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Item C39M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting May 17, 2017 Agenda Item Number: C.39 Agenda Item Summary #2962 BULK ITEM: Yes DEPARTMENT: Project Management/ Facilities TIME APPROXIMATE: STAFF CONTACT: Chris Rivera (305) 292 -4523 N/A AGENDA ITEM WORDING: Approval of a contract between Monroe County and S &ME in the amount of $146,944.00 for the engineering design and permitting of Rowell's Waterfront Park. The design is funded through a FDOT grant and partially through a TDC Bricks and Mortar grant. ITEM BACKGROUND: Monroe County is in the process of designing and developing Rowell's Waterfront Park. On December 14, 2016, the BOCC approved Project Management to engage in negotiations with S &ME to reach this engineering design and permitting services contract. PREVIOUS RELEVANT BOCC ACTION: December 2016 — Approval to negotiate with Littlejohn, an S &ME company, for design and permitting contractual services. March 2015 — Approval to execute LAP agreement with FDOT for partial funding. June 2014 — Approval of the 2014 Transportation Alternative Program (TAP) Funding Applications. December 2013 — Approval to purchase Rowell's Marina. CONTRACT /AGREEMENT CHANGES: New STAFF RECOMMENDATION: Approval of the attached signed contract. DOCUMENTATION: S &ME, Inc. - signed professional services contract for Rowells Waterfront Park Attachment A - Scope of Services - Rowells Waterfront Park Attachment B - LAP Terms for Professional Services Contract FINANCIAL IMPACT: Effective Date: 5 -17 -2017 Expiration Date: Total Dollar Value of Contract: 146,944.00 Total Cost to County: None Current Year Portion: Budgeted: Source of Funds: FDOT Grant/ TDC Grant CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: Yes County Match: Yes Insurance Required: Additional Details: If yes, amount: Contract for $146,944.00 05/17/17 125 -22020 ROWELL'S MARINA SC OVERL $125,000.00 05/17/17 121 -71040 TDC BRICKS & MORTAR 121 $21,944.00 Total: $146,944.00 REVIEWED BY: Ann Mytnik Completed 05/01/2017 1:42 PM Doug Sposito Completed 05/01/2017 1:44 PM Chris Ambrosio Completed 05/01/2017 2:30 PM Budget and Finance Completed 05/02/2017 9:07 AM Maria Slavik Completed 05/02/2017 9:40 AM Kathy Peters Completed 05/02/2017 7:46 PM Board of County Commissioners Pending 05/17/2017 9:00 AM CONTRACT AGREEMENT FOP, ENGINEERING DESIGN AND PERNUTTING SERVICES FOR ROWIL WATERFRONT PARK =1 111"MININW.W @MENEM M., an S&ME, Inc a of the State of North Carolina, whose address is 321 7616 its successors and assigns, hereinafter referred to as"CONSULTANT', I -J- .0,VV k# Fw P VZ" %.1�1 W1 MU 1-64 MI MW IM -�-Wl I MI t IMM JL park that connects the Overseas Heritage Trail and provides restroom facilities, parking, and picnic areas for the residents of Monroe County, and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing engineering design Including Enviormental Permitting Services, through Construction Administration services for the Rowell's Waterfront Park, which services shall collectively be referred to as the 'Project", and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows FORM OF AGREEMENT mffil� 1.1 REPRESENTATIONS AND WARRANTIES Contract Agreement for Rowell's Waterfront Park 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independe contractor and not an employee of the Board of County Commissioners for Monroe Count No statement contained in this agreement shall be construed so as to find the CONSULTA I or any of his/her employees, contractors, servants, or agents to be employees of the Boa of County Commissioners for Monroe County. a l I.C7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The CONSULTANT shall complete the design and permitting scope of services no later than June 30 2018 SCOPE OF BASIC SERVICES 2.1 DEFINITION Contract Aareemerit for Rowell's Water, ........... vont Park . . ......... — ------ .............. -1- . .................. Ail written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT, Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following. Chris Rivera Project Management Monroe County 1100 Simonton Street, Room 2-2116 Key West, Florida 33040 And: Mr, Roman Gastesi, Jr, Monroe County Administrator I 100 Simonton Street, Room 2-20 Key West, Florida 33040 — For the Consultant: ttt arc 161 d ter Drive, Suite 200 flando. Florida 32804 ARTICLE III ADDI'TIONAL SERVICES 3.1 Additional services are services not included in the Scope Of Basic Service& should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement, 12 If Additional Services are required the COUNTY shall issue a ...requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services, 3.3 Additional services shall be executed under the original scope of this Agreement unless such condition is expressly changed or revised by an amendment agreed upon by the COUNTY and the CONSULTANT. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full infon regarding requirements for the Project includi physical location of work, inspection reports and other documents, .1 ARTICLE N/ INDEMNIFICATION AND HOLD HARMLESS 5.5 This indemnification shall survive the expiration or early termination of the Agreement, 1,'rtL c C'a,LAcjr M nt for Rmail's Wa Park ..................... . . .................. ---111 -------- —na, .......... e�.— ................... . . . . . . . . . . . . . . . . . . .......................................... . ... ................................ ARTICLE V 1 PERSOMMEL 6.1 PERSONNEL , The CONSULTANT shall assign only qualified personnel to perform any service concerning the .1 #roject, At the time of execution of this Agreement, the parties anticipate that the following nameo individuals will perform those functions as indicated: HAIME FUN=60iq -shall notify e COUNTY of the change immediately, ARTICLE V11 CON 10NI 701 PAYMENT SUM 7.1 .1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT's performance of this Agreement the total not to exceed One Hundred Forty Six Thousand Nine Hundred Forty Four Dollars and 00/100 ($146,944.00) as follows Task 1; Predesign Services $12,000.00 • Task 2: Schematic Design $10,800.00 Task 3: Design Development $36,300.00 Task 4: Construction Documents $39,494.00 Task 5: Permitting $18,000.00 Task 6: Land Survey WOO Task 7: Bidding and Negotiations $7,000.00 Task 8: Post Design Services $23,360.00 Total j&J-4.6,244M ........... I...— Commissioning Services will be treated as additional services, if required, at a not to exceed lump sum provided by the CONSULTANT and accepted by the COUNTY, 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly on a percentage complete basis for each Contract Agreement for RoweWs Waterfront Park - - ------- - -- task listed in paragraph 7.1 , 1, Payment will be made pursuant to the Local Government Prompt Payment Act 218,70, Florida Statutes. 7.3 REIMBURSABLE EXPENSES 793.11 Reimbursable expenses: b. There will be no other reimbursable expenses. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, ana the COUN I Y is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October I - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE Vill li'4SURANCE 3 ®1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.3 CONSULTANT shall obtain and maintain the following policies. Contrast Aureement for Rowell's Waterfront Park ­­­ ..................... I I ................... A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. S. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,00D,000 Disease each employee, C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with $1,000,000 per Occurrence, $1,000,000 combined single limit, An Occurrence Form policy is preferred, If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract, ARTICUE IX MISCELLANEOUS 9.1 SECTION HEADINGS C Agreement for Rowell's Waterfront Park Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to and are owned by V TOf AMM TV971 el TL or permission of the CONSULTANT 9.3 SUCCESSORS AND ASSIGNS Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTAtilT, Either of Ilia o.2 as iaiain ai clical A 9.6 CONTRACT DOCUMENTS documen�s referred to in the Form of Agreement as a part of this Agreement, and attachments, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES r C .,,- � r j ! � E�t - em am gor r elr- s -t-, '-arlk By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287,133, Florida Statutes), Violation of this section shall result in termhation of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities, In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an art defined by Section 287.133, Florida Statutes, as a 'public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES 9.10 SEVERASILITY contract Agreement fo§r Rowell's Waterfront Park ...................... ............................... 9.11 ATTORNEY'S FEES AND COSTS 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY r I fJdf Ly I t�fdl e , er at e execurl Misery ana performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law, 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement, provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission, 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all Contrao-t Agreernentfor Rrovell's Waterfront Park ___ ........... . ... . .......... . ............. proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS UO#NTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of -gifts; doing business with one's agency; unauthorized compensation misuse of publim position, conflicting employment or contractual relationship; and disclosure or use of certain Information, . i Contract Aqreenient for Rmvell's Waterfr.nf Park 9.21 Public Records Compliance. Contract Agreement forRowell's Waterfront Park ... . ............... .................... . . . . shall immediately notify the Consultant of the request, and the Consultant must provide the records to the County or allow the records to be inspected or copied within a reasonable time, The Consultant shall not transfer custody, release, alter, destroy or otherwise dispose of any IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, -------- - -------------------------- ---- Notwithstanding the provisions of Sec. 768,28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver, 9.23 PRIVILEGES AND IMMUNITIES 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES 9.26 WO RELIANCE BY NON-PARTIES 9922 N10N­SyAlwER OF IMMUNITY Contract Agreernent for Row ell' s Waterfront Park . . .. . ................................. ....................... . ..... . . . ................... 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATIO14 9.27 NO PERSORAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, offi cer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION 114 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Contract Agreement for RcmeWs aterf Wront Park . . . ........... . ............. . . ......... ................................. . . ............ ............... ---- ............................................................ Balance of page intentionally left blank. Signature page to follow. Contract Agreement for Rowan's Waterfront Park By Deputy Clerk Date: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Byx Mayor/Chairman Date; County for the development of the Rq s"'Marina Waterfront Park for the purposes therein contained. RJ KxxxnnnnFxxv Notary Public My commission expires: Mads E. Words NOTARY PORUC STATE OF FLORIDA CoMrr# FF154479 r-yaorge Amioni a MORE COUNTY ATTORNEY ATTACHMENT A Consultant Scope of Services Rowell's Waterfront Park 1.1 SCOPE 1.1.1 Professional services shall include, but not be limited to: Holding and conducting informational hearings with the public and relevant agencies, holding monthly progress meetings with the tenants and Monroe County Project Management / Engineering staff. Hold bi- weekly phone conference progress meetings with Monroe County Project Management / Engineering staff. Preparation and completion of the design Program (See 1.1.6- 1.1.9) for conceptual site plan, parking, vehicular access, space requirements and relationships, schematic design, ADA compatible design for interiors and exteriors, design development, preparation of contract documents for bidding, scope of work, cost estimating during design and document preparation, administration of contract documents, consultation and onsite observations during construction, process shop drawings, recommend approval of contractor invoices, preparation of all construction documents required to submit for and secure all permits necessary to complete the, zoning applications, public presentations and presentations to the County Commission. 1.1.2 The purpose of the CONSULTANT's professional observations shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such observations, the CONSULTANT shall protect the Owner from continuing deficient or defective work, from continuing unexcused delays in the schedule and from overpayment to the Contractor. Following each — observation, the CONSULTANT shall submit a written report of such observation, together with any appropriate comments or recommendations to the Owner. 1.1.3 The design shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary to bid the project. The design shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. 1.1.4 The design will provide site boundary selection and definition within the survey provided by Monroe County, FDOT Access, Parking, Landscape and Restrooms. 1.1.5 The building will meet or exceed Florida Green Building Coalition (FGBC) standards and meet requirements for minimum certification by the FGBC. 1.1.6 Beginning with the Pre - Design phase and continuing until the project as- built's are complete; the CONSULTANT with input from the Tenants and Monroe County Project Management shall develop and periodically update an Owner's Project Requirements (OPR) document and a Basis of Design (BOD) document. These two documents together shall constitute the Program and provide a complete description of the project's design intent. They may be submitted for Owner's review as two separate sections of one design intent document. The OPR is an inclusive, detailed description of Monroe County and its Tenants goals and requirements for the project, and Monroe County's expectations on how the project will be used and operated. The BOD is an inclusive, detailed description of the Design Team's concepts, assumptions, calculations, decisions, product selections and operating conditions to meet the Owner's project requirements and to satisfy applicable codes, standards and guidelines. It shall be formatted to coordinate with and respond to the OPR. These two documents will be benchmarks by which the completeness, adequacy and acceptability of the project will be judged. They will be the standards by which the project will be commissioned. They will answer Owner questions after occupancy, and they will be the foundation for maintenance programs and future renovation projects. 1.1.7 The OPR shall include at least the following information: a. Summary description of the building (functions of building, high or low rise, use and occupancy classifications, anticipated hours of operation, etc.). b. Project goals, assumptions, and known limitations. c. Building and site accessibility, architectural, landscaping and aesthetics goals. d. Building and site flexibility and expandability requirements (spare capacities, hurricane survivability, reliability, redundancy, back -up power and utilities, etc.). e. Operational assumptions (maximum occupancy on a room -by -room and aggregate basis), occupancy schedules, special activities, building diversity, potential future uses, potential future renovations, etc.). f. Building envelope performance criteria. g. Environmental and sustainability goals. h. Energy and water conservation goals. i. Indoor services and technology requirements. j. Space -by -space equipment heat/cool loads and utility needs (water, gases, power, data, grounding, security etc.). k. Anticipated types, classifications, and quantities of hazardous materials to be contained within the building. I. Architectural, mechanical and electrical systems operation and maintenance expectations. m. HVAC, lighting and audio /visual controls expectations. n. Summary of sole- sourced systems and equipment. o. Summary of Owner - furnished and Owner - installed equipment. p. Occupant and Maintenance training requirements. q. Project schedule. r. Project budget. Monroe County Project Manager will determine whether budget information should be included in the OPR or provided separately. 1.1.8 The BOD shall include at least the following information: a. Project background required to understand the design, including goals, requirements and decisions which significantly affect the design. b. Regulatory, site, schedule and budget limitations which affect the design. c. Codes, standards and guidelines applicable to the project. d. Code analysis describing code requirements specific to the project, e.g. security systems, ADA accessibility, special fire protection requirements, etc. e. Requirements of governing agencies (City, State, Monroe County, etc.). f. Climate, site, and utilities information. g. Architectural, mechanical and electrical systems descriptions. h. Outdoor summer and hurricane design conditions. i. Design assumptions (occupancy schedules, temperature, humidity, air change rates, room pressurization, sound level limits, light levels, glare limits, vibration criteria, EMF shielding, heat loads, water, gases, power, data, grounding, hazardous materials being stored, etc. for spaces not indicated in the OPR. j. Systems and equipment sequences of operation. k. Load calculations descriptions, including assumptions, software used, etc. I. Architectural, mechanical and electrical systems operation and maintenance requirements. m. Appendices • Documentation of Energy and Water Conservation. • Energy Impact Statement. • Soils and utility services reports. • Building load calculations. • Systems and equipment sizing calculations. • Light level and watts /square foot calculations. • Effluent, dispersion, noise, vibration, and other studies. 1.1.9 Development and Updating Develop the OPR and BOD by expanding the project's program and design concept report. Update them as the project goals and requirements are defined and clarified. Submit them at the end of the Schematic Design, Design Development and Construction Document phases along with the other Design Deliverables. Submit a final BOD after Project Award and after incorporation of the bid alternates. Each update shall incorporate new and revised project information including: • Progress in project design. • Changes in project goals. • Changes in project scope. • Code interpretations. • Input from Tenants, Construction Managers and Contractors. • Input from Monroe County Facilities Maintenance, Department of Public Safety, FDOT, etc. • Architectural, mechanical and electrical design coordination meetings. • Value engineering sessions. • Test reports on existing conditions. • Design calculations. • Equipment selections. • The final power system short circuit, protective device coordination and arc flash hazard study including the electronic data file for long term updating by the Owner. • Energy and water conservation calculations and modeling. • Sound, effluent, dispersion, CFD, vibration, and other Acoustic studies. • Bid Alternates and Owner's Options. A list of all design deviations from Monroe County Project Management Design requirements. A list of all uncompleted Facility Assessment Report items (if any) within the project boundary. 2.1 DEFINITION OF BASIC SERVICES 2.1.1 CONSULTANT's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal architectural, structural, mechanical, and electrical engineering services. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. 2.1.3 The CONSULTANT will hold monthly Progress meetings in Key Largo for the duration of the contract, unless otherwise agreed to in writing by Monroe County Engineering, and take meeting notes. Copies of these notes will be provided to the County in a timely manner. 2.1.4 If Construction costs exceed the CONSULTANT estimate by more than 10% the CONSULTANT will revise all drawing and specifications at no additional charge to the County. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The CONSULTANT shall review the Program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and each of the tenants and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The CONSULTANT shall review with the Owner and Monroe County's Project Management Department proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment, spaces, sustainable systems, and method of Project delivery. 2.2.3 The CONSULTANT shall review with the Owner and Monroe County's Project Management Department alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the CONSULTANT shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At levels of completion of 25 %, 50% and 75% of the Schematic Design Phase, the CONSULTANT shall provide schematic design studies for the Owner's review and the Monroe County's Project Management Department's information. 2.2.6 After completion of the 25% Schematic Design Phase the CONSULTANT will hold an informational meeting with the public explaining the conceptual site layout and design progress, answer questions and address concerns. 2.2.7 After completion of the 75% Schematic Design Phase the CONSULTANT will hold an informational meeting with the Tenants and Owner explaining the final conceptual site layout and design progress, answer questions and address concerns. 2.2.8 Upon completion of the Schematic Design Phase, the CONSULTANT shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County Project Management Department's information. 2.2.9 The Schematic Design must be approved in writing, by the Owner prior to CONSULTANT continuing to the Design Development Phase. 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of: conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the owner. Perspective renderings and models, if required by the Owner, will be billed as an additional service as billed as a reimbursable expense if that service is performed by additional consultants after the Owner's written approval. The CONSULTANT shall perform the following design phase tasks: a. Structural Design /Documentation services during the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for: a predetermined structural system and alternate structural systems. b. Mechanical Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: energy source (s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, special mechanical systems, process systems, and general space requirements. C. Electrical Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of conceptual design solutions for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. d. Technology Systems Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic IT materials, systems and equipment, analyses. e. Civil Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for: on -site utility systems, off -site utilities work, fire protection systems, drainage systems, sewage treatment, and paving. The CONSULTANT will hold two informational meetings with the public explaining the conceptual site layout and design progress, answer questions and address concerns. 2.4 DESIGN DEVELOPMENT /DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the CONSULTANT shall prepare Design Development Documents for the Project Manager's review and the Owner's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural /engineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and CONSULTANT, the CONSULTANT shall provide drawings and other documents which depict the current status of design development for the Owner's review and the Monroe County Project Management Department's information. The CONSULTANT shall provide an estimate of anticipated cost in accordance with the design development phase. 2.4.3 Upon completion of the Design Development Phase, the CONSULTANT shall provide drawings, outline specifications and other documents for the Owner's approval and the Monroe County's Project Management Department's information. The CONSULTANT shall provide an estimate of anticipated costs in accordance with the design development phase. 2.4.4 Hold Public information hearing on final site and floor design development. 2.4.5 The Design Development Documents must be approved in writing, by the Owner prior to CONSULTANT continuing to the Construction Documents Phase. 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the CONSULTANT must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13. 2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan enlargements for important and special areas. Data required: a. Building perimeter (footprint) and exterior wall type, thickness and composition b. Structural grid or system. C. Major mechanical /electrical systems determined and their requirements reflected and indicated on plans. d. Indicate buildings core - elevators, stairs, etc. e. All internal partitions of appropriate thickness indicated. f. Floor, slab, and level elevations. g. Typical door types. h. Typical partition types. i. Built -in furniture items - special furniture and equipment (early clarification of what is "NIC" and "by owner "). 2.5.2 General Elevations a. Total full- height facades including roof structures. b. All fenestration. C. Overall vertical building and floor heights. d. Indicate cross - reference points with sections. e. Indicate setbacks, building profiles, expansion joints, etc. f. Indicate treatment of visible mechanical equipment. g. System impact (precast concrete, stone, panel systems, metal /glass curtain wall, etc.) properly selected by adequate technical investigation. 2.5.3 Sections Overall Sections - Overall building longitudinal and transverse "building explanation" type. Detail Wall Sections - Largest scale (e.g., V). Dominate full- height sections conveying basic building configuration, to indicate: a. Foundation and perimeter treatment. b. Typical wall construction. C. Back -up structure, abutting floor systems. d. Window location and insulation methods. e. Flashing, masonry coursings. f. Mechanical penetrations impact (furring, etc.). g. Parapet design. 2.5.4 Details - Large scale (1 -1/2 ", 3 ") as required. Indicate key conditions. a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type, jamb /head, plan section. b. Hollow metal (typical only; keyed to plans and schedules). C. Frame types (typical only; for compatibility and profile). d. Stair types - egress, public, exterior (including railing design) Metal and glass walls, borrowed lights, etc.; for division, profile, and glazing. f. Interior partition types (typical only; keyed to plans and schedules). g. Built -in furniture items, counters, cabinet types, etc. 2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross - referenced to, floor and reflected ceiling plans. Indicate: a. Breaks. b. Level changes. C. Pertinent vertical dimensions. 2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: a. Lighting layouts. b. Soffits, coves, furrings C. Skylight locations. d. Ceiling materials. e. Acoustic treatments. f. Heating and ventilating register, diffuser locations. g. Sprinklers. h. Access panels. 2.5.7 Schedules - Schedules to be non - repetitive and comprehensive, with specific keying to floor plans and elevations. a. Interior finishes. b. Doors and frames. C. Preliminary hardware. d. Windows /glazing. e. Acoustic Elements. 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special supplementary conditions specific to the project. 2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of construction cost prepared at the end of schematic design. 2.5.10 Structural Design Development Set a. Floor plans at the same scale as the architectural /engineering drawings. b. Typical floor framing plans, including sizing of beam drops, slab openings, thicknesses, and depressions. C. Framing indication and governing sizing at: roof structures, penthouse, bulkheads, other. d. Non - typical framing scheme where required: lobby, floors at grade, and other. e. All column points established. f. Final column schedule. g. Preliminary details and sections to adequately indicate structural system. h. Preliminary details of major unique conditions that impact on scheme (as determined by the CONSULTANT). i. Details indicating accommodation with mechanical /electrical at areas of major interface. j. Design development specifications. k. Any necessary recommended adjustments to the preliminary estimate of construction cost. 2.5.11 Mechanical /Electrical Design Development Set a. Typical floor plans. Systems representation in diagrammatic (non - detailed) style, major items of equipment indicated their space requirements and interface requirements with other systems. Indicate: major shafts (sizes), chases, mechanical rooms and electric closets, and convector /fan coil locations, etc. b. Required punctures: wall, slab, and beam. C. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in diagrammatic style, with their space requirements indicated: (1) Boiler /heater spaces (include clear height requirements), (2) Transformer vaults (approved obtained from local utility company), (3) Switchgear, emergency generator, water storage tanks, fire pumps, etc., (4) Roof cooling towers, major air - conditioning and air - handling equipment, packaged units, etc. d. Locations of major roof -air handling equipment: cooling towers, exhaust fans, etc. e. Preliminary details of major and unique conditions that impact on scheme (as determined by the CONSULTANT) f. Data to be developed in conjunction and in coordination with the project team: 1. Integrated diagrammatic lighting plans indicating all overhead mechanical and electrical equipment for typical floor and special spaces. 2. Cuts and explanatory information for interior visual items such as: louvers, registers, heating /cooling units, and cabinets. 3. Exterior louver requirements and proposed locations. 2.5.12 Site Design Development Set a. Building location plan -- building tied down dimensionally with pertinent adjacencies, street lines and grades, property lines, required setbacks, easements, rights of way, manholes, sewers, hydrants, light standards, etc., interfaced with survey. b. Main entry level datum elevation with key exterior grades at building perimeter. C. Site development grading and landscaping plans. d. Overall preliminary site grading and defined design of external elements, properly coordinated and interfaced with mechanical /electrical for utility entry points. e. Indicate areaways, vaults, access to sub -grade spaces. f. Preliminary site and exterior building lighting scheme with identification of fixture types. g. Parking area defined with preliminary plotting. h. Indication of paths, stairs, ramps, berms, terraces, etc. i. Location of secure staff parking. j. Location and pathways for prisoner loading and transfer. k. Plant materials (indication and preliminary schedule). I. Design development details: railings, stairs, ramps, paving types and patterns, kiosks, benches, light standards, others. M. Design development specifications. n. Any necessary adjustments to the preliminary estate of construction cost. 2.5.13 Limitations - The above list of drawings represents, in general, the requirements of the Project. 2.6 CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the CONSULTANT shall prepare, for approval by the Owner and Monroe County Project Management Department, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.6.2 The CONSULTANT shall provide Drawings and Specifications for the Owner's and the Monroe County Project Management Department's review. 2.6.3 Upon completion of the Construction Documents Phase, the CONSULTANT shall provide Construction Documents for the Owner's and Monroe County Project Management Department's approval. Once approved the CONSULTANT shall provide the Owner with seven (7) complete signed and sealed sets of construction drawings and four (4) hard copies of the technical specifications and one copy of the drawings and the technical specifications saved electronically in Adobe Acrobat file (.PDF) format. Any and all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.PDF) format, including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The CONSULTANT shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The CONSULTANT shall assist the Owner and Monroe County Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.6.5 The CONSULTANT's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the CONSULTANT will conform the construction documents in such manner to receive permits upon such plans. Work required from the CONSULTANT to conform the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be approved shall be completed at no charge or cost to the Owner. 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The CONSULTANT shall assist the Monroe County Project Management Department in issuing bidding documents to bidders and conducting pre -bid conferences with prospective bidders. The CONSULTANT, with the assistance of the Monroe County Project Management Department, shall respond to questions from bidders, and shall issue addenda. 2.7.2 The CONSULTANT shall, on behalf of the Owner, provide all necessary documents required to secure all permits. Assistance with securing a development approval will be in the form of providing schematic drawings. 2.8 Commissioning 2.8.1 The objective of the Commissioning process is to provide documented confirmation that a project's mechanical, electrical, and plumbing (MEP), security and life safety systems when constructed, realize planned performance benchmarks, address Florida Green Building Coalition and Florida Building Code requirements and that Monroe County Facilities Maintenance staff are reasonably prepared to operate and maintain its systems and equipment so as to continue to realize the anticipated performance. 2.8.2 The CONSULTANT shall assure the COUNTY through Equipment and Systems Commissioning that all equipment and systems performance achieves facility performance requirements as set out in the CONSULTANT's design. The Equipment and Systems Commissioning shall be accomplished through a process of verification and documentation, from the post -award design phase to Occupancy. 2.8.3 The CONSULTANT shall work with Monroe County Project Management during the pre - design phase to define the project performance expectations and document Project performance and Commissioning goals. 2.8.4 The CONSULTANT shall develop Commissioning requirements suitable for use in the Project Specifications. 2.8.6 The CONSULTANT shall submit with its final design documents, a severable Equipment and Systems Commissioning Approach document that utilizes data and factors derived from the design, needed to achieve facility performance requirements. 2.8.7 The CONSULTANT shall provide a Commissioning Plan that finalizes the Commissioning Approach and addresses each Equipment and System installation with specific steps that will be taken during the commissioning process. 2.8.8 The CONSULTANT shall submit a Commissioning Report documenting the Equipment and Systems affect upon facility performance requirements in accordance with the Commissioning Plan. LOCAL AGENCY PROGRAM FEDERAL -AID TERMS 375- 040 -84 For P7� OF SSION A T SERVICES C+ONT7� A !'ETC PROGRAM MANAGEMENT A 1'1.x.7 x.71 1Vt�L CONTRACTS �.7 04/1`. Pagel of: TERMS FOR FEDERAL AID CONTRACTS (APPENDIX B: The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds: A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement not withstanding. C. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in Federally- assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. D. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. E. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. F. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and /or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and /or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. G. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation, Federal Transit Administration, Federal Aviation Administration, and /or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to, withholding of payments to the Consultant under the contract until the Consultant complies and /or 2. cancellation, termination or suspension of the contract, in whole or in part. H. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through I in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and /or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d el seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniforrr Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment LOCAL AGENCY PROGRAM FEDERAL -AID TERMS 375- 040 -84 For P7� OF SSION A T SERVICES C+ONT7� A !'ETC PROGRAM MANAGEMENT A 1'1.x.7 x.71 1Vt�L CONTRACTS �.7 04/1`. Page 2 of of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects), Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 o the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibitE discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100 -209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients anc contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviatior Administration's Non - discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, which ensures non - discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmenta effects on minority and low- income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discriminatior because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps tc ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in educatior programs or activities (20 U.S.C. 1681 et seq). Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. K. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in termination of this contract or other such remedy as the recipient deems appropriate. M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. N. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. O. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to employ or retain, or agree to employ or retain, any firm or person, or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, LOCAL AGENCY PROGRAM FEDERAL -AID TERMS 375- 040 -34 For P7� OF SSION A T SERVICES C+ONT7� A !'ETC PROGRAM MANAGEMENT A 1'1.x.7 x.71 1Vt�L CONTRACTS �.7 04/1`. Page 3 of both criminal and civil. P. The Consultant hereby certifies that it has not: employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract; 2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or 3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.