C-65.1, r. 5 - Regulation respecting construction contracts of public bodies

Schedule Disposition versions

2012-09-01

SCHEDULE 2

(s. 12)

PERFORMANCE BOND

Construction Work

(1) __________(name of the SURETY)__________ having its principal establishment at __________(address of the SURETY)__________ herein represented by __________(name and title)__________ duly authorized, hereinafter called the SURETY, having taken cognizance of the tender duly accepted by __________(name of the PUBLIC BODY)__________ hereinafter called the PUBLIC BODY, in respect of __________(description of the work and location)__________and on behalf of __________(name of the CONTRACTOR)__________ herein represented by __________(name and title)__________duly authorized, hereinafter called the CONTRACTOR, binds itself solidarily with the CONTRACTOR, to the benefit of the PUBLIC BODY, to perform the contract including, without limitation, the obligations covered by the guarantees, for the carrying out of the work described above in conformity with the call for tenders, it being provided that the SURETY in no case may be required to pay more than

dollars

($ ).

(2) The SURETY agrees that the PUBLIC BODY and the CONTRACTOR may amend the contract at any time, subject to the right of the SURETY to be informed thereof on request, pursuant to article 2345 of the Civil Code, and consents to the PUBLIC BODY granting any time period necessary to complete the work.

(3) If the CONTRACTOR fails to perform the contract, including work covered by the guarantees, the SURETY assumes the CONTRACTOR’S obligations and, where applicable, undertakes and continues the work required within 15 days after receiving written notice to that effect from the PUBLIC BODY, failing which the PUBLIC BODY may have the work completed and the SURETY must pay the PUBLIC BODY for any excess amount over the price agreed on with the CONTRACTOR for performance of the contract.

(4) This bond covers any fault indicated by the PUBLIC BODY to the CONTRACTOR in a written notice before the end of the second year following acceptance of the work within the meaning of article 2110 of the Civil Code.

(5) This bond is governed by the law applicable in Québec and, should it be contested, the courts of Québec have sole jurisdiction.

(6) The CONTRACTOR intervenes in these presents to consent thereto; should the CONTRACTOR fail to do so, this obligation is null and void.

IN WITNESS WHEREOF, the SURETY and the CONTRACTOR, by their duly authorized representatives, have signed these presents in

__________________________________________ , this________ day of ___________________ 20 _________

The SURETY

___________________________________________ ___________________________________________

(witness) (signature)

___________________________________________

(name of signatory in block letters)

___________________________________________

(title of signatory in block letters)

The CONTRACTOR

___________________________________________ ___________________________________________

(witness) (signature)

___________________________________________

(name of signatory in block letters)

___________________________________________

(title of signatory in block letters)

GQ-02

O.C. 532-2008, Sch. 2.