95-21664 RESO
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RESOLUTION NO. 95-21664
A RESOLUTION OF THE, MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING A CHANGE ORDER TO THE
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND KIMLEY-HORN & ASSOCIATES, INC., AND
APPROPRIATING FUNDS FOR CONSTRUCTION
ADMINISTRATION SERVICES REQUIRED FOR THE
NORTH SHORE COMMUNITY IMPROVEMENTS
PROJECT.
WHEREAS, on December 5, 1990, the Mayor and City Commission approved
Resolution No. 90-20184, authorizing the Mayor and City Clerk to execute a Professional
Services Agreement between the City of Miami Beach and Kimley-Horn & Associates, Inc., for
for Preliminary Design, Pinal Design, Bidding Award, and Construction Engineering and
Inspection Services required for the North Shore Streetscape Project Improvements; and
WHEREAS, On July 12, 1995, the City Commission authorized the award of Bid
No. 78-94/95, Proposed Improvements within the North Shore Community Improvements District
I and appropriated funds in the amount of $15, 156,564; and
WHEREAS, The Administration has reviewed and modified the scope of work
under Task Group "P" of the existing contract and the revised scope of work is attached as Exhibit
"A"; and
WHEREAS, The cost associated with the Construction Administration of this
project is not to exceed $1,000,000, based on the fee schedule attached to the revised scope of
work.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commissioners authorize a Change Order to the Agreement between the City of Miami Beach
and Kimley-Horn & Associates, Inc., and to appropriate funds in an amount not to exceed
$1,000,000 for Construction Engineering and Inspection Services required for the North Shore
Community Improvements Project.
ATTEST:
Mayor
PASSED AND ADOPTED
26th day of
, 1995.
City Clerk
FORM APPROVED
Lepl DIpt.
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By
Date
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Task Group F -
Construction Phase ScoDe of Services
The fee for "Task Group F" will be based on the attached Schedule "B" -
Consultant's Hourly Rates of Compensation and not to exceed a budgeted amount of
$1,000,000.
Task F-1
General Administration of Construction Contract
Consult with and advise the City, and act as the City's representative. All of the
City's instructions to the contractor will be issued through the consultant, who will have
authority to act on behalf the City.
Task F-2
Visits to Site and Observation of Construction
In connection with observations of the work of the contractor while it is in progress,
the consultant shall:
o Make visits to the site at intervals appropriate to the various stages of
construction as the consultant deems necessary in order to observe as an
experienced and qualified design professional the progress and quality of
the various aspects of the contractor's work, In addition, the consultant shall
provide the services of a Resident Project Representative (and assistants as
agreed) at the site to assist the consultant and to provide more continuous
observation of such work, Based on information obtained during such visits
and on such observations, the consultant shall endeavor to determine if such
work is proceeding in accordance with the Contract Documents and the
consultant shall keep the City informed of the progress of the work.
o The Resident Project Representative (and any assistants) will be the
consultant's agent or employee and under the consultant's supervision, The
duties and responsibilities of the Resident Project Representative (and
assistants) are set forth in Exhibit D "Duties, Responsibilities and Limitation
of Authority of Resident Project Representative."
o The purpose of the consultant's visits to and representation by the Resident
Project Representative (and assistants, if any) at the site will be to enable
the consultant to better carry out the duties and responsibilities assigned to
and undertaken by the consultant during Construction Phase, and in
addition, by exercise of the consultant's efforts as an experienced and
qualified design professional, to provide for the City a greater degree of
confidence that the completed work of the contractor will conform to the
Contract Documents and that the integrity of the design concept as reflected
in the Contract Documents has been implemented and preserved by the
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contractor, The consultant shall not, during such visits or as a result of such
observations of the contractor's work in progress, supervise, direct or have
control over the contractor's work nor shall the consultant have authority
over or responsibility for the means, methods, techniques, sequences or
procedures of construction selected by the contractor, for safety precautions
and programs incident to the work of the contractor or for any failure of the
contractor to comply with laws, rules, regulations, ordinances, codes or
orders applicable to the contractor's furnishing and performing their work,
Accordingly, the consultant can neither guarantee the performance of the
construction contracts by the contractors nor assume responsibility for the
contractor's failure to furnish and perform their work in accordance with the
Contract Documents.
Task F.3 Defective Work During such visits and on the basis of such observations,
the consultant may disapprove or reject the contractor's work while it is in progress if the
consultant believes that such work will not produce a completed project that conforms to
the Contract Documents or that it will prejudice the integrity of the design concept of the
project as reflected in the Contract Documents.
Task F-4 Interoretations and Clarifications The consultant shall issue necessary
interpretations and clarifications of the Contract Documents and in connection therewith
prepare work directive changes and change orders as required.
Task F.5 Shoo Drawinas The Consultant shall review (or take other appropriate
action in respect of) Shop Drawings, samples and other data which the contractor is
required to submit, but only for conformance with the design concept of the project and
compliance with the information given in the Contact Documents, Such reviews and
approvals or other action shall not extend to means, methods, techniques, sequences or
procedures of construction or to safety precautions and programs incident thereto,
Task F.6 Substitutes The consultant shall evaluate and determine the acceptability
of substitute materials and equipment proposed by the contractor, but subject to Additional
Services in making revisions to the Drawings and Specifications occasioned by the
acceptance of substitutions proposed by the contractor, and Additional Services after the
award of each contract in evaluating and determining the acceptability of an unreasonable
or excessive number of substitutions proposed by the contractor,
Task F.7 Insoections and Tests The consultant shall have authority as the City's
representative, to require special inspection or testing of the work, and shall review all
certificates of inspections, testings and approvals required by laws, rules, regulations,
ordinances, codes, orders or the Contract Documents (to determine that their content
complies with the requirements of, and the results certified indicate compliance with, the
Contract Documents),
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Task Fo8 Disoutes Between Citv and Contractor The Consultant shall act as
initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the work thereunder and make decisions on all claims of the City and
contractor relating to the acceptability of the work or the interpretation of the requirements
of the Contract Documents pertaining to the execution and progress of the work. The
consultant shall not be liable for the results of any such interpretations or decisions
rendered in good faith, except if it is determined it is an error or omission by the consultant
Task Fog Aoolications for Pavment Based on the consultant's on-site observations
as an experienced and qualified design professional, on information provided by the
Resident Project Representative and on review of applications for payment and the
accompanying data and schedules:
. The consultant shall determine the amounts owing to the contractor and
recommend in writing payments to the contractor in such amounts, Such
recommendations of payment will constitute a representation to the City, based on
such observations and review, that the work has progressed to the point indicated,
and that, to the best of the consultant's knowledge, information and belief, the
quality of such work is in accordance with the Contract Documents (subject to an
evaluation of such work as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called for in the Contract
Documents and to any other qualifications stated in the recommendation), In the
case of unit price work, the consultant's recommendations of payment will include
final determinations of quantities and classifications of such work (subject to any
subsequent adjustments allowed by the Contract Documents).
By recommending any payment the consultant will not thereby be deemed to have
represented the exhaustive, continuous or detailed reviews or examinations have
been made by the consultant to check the quality or quantity of the contractor's
work as it is furnished and performed beyond the responsibilities specifically
assigned to the consultant in this Agreement and the Contract Documents, The
consultant's review of the contractor's work for the purposes of recommending
payments will not impose on the consultant responsibility to supervise, direct or
control such work or for the means, methods, techniques, sequences, or
procedures of construction or safety precautions or programs incident thereto or the
contractor's compliance with laws, rules, regulations, ordinances, codes or orders
applicable to their furnishing and performing the work, It will also not impose
responsibility on the consultant to make any examination to ascertain how or for
what purposes any contractor has used the monies paid on account of the contract
price, or to determine that title to any of the work, materials or equipment has
passed to the City free, and clear of any lien, claims, security interests or
encumbrances, or that there may not be other matters at issue between the City
and the contractor that might affect the amount that should be paid,
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Task F-10 Contractor's Comoletion Documents The consultant shall receive and
review maintenance and operating instructions, schedules, guarantees, bonds and
certificates of inspection, tests and approvals which are to be assembled by the contractor
in accordance with the Contract Documents, Such review will only determine that the
content complies with the requirements of, and in the case of certificates of inspection,
tests, approvals and certified results, indicate compliance with the Contract Documents,
The consultant shall transmit them to the City with written comments,
Task F-11 Insoections The consultant shall conduct an inspection to determine if the
work is substantially complete and a final inspection to determine if the completed work
is acceptable so that the consultant may recommend, in writing, final payment to the
contractor and may give written notice to the City and the contractor that the work is
acceptable (subject to any conditions therein expressed), but any such recommendation
and notice will be subject to the limitations expressed in paragraph F-9, Item 2, The City
shall be responsible for inspection services related to water main construction,
Task F-12 Limitation of Resoonsibilities The consultant shall not be responsible for
the acts or omissions of any contractor, or of any subcontractor or supplier, or any of the
contractor's, subcontractor's or supplier's agents or employees or any other persons
(except the consultants own employees and agents) at the site or otherwise furnishing or
performing any of the contractor's work; however, nothing contained in this Agreement
shall be construed to release the consultant from liability for failure to properly perform
duties and responsibilities assumed by the consultant in the Contract Documents,
OWNERS RESPONSIBILITIES
a) Furnish Record Drawings
b) Provide a copy of existing data and documents and reports
c) Financial consulting services
d) Legal Services
FOOT RESPONSIBILITIES
a) Furnish survey and aerial topographic data
b) Provide accident and traffic volume date
Task F-13 Public Coordination The consultant shall assist the City with public
coordination relative to the construction of the project. It is anticipated that the public
which will be included in this coordination task will consist of the North Beach
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Development Corporation, businesses within the project area, patrons of the businesses,
and residents, Information anticipated to be provided to the public consists of the
following:
A Construction schedule
8, Road closures
C. Construction details
D, Construction sequencing
In addition to the above noted items, the consultant will provide a set of plans and
specifications in the consultant's on-site office for review by the public. Due to the
sensitive nature of this project, the consultant will contact the City Manager's office
regarding issues deemed to be controversial by the Resident Project Representative,
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EXHIBIT "B"
NORTH SHORE COMMUNITY AREA IMPROVEMENTS
PROJECT PERSONNEL
Principal in Charge
Project Manager
Urban Designer
Joseph M, Fletcher
Paul Cherry
David Risinger
FIELD PERSONNEL
Full Time Resident Project Representative
R Gowens
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EXlllBIT "D"
A LISTING OF THE DUTIES, RESPONSmILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE
This is an Exhibit attached to, made a part of and incorporated by reference with the Agreement made
on December 5, 1990, between the City of Miami Beach (OWNER) and Kimley-Hom & Associates,
Inc, (ENGINEER) providing for professional engineering services.
ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field
staff to assist ENGINEER in observing performance of the work of Contractor,
Through more extensive on-site observations of the work in progress and field checks of
materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further
protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the
furnishing of such services will not make ENGINEER responsible for or give ENGINEER control
over construction means, methods, techniques, sequences or procedures or for safety precautions or
programs or responsibility for CON1RACTOR's failure to perform the Work in accordance with the
Contract Documents and in particular the specific limitations set forth in paragraph 1. 6 of the
Agreement are applicable,
The duties and responsibilities of the RPR are limited to those of ENGINEER in
ENGINEER's agreement with the OWNER and in the construction Contract Documents, and are
further limited and described as follows:
A. General
RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of
ENGINEER, and will confer with ENGINEER regarding RPR's actions, RPR's dealings in matters
pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping
OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the
full knowledge and approval of CONTRACTOR RPR shall generally communicate with OWNER
with the knowledge of and under the direction of ENGINEER
B. Duties and Responsibilities of RPR
1, Schedules: Review the progress schedule, schedule of Shop Drawing submittals and
schedule of values prepared by CONTRACTOR and consult with ENGINEER
concerning acceptability,
2, Conferences and Meetings: Attend meetings with CONTRACTOR, such as
preconstruction conferences, progress meetings, job conferences and other project-
related meetings, and prepare and circulate copies of minutes thereof.
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3, Liaison:
a, Serve as ENGINEER's liaison with CONTRACTOR, working principally
through CONTRACTOR's superintendent and assist in understanding the
intent of the Contract Documents; and assist ENGINEER in serving as
OWNER's liaison with CONTRACTOR when CONTRACTOR's operations
affect OWNER's on-site operations,
b, Assist in obtaining from OWNER additional details or information, when
required for proper execution of the Work.
4, Shop Drawings and Samples:
a, Record date of receipt of Shop Drawings and samples,
b, Receive samples which are furnished at the site by CONTRACTOR, and
notifY ENGINEER of availability of samples for examination,
c, Advise ENGINEER and CONTRACTOR of the commencement of any Work
requiring a Shop Drawing or sample if the submittal has not been approved
by ENGINEER
5, Review of Work, Rejection of Defective Work, Inspections and Tests:
a, Conduct on-site observations of the Work in progress to assist ENGINEER
in determining if the Work is in general proceeding in accordance with the
Contract Documents,
b, Report to ENGINEER whenever RPR believes that any Work is
unsatisfactory, faulty or defective or does not conform to the Contract
Documents, or has been damaged, or does not meet the requirements of any
inspection, test or approval required to be made; and advise ENGINEER of
Work that RPR believes should be corrected or rejected or should be
uncovered for observation, or requires special testing, inspection or approval.
c, VerifY that tests, equipment and systems startups and operating and
maintenance training are conducted in the presence of appropriate personnel,
and that CONTRACTOR maintains adequate records thereof; and observe,
record and report to ENGINEER appropriate details relative to the test
procedures and startups,
d, Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of these inspections and report
to ENGINEER
6, Interpretation of Contract Documents: Report to ENGINEER when clarifications and
interpretations of the Contract Documents are needed and transmit to
CONTRACTOR clarifications and interpretations as issued by ENGINEER
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7, Modifications: Consider and evaluate CONTRACTOR's suggestions for
modifications in Drawings or Specifications and report with RPR1s recommendations
to ENGINEER Transmit to CONTRACTOR decisions as issued by ENGINEER
8, Records:
a, Maintain at the job site orderly files for correspondence, reports of job
conferences, Shop Drawings and samples, reproductions of original Contract
Documents including all Work Directive Changes, Addenda, Change Orders,
Field Orders, additional Drawings issued subsequent to the execution of the
Contract, ENGINEER's clarifications and interpretations of the Contract
Documents, progress reports, and other Project related documents,
b, Keep a diary or log book, recording CONTRACTOR hours on the job site,
weather conditions, data relative to questions of Work Directive Changes,
Change Orders or changed conditions, list of job site visitors, daily activities,
decisions, observations in general, and specific observations in more detail
as in the case of observing test procedures; and send copies to ENGINEER
c, Record names, addresses and telephone numbers of all CONTRACTORS,
subcontractors and major suppliers of materials and equipment.
9, Reports:
a, Furnish ENGINEER periodic reports as required of progress of the Work and
ofCONlRACTOR's compliance with the progress schedule and schedule of
Shop Drawing and sample submittals,
b, Consult with ENGINEER in advance of scheduled major tests, inspections
or start of important phases of the Work.
c, Draft proposed Change Orders and Work Directive Changes, obtaining
backup material from CONTRACTOR and recommend to ENGINEER
Change Orders, Work Directive Changes, and Field Orders,
d, Report immediately to ENGINEER and OWNER upon the occurrence of any
accident,
10, Payment Requests: Review applications for payment with CONTRACTOR for
compliance with the established procedure for their submission and forward with
recommendations to ENGINEER, noting particularly the relationship of the payment
requested to the schedule of values, Work completed and materials and equipment
delivered at the site but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: During the course of the Work,
verifY that certificates, maintenance and operation manuals and other data required
to be assembled and furnished by CONTRACTOR are applicable to the i t ems
actually installed and in accordance with the Contract Documents, and have this
material delivered to ENGINEER for review and forwarding to OWNER prior to
final payment for the Work.
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12, Completion:
a, Before ENGINEER issues a Certificate of Substantial Completion, submit
to CONTRACTOR a list of observed items requiring completion or
correction.
b, Conduct final inspection in the company of ENGINEER, OWNER, and
CONTRACTOR and prepare a final list of items to be completed or
corrected,
c, Observe that all items on final list have been completed or corrected and
make recommendations to ENGINEER concerning acceptance,
C. Limitations of Authority
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Resident Project Representative:
Shall not authorize any deviation from the !Contract Documents or substitution of
materials or equipment, unless authorized br ENGINEER
Shall not exceed limitations ofENGINEERI~ authority as set forth in the Agreement
or the Contract Documents,
1.
2,
3,
Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors
or CONTRACTOR's superintendent.
4,
Shall not advise on, issue directions relative to or assume control over any aspect
of the means, methods, techniques, sequences or procedures of contruction unless
such advice or directions are specifically required by the Contract Documents,
5,
Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the Work.
6,
Shall not accept Shop Drawing or sample submittals from anyone other than the
CONTRACTOR
7,
Shall not authorize OWNER to occupy the Project in whole or in part,
8,
Shall not participate in specialized field or laboratory tests or inspections conducted
by others except as specifically authorized by ENGINEER
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SCHEDULE "B"
CONSULTANT'S HOURLY RATES OF COMPENSATION
CLASSIFICATION HOURLY RATE
Principal $135
Project Manager $120
Senior Professional $90
Professional $80
Designer $65
Draftsman $45
Clerical Support $45
Three-Man Survey Crew $125
Auto Cadd $25
The consultant shall be entitled to yearly escalation of rates on June 30 of each year,
not to exceed a maximum of 7% per year.
Commission Memorandum
Page 3
ANALYSIS
The contract documents include provisions for Construction Engineering and Inspection
of the North Shore Community Improvements Project The cost associated with the
Construction Administration of this project is not to exceed $1,000,000, based on the fee
schedule attached to the revised scope of work, The costs are to be distributed as follows:
City
Special Assessment
FOOT
$258,787
$291,376
$449,837
The Administration has reviewed and modified the existing scope of work under under
Task Group "F" and the revised scope of work is attached as Exhibit "A",
CONCLUSION
It is recommended that the City Commission authorize the City Manager to increase the
scope of work and appropriate $1,000,000 from the North Shore Bond Fund 363.
JGP\JL\VOA\ROR
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Commi....ion Memorandum
Page 2
On November 4, 1992, the City Commission adopted Resolution Number 92-20657 which
authorized the Final Design Phase at a cost of $700,000, Additional engineering services
were later authorized as follows:
Resolution No, 93-20691, Jan. 6, 1993
Commission Memo 321-93,Jun. 16, 1993
Resolution No, 93-20960, Nov, 17, 1993
Resolution No. 93-20959, Nov, 17, 1993
Resolution No. 93-20958, Nov, 17, 1993
Resolution No, 94-21194, Jun, 15, 1994
Resolution No, 94-21138, Apr. 20, 1994
Resolution No, 94-21136, Apr. 20, 1994
Resolution No. 94-21137, Apr. 20, 1994
Resolution No, 94-21194, Jun, 15, 1994
Resolution No, 94-21194, Jun. 15, 1994
Ocean Terrace Park Redesign -
Surveying. ($79,212)
Adds the following to the Final Design:
Stormwater Design; Streetscape
Modifications from 63rd Street to 65th
Street; Signal Modifications; Sanitary
Sewer Evaluations; and Television
Inspections of Sanitary Sewers.
($185,150)
Redesign of Ocean Terrace from 73rd
Street to 75th Street and State Permit
Acquisition.($ 26,000)
Incorporation of
Improvements into
project($26,900)
Design of Sanitary
Improvements,($83,900)
Pedestrian/Bikeway Corridor.($9,800)
(50% to be reimbursed by NBDC)
Design of Beach Portals at 65rd, 69th
and 71st Streets.($57,500)
Design of Improvements from 63rd S1. to
Indian Creek Dr. and from 75th S1. to
76th St($16,500)
Design of electrical circuits for
ornamental and special events
lighting,($4,500)
Traffic Capacity Analysis north of 75th
Stree1.($17,000)
Submittal Preparation for National
Pollution Discharge Elimination System
Permit (NPDES) acquisition,($24,100)
Water Main
Streets cape
Sewer
On July 12, 1995 the City Commission authorized the award of Bid No, 78-94/95,
Proposed Improvements within the North Shore Community Improvements District I and
appropriated funds in the amount of $15,156,564,
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA33139
CITY OF MIAMI BEACH
COMMISSIONMEMORA UMNO.~
TO:
Mayor Seymour Gelber an~
Members orthe City Commission
DATE:
July 26, 1995
FROM:
Jose Garcia-Pedrosa J1
City Manager '
A RESOLUTION o. MAY R AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FL RIDA, AUTHORIZING A CHANGE
ORDER TO THE AGREEME T BETWEEN THE CITY OF MIAMI
BEACH AND KIMLEY-HO & ASSOCIATES, INC., AND
APPROPRIATING FUNDS FOR ONSTRUCTION ADMINISTRATION
SERVICES REQUIRED FOR NORTH SHORE COMMUNITY
IMPROVEMENTS PROJECT.
SUBJECT:
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City C mmission authorize a Change Order to
the Agreement between the City of Miami Beach nd Kimley-Horn & Associates, Inc. and
appropriate funds for Construction Engineering nd Inspection Services required for the
North Shore Community Improvements Project.
BACKGROUND
On December 5, 1990, the City Commission ado ted Resolution Number 90-20184 which
authorized entering into a contract with Kiml y-Horn & Associates, Inc. to provide
engineering services for the North Shore Com unity Area Improvements. The contract
documents include provisions for Preliminary D sign, Final Design, Bidding Award, and
Construction Engineering and Inspection under t e Construction Phase of the North Shore
Streetscape Project Improvements. Under Re olution Number 90-20184, funding was
appropriated for the Preliminary Design Phase t a cost of $277,810,
AGENDA ITEM
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7-L1~q.5
DATE