Ontario Road Builders’…

Ontario Road Builders’ Association (ORBA) Submission Re: Proposed Updates to SSP 103F56, CAIS 313-06, CDED B313, PH-CC-886A and PH-CC-886B

TCP Number: 000-0249

On behalf of the Ontario Road Builders’ Association (ORBA), we thank the Ministry for the opportunity to comment on the proposed updates to SSP 103F56 and related documents. Our members are committed to building safe, high-quality infrastructure and share the government’s objective of continuous improvement. However, we have significant concerns regarding the proportionality, clarity, and practical implications of the proposed changes.

OVERARCHING POSITION

Our position remains that SSP 103F56 is an overly burdensome specification that does not offer proportional value to the end-user. In its current or proposed form, it remains difficult to reconcile with other contract documents and imposes an administrative and operational burden that outweighs any measurable benefit from a risk or safety perspective. ORBA recommends the Ministry consider abolishing the specification in its entirety.

DETAILED COMMENTS
1. 313.08.01.08.03 – Basis of Acceptance
• ORBA recommends the removal of binder courses from the scope of SSP 103F56. Only the final surface course should be subject to these tolerances. Imposing stringent slope requirements on binder layers adds cost and complexity with little to no benefit for the final riding surface.

2. 313.08.01.08.03 – Lots and Sublots
• While we appreciate the new tolerances proposed in SSP 105F56 (April 2025) as a step forward, the penalty structure remains disproportionate to the degree of non-conformance.
• We recommend:
a) Applying the new tolerances as the limit of acceptance without penalty;
b) Introducing a minor financial penalty only where cross slope deviations exceed these tolerances by ±0.3%;
c) Rejection and mandatory repair only beyond this threshold.
This framework would better align consequences with the actual performance risk to the Ministry and road users.

3. 313.08.01.08.04 – Retesting Procedures
• Paragraph 1 – Notification Timelines: The Contractor should be given the same three business days to provide notice to the Contract Administrator, ensuring procedural fairness.
• Paragraph 4 – Sublot Re-Measurement: The contractor should be able to select which sublots to challenge, rather than being required to remeasure the entire lot. This targeted approach is both more efficient and equitable.

4. 313.08.01.08.05 – Repair Timelines
• Paragraph 1 – Diamond Grinding Ambiguity: The revised wording creates confusion regarding whether the one-month repair timeline applies to diamond grinding. We recommend:
a) Limiting the one-month timeline to full-lane resurfacing repairs;
b) Allowing diamond grinding repairs to be completed prior to seasonal shutdown (unless extended in writing).
Rationale: Diamond grinding addresses minimal non-conformances (≤5mm) and poses negligible risk. Further, logistical and cost barriers—particularly in northern Ontario—make early mobilization impractical and costly.

5. 313.08.01.08.05 – Re-Measurement Post-Repair
• Para 3 – Lot Re-Measurement: ORBA strongly opposes the remeasurement of all sublots (repaired or not) at new locations:
o Only sublots subject to repair should be remeasured.
o Measurements should be taken at the original rejectable locations to confirm repair effectiveness.
Re-measuring previously accepted sublots or selecting new locations post-repair creates unacceptable uncertainty and exposes contractors to potentially endless rework. This undermines contractual certainty and finality.

CONCLUSION

While ORBA supports a performance-based approach to pavement construction and quality assurance, SSP 103F56 in its current and proposed form fails to provide a balanced, practical, and value-driven framework. We respectfully urge the Ministry to:
1. Limit the application of these tolerances to final surface courses;
2. Adopt a tiered, proportionate penalty structure;
3. Improve procedural fairness and clarity in retesting and remeasurement;
4. Reassess the continued use of this SSP in standard contracts, given its minimal impact on end-user outcomes.