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PROJECT SPECIFICATIONS TITLE PAGE

New Apartments For:

Mission Village of Jacksonville Apartments A 48 Unit Apartment Complex;(2) 10-Unit Cottages, (2) 8-Unit Cottages & Clubhouse, (2) 6-Unit Cottages Frankston HighwayJacksonville, TX

April 10, 2015

SIGNATURES:

OWNER: PROJECT LENDER:

Mission Village of Jacksonville, LLC Dougherty Mortgage LLCLouie Lange Karen Dubrosky

ARCHITECT: BONDING COMPANY:

Bolender Designs, LLC Babcock Solutions, LLCPhilip Bolender Brad Babcock

GENERAL CONTRACTOR:

Commontex Construction, Inc. Brent Schumacher

HUD Project Number: To Be Determined

Lender Project Number: 113-3560

Architectural Project #2014.82

54 East First Street Fond du Lac, WI 54935 920.238.3343

MASTER SHEET INDEX

Page

Project Specifications Title Page 1 Master Sheet Index 2-4

Division 00 General Conditions Sheet Index 5 Section 00 43 43 Wage Rates 6-9 Section 00 70 00 General Conditions 10-33 Section 00 80 00 Supplementary Conditions 34

Supplementary Conditions of the Contract for Construction (HUD Form 92554M) 35-45 Performance Bond-Dual Obligee (HUD Form 92452M) 46-51 Construction Progress Schedule (HUD Form 5372) 52-53 Contractor’s Requisition (HUD Form 92448) 54-55 Permission to Occupy (HUD Form 92485) 56-57 Request for Construction Changes on Project Mortgages (HUD Form 92437) 58-59

Division 01 General Requirements

Section 01 25 00 Contract Modification Procedures 60-61 Section 01 31 00 Project Management and Coordination 62-68 Section 01 33 00 Submittal Procedures 69-75 Section 01 50 00 Temporary Facilities and Controls 76-83 Section 01 60 00 Product Requirements 84-89 Section 01 70 00 Execution Requirements 90-95 Section 01 77 00 Closeout Procedures 96-100 Section 01 78 10 Project Record Documents 101-103

Division 03 Concrete

Section 03 30 00 Cast-in-Place Concrete 104-110 Division 04 Masonry

Section 04 22 00 Concrete Unit Masonry 111-118 Section 04 70 00 Manufactured Masonry Veneer 119-123

Division 05 Metals Section 05 50 00 Metal Fabrications 124-127

Division 06 Wood, Plastics, and Composites Section 06 10 00 Rough Carpentry 128-134

Section 06 10 53 Miscellaneous Rough Carpentry 135-136 Section 06 16 00 Sheathing 139-141 Section 06 17 53 Shop Fabricated Wood Trusses 142-145

Section 06 40 23 Interior Architectural Woodwork 146-150 Division 07 Thermal and Moisture Protection Section 07 21 00 Thermal Insulation 151-153 Section 07 25 00 Weather Barriers 154-156 Section 07 26 00 Under-slab Vapor Barrier 157-158 Section 07 31 13 Fiberglass Shingles 159-161

Section 07 46 33 Vinyl Siding and Trim 162-163 Section 07 60 00 Flashing and Sheet Metal 164-166

Section 07 84 13 Penetration Firestopping 167-171 Section 07 92 00 Joint Sealants 172-177

Division 08 Openings

Section 08 11 13 Hollow Metal Doors and Frames 178-184 Section 08 11 70 Prefinished Steel Door Frames 185-188 Section 08 14 16 Wood Doors 189-191 Section 08 32 13 Hinged Fiberglass Framed Glass Doors 192-195 Section 08 36 13 Sectional Doors 196-200 Section 08 41 13 Aluminum Framed Entrances and Storefront 201-207 Section 08 53 13 Vinyl Windows 208-212 Section 08 71 00 Hardware 213-219 Section 08 80 00 Glazing 220-224

Division 09 Finishes

Section 09 29 00 Gypsum Board 225-230 Section 09 30 00 Tiling 231-237 Section 09 68 16 Sheet Carpeting 238-241 Section 09 91 13 Exterior Painting 242-244 Section 09 91 23 Interior Painting 245-252 Section 09 93 00 Staining and transparent Finishes 253-255 Section 09 98 60 Fiberglass Reinforced Plastic Panels 256-258

Division 10 Specialties Section 10 14 00 Signage 259-261 Section 10 28 00 Toilet, Bath and Laundry Accessories 262-265 Section 10 44 13 Fire Extinguisher Cabinets 266-268 Section 10 44 16 Fire Extinguishers 269-271 Section 10 55 00 Postal Specialties 272-275

Division 11 Equipment Section 11 31 00 Residential Appliances 276-278 Division 12 Furnishings Section 12 21 13.13 Metal Horizontal Blinds 279-281 Section 12 21 13.14 Wood Horizontal Blinds 282-284 Division 21 Fire Suppression Section 21 05 00 Common Work Results for Fire Protection Work 285-287 Section 21 05 53 Identification for Fire Suppression Piping & Equip. 288-289 Section 21 07 19 Fire Suppression Piping Insulation 290-292 Section 21 13 00 Fire Suppression Sprinklers 293-295 Division 22 Plumbing Section 22 07 19 Plumbing Piping Insulation 296-297 Section 22 10 05 Plumbing Piping 298-304 Section 22 10 06 Plumbing Piping Specialties 305-307 Section 22 40 00 Plumbing Fixtures 308-312

Division 23 Heating, Ventilating, and Air-Conditioning Section 23 05 53 Identification for HVAC Piping & Equip. 313 Section 23 05 93 Testing, Adjusting, and Balancing for HVAC 314-315 Section 23 07 13 Duct Insulation 316-318 Section 23 07 16 HVAC Equipment Insulation 319-320 Section 23 07 19 HVAC Piping Insulation 321-322 Section 23 23 00 Refrigerant Piping 323-324 Section 23 31 00 HVAC Ducts and Casings 325-328 Section 23 33 00 Air Duct Accessories 329-331 Section 23 34 16 Centrifugal HVAC Fans 332-333 Section 23 37 00 Air Outlets and Inlets 334-336 Section 23 81 27 Small Split-System Heating and Cooling 337-340 Division 26 Electrical Section 26 05 19 Low-Voltage Elec. Power Conductors and Cables 341-347 Section 26 05 26 Grounding and Bonding for Electrical Systems 348-350 Section 26 05 29 Hangers and Support for Electrical Systems 351-353 Section 26 05 34 Conduit 354-359 Section 26 05 37 Boxes 360-363 Section 26 05 53 Identification for Electrical Systems 364-367 Section 26 09 19 Enclosed Contactors 368-369 Section 26 09 23 Lighting Control Devises 370-373 Section 26 21 00 Low-Voltage Electrical Service Entrance 374-376 Section 26 24 16 Panelboards 377-381 Section 26 27 26 Wiring Devices 382-385 Section 26 28 13 Fuses 386-387 Section 26 28 17 Enclosed Circuit Breakers 388-390 Section 26 28 18 Enclosed Switches 391-393 Section 26 51 00 Interior Lighting 394-396 Section 26 56 00 Exterior Lighting 397-400 Division 31 Earthwork Section 31 31 16 Termite Control 401-403

Geotechnical Engineering Services Report dated November 25, 2014 404-442

General Decision Number: TX150137 01/02/2015 TX137

Superseded General Decision Number: TX20140137

State: Texas

Construction Type: Residential

Counties: Bosque, Camp, Cherokee, Erath, Fannin, Franklin, Hamilton, Harrison, Henderson, Hill, Hood, Hopkins, Lamar, Marion, Montague, Nacogdoches, Palo Pinto, Panola, Rains, Red River, Somervell, Titus, Van Zandt and Wood Counties in Texas.

RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories).

Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/02/2015

SUTX2009-147 04/22/2009

Rates Fringes

CARPENTER, Including Cabinet Installation.....................$ 10.86 0.00

CEMENT MASON/CONCRETE FINISHER...$ 10.67 0.00

ELECTRICIAN......................$ 15.99 0.00

FLOOR LAYER: Vinyl Flooring (Soft Floor).....................$ 10.00 0.00

LABORER: Common or General......$ 7.91 0.00

PAINTER: Brush and Roller........$ 9.33 0.00

PLUMBER..........................$ 20.00 0.00

ROOFER...........................$ 9.07 0.00 ----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Page 1 of 4

1/8/2015http://www.wdol.gov/wdol/scafiles/davisbacon/TX137.dvb?v=0

6

================================================================

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

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The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

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7

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

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WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

Page 3 of 4


8

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

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END OF GENERAL DECISION �

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9

SECTION 00 70 00 – GENERAL CONDITIONS The General Conditions for this project shall be AIA A201-2007 General Conditions for the Contract for Construction. See attached. END OF SECTION 00 70 00

10

The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER

© 1988-2014 ACORD CORPORATION. All rights reserved.ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE

LOCJECTPRO-

POLICY

GEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY

PREMISES (Ea occurrence) $DAMAGE TO RENTEDEACH OCCURRENCE $

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GENERAL AGGREGATE $

PRODUCTS - COMP/OP AGG $

$RETENTIONDED

CLAIMS-MADE

OCCUR

$

AGGREGATE $

EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

INSRLTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF(MM/DD/YYYY)

POLICY EXP(MM/DD/YYYY) LIMITS

PERSTATUTE

OTH-ER

E.L. EACH ACCIDENT

E.L. DISEASE - EA EMPLOYEE

E.L. DISEASE - POLICY LIMIT

$

$

$

ANY PROPRIETOR/PARTNER/EXECUTIVE

If yes, describe underDESCRIPTION OF OPERATIONS below

(Mandatory in NH)OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTOALL OWNED SCHEDULED

HIRED AUTOSNON-OWNED

AUTOS AUTOS

AUTOS

COMBINED SINGLE LIMIT

BODILY INJURY (Per person)

BODILY INJURY (Per accident)

PROPERTY DAMAGE $

$

$

$

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSDADDL

WVDSUBR

N / A

$

$

(Ea accident)

(Per accident)

OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED

PHONE(A/C, No, Ext):

PRODUCER

ADDRESS:E-MAIL

FAX(A/C, No):

CONTACTNAME:

NAIC #

INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

Each Claim

Fond du Lac , WI 54935

Bolender Designs, LLC

10 E. Doty Street, Suite 800

Madison, WI 53703

Claims Made

Professional Liability

54 East First Street

XL SPECIALTY INS CO

12/14/16

c/o Commonwealth Development Corporation

03/09/2015

DPS9718777

1-800-527-9049

43226884

43226884

A

De Pere, WI 54115

Mission Village of Monahans, LLC

992 Pennings Street

USA

37885

lbabcockwi

1,000,000

1,000,00012/14/14

Holmes Murphy & Assoc - WI

Aggregate

33

SECTION 00 80 00 SUPPLEMENTARY CONDITIONS Reference AIA Document A201-2007. THE FOLLOWING MODIFIES, DELETES FROM AND/OR ADDS TO THAT DOCUMENT:

Article 15 – delete any and all references to arbitration and mediation and AIA Form G704. ADD NEW 11.1.2.7 Contractors Insurance coverage shall be Contractors Broad Form with not less than the following values:

A. Workmen's Compensation: Statutory B. Public Liability

1. Personal Injury: $1,000,000/2,000,000 2. Property Damage: $1,000,000/2,000,000

C. Contingent Liability 1. Personal Injury: $1,000,000/2,000,000 2. Property Damage: $1,000,000

D. Automobile Liability 1. Personal Injury: $300,000/500,000 2. Property Damage: $300,000 each occurrence.

Additional supplementary conditions for this project shall be HUD Form 92554M, printed within this specification.

END OF SECTION 00 80 00

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Previous editions are obsolete;Replaces form HUD-92554

Construction Contract Supp HUD-92554M (06/14)

1

SUPPLEMENTARY CONDITIONSOF THE CONTRACT FORCONSTRUCTION

U.S. Department of Housingand Urban DevelopmentOffice of Housing

OMB Approval No. 2502-0598(Exp. 06/30/2017)

Article 1: Labor Standards

A. Applicability. The Project or program to which the construction workcovered by this Contract pertains is being assisted or insured by the United States ofAmerica, and the following Federal Labor Standards Provisions are included in thisContract or related instrument pursuant to the provisions applicable to such Federalassistance or insurance. Any statute or regulation contained herein shall also includeany subsequent amendment or successor statute or regulation.

B. Minimum Wages. Pursuant to Section 212 of the National Housing Act, asamended, 12 U.S.C. 1715c, the minimum wage provisions contained in this paragraphB do not apply to those projects with Security Instruments insured under Section221(h)(1) designed for less than 9 families and they do not apply to those projects withSecurity Instruments insured under either Section 220 or 233 designed for less than 12families.

1. (i) All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in theconstruction or development of the Project) shall be paid unconditionally and not lessoften than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretaryof Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bonafide fringe benefits (or cash equivalents thereof) due at time of payment computed atrates not less than those contained in the wage determination of the Secretary of Laborwhich is attached hereto and made a part hereof, regardless of any contractualrelationship which may be alleged to exist between the Contractor and such laborersand mechanics. Contributions made or costs reasonably anticipated for bona fide fringebenefits under Section 1 (b)(2) of the Davis-Bacon Act (40 U.S.C. 3141(2)(B)(ii)) onbehalf of laborers or mechanics are considered wages paid to such laborers ormechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributionsmade or costs incurred for more than a weekly period (but not less often than quarterly)under plans, funds, or programs, which cover the particular weekly period, are deemedto be constructively made or incurred during such weekly period. Such laborers andmechanics shall be paid the appropriate wage rate and fringe benefits on the wagedetermination for the classification of work actually performed, without regard to skill,except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work inmore than one classification may be compensated at the rate specified for each

Public Reporting Burden for this collection of information is estimated to average 0.2 hours per response, including the time forreviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewingthe collection of information. Response to this request for information is required in order to receive the benefits to be derived. Thisagency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMBcontrol number. While no assurance of confidentiality is pledged to respondents, HUD generally discloses this data only inresponse to a Freedom of Information Act request.

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classification for the time actually worked therein: Provided, that the employer's payrollrecords accurately set forth the time spent in each classification in which work isperformed. The wage determination (including any additional classification and wagerates conformed under 29 CFR 5.5(a)(1)(ii)) and the Davis-Bacon poster (WH-1321)shall be posted at all times by the Contractor and its subcontractors at the site of thework in a prominent and accessible place where it can be easily seen by the workers.

(ii) (a) Any class of laborers or mechanics that is not listed in the wagedetermination and that is to be employed under this Contract shall be classified inconformance with the wage determination. HUD shall approve an additionalclassification and wage rate and fringe benefits only when the following criteriahave been met:

(1) The work to be performed by the classification requested is not performed bya classification in the wage determination; and

(2) The classification is utilized in the area by the construction industry; and

(3) The proposed wage rate, including any bona fide fringe benefits, bears areasonable relationship to the wage rates contained in the wage determination.

(b) If the Contractor and the laborers and mechanics to be employed in theclassification (if known), or their representatives, and HUD or its designee agree on theclassification and wage rate (including the amount designated for fringe benefits whereappropriate), a report of the action taken shall be sent by HUD or its designee to theAdministrator of the Wage and Hour Division, U.S. Department of Labor, Washington,D.C. 20210 (“Administrator”). The Administrator, or an authorized representative,shall approve, modify, or disapprove every additional classification action within thirty(30) days of receipt and so advise HUD or its designee or shall notify HUD or itsdesignee within the thirty (30) day period that additional time is necessary. (Approvedby the Office of Management and Budget under OMB control number 1215-0140.)

(c) In the event the Contractor, the laborers or mechanics to be employed in theclassification or their representatives and HUD or its designee do not agree on theproposed classification and wage rate (including the amount designated for fringebenefits, where appropriate), HUD or its designee shall refer the questions, includingthe views of all interested parties and the recommendation of HUD or its designee, tothe Administrator for determination. The Administrator, or an authorized representative,shall issue a determination within thirty (30) days of receipt and so advise HUD or itsdesignee or shall notify HUD or its designee within the thirty (30) day period thatadditional time is necessary. (Approved by the Office of Management and Budget underOMB Control Number 1215-0140.)

(d) The wage rate (including fringe benefits where appropriate) determinedpursuant to subparagraphs B.1.(ii)(b) or (c) of this Article, shall be paid to all workers

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3

performing work in the classification under this Contract from the first day on which workis performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the Contract for a class oflaborers or mechanics includes a fringe benefit that is not expressed as an hourly rate,the Contractor shall either pay the benefit as stated in the wage determination or shallpay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the Contractor does not make payments to a trustee or other third person,the Contractor may consider as part of the wages of any laborer or mechanic theamount of any costs reasonably anticipated in providing bona fide fringe benefits undera plan or program, Provided, That the Secretary of Labor has found, upon the writtenrequest of the Contractor, that the applicable standards of the Davis-Bacon Act havebeen met. The Secretary of Labor may require the Contractor to set aside in a separateaccount assets for the meeting of obligations under the plan or program. (Approved bythe Office of Management and Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or its designee shall upon its own action or upon writtenrequest of an authorized representative of the Department of Labor withhold or cause tobe withheld from the Contractor under this Contract or any other Federal contract withthe same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, somuch of the accrued payments or advances as may be considered necessary to paylaborers and mechanics, including apprentices, trainees and helpers, employed by theContractor or any subcontractor the full amount of wages required by the Contract. Inthe event of failure to pay any laborer or mechanic, including any apprentice, trainee orhelper, employed or working on the site of the work (or under the United States HousingAct of 1937 or under the Housing Act of 1949 in the construction or development of theProject), all or part of the wages required by the Contract, HUD or its designee may,after written notice to the Contractor, sponsor, applicant, or Owner, take such action asmay be necessary to cause the suspension of any further payment, advance, orguarantee of funds until such violations have ceased. HUD or its designee may, afterwritten notice to the Contractor, disburse such amounts withheld for and on account ofthe Contractor or subcontractor to the respective employees to whom they are due.

3. Payrolls, records, and certifications.(i) Payrolls and basic records relating thereto shall be maintained by the

Contractor during the course of the work and preserved for a period of three yearsthereafter for all laborers and mechanics working at the site of the work (or under theUnited States Housing Act of 1937, or under the Housing Act of 1949, in theconstruction or development of the Project). Such records shall contain the name,address, and social security number of each such worker, his or her correctclassification, hourly rates of wages paid (including rates of contributions or costsanticipated for bona fide fringe benefits or cash equivalents thereof of the typesdescribed in Section 1 (b)(2)(B) of the Davis-Bacon Act (40 U.S.C. 3141(2)(B)(ii))), dailyand weekly number of hours worked, deductions made and actual wages paid.

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Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wagesof any laborer or mechanic include the amount of any costs reasonably anticipated inproviding benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis-Bacon Act (40 U.S.C. 3141(2)(B)(ii)), the Contractor shall maintain records which showthat the commitment to provide such benefits is enforceable, that the plan or program isfinancially responsible, and that the plan or program has been communicated in writingto the laborers or mechanics affected, and records which show the costs anticipated orthe actual cost incurred in providing such benefits. Contractors employing apprenticesor trainees under approved programs shall maintain written evidence of the registrationof apprenticeship programs and certification of trainee programs, the registration of theapprentices and trainees, and the ratios and wage rates prescribed in the applicableprograms. (Approved by the Office of Management and Budget under OMB ControlNumbers 1215-0140 and 1215-0017.)

(ii)(a) The Contractor shall submit weekly for each week in which any contractwork is performed a copy of all payrolls to HUD or its designee if the agency is a partyto the Contract, but if the agency is not such a party, the Contractor shall submit thepayrolls to the applicant, sponsor, or Owner, as the case may be, for transmission toHUD or its designee. The payrolls submitted shall set out accurately and completely allof the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that fullsocial security numbers and home addresses shall not be included on weeklytransmittals. Instead the payrolls shall only need to include an individuallyidentifying number for each employee (e.g., the last four digits of theemployee’s social security number). The required weekly payroll informationmay be submitted in any form desired. Optional Form WH-347 is available forthis purpose from the Wage and Hour Division Web site athttp://www.dol.gov/whd/forms/wh347.pdf or its successor site. The primecontractor is responsible for the submission of copies of payrolls by allsubcontractors. Contractors and subcontractors shall maintain the full socialsecurity number and current address of each covered worker, and shallprovide them upon request to HUD or its designee if the agency is a party tothe Contract, but if the agency is not such a party, the Contractor will submitthe payrolls to the applicant sponsor, or Owner, as the case may be, fortransmission to HUD or its designee, the Contractor, or the Wage and HourDivision of the Department of Labor for purposes of an investigation or auditof compliance with prevailing wage requirements. It is not a violation of thissubparagraph for a prime contractor to require a subcontractor to provideaddresses and social security numbers to the prime contractor for its ownrecords, without weekly submission to HUD or its designee.(Approved by theOffice of Management and Budget under OMB Control Number 1215-0149.)

(b) Each payroll submitted shall be accompanied by a "Statement ofCompliance," signed by the Contractor or subcontractor or his or her agent who pays orsupervises the payment of the persons employed under the Contract and shall certifythe following:

38

http://www.dol.gov/whd/forms/wh347.pdf



5

(1) That the payroll for the payroll period contains the information requiredto be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information isbeing maintained under 29 CFR 5.5(a)(3)(i), and that such information iscorrect and complete.(2) That each laborer or mechanic (including each helper, apprentice, andtrainee) employed on the Contract during the payroll period has been paidthe full weekly wages earned, without rebate, either directly or indirectly,and that no deductions have been made either directly or indirectly fromthe full wages earned, other than permissible deductions as set forth in29 CFR Part 3;

(3) That each laborer or mechanic has been paid not less than theapplicable wage rates and fringe benefits or cash equivalents for theclassification of work performed, as specified in the applicable wagedetermination incorporated into the Contract.

(c) The weekly submission of a properly executed certification set forth on thereverse side of Optional Form WH-347 shall satisfy the requirement for submission ofthe "Statement of Compliance" required by subparagraph B.3.(ii)(b) of this Article.

(d) The falsification of any of the above certifications may subject theContractor or subcontractor to civil or criminal prosecution under Section 1001 of Title18 and Sections 3801 et seq of Title 31 of the United States Code.

(iii) The Contractor or subcontractor shall make the records required undersubparagraph B.3.(i) of this Article available for inspection, copying, or transcription byauthorized representatives of HUD or its designee or the Department of Labor, and shallpermit such representatives to interview employees during working hours on the job. Ifthe Contractor or subcontractor fails to submit the required records or to make themavailable, HUD or its designee may, after written notice to the Contractor, sponsor,applicant, or Owner, take such action as may be necessary to cause the suspension ofany further payment, advance, or guarantee of funds. Furthermore, failure to submit therequired records upon request or to make such records available may be grounds fordebarment action pursuant to 29 CFR 5.12.

4. Apprentices and Trainees.(i) Apprentices. Apprentices shall be permitted to work at less than the

predetermined rate for the work they performed when they are employed pursuant toand individually registered in a bona fide apprenticeship program registered with theU.S. Department of Labor, Employment and Training Administration, Office ofApprenticeship, or with a State Apprenticeship Agency recognized by such Office, or if aperson is employed in his or her first ninety (90) days of probationary employment as anapprentice in such an apprenticeship program, who is not individually registered in theprogram, but who has been certified by the Office of Apprenticeship, or a StateApprenticeship Agency (where appropriate) to be eligible for probationary employmentas an apprentice. The allowable ratio of apprentices to journeymen on the job site in

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any craft classification shall not be greater than the ratio permitted to the Contractor asto the entire work force under the registered program. Any worker listed on a payroll atan apprentice wage rate, who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage rate on the wage determination for theclassification of work actually performed. In addition, any apprentice performing workon the job site in excess of the ratio permitted under the registered program shall bepaid not less than the applicable wage rate on the wage determination for the workactually performed. Where the Contractor is performing construction on a project in alocality other than that in which its program is registered, the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) specified in the Contractor'sor subcontractor's registered program shall be observed. Every apprentice must bepaid at not less than the rate specified in the registered program for the apprentice'slevel of progress, expressed as a percentage of the journeymen hourly rate specified inthe applicable wage determination. Apprentices shall be paid fringe benefits inaccordance with the provisions of the apprenticeship program. If the apprenticeshipprogram does not specify fringe benefits, apprentices must be paid the full amount offringe benefits listed on the wage determination for the applicable classification. If theAdministrator determines that a different practice prevails for the applicable apprenticeclassification, fringes shall be paid in accordance with that determination. In the eventthe Office of Apprenticeship, or a State Apprenticeship Agency recognized by suchOffice, withdraws approval of an apprenticeship program, the Contractor shall no longerbe permitted to utilize apprentices at less than the applicable predetermined rate for thework performed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees shall not be permittedto work at less than the predetermined rate for the work performed unless they areemployed pursuant to and individually registered in a program which has received priorapproval, evidenced by formal certification by the U.S. Department of Labor,Employment and Training Administration. The ratio of trainees to journeymen on thejob site shall not be greater than permitted under the plan approved by the Employmentand Training Administration. Every trainee must be paid at not less than the ratespecified in the approved program for the trainee's level of progress, expressed as apercentage of the journeyman's hourly rate specified in the applicable wagedetermination. Trainees shall be paid fringe benefits in accordance with the provisionsof the trainee program. If the trainee program does not mention fringe benefits, traineesshall be paid the full amount of fringe benefits listed on the wage determination unlessthe Administrator of the Wage and Hour Division determines that there is anapprenticeship program associated with the corresponding journeyman wage rate onthe wage determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee rate who is not registered andparticipating in a training plan approved by the Employment and Training Administrationshall be paid not less than the applicable wage rate on the wage determination for theclassification of work actually performed. In addition, any trainee performing work onthe job site in excess of the ratio permitted under the registered program shall be paidnot less than the applicable wage rate on the wage determination for the work actuallyperformed. In the event the Employment and Training Administration withdraws

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approval of a training program, the Contractor shall no longer be permitted to utilizetrainees at less than the applicable predetermined rate for the work performed until anacceptable program is approved.

(iii) Equal employment opportunity. The utilization of apprentices, trainees andjourneymen under 29 CFR Part 5 shall be in conformity with the equal employmentopportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act Requirements. The Contractor shallcomply with the requirements of 29 CFR Part 3, which are incorporated by reference inthis Contract.

6. Subcontracts. The Contractor or subcontractor shall insert in anysubcontracts the clauses set forth in subparagraphs 1 through 10 of this paragraph Band such other clauses as HUD or its designee may by appropriate instructions require,and a copy of the applicable prevailing wage determination, and also a clause requiringthe subcontractors to include these clauses in any lower tier subcontracts. The primecontractor shall be responsible for the compliance by any subcontractor or lower tiersubcontractor with all Contract clauses referenced in this subparagraph.

7. Contract termination and debarment. A breach of the Contract clauses in29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as acontractor or a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements. All rulingsand interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1,3, and 5 are herein incorporated by reference in this Contract.

9. Disputes concerning labor standards. Disputes arising out of the laborstandards provisions of this Contract shall not be subject to the general disputes clauseof this Contract. Such disputes shall be resolved in accordance with the procedures ofthe Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within themeaning of this clause include disputes between the Contractor (or any of itssubcontractors) and HUD or its designee, the U.S. Department of Labor, or theemployees or their representatives.

10. Certification of Eligibility.(i) By entering into this Contract, the Contractor certifies that neither it (nor he or

she) nor any person or firm who has an interest in the Contractor's firm is a person orfirm ineligible to be awarded Government contracts by virtue of Section 3(a) of theDavis-Bacon Act (40 U.S.C. 3144(b)(2)) or 29 CFR 5.12(a)(1) or to be awarded HUDcontracts or participate in HUD programs pursuant to 24 CFR Part 24.

(ii) No part of this Contract shall be subcontracted to any person or firm ineligiblefor award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act (40

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8

U.S.C. 3144(b)(2)) or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participatein HUD programs pursuant to 24 CFR Part 24.

(iii) The penalty for making false statements is prescribed in the U.S. CriminalCode, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C.,“Federal Housing Administration transactions”, provides in part: “Whoever, for thepurpose of . . . influencing in any way the action of such Department . . . makes, passes,utters or publishes any statement, knowing the same to be false . . . shall be fined underthis title or imprisoned not more than two years, or both.”

C. Contract Work Hours and Safety Standards Act.

1. Applicability and Definitions. This paragraph C of Article 1 is applicableonly if a direct form of federal assistance is involved, such as Section 8, Section202/811 Capital Advance, grants etc., and is applicable only where the prime contract isin an amount greater than $100,000. As used in this paragraph C, the terms "laborers"and "mechanics" include watchmen and guards.

2. Overtime requirements. No contractor or subcontractor contracting for anypart of the Contract work that may require or involve the employment of laborers ormechanics shall require or permit any such laborer or mechanic in any workweek inwhich he or she is employed on such work to work in excess of forty (40) hours in suchworkweek unless such laborer or mechanic receives compensation at a rate not lessthan one and one-half times the basic rate of pay for all hours worked in excess of forty(40) hours in such workweek.

3. Violation; liability for unpaid wages; liquidated damages. In the event ofany violation of the immediately preceding subparagraph C.2, the Contractor and anysubcontractor responsible therefore shall be liable for the unpaid wages. In addition,the Contractor and subcontractor shall be liable to the United States (in the case of workdone under contract for the District of Columbia or a territory, to such District or to suchterritory) for liquidated damages. Such liquidated damages shall be computed withrespect to each individual laborer or mechanic, including watchmen and guards,employed in violation of such subparagraph, in the sum of $10 for each calendar day onwhich such individual was required or permitted to work in excess of the standardworkweek of forty (40) hours without payment of the overtime wages required by theclause set forth in such subparagraph.

4. Withholding for unpaid wages and liquidated damages. HUD or itsdesignee shall, upon its own action or upon written request of an authorizedrepresentative of the Department of Labor, withhold or cause to be withheld from anymoneys payable on account of work performed by the Contractor or subcontractorunder any such contract, or under any other Federal contract with the same primecontractor, or under any other Federally-assisted contract subject to the Contract WorkHours and Safety Standards Act which is held by the same prime contractor such sumsas may be determined to be necessary to satisfy any liabilities of such Contractor or

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subcontractor for unpaid wages and liquidated damages as provided in the clause setforth in subparagraph 3 of this paragraph C.

5. Subcontracts. The Contractor or subcontractor shall insert in anysubcontracts the clauses set forth in subparagraphs 1 through 5 of this paragraph C andalso a clause requiring the subcontractors to include these clauses in any lower tiersubcontracts. The prime contractor shall be responsible for compliance by anysubcontractor or lower tier subcontractor with the clauses set forth in suchsubparagraphs 1 through 5.

D. Certification.

For projects with Security Instruments insured under the National Housing Act,as amended, that are subject to paragraph B of this Article 1, the Contractor is requiredto execute the Contractor's Prevailing Wage Certificate within HUD-92448 as acondition precedent to insurance by HUD of the Loan, or an advance thereof, made orto be made by the Lender in connection with the construction of the Project.

Article 2: Equal Employment Opportunity

A. Applicability. This Article 2 applies to any contract for construction work, ormodification thereof, as defined in the regulations of the Secretary of Labor at 41 CFRChapter 60, which is paid for in whole or in part with funds obtained from the FederalGovernment or borrowed on the credit of the Federal Government pursuant to a grant,contract, loan insurance, or guarantee, or undertaken pursuant to any Federal programinvolving such grant, contract, loan, insurance, or guarantee.

B. The Contractor shall not discriminate against any employee or applicant foremployment because of race, color, religion, sex, disability, or national origin. TheContractor shall take affirmative action to ensure that applicants are employed, and thatemployees are treated during employment without regard to their race, color, religion,sex, disability or national origin. Such action shall include, but not be limited to thefollowing: employment, upgrading, demotion, or transfer; recruitment or recruitmentadvertising; layoff or termination; rates of pay or other forms of compensation; andselection for training including apprenticeship. The Contractor agrees to post inconspicuous places available to employees and applicants for employment notices tobe provided setting forth the provisions of this nondiscrimination clause.

C. The Contractor shall, in all solicitations or advertisements for employeesplaced by or on behalf of the Contractor state that all qualified applicants shall receiveconsideration for employment without regard to race, color, religion, sex, disability, ornational origin.

D. The Contractor shall send to each labor union or representative of workerswith which it has a collective bargaining agreement or other contract or understanding anotice to be provided advising the said labor union or workers representatives of theContractor's commitments hereunder, and shall post copies of the notice in conspicuousplaces available to employees and applicants for employment.

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E. The Contractor shall comply with all provisions of Executive Order 11246 ofSeptember 24, 1965 and of the rules, regulations, and relevant orders of the Secretaryof Labor.

F. The Contractor shall furnish all information and reports required by ExecutiveOrder 11246 of September 24, 1965, and by rules, regulations, and orders of theSecretary of Labor, or pursuant thereto, and shall permit access to its books, records,and accounts by the Secretary of Labor for purposes of investigation to ascertaincompliance with such rules, regulations, and orders.

G. In the event of the Contractor's noncompliance with the nondiscriminationclauses of this Contract or with any of the said rules, regulations, or orders, thisContract may be canceled, terminated, or suspended in whole or in part and Contractormay be declared ineligible for further government contracts or federally assistedconstruction contracts in accordance with procedures authorized in Executive Order11246 of September 24, 1965, and such other sanctions may be imposed and remediesinvoked as provided in Executive Order 11246 of September 24, 1965, or by rule,regulations or order of the Secretary of Labor, or as otherwise provided by law.

H. The Contractor shall include the provisions of paragraphs A through H of thisArticle 2 in every subcontract or purchase order unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order11246 of September 24, 1965, so that such provisions shall be binding upon eachsubcontractor or vendor. The Contractor shall take such action with respect to anysubcontract or purchase order as HUD or the Secretary of Labor may direct as a meansof enforcing such provisions, including sanctions for noncompliance. Provided, however,that in the event the Contractor becomes involved in, or is threatened with, litigation witha subcontractor or vendor as a result of such direction by HUD or the Secretary ofLabor, the Contractor may request the United States to enter into such litigation toprotect the interests of the United States.

Article 3: Equal Opportunity for Businesses and Lower Income PersonsLocated Within the Project Area

A. This Article 3 is applicable to projects covered by Section 3, as defined in24 CFR Part 135.

B. The work to be performed under this Contract is on a project assisted under aprogram providing direct Federal financial assistance from HUD and is subject to therequirements of Section 3 of the Housing and Urban Development Act of 1968, asamended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasibleopportunities for training and employment be given to lower income residents of the unitof local government or the metropolitan area (or non-metropolitan county) asdetermined by HUD in which the Project is located and contracts for work in connectionwith the Project be awarded to business concerns which are located in, or owned insubstantial part by persons residing in the same metropolitan area (or non-metropolitancounty) as the Project.

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Article 4: Health and Safety

A. This Article 4 is applicable only where the prime contract is in an amountgreater than $100,000.

B. No laborer or mechanic shall be required to work in surroundings or underworking conditions which are unsanitary, hazardous, or dangerous to his or her healthand safety as determined under construction safety and health standards promulgatedby the Secretary of Labor by regulation.

C. The Contractor shall comply with all regulations issued by the Secretary ofLabor pursuant to 29 CFR Part 1926, and failure to comply may result in imposition ofsanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701et seq.

D. The Contractor shall include the provisions of this Article 4 in everysubcontract so that such provisions shall be binding on each subcontractor. TheContractor shall take such action with respect to any subcontract as HUDor the Secretary of Labor shall direct as a means of enforcing such provisions.

45

Previous editions are obsolete;Replaces form FHA-2452 (01/68)

Performance Bond/Dual Obligee HUD-92452M (06/14)

1

Performance Bond -Dual Obligee

U.S. Department of Housingand Urban DevelopmentOffice of Housing


Public Reporting Burden for this collection of information is estimated to average 0.5 hour per response, including the time forreviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing andreviewing the collection of information. Response to this request for information is required in order to receive the benefits to bederived. This agency may not collect this information, and you are not required to complete this form unless it displays acurrently valid OMB control number. While no assurance of confidentiality is pledged to respondents, HUD generally disclosesthis data only in response to a Freedom of Information Act request.

CONTRACTOR/PRINCIPAL (Name and Address):

OWNER (Name and Address):

LENDER (Name and Address):

SURETY (Name and Principal Place of Business):

PROJECT (Name, HUD Project Number and Location):

CONSTRUCTION CONTRACT:Date:Amount:

BOND:Date:Amount:

RIDERS TO THIS BOND: ____ Yes ____ No

This Performance Bond-Dual Obligee is issued simultaneously with a PaymentBond (“Payment Bond”) issued with respect to the Project. As used herein,“Obligees” shall mean Owner, Lender, Secretary of Housing and Urban Development(“HUD”) and the additional obligee(s), if any, identified in a Rider to this Bond and“Obligee” shall mean any of the Obligees.

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2

1. Contractor has entered into a Construction Contract with Owner for theconstruction of the Project (“Contract”). The Contract (as the same may be now orhereafter amended by change order or otherwise) is made a part hereof by reference.

2. Lender has agreed to lend to Owner a sum of money to be secured by amortgage between Owner and Lender (“Security Instrument”) on the Project thatprovides for advances under that certain note executed by Owner and payable toLender (“Note”), in part, to make payment under the Contract, and desires protectionas its interest appears, in event of default by Contractor under the Contract.

3. Contractor and Surety, jointly and severally, bind themselves, their heirs,executors, administrators, successors and assigns, to Owner and to Lender, itssuccessors and assigns, as their respective interests appear, as Obligees, in the sum of________________________________________________ Dollars($_______________), for the performance of the Contract. Any approved increase inthe total Contract price shall increase the obligation of Obligors accordingly.

4. If the Contractor performs the Contract and fully indemnifies and savesharmless Obligees from all costs and damages which they may suffer by reason offailure to do so, and fully reimburse and repay Obligees all expenses which any Obligeemay incur in making good any such default, then this obligation shall be null and void;otherwise it shall remain in full force and effect.

5. Surety shall not be liable under this Performance Bond to Obligees, or any ofthem, unless Obligees make payments to Contractor in accordance with the terms ofthe Contract as to payments, and/or perform any of the other obligations under theContract. However, Surety shall not assert a failure by Obligees to make payments orperform obligations under the Contract unless each Obligee has been given writtennotice by Surety of any such failure and a reasonable period of time (but in no eventless than thirty (30) days from receipt of said notice), in which to cure such failure.

6. Surety agrees that any right of action that any of Obligees herein may haveunder this Performance Bond may be assigned, without the consent of Contractor orSurety, to HUD, and that such assignment will in no manner invalidate or qualify thisinstrument.

7. The aggregate liability of Surety hereunder to Obligees or their assigns islimited to the penal sum above stated, and Surety, upon making any paymenthereunder, shall be subrogated to, and shall be entitled to an assignment of, all rights ofthe payee, either against Contractor or against any other party liable to the payee inconnection with the loss which is the subject of the payment. Notwithstanding theforegoing, no amounts paid to Owner without the written consent of Lender shall reducethe liability of Surety to Lender under this Performance Bond.

8. Any suit, action or proceeding by reason of any default whatever shall beinstituted within two years after the date Owner declares Contractor in default under the

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Contract. If this limitation is deemed to be in contravention of any controlling law, thisPerformance Bond is deemed amended so as to substitute the minimum period oflimitation permitted by such controlling law for the above limitation.

9. Surety hereby waives notice of any change, including changes of time, to theContract or to related subcontracts, purchase orders and other obligations.

10. Notice to Surety, Owner, or Contractor shall be served by mailing the sameby registered mail or certified mail, postage prepaid, to the address shown on thisPerformance Bond or to such other address as may have been previously specified bythe recipient in a notice given in accordance herewith.

SIGNED and SEALED THIS __________ day of ________________, 20__.

Witness as to Contractor: CONTRACTOR:

________________________________________________

By: ______________________

_________________________Name and Title (Printed)

SURETY:

_________________________

By: ______________________


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4

Project Name: ____________Project Number: ___________

ADDITIONAL OBLIGEE RIDER(Additional obligee only allowed with prior HUD approval.)

1. This Additional Obligee Rider is attached to and made a part of that certainPerformance Bond, dated ____________, 20__, executed and delivered by___________________, as Contractor, and _____________, as Surety, in favor ofObligees, in the sum of _____________________ ($_______) with respect to theProject referenced above.

2. All of the terms, conditions and provisions of the Performance Bond arehereby incorporated herein by this reference as if fully set forth herein.

3. All defined terms as set forth in the Performance Bond shall have the samemeanings herein.

4. _______________________ is hereby added to the Performance Bond as anadditional named Obligee.

5. Nothing herein shall alter or affect any of the terms, conditions and otherprovisions of the Performance Bond, including especially but without limitation, theaggregate liability of Surety as described in paragraph 3 of the Performance Bond.

Signed and sealed this ________ day of ___________, 20__.

Witness as to Contractor: CONTRACTOR: _______________________________________________

By: __________________________________

_____________________________________Name and Title (Printed)

SURETY: _____________________________

By: __________________________________

_____________________________________Name and Title (Printed)

Project Name:_____________Project Number: ___________

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5

ADDITIONAL SURETY RIDER

(Additional surety only allowed with prior HUD approval.)

1. This Additional Surety Rider is attached to and made a part of that certainPerformance Bond, dated ____________, 20__, executed and delivered by____________________________________, as Contractor, and________________________________________, as Surety, in favor of Obligees, inthe sum of _____________________________________ ($________) with respect tothe Project referenced above.

2. All of the terms, conditions and provisions of the Performance Bond arehereby incorporated herein by this reference as if fully set forth herein.

3. Except as set forth in paragraph 5 below, all defined terms as set forth in thePerformance Bond shall have the same meanings herein.

4. ___________________________ (“Additional Surety”) is hereby added tothe Performance Bond as an additional named surety.

5. Each surety and additional surety (collectively, “Surety”) is held and firmlybound, jointly and severally, onto Obligees. Further, each undersigned Surety bindsitself in the aforesaid full sum, jointly and severally, as well as severally, for the purposeof allowing joint action or singular actions against any or all of them in the full amount ofthis Performance Bond and for all other purposes each Surety binds itself, jointly andseverally with Contractor, for the payment of the full sums above stated. All referencesin the Performance Bond to Surety shall include Additional Surety.

6. Nothing herein shall alter or affect any of the terms, conditions and otherprovisions of the Performance Bond, including especially but without limitation, theaggregate liability of Surety as described in paragraph 3 of the Performance Bond.

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6

SIGNED AND SEALED this _______ day of ______________, 20___.

Witness as to Contractor: CONTRACTOR:

________________________________________________

By: ______________________


SURETY:

_________________________

By: ______________________


51

Construction Progress Schedule

U.S. Department of Housing OMB Approval No. 2577-0157 (Exp. 1/31/2017) and Urban Development Office of Public and Indian Housing

Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collecton displays a valid OMB control number. Construction practices and HUD administrative requirements establish the need that HAs maintain certain records or submit certain documents in conjunction with the oversight of the award of construction contracts for the construction of new low-income housing developments or modernization of existing developments. These forms are used by HAs to provide information on the construction progress schedule and schedule of amounts for contract payments. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. 1. Name of Public Housing Agency/Indian Housing Authority (PHA/IHA)

2. City 3. State 5. Project Name

11. Number of Buildings 12. Number of Dwelling Units 13. Number of Rooms

(Submit as many Year pages as necessary (yyyy) to cover the construction period.) Month

Actual Monthly Value, Work in Place ($)

Contractor's Name

Title Signature Date (mm/dd/yyyy)

PHA/IHA

Title Date (mm/dd/yyyy)

Approved by Architect Date (mm/dd/yyyy)

Previous edition is obsolete Page 1 of 2 form HUD-5372 (1/2014)

4. Location 6. Project Number

7. Contract For 8. Contract Time (Days)

To (mm/dd/yyyy) 9. From (mm/dd/yyyy) 10. Contract Price $

Submitted by

Approved by

Actual Accumulated (%) Progress

Anticipated Monthly ($) Value

Accumulated (%) Scheduled Progress

52

Instructions for Preparation of Construction Progress Schedule Form HUD-5372

General. The information required for items 1 through 6 can be obtained from the contract documents. (7.) Enter the type of work awarded by the PHA/IHA. This may be "general construction," "plumbing," "heating," "electrical," etc., depending upon prime

Charting Actual Progress. The horizontal space extending through the monthly columns is divided into "Actual Monthly Value of Work in Place – $" and Actual Accumulated Progress – %. progress and the actual value of work in place for that month, as the work progresses. An anticipated complete shutdown at some stage in the work because of adverse seasonal weather or otherwise, as may occur in road work, excavation (grading), etc., is readily shown by a gap.

" In each monthly column show the actual accumulated % of contract awards. (8.) Enter the contract time in calendar days (unless otherwise stated). (9.) Enter the starting and completion dates as established by the Notice to Proceed.

Year and Month. At the top of the Schedule, space is provided for inserting the "Year" and "Month" to identify the times during which the work is to be performed.

Year. Enter the year when the Notice to Proceed was issued. If the starting date of the contract is such that the time assigned for completion will be carried into a succeeding year, two yearly designations will be shown, each centered over the applicable spread of time for each year.

The Contractor's name shall be placed in the lower left-hand corner of the form, together with the signature and title of the employee who prepared the Schedule and the date. The form then shall be sent to the Architect for review. If the Architect considers that changes are necessary to make the Schedule more realistic, it will withhold approval and so advise the Contractor. When the form is acceptable and approved by the Architect, and the PHA/ IHA, it will be returned to the Contractor, who shall reproduce and submit the number and style of prints required by the PHA/ IHA.

Month. The body of the Schedule is divided into Columns, each representing a period of one month. Starting in the Column with the month stated in the Notice to Proceed, enter at the top of each column the successive months corresponding to the entire spread of the total contract time. The Schedule must contain monthly columns to cover the entire active period of contract, with extra columns for possible overruns in contract time.

Normal building construction experience has proved that the rate of overall progress (as measured by work in place) accelerates slowly at the start, reaches its peak in the middle third of the construction period, and tapers down at the close. The data following illustrate the general average expectancy of a well-balanced operation and may be used as a guide. If the proposed progress lies within reasonable range of these check points, the Schedule may be considered satisfactory insofar as the time-performance feature is involved.

Computation of Anticipated Monthly Value of Work in Place

Before presenting the form for approval, enter in each monthly column the dollar value (omit cents) of the increment of work anticipated to be put in place during that interval of time. This shall be the Contractor's best estimate of the rate of progress for each month. This section contains a suggested guide for the elapsed contract time vs. progress percentages.

% of % of Contract Accumulated

The horizontal total of the monthly dollars shown for "Antici-pated Monthly Value" must equal the contract price shown in the heading.

Time Progress 0

208 10 20 Accumulated Scheduled Progress – % 30 20

Entries on this line shall show in percentage of total completion the cumulative stage of progress that is scheduled to be reached at the end of each monthly interval. It is generally sufficient to state this anticipated progress to the nearest tenth of one percent, but for very large contracts it may be advisable to extend compu-tations to the nearest hundredth.

40 37 50 57 60 75 70 89 80 96 90 99

100 100 The entry for the first month's column should be the % obtained by the anticipated monthly dollar value of work in place at the close of the first month being divided by the contract price.

The foregoing percentages must be tempered by consideration of seasonal weather conditions and other known conditions which may affect the progress of the work. These percentages are offered for information only. The entry for the second month's column is obtained by the sum of

the anticipated monthly dollar values of work in place for Columns 1 and 2 being divided by the contract price.

Enter in the third month's column the percentage computed similarly, using the sum of dollar values of work in place for Columns 1, 2, and 3. Continue in this manner for the succeeding monthly columns until "100" is reached in the final column.

Previous edition is obsolete Page 2 of 2 form HUD-5372 (1/2014)

53

form HUD-92448OHF (1/91)Previous editions are obsolete. Page 1 of 2

To (owner) Requisition Number

Project Project Number Location

3 Concrete $ $ $4 Masonry5 Metals6 Rough Carpentry6 Finish Carpentry7 Waterproofing7 Insulation7 Roofing7 Sheet Metal8 Doors8 Windows8 Glass9 Lath and Plaster9 Drywall9 Tile Work9 Acoustical9 Wood Flooring9 Resilient Flooring9 Painting and Decorating

10 Specialties11 Special Equipment11 Cabinets11 Appliances12 Blinds and Shades, Artwork12 Carpets13 Special Construction14 Elevators15 Plumbing and Hot Water15 Heat and Ventilation15 Air Conditioning16 Electrical

Accessory Buildings2 Earth Work2 Site Utilities2 Roads and Walks2 Site Improvement2 Lawns and Planting2 Unusual Site Conditions1 General Requirements1 Bond Premium ($ )

Enter Amounts to Nearest Even Dollar

DIV Trade Item Cost as per Cost Breakdown Amounts Complete For HUD-FHA Use(A) (B) (C)

In accordance with the provision of the Construction Contract dated ________________ and Contractor's and/or Mortgagor's Cost

Breakdown (Schedule of Values) attached thereto, this requisition is submitted for the amount of $ __________________ due for work

performed up to the ____________ day of ______________ and as itemized below by the trades listed in the Schedule of Values.

Contractor's RequisitionProject MortgagesTo be submitted to mortgagee in quadruplicate

U.S. Department of Housingand Urban DevelopmentOffice of HousingFederal Housing Commissioner

This information is used to verify program benefits consisting of distribution of insured mortgage proceeds when construction costs are involved. Theinformation regarding completed work items is used by HUD to ensure that payments from mortgage proceeds are made for work actu ally completed ina satisfactory manner. This information is a requirement under Section 207(b) of the National Housing Act (Public Law 479, 48 Stat. 1246, 12 U.S.C. 1701et. seq) authorizing the Secretary of HUD to insure mortgages. The information collection does not contain information of a sensitive nature.Public reporting burden for this collection of information is estimated to average 6 hours per response, including the time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of info rmation. This agency maynot collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number.

OMB No. 25020602 (Exp. 05/31/2016)

54

form HUD-92448OHF (1/91)Previous editions are obsolete. Page 2 of 2

1 Other Fees ($ )(1) Subtotal of Breakdown Items $ * % $ ** % $(2) Builder's Overhead $ % $ % $(3) Builder's Profit $ % $ % $(4) Total of Cost Breakdown Items $ $ $(5) Inventory of Materials Stored On-site (See Note Below) $ $(6) Inventory of Materials Stored Off-Site (See Note Below) $ $(7) Sum of Cost Breakdown Items Plus Inventories of Materials $ $(8) Less Net Decrease in Cost as a Result of Approved Changes $ $(9) Total After Adjusting for Net Decrease to Approved Changes $ $

(10) Less Retained 10% $ $(11) Bal.: Total Amount Due to Date on Account of Construction Contract $ $(12) Less Previous Payments $ $(13) Net Amount of This Requisition $ $

Enter Amounts to Nearest Even DollarTrade Item Cost as per Cost Breakdown Amounts Complete For HUD-FHA Use

DIV (A) (B) (C)

I certify that the Work covered by this requisition has been completed in accordance with the Contract Documents, and that I have actually received$ for Work performed and materials purchased up to the ______________ day of ____________ (date of previous requisition).Date Contractor

* Percentage derived from subtotal of Breakdown Items (col. B divided by col. A) Note: Attached inventory of materials item ized as to quantities and costs.** (col. C divided by col. A) Exclusive of Bond PremiumFor Use of HUD-Federal Housing CommissionerDate Net Amount Approved for Payment Column C Completed by

(Mortgage Credit Examiner)

Reviewed and Approved by (Chief, Mortgage Credit) Director, Housing Development

Architect's Certificate I certify, based on my on-site observations (or those of my authorized representative) and the data comprising this requisition,that the Work has progressed to the point indicated; that to the best of my knowledge, information and belief the Work is in accordance with the ContractDocuments; and that the Contractor is entitled to payment of the amount certified.Date Architect

Inspector's Certificate Amount Modified No ModificationI certify that I have visited the site on this date ______________________________, observed the Work, and monitored the log and reports of theArchitect (if an architect is administering the Construction Contract); that to the best of my knowledge, information and belief the amount certifiedrepresents acceptable Work; and that I have no personal interest, present or prospective, in the property, applicant or proceeds of the mortgage.Date Inspector

Contractor's Prevailing Wage Certificate (For use under all sections of the National Housing Act requiring certification as to payment of prevailingwages. To be completed with each request for insurance of advance of mortgage proceeds which includes a payment on account of construction cost,or at the time the mortgage is presented for insurance pursuant to a commitment to insure upon completion.)

To Date Advance No.

Manager Project Name

Field Office Project Number

The undersigned, as principal contractor in connection with the construction of the above project, states that he/she is fully familiar with applicablewage determination decision of the Secretary of Labor and certifies that:a. A copy of the applicable wage determination decision is posted in a conspicuous place at the site of the work and he/she has required each

subcontractor as a part of his/her contract, to agree to pay wages at rates not less than those contained in the decision.b. All laborers and mechanics employed in the construction of the project have been, to the date hereof, paid for such employment at wage rates not

less than those contained in the applicable wage determination decision of the Secretary of Labor and no deductions or rebates have been made, eitherdirectly or indirectly, from the full weekly wages earned by any person, other than permissible deductions as defined in Regulations of the Secretaryof Labor, Part 3 (29 CFR Part 3).

c. He/She has fulfilled his/her obligations, to the date hereof, under The Labor Standards Provisions of the Supplementary Conditions of the Contractfor Construction and has included said conditions in all subcontracts.

This certificate is executed by the undersigned for the purpose of inducing the Commissioner to approve for insurance that certain mortgage loan, oran advance thereof, made or to be made by the mortgagee in connection with the construction of the project, and with the intent that the Commissionerrely upon this certification to establish compliance with the provisions of Section 212 of the National Housing Act, which provides in part: TheCommissioner shall not insure ... unless the principal contractor files a certificate ... certifying that the laborers and mechanics ... have not been paidnot less than the wages prevailing ... as determined by the Secretary of Labor...”I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802).Contractor By Date:

X 55

form HUD-92485 (10/71)ref. Handbook 4480

Page 1 of 2(Original and four copies to be submitted to FHA)

Previous editions are obsolete

U.S. Department of Housingand Urban DevelopmentOffice of HousingFederal Housing Commissioner

Permission to OccupyProject Mortgages


Public Reporting Burden for this collection of information is estimated to average 4 hours per response, including the time fo r reviewing instructions,searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of info rmation. This agency maynot conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number.This information is being collected under Public Law 101-625 which requires the Department of to implement a system for mortgage insurance formortgages insured under Sections 207,221,223,232, or 241 of the National Housing Act. The information will be used by HUD to a pprove rents, propertyappraisals, and mortgage amounts, and to execute a firm commitment. Confidentiality to respondents is ensured if it would result in competitive harmin accord with the Freedom of Information Act (FOIA) provisions or if it could impact on the ability of the Department’s mission to provide housing unitsunder the various Sections of the Housing legislation.Project Name Project Number

Project Location Request Number

Request for Permission to OccupyFederal Housing Administration

Permission is requested for the occupancy of (Number) ______________________ living unitsidentified as

and located in (Describe structure, wing, entrance, etc.)

All work in connection therewith has been substantially completed and all of the above-described living units are suitable for occupancy, with the fixturesand equipment installed and in operating condition. Light, heat, water, gas, and sanitary services have been connected and are available for use. The premiseshave been inspected by the public authorities have jurisdiction and permission to occupy granted by them as evidenced by the ce rtificates attached hereto.Safe and adequate approaches to the site and the aforesaid living units have been provided, including temporary or permanent guard rails, barricades, walks,lights, and other provisions necessary to the protection of tenants and the public. Proposed rental schedules or monthly charges in triplicate and mortgagor'sproposal for management of the project and compensation to be paid therefor, if and as requested by corporate charter have been or are herewith submitted.

____________________________________________________________Mortgagor

Date (mm/dd/yyyy) ____________________________________ By _________________________________________________________

Architect's Certificate of Substantial CompletionI have inspected the units listed above and have found construction to be sufficiently complete and in accordance with contract requirements so that owner

may occupy the above described living or service units for the uses intended. I have examined all required certificates of perm ission to occupy as issued bypublic authorities having jurisdiction and found same to be in proper order.

____________________________________________________________Architect

Date (mm/dd/yyyy) _____________________________________ By _________________________________________________________

Contractor's CertificationThis is to certify that all work or correction necessary to complete the above-described living units in accordance with the co ntract requirements and in a

manner acceptable to the Federal Housing Administration will be performed without delay and at no additional cost regardless of any adverse conditions resultingfrom the occupancy of the aforesaid living units.

_______________________________________________________________Contractor

Date (mm/dd/yyyy) _________________________________________________ By _________________________________________________________

Mortgagee's StatementFederal Housing Administration

All insurance risks have been covered in conformity with Federal Housing Administration Hazard Insurance requirements issued in connection with thisproject. The above request is acceptable to the undersigned.

_______________________________________________________________Mortgagee

Date (mm/dd/yyyy) _____________________________________ By _________________________________________________________

To (Name of Mortgagee, Street Address, City, State, Zip):

56

form HUD-92485 (10/71)ref. Handbook 4480

Page 2 of 2(Original and four copies to be submitted to FHA)

Previous editions are obsolete

FHA Inspection ReportExamination of the living units described above, including the available means of access thereto, reveals they are suitable for occupancy with the exception

of those enumerated below, which are considered unsuitable for occupancy at this time for the reasons stated.

Inspected ____________________________________________ By____________________________________________________________________(Date mm/dd/yyyy) Architectural Construction Representative

Approved as reported above; as modified by me _____________________________________________________________________________ Chief Architecture & Engineering Section Deputy

Approved: Date ________________________________________ By____________________________________________________________________( mm/dd/yyyy) Chief Underwriter; Assistant Director for Technical Services Deputy

Permission to OccupyPermission is granted for the occupancy of the living units identified on the FHA Inspection Report portion of this form as sui table for occupancy. It is

understood that this does not constitute and shall not be construed as acceptable of construction and that completion of these living units in accordance withthe contract documents is essential and will be performed prior to acceptance of the construction.

Federal Housing Administration,

By____________________________________________________________________(Authorized agent)

Date (mm/dd/yyyy) _________________________________

57

form HUD-92437 (11/00)ref. Handbook 4480.1Page 1 of 2

The abovesigned contractor agrees to assume any additional costs and agrees that he will not assert any claim against the Mortgagor in connection therewith.

The abovesigned Mortgagor, acting pursuant to a resolution adopted at a meeting of its stockholders or members, and the abovesigned Contractor, agree to the

above described construction changes and agree that the construction contract executed by them (date) ________________is amended by increasing the

contract price of $________________ set forth in Article 3 thereof to $_________________ all other provisions of the Construction Contract remain unchanged.

The abovesigned Mortgagor and the above signed Contractor agree to the construction changes described above and agree that the construction contract

executed by them (date) ________________ is amended by decreasing the contract price of $___________________ set forth in Article 3 thereof to

$____________________ ; all other provisions of the construction contract remain unchanged.

No changes in the drawings and specifications may be effected