Parties & job site

Emerald Pools & Spas ("Contractor") agrees to furnish labor, materials and equipment to construct the swimming pool described below at the job site for the Owner named above, for the Contract Price and on the terms set out in this Agreement.

Swimming pool construction specifications

Scope of work

Plan & design renderings

Illustrative; dimensions and layout per the approved plans and the scope above.

Selected options & pricing

Payment schedule

Internal: payment schedule carried over from v55 — verify with the owner before use. Not printed or emailed.

Draws are due on the day the stage is completed. Work on the next stage begins on receipt.

Payment is by bank financing — see the financing terms beside the signature block.

Obligations of the buyer

Internal: this list is new to the Emerald contract — verify the wording with the owner before use. Not printed or emailed.

Unless listed in the scope above, the Owner agrees to:

1. Approve the pool layout and elevations on dig day and verify the location of property lines.
2. Provide Contractor access from the street to the construction site; remove and replace access walls, fencing and gates in the work path.
3. Locate and mark private utilities (irrigation, landscape lighting, septic, drain and gas lines). Public utilities are located through Arizona 811 (Blue Stake).
4. Pay for rerouting of overhead or underground utilities when required.
5. Pay additional costs caused by underground obstacles, including but not limited to rock, caliche, buried debris, old plumbing or electrical lines, or groundwater.
6. Pay for soils reports, grading permits, deputy or special inspections, and any costs due to soil with inadequate bearing capacity, if required.
7. Pay for an electrical panel change or service upgrade if required by local code or if the existing service is inadequate.
8. Obtain and pay for HOA or architectural approval, if required.
9. Provide all pool safety barriers your city requires before the pool is filled — pool fence, self-closing and self-latching gates, and door or pool alarms — and any inspection they need.
10. Provide water and electricity during construction; water-cure the shotcrete shell as directed (minimum 7 days).
11. Fill the pool immediately after the interior finish is applied and brush it as instructed; follow the start-up instructions.
12. Pay for damage to streets, sidewalks, driveways, walkways, irrigation, sod and other items, known and unknown, in the access path and construction site, caused by normal equipment traffic.
13. Maintain the pool and its water chemistry after completion.

Owner responsibilities

• Provide clear access to the job site of the width shown in the quote; remove or relocate landscaping, irrigation, fencing and personal property in the work path.
• Locate and mark private utilities (irrigation, landscape lighting, septic, drain lines). Public utilities are located by Blue Stake.
• Provide water and electricity during construction and fill the pool when directed.
• Obtain HOA or architectural approvals if required.
• Maintain water chemistry and follow the start-up instructions after plaster; the pool must be brushed daily for 14 days.

Exclusions (unless listed in the scope above)

• Rock, caliche or hard-dig excavation; dewatering; import or export of soil beyond normal spoils; pre-grading.
• Pool safety barriers required by city code, including but not limited to fencing, self-closing and self-latching gates, and door or pool alarms; the final requirements are set by the city inspector. Engineering beyond standard plans.
• Gas line, electrical service upgrades or sub-panels beyond what is itemized; relocation of existing utilities.
• Landscaping, irrigation repair, drainage, patio covers, outdoor kitchens, masonry walls.
• Repair of damage to driveways, sidewalks, curbs, walls or landscaping on the access route caused by normal equipment traffic.
• Sales tax, permit fees or inspection fees not itemized above; costs arising from HOA conditions.

Required notices

PAYMENT AND PERFORMANCE BONDS (A.R.S. § 32-1158.01). Purchaser has the right to request that Contractor furnish standard payment and performance bonds in the form approved by the Arizona Registrar of Contractors. Purchaser pays the cost of the bonds; Contractor may not add any surcharge or service charge. If Purchaser does not request bonds, payments are limited by law to the schedule in this Agreement: no more than 15% at signing, 25% after excavation, 25% after steel, plumbing and shotcrete, 25% after decking, and the balance before the interior finish.

RIGHT TO WRITTEN MATERIALS. Purchaser has the right to receive, on request, written material describing A.R.S. § 32-1158.01 and the Registrar of Contractors' complaint and dispute procedures. Purchaser also has rights under A.R.S. Title 44, Chapter 15 (Home Solicitation and Referral Sales), including the right to cancel described below.

REGISTRAR OF CONTRACTORS (A.R.S. § 32-1158). Contractor is licensed by the Arizona Registrar of Contractors, license ROC 152443. Owner has the right to file a written complaint with the Registrar for an alleged violation of A.R.S. § 32-1154(A). Complaints must be made within the applicable time period set out in A.R.S. § 32-1155(A). The Registrar can be contacted at 1700 W. Washington St., Suite 105, Phoenix, AZ 85007, (602) 542-1525, or online at www.azroc.gov. Owner is encouraged to discuss any unsatisfactory work with Contractor before filing a complaint.