HomeMy WebLinkAboutContract 26211 CITY SECRETARY,
CONTRACT NO. �I
CITY OF FORT WORTH
CONTRACT FOR CONSTRUCTION
This CONSTRUCTION CONTRACT ("Contract") is made between, Fort Worth
Housing Finance Corporation ("Owner") and A.L.S. Cor�st�uction
("Contractor"), on this 15 Day of September , 2000 for the purpose of constructing ONE
single family dwelling (s) on a lot(s) provided by the "Owner" within the Corporate
limits of Fort Worth, TX("Work").
*The lot site address is:. 2602 Clinton Avenue
*Its legal description is: Block 38 Lot 23 M.G. Ellis Addition
*Attach an Addendum for multiple units constructed.
The "Owner' Representative" (as defined below) shall compensate the Contractor a total
sum of $ 67 , 000 Dollars and no/100.
Payment shall be made in accordance with Article 9 of this Contract. Plan # 1237
The date of Commencement shall be September 29, 2000; with a Completion date not to
exceed 120 Days ("Contract Time").
Owner and Contractor hereby agree to the following:
TERMS AND CONDITIONS
Article 1
GENERAL PROVISIONS
1.1 TERMS USED IN THE CONTRACT
1.1(a). This Contract, the Infill Program and Specifications for Construction of Single
Family Homes as a requirement of participating in the City of Fort Worth Infill Housing
Program represent the entire and integrated agreement between the parties and are
together referred to as "Contract Documents".
1.1(b). The term "Work" shall mean the construction and services required including all
labor, materials, equipment and services provided by the Contractor to fulfill the
Contractor's" obligations and responsibilities under the Contract Documents.
1.1(c ). The term Owner's Representative shall mean: the City of Fort Worth Housing
Department who provides administration of the Contract as described in the Contract
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Documents. The Owner's Representative will have the authority to act on behalf of the
Owner only to the extent provided in the Contract Documents.
1.1(d). This Contract may be amended or modified ONLY by a mutually agreed written
modification or in the form of a Change Order. A Change Order shall be a written order
to the Contractor signed by the "Owner" or Owner's Representative to change the Work,
Contract Sum or Contract Time. A change order is a part of this Contract and the
Contract Documents.
1.1(e). The exhibits and addendum attached together with the change orders are a part of
this contract and binding on all parties. Those items include but are not limited to,
Change Orders, Contractor's Application and Certificate for Payment, Contractor's
Affidavit of Payment of Debts and Claims, and the Certificate of Substantial Completion,
Drawings, and other Specifications.
Article 2
RESPONSIBILITIES OF THE OWNER
2.1 INFORMATION AND SERVICES
2.1(a). If requested by the Contractor, the Owner shall furnish and pay for a survey and a
legal description of the site.
2.1(b). Except for permits and fees, which are the responsibility of the Contractor under
the Contract Documents, the Owner shall obtain and pay for necessary approvals,
easements, assessments and charges.
2.2 OWNER'S RIGHT TO STOP WORK
If the Contractor fails to comply with the Contract terms, the Owner or the Owner's
Representative may direct the Contractor in writing to stop the Work until the correction
is made.
2.3 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within fourteen days (14) from the date of written notice
from the Owner or Owner's Representative to cure such default, the Owner or Owner's
Representative may, without prejudice to other remedies, cure such defaults. In such
case, a Change Order shall be issued deducting the cost of correction from payments due
Contractor. If the default is not reasonably susceptible to cure by Contractor within the
fourteen (14) day period, Owner will not exercise the option to terminate this agreement
so long as the Contractor has commenced to cure the default within the fourteen (14) day
period and diligently complete the work within a reasonable time.
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2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION/AWARD SEPARATE CONTRACTS
2.4(a). The Owner reserves the right to perform construction or operations related to the
project with the Owner's own forces, and to award separate contracts in connection with
other portions of the project.
2.4(b). The Owner shall require the Contractor to coordinate and cooperate with separate
contractors employed by the Owner.
2.4(c ). The Owner shall require that costs by delays or by improperly timed activities or
defective construction be borne by the party responsible therefor.
2.5 If a defect occurs and if the Contractor does not cure the defect timely according to
the contract provisions the Owner may enter into a separate contract with a third party to
cure their defect. The contractor then shall timely reimburse the Owner for the cost of
contracting with the third party and the cost to cure the defect.
Article 3
RESONSIBILITIES OF THE CONTRACTOR
3.1 EXECUTION OF THE CONTRACT
Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be
performed and correlated personal observations with requirements of the Contract
Documents.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY THE CONTRACTOR
The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner. Before commencing activities, the
Contractor shall (1) take field measurements and verify field conditions; (2) carefully
compare this and other information known to the Contractor with the Contract
Documents; and (3) promptly report errors, inconsistencies or omissions discovered to
the Owner's Representative.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3(a). The "Contractor shall supervise and direct the Work, using "Contractor's" best
skill and attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures, and for coordinating
all portions of the Work.
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3.Nb). The Contractor, as soon as practicable after award of the Contract, shall furnish in
writing to the Owner through the Owner's Representative the names of subcontractors or
suppliers for each portion of the Work. The Owner's Representative will promptly reply
to the Contractor in writing if the "Owner" or the Owner's Architect, after due
investigation, has reasonable objection to the subcontractors or suppliers listed.
3.3(c). The Contractor will comply with Minority/Woman Business Enterprise (M/WBE)
requirements as outlined in the "Specifications for Construction of Single Family
Homes". The Owner has a minimum goal of 40% of the dollar volume of the contract for
MWBE participation.
3.4 LABOR AND MATERIALS
Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and
services necessary for proper execution and completion of the Work. The Contractor
shall deliver, handle, store, and install materials in accordance with manufacturer's
instructions.
3.5 WARRANTY
The Contractor warrants to the Owner and Owner's Representative that: (1) materials and
equipment furnished under the Contract will be new and of good quality unless otherwise
required or permitted by the Contract Documents; (2) the Work will be free from defects
not inherent in the quality required or permitted; (3) the Work will conform to the
requirements of the Contract Documents and the Contractor shall provide a ten year
warranty.
3.6 TAXES
The Contractor shall pay sales, consumer, use and similar taxes that are legally required
when the Contract is executed.
3.7 INSURANCE
During the term of this contract and any extension there of, contractor shall maintain an
insurance policy with the following coverage:
3.7 (a) Commercial General Liability Insurance of a minimum of $1,000,000.00 per
occurrence.
3.7 (b) Business Auto Liability Insurance of a minimum of$1,000,000.00 each accident.
3.7 (c) Statutory Workers' Compensation Insurance including employer's liability.
3.7 (d) Builder's Risk Insurance to cover the property in the course of the project (against
fire, hail, theft, etc. of materials and incomplete construction).
3.7 (e) In addition, the City of Fort Worth shall be endorsed as an additional insured on
all insurance policies.
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3.8 PERMITS, FEES AND NOTICES
3.8(a). The Contractor shall obtain and pay for the building permit and other permits and
government fees, licenses and inspections necessary for proper execution and completion
of the Work.
3.8(b). The Contractor shall comply with the notices required by agencies having
jurisdiction over the Work. If the Contractor performs work knowing it to be contrary to
laws, statutes, ordinances, building codes, and rules and regulations without notice to the
Architect, Owner's Representative and Owner, the Contractor shall assume full
responsibility for such Work and shall bear the attributable costs. The Contractor shall
promptly notify the Architect/Owner's Representative in writing of any known
inconsistencies in the Contract Documents with such governmental laws, rules and
regulations.
3.9 USE OF SITE
The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits, the Contract Documents and the Owner.
3.10 SUBMITTALS
The Contractor shall promptly review, approve in writing and submit to the Owner's
Representative Shop Drawings, Product Data, Samples, and similar submittals required
by the Contract Documents. Shop Drawings, Product Data, Samples and similar
submittals are not a part of the Contract Documents.
3.11 CUTTING AND PATCHING
The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly.
3.12 CLEANING UP
The Contractor shall keep the premises and surrounding area free from accumulation of
debris and trash related to the Work.
3.13 INDEMNIFICATION
Contractor covenants and agrees to and does hereby indemnify, hold harmless and
defend, at its own expense, Owner's Representative, its officers, agents, servants and
employees, from and against any and all claims or suits for property loss or damage
and/or personal injury, including death, to any and all persons, of whatsoever kind or
character, whether real or asserted, arising out of or in connection with, directly or
indirectly, the work and services to be performed hereunder by Contractor, its officers,
agents, employees, subcontractors, licensees or invitees, whether or not caused, in
whole or in part, by the alleged negligence of the officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees of the Owner's
Representative; and said Contractor does hereby covenant and agree to assume all
liability and responsibility of Owner's Representative, its officers, agents, servants and
employees for any and all claims or suits for property loss or damage and/or personal
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injury, including death, to any and all persons, of whatsoever kind or character, whether
real or asserted, arising out of or in connection with, directly or indirectly, the work and
services to be performed hereunder by Contractor, its officers, agents, employees,
subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the
alleged negligence of the officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees of the Owner's Representative. Contractor
likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner's
Representative from and against any and all injuries, damage, loss or destruction to
property of Owner's Representative during the performance of any of the terms and
conditions of this Contract, whether arising out of or in connection with or resulting
from, in whole or in part, any and all alleged acts or omissions officers, agents,
servants, employees, contractors, subcontractors, licensees, invitees of Owner's
Representative.
Article 4
OWNER'S REPRESENTATIVE RESPONSIBILITIES
4.1 The Owner's Representative will visit the site at intervals appropriate to the stage of
construction to become generally familiar with the progress and quality of the Work.
4.2 The Owner's Representative will not have control over or be in charge of or be
responsible for construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility. The Owner's Representative will not be responsible for the
Contractor's failure to carry out the Work in accordance with the Contract Documents.
4.3 The Owner's Representative will have the authority to reject Work that does not
conform to the Contract Documents.
4.4 The Owner's Representative's duties, responsibilities and limits of authority as
describes in the Contract Documents will not be changed without written consent of the
Owner.
4.5 Based on the Owner's Representative's observations and evaluations of the
Contractor's Application for Payment, the Owner's Representative will review and
certify the amounts due the Contractor.
4.6 The Owner's Representative will promptly review and approve or take appropriate
actions upon Contractor's submittals such as Shop Drawings, Product Data and Samples,
but only for the limited purpose of checking for conformance with information given and
the design concept expressed in the Contract Documents.
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4.7 The Owner's Representative will promptly interpret and decide matters concerning
performance under any requirements of the Contract Documents on written request of
either the Owner or Contractor.
4.8 The Owner's Representative require additional testing if necessary or minor change
order as provided in Section 6.3.
4.9 The Owner's Representative shall terminate the contract upon written approval by
Owner.
4.10 Interpretations and decisions of the Owner's Representative will be consistent with
the intent of and reasonably inferable from the Contract Documents and will be in writing
or in the form of drawings. When making such interpretations and decisions, the
Owner's Representative will endeavor to secure faithful performance by both Owner and
Contractor, will not show partiality to either and will not be liable for results of
interpretations or decisions so rendered in good faith.
Article 5
TESTING AND INSPECTIONS
5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities
having jurisdiction shall be made at an appropriate time. If the Owner's Representative
requires additional testing, the Contractor shall perform these tests.
5.2 The Owner shall pay for additional tests except for testing Work found to be
defective for which the Contractor shall pay.
Article 6
CHANGES IN THE WORK
6.1 After execution of the Contract, changes in the Work may be accomplished by
Change Order or by order for a minor change in the Work. The Owner, without
invalidating the Contract, may order changes in the Work within general scope of the
Contract consisting of additions, deletions or other revisions, the Contract Sum and
Contract Time being adjusted accordingly.
6.2 The Owner's Representative will have the authority to order minor changes in the
Work not involving changes in the Contract Sum or the Contract Time and inconsistent
with the intent of the Contract Documents. Such changes shall be written orders and
shall be binding on the Owner and Contractor. The Contractor shall carry out such
written orders promptly.
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6.3 If concealed or unknown physical conditions are encountered at the site that differ
materially from those indicated in the Contract Documents or from those conditions
ordinarily found to exist, the Contract Sum and Contract Time shall be subject to
equitable adjustment.
Article 7
CORRECTION OF WORK
7.1 The Contractor shall promptly correct Work rejected by the Owner's Representative
because of failure to conform to the requirements of the Contract Documents. Such
failure constitutes a default and is subject to the provisions in Section 2.3. The
Contractor shall bear the cost of correcting such rejected Work.
7.2 In addition to the Contractor's other obligations including warranties under the
Contract, the Contractor shall, for a period of one year after Substantial Completion,
correct work not conforming to the requirements of the Contract Documents.
7.3 If the Contractor fails to cure the default in accordance with Section 2.3,Owner may
cure it and the Contractor shall reimburse the Owner for the cost of correction.
Article 8
TIME
8.1 Time limits stated in the Contract Documents are of the essence of the Contract.
8.2 If the work is delayed at any time by change orders, labor disputes, fire, unusual
delay in deliveries, unavoidable casualties or other causes beyond the Contractor's
control, the Contract Time shall be extended by Change Order for such reasonable time
as the Owner's Representative may determine.
Article 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
The Contract Sum stated in the Contract, including authorized adjustments, is the total
amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents. A 10% retainage will be required for all projects exceeding
$4000.00.
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Article 15
VENUE
15.1 The parties hereto hereby consent that venue of any action brought under this
Contract shall be in Tarrant County, Texas.
Article 16
SEVERABILITY
16.1 If one or more of the provisions of this Contract is held invalid, unenforceable or
illegal in any respect, the remainder of the Contract shall remain valid and in full force
and effect.
IN WITNESS WHEREOF, the parties hereto hav executed this Contract in Fort Worth,
Tarrant County, Texas, this�day c A.D. 20 M
Owner _ Contractor
Name e
By:
Acknowledged by:
'A,�,��7,^•�� �l �r Jam/���i
For City of Fort Worth Housing Department
as Owner's Representative
APPROVED AS TO FORM AN EGALITY
Assistant City Attorn
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ATTESTED BY Contract Authorization
Date
9 12 -b. 01,2000
ADDENDUM #1
A minimum of five(5) inspections are required:
(1)FIRST REQUIRED INSPECTION
Foundation- No concrete shall be placed without the steel, poly, plumbing and beams inspection. After
inspection is completed and the slab is poured the contractor will receive the first draw in the amount of
18%of the contract price.
(2)SECOND REQUIRED INSPECTION
Framing- After the house has been framed, decked, cornice installed, roofing and siding is completed. The
contractor will receive the second draw in the amount of 18%of the contract price.
(3)THIRD REQUIRED INSPECTION
An inspection is required after the installation of the drywall, windows, electrical rough-in, plumbing top-
out, hvac rough-in and the wall insulation is completed. Contractor will receive the third draw in the
amount of 18%of the contract price.
(4)FOURTH REQUIRED INSPECTION
An inspection is required after the brick, tape/ bed/ texture, trim-out, interior and exterior paint, floor
coverings, cabinets and counter tops and the plumbing trim out is completed. The contractor will receive
the fourth draw in the amount of 18%of the contract price.
(5) FIFTH REQUIRED INSPECTION
Final inspection- All finish work completed. Drive and approach, grading, electrical, hvac, attic insulation
and the Building card has been completely signed off as being complete. The contractor will receive the
fifth draw in the amount of 18%of the contract price.
RETAINAGE
The 10% Retainage will be released after completion of the punch list and installation of the appliances.
Contractor shall give Owner's representative a three-(3)day notice to schedule the required inspections.
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ADDENDUM #2
Add to Article 9 Paragraph 9.3 Progress payment.
9.3 (e) CONSTRUCTION DRAWS
Progress payment shall coincide with the four(5) required inspections.
ADDENDUM #3
PROPERTY: TO BE DETERMINED BEFORE CONSTRUCTION
Fort Worth, Texas
The following items are to be included in the contract for construction:
Site prep and dirt work
Driveway
Curb cut
Approach
Water and sewer lines from tap to house
2-10 Home Buyers Warranty
Cost includes termite certificate
18 Cubic Refrigerator/Icemaker
Five ceiling fans
Land 4
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14 Feb. 03,2000
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986) AS AMENDED, BY THE ADDITION OF SECTION 7-50
ENTITLED "ACCESSIBILITY STANDARD FOR CERTAIN CITY
ASSISTED HOUSING CONSTRUCTION PROGRAMS" REQUIRING
CERTIN BUILDING STANDARDS IN CITY ASSISTED HOUSING
PROGRAMS TO PROVIDE BASIC ACCESS TO PERSONS WITH
DISABILITIES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF OTHER ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, persons with disabilities and their immediate families are often isolated
in their own homes because the homes of most of their acquaintances contain
insurmountable barriers, and often experience difficulty in finding a suitable house to rent
or buy; and
WHEREAS, certain features in housing construction make new houses more
accessible and livable for persons with disabilities and thus enhance the quality of life for
these persons.
WHEREAS, the City of Fort Worth is committed to provide accessibility to persons
with disabilities through its housing programs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
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SECTION 1.
This ordinance is to require certain standards in the construction of new single-family
dwellings, duplexes and triplexes that are constructed with city assistance as defined in
SECTION 2, to make houses more accessible for persons with disabilities.
SECTION 2.
The following requirements shall be applicable to the construction of new single-
family dwellings, duplexes and triplexes ("Applicable Dwelling Units"), with city
assistance. For purposes of this ordinance, "city assistance" shall mean funds for the
construction of Applicable Dwelling Units in any city-funded program, with the funding
source of CDBG, HOME or any other federal, state or local housing programs.
SECTION 3.
The following design requirements shall apply:
Requirement 1. Building Entrances.
Applicable Dwelling Units must provide at least one building entrance on
an accessible route served by a no-step entrance or a ramp in compliance
with the CABO/ANSI-A117.1, Accessible and Usable Buildings and
Facilities Standard, as adopted by the Fort Worth Building Code
("Accessibility Standard") and having a maximum slope not to exceed one
in twelve (1:12); unless it is impractical to do so because of terrain or
unusual characteristics of the site as determined by a City of Fort Worth
building official ("City Building Official') upon review of the written
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request set forth in SECTION 4. The building entrance doors shall
comply with the Accessibility Standard and shall have a minimum clear
opening of 32 inches. The entrance may be at the front, side or back of a
dwelling as long as it is served by an accessible route such as a garage or
sidewalk.
Requirement 2. Interior doors.
All Applicable Dwelling Units, whether or not on an accessible route,
shall provide doors designed to allow sufficient width for the passage of
wheel chairs.
Except those serving closets less than 15 square feet in area, interior doors
within an Applicable Dwelling Unit must provide a minimum of 30" clear
opening. A 2' 8" door or standard 6' 0" sliding patio door assembly is
deemed sufficient to comply with this requirement, provided however,
compliance with requirements on Maneuvering Clearance at Doors in the
Accessibility Standard shall not be mandatory.
Requirement 3. Accessible routes into and through the Applicable Dwelling Unit.
An Applicable Dwelling Unit must provide an accessible route through the
hallways and passageways of the first floor of the unit. Further, the
accessible route must provide a minimum width of 36", except through
doors, and be level with ramped or beveled changes at door thresholds.
Requirement 4. Wall reinforcement in bathroom.
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Reinforcement in the walls shall be provided at designated locations as
specified by the Accessibility Standard, so that grab bars may be installed,
if needed, at a later date without the necessity of removing portions of the
existing wall.
Requirement 5. Light switches, electrical outlets, thermostats and other
environmental controls.
All Applicable Dwelling Units shall be designed and constructed to
contain light switches, electrical outlets, thermostats and other controls in
compliance with the requirements of the Accessibility Standard. Where
multiple controls serve the same elements (e.g., two remote switches for a
light) only one must be accessible.
SECTION 4.
SECTION 3 Requirement I (Building Entrances) may be waived by the City Building
Official when in his/her opinion, due to grade or site conditions ("Conditions"), access by
ramp is unattainable.
A person requesting said waiver shall file a written request ("Request") with the City
Building Official at the City of Fort Worth Development Department and include all
documents necessary to prove the existence of the Conditions. The Request shall
demonstrate that the Conditions on the site render it impossible to comply with the
requirements for exterior accessibility in this ordinance.
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Within 10 calendar days from the receipt of a completed Request, the City Building
Official shall render a written decision. A copy of the decision shall be filed in the
official records of the Development Department. Appeals to the City Building Off'icial's
decision shall be made to the Construction and Fire Prevention Board in accordance with
Section 7-47 of the City Code
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 6.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7.
This ordinance shall take effect and be in full force and effect from and after the date of
its passage, and it is so ordained.
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