and furnish a revised cost estimate for the PROJECT -3- .. based on the completed drawings and specifi - cations, 4. Prepare proposal forms and notice to bidders and assist in the preparation of the Contract Documents, 5. Furnish ten copies of the Contract Documents con- sisting of construction agreement forms, generai conditions, special provisions, detailed construc- tion drawings and specifications. 6. Assist the OWNER in obtaining and evaluating bids and awarding contracts for the construction of tlie PROJECT. E. Construction Phase: After written authorization to proceed with the con- struction phase the ENGINEER shall: 1. Make periodic visits to the site to observe the pro- gress and quality of the executed work and to de- termine in general if the work is proceeding in ac- cordance with the Contract documents: he will not be required to make exhaustive or continuous on- site inspections to check the quality or quantity of the work. At the OWNER'S discretion ENGINEER Will provide a resident supervisor on the job to pro- vide close and constant supervision of the work being done at a rate and under conditions as later agreed by OWNER and ENGINEER. ENGINEE R will not be responsible for the Contractors failure to perform the construction work in accordance with the Con- tract Documents; and during such visits and on the basis of his on-site observations as an experienced -4 - and qualified professional, he will keep the OWNER informed of the progress of the work, will endeavor to guard the OWNER against de- fects and deficiencies in the work of the Contractors, and may disapprove work as failing to conform to the Contract Documents. 2. Check and approve samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the Contractor is required to submit, only for conform- ance with the design concept of the PROJECT and compliance with the information given by the Con- tract .Documents; and assemble written guarantees which are required by the Contract Documents. 3. Consult with and advise the OWNER, act as the OWNER'S representative at the PROJECT site, is- sue all instructions of the OWNE R to the Contractor and prepare routine change orders as required. 4. Based on his on -site observations as an experienced and qualified design professional and on his review of the contractors' applications for payment, deter- mine the amount owing to the Contractors and ap- prove in writing, payment to the Contractors in such amounts; such approvals of payment to constitute a representation to the OWNER, based on such obser- vations and review and the date comprising such ap- plications, that the work has progressed to the point indicated and that, to the best of his knowledge, in- formation and belief, the quality of the work is in .ac- -5- cordance with the Contract Documents, sub- ject to the results of any subsequent test called for in the Contract Documents and any qualifi- cations stated in his approval. 5. Conduct, in company with. the OWNER, a final inspection of the PROJECT for conformace with the design concept of the PROJECT and compliance with the information given by the Contract Docu- ments, and approve in writing final payment to the Contractors. SECfION 11 - ADDITIONAL SERVICES OF THE ENGINEER A. General: If authorized in writing by the OWNER. the ENGINEER shall furnish additional services of the following types which will be paid for by the OWNER as indicated in paragraph V. B. 1. Furnish property, boundary, right-of-way, top- agraphic and utility surveys; core bearings, probings, or subsurface explorations; hydrographic 'surveys; laboratory testing and inspection of samples or materials; and other special consultation. 2. Additional services due to significant changes in ~en- eral scope of the PROJECT or its design including, but not limited to, changes in size, complexity, or character of construction. 3. Revising previously approved studies, reports, de- sign documents, drawings or specifications. 4. Serving as an expert witness for the OWNER in any litigation or other proceeding involvillg the PROJECT. B. Resident Project Services: If authorized by the OWNER, the ENGINEER will pro- vide Resident Project Representation, to be paid for under Sec. V. B. 2. SECTION III - THE OWNER'S RESPONSIBILITIES The OWNER shall: A. Provide full information as to his requirements for the PROJECT. B. Assist the ENGINEER by placing at his disposal all avail- able information pertinent to the site of the PROJECT in -. eluding previous reports and any other data relative to design of construction of the PROJECT. C. Guarantee access to and make all provisions for the EN- GINEER to enter upon public and private lands as re- quired for the ENGINEER to perform his work under this Agreement. D. Examine all studies, reports, sketches, estimates, draw- ings, specifications, proposals and other documents pre- sented by the ENGINEER and shall render in writing de- cisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. E. Advertise for proposals from bidders, open the proposals at the appointed time and place, and pay for all costs in- cident thereto. -7 - F. Provide such legal, accounting and insurance counseling services as may be required for the PROJECT. G. Designate in writing a person to act as OWNER'S repre- sentative with respect to the work to be performed under this Agreement; and such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to materials, equipment elements and sys- tems pertinent to the work covered by this Agreement. H. Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the PROJECT. I. Obtain approval of all governmental authorities having jurisdiction over the PROJECT and such approvals and consents from such other individuals or bodies as may be necessary for completion of the PROJECT. j. Furnish, or direct the ENGINEER to provide at the OWNER'S expense, necessary additional services as stipulated in Section 11 of this Agreement, or otherwise as required.' SECTION lV - PERIOD OF SERVICE A. The services called for in the preliminary report phase of this Agreement shall be completed and the report sub- mitred within sixty (60) days following authorization for the ENGINEER to proceed. B. After acceptance by the OWNE R of the preliminary re- port and general cost estimate, indicating any specific modifications or changes in scope desired by the OWNER, and upon written authorization from the OWNER, the ENGINEER shall proceed with the per- formance of the services called for in the prelim- inary design phase of this Agreement, and shall sub- mit preliminary design documents and cost estimates within sixty (60) days following authorization for the ENGINEER to proceed. c. After acceptance by the OWNER of the preliminary design documents and revised cost estimates, in- dicating any specific modifications or changes in scope desired by the OWNER, and upon written auth- orization from the OWNE R, the 'ENGINEER will pro- ceed with the performance of the services called for in the final design phase of this Agreement, so as to deliver completed detailed construction drawings, specifications and cost estimates for all authorized work on the PROJECT within two hundred fifty (250) days thereafter. D. Unless sooner terminated as provided in paragraph Vl. A, this Agreement shall remain in force: (1) for a period which may reasonably be required for the design, award of contracts and construction of the PROJECT, including extra work and any required extension thereto; or (2), in case construction is not commenced, for a period of twelve (12) months after the completion of the services called for in that phase of the work last authorized. . SECTION V - PAYMENTS TO THE ENGINEER A. Payments for Balic Services of the ENGINEER under Section 1 for the Subject Project: -9- ' 1. The OWNER shall pay the ENGINEER for services under Section 1-B - Prelimipary Report Phase, a mutually agreed upon lump sum, upon the sub- mission of the Preliminary Engineering Report. ยท 2. For services provided under Section 1, paragraphs C, D, and E when authorized by the OWNER, the ENGINEER will receive compensation according to the following schedule based upon Project Con- struction Costs. TABLE 1 If the Cumulative Construction Cost of Each Contractual Division of Work is: The Fee for Such Contract- ual Division shall be: More than $20,000 & less than $200,000 8. 50% of construction cost More than $200,000 & less than $350,000 More than $350,000 & less than $550,000 More than $550,000 & less than $750,000 More than $750,000 & less than $1,000,000 8.50% of of construction cost 7. 50% of construction cost 7.00% of construction cost 6.75% of construction cost More than $1,000,000 & less than $1, 500,000 6.50% of construction cost More than $1,500,000 & less than $2,000,000 More than $2,000,000 & less than $3,000,000 6.25% of construction cost 6.00% of construction cost 3. Payments on account of said fee for basic services provided in V. A. 2, above shall be made as follows: 20 per cent of fee 60 per cent of fee (c) Construction phase 20 per cent of fee Payments for additional services of the ENGINEER under (a) Preliminary design phase (b) Final design phase B. Section 11: 1. Furnishing services under 11. A. 1, at invoice cost of the services: Field Crews for all surveying work at the rate of One Hundred Dollars ($100.00) per day. 2. Services under 11 A. 2 & 3 at the total payroll cost of salaries and wages times a factor of 2.20 to provide for general overhead and profit plus the actual cost of reimbursable expenses as de- fined hereinafter. 3. The OWNER shall pay the ENGINEER for serving as an expert witness at the rate of One Hundred Fifty Dollars ($150.00) per day or any portion thereof plus out of pocket expense. (It being under- stood that any testimony necessary for the valid- ation of bonds issued in regard to the subject PRO- JECT shall be included in the fee for this PROJECT and shall be no extra charge to OWNER.) 4. Reimbursable expenses shall mean the actual ex- pense of transportation and subsistence of princi- pals and employees when traveling in connection with the PROJECT, field office expenses; Resident Pro- ject Representative's subsistence and transportation, toll telephone calls and telegrams, reproduction of reports, drawings and specifications, and similar Project related items. 5. Payments for additional services shall be made monthly, upon presentation of ENGINEER'S detailed statement. -11- c. GENERAL 1. Project construction cost to be used as a basis for payment under paragraph V A. 2 shall be based on one of the following sources with pre- cedence in the order listed: (a) The lowest acceptable bona fide contractor's proposal. (b) Total cost of all work performed as designed or specified by the ENGINEER including mater- ials, labor and equipment. (c) The ENGINEER'S most recent cost estimate for the PROjECT. All materials, labor, or equipment furnished by the OWNER shall be included at fair market value. 2. The PROJECT construction cost does not include the ENGINEER'S Fee, the cost of the land, right-of-way, or compensation for and/or damages to property unless this Agreement so specifies, nor does it in- clude the OWNER'S legal accounting, insurance counseling services or interest charges incurred in connection with the PROjECT. 3. If any portion of the PROJECT is not bid or put under contract for a period of six (6) months after comple- tion of the final design phase, the ENGINEERS com- pensation under paragraph V A. 1 (b) shall be based on one of the following sources with precedence in the order listed: (a) Lowest acceptable bona fide Contractor's -12- proposal for such portion of the PROJECT. (b) The ENGINEER'S most recent cost estimate for such portion of the PROJECT. 4. The payroll cost of salaries and wages used as a basis for payment under paragraph V B. 1 and 2 shall mean the cost of salaries and wages paid to principals and employees engaged directly on the PROJECT, including, but not limited to, engineers, architects, surveymen, designers, draftsmen, spec- ification writers, estimators, stenographers and clerks, plus cost of fringe benefits including, but not limited to, social security contributions, un-' employment, excise and payroll taxes, workmen's compensation, health and retirement benefits, bo- nuses, sick leave, vacation and holiday'pay appli- cable thereto. 5. If the ENGINEER'S most recent cost estimate for the PROJECT or the lowest bona fide contractor's proposal is in excess of any limit stated herein, the OWNER shall give written approval of an increase in the limit, or he shall cooperate in revising the PRO- JECT'S scope or quality, or both, to reduce the cost as required. 6. If this Agreement is terminated upon completion of any phase of the ENGINEER'S services, the progress payments to be made in accordance with paragraph V A. 2(b) on account of that and all,prior phases shall constitute total payment for services rendered; if terminated during any phase of the work, the ENGINEER shall be paid for services performed during such phase on the basis of the estimate rendered by a professional engineer/registered in Florida of the OWNER'S choice of that portion of the work that has been com- pleted prior to termination. In the event of any termination, the ENGINEER shall be paid all term- inal expenses resulting therefrom plus payment for additional service then due. Any primary payment made under paragraph V A.2 (a) shall be credited to any terminal payment due the ENGINEER. If, prior to termination of this Agreement, any work designed or specified by the ENGINEER during any phase of the work is suspended in whole or in part for more than three months, or abandoned, after written notice from the OWNE R, the ENGINEER shall be paid for services performed on account of it prior to receipt of such notice from the OWNER as pro- vided in paragraph V C. 6 for termination during any phase of the work. SECTION VI - GENERAL CONSIDERATIONS A. Termination: This Agreement may be terminated by either party by seven (7) days written notice'in the event of substantial failure to perform in accordance with the terms hereof by the one party through no fault of the other party. If this Agreement is so terminated, the ENGINEER shall be paid ail provided in paragraph V C. 6. -14 - B. Ownership of Documents: All documents, including original drawings, estimates, specifications, field notes and data are and remain the property of the ENGINEER as instruments of service. The OWNER may, at its own expense, retain reproducible copies of drawings and copies of other documents, in consideration of which it is mutually agreed that the OWNE R will use them solely in connection with the PROJECT, and not for the purpose of making subsequent extensions or enlargements thereto, save with the express consent of the ENGINEER. Re-use for extensions of the PROJECT, or for new projects, shall require permission of the ENGINEER and shall entitle him to further compensation at a rate to be agreed upon by OWNER and ENGINEER. c. Estimates: Since the ENGINEER has no control over the cost of labOr and materials, or over the competitive bidding and market conditions the estimates of construction cost provided for herein are to be made on the basis of his experience and qualifications but the ENGINEER does not guarantee the accuracy of such estimates as compared to the Contractors t bids or the PROJECT construction cost . D. Arbitration: Arbitration of all questions in dispute under this Agreement shall be 'at the choice of either party and shall be in ac- cordance with the rules of the American Arbitration Asso- ciation. This Agreement shall be specifically enforceable under the prevailing arbitration law and judgment upon the award rendered may be entered in the court of the forum, State or Federal, having jurisdiction. The decision of the -15- arbitration shall be a condition precedent to the right of any legal action E. Successors and Assigns: The OWNER and the ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither the OWNER nor the ENGINEER shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. THIS AGREEMENT is made and entered into by authority of a Motion of the City Council of the City of Clermont, Florida, passed in Reg- ular Session this 13th day of December, A.D., 1966, 1966, a cer- tified copy of the Minutes of said meeting is attached hereto. IN WITNESS WHEREOF, the ENGINEER has caused these presents and sealed by its I President and the City has caused these presents to be signed by the City Manager and attested to, all the year and day first above written. CITY OF CLERMONT, FLORIDA Attest: City Manager Title MICHAELS EGINEERING COMPANY By Floyd Groo, President AMENDMENT NO. 1 TO CONTRACT AND AGREEMENT :made and entered into the 14th day of December,. 1966, by and between the CITY OF CLERMONT, FLORIDA and MICHAELS ENGINEERING' COMPANY, ORLANDO, FLORIDA This Amendment provides that the Engineer will: (1) Submit a report once a month to the City with a copy to the Housing and Urban Development Area Engineer, covering the general progress of the job, and describing any problems or factors contributing to delay. (2) Prepare and submit proposed contract change orders., (3) Certify partial payments to contractors. ' (4) Check contractors' and subcontractors' payrolls for compliance with the labor provisions of the contract. This Contract Amendment is made and entered into by authority of a motion of the BOARD OF CITY COUNCILMEN of CLERMONT, FLORIDA, passed in Special Session on the 29th day of April; 1970, a copy of ymich is attached hereto, authorizing the Mayor and City Clerk to execute the same in behalf of the City. IN TESTIMONY WHEREOF: The parties hereto have caused this Agreement to be executed in duplicate the day and year first written above. CITY OF CLERMONT, FLORIDA(Owner) City Clerk By Mayor ATTEST: Date MICHAELS ENGINEERING COMPANY ATTEST: By Date President Resolutions No. 128 A RESOI.lUTION AUTHORIZING MICHAELS ENG!NEERING COMPANY TO PERFORM CERTAIN ENGINEERING SERVICES IN CONNECTION WITH THE SANITARY SEWER, COLLECTION AND TREATMENT FACILITIES PROGRAM OF THE CITY OF CLERMONT, FLORIDA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA That Michaels Engineering Company is hereby authorized to perform the necessary survey field work. engineering design, final engineering drawings, specifications and contract documents, assessment plats and assessment rolls for the proposed sewer lines, lift stations, and' force mains as required to give sanitary sewer service to the City of Clermont and the necessary Treatment Plant and Disposal Facilities, all as indicated and as intended in the preliminary report as presented to the City of Clermont, Florida, by Michaels Engineering Company on November 30, 1964. All work to be performed under the terms of the contract: between the City of Clermont and Michaels Engineering Company, dated December 14,1966. Introduced and passsed by the City Council of the City of Clermont, Florida, Attest City Clerk April l, 1971 Mr. Floyd Groo Michae1s-Stiggins, Inc 3025 East South Street Orlando, Florida 32803 Dear Floyd: Today while going through some files I ran across a letter dated September 8, 1966, a copy of which is attached. The letter refers to a contract which not only covers the sewer program, but a broad category of general City Engineering Services. Was that contract ever executed? I can't find any sewer contract or sewer/other engineering services contract in our files. Could you shed some light 'on this and provide us with any contracts actually executed along these lines? Any help will be appreciated. Sincerely, Robert M Hopkins City Manager RMH:md Attachment Received APR 5 1971 MICHAELS-STIGGINS, INC. ENGlNEERS & ARCHITECTS MICHAELS ENGINEERING COMPANY CONSULTING ENGINEERS MICHAELS BUILDING, ORLANDO. FLORIDA TELEPHONE 425-8691 September 8, 1966 Mr. Albert M. Johnson, City Manager City of Clermont City Hall Clermont, Florida Dear Albert: Enclosed please find two copies of the contract for Engineering Services with the City of Clermont which you had requested. This is a copy which was distributed to the Council some time ago and of which all Council Members should have copies. This contract, as you will note, not only covers the sewer program but a broad category of general City Engineering Services. This type of contract was evolved after several discussions with the past City Manager, as the type of contract desirable for the City. After yours and Council's review I would be most happy to meet and dis- cuss questions which might arise. Very truly yours, MICHAELS ENGINEERING CO. Floyd Groo FG/ob Enclosures GENERAL RELEASE WHEREAS, The City of Clermont, Florida, in t he early 1960's planned the construction of a centralized sewerage collection and treatment plant, and WHEREAS, in conjunction with those plans, the City of Clermont entered into a contract dated December 14, 1966 with Michaels Engineering Co. (now called Michaels-Stiggins, Inc., Engineers and Architects) , employing such engineers a s city engineers and consulting engineers in connection with the sewerage collection and disposal project under considera- tion by the City of Clermont, and WHEREAS, Michaels Engineering Co. agreed to provide services, including, but not limited to, providing consultation and advice as to the necessity of providing or obtaining other services such as probings or sub- surface explorations and to act as the City's representative in connection with any such services and to provide services in conjunction with'the preliminary design phase, the final design phase and the construction phase, and WHEREAS, in conjunction with these duties, the engineers retained Ardaman & Abel, Inc., a/k/a Ardaman & Associates, Inc., Ardaman Industries, lnc. and Ardaman & Associates, hereinafter referred to as Ardaman & Associates, to evaluate the site chosen for the plant and to decide whether or not a sand strata existed and if percolation would be adequate to fulfill the planned needs of said facility, and WHEREAS, Ardaman & Associates provided a report dated February 24, 1970 stating that the site would percolate 600,000 gallons per day which would be the plant's capacity, knowing that it would be relied upon by engineers, and WHEREAS, it was later discovered that the plant would, in fact, percolate something less than 200,000 gallons per day, and WHEREAS, Ardaman & Associates prepared a subsequent report, dated June 21, 1972, confirming the fact that something less than 200,000 gallons per day would percolate at that location, and WHEREAS, the engineers after receiving the first aforementioned report of Ardaman & Associates dated February 24, 1970, relied on that report and its findings in progressing with their duties relating to design and construction of the sewerage collection and treatment plant, and in advising the City regarding the advisability of proceeding according to the plans, design and construction prepared by and supervised by the engineers, and WHEREAS, the City of Clermont has been and will be forced to incur expenses in connection with but not limited to construction costs of percolation ponds, spray irrigation investigation, construction of a borrow pit to be used as a temporary facility, use of certain property as a temporary facility, obtaining engineering reports on temporary facilities, energy costs for temporary facilities and the increase in capacity of the treatment facility from its present capacity to 600,000 gallons per day, and WHEREAS, the City of Clermont is claiming negligence and breach of contract on the part of the engineers in their performance of the aforementioned duties, and WHEREAS, Michaels-Stiggins, Inc., Engineers and Architects, is insured against such claims by Continental Casualty Company policy containinq a ground testing and subsurface survey endorsement, and WHEREAS, the City of Clermont and Michaels-Stiggins, Inc. , Engineers and Architects, and the Continental Casualty Company, being desirous of settling and compromis ing the cla ims between them, ha ve reached a settlement pursuant to .which the City of Clermont has agreed to accept the sum of FIFTY THOUSAND DOLLARS ($50,000.00) from Continental Casualty Company, as insurer of Michaels-Stiggins, Inc. , Engineers and Architects, in exchange for the release and contract as aforesaid described, said payment by Continental Casualty Company as insurer of Michaels-Stiggins, Inc. , Engineers and Architects, being in compromise and settlement of any and aIl claims In any way arising out of the aforesaid alleged acts of negligence and/or breach of contract, allegedly resulting in the damages cIaimed by the City of Clermont, including -2- any claims not now known or contemplated which the City of Clermont has or may have hereafter against Michaels-Stiggins, Inc., Engineers and Architects, Ardaman & Associates, and the Continental Casualty Company as insurer of Michaels-Stiggins, Inc., Engineers and Architects, and has furthermore agreed to execute this release in consideration of the said payment, and WHEREAS, it is specifically understood between the parties that this payment by Continental Casualty Company is to discharge the common liability of the aforesaid persons and parties to be released, so as to entitle Continental Casualty Company and Michaels-Stiggins, Inc., Engineers and Architects, to pursue their claim or claims for contribution pursuant to the Uniform Contribution Among Tortfeasors Act, Florida Statute 768. 3l, against Ardaman & Associates, and any insurer of said party, and to pursue a claim for common law indemnity against Ardaman & Associates, and any insurer of sa id party. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the said and undersigned City of Clermont, for and in consideration of the sum of FIFTY THOUSAND DOLLARS ($ 50,000.00) in hand paid, receipt of which is hereby acknowledged, hereby remises, releases and forever discharges Michaels-Stiggins, Inc., Engineers and Archetects, Continental Casualty Company, and Ardaman & Associates, and its insurers, if any, and any persons, firms or corporations in privity with them, from any and all matters of action, causes of action, suits, sums of money, trespasses, agreements, controversies, damages, cIaims and demands whatsoever which against the aforesaid persons, or corporations in privity with them, including insurance carriers, the undersigned City of Clermont, or its representatives, ever had, now have or can or may have by reason' of the said injuries to the City of Clermont resulting from the alleged breach of contract or negligence or other- wise, and resulting damages to the City of Clermont, or by reason of any matter, cause or thing whatsoever from the beginning of the world to the date of these presents. IN WITNESS WHEREOF, the undersigned City of Clermont by its -3- indicated representative, has set its hand and seal this 8th day of June, 1976. THE CITY OF CLERMONT By STATE OF FLORIDA COUNTY OF LAKE BEFORE ME, the undersigned authority, personally appeared known to me to be the of the City of Clermont, and who executed the foregoing General Release in that capacity, and who acknowledged before me that he executed the same freely and voluntarily for the uses and purposes therein expressed. WITNESS my hand and official seal at in said County and State this day of , 1976. Notary Public - State of Florida My Commission Expiers: (NOTARIAL SEAL) -4-