HomeMy WebLinkAbout5657 RESOLUTION NO. 5657
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND KING COUNTY, METRO TRANSIT
DEPARTMENT RELATING TO SAFE ROUTES TO TRANSIT
PROGRAM CAPITAL IMPROVEMENTS AGREEMENT
WHEREAS, Metro Connects is a long range transit plan adopted by King County,
Metro Transit Department (KC Metro). Metro Connects envisions more people walking
and bicycling to transit, and makes significant investments toward that vision, including
funding for sidewalks, bikeways and other treatments; and
WHEREAS, to further the goals of Metro Connects, King County has appropriated
funds in Metro's Safe Routes to Transit Program to support capital projects that improve
safety, convenience and accessibility for people walking, bicycling and using assistive
mobility devices (such as wheelchairs or walkers) to connect to transit services and
facilities; and
WHEREAS, capital improvement projects made under the Safe Routes to Transit
Program may include sidewalks, bikeways, safe crossings, ADA ramps, traffic calming
devices and treatments, lighting, traffic counters, and other improvements that will
enhance safety, comfort and access to transit services and facilities; and
WHEREAS, the City and KC Metro have identified needed improvements at the
intersection of Auburn Avenue and 2nd Street NE (Improvements) that will support and
improve transit access in the City;
WHEREAS, King County has agreed to reimburse the City for costs to construct
the Improvements as a City capital project (Project); and
Resolution No. 5657
March 28, 2022
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WHEREAS, the City and County are authorized to enter into this Agreement
pursuant to RCW 39.34.030.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement with the King
County Metro Transit Department related to pedestrian safety improvements and expend
funds for said agreement, which Agreement will be in substantial conformity with the
Agreement attached as Exhibit A.
Section 2. The Mayor is authorized to execute any necessary funding
authorizations, supplemental amendments, and award a construction project, expending
up to the total amount of the Project budget including Metro Funds, and to implement
administrative procedures necessary to carry out the directions of this legislation.
The Mayor is authorized to implement those administrative procedures necessary
to carry out the directions of this Resolution.
Resolution No. 5657
March 28, 2022
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Section 3. This Resolution will take effect and be in full force upon passage and
signatures.
Signed D\ (1\ kA ) 20')2
CITY OF AUBURN
ANCY AKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
}i/couivtAck [04 COYV\ _
10? Shawn Campbell, MC, City ClerkK ndra Comeau, City Attorney
Resolution No. 5657
March 28, 2022
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DocuSign Envelope ID:FF574944-4248-4CEF-977D-8CC67486EB3C
Resolution 5657 Exhibit A
SAFE ROUTES TO TRANSIT PROGRAM
PEDESTRIAN CAPITAL IMPROVEMENTS AGREEMENT
between
KING COUNTY,METRO TRANSIT DEPARTMENT
and
CITY OF AUBURN
THIS SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENTS AGREEMENT(the"Agreement") is
entered into by and between the City of Auburn,a municipality of the State.of Washington (the"City"),
and King County,a political subdivision of the State of Washington,through its Metro Transit
Department(the"County"or"Metro"),either of Which entity may be referred to hereinafter as."Party"
or collectively as the"Parties.
WHEREAS, Metro's adopted long-range transit plan; Metro Connects,envisions more people walking
and bicycling to transit, and making significant investments toward that vision,including funding for
sidewalks,bikeways and other treatments;and
WHEREAS,the County has appropriated.funds in Metro's Safe Routes to Transit Program to support
capital projects that improve safety,convenience and accessibility for people walking, bicycling and
using assistive mobility devices(such as wheelchairs or walkers)to connect to transit services and
facilities;and
WHEREAS,capital improvement projects made under the Safe Routes to Transit Program may include
sidewalks,bikeways,safe crossings,ADA ramps,traffic calming devices andtreatments, lighting,traffic
counters, and other improvements that will enhance safety,comfort and access to transit services and
facilities;and
WHEREAS,the County expects that such improvements developed under the Safe Routes to Transit
Program will help reduce collision risks and injuries involving people walking and cycling,attract More
transit riders, help more riders connect to transit without useof a personal car,thereby supporting
County objectives for equity, managing demand for car parking at transit facilities, reducing local traffic
congestion and emissions,and supporting health;and
WHEREAS,the County intends to work with local jurisdictions to fund the design and construction of
such capital projects as sidewalks, bikeways,safe crossings,ADA ramps,traffic calmingdevices and
treatments, lighting,traffic counters, and other improvements that will enhance safety,comfort and
access to transit services and facilities;and
WHEREAS, Metro has worked with the cities of Renton, Kent and Auburn to design and prepare for
construction of improvements for the RapidRiide'L Line,including access to transit improvements; and
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DocuSign Envelope ID:FF574944-4248-4CEF-977D-8CC67486EB3C
Resolution 5657 Exhibit A.
WHEREAS,the RapidRide l Line will provide new RapidRide bus rapid transit(BRT)service connecting the
cities of Renton, Kent and Auburn, upgrading the existing route 160,which was implemented in fall
2020; and
WHEREAS,the County and the City have mutual interest in reducing barriers to transit service in order to
support access to transit services and facilities in the City; and
WHEREAS,the Parties have identified a capital improvement project that will support and improve
transit access in the City;
NOW,THEREFORE, in consideration of the mutual covenants set forth herein,the sufficiency of which is
hereby acknowledged,the Parties agree as follows:
1. PURPOSE OF AGREEMENT
The purpose of this.Agreement is to establish the terms and conditions under which the County, as part
of its Safe Routes to Transit Program,will reimburse the City for a portion of the costs of the design
and/or construction of certain transit access capital improvements consisting,in summary,of
pedestrian safety improvements at specific locations(the "Project"), as more particularly described in
the Scope of Work("SOW")set forth at Exhibit A,which is attachedhereto and:incorporated herein by
this reference.
2. DUTIES AND RESPONSIBILITIES OF THE CITY
2.1 The City shall furnish the necessary personnel,equipment,material and/or services and
otherwise do all things necessary for or incidental to design,construct and inspect the transit
access capital improvements provided for in the Project description set forth in Exhibit A. The
Project objectives and timelines are provided for with particularity in Exhibit A.
2.2 It shall be the:City's responsibility to finalize the design and build the Project in compliance with
applicable requirements of federal,state and local laws, rules and regulations,including,but not
limited to,the Americans with Disabilities Act("ADA"). The City shall also be responsible for
obtaining any necessary permits;review and approval by federal,state or:local regulatory
agencies,if applicable;and for conducting any required environmental review. The City shall
also be responsible for the administration and funding of any contracts it enters into for the
performance of its responsibilities under this Agreement.
2.3 Upon completion, all Project improvements shall become the property of the City. The City shall
be responsible for ongoing maintenance, repair and replacement of any Project.improvements.
2.4 The City will provide the County with regular progress reports,at least quarterly,to identify
work progress andother matters of significance in the performance of this Agreement.
2.5 The City shall submit design plans for the Project improvements to.the"County for its review and
written approval prior to initiating construction. The County will have the opportunity to review
and provide written comments on the plans to ensure consistency with any applicable
requirements and the County's expectations for the Project. Should the City desire to change
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DocuSign Envelope ID:FF574944-4248-4CEF-977D-8CC67486EB3C
Resolution 5657 Exhibit A
the final Project design after the County's initial review and approval of the initial design plans,
whether based on additional engineering or traffic analysis,input from stakeholders,or other
factors,the County's Contract Manager, as provided for in Section 18 of this Agreement,shall be
notified of such proposed changes. Any such changes that are deemed significant by the
County shall require joint written approvalconsistent with Section 15 of this Agreement.
2.6 The City shall contribute funding for the design of the Project.
3. DUTIES AND RESPONSIBILITIES OF THE COUNTY
3.1 The County will reimburse the City for a portion of the actual,eligible costs incurred by the City
for the transit access capital improvements as provided for in the SOW set forth at Exhibit A.
Under no circumstances will the County's contribution to the City's eligible Project costs exceed
a maximum amount of$55,000.00(the"Reimbursement Cap").
3.2 The County's obligation tomake such reimbursements is contingent upon the Citycompleting
design of the project,as stated in Subsection 2.6,
4. INVOICE AND PAYMENT PROCEDURES
4.1 The County will reimburse the City for actual,.eligible costs incurred for work performed
pursuant to this Agreement as identified in the SOW.The City shall submit a completed invoice
to the County detailing quarterly activities,outcomes, expenses and reimbursement amount
due within thirty(30)days of each quarter's end. The County shall pay.the City within thirty(30)
calendar days after the County has received completed invoices. In no:event shall the total
reimbursement to City for work performed pursuant to this Agreement exceed the
Reimbursement Cap provided for in Subsection 3.1 of this Agreement.
4.2 In the event that it is determined that an overpayment has been made.to the City by the County,
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the County will bill the City for the amount of overpayment. The City shall pay the County
within thirty(30)daysof receipt of an invoice for overpayment.
5. EFFECTIVE DATE AND DURATION OF AGREEMENT
This Agreement shall take effect upon the latest date on which both Parties have signed the Agreement
(the"Effective Date")and shall remain in effect until June 30,2023, unless extended by written
amendment of the Parties pursuant to Section 15 of this Agreement or earlier terminated pursuant to
the provisions of Section 7 of this Agreement.
6. DISPUTE RESOLUTION PROCESS
6.1 Designated Dispute Resolution Representatives. The following individuals are the designated
representatives for the purpose of resolving disputes that arise under this Agreement:
For the County: Carol Cooper,Managing Director
King County Metro Transit Market Innovation Section
201 South Jackson Street, MS KSC-TR-0411
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DocuSign Envelope ID:FF574944-4248-4CEF-977D-8CC67486EB3C
Resolution 5657 Exhibit A
Seattle,WA 98104
(206)477-5871
carol.cooper@kingcounty.gov - ..
For the City: Jacob Sweeting, City Engineer
City of Auburn
25 West Main Street
Auburn,WA 98001
(253)804-3118
jsweeting@auburnwa.gov
6.2 The County representative:and the City representative shall confer to resolve disputes that arise
under this Agreement as requested by either Party. The designated representatives shall use
their best efforts and exercise good faith to resolve such disputes.
6.3 In the event the designated representatives are unable to resolve the dispute,.the City's Mayor
or her/his designee and the General Manager of the County's Metro Transit.Department or
her/his designee shall confer and exercise good faith to resolve the dispute.
6.4 In the event the Mayor and the General Manager of Metro.Transit are unable to resolve the
dispute,the Parties may, if mutually agreed in writing,submit the matter to non-binding
mediation. The Parties shall then seek to mutually agree upon the mediation process,who,shall
serve as the mediator,and the timeframe the Parties are willing to discuss the disputed issue(s).
6.5 If the Parties cannot mutually agree as to the appropriateness of mediation,the mediation
process,who shall serve as mediator,or the mediation is not successful,then either Party may
institute a legal action in the King County Superior Court,situated in.Seattle,Washington, unless
another venue is mutually agreed to in writing.
6.6 The Parties agree that they shall have no right to seek relief in a court'of law until and unless
each of the above procedural steps has been exhausted.
7. TERMINATION
7.1 Termination for Convenience. The County may terminate this Agreement for its convenience
and without cause upon thirty(30)days written notice to the City. In the event of termination
of this Agreement by the County pursuant to this Subsection 7.1,the County shall be liable only
for costs incurred in accordance with the terms of this Agreement prior to the effective date of
termination.
7.2 Termination for Cause. Either Party may terminate this Agreement in the event that the other
Party materially breaches this Agreement and such breach isnot cured in the time provided in
this Subsection 7.2. Written notice of intended termination and a description of the breach
must be provided via certified mail by the Party terminating this Agreement to the other Party
not less than thirty(30) calendar days prior to the intended effective date of termination. The
breaching Party shall be given thirty(30)calendar days in which to cure its material breach to
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DocuSign Envelope ID:FF574944-4248-4CEF-977D-8CC67486EB3C
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the reasonable satisfaction of the other Party. If the breaching Party fails to cure within thirty
(30)calendar days,the Agreement shall terminate on the date specified in the notice.
7.3 Termination for Non-Appropriation or Loss of Funding. In addition to termination:for default,
the County may terminate this Agreement for non-appropriation or loss of funding by giving not
less than thirty(30) calendar days'written notice thereof to the City.
8. LEGAL RELATIONS
8.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the benefit of the
Parties hereto and gives no right to any other person or entity.
8.2 No Partnership or Joint Venture. No joint venture,agent-principal relationship or partnership is
formed as a result of this Agreement.
8.3 Independent Capacity. The employees or agents of each Party who are engaged in the
performance of this Agreement shall continue to be employees or agents of that Party and shall
not be considered for any purpose to be employees or agents of the other.Party.
8.4 Applicable Law. This Agreement shall be governed by and construe_d in accordance with the
laws of the State of Washington.
8.5 Jurisdiction and Venue. The King County Superior Court,situated in Seattle,.Washington,shall
have exclusive jurisdiction and venue over any legal action arising under this Agreement.
8.6 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions
hereof shall be deemed to have been explicitly negotiated between,and mutually drafted by,
both Parties, and the language in all parts of this Agreement shall, in all cases,be construed
according to its fair meaning and not strictly for or against either Party.
8.7 Survival. Each of the:provisions of this Section 8(Legal Relations)shall survive the expiration or
earlier termination of this Agreement.
9. RECORDS RETENTION AND AUDIT
9.1 Maintenance of Records. During the term of the Agreement and for a periodnot less than six
(6)years from the date of its expiration or earlier termination,the records and accounts
pertaining to this Agreement are to be kept available by both Parties for inspection and audit by
the other Party and the State Auditor,and copies of all records, accounts,°documents,or other
data pertaining to the Agreement will be furnished uponreasonable notice. If any litigation,
claim,or audit is commenced,the records and accounts along with supporting documentation
shall be retained until all litigation, claim,or audit finding has been resolved even though such
litigation,claim,or audit continues past the six-year retention period.
9.2 Disclosure of Public Records. Both Parties acknowledge and agree that all non-privileged,non-
exempt records that may be maintained pursuant to Subsection 9.1 of this Agreement are
subject to public disclosure under the Washington State Public Records Act,Chapter 42.56 RCW.
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DocuSign Envelope ID:FF574944-4248-4CEF-977D-8CC67486EB3C
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10. FORCE MAJEURE
Either Party to this Agreement shall be excused from performance of its responsibilities and-obligations
under this Agreement, and shall not be liable for damages due to failure to perform,during the time and
to the extent that it is prevented from performing by a cause directly or indirectly beyond its control,
including, but notlimited to: late delivery or nonperformance by vendors of materials or supplies;any
incidence of fire,flood, snow, earthquake,or acts of nature;strikes or labor actions;accidents, riots,
insurrection,terrorism, or acts of war;order of any court or civil authority;commandeering material,
products, or facilities by the federal,state or local government; or national fuel shortage;when
satisfactory evidence of such cause is presented to the other Party to this Agreement,and provided that
such non-performance is beyond the control and is not due to the fault or negligence of the_Party not
performing.
11. NONDISCRIMINATION
The City agrees to comply with all applicable federal,state,and local laws, rules,and regulations
pertaining to nondiscrimination and agrees to require the same of any and all subcontractors providing
services or performing any work using funds provided under this Agreement. During the performance of
this Agreement, neither the City nor any entity subcontracting under the authority of this Agreement,
shall discriminate or tolerate harassment on the basis of sex, race,color,marital status,national origin,
religious affiliation, disability,sexual orientation,gender identity or expression or age:except.by
minimum age and retirement provisions, unless based upon a bona fide occupational qualification, in
the administration or delivery of services or any other benefits under this Agreement. King County Code
Chapter 12.16 and 12.17 are incorporated herein by reference,and such requirements shall apply to this
Agreement.
12. INDEMNIFICATION
The City and its successors and assigns shall protect, save, defend,indemnify and hold harmless the
County, its elected officials, officers,employees,and agents while acting within the scope of their
employment as such,from any,and all costs,claims, actions,judgments,and/or awards of damages or
expenses of any naturewhatsoever, arising out of or in any way resulting from the City's acts or
omissions under this Agreement. The City agrees that it is fully responsible for the acts and omissions of
its contractors,subcontractors, consultants, and their employees and agents,acting within the scope of
their employment as such,as it is for the acts and omissions of its own employees and agents. The City
agrees that its obligations under this provision extend toany claim,demand, and/or cause of action
brought by or on behalf of any of its employees or agents. The foregoing:indemnity is specifically and
expressly intended to'constitutea waiver of the City's immunity under Washington's Industrial
Insurance Act, RCW Title 51,as respects the County only,and only-to the extent necessary to provide
the County, its elected officials,officers, employees, and agents-with a full and complete indemnity of
claims made by the City's employees. The Parties acknowledge that these provisions were specifically
negotiated and agreed upon by them. The provisions of this Section 12 shall survive the expiration or
earlier termination of this Agreement.
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DocuSign Envelope ID:FF574944-4248-4CEF-977D-8CC67486EB3C
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13. WAIVER
A failure by either Party to exercise its rights under this Agreement shall not preclude that,Party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement unless stated to be such in a writing signed by an authorized representative of.the Party and
attached to the original Agreement.
14. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidityshall not affect the other provisions of this Agreement which can be given
effect without theinvalid provision,if such remainder conforms to the requirements of applicable law
and the fundamental purpose of this Agreement;and to thisend the provisions of this Agreement are
declared to be severable. -
15. CHANGES.AND MODIFICATIONS
This Agreementmay be changed, modified,or amended only by written agreement executed by
authorized representatives of both Parties.
16. REPRESENTATION ON AUTHORITY OF SIGNATORIES
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
17. ALL TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties. No other
understandings,oralor otherwise, regarding the subject matter of this Agreement shallbe deemed to
exist or to bind any of the Parties hereto.
18. CONTRACT MANAGEMENT
All contact information for the management of this Agreement shall be identified herein and may be
updated by either Party for their agency only and shall be submitted in writing or electronic mail to the
other Party. Any update to the Contract Managers shall state the effective date of said update.
Contract Manager for City of Auburn King County
Contact Name Jacob.Sweeting Malva Slachowitz _
Title City Engineer Senior Transportation Planner
Address 25 West Main Street 201 South Jackson Street, KSC-TR-
Auburn,WA 98001 0411,Seattle,WA 98104
Telephone 253-804-31,18 206-477-5873
Email jsweeting@au.burnwa.gov malva.slachowitz@kingcounty.gov
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DocuSign Envelope ID:FF574944-4248-4CEF-977D-8CC67486EB3C
Resolution 5657 ExhibitA
19. ASSIGNMENT
Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior
written consent of the other Party.
20. EXECUTION OF AGREEMENT—COUNTERPARTS
This Agreement may be executed in two(2)counterparts, either of which shall be regarded for all
purposes as an original.
IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized
representatives on the dates-shown below their respective'signatures.
KING COUNTY CITY OF AUBURN
DocuSigned by:
On behalf of r—D0 SIOned by.
B kb- � Terry white B A� h
y' FSQ�fh4PCD... y `—AnLttltlaa rsxLu...
Terry White, General.Manager Nancy Backus, Mayor
King County Metro Transit Department City of Auburn
Interim Capital Division Director
4/25/2022 4/14/2022
Date: Date:
Attest:
r—DocuSIgned by.
Sl.tan,
Sriawn FLampbell,City Clerk
Approved as to form:
DocuSipned by:
Li eal sc(tt,
2778 02FD 417...
Kendra omeau,City Attorney
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DocuSign Envelope ID:FF574944-4248-4CEF-977D-8CC67486EB3C
Resolution 5657 Exhibit A
EXHIBIT A
SCOPE OF WORK
SAFE ROUTES TO TRANSIT PROGRAM CAPITAL IMPROVEMENT AGREEMENT
1. Purpose
a. To design and construct pedestrian safety and access improvements as described in
Section 3 for access to public.transit services.
2. Scope of Services
a. Project Management:The City will manage the project using professionals:with capital
project experience. Budget and schedule will be monitored regularly throughoutdesign and
construction.The City will provide the County with progress reports at least quarterly,per
Subsection 2.4 of this Agreement.
b. Design:The City will be responsible for completing design and developiirig the bid
documents. The project will be permitted as a capital project with the.City as the lead
agency for SEPA.The City has determined that this project is categorically exempt from SEPA
per Washington Administrative Code(WAC)197-11-800(2)d vi,vii,.and ix.
c. The City shall submit design plans for the Project improvements to the County for its review
and written approval prior to initiating construction, per Subsection 2.5 of this Agreement.
The County will provide any review comments within 7 calendar days:
d. Construction:The City will construct the project through a negotiated change order with a
contractor currently constructing a City capital project,and utilize:City forces,and issue a
non-formally bidcontract and monitor construction through completion.
e. Inspection: Existing City staff or a consultant project manager will provide construction
inspection services,with third party support:for specific specialties if needed.
f. Monitoring and Reporting:The.City will submit quarterly progress reports during design and
construction.The City and Metro will share relevant available data to monitor usage of the
projects after completion and annually for four years following completion. •
3. Projects to be completed
Location (intersection or Improvements Phase(s)to be expensed
corridor with extents) under this agreement in
2022
Auburn Avenue and 2nd Rapid.Rectangular Flashing ,Design and:Construction
Street NE Beacon (RRFB)System
including conduits, poles,
foundations,beacons,
signage, push buttons
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DocuSign Envelope ID:FF574944-4248-4CEF-977D-8CC67486EB3C
Resolution 5657 Exhibit A
4. Schedule
Project milestones below represent work to be completed under this Agreement.
The project milestones are estimated as follows:
Milestone Month/Year
Begin construction Phase 1:(install conduits, 4/2022
foundations,junction.boxes)
Begin construction Phase 2 (install and 7/2022
activate RRFB System)
Complete construction 12/2022
Estimated opening for public use 1/2023
5. Budget
Phase King County Funds City-secured Funds Project Total
Design $0 $5000 $5000
Construction(RRFB $51,215 $0 $51,215
System Complete).
Est Total $51,215 $5,000 $56,125
Contingency Up to$3,785 n/a Up to$3,785
Total $55,000(cap from King $5000 Up to$60,000
County)
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