08-26-2008 CLARION & ASSOCIATES AVON MUNICIPAL CODE UPDATE•
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To: Honorable Mayor and Town Council R E D
Thru: Lary Brooks, Town Manager
From: Eric Heidemann, Assis t Town Manager Community
Development
Date: August 26t", 2008
Re: Contract and Proposal for the Avon Municipal Code Update
Dated July, 2008
Summary:
Clarion and Associates, has submitted the attached proposal (Exhibit A) in response
to the Community Development's Request for Proposals (RFP) to amend Avon
• Municipal Code (AMC), with specific emphasis on Title 2, Administration and
Personnel; Title 16, Subdivisions; and, Title 17, Zoning. The current language in the
existing titles is outdated since the AMC was originally adopted in the late 1970s and
has not been substantially amended since its inception when the Town of Avon was
incorporated as a municipality in 1978.
Some of the areas of concern with the current language in the present iteration of the
AMC are related to the cumbersome structure of the titles and the inherent
fragmentation of the subdivision process from the zoning regulations since they are
separate titles instead of falling into one comprehensive and cohesive Land Use
Regulations title. Although references were added attempting to link the subject
sections of the code, it remains difficult to navigate through all the pertinent language
and the current sequence is counterintuitive to the layperson trying to understand the
overall development review process and its multilayered requirements.
The initial scope of work will be to diagnose our existing Subdivision and Zoning
regulations in order to understand the substantive and procedural limitations of the
Town of Avon's current set land use regulations. Based on the findings identified in
the diagnostic analysis, prepare a redraft to our land use regulations with a more
organized and Unified Land Use Code. In general, our goal is to:
(1) Update and refine existing regulations to handle the more sophisticated
and complex development environment Avon is now experiencing;
•
(2) Eliminate antiquated language and inconsistencies in both the
Subdivisions and Zoning titles of the AMC; and, 0
(3) Streamline the processes enumerated in these titles to make these
regulations more practical and easy to grasp for different users.
Two proposals were received and were rated by both Community Development and
Engineering using an objective, numerical ranking matrix. Staff concluded that
Clarion and Associate's proposal best matched the Town's expectations of relevant
experience, and budgetary constraints.
The proposed fee for these services is not to exceed $180,000.00, plus reimbursable
expenses.
Following a formal review of the proposal by Council, Staff is recommending approval
of the contract on the Unified Land Use Code prepared by Clarion and Associates.
Financial Implications:
The proposed fee is within the current CIP project 2008/2009 budget of $250,000 for
the Unified Land Use Code.
Recommendation: •
Approve the Clarion and Associates Proposal dated July, 2008, in an amount not to
exceed $180,000.00 plus reimbursable expenses.
Alternatives:
Table action on the subject Proposal.
Proposed Motion:
" I move to approve the Clarion and Associates Proposal dated July, 2008 in the
amount of $180,000.00 plus reimbursable expenses."
Town Manager uCorn ts:
Attachm s:
Exhibit A: Unified Land Use Code proposal prepared by Clarion and Associates and
associated Contract
•
AGREEMENT FOR PROFESSIONAL SERVICES
• THIS AGREEMENT, effective as of the day of 2008, by and between
the Town of Avon, Colorado (hereinafter referred to as the Client), and Clarion Associates of
Colorado, LLC, a Colorado Limited Liability Company doing business at 621 17th Street #2250,
Denver, Colorado 80293 (hereinafter referred to as the Contractor).
WHEREAS, the Client is undertaking certain activities necessary for the planning
execution of a project; and
WHEREAS, the Client desires to engage the Contractor to render certain professional
advice and assistance in connection with such undertakings of the Client:
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Scope of Services. The Contractor agrees to provide services to prepare a Unified
Development Ordinance for the Client. The services to be performed are described in
Exhibit A attached hereto and incorporated herein. The Client agrees to provide
supporting services to the Contractor as described in Exhibit A.
2. Time of Performance. The services of the Contractor are to commence on
September 1, 2008, and shall be undertaken and completed in such sequence as to
insure their expeditious completion. A detailed project schedule is incorporated as
• Exhibit B.
3. Method of Payment & Total Protect Amount. The Client shall compensate
Contractor for its services in accordance with the Project Budget set out in Exhibit A.
It is expressly understood and agreed that in no event will the total compensation and
reimbursement to be paid hereunder exceed the sum of $180,000.00 for all services
rendered. By mutual agreement, the Client and Consultant may reallocate the budget
among project tasks if the total budget amount remains unchanged.
4. General Terms and Conditions.
A. Termination of Agreement: The Client shall have the right to terminate this
Agreement, with or without cause, by giving written notice to the Contractor
of such termination and specifying the effective date thereof, which notice
shall be given at least 30 days before the effective date of such termination. In
such event all finished or unfinished documents, data, studies and reports
prepared by the Contractor pursuant to this Agreement shall become the
Client's property. Contractor shall be entitled to receive compensation in
accordance with the Agreement for any satisfactory work completed pursuant
to the terms of this Agreement prior to the date of termination. Not
withstanding the above, Contractor shall not be relieved of liability to the
Client for damages sustained by the Client by virtue of any breach of the
Agreement of the Contractor.
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B. Changes. The Client may, from time to time, request changes in the scope of
services of the contractor to be performed hereunder. Such changes, including
the increase or decrease in the amount of the Contractor's compensation,
which are mutually agreed upon between the Client and the Contractor, shall
be in writing and upon execution shall become part of the Agreement.
C. Assignability. Any assignment or attempted assignment of this Agreement by
Contractor without the prior written consent of the Client shall be void;
provided, however, that claims for money due or to become due Contractor
from the Client under this Agreement may be assigned to a bank, or other
financial institution, without such approval. Notice of any such assignment or
transfer shall be furnished to the Client.
D. Audit. The Client or any of its duly authorized representatives shall have
access to any books, documents, papers, and records of Contractor which are
pertinent to Contractor's performance under this Agreement, for the purposes
of snaking an audit, examination, or excerpts. The Contractor shall maintain
records for 3 years after contract ends.
E. Ownership of Documents. Drawings, specifications, guidelines and other
documents prepared by Contractor in connection with this Agreement shall be
the property of the Client. However, Contractor shall have the right to utilize
such documents in the course of its marketing, professional presentations, and
for other business purposes.
F. Assignment of Copyrights. Contractor assigns to Client the copyrights to all
work prepared, developed, or created pursuant to this agreement, including the
right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute
copies to the public; 4) perform the works publicly; and 5) to display the work
publicly. Contractor shall have right to use materials produced in the course
of this contract for marketing purposes and professional presentations,
articles, speeches and other business purposes.
G. Governing Law. This Agreement has been executed by the parties hereto on
the day and year first above written and shall be governed by the laws of the
State of Colorado. Contractor shall also comply with all applicable state and
federal laws and regulations and resolutions of the Client, and shall commit no
trespass on any public or private property in the performance of any of the
work embraced by this Agreement.
H. Subcontractors. Contractor shall have the right to utilize the firms listed as
subcontractors in Exhibit A to complete the approved scope of work. Other
subcontractors may be utilized if approved by the Client.
1. Notices. Any notice concerning the terms and conditions of this Agreement
from Contractor to the Client shall be in writing and delivered, either
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personally or by mail (postage prepaid), by telegram or facsimile transmission
• and shall be addressed as follows:
Eric Heidemann
Assistant Town Manager, Community Development
400 Benchmark Road
Avon, Colorado 81620
Facsimile number: (970) 949-5749
Notices to Contractor from Client shall be in writing and delivered, either
personally or by mail (postage prepaid), by telegram or facsimile transmission
and shall be addressed to:
Christopher J. Duerksen, Managing Director
Clarion Associates
621 17th Street, Suite 2250
Denver, CO 80293
Facsimile number: (303) 860-1809
Notices shall be deemed effective upon delivery in the event of personal
delivery, and after three (3) days when mailed, postage prepaid; if transmitted
by facsimile or telegram, upon verified receipt of the electronic transmission.
Either party may change its address in reference to notices by written
• notification to the other party.
5. Indemnification. Contractor shall indemnify and hold Client harmless from and
against and all claims, suits, or action made or asserted for any damage to person or
property occasioned by the negligent errors or omissions by Contractor in connection
with performance of Contractor's obligation under this Agreement.
6. Independent Contractor. Contractor is an independent contractor. Notwithstanding
any provision appearing in this Agreement, all personnel assigned by Contractor to
perform work under the terms of the Agreement shall be and remain at all times,
employees of the Contractor for all purposes. The Contractor, its agents and
employees, in the performance of this Agreement, shall act in an independent
capacity and not as officers or employees of Client.
7. Extent of Agreement. This Agreement represents the entire and integrated
agreement between the Client and the Contractor and supersedes all prior
negotiations, representations or agreement, either written or oral. This Agreement
may be amended only by written Agreement signed by both the Client and the
Contractor.
8. Mediation and Arbitration. Any disputes arising out of this Agreement shall be
subject to arbitration. As a pre-condition to the filing of any such arbitration, all
• claims, disputes, and other matters in question between the parties to this Agreement
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arising out of or relating to this Agreement concerning a breach thereof, shall first be
submitted to non-binding mediation prior to initiation of any arbitration unless the •
parties mutually agree otherwise. The cost of said mediation shall be split equally
between the parties. This Agreement to mediate shall be specifically enforceable
under the prevailing laws of the State of Colorado.
The parties agree that any disputes concerning the terms and conditions of this
Agreement that cannot be resolved after consultation and discussion between the
parties or by mediation shall be submitted and finally settled by arbitration. Any
arbitration shall be conducted by an arbitrator selected by and mutually agreeable to
both parties.
Mediation or arbitration conducted under this Agreement shall occur in Eagle County,
Colorado.
9. Severability. In the event that any provision of this Agreement shall be held to be
invalid or unenforceable, the remaining provisions of this agreement shall remain
valid and binding upon the parties hereto.
CLARION ASSOCIATES LLC
BY: BY:
Christopher J. Duerksen •
Title: Managing Director Title:
Date: Date:
ATTEST: (if a corporation)
Title:
•
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• Scope of Services
Exhibit A Scope of Services and Fee
A. Phase 1: Project Initiation and Analysis
■ Initial Review of Zoning Ordinance, Plans, and Other Background Documents
■ Initial Project Meetings
■ Public Participation Strategy
■ Interviews with Staff and Others/Staff Survey
1. Initial Review of Zoning Ordinance, Plans, and Other Background Documents
As a first step, Clarion will review in greater detail the following Town
documents:
■ Town Center West Investment Plan
■ Town Center East Center Plan
■ 2006 Comprehensive Plan
■ 1990 Transportation Plan
■ 1996 Transportation Plan Update
■ Village (at Avon) PUD
■ East Beaver Creek Blvd. Phase 1 Improvements
• ■ US 6 Corridor Feasibility Study
■ CDOT Traffic Growth Projections
Team members will analyze and compare the plan policies with the current
ordinance language, map, and regulatory structure to identify key issues
and opportunities in the ordinance update project. This will form the basis
for the initial meetings described below.
2. Initial Project Meetings
Clarion will meet with the project manager, staff, and other officials to
discuss overall project goals and to finalize the project work plan and
schedule. We will hold get-acquainted meetings with the elected and
appointed officials as recommended by town staff. Team members will also
tour the town with the planning staff to see first-hand how key substantive
issues are playing out in practice.
3. Public Participation Strategy
Also at the beginning of Phase 1, we will finalize and discuss a detailed
public participation process with staff that takes full advantage of the various
forums available to the town (e.g., the town's website, local gatherings and
• activities, town board and committee meetings) that we have found helpful
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in other code projects. As a starting point, this work program proposes
public involvement through regular meetings with a town-appointed Zoning
Advisory Committee (ZAC); regular reports to elected officials; and public
meetings at important milestones during the process.
In the majority of our zoning ordinance projects, we work with an advisory
committee to assist the project by providing input and feedback. This is our
preferred public participation approach for zoning ordinance projects.
Typically, the local jurisdiction would like the consultant to work with a
variety of interest groups, including the Planning Commission, City Council,
and development and neighborhood interest groups. The appointment of an
advisory committee made up of representatives from these various groups
is a good way to ensure a diversity of input while minimizing project costs.
The advisory committee, which should contain approximately 10 - 12
members, can serve as an initial sounding board, providing input throughout
the project. Another option would be to simply have the Planning
Commission serve as the committee for the project. Additional outreach,
through public meetings, workshops, and presentations, would supplement
any work with the advisory committee to the extent allowed by the project
budget.
4. Interviews with Staff and Others / Staff Survey
•
Following the document review and initial meetings, we will oversee an
intensive initial discussion of land development issues with town staff, the
ZAC, and elected and appointed officials. With staff's guidance, Clarion
also will interview key players in the development process (e.g., developers,
neighborhood group representatives) in small groups or one-on-one to get
their views on the same topics. These discussions and review will give us a
clear understanding of how the existing codes work (and don't work) in
practice, and key issues and practical problems that need to be addressed
by the new ordinance.
We will also develop a survey for circulation to key staff in other
departments (like Public Works) to assist in producing a methodical analysis
and record of strengths and weaknesses of the existing ordinance. We also
recommend forming an interdepartmental staff working group for regular
consultations on the project.
PHASE 1 SUMMARY
Consultant Responsibilities/Deliverables
• Preliminary review of ordinance, plans, and related documents
• Final scope of work, including detailed work plan and schedule is
• Draft survey to circulate to town departments
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• Facilitate initial ZAC meeting
• • Interviews with key staff, elected and appointed officials, members of development community, and others familiar
with the codes as identified by the town
Town Staff Responsibilities
• Send copies (hardcopy and electronic) of current land development regulations/plans to Clarion
• Provide plans and other relevant background materials to Clarion
• Prepare database of names and addresses for public participation
• Participate in interviews as appropriate
• Organize interviews, tour, and ZAC meetings
• Circulate survey to town departments
Schedule
Complete by October 15, 2008 (assuming September 1, 2008, project start date)
B. Phase 2: Diagnosis and Annotated Outline
■ Diagnosis and Annotated Outline - Staff Draft
■ Diagnosis and Annotated Outline - Public Draft
1. Diagnosis and Annotated Outline - Staff Draft
Based on information gathered during Phase 1, Clarion would prepare a
detailed analysis of the current Avon codes in order to refine the key issues
and themes to be addressed through the update. This analysis will focus on
the strengths and weaknesses of the current codes, including:
o Ways in which the current regulations are ineffective or frustrating to use;
o Areas of consistency and inconsistency between existing town policies,
the Avon Comprehensive Plan, and regulations;
o Ways to make the revised document more user-friendly;
o Ways to streamline the review process; and
o Necessary changes related to new statutory and/or case law.
With regard to both procedural and substantive issues, the Diagnosis will
present options and alternative techniques for addressing these issues
gleaned from our work in other jurisdictions and additional best practices
research.
Combined with the Diagnosis, Clarion will draft an Annotated Outline of
recommended revisions. The purpose of the Annotated Outline is to allow
staff, the ZAC, elected and appointed officials, and the public an opportunity
to review the overall structure of the proposed revisions before the actual
drafting begins. The Annotated Outline will set out the proposed structure of
the ordinance amendments in detail, providing commentary explaining the
purpose and scope of each new or amended provision.
• 2. Diagnosis/Annotated Outline - Public Draft
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After Clarion revises the staff draft, based on consolidated written •
comments from staff, we will prepare a draft for public release. We will then
convene meetings with the ZAC, and other bodies as may be appropriate, to
discuss the Diagnosis/Annotated Outline and receive comments. The
purpose of the meetings will be to overview and discuss the
Diagnosis/Annotated Outline and receive input on the procedural, structural,
and substantive issues that should be addressed in the revision effort.
These meetings will be designed to gain consensus on the general scope of
the issues to be addressed in the drafting of the new ordinance. This is a
key step toward ensuring that the remainder of the process proceeds
smoothly and effectively.
PHASE 2 SUMMARY
Consultant Responsibilities/Deliverables
• Staff draft of Diagnosis/Annotated Outline
• Public review draft of Diagnosis/Annotated Outline
• Facilitate one meeting with the ZAC; additional meetings during trip
Town Staff Responsibilities
• Review staff draft of Diagnosis and Annotated Outline and provide consolidated written comments
• Organize meetings of the ZAC and other entities/public (including notices)
Schedule
Completed by January 31, 2009 (assuming a September 1, 2008, project start date)
C. Phase 3: Draft New Unified Development Code
■ Staff Drafts
■ Discussion Drafts
■ Design Testing (Optional)
■ Public Draft
1. Staff Drafts
Based on the Diagnosis/Annotated Outline, Clarion will develop a new draft
unified development code that is user-friendly and includes the agreed-upon
substantive and procedural changes. The new ordinance will emphasize
the use of graphics, tables, and charts to explain zoning and land use
concepts. Areas that will benefit from illustrations will be noted, though
actual illustrations won't be produced until language is refined in a later
draft. The draft will include commentary where necessary to explain
changes from current practice and the rationale behind new provisions. The
preliminary draft will be intended for discussion and testing primarily among
staff, the ZAC, and Clarion.
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Because the new code will likely include a substantial amount of new
• information, we recommend dividing the drafting process into three
manageable installments: 1) procedures/administration; 2) zone districts
and uses; and 3) development standards. The exact composition and
schedule for the drafting can be determined in consultation with staff
following the completion of the Diagnosis/Annotated Outline.
Clarion will prepare a "staff draft" of each draft installment, which will be sent
first to the planning staff and Town Attorney for review and comment. Each
draft installment will be accompanied by a cover memorandum that
summarizes major new features in the drafts, significant changes from
current provisions, and explanations of the new material. Staff will
consolidate and reconcile its comments on each installment and present
them in written form to Clarion (this can be either an electronically or hand-
written redlined copy, or in memo form, or both).
2. Discussion Drafts
Based on staff comments, Clarion will produce a revised draft for distribution
to the ZAC and other key stakeholders. The discussion draft will be a
refinement of the preliminary drafts, but may include new alternative
approaches if the original selected approaches are determined to be
unsuccessful through testing and evaluation. We will hold meetings with the
. ZAC on each of the three sections of the discussion draft.
3. Design Testing (Optional)
The new code is expected to contain new content that could substantially
impact development and re-development in Avon, and will introduce tools
not currently in use in most areas of the town. As part of Phase 3, Clarion
recommends testing the standards to demonstrate how various proposed
development standards would actually be implemented in various
neighborhoods, corridors, commercial areas, and other parts of the town.
This would be done through the testing of proposed development standards
on model site plans - ideally, plans of actual projects being proposed by
local developers, or through projects recently approved by the town. The
testing of model site plans would enable town staff and the community to
better understand the practical implementation issues associated with
proposed standards.
•
consuming. Therefore, we have suggested this as an optional step that is
not included in the proposed budget. We would be happy to discuss the
details of this approach, including a range of costs, during the project
We support the inclusion of as much testing as possible; however, based on
past experience, we know that testing can be both expensive and time-
interview process.
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4. Public Draft
Based on comments received from staff, the ZAC, and other stakeholders, •
we will revise the discussion drafts to create a final, consolidated draft of the
new zoning ordinance (in Microsoft Word format) to be carried forward into
the adoption process. This draft would include final versions of all
illustrations. We would also prepare a final cover memorandum in a format
that allows for comparisons between the current and proposed ordinance,
summarizing all major changes.
PHASE 3 SUMMARY
Consultant Responsibilities/Deliverables
• Prepare preliminary drafts of the new unified ordinance (in three installments)
• Organize and facilitate testing of new standards (optional)
• Prepare discussion drafts of the new unified ordinance (in three installments)
• Prepare final draft of the new unified ordinance (one consolidated document)
Town Staff Responsibilities
• Organize meetings of ZAC, review bodies, and public (including notices)
• Review ordinance drafts and provide consolidated written comments
Schedule
Completed by December 31, 2009 (assuming a September 1, 2008 project start date)
D. Phase 4: Code Adoption
Clarion will provide support, in the form of materials or presentation assistance,
during the adoption process. Clarion members would be available for
attendance at public workshops and/or hearings on the new code before the
various review boards and Town Council. The proposed budget includes a set
figure for such attendance, and Clarion would be available to attend additional
meetings on a time and expenses basis.
PHASE 4 SUMMARY
Consultant Responsibilities/Deliverables
• Participation in public hearings and workshops
Schedule
To be determined by Town and Consultant
•
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•
•
•
Project Fee
Phase
Description
Fee
1
Project Initiation and Analysis
$25,000
2
Diagnosis and Annotated Outline
$36,500
3
Draft New Land Development Code
$103,500
4
Code Adoption
$15,000
Project Total
$180,000
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Exhibit B Schedule
Town of Avon
Unified Land Use Code
Phase 1: Project Initiation and
❑ Town
1. Initial Review of Documents -
A. Staff provides documents identified in scope !
B. Staff provides PUD documents and approvals
Meeting Types:
C. Staff organizes late September Project meetings
with groups identified in Table 1, below
A. Meeting with Project Team (2 hours)
'
D. Clarion prepares Town documents
1
and presentation to P&Z Comm
n
1
E. Clarion prepares survey for Town departments
B. Prep with Staff and 2-3 hours with ZAC
p
C
Presentation to Town Council
2. Initial Project Meeting with Staff
- - - I I
.
D
Half Day with Project Team
Clarion meeting to review and discuss documents and
rocesses ♦
' M
eti
D
.
p
.
ng
e
3. Review Public Particip ation. Strateg with Staff - "
-
-
-
-
4.
Interviews with ZAC, Elected/Appointed Officials, 13 As scheduled by Staff
Development Professionals, Neighborhood Organizations, following Task 2 and 3
Other groups as identified b Town meetin s
Phase 2: Dia oosis and Annotated Outline
1. Diagnosis/Outline Staff Draft 1 1
A. Clarion prepares Dia nosis/Outline for staff review.
B. Project Team Meeting to review draft Diagnosis/Outline
Meet
ing A,
~
C. Clarion revises draft Diagnosis/Outline per Project Team comments
j
E
2. DiagonsistOutline Public Draft
_
F
-
[
A. Clarion and Project Team present Diagnosis/Outline to Town officials
GI
-
Meeti
ngs B
and C
B. Staff provides notice of meetings
Phase 3: Draft New Land Development Code
1. Staff Drafts Module i
A. Module 1: Procedures/Administration - Clarion drafts standards
B. Project Team Meeting to review draft Module 1
Meeting A
2. Discussion Drafts Module 1
A. Clarion revises Module 1 per Project Team comments
B. Meeting with ZAC/Town Council to review Module 1
Meetin
s Band C
'0
3. Staff Drafts Module 2
A. Module 2: Zone Districts and Uses - Clarion drafts standards
B. Project Team Meeting to review draft Module 2
Meet
ing A
4. Discussion Drafts Module 2
-
A. Clarion revises Module 2 per Project Team comments
B. Meeting with ZAC/Town Council to review Module 2
Meetin
gs B
and C
5. Staff Drafts Module 3
A. Module 3: Develo ment Standards - Clarion drafts standards
E
B. Project Team Meeting to review draft Module 3
1
Meeting A
`
1
6. Discussion Drafts Module 3
A. Clarion revises Module 3 per Project Team comments
B. Meeting with ZAC1Town Council to review Module 3
1
Meetin
_
gs B and C
❑
1
7. Design Testing (Optional)
A. Project Team and Clarion identify test projects
Meeting Df
B. Clarion reviews test projects and reports back to ZACITown Council
Meeting
8. Public Draft
A. Clarion Prepares Public Review Draft of Complete Regulations
Adoption Support V Meeting C D❑
F- I
L
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