Last updated March 1, 2021
General Terms & Conditions
- Acceptance Period – The tender is subject to revision or withdrawal if not accepted within 30 days
- Bonding – The cost of bonds is not included in the tender.
- Inclusion of General Conditions of CCEDC2 or Subcontract Conditions of CCA1- If the Client is the owner or the agent of the owner of the project, then the General Conditions of the current version of the CCDC 2 Stipulated Price Contract shall apply to the tender and to the Agreement between the Tenderer and the Client (“the Agreement”). If the Client is not the owner, or the agent of the owner of the project, then the Subcontract Conditions of the current version of the CCA 1 Stipulated Price Subcontract shall apply. The OAFS General Conditions shall take priority over the CCDC 2 General Conditions and the CCA 1 Subcontract Conditions.
- Priority of Documents – The Tender Letter followed by these General Conditions have priority over all other documents.
- Terms of Payment – The client agrees to the following: 10% deposit on acceptance, 30% payment due on start date, and 60% payment due on completion. Final balance is due upon completion.
- Work Schedule – Unless otherwise stated in the tender, the tender price is based on (i) one mobilization by the Tenderer, (ii) sufficient access to the work site being provided to the Tenderer and (iii) the readiness of the site for the Tenderer’s work to enable it, once mobilized, to work continuously and without interruption and to complete its work based on the sequence of operations determined by it, failing which the Client shall pay for its additional expenses at Standard Rates.
- Delays – The Tenderer is not responsible for delays due to strikes, fire, flood, accident or causes beyond its control. For delays caused by the Client, the Client shall pay the Tenderer for its additional expenses as extra work at the standard rate.
- Hours of Work – Unless otherwise stated in the tender, the tender price is based upon the performance of the Tenderer’s work using only day shift labour charged at normal straight time hours of work, in accordance with its collective agreements.
- Insurance – The Tenderer has $5,000,000.00 in liability and property damage insurance. Any insurance policy issued to the Tenderer, in which others are named as additional insureds, is effective only with respect to liability arising out of the Tenderer’s negligence.
- DSS – Designated Substance Survey (DSS) will be conducted by a 3rd party and provided to the client and MAGCOR INC. upon completion. DSS Reports are required before any construction, demolition, or restoration project can take place in Ontario. As per Section 30 of the Ontario Occupational Health and Safety Act, DSS and other potentially hazardous building materials must be identified prior to any work being done that may disturb these materials and result in unnecessary exposure of workers and building occupants. Items identified are as follows: Asbestos, Benzes, Lead, Acrylonitrile, Mercury, Silica, Arsenic, Isocyanates, Ethylene Oxide, Vinyl Chloride, PCBs.
- Contaminated or Hazardous Materials – Unless otherwise stated in the tender, the Tenderer will not locate, handle, remove or dispose of on or off site, any contaminated or hazardous soils, water or other such materials. The Tenderer shall not be responsible for associated costs.
- Vibrations – The Tenderer shall not be responsible for damage, disruption or displacement of or to existing properties, structures, facilities or services, caused or contributed to by vibrations caused by it, and the Client shall indemnify and hold the Tenderer harmless for all claims relating thereto.
- Extra Work – All work not clearly identified as the Tenderer’s work in the Tenderer’s submission is extra work for which the Client shall pay at Standard Rates. The Client shall review and confirm the accuracy of the Tenderer’s work records daily.
- MAGCOR Certifications – MAGCOR INC. on-site Supervisors will have the following certifications: First Aid, Basics of Supervision, Supervisor Health and Safety Awareness (5 Step), Working at Heights, Aerial lift platform certifications, & WHMIS. MAGCOR INC.on-site Laboureres will have the following certifications: Work Health and Safety Awareness (4 Step), Working at Heights, & WHMIS.
- Obstructions – Work performed by the Tenderer to remove surface and subsurface obstructions, known or unknown, including boulders and limestone, that interfere with or increase the cost of its work is extra work for which the Client shall pay at Standard Rates.
- Noise & Exhaust – Unless otherwise stated in the tender, the Tenderer shall not be required to minimize or control noise from its operations or exhaust emissions from its equipment.
- Standard Rates – Standard Rates for payment to the Tenderer for all extra work and standby time shall be the rates provided by the Tenderer for equipment, labour and materials and which are to be incorporated into the agreement between the Tenderer and the Client.
- Disposal – Disposal is included in overall pricing. However, it is assumed that we can place a bin on the subject property. Street permit(s) are not included in scope of work / pricing. Should the disposal bin not be able to be placed on the property, extra charges may apply.
- Salvage – All / any items remaining on premises are to be assumed to belong to demolition company. MAGCOR INC. will do its’ best to salvage, recycle or donate all items to reduce waste.
- Post Completion Form – The client agrees to sign the post completion walkthrough form. After the post completion form has been signed by both parties, all existing work is subject to additional charges at the standard rate. These include but are not limited to: mobilization, labor, disposal, etc.
- Excavation Disclaimer – MAGCOR INC. is not responsible for the following: Any damages to driveways, roads, curbs, sidewalks, or lawns, Damages arising due to winter/weather conditions, fencing or shoring.
- Variations – Any variations to the drawings provided are subject to additional charges.
- Backfill 1 – Backfill will be performed by machine only.
- On Site Ads – MAGCOR reserves the right to advertise on site.
- Media – MAGCOR INC. will take photos & videos. Media teams may also be on site. Unless otherwise stated from the contractor/client, MAGCOR INC. will have the right to post/publish on social media, print or radio/tv, all or any photos, videos or walkthroughs before, during or after their scope of work is started/completed.
- Site Conditions – Site preparation, continuous site maintenance and continuous site access to enable the Tenderer to perform its work. The client also agrees to put up fencing and supply a portable toilet for staff on site. The client assumes all responsibility for the condition of the job site.
- Drawings – Client agrees to supply MAGCOR INC with all relevant drawings in order to perform the agreed scope of work.
- Backfill 2 – When backfilling, it will be the responsibility of the client to provide proper bracing of foundation walls.
- Driveways – Driveways exist outside the standard scope of work. Extra charges will apply.
- Storage Area – Secure on-site storage areas suitably located for the Tenderer’s materials, tools and equipment.
- Utilities – Copies of certified locates and test pit information in accordance with TSSA and CSA requirements prior to the Tenderer’s mobilization. The location, exposure, protection, removal, diversion and repair of and to underground, surface, above-ground and overhead services and utilities before the Tenderer requires access to these areas of the site.
- Permits – All permits, licenses, fees and rights, including rights to encroachment.
- Survey & Layout – All survey and layout work (including benchmarks, lines and levels), pile locations, as-built drawings and records.
- Other Services – Electricity, night floodlighting, portable toilets, sanitary services and hand wash facilities.
- Subtrade – Should MAGCOR INC be assigned to hire any subtrades, the client accepts full responsibility and liability over the subtrade.
Emergency Demolition Terms & Conditions
CONTACT US
If you have questions or comments about this Cookie Policy, please contact us at:
MAGCOR Inc
82 Advance RD,
Toronto, ON M8Z 2T7
(416) 887-8833
info@magcor.ca