HomeMy WebLinkAboutC2016-639 - 12/23/2016 - NA •
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AGREEMENT
for
Construction Materials Testing and Engineering 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 ROCK ENGINEERING &
TESTING LABORATORY, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized
representative who is Curtis A.Rock,Business Development Manager,which agree as follows:
1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project,described
as follows:Lift Station Repairs City-Wide(Project No.El 6304)("PROJECT").
2. SCOPE OF WORK: Lab 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 B.
3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit A, Scope of Services
and Fee Schedule under this Agreement, a total fee not to exceed $3.488. Monthly invoices will be submitted in
accordance with Exhibit C.
4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT
SITE: To the best of the City's 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.
5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications),
record drawings,contractor's field date and submittal data MI be the sole property of the City and may not be used again
by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are
not specific to this Project.
CI • _di - S C ROCK ENGINEERING&TESTING LABORATORY
y r2/�h rLL+ k , - \ 12-15-16
V. erie H.Gray, P.E. Date A.Rockt � Date
Executive Director of Public Works Business Development Manager
6817 Leopard Street
Corpus Christi,TX 78409
(361)883-4555 Office
(361)883-4711 Fax
APPROVED AS TO LEGAL FORM
Aimee Alcorn-Reed
2016.12.16 17:06:48-06'00'
Assistant City Attorney Date
Engineering Project Number E16304
Accounting Unit 4254-065
Account 550920
Activity E16304-01-4254-EXP
Account Category 50920
Fund Name Wastewater 2015
2016-639 wATER5E19304 LIFT STATION REPAIRS CITY WIDE 20161 CM11CONTRACT.DOC
Rev 171161/5
12/23/16
Rock Engineering& Testing
INDEXED
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•CONSTRUCTION MATERIALS ENGINEERINGRING
TESTING
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•SOILS•ASPHALT•CONCRETE
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f.
Tuesday,November 22,2016
City of Corpus Christi
1201 Leopard St
Corpus Christi,TX 78401
Attn: Jeffrey Edmonds,P.E.
SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED
E16304 Lift Station Repairs-Citywide 2016
Corpus Christi,TX
RETL Proposal Number: P111816C
Dear Jeffrey Edmonds,P.E.
Rock Engineering and Testing Laboratory,Inc (RETE) (TUE Firm No.21011 is pleased to be selected to perform the
Construction Materials Testing for the above referenced project.The Construction Materials Testing for the proposed
construction project Is based upon quantities as derived from the Plans made available to RETL as of the date of this
proposal.
The estimated testing for this project Is $3,488.00
We understand that we have been chosen to provide these services for this publicly funded project. Therefore,by
providing cost information we are not in violation of the Texas Professional Services Procurement Act.
The estimated construction materials testing budget is based on a review of the Information provided to RETL.An
estimated breakdown of field and laboratory testing required Is included as an attachment.
In order to best respond to the project testing needs and schedules,please schedule testing a minimum of 48 hours in
advance in order to deter any potential delays.
RETL strives to accomodate all testing requests as they ore received and can make accomodotlons with advanced
notice to schedules.
Please make note that the actual tees invoiced for this project will be based on the actual testing performed.The total
tee assessed will be dependent on the contractor's construction techniques,number of trips made to the jobslte,
elapsed time from technician arrival to commencement of testing activities,and any time the technician is required to
be on-site but not performing testing activities.
Please be advised that weekend technician time will be invoiced portal to portal at an additional rate of
1.00
RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree
with this proposal,please sign the attached Laboratory Testing Services Agreement.submit the Distribution List and
provide billing information. Please do not hesitate to contoci me at(361)883-4555 extension 415 If you have any
questions regarding the proposal or would like to discuss further.
Sincerely,
Pablo Schmitt
Estimator
Rock Engineering and Testing
ROCK ENGINEERING TESTING LABORATORY INC
5817 LEOPARD STREET•CORPUS CFiPISTT TEXAS,/830)
OFFICE (361)883.6555•FAK (361)8834711•www radrenins corn
__ EXHIBIT A
Tuesday,November 22,2016 Page 1 of 3
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P111816C
E16304 Lift Station Repairs-Citywide 2016
City of Corpus Christi
•'- • Corpus Christi,TX
Jeffrey Edmonds,P.E.
01.LABORATORY UFTS/MIN QTYFREQ QTY RATE AMOUNT
G.PERSONNEL
Admin Fee
LS•Lump Sum
P119 ADMINISTRATION FEE{I time per protect) 1 1 1 Is $7500 $75.00
01.LABORATORY SUBTOTAL $75.00
02.STUDEBAKER UFT STATION UFTS/MIN QTYFREQ QTY RATE AMOUNT
Cl.CONCRETE
1®7.3#28
3000 PSI
P-1 set per days pow
C301.1 CONCRETE CYLINDERS(Min 4) 4 1 4 ea $44.00 $176.00
5399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $43.00 $43.00
V488 VEHICLE 1 2 2 trip $45.00 $9000
L SPECIAL INSPECTIONS
Holiday Testing per Spec 911.One 4 hour day which tncludm travel time.
Each additional how beyond the 4 hour min will be billed at$200.00 per hour.
SF 402
H100 HOUDAY DETECTION(4 HOUR INITIAL TESTING) 1 1 1 day $776.00 $77600
H101 HOUDAY DETECTION(4 HOUR REPAIRS) 1 1 1 day $776.00 $776.00
01.STUDEBAKER LIFT STATION SUBTOTAL $1,861.00
03.TURTLE COVE UFT STATION LIFTS/MIN QTYFREQ QTY RATE AMOUNT
L SPECIAL INSPECTIONS
Hoiday Testing pet Spec 911.One 4 hour day which Includes travel time.
Each additional hour beyond the 4 hour min will be bitted at$200.00 per hour.
SF 309
H100 HOUDAY DETECTION(4 HOUR INMALTESTING) 1 1 1 day $776.00 $776.00
H101 HOUDAY DETECTION(4 HOUR REPAIRS) 1 1 1 day $77600 $776.00
03.TURTLE COVE UFT STATION SUBTOTAL $1,552.00
..... . . ... .... .
EXHIBIT A
Tuesday,November 22,2016 Page 2 of 3
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GRAND TOTAL $3,488.00
FIREPROOFING,FLOOR FLATNESS/LEVELNESS,INSUTATION/STRIPPING,NAIL PATTERN/NAIL OFF and other special Inspections
such REBAR INSPECTION or PAD/FOUNDATION CERTIFICATION are not Included in this proposal.Please contact us for a quote
for these Items If needed.
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EXHIBIT A
Tuesday,November 22.2016 Page 3 of 3
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EXHIBIT B
TERMS AND CONDITIONS TO TESTING 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 supervision of a licensed professional engineer and in compliance with the
basic requirements of the appropriate standards of the American Society for Testing and Materials, where
applicable, and other standards designated in writing by the City Engineer.
1.3 Promptly submit formal reports (printed and electronic copies) 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.
1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit
to the City Engineer or designee 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 designee 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 designee has authority to transmit
instructions, receive information and data and/or 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.
2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab 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 Lab to perform contracted services;
(b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to
facilitate the specified inspection and tests;
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(c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test
specimens that must remain on the Project site prior to,during and up to 60 days after testing.
ARTICLE 3. GENERAL CONDITIONS
3.1 Lab, 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 that, by custom or contract, are vested in the
Project architects, design engineers or any other design agencies or authorities.
3.2 Lab 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. Lab 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 Lab to conduct the sampling,testing or inspection of operations covered by the Agreement.
ARTICLE 4. FIELD MONITORING AND TESTING
4.1 City and Lab agree that Lab 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 Lab will not relieve the Project
contractor of its 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 Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors
does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be
a warranty by Lab to the City or any other party.
4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab 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, Lab 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 Lab 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. Lab will not be responsible for
the interpretation or use by others of data developed by Lab.
ARTICLE 6. INDEMNIFICATION
Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, or other entity, excluding the engineer or architect or that
person's agent, employee or subconsultant, over which the City exercises control
("Indemnitee") from and against any and all claims, damages, liabilities or costs, including
reasonable attorney fees and court costs, to the extent that the damage is caused by or
results from an act of negligence, intentional tort, intellectual property infringement or failure
to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or
another entity over which Lab exercises control while in the exercise of rights or performance
of the duties under this agreement. This indemnification does not apply to any liability
resulting from the negligent acts or omissions of the City or its employees, to the extent of
such negligence.
Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against
any and all claims, damages, liabilities or costs, including reasonable attorney fees and court
costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
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breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's
fees in proportion to the Lab's liability.
Lab must advise City in writing within 24 hours of any claim or demand against City or Lab
known to Lab related to or arising out of Lab's activities under this Agreement.
ARTICLE 7. INVOICES AND PAYMENT
7.1 Lab 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.
7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual
budget.
ARTICLE 8. INSURANCE REQUIREMENTS
8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such
insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all
similar insurance required of any subcontractor has been obtained.
8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of
Certificates of Insurance (COI)with applicable policy endorsements showing the following minimum coverage by
an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or number must be
listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, required Bodily Injury and Property Damage
on all certificates or by applicable policy Per occurrence- aggregate
endorsements
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) $2,000,000 Aggregate
(Defense costs must be outside policy limits)
If claims made policy, retro date must be prior
to inception of agreement, have extended
reporting period provisions and identify any
limitations regarding who is insured.
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WORKERS'COMPENSATION Statutory
(All States Endorsement if Company is not
domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports
of any accidents within 10 days of the accident.
8.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance
company. The coverage must be written on a policy and endorsements approved by the Texas Department of
Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all
workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be
required if Lab is not domiciled in the State of Texas.
8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at
Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted
to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to
provide City with renewal Certificates.
8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided
below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All
notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi,TX 78469-9277
8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be
endorsed to contain the following required provisions:
(a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional
insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City, with the exception of the workers'compensation policy
and professional liability/Errors&Omissions policy;
(b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
(c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the
City; and
(d) Provide thirty(30) calendar days advance written notice directly to City of any suspension, cancellation, non-
renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for
nonpayment of premium.
8.8 Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Lab shall provide a
replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend
Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to
maintain the required insurance shall constitute a material breach of this contract.
8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or
policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to
remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until
Lab demonstrates compliance with the requirements hereof.
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8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held
responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's
performance of the work covered under this agreement.
8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or
self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement.
8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation
contained in this agreement.
ARTICLE 9. TERMINATION OF AGREEMENT
The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the
address of record. Lab will be compensated for services performed up to termination.
ARTICLE 10. CONTROLLING LAW
This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal
proceedings lie exclusively in Nueces County, Texas.
ARTICLE 11. DISCLOSURE OF INTERESTS
11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests
form as part of this Agreement, if required.
11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate
of Interested Parties as part of this Agreement, if required. For more information, please review the information
on the Texas Ethics Commission website at https://www.ethics.state.tx.us.
11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of
Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a
Form CIQ, please review the information on the City Secretary's website at
http://www.cctexa s.com/government/city-secretary/confl ict-disclosure/index.
ARTICLE 12. CLAIMS
12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative.
The responsibility to substantiate a claim rests with the party making the claim.
12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement
negotiations for purposes of applicable rules of evidence.
ARTICLE 13. EXTENT OF AGREEMENT
13.1 This Agreement, including Exhibit"A" and these Terms and Conditions, represents the entire Agreement between
City and Lab 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 representatives of City and Lab. If any
conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and
Conditions are controlling.
13.2 In the event that any one 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.
13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may
subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement.
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ARTICLE 14. SAFETY
City and Lab 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 Lab 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.
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EXHIBIT C
Monthly Invoices
Sample form for
COMPLETE PROJECT NAME Payment Retest
Revises 07rnro0
Project No.XXXX
Invoice No.12345
Invoice Date:
Total Amount Previous Total Percent
Basic Services: Contract Amd No.1 Aid No.2 Contract Invoiced Invoice Invoice Complete
Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%
Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50%
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 0 0 0 0%
Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services:
Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25%
Warranty Phase 0 1,120 0 1,120 0 0 0 0%
Inspection 0 0 1,627 1,627 0 0 0 0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD 0%
O&M Manuals TBD TBD TBD TBD TBD TBD TBD 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11%
Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%
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