The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.

The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

1.SCOPE OF WORK

The following outlines the scope of work to be completed by the Contractor

for the Client completed at or above local code and/or industry standards within a

reasonable time frame from start date notwithstanding extraordinary

circumstances or Acts of God which may hinder progress. Any changes to be

made to the following scope of work, either from the Client or the Contractor and

the associated costs must be approved in writing by the opposing party;

I. If applicable, apply for permits with city

II. Determine pool location and elevation with Client’s approval

III. Excavate pool and trench to equipment pad and removal of unwanted material, this cost may or may not be included, please refer to quote

IV. If quoted, hire a geotechnical firm to assess ground quality

V. Supply and install steel pool walls and composite or steel steps of quoted size

VI. Supply and install sono-tubes to support concrete patio if necessary

VII. Pour concrete collar around pool walls

VIII. Backfill over-dig (approximately two feet from pool edge) with 3⁄4” minus crushed gravel or equivalent up to concrete patio height

IX. Supply and install one skimmer with continuous run to equipment pad

X. Supply and install two main drains with continuous run to equipment pad

XI. Supply and install return jets each with continuous run to equipment pad

XII. Plumb entire pool with schedule 40 PVC pipe, 2” suction lines and 1.5” returns

XIII. Independently valve each line and connect to manifold

XIV. Supply and install current collector inline with pipes

XV. Supply and install quoted LED colour changing lights in conduit to above grade and supply necessary transformer for electrician

XVI. Supply and install anti-electrolysis magnesium anode

XVII. Supply troweled concrete pool bottom

XVIII. Supply and install quoted pool pump of appropriate size

XIX. Supply and install quoted filter system of appropriate size

XX. Supply and install quoted heater of appropriate size

XXI. Supply and install quoted salt generator of appropriate size

XXII. Supply quoted pool automation system for electrician to install

XXIII. Supply and install water features, if quoted

XXIV. Supply and install automatic pool cover, if quoted

XXV. Perform successful pressure test of all buried plumbing

XXVI. If applicable, contractor will coordinate with subcontractors to complete the electrical and gas hookups

XXVII. Supply and install quoted pool coping forms

XXVIII. Contact city to perform all required inspections

XXIX. Contractor will be present for the concrete patio pour day to ensure concrete pool coping is up to standard determined by Contractor

XXX. Supply and install 30MIL vinyl liner to be chosen by Client

XXXI. Supply and install thermal solar blanket and storage roller or autocover, if quoted

XXXII. Supply and install winter safety cover, if quoted

XXXIII. Fill pool with water, start up equipment and bring chemistry in balance and water quality to safe swimming standard

XXXIV. Supply Client with maintenance kit including vacuum head, hose, pole, leaf skimmer, brush and chemical test kit

XXXV. Contractor will give Client a complete orientation on all pool equipment operation and maintenance

XXXVI. Contractor will clean up work site to a state as to not create additional work for subsequent trades

XXXVII. Contractor will coordinate with quoted subtrades to complete their portion of the project

XXXVIII. Contractor will perform up to 4 free follow up visits to test water chemistry, teach pool operation basics and ensure proper operation

XXXIX. Contractor will winterize pool for the first winter free of charge, and will charge an industry standard rate to perform winterizations every year thereafter

2. CLIENT RESPONSIBILITIES

The following outlines possible circumstances that the Contractor will not be held liable for and the Client should have the expectation and means to deal with such events. The following items may be included in the scope of work but if they are not, the Client takes full responsibility for their completion relieving all obligation on the Contractor for their completion. The Contractor has relationships with reputable subcontractors that can be referred to the Client to complete such work but all work performed by these subcontractors will be between such subcontractors and the Client and the Contractor will hold no liability for any disagreements in the quality or scope of work, billing, time frame or any and all conflicts between subcontractors and Client.

I. Unless included in quote, repairing any damage of the Clients surrounding property including but not limited to sod, gardens, bushes, trees, fencing, flowers, outdoor lighting, decks, concrete, side walks, driveways, pavement, patios, site access etc. The Contractor will make all reasonable efforts to avoid unnecessary damage and will only be liable for damages incurred from extraordinary events of the Contractor’s fault that are not reasonably expected to occur from the completion of the scope of work as described in this Contract

II. Unless included in quote, the Client must install a fence that meets local code requirements before the liner is installed and pool filled with water. Minimum 4’ tall fence with self closing gate. The Contractor will provide temporary plastic fencing while the job is under construction, temporary metal fencing if requested will be an additional charge

III. The removal or modification of any under ground services including but not limited to sewer lines, water lines, gas lines, power lines, data lines, phones lines, septic fields or tanks etc.

IV. Unless included in quote, the removal or modification of irrigation systems, including but not limited to manifolds, piping, sprinkler heads, drip systems, wiring, etc.

V. The Client must not limit access to the job site during day light hours seven days a week once the Project is started until completion and final payment has been made unless the Contractor is given 48 hours’ notice.

VI. The Contractor will not be held liable for damages to any pool equipment the Contractor supplies due to incorrect installation performed by subcontractors hired by the Client. This includes but is not limited to the electrical hookup of the pump, heater, lights, and automation system or natural gas hookup to the heater.

3. EXTRAS AND OVERAGES

Any extras or overages incurred while completing the required subtrade aspects of the project are the direct responsibility of the Client.

I. Work performed by the contractor not described in the quote or scope of work will be billed to the Client at $80/hr for basic labour and $120/hr for skilled labour.

II. A management fee of 10% will be added to all work performed by subtrades hired by the Contractor

III. The Client will be provided a quote from a reputable and recommended concrete finishing company and the client will make the final decision on going ahead with this company or otherwise. The Client will pay the contractor directly, who will then pay the concrete finishers.

IV. The Contractor has the sole discretion on the subtrades to be hired except as described in section 3.III, directly above.

V. The Contractor will not be liable for any costs incurred by the client or subcontractors for any weather or runoff related delays hindering the progress of the Project

The following will be will billed to the client:

VI. Any charges incurred from the Geotechnical assessment. This includes any work required by the Geo to bring the excavation to their standards. This includes but is not limited to; further excavation of the hole, material and trucking, rental of compaction equipment, labour involved and compaction testing.

VII. Any unexpected delays in the excavation of the hole, this includes but is not limited to; large rock removal, trees roots, bed rock, hardpan, blasting, unstable soil, natural or man-made artifacts

VIII. Any overages caused by excessive over digging and subsequent backfillingdue to unstable soil

IX. Any delays or additional expense of dealing with ground water above and beyond the quoted supply and installation of a hydrostatic pressure release valve