HomeMy WebLinkAboutContracts & Agreements_37-2023AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of Design and Construction Management of a Public
Safety Facility("Agreement") is made and entered in this 21st day of February, 2023 ("Effective
Date"), by and between the City of Redlands, a municipal corporation ("City") and Holt
Architects, Inc, a California Corporation ("Consultant"). City and Consultant are sometimes
individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the
mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1— ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide Design and Construction Management of a
Public Safety Facility services for City (the "Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A," titled "Scope of Services," which is attached hereto and incorporated herein by this
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to, any applicable State
prevailing wage laws.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City designates Chris Boatman, Assistant City Manager, as City's representative with
respect to performance of the Services, and such person shall have the authority to
transmit instructions, receive information, interpret and define City's policies and
decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "B," titled "Project Schedule," which is
attached hereto and incorporated herein by reference.
4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to City, consistent with City
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Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a
copy of such policy from City staff.
ARTICLE 5 — PAYMENTS TO CONSULTANT
5.1 Compensation: Total compensation for Consultant's performance of the Services shall be
in the amount of Two Million Two Hundred Thirty -Five Thousand Dollars ($2,235,000).
City shall pay Consultant in accordance with Exhibit "C," titled "Fee Schedule" which is
attached hereto and incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed
during the preceding month. Consultant's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by whom, and a description of reimbursable expenses related to the Services. City
shall pay Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier; or (iv) on the date sent by facsimile or electronic mail transmission (including
PDF), if confirmed with a copy sent contemporaneously by first class, certified,
registered or express mail; in each case properly posted and fully prepaid to the
appropriate address set forth below, or such other address as a Party may provide notice
in accordance with this section:
CITY:
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone: (909) 798-7531
CONSULTANT:
Thomas Howell, Senior Principal
Holt Architects, Inc.
36951 Cook St., Suite 103
Palm Desert, CA 92211
Email: thowell@holtarchitecture.com
Phone: 760-328-5280
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services. Consultant shall not
perform any Services unless and until the required insurance listed below is obtained by
Consultant. Consultant shall provide City with certificates of insurance and endorsements
evidencing such insurance prior to commencement of the Services. Insurance policies
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shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self -insured or exempt from the workers' compensation laws
of the State of California. Consultant shall execute and provide City with Exhibit
"D," titled "Workers' Compensation Insurance Certification," which is attached
hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) aggregate, for public liability, property damage and
personal injury is required. City shall be named as an additional insured and- such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
C. Consultant shall secure and maintain professional liability insurance throughout the
term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim
made.
D. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability. This coverage shall include all Consultant owned vehicles
used in connection with Consultant's provision of the Services, hired and non -owned
vehicles, and employee non -ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City.
E. Consultant is expressly prohibited from assigning or subcontracting any of the
Services without the prior written consent of City. In the event of mutual agreement
by the Parties to assign or subcontract a portion of the Services, Consultant shall add
such assignee or subcontractor as an additional insured to the insurance policies
required hereby and provide City with the insurance endorsements prior to any
Services being performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed
officials, employees and agents from and against any and all claims, losses or liability,
including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any negligent act or omission by, or the willful misconduct of, Consultant,
or its officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
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income, interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's Services. Consultant further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests,
Consultant shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, result in City's immediate termination of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any its agents shall
have control over the conduct of Consultant or Consultant's employees, except as herein
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set forth. Consultant shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only, and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied, to
bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Consultant's compensation shall be
made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Consultant at the time of termination may be adjusted to the
extent of any additional costs to City occasioned by any default by Consultant. Upon
receipt of a termination notice, Consultant shall immediately discontinue its provision of
the Services and, within five (5) days of the date of the termination notice, deliver or
otherwise make available to City, copies (in both hard copy and electronic form, where
applicable) of project related data, design calculations, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by Consultant in performing the Services. Consultant shall be compensated
on a pro-rata basis for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree
that all actions or proceedings arising in connection with this Agreement shall be tried
and litigated only in the state courts located in San Bernardino County, California, and
the federal courts located in Riverside County, California. _
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
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sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF ' AND
By: / /... 1"� By:
Eddie Tejeda, Mayo
ATTEST:
at-a-aixa.,_
e Donaldson, City Clerk
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HOLT ARCHITECTS, INC.
Thomas Howell, Senior Principal
EXHIBIT "A"
SCOPE OF SERVICES
1. Site and Building Master Planning Process
• Perform a space needs analysis to determine the long-term space requirements for the
Police Department based on the City's projected population of 72,000 residents at the
estimated build -out date of 2028.
• Perform a comprehensive evaluation of the existing building site.
• Provide a complete site survey to verify all existing grades, easements and site conditions.
■ Provide all entitlement documentation for the project site including location of all
easements, site restrictions and CC&R's.
■ Provide all coordination with local utility agencies to resolve all wet and dry utility services
to the project site.
• Submit project development timeline in Excel or other City approved format to establish a
baseline project schedule that will be monitored and updated throughout each phase of the
project development.
■ Prepare site master plan alternatives.
■ Provide presentation renderings as required to relay design concepts, spatial relationships
and site issues and constraints to City staff and committee members.
• Present master plan scenarios to the Project Design Team to determine preferred
alternative.
■ Revised master plan preferred alternative based on City staff input and submit plans to
Project Design Team for approval.
2. Design Development Process
• Revise project development timeline based on final project master plan approval
■ Submit master plan preferred alternative to Development Review Committee for review and
comment
• Revise master plan as necessary to obtain Development Review Committee approval.
■ Submit master plan to Planning Commission for approval and recommendation to City
Council of final.
■ Attend project -related meetings including, Project Design .Team, Development Review
Committee, Planning Commission and City Council meetings as required by City staff to
convent the intent of the design to City staff and address any project -related issues.
• Provide probable cost of construction estimates during the course of project development
from initial design through construction document preparation per Section A Scope of
Consultants Services, Item No. 3.
3. Construction Document Preparation
• Revise project development timeline based on final project approval by City Planning
Commission.
• Prepare construction documents (plans, general and special conditions and technical
specifications and structural calculations) for the project.
• Submit construction documents to City for review and revise as necessary to obtain final
plan approval from the Planning Division.
• Construction documents to be designed to achieve a minimum of Silver Certification
through the LEED certification process per Section E, Green Building Certification.
■ Prepare final construction cost estimates based on proposed Bid Schedule and
Additive/Deductive Bid Items.
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■ Construction documents shall be prepared in City standard format per City of Redlands
Standard Specifications including plan size and Title Block format. Construction plans shall
be prepared in AutoCAD 2000, or comparable computer -aided software, as approved by
the City. Copies of the construction documents shall be provided to the City and the City's
reproduction company via electronic copy on CD at the City's request. Consultant shall
provide up to six full sets of plans to the City per submittal at no additional cost to the City.
■ Technical specification shall be provided by the consultant in Microsoft Word, or in the
format determined by the City. City shall provide the consultant a copy of the City's General
Conditions for incorporation into the technical specifications. Draft and final technical
specifications submitted to the City shall include a full copy on CD. Consultant shall provide
up to six full sets of technical specifications to the City at no additional cost to the City.
■ City shall be responsible for all construction document reproduction costs required for
project advertisement and bidding purposes.
4. Interior Design Services
■ Coordinate the design and selection of all building interior finishes included but not limited
to casework, furniture, walls, flooring and specialty equipment.
■ Provide color boards and product samples for all specified surface finishes and equipment
as required to convey the intent of the interior design and to obtain consensus from the
Project Design Team.
■ Specify interior finishes and equipment that meets the program requirements to meet and
obtain LEED Silver Certification.
■ Review interior finishes and equipment to ensure that all products meet the project budget
constraints.
5. Construction Management Services
■ Revise project development timeline for bidding and construction schedule.
■ Conduct pre -bid meeting, evaluate and prepare responses to Requests for Information
(RFI's), prepare any required Bid Addenda, or clarifications prior to the submittal of
contractor bids.
■ Review construction bid proposals and conduct review of apparent low bidder and listed
subcontractors and make final recommendations to the City regarding the award of the
construction contract.
■ Review construction bid proposals and make recommendations to the City,regarding the
award of Base Bid and Additive/Deductive Bid items.
■ Conduct pre -construction meeting, respond to contractors RFI's, Request for Clarifications
and any project related issues throughout the course of construction.
■ Review and process construction submittals/shop drawings for compliance with
construction documents and to meet requirements for LEED Certification.
■ Provide plan clarifications, details and consultation to the City during construction to ensure
proper interpretation of the construction documents and completion of work.
■ Conduct weekly site construction meetings during the course of construction, coordinate
the documentation and distribution of meeting minutes, monitor and evaluate the status of
the construction schedule and respond to any construction -related issues as they arise.
■ Review, evaluation and respond to any Request for Change Orders.
6. Project Close -Out and LEED Certification
■ Review as -built documents to ensure plan documents reflect building and site changes
made during the construction process.
■ Coordinate the project close-out documentation process including receipt and review of all
contractor supplies maintenance manuals, product system warranty documents and as -
built construction drawings.
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• Coordinate the submission of all LEED Certification documents to the USGBC, including
any follow-up documents requested in order to achieve final LEED Certification.
A. Police Department
The following outlines the components of the building development:
■ The control, processing and housing of detainees. This includes a temporary holding facility prior
to the transfer of prisoners to the West Valley Detention Center for further processing.
■ The development of the City's secondary Emergency Operations Center (EOC). The facility shall
be capable of housing police, fire and support operations during local agency response to a man-
made or natural disaster.
■ --The development of an on -site firing range. The overall size of the range and number of firing
lanes shall be determined by the City during design development portions of the project.
■ The development of secured parking and entry/ exit points for staff
• The development of covered parking w/ solar panels
■ The development of a drone base rooftop
• The development of an employee gym
• Development of a signage program for the site including site, building identification and way -
finding signage to facilitate access to the site and within the building.
• Development of an electric charging station area for the Police Department's vehicle.
B. Building and Engineering Department Requirements
The City's Building Department has adopted the 2019 version of the International Building Code (IBC).
The building design, structural calculations and construction documents shall all be prepared to meet all
Building Codes currently adopted by the City at the time of construction document submittal.
All construction documents, including civil engineering drawings shall be processed through the City's
Development Services Department Planning Division (Planning Division). Building plans, structural
drawings and structural calculations are reviewed by an outside plan review company. The plan review
process normally requires a minimum of three plan submittals prior to final approval by the Planning
Division. Site construction drawings (civil engineering) are review through the City's Municipal Utilities and
Engineering Department (Engineering Department) and generally require a minimum of three plan
submittals prior to final approval by the City Engineer. Consultant shall provide all plan revision submittals
as required to complete the plan check process at no additional cost to the City.
C. Cost Estimating / Value Engineering
Consultant shall provide cost estimating for the development of the Police Department based on
completion of the following project milestones:
• At completion of the schematic design process and approval of the final site plan.
• At completion of design development process and approval of final building and site design (prior
to Planning Commission approval).
• At 50% completion of the construction document preparation.
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■ At 100% completion of construction document preparation including submittal of bid estimate
based on project Bid Form including Base Bid and all Additive/Deductive Bid Items.
All cost estimates shall incorporate value engineering principles to ensure the most cost effective
methods of construction are being utilized in the development of the facilities.
D. Green Building Certification
The City has elected to take a proactive approach to green development and the incorporation of green
design principles into the building construction. The City has established a goal of LEED Silver
Certification for the project through the U.S. Green Building Council (USGBC). The consultant hall be
required to perform all aspects of the building certification including, but not limited to, the following items:
■ Project registration and certification fees with the USGBC.
■ Development of the LEED Target Scorecard.
■ Design document review and recommendations.
■ Construction specification preparation.
■ Plan check review of the construction plans and specifications.
■ Contractor bid review for LEED targeted credit compliance.
■ Construction submittal review and documentation.
■ Project commissioning including all energy modeling, HVAC and specialty systems.
■ Design, plan preparation and construction administration meetings with the City and consultant
team required to ensure project is meeting all the established design goals.
■ Preparation and submittal of all documentation to the USGBC as required for project certification.
■ Appealing of any credits required to achieve the established LEED level of certification.
The consultant shall be responsible for coordinating with the Project Design Team to ensure that the
project will achieve a LEED Silver Certification at development of the building.
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EXHIBIT "B"
PROJECT SCHEDULE
Time (Months)
Part
RFP #
Phase
Item
Item
Phase
A
1
Planning
Program, Preliminary Design & Project Diligence
3
4
City Review
1
B
2
Schematic Design
Document Development
3
4
City Review
1
Entitlement
City Review + Entitlement Process (as needed)
3
3
Design Development -
Document Development
3
4
City Review
1
3
Construction Documents
Document Development
3
3
4
Plan Check
City, Fire, LEED & Utilities
3
3
S
Bid & Construction Administration
Services
Public Bid Process
2
25
City Award for Construction Process
2
Preliminary Project Construction Duration
18
Construction Contingency
3
Sub -Total
46
LEED Certification - Post Construction Project Certification Process
3
Total
49
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EXHIBIT "C"
Fee Schedule
Proposed
Phasing
Description
% of Fee
Amount
A
la - Diligence
7.72%
$
172,560
lb - Program/Preliminary
Design
9.87%
$
220,595
B
2a - Schematic Design
15.00%
$
335,250
2b - Design Development
17.00%
$
379,950
3-4a - Construction Documents
25.00%
$
558,750
3-4b - Plan Check
3.00%
$
67,050
5a - Bid
1.00%
$
22,350
5b - Construction Admin
19.00%
$
424,650
5c - Typical Close-out
0.50%
$
11,175
5d - LEED Close-out
1.50%
$
33,525
Reimburseables
0.41%
$
9,146
$
2,235,000
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HOLT
ARC HITFCTIJRF
2023 HOURLY RATE AND EXPENSE SCHEDULE
Rates Effective through 12/31/2023
HOLT ARCHITECTURE STAFF
Senior Principal
246.00
Principal
214.00
Project Architect
193.00
Project Manager + Designer
166.00
Assistant Project Manager + Assistant Designer + Interior Designer
139.00
Project Assistant
107.00
Administration Assistance
91.00
Intern
75.00
CONSULTANTS
Services performed by Consultants outside the Scope of Work
delineated in Professional Services Agreement such as: Structural,
Mechanical, Electrical Plumbing, Civil; Soils, Landscape, etc_
Cost + 15%
REIMBURSABLE EXPENSES
Vehicle h itaaga
0_80 Mile
Postage/Delivery Service, Outside Reprographic Service,
Photography, Permits & Fees
Cost + 15%
Copies, Printing B. Scanning
Black P. White
Color
8°,ixll
20
.50
11 x 17
.50
1.00
1$ x 24
2.00
4.00
24 x 36
4.00
6.00
30 x 42
6.00
9.00
36 x 48
12C0
16.00
36951 Cook Street, Suite 1031 Palm Desert, CA 92211
2300 Market Street, Suite 140 I Riverside, CA 92501
760.328.5280
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EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
X I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
HOLT ARCHITECTS, INC.
By:..e. Date: 2/21/2023
Thomas Howell, Senior Principal
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