TERMS & CONDITIONS

Relay Construction Terms & Conditions

Definitions:

“Acceptance Criteria” means the criteria by which the Deliverable(s) or the Service(s) will be evaluated for purposes of determining acceptance by RELAY CONSTRUCTION which shall include the functional, technical, design and performance characteristics specifically set forth or incorporated by reference in the Purchase Order. If the Acceptance Criteria are not specified in the Purchase Order, then the Acceptance Criteria shall be based upon RELAY CONSTRUCTION’s reasonable determination that the Deliverable(s) or Services are satisfactory to RELAY CONSTRUCTION in all material respects.

“Deficiency” means, with regard to any Service, or Goods or any Deliverables, information or materials provided by Vendor, a defect, failure, malfunction, or nonconformity in such Service, Goods, or Deliverables or information or materials, that prevents such Service, Deliverable or information or materials, from complying with, or operating in accordance with, the applicable Acceptance Criteria.

“Deliverable(s)” means Service(s), Goods or any and all other expectations outlined in a Work Order, Purchase Order or Contract delivered to RELAY CONSTRUCTION by Vendor.

“Goods” means any tangible commodities, wares or materials used by Vendor to complete a job or purchased by RELAY CONSTRUCTION.

“Party” means either Vendor or RELAY CONSTRUCTION, individually as the context so requires; and “Parties” means Vendor and RELAY CONSTRUCTION, collectively.

“Purchase Order” means a commercial document issued by RELAY CONSTRUCTION to Vendor indicating types, quantities and agreed upon pricing for products or Services that Vendor will provide to RELAY CONSTRUCTION.

“Service(s)” means the Service(s) described in the applicable Purchase Order that are to be provided by Vendor to RELAY CONSTRUCTION.

“Subcontractor” means any third party company or individual that Vendor utilizes to perform any Services (in whole or in part) outlined in the Purchase Order.

“Subcontract Work” means the Services specified in the Purchase Order to be performed by the Vendor.

“Terms and Conditions” means all provisions outlined in this document, as well as those provisions outlined in a Purchase Order or Contract, that are applicable to the delivery of Services and/or Goods to RELAY CONSTRUCTION by Vendor.

“Vendor” means the Company, its employees, agents, officers, consultants or other representatives that have been contracted to provide any Services by RELAY CONSTRUCTION as specified in the Purchase Order.

“Work” means the process of Vendor providing Services which results in the satisfactory completion of a Purchase Order.

Entire Agreement:The Terms and Conditions contained herein shall govern any and all transactional activity between Vendor and RELAY CONSTRUCTION. These Terms and Conditions shall apply to any Purchase Order and/or Vendor Agreement with respect to the provision of Goods and/or Services (the “Services”) between RELAY CONSTRUCTION and the Vendor. In circumstances where a Vendor Agreement exists and the provisions of said Agreement differ from the Terms and Conditions contained herein, the Terms and Conditions contained within the Vendor Agreement shall prevail.
Acceptance:Any and all Goods and/or Services specified in a Purchase Order shall be furnished by Vendor subject to all the Terms and Conditions set forth herein, which Vendor, in accepting a Purchase Order from RELAY CONSTRUCTION, agrees to be bound by and to comply with.
Provision of Services and Subcontracting:Unless otherwise agreed to by RELAY CONSTRUCTION in writing, the Vendor shall furnish at its own cost and expense any and all necessary labour, machinery, equipment, tools, transportation and other inputs required to perform Services. RELAY CONSTRUCTION shall not be liable for any loss of, or damage to, machinery, equipment or tools furnished by the Vendor.

Should Vendor wish to subcontract any item of the Services, Vendor shall notify RELAY CONSTRUCTION of such intent prior to engaging the Subcontractor, and shall not engage any such Subcontractor without RELAY CONSTRUCTION’s prior consent, which consent may be withheld at RELAY CONSTRUCTION’s sole discretion. All Services performed for Vendor by a Subcontractor shall be performed in accordance with these Terms and Conditions. Vendor shall only use Subcontractors approved by RELAY CONSTRUCTION, Vendor shall be solely responsible for the acts and omissions of its Subcontractors and RELAY CONSTRUCTION’s approval of any Subcontractor shall not change Vendor’s liability in this regard. Subcontractors shall obtain and maintain all insurance coverage that Vendor is required to maintain under these Terms and Conditions.

As applicable, Vendor has inspected the place of the Services prior to the commencement of the Services to the extent it deems necessary to determine difficulties and hazards incidental to the Services (for both construction and design purposes) whether arising from the location of the Services, proximity of the Services to adjacent facilities, site conditions, equipment, and other building structures, or otherwise, and is reasonably satisfied with the nature and extent of such difficulties and hazards. No change to the Purchase Order price or Service milestones will be permitted due to Vendor’s failure to have investigated and determined the conditions affecting the Services of the Purchase Order.

Conflict of Interest:Vendor shall not engage in any activity or provide any Services to RELAY CONSTRUCTION where to do so would create a real or perceived conflict of interest with the provision of the Work. Without limiting the generality of the foregoing, Vendor acknowledges and agrees that it shall be a conflict of interest to provide Work if Vendor is related in law to another person or entity that has bid on the Work, or if Vendor uses confidential competitor or RELAY CONSTRUCTION information to support the bid for the award of the Work, or if Vendor’s employees or Subcontractors are related by family or business relationship to RELAY CONSTRUCTION employees or Client employees where such relationship can be considered to impact the award of the Work.

Vendor shall promptly disclose to RELAY CONSTRUCTION any actual or potential situation that may be reasonably interpreted as a real or perceived or potential real or perceived conflict of interest and shall comply with any Terms and Conditions subsequently prescribed by RELAY CONSTRUCTION resulting from the disclosure.

Breach of these conflict of interest provisions may result in termination of the Purchase Order in addition to any other remedies that RELAY CONSTRUCTION has for such breach in contract, in law or in equity.

Conformance:The provision of all Goods and the performance of all Services pursuant to a Purchase Order shall be free from defects, in accordance with the description which forms part of the Purchase Order, in conformance with any plans, specifications, standards, operating conditions and performance data referred to in the applicable Purchase Order, in conformance with all applicable laws, regulations, orders and permits, and in conformance with all applicable industry standards in the jurisdiction where same are delivered to, or performed for, RELAY CONSTRUCTION, and provided and performed in a timely, efficient and workmanlike manner.

In the event the Goods or Services, or any portion thereof, do not, in RELAY CONSTRUCTION’s sole opinion, comply with any of the warranties set out in this Section 6, or if the Goods or Services, or any portion thereof, are in any way defective, RELAY CONSTRUCTION may, at Vendor’s sole risk and expense, elect to: i) reject or revoke Acceptance of the Goods or Services, or any portion thereof and receive a full refund for all the Goods or Services rejected or withhold payments for such Goods or Services if such payment has not been made;

ii) require Vendor to repair or replace the Goods or Services; iii) recover the expense of such repair or replacement from Vendor.

Without limiting the generality of the foregoing, where RELAY CONSTRUCTION has contracted Vendor for provision of construction related Services, and where Deficiencies noted by RELAY CONSTRUCTION have been communicated to Vendor in writing and where correction of Deficiencies have not been completed in a reasonably timely manner by Vendor, RELAY CONSTRUCTION may correct Deficiencies and obtain reimbursement from Vendor through reduction in amounts payable by RELAY CONSTRUCTION to Vendor or invoice Vendor for said Deficiencies. Vendor shall pay such invoices within 90 days of invoice date by RELAY CONSTRUCTION.

Changes in Scope:Vendor shall not increase or decrease the scope of Work covered by a Purchase Order without written instruction from RELAY CONSTRUCTION. If the Purchase Order at any time during the progress of the Work requires any alteration or addition or omission, a new and separate Purchase Order will be issued or a change to the original Purchase Order will be issued in writing.
Price:Vendor warrants that prices shown in any Purchase Order shall be complete, and that no additional charges of any type shall be added without RELAY CONSTRUCTION’s express written consent.
Invoicing:RELAY CONSTRUCTION requires the Vendor to submit all invoices for Services to the Central Finance Department as detailed in the RELAY CONSTRUCTION Vendor Handbook, which can be found on RELAY CONSTRUCTION’s Website at: www.relayconstruction.ca. It is the responsibility of the Vendor to receive a Purchase Order before starting Work. Any invoices submitted without a corresponding Purchase Order Number will be rejected from the payment process and returned to Vendor.
Payment and Taxes:RELAY CONSTRUCTION shall pay Vendor within sixty (60) days of receiving the Vendor’s correct, conforming and uncontested invoice, of which the value must exactly match the total value of the associated Purchase Order. Payment of Vendors invoices shall be made by electronic transfer of funds unless prior arrangements for payment by cheque have been made.

Without limiting the generality of the foregoing, should a Deficiency in the Services of the Vendor prevent RELAY CONSTRUCTION from obtaining a Certificate of Satisfaction from the RELAY CONSTRUCTION customer and as a result delay invoicing by RELAY CONSTRUCTION, payment of Vendor may be delayed up to 90 days following correction of such Deficiency.

Vendor shall be responsible for the remittance to the appropriate governmental authority of all taxes, levies, duties, assessments and deductions of every nature required by Applicable law in connection with the provision of the Services pursuant to any Purchase Order.

Term:The term of any Purchase Order shall commence as of the effective date stated on the Order Page, or if no effective date is stated, then as of the order date of said Purchase Order; it shall end when (a) all Goods covered by the Purchase Order have been delivered and accepted, or (b) all Services have been fully performed, unless earlier terminated.
Termination:(a) RELAY CONSTRUCTION may at any time terminate a Purchase Order, in whole or in part, without cause, upon notice to Vendor. Upon any such termination, Vendor shall, to the extent specified by RELAY CONSTRUCTION, stop all Work related to said Purchase Order, and cause its Vendors and Subcontractors to stop Work. Charges for any such termination of said Purchase Order shall be limited to actual non-recoverable costs incurred by Vendor which Vendor can demonstrate were properly incurred prior to the date of termination. In no event shall such reimbursement include foreseeable loss of profits for undelivered Goods or unperformed Services.

(b) RELAY CONSTRUCTION may immediately terminate this Purchase Order, in whole or in part upon notice to Vendor, if Vendor: i) fails to make delivery of or perform the Supply within the time specified as indicated in the Purchase Order; ii) fails to replace or correct defective Goods or Services in accordance with the provisions of said Purchase Order; iii) becomes insolvent, files or has filed against it a petition in bankruptcy, or makes an assignment for the benefit of creditors.

Insurance:Vendor shall fulfill the following insurance obligations:
a) WCB/WSIB: Vendor must hold Workers Compensation insurance covering all employees engaged in the Subcontract Work in accordance with the statutory requirements of the province or territory having jurisdiction over such employees.

Vendor must be in “good standing” with all provincial ministries and agencies with regard to health & safety, such as WSIB, Ministry of Labour, Ministry of Environment, WorkSafe, CSST, etc.

A Clearance Certificate of “Letter of Good Standing” must be provided to RELAY CONSTRUCTION prior to commencing any Subcontract Work and must be continuously updated per provincial regulations.

b) CGL and Auto: Vendor must, at its own expense, carry and maintain during the performance of Services not less than (a) the minimum amount of insurance required to cover its indemnification obligations hereunder, and (b) the following minimum amounts of insurance: i) Workers’ Compensation Insurance: Statutory; ii) Commercial General Liability Insurance (also sometimes referred to as Public Liability Insurance): $2,000,000; iii) Business Auto Liability Insurance: $1,000,000, unless the scope of Work includes the use of a vehicle. In such instance, the limit shall be $2,000,000.
Health and Safety: Vendor shall develop, maintain and adhere to such health, safety and environmental precautions and programs as are required:
a) To comply with the rules, acts, regulations and practices required by the applicable health, safety and environmental legislation in the jurisdiction of the Service Location(s);
b) To comply with all health, safety and environmental precautions, policies and programs of the Customer and RELAY CONSTRUCTION; and
c) To prevent injury to persons or damage to property on, about, or adjacent to the site of the Subcontract Work.

In addition to the above requirements, Vendor shall develop, maintain, and adhere to a project-specific health and safety plan for the Subcontract Work, and shall make such plan available for review and Acceptance by the Customer and/or RELAY CONSTRUCTION.

Vendor shall ensure that all Vendor and Vendor Subcontractor personnel have received all necessary training in respect of the matters covered by above. If requested, Vendor shall provide RELAY CONSTRUCTION with written documentation verifying completion of the above.

The Vendor will immediately report to RELAY CONSTRUCTION any incident or near incident involving Vendor personnel, the public or property, arising from Vendor’s performance of the Subcontract Work. Vendor shall provide a written initial report to RELAY CONSTRUCTION of its investigation of said incident within 24 hours of its occurrence.

Unless RELAY CONSTRUCTION otherwise directs, Vendor and all Vendor Subcontractors shall attend the following health and safety meetings: (a) pre-job orientation; (b) an orientation prior to entering any site of Work; (c) daily tailgate briefings; and (d) such other meetings required by RELAY CONSTRUCTION from time to time to review the status of the Work and Vendor’s compliance with the requirements of this Section 14.

Labour Laws:Vendor shall comply with all applicable labour laws, and with all health conditions and requirements, as may be from time to time applicable to the Work.
Warranty and Deficiencies:All workmanship is to be fully guaranteed by the Vendor for two (2) years after acceptable completion of the Services in accordance with this Purchase Order. Roof warranties are to be for a minimum of five (5) years workmanship, and ten (10) years on materials. A copy of the roof warranty is to be submitted to RELAY CONSTRUCTION in the customer’s name, upon completion. All manufacturers’ warranties that come with equipment (i.e., fixtures, tubs, etc.) supplied by Vendor, all product data and all user guides and manuals, are to be given to the RELAY CONSTRUCTION Construction Manager or Project Manager upon completion of the project, and prior to submission of the Vendor’s final invoice.

If workmanship or materials Deficiencies are found, the Vendor will be advised immediately. Vendor is liable for the costs of repairs which must be completed within three (3) days of notification of the discovery of Deficiencies or as agreed upon by both Parties. If RELAY CONSTRUCTION is required to engage another Vendor, RELAY CONSTRUCTION will have the right to pursue Vendor for all costs plus any additional amounts incurred to remedy the Deficiency. In accordance with Section 6, RELAY CONSTRUCTION may receive a refund or withhold payment for any amount owing to the Vendor.

Confidentiality:The Parties agree to protect and keep confidential all data and information disclosed by each Party in relation to any Agreement or Purchase Order between the Parties.

The provisions of this Section 17 shall survive the termination of this Work Order.

Indemnity:The Vendor shall be liable to, and shall indemnify and save harmless the Indemnified Parties from, all Claims arising from safety infractions; infringement or alleged infringement of patents; damage to property; injuries to persons including death, Vendor negligence, breach of Subcontract Work, a Default Event, Claims by employees or agents of the Vendor; construction liens against the Job in respect of the Subcontract Work; interference with or delays; any event caused or contributed to by the Vendor for which RELAY CONSTRUCTION is required to indemnify their Customer under the Job; or any other acts or omissions of the Vendor or any of its directors, officers, agents, employees, servants, material Vendors, Vendor Subcontractors or assignees with respect to the Subcontract Work. Without abrogating or waiving.

RELAY CONSTRUCTION’s other rights, in the event Vendor fails to promptly honour the Terms of this provision upon demand by RELAY CONSTRUCTION, RELAY CONSTRUCTION may set-off against any monies otherwise due to Vendor by RELAY CONSTRUCTION. Without limiting any other provision herein, RELAY CONSTRUCTION may set-off against any monies otherwise due to Vendor to the extent of any amounts charged to RELAY CONSTRUCTION by their Customer arising from the performance of Vendor’s Work.

Assignment:The Vendor shall not assign a Purchase Order or Vendor Agreement without the prior written consent of RELAY CONSTRUCTION, and any assignment made without such consent shall be of no effect.
Criminal Background Checks:Vendor may be required to provide documentation evidencing that all Vendor employees whom Vendor intends to work on certain RELAY CONSTRUCTION jobs, have a completed criminal background check, which results must be acceptable by RELAY CONSTRUCTION. Vendor is responsible for the third-party fee to complete the background checks.
Force Majeure:Notwithstanding anything to the contrary outlined in a Purchase Order or Vendor Agreement, neither Party shall be liable for delay or non-performance caused by any of the following circumstances when beyond its control: acts of God, explosions, riots, extreme natural disasters, wars, sabotage or terrorism (i.e.,“Force Majeure”). Should an event of Force Majeure make it impossible for a Party to perform its obligations hereunder, the affected Party shall try to reduce or mitigate the adverse impact of the event. The affected Party shall notify the other Party that it considers that an event of Force Majeure has occurred. If the adverse impact cannot be eliminated completely, such non-performance shall be excused for the duration of the event of Force Majeure. If, however, the event of Force Majeure lasts more than fifteen (15) days from the original notification, any applicable Purchase Order may be terminated in whole or in part by the non-affected Party.
Applicable Law:These Terms and Conditions set forth shall be governed by and construed in accordance with the laws of the province of Alberta and the federal laws of Canada applicable therein. RELAY CONSTRUCTION and Vendor attorn to the exclusive jurisdiction of the Courts of the Province of Alberta.
Notices:Any notice, invoice, approval, consent or communication for a Purchase Order shall be in writing, and delivered in person or by mail, courier, facsimile or electronic mail to the addresses set forth on the Order Page.

Subcontractor Representations & Warranties

Subcontractor / Provider hereby certifies that it is in compliance with all provincial and federal wage and hour and other employment laws applicable to the province where the project is located, and that it will:

pay employees for all time worked, including compensable travel time, and prohibit off the clock work
compute wages in compliance with applicable overtime laws
Enforce compliant meal, rest and heat recovery period policies and practices, including payment of premiums for missed or non-compliant breaks as required by law
Maintain all necessary payroll records in accordance with applicable law, including records of start and stop times of shifts and meal periods
provide employees applicable state compliant pay stubs
comply with applicable state law with respect to any use of direct deposit and pay cards
pay employees all wages timely, including at the end of the payroll period and at the time of termination or resignation
not make any cash wage or bonus payments
reimburse all appropriately incurred business expenses by check
Ensure that any piece rate plan is in compliance with applicable law and includes pay for non-productive time
Appropriately classify its employees as exempt or non-exempt in accordance with provincial and federal law
ensure its independent contractors are appropriately classified under federal and state law
maintain anti-harassment, anti-discrimination and anti-bullying policies, and ensure that it has trained its managers and/or supervisory employees in compliance with state law
Provide policies, including meal, rest break, off-the-clock, and anti-harassment policies to its employees in English and French
provide appropriate sick leave in accordance with state and federal law

Subcontractor / Provider represents that it is not currently, nor has it been in the past five (5) years, the subject of any wage and hour litigation.

Subcontractor / Provider acknowledges that the foregoing representations and warranties are truthful and accurate, and further acknowledges that any claims against Relay Construction Inc. stemming from or related to the above practices are subject to the “Indemnification” provisions of the Master Services Agreement.

COMPLIANCE WITH LABOUR LAWS

Employment Authorization: The Labour Provider/Subcontractor represents and warrants that all labourers provided to Relay Construction are legally authorized to work in Canada. The Labour Provider/Subcontractor shall ensure that all such labourers possess valid work permits, visas, or other necessary documentation as required by Canadian immigration and employment laws.

Compliance with Labour Laws: The Labour Provider/Subcontractor agrees to comply with all applicable federal, provincial, and local labour and employment laws, regulations, and standards. This includes, but is not limited to, laws and regulations related to wages, working hours, health and safety, workers’ compensation, immigration, and non-discrimination.

Documentation and Verification: The Labour Provider/Subcontractor shall maintain accurate and complete records of all documentation verifying the employment authorization of each labourer. Upon request, the Labour Provider/Subcontractor shall provide Relay Construction with copies of such documentation to verify compliance.

Audit Rights: Relay Construction reserves the right to audit the Labour Provider/Subcontractor’s records and practices to ensure compliance. The Labour Provider/Subcontractor agrees to cooperate fully with any such audit and to provide access to relevant records and personnel as reasonably requested by Relay Construction.

Notice of Changes: The Labour Provider/Subcontractor shall promptly notify Relay Construction of any changes in the employment authorization status of any labourer provided to Relay Construction and any changes in applicable laws or regulations that may affect the Labour Provider/Subcontractor’s compliance.

Subcontractor Handbook

INTRODUCTION

Relay Construction Inc. (“Relay Construction”) provides construction and reconstruction services nationwide. We are extremely proud of our entrepreneurial and regional heritage. Our corporate structure gives us scale, stability, and capabilities unsurpassed in Canada, and our regional and local expertise keeps us connected to our communities.

Your signed acknowledgement demonstrates the willingness of your company and your employees to join us in our commitment to a balanced and effective environmental, health, and safety compliance program.

We value our relationship with you, and we greatly appreciate your cooperation.

OUR VALUES: HOW WE DO THINGS HERE

Our Values:

Sense of Urgency:We move quickly to support our customers and each other, anytime, anywhere, and without hesitation. We know that our team members count on us, so we are responsive when they reach out for help.
Gather and Grow Talent:We know that our success is based on our people. We make it a priority to coach, teach and mentor to ensure that our teams are developing and growing, and that the right people want to join our journey.
Accountability:We take ownership of the business and do what we say we will do. We hold each other and our external partners to the highest standards of performance. We treat each other with respect and operate with the highest ethical standards.
Do the Right Thing:We take pride in working safely, while consistently doing the right thing by our teammates, our customers and our company, with integrity and trust.
Have Fun:We work hard, have fun and make friends along the way. We value life outside of work and in our communities. We take pride in our accomplishments and celebrate our success.

INVOICING INSTRUCTIONS/PAYMENT PROCESS

1) Please send your invoices to the following addresses for payment:

REGULAR POST:

c/o Accounts Payable

10811 Bradbury Drive SW
Calgary, AB T2W 1B1

EMAIL:
accounting@relayconstruction.ca

2) Relay Construction requires the following information to be included on all invoices:
• Complete company information
• Unique invoice number
• Valid GST/HST number
• Purchase Order (“PO”) number
• Job number or name and address of client
• Name of Relay Construction contact
*Note – Relay Construction will not pay from estimates, quotes or work orders.

3) When Relay Construction Payables receives an invoice, it MUST match the corresponding Purchase Order. If an invoice is received from a Subcontractor and the amount does not match the Purchase Order, the invoice will be rejected and returned to the Relay Construction Branch.

4) An invoice can be paid only when the corresponding Purchase Order is “received” within the system by the appropriate representative of the Relay Construction Branch. When an invoice is “received” it serves as confirmation that the scope of work indicated within the Purchase Order has been completed to satisfactory/expected levels, and payment can be processed.

*Note: It is strongly recommended that the Subcontractor confirms with the appropriate Relay Construction contact—such as the Project Manager, Construction Manager or File Manager—that the work was completed satisfactorily and that the contact has “received” the Purchase Order.

PURCHASE ORDERS

A Purchase Order (“PO”) will be awarded for work to be performed on a project. The Purchase Order will also stipulate a start date and a completion date. No work is to be performed without a system-generated Relay Construction Purchase Order.

For emergency work, the following will occur:
• The Subcontractor will receive Scope of Work details from the Relay Construction contact, such as the Project Manager or Construction Manager. The Scope of Work details will include any relevant “do not exceed” amounts as well as any relevant expectations pertaining to the work.

The Subcontractor will begin emergency work as per the Scope and create a Statement of Work, which will include expected details and amount for the job. The Subcontractor must email the Statement of Work to their Relay Construction contact.
A Purchase Order will be created based upon the Statement of Work details and provided to the Subcontractor.
Upon job completion, the Subcontractor will send their invoice to the applicable Accounts Payable email address and copy the appropriate Relay Construction contact.

COMMUNICATION BETWEEN RELAY CONSTRUCTION AND THE SUBCONTRACTOR

FOR ASSIGNMENT OF WORK

At a minimum, the Subcontractor shall have the following communication capabilities through which requests for work can be made during:
• Normal working hours: for all Subcontractors, constantly attended telephone, either cellular or otherwise, or alphanumeric pager.

Outside normal working hours: for Subcontractors not required to have emergency response capability, a telephone answering service.
Outside normal working hours: for Subcontractors with required emergency response capability, constantly attended telephone, either cellular or otherwise, or alphanumeric pager.

The Subcontractor shall keep Relay Construction informed of the emergency service telephone numbers through which the Subcontractor can be contacted both during and outside of normal working hours.

PRIOR TO WORK COMMENCING

In addition to all other requirements, prior to commencing work, the Subcontractor must provide a Start and Completion date for any work assigned by Relay Construction. If the Subcontractor experiences delays and will be unable to meet the outlined commitments, the Subcontractor must contact the Project Manager or Construction Manager immediately to advise.

COMMENCEMENT OF WORK

When greeting the Customer, the Subcontractor will present the Relay Construction Purchase Order, explaining to the Customer that they’ve been selected by Relay Construction to perform the work. In addition, Subcontractor must comply with Relay Construction etiquette standards (see “Customer Experience” section).

Upon commencement of work, the Subcontractor must communicate regularly with Relay Construction, updating the Relay Construction contact on the status and current stage of the work. At a minimum, the Subcontractor must provide regular updates.

The Subcontractor must inform the Project Manager or Construction Manager of any unexpected issues or delays that will impact the completion date.

Questions raised by the client that need to be addressed should be forwarded to the appropriate Relay Construction representative.

The Subcontractor must advise Relay Construction immediately of any deficiencies in workmanship. Any deficiencies must be corrected within 3 days, or as agreed upon by both parties in writing.

ESTIMATES/QUOTES

The Subcontractor is expected to have familiarized itself with the job specifications and all other conditions which may affect the performance of the contract. All estimates are to be written and submitted within 24 hours of the request, or within a timely manner agreed to by both parties.

All estimates must include the following:
• A reasonable breakdown of work to be performed, including a brief description as well as labour and material costs
• Any special conditions or work not included; and
• Anticipated length of time that the work will take.

ACCEPTANCE OF THE ESTIMATE

Should the Subcontractor be the successful bidder on a project, Relay Construction will issue a Purchase Order to the Subcontractor. The Purchase Order will outline the scope of work as well as the price. The Purchase Order number must be referenced on the Subcontractor’s invoice.

EXTRA WORK AND CHANGE ORDERS

At the start of a new project, the Relay Construction Project Manager or Construction Manager must review the Scope of Work with the Subcontractor. Under no circumstance shall the Subcontractor alter the Scope of Work without obtaining written approval from the Relay Construction Project Manager or Construction Manager. All changes to the work, and any additional work, must be approved by the Relay Construction Project Manager or Construction Manager.

If any changes or additions to the work occur (and are approved), the existing Purchase Order will be revised to reflect the new scope. No commencement of the additional work is to occur until the Subcontractor receives the updated Purchase Order.

QUALITY AND WORKMANSHIP

QUALITY ASSURANCE

All work is to be in accordance with all applicable National Building Codes and Municipal Bylaws, and standard industry building practices. The Subcontractor is expected to perform work in such a manner as to preserve the aesthetic and structural integrity of materials and construction. Finishes are to be installed level, plumb and true; and to be free of blemishes, voids or holes. Defective work or material shall be reworked and/or replaced at the Subcontractor’s expense. All costs arising as a result of poor workmanship or defective materials shall be the responsibility of the Subcontractor.

SITE ACCESS

Please use the street or designated area for parking and, if possible, refrain from parking in the customer’s driveway or parking lot. Act with courtesy and use the walkway to the home or business. If using a lockbox, please knock before entering. Otherwise please knock, introduce yourself, and advise of your work with Relay Construction. No Subcontractor is to enter a home or business without direction from Relay Construction to do so.

SITE ACCESS ARRANGEMENTS: Subcontractors shall be responsible for making arrangements with Relay Construction customers or job sites for access or entry to the premises to carry out work required under the job. If an occupant or business representative is not available, the Subcontractor shall leave a message notifying the occupant or business representative, and the Relay Construction representative, of its visit and ask the occupant or business representative when access can be obtained to the premises, in order to carry out the work required. The Subcontractor shall not enter any premises without the prior consent of the occupant or business representative.

SITE PROTECTION

Site protection of the job is the Subcontractor’s responsibility. The Subcontractor shall take reasonable steps to protect the general public, the work area, and existing and adjoining finishes from damage during the time that work is in progress. The Subcontractor and its employees must dust protect any unprotected area before starting work. Drop cloths and poly sheeting must be used to protect floors and other finishes. The Subcontractor shall be liable for any loss or damage caused by the Subcontractor or its employees. Always ask permission before entering the home or business of a customer; wipe your feet, and / or remove your shoes, or if possible, use boot covers.

CUSTOMER EXPERIENCE (CODE OF CONDUCT)

Each and every interaction with our customers is an opportunity to improve their overall customer experience with Relay Construction.

CRIMINAL RECORD CHECK

Relay Construction may request at any time that the Subcontractor provide a clear criminal record check for any employees present, or expected to be present, during the Subcontract Work. The Subcontractor is responsible for providing requested documents in a timely manner.

BEHAVIOUR ON SITE

Creating a good Customer Experience is important to Relay Construction, and while you are working with customers, we expect that you will respect that commitment. While working, assume the customer is always listening and keep conversations respectful, professional and appropriate.

Use of the customer’s appliances, equipment, tools, cleaning materials, sinks or other property is not permitted.

JOB SCHEDULE

Relay Construction will give the Subcontractor as much notice as possible in order to be able to schedule personnel, material deliveries and inspections. The Subcontractor needs to strictly adhere to the job schedule, as determined by all parties. If a job schedule cannot be met, the Subcontractor must notify the Project Manager or Construction Manager as soon as possible.

Any off-hour, weekend or holiday work must first be approved through the Project Manager or Construction Manager.

HOUSEKEEPING

All Subcontractors will be required to have their work areas kept clear of debris on a daily basis. The Subcontractor is responsible for, and will remove, all work-related debris from the site. The site will be left in “broom clean” condition at the end of each day.

CUSTOMER SAFETY AND SECURITY

The Subcontractor is responsible for the safety and welfare of the customer regarding work completed by the Subcontractor. The Subcontractor will make certain the job site is locked at the end of each day. The Subcontractor will secure all tools, equipment and materials to avoid any accidents.

If job sites are accessible by lock box, the Subcontractor will keep this combination confidential. The Subcontractor must ensure that the keys have been returned to the lock box, and that the lock box is secure.

UNSUITABLE WORK

Relay Construction reserves the right to remove any person who, in the opinion of its representative, is unqualified, incompetent or has conducted himself improperly, including but not limited to, level of service or safety violations.

SMOKING AND ALCOHOL

SMOKING

No smoking is permitted in a customer’s building or on their property, even with customer authorization.

ALCOHOL AND DRUGS

Consumption of alcohol or drugs prior to or during an assignment will not be tolerated and will result in immediate dismissal.

COMPLIANCE WITH LABOUR LAWS

Commercial Work Authorization

In the event that Relay Construction is refurbishing the property by replacing damaged or destroyed materials, it will use its commercially reasonable efforts to match the colour and design of the original, damaged materials unless otherwise agreed to by the parties in the Scope of Work. Relay Construction makes no representation as to the fitness of the materials used by it for any specific purpose.
The Client agrees to provide Relay Construction with reasonable access to the property, as required to perform the Work according to the estimated timeline in the Scope of Work. Unless stipulated otherwise, the Client’s electricity, water and toilet are to be available to Relay Construction’s personnel at no additional charge.
Relay Construction will use its commercially reasonable efforts to complete the Work within the estimated timeline, but makes no representation that the Work will be completed within such timeline and shall not be held liable for any damages caused by any delays, including without limitation delays caused by: (i) strikes, acts of God, riots, changes to laws, labour strife or other force majeure events, (ii) by the actions or inactions of the Client or any other third party, including without limitation the Insurer. Relay Construction will promptly communicate any expected delays in respect of the completion of the Work to the Client.
The Client acknowledges that often damage to the property will be hidden or unforeseeable prior to execution of the Scope of Work. Any amendments to the Scope of Work, which result in extra costs or significant delays, should be agreed upon by the Client and Relay Construction in writing (each, a “Change Order”) and will become part of this Commercial Work Authorization. If Relay Construction incurs additional costs necessary to perform the Work which were not anticipated in the Scope of Work, the Client shall remain liable for the payment of such additional costs, even if the Client and Relay Construction have not executed a Change Order. Upon execution of any Change Order, which increases the estimated cost of the Work, the Client shall pay 50% of the amount by which the Change Order increases the original cost. The remaining 50% will be due upon completion of the Work.
The Client shall be liable for the replacement or cost of any of Relay Construction’s materials or equipment that are lost, stolen or damaged, provided that such damages are caused by the actions or omission of the Client or its representatives.
The Client acknowledges that Relay Construction may use certain disinfectants, fungicides, and/or chemicals during the execution of the Work and agrees to release and discharge Relay Construction from any liability, directly or indirectly, whether known or unknown, in respect thereof. Client may request information on these products at any time throughout the Work from Relay Construction.
The Client acknowledges that Relay Construction cannot anticipate all dangers or conditions that may be present at the property and, hereby, waives, releases and discharges Relay Construction, its directors, officers, employees, consultants, agents, limited partners and sub-trades from any liability resulting from loss, damage or injury caused by the escape, and/or disposal of any pollutants, irritants, mould, fungi, spores, asbestos or other contaminant waste that was present at the job site prior to the commencement of the Work.
Relay Construction reserves the right to substitute any materials or products with other products of similar, equal or superior quality, utility, and/or colour.
The Client (and if multiple owners of the property, then jointly and severally) agrees to indemnify and save Relay Construction, its directors, officers, employees, agents, and sub-trades harmless from any loss, liability, damages or expenses (including legal fees) suffered by or resulting from the negligence, willful actions or breach of this Commercial Work Authorization by the Client, including without limitation all costs, damages or penalties relating to the Client’s non-compliance with laws or regulations pertaining to, but not limited to, building and fire codes.
The Client authorizes Relay Construction to take pictures of the exterior and interior of the property. Client hereby consents to Relay Construction’s disclosure of any pictures, diagrams, Scope of Work, estimates, or other information necessary for the completion of the Work to insurance adjusters and agents, insurance companies, engineers, subtrades, material suppliers, service providers, any agencies retained for collection of outstanding accounts, federal, provincial, and municipal authorities, and others as deemed necessary.
If the Client is included, or is a co-payable signatory, on any payments from the Insurer related to the Work, the Client warrants to promptly endorse that payment directly to Relay Construction.
If the property is encumbered by a mortgage, Client is responsible for cooperating with its mortgage company and Relay Construction in order to facilitate timely payments to Relay Construction.
Design and Plan Flaws – Relay Construction shall not be responsible for the negligent, fraudulent or willful conduct of any third parties, including any engineering or architecturally designed flaws in respect of the Client’s property.
Client’s Responsibilities – The Client agrees to the following, as a minimum:
1. To carry any and all insurance on the building, covering risk of loss, during the Work.
2. To not interfere with Relay Construction workers, which could delay or disrupt the Work; or perform any work, personally or through an agent, on the property, without the direct written consent from Relay Construction.
3. To not enter into any agreement with any tradesman, subcontractor, or Relay Construction employee without the direct written consent of Relay Construction.
Relay Construction’s Responsibilities – Relay Construction agrees to the following, as a minimum:
1. To direct and control the Work in accordance with the Scope of Work and comply with all applicable laws.
2. To maintain commercial general liability and environmental coverage insurance and ensure that all sub-contractors carry appropriate insurance.
3. To maintain the property in a safe and clean condition, subject to the nature of the Work being performed.

Ethics Statement

Relay Construction Inc. (“Relay Construction”) requires its Subcontractors and Providers to conduct business in a professional and ethical manner.

Relay Construction requires its Subcontractors and Providers to apply the following ethical behaviour in all dealings with Relay Construction, its clients and team members.

Our employees are forbidden from owning or having ANY interest in ANY Subcontractor or Provider. Likewise, our Subcontractors and Providers acknowledge and agree that they have not and will not enter into any type of ownership agreement and/or inducement, whether written, spoken, implied or understood with Relay Construction employees.
Relay Construction employees are forbidden from receiving any payment or other consideration for work from Subcontractors or Providers. This includes any gifts in trade, cash, trips or anything which may or may be considered “kickbacks” or other benefits or consideration, in order to gain favour in obtaining work from Relay Construction or its employees. Likewise, Subcontractors and Providers are prohibited from offering any inducement to any Relay Construction employee. Should you ever be asked to provide an inducement, please call Relay Construction at 403-862-0026 and ask to speak with Relay Construction’s Chief Legal Officer.
Relay Construction employees are forbidden from asking Subcontractors or Providers to perform any action which would violate any local, provincial or federal laws. In addition, Subcontractors and Providers should never perform any action that is unethical, unlawful or unsafe. Should you ever feel you are being asked to do anything which would violate local, provincial or federal laws or is otherwise unethical or unsafe, please call Relay Construction at 403-862-0026 and ask to speak with Relay Construction’s Chief Legal Officer.
All Subcontractor and Provider records must be true and accurate. Relay Construction employees are forbidden from asking that invoices be modified to reflect anything other than actual and true costs, materials, labour or other changes. Subcontractors and Providers are prohibited from modifying invoices or bills to indicate any amount other than that reflecting actual invoice amounts and those which the Subcontractor or Provider expects to be paid in full by Relay Construction. Production of dual invoices or statements indicating different amounts other than what is expected to be paid is forbidden. Should any Relay Construction team member or employee ever ask you to provide two invoices showing different amounts, please call Relay Construction at 403-862-0026 and ask to speak with Relay Construction’s Chief Legal Officer.
While working on Relay Construction job sites, any client information, documentation or proprietary information shall be and remain confidential. If you are ever approached by anyone, other than a Relay Construction representative, and asked about the client for whom you are working or the project you are working on, you agree to contact the Relay Construction supervisor directly responsible for that job BEFORE acting upon the outside request.
Should Relay Construction ever need to conduct an investigation regarding a client or project, Subcontractor or Provider agrees to fully cooperate in such investigation.
By acknowledging this Ethics Statement, the Subcontractor or Provider agrees to conduct business with Relay Construction and its clients in an ethical and professional manner, specifically acknowledging and agreeing to the matters set forth herein. This document is not meant to cover every ethical issue and is not a recitation of all laws and policies which apply to Relay Construction’s business.

COMPLIANCE WITH LABOUR LAWS