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

Schedule Disposition versions

2012-09-01

SCHEDULE 4

(s. 17)

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

---

(Identification of the Public Protector)

hereinafter called the Public Protector, in respect of

---

(Description of the work and location)

and on behalf of

---

(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, binds itself solidarily with the CONTRACTOR, to the benefit of the Public Protector 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 Protector 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 Protector 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 Protector, failing which the Public Protector may have the work completed and the SURETY must pay the Public Protector 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 Protector 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 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. 4.