P-32, r. 1 - Regulation respecting Contracts of the Public Protector

Schedule Disposition versions

2012-09-01

SCHEDULE 3

(s. 17)

Tender 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 to be submitted on the ______________________________ day of ______________________________ 20__________ to

---

(The Public Protector)

hereinafter called the Public Protector, by

---

(Name of the CONTRACTOR)

having its principal establishment at

---

(Address of the CONTRACTOR)

herein represented by _________________________________________________________________

(Name and title)

duly authorized, hereinafter called the CONTRACTOR, in respect of

---

(description of the work and location)

stands surety for the CONTRACTOR, to the benefit of the Public Protector, on the following conditions:

If the CONTRACTOR fails to sign a contract in conformity with the tender submitted or fails to provide the guarantees or any other document required following the date of acceptance of the tender, the SURETY binds itself to pay to the Public Protector a sum of money corresponding to the difference between the tendered price that had been accepted and the tendered price subsequently accepted by the Public Protector, it being provided that the SURETY is not required to pay more than, as specified in the tender documents:

— ______________________________ percent of the tendered price (__________%),

or

— the lump sum determined by the Public Protector, ______________________________ dollars ($__________).

(2) The CONTRACTOR whose tender is accepted must be notified in writing of such acceptance before the expiry of the tender validity period or any other time period agreed on by the Public Protector and the CONTRACTOR; failing that, this obligation is without effect.

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

(4) The SURETY waives the benefit of discussion and division.

(5) The CONTRACTOR intervenes in this agreement to consent thereto; should the CONTRACTOR fail to do so, this obligation is without effect.

IN WITNESS WHEREOF, the SURETY and the CONTRACTOR, by their duly authorized representatives, have signed this agreement 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)

Decision 1462-2, Sch. 3.