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HomeMy WebLinkAboutC2006-055 - 2/28/2006 - Approved AGREEMENT for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("City Engineer"), and Kleinfelder, a Texas corporation or partnership, "LAS", acting through its duly authorized representative who is Don Rokohl. P.E. (Name) Senior Geotechnical Enaineer (Title), which agree as follows: 1. DECLARATIONS "CITY" desires to engage "LAS" to provide services in connection with City's project, described as follows: Southside Water Transmission Main Phase 5 "PROJECT". 2. SCOPE OF WORK "LAS" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as "Exhibit S" 3. FEE The "CITY" agrees to pay the "LAS" for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $ 121,319.00 (in figures), (One Hundred Twenty-One Thousand Three Hundred Nineteen Dollars and Zero/Cents (in words) . 4. INSURANCE, INDEMNIFICATION AND HOLD HARMLESS: The Consultant will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit "S" by an insurance company acceptable to the City. The Consultant further agrees to Indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "S". 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: "CITY" warrants to "LAS" that to the best of its knowledge. based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. "CITY" acknowledges and confirms that "LAS" is relying upon the above warranty in undertaking to perform the services described in this AGREEMENT. CITY OF CORPUS CHRISTI ~d-..::\-~ 2/"2-~/Db Ronald F. Massey, \ ~Dat~) Assistant Cit Manager - ..-. ~J~t ( ate f LAB: D- ~. ~~ Don Rokohl, P.E. (Date) Senior Geotechnical Engineer P.O. Sox 4293 Corpus Christi, Texas 78469 361-854-4774 Fax: 361-854-4924 R. Escobar, P.E. reClor~~ Armando Chapa, City Secretary ~~, ( ate) ,. ~~~f3/bh (D te) /'. i CL/(' Ie' ...___.~..~.__. P.U I hU~ILL. " COt1~~ll.__;~:I:ili.C \~ ____..........._./J--{ SfC~nAtv'11 L ~ROVED AS TO FORM 2006-055 02/28/06 '\12006-070 ER TREATMENT PLANT\8390 . SOUTHSIDE TRANSMISSION MAIN PH 4, 4A. 51PHASE 5 CONSTRUCTIONITESTING- Page 1 of 1 (Revised January, 1998) Kleinfelder III KlEINFElDER A'i F'mplorep OIVIlf'11 ((lmpd(W February 16, 2006 Proposal No. 630Y06PM017 Mr. Joe Trejo. P .E. City of Corpus Christi Department of Engineering P.O. Box 9277 Corpus Christi, Texas 78469-9277 SUBJECT: Proposal for Construction Materials Testing Services Southside Water Transmission Main Phase 5 Rodd Field Rd. to Whiteley Dr. Project No: 8391 Corpus Christi, Texas Dear Mr. Trejo: In behalf of Kleinfelder we are pleased to present this fee schedule and proposed scope of work to the City of Corpus Christi. We have been providing geotechnical and materials engineering and testing services for similar projects for over 50 years in Texas. In fact, we were the geotechnical engineer of record for this current project. In addition, we are the only laboratory in Corpus Christi accredited by the American Association of State Highway and Transportation Officials (AASHTO). Through this accreditation, our clients can know that we strive to provide quality service. Kleinfelder has 14 office locations in Texas and 70 offices company-wide with over 2000 employees. Kleinfelder is committed to technical excellence and client service as demonstrated through their corporate goals. We trust you will find that this proposal meets your desires, and look forward to the opportunity to serve you. This fee schedule is presented at the request of the department of engineering services and is based upon the testing schedule found in the project plans. Kleinfelder is committed to providing a level of service to its clients, commensurate with their wants and needs. If a portion of this proposal does not meet your needs, or if those needs have changed, Kleinfelder will consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications such as changes in scope, methodology, scheduling, and contract terms may result in changes to the risks assumed by the City of Corpus Christi, as well as adjustments to our fees. 630Y06PM017/CCH6PO 17 Copyright 2006. K1e1nfelder K I E I N FElDE R 5002 Ambassador Row, Corpus Christi, TX 78416 (361) 854-4774 (361) 854-4924 fax BACKGROUND INFORMATION The proposed work will include the excavation, backfilling and installation of 5.57 miles of 42" diameter water main from Rodd Field Road to Whiteley Drive. During construction, our project managers can work closely with our materials staff to help coordinate our materials testing services with the contractor and design consultants so that the design intent is met. Our profeSSIOnal staff can not only provide field observations and testing during construction but also attend construction progress meetings and participate in the resolution of technical issues that arise during construction Mr. Jerry Lipstreu, S.E.T. is will serve as our project manager for this project. Mr. Lipstreu has over 23 years experience in construction as a senior engineering technician. An engineering technician will conduct the field observations and testing, and be supported, as needed, by additional laboratory and field technician staff. Mr. Don Rokohl, P.E., a senior geotechnical engineer, and the geotechnical engineer for the project will be available to the project team for consultation should geotechnical issues arise. SCOPE OF SERVICES DESCRIPTION Our scope of services for your project will include the following: Task 1: Compaction Testing of Backfill Materials Kleinfelder will provide a fulI-time soil technician to implement an appropriate field monitoring and testing program to check that the backfill materials are properly placed and compacted. This may include the following as needed and requested: Review proiect specifications and requirements regarding: · Percent compaction and soil moisture content requirements · Allowable fill/backfill materials · Testing frequency - one test per joint of pipe · Estimated Technician Time - 29 weeks/6 days per weekl 1 0 hours per day ~ Obtain sample(s) ofproposed material for laboratory evaluation; ~ Observe and document proper placement procedures; ~ Perform appropriate field testing to determine in-place moisture/density conditions; ~ Conduct field moisture and/or density tests using a nuclear density gauge and/or a static cone penetrometer: ~ Document field test locations; ~ Report failing test results to the Project Manager and Contractor's superintendent; ~ Re-test areas of failing moisture/density test results to document compliance with project specifications; 630Y06PM017/CCH6P017 Page 2 of 5 Copyright 2006. KJelnfelder P.O. Box 4293 . Corpus Christi, Te~as 78469 (361) 854-4774 . (361) 854-4924 fax February 16, 2006 Task 2 Concrete Testing Kleinfelder will provide a technician to implement an appropriate field and laboratory-testing program to confirm that the Portland cement concrete provided at the project site is in conformance with project specifications, and that it is properly placed and achieves specified design strength requirements. This task may include Review oroiect specifications and reQuirements regarding: · Design strength / identification . Testing frequency · Placement requirements >- Perform appropriate field testing procedures to document slwnp, air and concrete temperature, air content as specified; >- Observe and document placement procedures; >- Document field placement locations; >- Produce and transport specified concrete test cylinders for laboratory testing; >- Laboratory curing and compressive strength testing oftest cylinders; >- Report results of field and laboratory test data and placement locations; ~ Notify Project Manager and Contractor regarding failing field and laboratory test results. Task 3: Asphalt Testing Kleinfelder will provide a technician to sample fresh asphalt paving for laboratory test as requested: Review proiect specifications and reQuirements regarding: · Obtain sample(s) of proposed material for laboratory evaluation · Testing frequency >- Document field test locations; ~ Report results of field and laboratory test data; )> Notify Project Manager and Contractor regarding failing field and laboratory test results Task 4: Project Management and Report Preparation Kleinfelder's Project Manager will provide general oversight, coordination with field technicians, phone consultations, and report reviews. Site visits and meetings as requested and approved by the client can be included in the scope of work as an Additional Service. The Project Manager will also be available to assist with engineering consultation and resolution of problems should they occur and as requested and approved by the client. 630Y06PM017/CCH6P017 Page 3 of 5 ~yright2006.KJ~nfclder P.O. Box 4293 . Corpus Christi, Tex~s 78469 (361) 854.4774 . {361} 854-4924 fax February 16, 2006 Kleinfelder will also provide the administrative services to include project set-up, dispatch and scheduling services, word processing and report preparation, report reproductions, faxing and mailing of reports, general file maintenance, invoicing and collections. PROJECT FEES The above-described services will be performed on an hourly and unit rate basis from portal to portal. The actual cost will depend on the amount of work requested, the contractor's schedule, and potential delays due to weather. A one.hour minimum charge per trip will apply. Our rates are based on a normal 40-hour workweek. Any costs incurred by overtime, weekend, or holiday time will be charged at a rate of one and one-half the rate presented below, in addition to the rate presented. A premium of fifty percent will be applied to laboratory testing requested on a rush basis. If this information or time schedule should change, we will contact you to discuss adjusting our fee accordingly. Invoices will be prepared and submitted on a monthly basis. Please note that invoices are due upon receipt. The fees presented in this proposal are based on prompt payment for services presented in our standard invoicing format. Additional charges will be applied for specialized invoicing if backup documentation is needed. These special services will be charged on a time- and expense basis. Late fees will be charged if payment is not received in accordance with terms contained in the attached Professional Services Agreement. SCHEDULE AND FEE SCHEDULE We request that our dispatch office (361-854-4774) be contacted at least 24 hours in advance of any necessary tests and observations. Kleinfelder personnel will not direct, layout~ or supervise the construction operations for the project, nor will we alter or change the project. plans, specifications, or reports. In order for us to accomplish our work scope, we must receive one set of the approved project plans and specifications prior to the start of our services We propose to perform the scope of services outlined above on a unit fee basis in accordance the attached Fee Schedule. Our estimate of the total cost of our services is about $121,319.00. Please understand that this is an estimate, and is not a guaranteed lump sum amount, and is subject to change dependent upon the Contractor's schedule. This estimate does not include additional time and expense associated with retest of failing materials. Any additional services outside this proposal will be chargeable at our current rate schedule. AUTHORIZATION You may authorize this work scope by issuing a City of Corpus Christi contract. 630Y06PM017/CCH6PO 17 P.~~~o!j. ~lW9~risli. Texa~ 78469 Page 4 of 5 (361) 854-4774 . (361) 854-4924 fax February 16, 2006 LIMITATIONS Construction testing and observation are techniques employed to reduce the risk of problems arising during construction. Provision of these services by KIeinfelder is not insurance, nor does it constitute a warranty or guarantee of any type. Even with diligent construction testing and observation, some latent construction defects may be missed. In all cases, contractors shall retain responsibility for the quality of their work, for adhering to plans and specifications, and for repaIring defects regardless of when they are found. In the absence of continuous observations by Kleinfelder personnel during site earthwork, we are not able to express an opinion regarding the adequacy of site preparation or overall fill composition or compaction. During the course of the performance or Kldnfelder's services, hazardous materials may be dis.covered. Kleinfelder will assume no responsibility or liability whatsoever for any claim, loss of property value, damage, or injury which results from pre-existing hazardous materials being encountered or present on the project site, or from the discovery of such hazardous materials. Kleinfelder offers a range of testing and observation services to suit the varying needs or our clients. Although risk can never be eliminated, more detailed and extensive testing and observations yield more information, which may help understand and manage the degree of risk. Since such detailed services involve greater expense, our clients participate in determining the level of service that will provide adequate information for their purposes at an acceptable level of risk. Acceptance of this proposal will indicate that the client has reviewed the scope of service and determined that it does not need or want more services than are being proposed at this time. Any exceptions should be noted and may result in a change in fees. Kleinfelder will perform its services in a manner consistent with the standard of care and skill ordinarily exercised by members of the profession practicing under similar conditions in the geographic vicinity and at the time the services will be performed. No warranty or guarantee, express or implied, is provided as part of the services offered by this proposal. This proposal neither makes nor intends a warrantee or guarantee, express or implied, nor does it create a fiduciary responsibility to Client by Consultant. We sincerely appreciate the opportunity to be of service and look forward to working with you on this project. Sincerely, KLEINFELDER An E~PI~ Company a~u, SE.T. Project Manager l::L ~ ~ Don Rokohl, P .E. Senior Geotechnical Engineer 630Y06PM017/CCH6P017 Page 5 of 5 Copyrfght 2006, K1elnfelder P.O. Box 4293 . Corpus Christi, Texas 78469 (361) 854-4774 ' (361) 8544924 fax February 16. 2006 Fee Schedule Southside Water Transmission Main Phase 5 Rodd Field Road to Whiteley Drive Project No: 8391 Corpus Christi, Texas t-t.:>~' ;i.'_~"':':'::. '..'_ _,'._:; . Moisture-Density Reiationship Nuclear Density Gauge per day Gradation TechrllC1an Time, per hour t echrliCian OvertIme'; Per hour ND Gauge/Day Sieve Anal/Coarse Soir~;erVlces Soil SerVIces, OT . VehldeChargeJ'tnp 5 Tis' '45' 1160 '-5'86' . -T75'" 21 .00 '$65:00' .. $65-:00- -$42:00' .-- -"$6-3:06 .. ... .....$2Too. Fie d Technician, per hour 'Extractlon and Gnldatlon, ea l':ab'Moided stijjHitY~-ea Tnp Charge: ea Asphalt Services . 1 ExtraciwTGiadatlon.... , Hveem ~ltaH1fset 3 VehiCle Chargefrrip -. ~ $42.00 "'--!n 85Ij(f ......$f30:00 . .. _ 's2s:l)if" 2 2 .J ~ Project Manager/Senior Consu tant, per hour , i i ! Senior GeoteChillcaT Engineer ,'per'hollr ..' seiiTorj;rofessloiiaT----~..-.-----;f---.-l-.-..-.-...."'$Tlo.00 . Administrative Semces, per hour AdmillIstratIon ... -2~f-----t---..----.-$45:oir , Invoice Name is the terminology that will appear on each invoice submitted 630Y06PM017/CCH6P017 P.8?~1fO{$.~fi'J~risli, Texas 78469 (361) 854-4774 . (361) 854-4924 fax February 16, 2006 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the general direction of a licensed engineer and in substantial accordance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, or other standards designated in writing by the "CITY ENGINEER", 1.3 Promptly submit formal reports of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1 A Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER" 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non-compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. (Revised January 1998) Exhibit "B" Page 1 of 3 2.4 Advise "LAS" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAS" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for "LAS" to perform contracted services: (b) Furnish such labor and all facilities needed by "LAS" to obtain and handle samples at THE PROJECT and to facilitate the specified Inspection and tests; (c) Provide and maintain for use of "LAS" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAS", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAS" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAS" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAS" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAS" agree that "LAS" will be on-site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAS" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAS" as specified in the AGREEMENT. Continuous monitoring by "LAS" or its subcontractors does not mean that "LAS" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAS" to the "CITY" or any other party (Revised January 1998) Exhibit "S" Page 2 of 3 4.2 Samples collected or tested by "LAS" remain the property of the "CITY" while in the custody of the "LAS". "LAS" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAS" will dispose of non-hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY" "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAS" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAS" will not be responsible for the interpretation or use by others of data developed by "LAS" ARTICLE 6. SAFETY "CITY" and "LAS" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAS" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site. ARTICLE 7. INVOICES AND PAYMENT "LAS" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAS" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAS". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that anyone or more of the provIsions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAS" may subcontract laboratory procedures as "LAS" deems necessary to meet the obligations of this AGREEMENT. (Revised January 1998) Exhibit "S" Page 3 of 3 ~ City of .. C9fPu~ ~ _ Chnstl ~ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with uN/A" FIRM NAME: K \ " I 1. \ t " STREET:_.:.2.{~.~ /-L",ti"'~~<G' CITY: "'-f '::I,,:,h ZIP: 184/(;, FIRM is: 1 Corporation_.1'~ 2 Partnership__ 3. Sole Owner 4. Association_ 5 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1 State the names of each employee of the City of Corpus Christi having an ownership interest constituting 3'-0 or more of the ownership in the above named firm. Name i'<Lt, __..__. Job Tille and City Department (if known) 2 - State the names of each official of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Title !'.J.! H 3. State the names of each board member of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Board. Commission or Committee N('~ _______1-- _._.___ ...__ __ 4 State the names of each employee or officer of a consultant for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest constituting 3% or more of the ownership in the above named firm, Name -.J~.i!~ _ ___ _.___ Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person:DL""'\ v' Iz 'I(.ck (Type or Pnnt) Signature of Certifying person:..J)- Y _ _~,J~,.~_____ Title: Sf. (;~<.:J.< h",,-<...I E~'5I~}<,( .- Date: r:~hrv''''1 23 Z(.'c{, I DEFINITIONS a Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. Employee. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. Firm. Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation'J'oint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treate as non-profit organizations. Official. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. Ownership Interest. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. Constructively held refers to holaing or control established through voting frusts, proxies or special terms of venture or partnership agreements. Consultant. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. b c d e f.