HomeMy WebLinkAboutB & B Builders and Supply-4/12/2010FORM OF CONTRACT
CONTRACT FOR THE CONSTRUCTION OF
F.Y. 2010 SIDEWALK REPAIR PROGRAM — ZONE 10
AND
TRAIL REPAIRS
CITY OF WATERLOO, IOWA
CONTRACT NO. 779
This contract made and entered into this day of - L , 20 O , by and
between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to
as City), and B & B BUILDERS AND SUPPLY , of Waterloo, Iowa, (hereinafter
referred to as Contractor), WITNESSETH:
PAR. 1
PAR. 2
PAR. 3
Contractor agrees to build and construct the F.Y. 2010 SIDEWALK
REPAIR PROGRAM — ZONE 10 AND TRAIL REPAIR, CONTRACT NO.
779, and furnish all necessary tools, equipment, materials= and labor
necessary to do all the work called for in the plans and specifications in a
workmanshiplike manner and for the prices set forth in Contractor's
proposal, which was accepted by the City, and which is understood and
agreed to be a part of this contract.
It is understood and agreed that the resolution adopted by the City Council
ordering the construction of the improvement, the Notice to Contractors as
published, the Instruction to Bidders, the Form of Proposal, the
Construction and Maintenance Bonds, the Council Proceedings relating to
this matter, and the Plans and Specifications shall all be considered as
forming a part of the contract the same as though they were each set out
in said contract.
The Contractor agrees to furnish at its own cost and expense, all
necessary materials and labor for said work and to construct said
improvements in a thorough, substantial, and workmanlike manner, and in
strict accordance with the requirements of this contract, and of the plans
and specifications made a part hereof by reference, and to the satisfaction
and approval of the City and its engineer.
FORM OF CONTRACT PAGE 1 OF 5 PAGES
PAR. 4
PAR. 5
PAR. 6
PAR. 7
PAR. 8
PAR. 9
The Contractor agrees to perform said work and install said improvements
on the terms set out in bid or proposal to the City which has been
accepted by the City and which is by reference made a part of this
contract.
The Contractor agrees to commence said work within ten (10) working
days after receipt of "Notice to Proceed" and all items shall be completed
on or before July 30, 2010, unless an extension of time is granted in
writing by the Council of the City. All construction and cleanup in and
around Lincoln Park shall be complete by May 14, 2010.
Should the Contractor fail to complete said improvements in strict
accordance with the terms and conditions of this contract, or the plans and
specifications therefor promptly by the date herein specified, the City may
pay such additional sums as it may be required to pay by reason of the
failure of said contractor and deduct any and all such sums from any
amount then due the Contractor.
The Contractor agrees to comply with and obey all ordinances of the City
of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping
open passage ways for water, traffic, and protecting any excavations in
any street or alley, and maintaining proper and sufficient barricades with
lights and signals during all hours of darkness, to see that the backfilling is
properly done, and agrees to keep the City whole and defend any and all
suits that may be brought against the City by reason of any injuries that
may be sustained by any person or property allegedly caused by the
Contractor, or his agents, while work is done pursuant to this agreement.
The Contractor agrees that in the event a law suit is brought against the
City for damages allegedly sustained by reason of any act, omission or
negligence of the Contractor or its agents, or on account of any injuries
allegedly sustained by reason of any obstruction, hole, depression or
barrier placed or dug by the defendant or its agents, in the doing of the
work herein contracted for, that it will defend said suit and save the City
harmless therein, and in case judgment is rendered against the City, the
Contractor agrees to pay the same promptly. The Contractor agrees to
carry public liability insurance in a solvent company in a sufficient amount
to protect the City and those who use the streets of the City.
The City shall have the right to appoint one or more construction reviewers
who shall review the progress of the work in detail; also, to make any test
or any material to be used in such work. No material shall be used in any
work until the same has first been approved by the construction reviewer.
Such construction reviewer shall have full authority to pass judgment upon
all materials and upon the manner of doing the work, and their judgment
FORM OF CONTRACT PAGE 2 OF 5 PAGES
PAR. 10
PAR. 11
PAR. 12
on rejecting any materials, substance, or manner of work shall be final
unless it is revoked or modified by the City Engineer.
Any material, which has been rejected by the construction reviewer, shall
be at once removed from the line of work and shall not be again taken
thereon or placed with the material proposed to be used without the
written consent of the City Engineer.
The Contractor shall maintain no cause of action against the City on
account of delays and prosecution of work, but if said work is delayed by
the City, the Contractor shall have such extra time for completion of the
job as was lost by reason of the delay caused by the City.
The Contractor agrees to pay punctually all just claims of labor, material,
men, or subcontractors who shall perform labor or furnish materials
entering into this improvement. It is agreed that the City need not pay the
Contractor until all such claims are paid by the Contractor. It is agreed
that the City shall not be liable for said labor, material, or men under this
contract.
PAR. 13 The Contractor agrees to furnish the City, simultaneously with this
contract, a bond on a form to be provided by the City in the amount
provided by law as stated in the Notice to Bidders, which shall be for the
benefit of the City, and any and all persons injured by the breach of any of
the terms of this contract. Said bond shall be filed with the City Clerk and
shall be subject to the approval of the City Council, and is by reference
made a part of this contract.
PAR. 14
PAR. 15
The Contractor agrees that should it abandon work under this contract or
cease the prosecution thereof for a period of thirty (30) consecutive days
without reasonable cause, and should it fail to proceed with said work
within ten (10) days after a notice to continue or carry it on has been
mailed to it at the address given herein by the City, or after such notice
has been served on it, then the City may proceed to complete said work,
using any material, tools, or machinery found along said line of work,
doing the work either by contract or as it may elect, and the Contractor
and the sureties on its bond shall be liable to the City for the costs and
expenses so paid out. Said costs shall be retained by the City from any
compensation due, or to become due the Contractor, and may be
recovered by the City in an action upon Contractor's bond.
In consideration of the full compliance on the part of the Contractor with all
the provisions, stipulations, and conditions hereof, or contained in the
various instruments made a part of this contract by reference, and upon
completion and acceptance of said work, the City agrees to pay to the
Contractor, in the manner set out in the Notice to Contractors, the amount
FORM OF CONTRACT PAGE 3 OF 5 PAGES
PAR. 16
PAR. 17
PAR. 18
PAR. 19
PAR. 20
PAR. 21
of money due the Contractor for work performed and accepted, at the unit
prices set out in the Contractor's proposal, which has been accepted by
the City.
The total amount of the contract, based on the Engineer's estimates of
quantities and the Contractor's unit bid prices, and for which 100% surety
bond is required is $111,415.90.
After the completion of said work, the Contractor agrees to remove all
debris and clean up said streets, and to save the City harmless from any
damage allegedly resulting from a failure to clean up and remove the
debris or put the street back in a proper condition for travel.
This contract is not divisible, but in the event of a conflict between this
contract and the various instruments incorporated by reference, this
contract shall govern.
Before the Contractor shall be entitled to receive final payment for work
done under this contract, it shall execute and file a bond in the penal sum
of not Tess than 100% of the total amount of the contract, same to be
known as "Maintenance Bond," and which bond must be approved by the
City Council, and which bond is in addition to the bond given by the
Contractor to guarantee the completion of the work.
The Contractor shall maintain all work done hereunder in good order for
the period of two (2) years from and after the date it is accepted by the
Council of the City of Waterloo, Iowa. Said maintenance shall be made
without expense to the City or the abutting property. In the event of the
failure or default of the Contractor to remedy any or all defects appearing
in said work within a period of two (2) years from the date of its
acceptance by said Council, and after having been given ten (10) days
notice so to do by registered letter deposited in the United States Post
Office in said town, addressed to said contractor at the address herein
given, then the City may proceed to remedy such defects. The costs and
expenses thereof to be recovered from the Contractor and the sureties on
its maintenance bond by an action brought in any court of competent
jurisdiction.
The Contractor shall give notice to said City by registered letter directed to
the Mayor or City Clerk/Auditor thereof not more than four (4) and not Tess
than three (3) months prior to the expiration of the term during which the
Contractor is required to maintain said improvements, in good repair by
the terms of its Contract. The liability of the Contractor and of the sureties
on its bond for maintenance of the said improvements shall continue until
three (3) months after such notice has been given to the City, and, in any
event, until two (2) years after the acceptance of the work.
FORM OF CONTRACT PAGE 4 OF 5 PAGES
CITY OF WATERLOO, IOWA
Mayor
CiClerk
B & B Builders and Supply
Contractor
BY: ,/24A.1,����
Title: Owner
Approved b the City Council of the City of Waterloo, Iowa, this 1X6-
day of it- , 20 \o
ATTEST:
, City Clerk
Waterloo, Iowa
FORM OF CONTRACT PAGE 5 OF 5 PAGES
Bond No. IAC97714
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, B & B Builders & Supply , of Waterloo, Iowa
(hereinafter called the Principal), and Merchants Bonding Company (Mutual)
of Des Moines, Iowa (hereinafter
called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter
called the Obligee), in the penal sum One Hundred Eleven Thousand Five Hundred Fifteen &Agars
0-111,415.90—i, lawful money of the United States, to payment of which sum, well
and truly to be made, the Principal here firmly binds himself/themselves, his/their
heirs, executors, and administrators, and the said Surety binds himself, his
successors, assigns, executors, and administrators, Jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION Is such that,
WHEREAS the above bounden Principal did, on the 12th day of
April , 2010, enter into a written contract with the City
of Waterloo, Iowa, for the construction of F.Y. 2010 Sidewalk Repair Program -Zone 10 and Trail Repairs Contract No. 779
a copy of which contract, together with all of its terms, covenants, conditions, and
stipulations, Is incorporated herein and made a part hereof as full and completely as
if said contract were recited at length herein; and
WHEREAS, the Principal and Surety on this bond hereby agree to pay to all
persons, firms or corporations having contracts directly with the Principal or with
subcontractors, all just claims due them for labor performed or materials fumished in
the performance of the contract on account of which bond is given when the same
are not satisfied out of the portion of the contract price which the public corporation
is required to retain until completion of the public improvement, but the Principal and
Surety shall not be liable to said persons, firms, or corporation unless the claims of
said claimants against said portion of the contract price shall have been established
as provided by law.
Now, if the Principal shall in all respects fulfill his said contract according to
the terms and tenor thereof, and shall satisfy all claims and demands incurred for
the same, and shall fully indemnify and save harmless the Obligee from all costs
and damages which it may suffer by reason of failure to do so, and shall fully
reimburse and repay the Obligee all outlays and expenses which it may incur in
making good any such default, then the obligation is to be void and of no effect,
otherwise to remain in full force and effect.
FORM OF BOND PAGE 1 OF 2 PAGES
Every Surety on this bond shall be deemed and held, any contract to the
contrary notwithstanding, to consent notice:
1. To any extension of time to the contract in Which to perform the
contract
2. To any change in the plans. specifications, or contract when such
change does not involve an increase of more than twenty percent
(20%) of the total contract price, and shaft then be released only as to
such excess increase,
3. That no provision of this bond or of any other .contract shall be valid
which limits to less than one (1) year from the time of the acceptance
of the work the right to sue on this bond for defect In workmanship or
material not discovered or known to the Obligee at the time such work
was accepted.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
12th day of April 20 10.
B & B Builders & Supply
Principal
4i
By: 7 L owwG r:
Merchants Bonding Compan (Mutual)
Sure
Attomey-in-Fact l ione R. Young
& Iowa Resident Agent
FORM OF BOND
PAGE 2 OF 2 PAGES
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
B & B Builders & Supply
5728 Sierra Drive, Waterloo, Iowa 50701
(Name of Contractor)
(Address of Contractor)
a Individual , hereinafter called Principal,
(Corporation, Partnership or Individual)
and Merchants Bonding Company (Mutual)
(Name of Surety)
2100 Fleur Drive, Des Moines, Iowa 50321
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Waterloo, Iowa
(Name of Qwncr)
(Address or Owner)
hereinafter Galled OWNER, in the penal sum of One Hundred Eleven ThousaribllarS, $(111,415.90
Four Hundred Fifteen & 90/100
in lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such thatwhereas, the Principal entered into a
certain contract with the OWNER, dated the 12th day o£ April
2010, a copy of which is hereto attached and made a part hereof for the construction of:
F.Y. 2010 Sidewalk Repair Program - Zone 10 and Trail Repairs, Contract No. 779
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms,
SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the
prosecution of the WORK provided for in such contract, and any authorized extension or
modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and
coke, repairs on machinery, equipment and tools, consumed or used in connection with the
construction of such WORK, and all insurance premiums on said WORK, and for all labor,
performed in such WORK whether by SUBCONTRACTOR. or otherwise, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value receivcd'hereby stipulates and agrees
that no change, extension of time, alteration or addidort to the teams of the contract or to the
WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in
any wise affect its obligation on this BOND, and it does hereby waive notice of any such change.
extension of time, alteration or addition to the terms of the contract or to the WORK or to the
SPECIFICATIONS.
PROVIDED. FURTHER, thatno final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder. whose claim may be unsatisfied.
IN WITNESS HEREOF, this instrument is executed in six (6) counterparts, each one of
=mbarwhich shall be deemed an original, this the .12th ()
day of April
201,
ATTEST:
(SF41')
SUL-
Witness
u to Prix
(P3
( etc
604 Locust Street, Suite 800
Warren)
Des Moines, Iowa 50309-3713
B & B Builders & Supply
Principal
By a1,
5728 Sierra Drive
Waterloo, Iowa 50701
vv L ��
y
Di. a R. Young Attorney + -Pact] I• a Resident agent
2100 Fleur Drive
tBondin • Com • an (Mutual)
s
(Address) -
Des Moines, Iowa 50321
NOTE: Date of BOND must not bo prior to date of Comract.
If CONTRACTOR is Partnership, all partnere should execute BOND.
MERCHANTS
BONDING COMPANY
POWER OF ATTORNEY
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
Dione R. Young, Barry A. McGee, John W. Ahrold, John R. Fay, Jennifer Stark,
Kariene Kentner, Matt Fay
of Des Moines and State of Iowa its true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
FIVE MILLION ($5,000,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By -
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto affixed, this 3rd day ofSeptember, 2009.
.••-••.
•
�o?OAPOq 'O9'
111--: _ -0-
•94E
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:. 1933 • c •
•
7 c►. By
•. r .•
STATE OF IOWA
COUNTY OF POLK ss.
MERCHANTS BONDING COMPANY (MUTUAL)
President
On this 3rd day of September, 2009 , before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the
Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf
of said Corporation by authority of its Board of Directors.
In Testimony Whereof, l have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written.
+�. CINDY SMYTH
Commission Number 173504
My Commission Expires
March 16, 2012
STATE OF IOWA
COUNTY OF POLK ss.
Notary Public, Polk County, Iowa
I, Wiliam Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 12th day of April , 2010 ,
POA 0001 (1/09)
Secretary
rro1Ti.4e,IUlel vlunclu raxILJ.reirceo ray rCOSenoerg
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Wale:WO/GUTu UJ:LO rM rage:c OT J
Ct?Rso CERTIFICATE OF LIABILITY INSURANCE OP ID .71
B&BBU-1
DATE(MPoItDD/YY1'Y)
04/08/10
PRODUCER
AHROLD FAY ROSENBERG, INC.
604 Locust St., Ste. 800
Des Moines IA 50309-3713
Phone:515-309-6200 Fax:515-309-6225
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERSAFFORDINGCOVERAGE
NAIC#
INSURED
B & B Builders & Supply
5728 Sierra Drive
Waterloo IA 50701
I
INSURER A Bituminous Enauaanee companies
TYPE OF INSURANCE
..INSURER B:....................................._...................__......................................................._
........_._........................ .
INSURER C:
LIABILITY
COMMERCIAL GENERAL LIABILITY
INSURER D.
•
01/01/10
INSURER E:
EACH OCCURRENCE
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN
BEEN ISSUED TO THE INSURED NAMED ABOVE
OR OTHER DOCUMENT WITH RESPECT
DESCRIBED HEREIN IS SUBJECT
REDUCED BY PAID CLAIMS.
POLICY NUMBER
FOR THE POLICY
TO WHICH THIS
TO ALL THE TERMS, EXCLUSIONS
POLILYEFFECTIVE
DATE (MMIDD/YYYY)
PERIOD INDICATED. NOTWITHSTANDING
CERTIFICATE MAY BE ISSUED
AND CONDITIONS
POLICY EXPIRATION—
DATE (MM/DD/YYYY)
OR
OF SUCH
LIMITS
1 u
LTR
;UU L
NSRD
TYPE OF INSURANCE
A
X
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
CLP3259847
•
01/01/10
01/01/11
EACH OCCURRENCE
$ 1,000,000
X
PREMISES(Ea ccrence)
$ 100,000
CLAIMS MADE X OCCUR
MED EXP (Any one person)
$ 5,000
X
Contractual Liab.
PERSONAL &ADV INJURY
$ 1,000,000
XCU Included
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2,000,000
POLICY I� I JECT n LOC
Emp Ben.
2,000,000
A
AUTOMOBILE
LIABLITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
CAP3526819
01/01/10
01/01/11
(EaacINEDSINGLELIMIT
CO accident}
$ 1 000 000
r r
X
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per aoddent)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABILITY
.ANY AUTO
AUTO ONLY - EA ACCIDENT
$
EA ACC
OTi1ER THAN
$
'
AUTO ONLY- AGG
$
A
EXCESS /UMBRELLA LIABILITY
CUP2584862
01/01/10
01/01/11
EACH OCCURRENCE
$ 2,000,000
" 1OCCUR aAtMSMADE
AGGREGATE
$
DEDUCTIBLE
RETENTION $ 10,000
$
$
X
$
A
WORKERS'COMPENSATION •WLSIAIU-
AND EMPLOYERS' LIABILITYY / N
AA �ROPR � R/EMBER � CUTIVE ❑
OFF(Mandatory )n NH)
If yes, describe under
SPECIAL PROVISIONS below
WC3526820
01/01/10
01/01/11
U{t+
TORY LIMITS ER
Et. EACHACCIDENr
$ 500000
E.L. DISEASE - EA EMPLOYEE
$ 500000
E.L. DISEASE -POLICY LIMIT
$ 500000
A
OTHER
CONTRACTORS
EQUIPMENT COVERAGE
CLP3259847
01/01/10
01/01/11
LIMIT $777,311
DED $1,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL. PROVISIONS '
Project: F.Y. 2010 Sidewalk Repair Program - Zone 10 & Trail Repairs -
Contract No. 779 City of Waterloo, Iowa. Certificate holder is named as
additional insured.
CERTIFICATE HOLDER
CANCELLATION
WATER -1
City of Waterloo
Engineering Dept.
715 Mulberry 0
Waterloo IAA5077 03
I
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
REPRESENTATIVES.
A � ��
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