Rd instruction 1924-a table of Contents




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(5-12-87) SPECIAL PN

RD Instruction 1924-A

Exhibit G

Page 1


PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS: that


__________________________________________________________________________

(Name or Contractor)

__________________________________________________________________________

(Address or Contractor)


a _____________________________________, hereinafter called PRINCIPAL, and

(Corporation, Partnership, or Individual)


__________________________________________________________________________

(Name of Surety)


__________________________________________________________________________

(Address of Surety)

hereinafter called SURETY, are held and firmly bound unto ___________________
__________________________________________________________________________

(Name of Owner)


__________________________________________________________________________

(Address of Owner)


hereinafter called OWNER, and the United States of America acting through Rural Development hereinafter referred to as the GOVERNMENT in the total aggregate penal sum of __________________________________________________________ _____________________________ Dollars ($ ______________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain contract with the OWNER, dated the _____________ day of _____ 19 , a copy of which is hereto attached and made a part hereof for the construction of:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, or GOVERNMENT, with or without notice to the SURETY and during the guaranty period and if the PRINCIPAL shall satisfy
(05-12-87) SPECIAL PN

RD Instruction 1924-A

Exhibit G

Page 2


all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER and GOVERNMENT from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER and GOVERNMENT all outlay and expense which the OWNER and GOVERNMENT may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the liability of the PRINCIPAL AND SURETY hereunder to the GOVERNMENT shall be subject to the same limitations and defenses as maybe, Available to then against a claim hereunder by the OWNER, provided, however, that the GOVERNMENT may, at its option, perform any obligations of the OWNER required by the contract.
PROVIDED, FURTHER, that the said SURETY, for value received hereby, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CONTRACT as so amended. The term "Amendment", wherever used in this BOND, and whether referring to this BOND, the Contract or the Loan Documents shall include any alteration, addition, extension, or modification of any character whatsoever.
PROVIDED, FURTHER, that no final settlement between the OWNER or GOVERNMENT and the PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. The OWNER and GOVERNMENT are the only beneficiaries hereunder.

RD Instruction 1924-A

Exhibit G

Page 3


IN WITNESS WHEREOF, this instrument is executed in ________ counterparts,

Number


each one of which shall be deemed an original, this the ______ day of ___________.
ATTEST: _________________________________

Principal

_____________________________________

(Principal) Secretary


(SEAL) By _________________________(s)
_______________________________

(Address)

__________________________________ _______________________________

Witness as to Principal

___________________________________

(Address)

___________________________________ _______________________________

Surety
ATTEST:


___________________________________ By_____________________________

Witness as to Surety Attorney-in-Fact

___________________________________ _______________________________

(Address) (Address)

___________________________________ _______________________________

oOo

(5-12-87) SPECIAL PN

RD Instruction 1924-A

Exhibit H

Page 1


PROHIBITION OF LEAD-BASED PAINTS


I. PURPOSE: This Exhibit prescribes the methods to be used to comply with the requirements of the Lead-Based Paint Poisoning Prevention Act, Public law 91-695, as amended, (42 U.S.C. 4801 et seq.) and the amendment to Section 501 (3) of Public law 91-695 (42 U.S.C. 4841 (3)) as amended by the National Consumer Health Information and Health Promotion Act of 1976, Public Law 94317.


II. POLICY: Rural Development shall not permit the use of lead-based paint on applicable surfaces of any housing or buildings purchased, repaired, or rehabilitated for human habitation with financial assistance provided by this agency. Paints used on applicable surfaces shall not contain more than 0.06 percent lead by weight calculated as lead metal in the total nonvolatile content of liquid paints or in the dried film of paint already applied.
III. DEFINITIONS:
A. Housing and buildings mean any house, apartment, or structure intended for human habitation. This includes any institutional structure where persons reside, such as an orphanage, boarding school, dormitory, day care center or extended care facility, college housing, domestic or migratory labor housing, hospitals, group practice facilities, community facilities, and business or industrial facilities.
B. Applicable surfaces means all interior surfaces, whether accessible or not, and those exterior surfaces which are readily accessible to children under 7 years of age, such as stairs, decks, porches, railings, windows, and doors.
C. Lead-based paint means any paint containing more than .5 of 1 percentum lead by weight, or with respect to paint manufactured after June 22. 1977, lead-based paint containing more than six one-hundredths of 1 percentum lead by weight.

(5-12-87) SPECIAL PN

RD Instruction 1924-A

Exhibit H

Page 2

IV. REQUIREMENTS:


A. All new housing and buildings shall comply with paragraph II of this Exhibit H.
B. For all existing housing and buildings built after 1950, on which a loan is closed after July 19, 1978, Rural Development requires that the applicant, borrower or tenant be notified of the potential hazard of leadbased paints, of the symptoms and treatment of lead poisoning, and of the importance and availability of maintenance and removal techniques for eliminating such hazards. This will be accomplished by providing each applicant, borrower and/or tenant with a copy of Attachment 1 to this Exhibit H, "Lead-based Paint Hazards, Symptoms, Treatment and Techniques for Eliminating Hazards," available in any Rural Development County Office. Copies of Attachment 1 may be obtained by the County Supervisor from the Finance Office, 1520 Market Street, St. Louis, MO. 63103.
C. For all existing housing or buildings built before 1950 on which a loan is closed after July 19, 1978, Rural Development requires that the applicant, borrower and/or tenant be notified as in paragraph IV B and a copy of Attachment 2 to this Exhibit H, "Caution Note on lead-Based Paint Hazard," available in any Rural Development County Office, shall be delivered to the hands of the applicant, borrower and/or tenant.
D. For all property transfers and inventory property sales, Attachments 1 and 2 to this Exhibit H (available in any Rural Development office) shall be handed to the purchaser by the Rural Development representative.
E. All inventory housing or buildings built before 1950 to be repaired, renovated, or rehabilitated shall have tests for lead content, and where found to be hazardous, shall have any interior lead-based paint removed entirely. Loose or cracked surfaces shall be cleaned down to the base surface before repainting with a paint containing not more than six one-hundredths of 1 percentum lead by weight in the total nonvolatile content of the paint or the equivalent measure of lead in the dried film of paint already applied or both. Contracting officers shall include the following provision prohibiting the use of lead-based paint in all contracts and subcontracts for construction or rehabilitation of housing or buildings:

RD Instruction 1924-A

Exhibit H

Page 3


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