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Home My WebLink AboutC03-155 Craig Tate dba Home Energy Analysis and Testing.. ~ e ~ ~ ~ ~ i ~.~-~ l AGREEMENT FOR PROFESSIONAL SERVICES REGARDING IDENTIFYIl~TG METHODS FOR IIVIPROVING ENERGY EFFICIENCY AT THE RIVERVIEW APARTMENTS This Agreement for Professional Services ("Agreement") dated as this ~ day of ~ 2003 is between the Eagle Riverview Affordable Housing Corporation ("Riverview"), and Craig Tate, d/b/a Home Energy Analysis and Testing. ("Contractor'. Recitals WHEREAS, Riverview owns and operates the Riverview Apartment Complex located in Avon, Colorado. WHEREAS, Riverview is desirous of pursuing grant funding through the Colorado Energy Assistance Foundation ("CEAF'~ for the purpose of improving energy efficiency for the Riverview Apartments WHEREAS, prior to pursuing said grant funding, Riverview desires to evaluate and identify methods for improving energy efficiency at the Riverview Apartments. WHEREAS, Contractor has represented that it has the expertise and personnel necessary to properly carry out this evaluation and identification. NOW, TI~REFORE, in consideration of the terms and covenants stated herein, Riverview and Contractor agree as follows: Agreement Scope of Contractor's Services: The Services shall be comprised of the following: The work will consist of identifying and evaluating improvements that can result in energy savings at the Riverview Apartments located in Avon, Colorado. The contractor will inspect and sample four units (two of which will be two-bedroom apartments and two of which will be three bedroom apartments) and the inspection will include, among other items, a Blower Door test for each of these units. From this sampling of units the contractor will identify improvements that will result in energy savings for the Riverview Apartments as a whole. Contractor will subsequently prepaze a report incorporating his findings, recommendations, and prioritization of which improvements will be most cost effective in generating energy savings at the Riverview Apartments. • • The contractor's work will cleazly document reports according to E-Staz/Energy Rated Homes of Colorado format and schedule, including estimated costs of recommended energy efficiency improvements that include total costs of proposed project(s), including but not limited to: cost of materials, labor, insurance, inspection(s), commissioning, occupancy displacement, etc. The reports will also estimate cost savings of proposed energy efficiency upgrades once installed according to E-Star/Energy Rated Homes of Colorado standazds. The contractor will provide all information needed to file a grant application with the Colorado Energy Assistance Foundation (CEAF), a copy of which is attached and made part of this professional services agreement. As part of the report, the contractor will include the calculations needed to file a grant application with CEAF. The contractor will also provide separate calculations on separate sheets for each suggested improvement. The work will include the contractor being available for ongoing consultations as the CEAF application moves forwazd 2. Contractor's Professional Level of Care: Contractor shall perform the Services in a skillfiil, professional and competent manner and in accordance with the highest standards of caze, skill and diligence applicable to contractors with respect to similaz services. 3. Time of Performance and Termination: All work under this Agreement is to be completed by June 20, 2003. Riverview may terminate this Agreement, in whole or in part, for its convenience upon providing notice to Contractor. Upon such termination, Riverview shall be liable only for the Services satisfactorily completed prior to the notice. 4. Compensation and Payment: In consideration of its performance of the Services, Contractor shall be paid $200 per unit inspected, which covers all costs. This payment will include the cost of the inspection itself; a written report, any follow-up consultation, and other information needed to complete a grant application to CEAF. There will be no further billing for any other costs, including but not limited to travel costs, reproduction costs, etc. unless separately agreed to by the parties in writing. All payment will be dependent upon money being received from LEAF. One-half of the payment will be provided upon an initial reimbursement by CEAF. The remaining one- halfpayment is dependent upon the grant being funded by CEAF. If the grant is not funded, the second one-half of the payment will be waived by the contractor. 5. Independent Contractor: It is expressly acknowledged and understood by the pazties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. Contractor shall be, and shall perform as, an ~ ~ independent Contractor. No agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of Riverview. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, servants and subcontractors during the performance of this Agreement. 6. Personnel: Contractor understands and hereby aclmowledges that Riverview is relying primarily upon the expertise and personal abilities of Craig Tate. This Agreement is conditioned upon his continuing direct personal involvement in the Services. Contractor may not subcontract or delegate any part of the Services or substitute subcontractors without Riverview's written consent, which consent Riverview may exercise in its sole discretion. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 7. Insurance: At all times during the term of this Agreement, Contractor shall procure and maintain, at his own expense, a policy or policies of instu~ance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 8 hereunder. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations by reason of his failure to procure or maintain insurance, or by reason of his failure to procure or maintain insurance in sufficient amounts, duration, or types. 8. Indemnification: Within the limits allowed bylaw, Contractor shall indemnify Riverview, and hold and defend Riverview, its officials, boards, officers, principals, employees, and insurers harmless from, all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the acts or omissions of, or representations by, the Contractor in the performance of this Agreement. 9. Notices: Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, FAX or mail to the party to appropriate party at the following addresses: Contractor. Craig Tate, d/b/a. Home Energy Analysis and Testing c% Holy Cross Energy P.O. Drawer 2150 Glenwood Springs, Colorado 81602 Tel. 970-947-5421 Fax. 970-947-5465 • • Riverview: KT Gazunis, Director Eagle Riverview Affordable Housing Corporation P.O. Box 179 Eagle, CO 81631 Tel. 970-328-8770 Fax. 970-328-8787 With a copy to: Eagle County Attorney's Office P.O. Box 850 Eagle, CO 81631 Tel. 970-328-8685 Fax. 970-328-8699 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. Additionally, a verbal notice shall be acceptable and deemed made at the time of communication, provided that a paper copy is mailed the same daze. 10. Miscellaneous• Contractor shall not discriminate against any employee or applicant for employment to be employed in -the performance of this Agreement on the basis of race, color, religion, national origin, sex, ancestry, physical handicap, age, political affiliation or family responsibility. Contractor shall require all subcontractors to agree to the provisions of this subparagraph. The making, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement as to any matter other than those herein expressed and contain in this Agreement. This Agreement embodies the entire understanding and agreement of the parties, and there are no further or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. This Agreement may not be amended, including by any modification of, deletion from or addition to the scope of the Services, except by a written document of equal formality executed by both parties hereto. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice of law rules. The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court in the 5th District for the State of Colorado. /////next page is signature page///// 4 ~~ ~ ! IN ~V][TNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. RIVERVIEWAFFORDABLE HOUSING CORPORATION KT Gazunis, ~rec ~o ~) CONTRACT,~QR: dd • G~'~ By: ~ f' ~ ~,er~ (Title) ~. ..... What is the Colorado Enersy Assistance Fonndation7 We strive to be Colorado's leading organization dedicated to efficient delivery ofcost-effective energy assistance, energy conservation and energy education for low income households to maintain their well being and encourage self-sufficiency. What do we fend? CEAF desires to fund energy efficiency investments on single and multi family housing projects targeting the "low-income"I. CEAF is interested in both new construction and rehabilitation projects.. We are particularly sensitive to the demands for such housing in the areas (urban or rural) where previously available housing is being converted into other uses and where the economic pressures upon the "working poor" are particularly acute. Properties must be designed for long-term affordability (via terms and conditions of other grantsJloans within projector other written agreements), meaning that for rental properties, rents must be rewired to be at or below certain income-based maximums, for an extended time period. ~ For purposes of this solicitation, "low income" is not quantitatively defined (percentage of median income or percent of federal poverty definition). In an effort to serve those that need help most, the eligbTity criteria used to target your population for this project will tse judged as part of the overall evaluation. 1 • • What are our aaidelines? CEAF seeks investments where the costs will yield financial benefits to the occupants, i~ quantifiable in terms of reduced utility bills that substantially exceed the cost of the investment In some cases, due to metering or other restrictions the occupants may not see direct financial benefits from the energy efficiency improvements. In such circumstances, CEAF is interested in knowing how the benefits accruing to the properly owner will be passed along to the occupants, via rent reductions (or deferral of increases) or other means. In rehabilitation projects, CEAF is interested in the incremental cost associated with moving beyond habitability to energy efficiency. For example, if a project requires a new heating system, the cost of the system is part of making the dwellings habitable; yet, the price difference between a "standard" system and a "high efficiency" system is a cost that CEAF would consider funding. The same applies to other improvements -windows, doors, etc. In new construction, CEAF desires to apply the same incremental cost logic. For example, when considering kitchen appliances or domestic hot water heaters, CEAF would consider funding the cost difference between "standard" efficiency appliances and higher efficiency ones. In eithercase -rehab or new construction - CEAF grant funds are not to be used for energy efficiency measures required to meet local building code requirements. Again, the incremental cost concept is applicable: CEAF will consider funding the incremental cost associated with exceeding building code requirements. For other standard energy efficiency investments, such as insulation of ceiling and wall cavities, CEAF will consider funding the full cost of the investment .Critical to CEAF' s review of proposals are the calculations supportingthebenefit-to-cost estimates (estimated cost of the energy efficiency investment, estimated reduction in the occupant's electric/heatingmontMy bill, and underlying assumptions). In situations where the occupant does notpay (directly) for electric and/or heating, (i. e., it is paid via the rent), it will be critical to explain the impact that the investment will have upon the rent to be charged, and how these savings will continue to accrue to the occupant. • • WLat if I don't imow the incremental costs? CEAF recognizes that organizations considering submitting proposals may not be equipped to conduct the required energy engineering calculations. So that this does not become an obstacle, CEAF is offering to pay 50% of the cost of hiring anenergy-engineering professional to assist with these calculations, up to a CEAF- incun~ed cost of $500. (The balance will be incor~rated into the grant award, if the proposal is selected for funding.) This is meant to address only the costs directly related to analyzing potential energy efficiency investments (generally defined as: lighting, heating systems, windows, insulation and appliances -refrigerators, water heaters, etc.). If you want to engage the services of an energy engineering professional and have CEAF share in this expense, please first contact Maria Finley at CEAF (303-825-8750 x225). Also, a few possible energy consulting firms are listed; this is not meant to be a recommendation, nor is it meant to preclude the use of other firms. They are only provided to assist you in engaging professional energy consulting services into your proposal. SunPower, Inc. (Chuck Temple) 303-382-1514 Lightly Treading, Ina (Paul Kreischer) 303-733-3078 As a guide to whatproducts/materials to consider, review the resources listed in the Environmental Protection Agency's "Energy Star" web site. If considering kitchen or laundry appliances, heating/cooling systems, lighting or window improvements, this web site can provide information on products as well as their efficiency ratings. For further guidance concerning possible energy efficiency measures or materials, visit the U. S. Environmental Protection Agency's Energy Star website at www.energystar.gov/products/forhome.shtml Who else may be considered for fending? Research: CEAF is interested in learning more about the impacts of energy efficiency, both in terms of the actual cost effectiveness of measures and the impacts upon the occupants. The occupant impacts range from changes in their financial status (budget, cash-flow, etc.), to changes in their behavior as a utility customer (less frequent payment delinquencies, shut-off notices, etc.) and reduced need for energy assistance. Energy conservation proposals incorporating such research components are encouraged. Utility Bill Assistance: in existing housing situations where the occupants are experiencing immediate bill payment assistance needs, LEAF would entertain proposals that provide both short-term cash assistance coupled with energy conservation. • • How mach may I request? CEAF, with the assistance of an advisory committee, is anticipating awarding grants in the range of $25,000 to $125,000. It is anticipated that at least 2 awards will be made, and possibly as many as 5-7 awards during this grant cycle. How wlll I be notified if my application is snccessfnl? CEAF will work with the Grants advisory Committee m make decisions based the information presented in proposals and in accordance with grant criteria. We will notify qualifying organizations of their awards by August 15, 2003. Disbursement of the grant will be made upon invoice. All decisions are made fairly, openly and without discrimination on the basis of race, sex, religion or national origin. What happens if I cannot use the funds within the arrant period? Funds not used for the intended purposes by August 31, 2004 will be returned to CEAF: Organizations have until August 31, 2004 to submit final reports and complete documentation of expenses to CEAF. Recipient organizations are reminded that, although it is not a requirement to submit documentation with their final report, they are subject to random audits that may require the submission of documentation at a later date. Failure to submit the final report by the set date will jeopardize the award of future grants. Mav LEAF funds be used for lobbvina? No, a recipient organization will not use any of these funds for lobbying activities. This condition prole'bits the use of CEAF grant fiords for the following activities: Federal, state or local electioneering and support of such entities as campaign organizations and political action committees. Direct lobbying of the Congress and State Legislatures to influence legislation. Grassroots lobbying concerning either federal or state legislation. Lobbying of the Executive branch in co~ection with decisions to sign or veto enrolled legislation. ~ ;__; ~ - ~:~" ~:. Efforts to utilize state and local officials to lobby the Congressional .,. or State Legislatures. y - ,.. ~-- ... . _ . ., - -- - - ~ f y,~ :~ ~ ;. ~- - ~ - _ _~ .r~ t ~ ._.ak li ~ .3~ } 11 ~ ~ F ~x c ~ ... s ~ -. ~Y y~ ~ 'i 4 ~`~ _~, ,~~ - ~, _ _. Are there any other Snancial ~aidelines? Any money advanced to a recipient organization under the terms of this award must be deposited into a bank with Federal Deposit Insurance Corporation (FDIC) or Federal Savings and Loan Insurance Corporation (FSLIC) insurance protection and the balance exceeding the FDIC and FSLIC coverage must be collaterally secured. Interest income earned on these monies must be returned to program costs. Cancelled checks must be returned by the bank to the recipient organization and kept for a period of three years. Financial records, supporting documentation, statistical records and all other records pertinent to the award must be retained for a period of three years. The Executive Director of CEAF, an outside accountant, the CEAF Board of Directors and a~- of their duly authorized representatives must have access to all pertinent books, documents, papers and records of the recipient organization to make audits, examinations, excerpts and traascriPts. The recipient organization or fiscal conduit shall maintain a financial management system that provides for. Accurate, current and complete disclosure of the financial results of this program. Accounting records that are supported by source documentation. The recipient organization must maintain and retain a register of cash receipts, disbursements and original supporting documentation such as purchase orders, invoices, cancelled checks and any other necessary documentation to support their costs under this program. A systematic method to ensure timely and appropriate resolution of audit findings and recommendations. Audit Requirerraents: The recipient organization will be eligible to receive funds if it arranges for an audit of the program to coincide with the next scheduled annual audit of its financial affairs. An original and two copies of this audit wdl be provided to CEAF upon request. It is not necessary to have a separate, independent audit for this award as long as program funds are treated as a separate element in the recipient organization's regular annual audit. Financial Reporting Reguirement: A sample of a report form is included in this application. Recipient organizations must submit a completed report, which includes a financial status report, to CEAF by August 31, 2004. ~~. - ~~ , 'l _ i ~...~. ~ Specific Project Information Needed ^ Page 1 Cover Sheet (from page 8 in this packet) ^ Page 2 Project De~ription • Single-family, multi family, new construction or rehab • Number of dwelling units in the project • Clear description of population targeted for occupancy and how population will be chosen -based on income data • Project Status (under consideration; partially funded; work underway) ^ Page 3 Funding Sources and Total Anticipated Cost of Project • Ownership (who will own final structure) • Anticipated lifespan of the measure • Provide calculations supporting the cost and benefit estimates. ^ Page 4 Proposed CEAF-funded energy conservation investments • list each specific measure (attic insulation; heating system improvements; appliance replacement, etc.) • estimated cost per measure, and CEAF share of total cost • estimated energy savings benefit, (in $), on an annual basis 1. portion of benefit accruing to occupant, by means of: 2. anticipated gas/electric bill reduction 3. projected rent reduction (or hedge against rent increase), if utilities are included in rent PLEASE ALSO PROVIDE 1'HE FOLLOWING ATTAC>31VVIENTS: ^ Page 5 Current housing project budget with sources of revenue listed, including: • conditions upon funding sources (grant vs. loan, population to be served, etc.) • status of each funding source (committed; pending; etc.) ^ Page 6 Current list of the Voluntary Board of Directors, with occupations and community affiliations ^ Page 7 List of staff positions involved with the project, and years of service with the organization ^ Page/Section 8 Latest Annual Report ^ Page 9 General description of housing projects completed, including: • populations served • geographic distribution D Page/Section 10 A complete copy of your most recent Audited Financial Statement, including the ManagementLetter, if applicable. 6 ~~ • • LOCAL RECIPIENT ORGANIZATION CERTIFICATION FORM As a recipient of the Colorado Energy Assistance Foundation (CEAF) funds made available for the period September 1, 2003 through August 31, 2004, and as the duly authorized representative of (Name of Agency) I certify that my public or private organization: * Isnot-for-profit and will provide immediate written notification of any change in the organizations'tax-exempt status: * Has the c~pabi7ity to mariageloversee housing construction or housing rehabilitation projects: *Will use fiords to supplemerrt and extend existing resources and will not substitute or reimburse ongoing programs and services: * Has an accou~ing system and fiscal agent who will verify docume~ion required by CEAF: * Conducts an annual audit: * Practices non-discrimination (will neither refuse service based on religion, sex, nice or nation origin): * Has a voluntcer Board of Directors: * Has read and understands the ineligible costs of the program and will expend monies only on eligible costs and keep complete documentation (copies of cancelled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years: * Will spend all funds and close out the program by August 31, 2004 and return the Final Report and any unused fiords to CEAF by August 31, 2004: * Will allow the Director of CEAF, an outside accountant, the CEAF Board of Directors and/or any of their duly authorized representatives to have access to all pertinent books, documents, papers and records of the recipie~ organization to make audits, examinations, excerpts and transcripts and will provide all additional reports as required: * Will allow CEAF and/or any of their duly authorized representatives to conduct an agency visit at anytime: * Will allow CEAF to review and approve the text of any proposed publicity concerning this grant prior to its release: * Recognizes CEAF reserves the right to discontinue, modify or withhold any paymems to be made under this grant award or to require a total or partial refimd of any grate fiords if, in CEAFs sole discretion, such action is necessary because the agency did not fully comply with the guidelines of this grant: * Recognizes CEAF shall not be responsible in the event of any dispute between the applicant and the agency and indemnifies and holds CEAF harmless from any liability (including attorney fees) arising out of this gn~iit, any activities conducted by the agency and any claims by any applic~rit. NAME: Signature Print Name (Acceptable signatures: Executive Director, Treasurer, Chair of the Board) • TITLE: DATE: AGENCY: LATE AND INCO~~IPLEJ~E APPLICATIONS \~4'iLLI~OT BE YROCti SSED DEADLINE FOR APPLICATION: MONDAY, JUNE 30, 2003, 12:00 NOON \L~1IL ORDF.LiVGRTO, Colorado Energy Assistsincz Foundation S 1 R 17`~ SILCCI, Suite 1390 Dcm~er. Colorado 30202 Date Rcreivcd~ Amount A«~arded: PI_ti1SE Slif3iti41T OR1GI11AL :AND Slk ('61 COPIES OF TIIIS CO~~II'LElLD:~PPI_.1G1TI0~;. I~lCLUDINCr:1L1. A"hIAC~IMf\T5. COLORADO ENERGY ASSLSTANCE FOUNDATION ENERGY SOLUTIONS GRANT PROGRAM APPLICATION FOR FUNDING Name• Address: Address (if different): Number: Fax Number: Name• Title: of amts; population to be served; location of property) 8 • • LATE AND/OR INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED COLORADO ENERGY ASSISTANCE FOUNDATION ENERGY SOLUTI~l~TS GRANT FOR 2003/2004 FINAL REPORT DUE ON OR BEFORE AUGUST 31, 2004 1. TOTAL AWARD AMOUNT $ 2. Interest Earned $ 3. LESS: Administrative Grant $ 4. Total Available for Program (Add lines 1 and 21ess line 3) $ 5. LESS: Award Amount Unex~nded $ ** 6. NET EXPENDITURES (line 31ess line 4) $ '~*Please enclose a check for the tcrtearaettded_at_t~ the Colorado Enerpv Assistance Foundation by Aurust 31 2004 See item #Il. below. for exception. ENERGY SOLUTIONS ACTIVTI7ES ACCOMPLISHED 7. Total Number of Dwelling Units Benefiting from the t riaa>: 8. A: Total Number of Rental Dwelling Units Assisted: B: Total Number ofOwner-Occupied Dwelling Units Assisted: 9. Total Number of People Benefitng from the Gaant: 10. If Utility Bill Payment Assistance was part of the award**: A: Total Number of Bdls Paid B: Total Amount given for Utility Assistance $ 11. If post~nergy eff ciency data evaluation is part of the award: A: Amount encumbered for evaluation expenses: $ B: Projected completion date for evaluation: No documentation needs to be filed with the Colorado Energy Assistance Foundation at 11us time. Financial records. supporting documentation, statistical records and all other records pertinent to the award must be retained for a period of three years. • Name of Organization Submitted By Bate COLORADl.3 ENERGY ASSISTANCE FOUNDATION ENERGY SOLUTIONS GRANT FIlvAL REPORT: ACTIVITIES PERFORIVIED/EFFICIENCY MEASURES PROVIDED 2 DESCRIPTION OF ACTIVITY/MEASURE TOTAL AMOUNT I (e.g. h®ating system; insulation: r®frlgerator uagrade; energy audit) I (material and labor costs) I 10