Subcontractor Agreement (the “Agreement”),
is executed July 1, 2005 (“Effective
Date”), by and between
Conservation Services Group, a Massachusetts not for profit
corporation with a principal place of business located at 00
Xxxxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxxxxxx 00000 (“CSG”)
and the City of Portland, Office of Sustainable Development., with a
principal place of business located at 000 XX 0xx
Xxx., Xxxxx 000. Xxxxxxxx, Xxxxxx 00000-0000 (“OSD”).
as of June 1, 2005, CSG and Energy Trust of Oregon, Inc. (Energy
Trust), have entered into a Home Energy Savings Program Management
Agreement (the “Home Energy Savings Program Agreement”) by which
CSG has agreed to, among other things, deliver energy efficiency
services to existing single-family and multifamily homes in Oregon on
behalf of the Energy Trust (the “Home Energy Savings Program);
WHEREAS, CSG has need for services
relating to the delivery of services to multifamily homes;
WHEREAS, OSD has experience and
expertise in the delivery of energy efficiency services to
multifamily buildings in Oregon;
WHEREAS, CSG and OSD wish to enter
into an agreement, pursuant to which OSD will deliver services as
part of the Home Energy Savings Program from ETO;
NOW THEREFORE, in consideration of
the promises and conditions set forth herein, the sufficiency of
which is hereby acknowledged, CSG and OSD agree as follows:
of the Terms and Conditions of the Statement of Work (SOW).
The terms and conditions of the SOW are incorporated into this
Agreement as Exhibit 1.
The term of this Agreement shall be from July 1, 2005 through June
of OSD. CSG will pay OSD
on a monthly basis according to the schedule incorporated as Exhibit
shall pay OSD a portion of the incentive payment received by CSG
that is proportional to the amount of incentive payment that is
attributable to the work performed by OSD, up to a cap specified in
Exhibit 3 – Payment Schedule.
Subject to Article XI of the Oregon Constitution and the Oregon
Tort Claims Act, OSD hereby agrees that it will indemnify and hold
Energy Trust, CSG and the officers, employees, directors and agents
of those entities, harmless from any and all costs, losses,
liabilities, claims, suits, proceedings, judgments, assessments,
costs, expense or damages (including interest and penalties),
including the reasonable attorney fees and expenses and other costs
of defense, which arise out of any act or omission committed by OSD,
and or its officers, agents, employees, subcontractors, or others
within its control in the course of the performance of any work
reviewed, approved or performed with the assistance of an incentive
paid pursuant to this Agreement or any finding, judgment or other
determination or settlement whereby either Energy Trust or CSG is
deemed or considered to be the employer of OSD or any of OSD’s
officers, agents, employees or subcontractors. OSD shall pay the
amount of any such indemnity due pursuant to the provisions of this
section within fourteen (14) days after written demand for such
payment by Energy Trust or CSG.
Definition. For purposes of this Subcontractor Agreement,
“Confidential Information” shall mean any information that
(i) derives actual or potential economic value from not being
generally known to, and not being readily ascertainable by proper
means by, persons who can obtain economic value from its disclosure
or use, or (ii) concerns a member of the public or a business,
is not normally available to the general public, and would be
considered by those members or businesses to be private information
which they did not want to be disclosed. Without limiting the
generality of the foregoing, Confidential Information includes all
information gathered about participants through the Home Energy
Savings Program, including but not limited to name, address, amount
of incentives paid, and other information which has been communicated
by one party to the other party in connection with this Subcontractor
Agreement, and all non-public information communicated between the
parties in connection with this Subcontractor Agreement, including
their respective business relationships and business activities and
plans, except as otherwise specifically provided in this
6.2. Duty to Protect.
Subject to the requirements of the Oregon Public Records Law,
OSD agrees that all Confidential Information disclosed by the Energy
Trust, CSG, contractors, and customers will remain confidential.
OSD agrees it will not use any Confidential Information or permit
OSD's personnel to use any Confidential Information for any purpose
other than as permitted or required for the performance of its
obligations under this Subcontractor Agreement. OSD will not
disclose any Confidential Information to any third party except as
expressly authorized in this Agreement or in writing by CSG's Project
Director in consultation with the Energy Trust's Executive Director.
OSD agrees that it will provide written notice to CSG and the
Energy Trust within ten (10) days of receiving any requests for
review of any Confidential Information, including a copy of the
request. CSG and the Energy Trust shall have five (5) business
days within which to provide a written response to OSD, before OSD
may release any of the requested Confidential Information in response
to the public records request. Whether CSG or the Energy Trust
submits any written response to OSD, OSD shall retain final
discretion to determine whether to disclose the Confidential
Information in response to the Oregon Public Records Law.
Should OSD intend to disclose Confidential Information on a basis
that it is required to do so under the Oregon Public Records Law, OSD
shall prior to that disclosure provide written notice to CSG and the
Energy Trust that disclosure first notify CSG and the Energy Trust of
the intended disclosure in such as manner so as to give CSG and
Energy Trust a reasonable opportunity to act to prevent or limit the
disclosure, including without limitation, pursuing any available
procedural and litigation options authorized or permitted by the
Oregon Public Records Law.
Disclosure to OSD Personnel. OSD’s disclosure of
Confidential Information to its personnel is authorized only to the
extent such disclosure is necessary in connection with the
performance of services defined in its Scope of Work (Exhibit 1).
OSD will take all reasonable steps to ensure that OSD’s personnel
will take at least the same steps to protect Confidential Information
as CSG is required in the Home Energy Savings Program Agreement. At
the conclusion of its Subcontractor Agreement, or at such time as
this Agreement is terminated earlier by either party, OSD will within
a reasonable time return or destroy, at CSG’s written direction,
all Confidential Information provided by CSG, the Energy Trust,
contractors, and customers and remaining in the possession or under
control of OSD or OSD’s personnel.
Disclosure to CSG. CSG agrees that all Confidential
Information disclosed to CSG or CSG’s personnel by OSD or OSD’s
personnel, and which is specifically identified in writing as
proprietary, will remain confidential. CSG or its personnel will not
use any Confidential Information for any purpose other than as
permitted or required in connection with this Subcontractor
Agreement. CSG will not disclose any Confidential Information
provided by OSD or OSD’s personnel (and which is specifically
identified in writing as proprietary) to any third party, except as
expressly authorized in this Subcontractor Agreement or required by
its Agreement with the Energy Trust. OSD disclosure of Confidential
Information to the Oregon Public Utility Commission or public, when
required by this Subcontractor Agreement, is authorized.
Non-Confidential Information. The
parties to this Subcontractor Agreement are not required to treat as
“Confidential Information” any information that (i) was known or
readily ascertainable by proper means prior to its disclosure as
“Confidential Information,” (ii) is or becomes available to the
general public without fault or action by the disclosing party, (iii)
is lawfully disclosed to either party by a third party who is under
no obligation of confidentiality with respect to such information,
(iv) is required to be disclosed by law; or (v) is disclosed to a
third party that has by contract or written agreement agreed to
protect such information consistent with Energy Trust policy..
Conflicts of Interest
OSD has determined and represents that
it has no conflict of interest with either Energy Trust or CSG. This
conflict of interest provision is consistent with those of the City
Charter Sec. 2-606 and Oregon state statute ORS 244.020(1). OSD
agrees to promptly inform CSG in writing of any conflicts of interest
with either Energy Trust or CSG which become apparent during the
Ownership, Right, and
Interest. Energy Trust/CSG
and OSD shall each retain ownership of, and all right, title and
interest in and to, their respective, pre-existing Intellectual
Property (“Pre-Existing Intellectual Property”), and no license
therein is granted on an implied basis as a result of the Services
performed hereunder. To the extent the Parties wish to grant to the
other rights or interests in pre-existing Intellectual Property,
those rights and interests will be expressly granted, either in this
Agreement or in one or more separate license agreements on mutually
Exclusive Property. Any
Intellectual Property developed in relation to the Services shall be
the exclusive property of Energy Trust.
Responsibilities. As part
of performing the Services, OSD may among other things develop
(i) program forms for Participants and others, and
(ii) marketing materials, all of which will require use of
trademarks owned by Energy Trust (collectively, the "Trademarks").
Any use of the Trademarks by OSD will be governed by the following
Trust and CSG hereby grant to OSD a nonexclusive, nontransferable,
royalty-free license to use the Trademarks only in connection with
its marketing, promotion, and operation of the Program.
time that the Trademarks are displayed, OSD will include a trademark
notice reasonably acceptable to Energy Trust, in substantially the
form: "[trademark] is a [registered] trademark of Energy Trust
of Oregon, Inc."
will use the Trademarks only in a manner consistent with accepted
commercial practices in the energy and power industry.
will not use or display the Trademarks in a manner that is
misleading, that disparages Energy Trust or its services or programs,
that may be harmful to Energy Trust's reputation, or that may reduce
the value of the Trademarks.
using the Trademarks or publicly distributing any promotion or
marketing material that incorporates the Trademarks, OSD will submit
examples of any such use to Energy Trust/CSG for approval. OSD will
not use the Trademarks unless Energy Trust approves each use in
recognizes that nothing contained in this Section VI. is
intended as an assignment or grant to OSD of any right, title, or
interest in or to the Trademarks or related goodwill.
the event this Agreement is terminated pursuant to Section VI,
the license under this Section VI. will automatically terminate
and PMC shall no longer use the Trademarks in any respect.
will provide Energy Trust with the following documents: a current
"Statement of Insurance" for General Liability, a copy
of its "State of Oregon Certificate of Self-Insurance for
Workers' Compensation" and a "Certificate of Insurance"
for Property Damage (which provides for coverage amounts adequate to
replace the Specified Resource at its full replacement value). City
agrees that it shall maintain insurance coverage in such types and
amounts as are reasonable and adequate for the installation,
operation, and maintenance of the Specified Resource throughout the
Term. If insurance coverage is cancelled, reduced or materially
changed during the Term, City will, prior to the effective date of
such cancellation, reduction or material change, obtain the coverage
required under this section, and provide Energy Trust with
documentation of such coverage.
This agreement shall be terminated in the event that the contract
between CSG and the Energy Trust is terminated for any reason.
In the event that CSG determines that OSD has breached any of its
obligations under this Agreement, then CSG shall notify OSD in
writing of such breach (“Breach and Opportunity to Cure Notice”).
If OSD does not cure such breach within 15 calendar days of the date
of the Breach and Opportunity to Cure Notice, then CSG may terminate
Termination. This Agreement
may be terminated by either Party immediately (i) on the
appointment of a receiver, trustee, liquidator, or conservator for
the other Party or for the purpose of taking possession of all or
substantially all of the other Party's property, (ii) on the
filing of a petition for insolvency, dissolution, liquidation, or
reorganization, or order for relief in which the other Party is named
as debtor, with respect to the other Party pursuant to any law for
the protection of debtors.
Immediately upon termination in accordance with this Section, or not
later than the date which is three months prior to the end of the
Term of this Agreement as set forth in Section II.C of the agreement
between CSG and the Energy Trust, OSD will make reasonable efforts to
wind down its provision of Services and transition Services as
instructed by Energy Trust and CSG, including, but not limited to,
minimizing expenses, and will cease to make commitments which would,
were it not for the termination of the Agreement, be ultimately
payable by CSG and the Energy Trust, including commitments for
Incentives. OSD and CSG will continue to process Incentives.
Termination may not affect payment obligations incurred under this
Agreement for Services performed, including reimbursable costs and
expenses incurred prior to the effective date of termination unless
the termination is for cause and the Energy Trust does not reimburse
CSG for these expenses
Contract. This agreement
sets forth the entire understanding between the parties, and
supersedes any prior negotiations, promises, warranties, or other
undertakings not specifically set forth in writing herein.
No amendment to this agreement shall be effective unless embodied in
writing and signed by an authorized agent of each of the parties.
Dispute Resolution. Any
and all claims or disputes arising out of this agreement, and or the
administration thereof, shall be submitted to arbitration, under the
rules of the American Arbitration Association for the resolution of
commercial disputes. Unless otherwise agreed, such arbitration shall
take place in Portland, Oregon.
Applicable Law; Venue.
This contract shall be construed in accordance with the law of the
State of Oregon, without regard to the provisions of such law which
govern conflicts between the laws of states. Any actions or
proceedings arising in connection with this Agreement shall be tried
and litigated in any court of competent jurisdiction in the State of
Oregon; each party waives any right it may have to assert the
doctrine of forum non conveniens, to assert that it is not subject to
the jurisdiction of such courts, or to object to venue to the extent
any proceeding is brought in accordance with this subsection.
This Agreement is not assignable by OSD without the prior written
consent of CSG, which consent shall not be unreasonably withheld.
Any assignment without the prior approval of CSG is voidable by CSG.
Nothing contained herein shall authorize either of the parties
hereto to utilize the trademarks, trade styles or service marks of
the other without the express written approval and consent of the
owner of such marks.
All notices which either party may give to the other under or in
connection with this Agreement shall be in writing and shall be sent
by any of the following methods: hand delivery; reputable overnight
courier; certified mail, return receipt requested or facsimile
transmission. The communications shall be sent to the addresses of
each party as designated above, and shall be effective on the
business day when received.
This Agreement may be executed simultaneously in two or more
counterparts, each of which shall be deemed to be an original but all
of which together shall constitute one and the same instrument. A
copy or facsimile of a signature shall be binding upon the signatory
as if it were an original signature.
WITNESS WHEREOF, the parties hereto have duly executed this Agreement
under seal as of the date first above written.
Conservation Services Group, Inc.
City of Portland, Office Of
Home Energy Savings
Provided by City of Portland’s Office of Sustainable Development
City of Portland’s Office of Sustainable Development (OSD) is
pleased to be a part of Conservation Services Group (CSG’s) Program
Management Team and looks forward to providing direct services to the
owners and renters of the multifamily industry under the Energy Trust
of Oregon’s Home Energy Savings program. OSD’s Multifamily (MF)
specialists provide a full suite of skills necessary to achieve
program goals and high levels of customer satisfaction, including:
years of program delivery experience and keen understanding of
investor needs and motivations;
reputation as the one-stop center for energy conservation/efficiency
in the rental housing industry throughout the state;
staff and excellence in technical and financial consultations;
personalized service that makes participation in Energy Trust
programs simple and attractive;
track record for completing energy measures in multifamily housing –
over 40,000 apartment units to date;
7,000 multifamily units completed with comprehensive shell and
direct install measures under the Trust’s first program management
MF pipeline of 2,000 potential units;
MF program funding reduces CSG/Trust budget needs, including a
contract with the Oregon Dept of Energy through 2007, and possible
contract extension with the Climate Trust; and
to complete a minimum of 6,000 MF units under the CSG contract.
following Scope of Work is organized by function and represents an
updated and improved MF program model. This Scope eliminates
duplication of responsibility and work and improves communication
between OSD, the CSG call center, CSG field staff, Multifamily
Coordinator and CSG management. It includes shifting some MF decision
making and program oversight formerly completed by Ecos to OSD. OSD
fully expects to work closely with CSG managers and staff to make
future program refinements aimed at satisfied customers and achieving
the purposes of this scope OSD has divided the program into eight
components each with an OSD lead. The leads are designated below:
Management and Oversight- Xxxxxx Xxxxx
Service- Xxxxxx Xxxxxxx
Reviews- Xxxxxx Xxxxxxx
Process- Wing Xxxxxxxxx
and Low Cost Measures- Xxxx Xxxxxxx
Process- Xxxx Xxxxxxx
Program and Objectives
the two year program period from July 1, 2005, through June 30, 2007,
the OSD multifamily program has the following goals and objectives.
a minimum of 6,000 units in multifamily properties with five or more
a minimum savings goal of 10,500 MWh and 6,000 Decatherms, post true
more decision-making and program responsibilities;
the reach of the program to more communities in the Energy Trust of
Oregon’s service territory that have a reasonable portion of its
residential housing stock in larger multifamily buildings, 5+ units
and expand technology options in the program, such as laundry room
lighting and ENERGY STAR clothes washers; and
a program integration approach with Aspen Systems that provides an
easy way for owners property management companies to be referred to
other multifamily program services offered by Aspen; a proactive
referral system is one way to accomplish this goal
roots relationship building, strategic presentation delivery and
availability for face to face meetings are core tools used to
successfully market the multifamily program to property mangers,
owners and contractors. OSD will assist with coordination and
implementation of these tools. In conjunction with CSG marketing
staff, OSD staff will perform outreach in the following areas:
case studies of successful projects.
and conduct Portland Metro area program and incentive workshops for
property owners and management companies; discuss expansion of
workshops to other areas of the state.
CSG with outreach and education to trade allies across the Energy
Trust service territory, including contractor breakfasts and other
networking events, working with the CSG Trade Ally Coordinator.
participation in trade association meetings and events.
and staff MF program representation at industry trade shows.
program presentations to property management firms in the Energy
Trust service territory.
CSG in developing print advertisement, including Apartment Manager
Magazine and trade organization newsletters.
CSG and the Energy Trust on press releases and news articles.
program publications and support material for customers and
updated presentation materials about components of the multifamily
program including services, incentives, and benefits to property
owners/management companies and tenants.
CSG use “bounty hunting” to increase program participation and
reduce outreach costs in targeted communities; “bounty hunting”
is a tool used to generate new leads, where the CSG field team
identifies potential leads throughout a designated service
collaboratively with CSG to investigate new marketing and outreach
OSD lead staff for all outreach functions is Xxx Xxxxxxx. She will
work closely with Xxxxx XxXxx, CSG Marketing Manager and the CSG
Marketing Coordinator in Portland and Xxxxx Xxxxx, the CSG National
Marketing Director. An outreach and marketing schedule can be found
in Appendix A.
Customer Service (Call Center- Goldmine)
CSG Call Center will be the first point of contact for all MF
participants. The CSG call center reps (CSRs) will need to determine
if a property qualifies for the MF program. Qualification is
dependent on location, type of utility service in the building, and
size (5+ unit rental dwelling – one building or composite of
buildings on one site). OSD will assist CSG with training the CSG
call center about MF program details and data collection requirements
for the MF program (see attached Appendix B: Call Center Talking
OSD lead for customer service will be Xxxxxx Xxxxxxx.
Call Center Intake
CSRs will provide basic MF program information and conduct initial
project qualification. The call center staff will enter contact and
property information data into Goldmine (GM). Call center staff must
xxxx calls as MF or OSD cannot access them. At the end of a call,
CSRs will place the call in OSD’s Goldmine queue and will provide
the caller with OSD’s direct hotline to be used for future calls,
CSG CSRs will
refer callers to OSD via warm transfer to the hotline when the caller
needs more specific program information, including but not limited
multifamily line rings at three workstations simultaneously, so there
is a high percentage opportunity for immediate customer connection.
In the event that OSD is not available for warm transfer, the CSG CSR
will complete intake into GM and designate the call as MF in the OSD
GM queue. Xxxxxx Xxxxxxx will assign all new callers in the GM queue
to an OSD team member who will work as the project manager throughout
the process. OSD will respond to all calls within one business day.
OSD project managers will provide basic program information,
incentive levels, tax credit overview, answer all questions, and send
informational packets to prospective participants. OSD may also
provide trade ally lists, self-installer guides and schedule
follow-up calls in GM based on the initial inquiry. OSD will work
with CSG on the strategy for providing randomly generated short lists
of trade allies to property owners and management companies
OSD Customer Service
will provide a full suite of customer services aimed at leading the
multifamily owner or management company to a decision to participate
in the Multifamily Home Energy Savings program. OSD’s goal when
having conversations with customers is to encourage them to commit to
the program for a full package of building shell measures. In order
to make this commitment, program staff may offer callers an energy
review to identify the property’s cost-effective efficiency
opportunities. The OSD team’s sales approach focuses on non-energy
benefits: satisfied tenants, buildings that become competitive with
newly constructed apartments, lower tenant turnover, profitability,
tenant comfort, lower bills for occupants, moisture control, noise
reduction, maintenance problem solutions, curb appeal, etc.
decision-making process is often incremental:
customer interest is generated through our outreach and marketing.
owner or management company calls for program information.
staff listens to the owner’s needs, then present the benefits of
weatherization and the Energy Trust program as a solution to the
trust is often quickly established as OSD is uniquely positioned as
the third-party experts that assist their decision-making process.
staff facilitates customers contacting trade allies for accepted
ensures that participants have met all requirements necessary to
receive incentives from the Energy Trust
Energy Reviews (Insulation Checks)
program participants do not know about their existing insulation
levels in their buildings. In order to meet program requirements and
commit projects, building energy reviews may need to be completed.
The insulation check is the most common type of pre-commitment site
visit for the MF program. This type of visit requires collection of
R-values for the insulation levels in the attic and floor and
checking the condition of the existing windows.
some situations, particularly with large property owners and
investment firms, OSD needs to provide estimated financial incentives
to prospective participants up-front as a sales tool. These
situations require a full Energy Review where the CSG field team
completes insulation checks, as well measures the actual square feet
of windows plus notes U-values (if available) and existing insulation
levels including square feet of attics, floors, and walls (if
accessible for insulation check). Age and condition of water heaters
and boilers (if heating source) will be noted.
Xxxxxxx will be the OSD lead on coordinating multifamily building
energy reviews with the CSG Multifamily Coordinator.
of the site visit is critical in terms of responding to a business
owner/manager and motivating a prospective program participant to
take action. Insulation checks and window assessments should be
completed within one week of notifying the CSG Multifamily
Coordinator of the need for a walk-through audit. The results should
be submitted directly to Xxxxxx Xxxxxxx at OSD within one day of the
site visit by fax or e-mail. If the field staff is unable to send a
copy to OSD within one business day, then they will call Xxxxxx
Xxxxxxx directly to deliver results and then follow-up with
will track all projects that require site visits in Goldmine. OSD
will schedule an Activity in the GM queue for the CSG multifamily
coordinator for all participants that need insulation checks and
energy reviews. The scheduled activity will have the name of the
action required in the reference line. The CSG multifamily
coordinator will work with the CSG call center to schedule the
CSG will make
three attempts to schedule an energy review. After the third
unsuccessful attempt, CSG will place the pending activity back into
the originating OSD project manager’s queue. CSG CSRs will make all
detailed notes about the scheduling process within the same pending
activity in Goldmine.
multifamily coordinator will e-mail electronic inspection results or
fax hardcopies directly to Xxxxxx Xxxxxxx at OSD. OSD project
managers will complete the pending activity in Goldmine upon
receiving this paperwork. OSD project managers will follow-up with
the participant and direct them to trade allies to obtain accepted
participants have obtained accepted contractor bids, OSD staff
prepares two incentive applications – the Business Energy Tax
Credit (BETC) and the Energy Trust’s Multifamily Home Energy
Savings program application. This service reinforces the owner’s
decision and accelerates movement towards job installation. It also
greatly reduces error and customer frustration pertaining to form
completion. All burdens and work load are taken off the property
owners and managers. OSD completes an incentive package that
investors can’t pass up.
OSD will add the
projects to a "potentials list", make notes in GM and send
the Participation Packet to the project owner for signatures. Once
OSD receives the signed Energy Trust application, the participant’s
contact and property information will be exported from GM into Fast
Track. OSD project managers will prepare folders, make notes in GM
that the property has committed to the program, and schedule an
activity to coordinate final inspection.
will be the OSD lead for application processing and data entry.
and Low Cost Measures
inspection will be required before a participant will receive cash
incentives. The timeliness of inspections is an important aspect of
our customer service as it typically takes about a month from
submission of completed paperwork until the participant receives a
of compact fluorescent bulbs, high-performance showerheads, faucet
aerators, and water heater temperature turn-downs will be scheduled
for tenant units at the time of inspections. CSG staff is
responsible for the final inspection and in-unit low-cost measure
Xxxxxxx will be the OSD lead for all inspections.
projects have committed to the program, OSD will schedule an Activity
in GM for the CSG Multifamily Coordinator based on the estimated
project completion date. The reference line of the scheduled Activity
will read “Multifamily Inspection.” The CSG multifamily
coordinator will either respond to the scheduled Activity or
coordinate with a CSG CSR to schedule an inspection and installation
of low cost measures.
CSG will make
three attempts to schedule an inspection. After the third
unsuccessful attempt, CSG will place the pending activity back into
the originating OSD project manager’s queue. CSG CSRs will make all
detailed notes about the scheduling process within the same pending
activity in Goldmine.
the event that the inspection and the low-cost measures can not be
scheduled at the same time, the priority is to schedule the
inspection. The CSR will then schedule a call back to the project
owner/manager to schedule installation of low cost measures at a
later date. The CSR will also offer a Notice of Entry letter/door
hanger to provide notice to tenants.
a separate site visit is needed for low-cost measures is required, it
will be scheduled at a time when there are other projects in the
area. As a customer courtesy to the property owner/manager site
visits ideally should be scheduled at about 80% of project
completion. This will limit tenant disruptions by timing access with
contractor work on insulation and/or windows.
has found that even with adequate Notice of Entry for site visits it
may still be difficult to gain access to all units when working with
an onsite manager or an off-site property manager. Timing is the key
to have access to information for accurate project data entry and
energy savings analysis. Completing back-end paperwork, while the
project is wrapping-up, provides for timely release of cash
incentives to the owner or property manager.
for Self-Installed Projects
self-installed projects require increased data collection from the
CSG field team. Inspectors will need to measure the installed square
footage of insulation and/or windows. Without a contractor invoice
there is no other way to verify the installation from a quality
control perspective and to determine actual incentives. Incentives
will only be paid on materials.
results should be submitted by the inspector directly to Xxxx Xxxxxxx
at OSD within one day of an inspection (see attached Appendix C:
Inspection Form). If the field staff is unable to submit written
documentation within one day of completing an inspection, then they
need to call Xxxx Xxxxxxx at OSD and report the inspection results
verbally. Phone calls are not necessary if paperwork can be submitted
within one day of the inspection.
documentation, the CFL and other low-cost measure counts, and an
inspection form including detailed notes on failures will need to
follow either by fax 000-000-0000 or e-mail within 1 to 2 days of
providing a verbal inspection report on the phone. Detailed notes are
imperative for OSD project managers to professionally communicate
with participants about failed measures.
receiving the inspection documentation, Xxxx Xxxxxxx will complete
the pending activity in Goldmine. OSD will print the inspection
results, file a hard copy and make a PDF for electronic storage by
the Energy Trust.
OSD will follow-up
with the project owners or managers to provide the inspection results
and request final paid invoices.
will follow-up immediately with the contractor to inquire about the
failed measures and other pertinent information about the final
inspection. OSD has often found that failed inspections can be
quickly remedied by the contractors. Trade allies have appreciated
this approach instead of contacting the owner first. OSD will then
contact the project owner or manager to provide details of the
inspection and the extent of the remedial work. Finally, OSD will
obtain an estimate of when the failed measures will be remedied and
schedule a callback in GM for the CSG Multifamily Coordinator to
schedule a re-inspection.
In the event that
a CSG inspector or Multifamily Coordinator chooses to contact the
property owner or contractor to discuss inspection results, OSD
should be notified prior to the discussion taking place, if possible.
OSD project managers have history, complete knowledge of the project,
and the strongest relationships with participants.
Often there are
specific details about the project, sensitive issues, complications
or nuances that CSG may not be familiar with. OSD can provide insight
which would be valuable for CSG inspectors and Multifamily
Coordinator to know prior to contacting participants.
If it is not
possible for CSG to give OSD notice before contacting participants,
it is especially important that CSG call Xxxx in a timely fashion to
provide a verbal overview of the conversation with program
participants, as well as make complete and clear notes on inspection
OSD receives passed inspection results and final paid invoices
project managers will prepare Form 340MF, Completion Application.
This form shows all completed measures and the actual cash incentive.
OSD will forward this form to the project owner or manager for a
Xxxx Xxxxxxx will
be the OSD lead for the completion processing including calculating
SUNDAY savings, updating Fast Track, and first level incentive
the project measures have been verified by the contractor and passed
inspection, the energy analysis can be completed. OSD project
managers will use deemed savings as determined by the Energy Trust.
If the deemed savings do not apply to a particular project, due to
the complexity of the building, Xxxx Xxxxxxx will model the building
using Ecotope’s SUNDAY building load calculation software to
determine savings. OSD will ensure that PDFs are made of appropriate
program forms (Inspection, Quality Control, Incentives, Completion,
etc.) for all jobs.
and Check Processing
the signed Form 340MF (Completion Application) has been returned to
OSD, Xxxx Xxxxxxx will update Fast Track with the incentives and
savings information. Approvals from CSG Multifamily Coordinator and
the Energy Trust will take place at this time, followed by check
processing. The Energy Trust will distribute multifamily checks to
CSG. CSG will email Xxxx Xxxxxxx a weekly list of MF checks to be
released. The list should include payee, mailing address and check
amount. Xxxx will respond as to whether any checks need to be held or
hand delivered. Otherwise, CSG will mail all checks to participants.
will provide reporting to the CSG Multifamily Coordinator on a
monthly basis. Xxxx Xxxxxxx at OSD will be the lead on all reporting,
invoicing, and general data tracking. Xxxx will work with CSG to
develop a monthly reporting protocol, outlining the types and format
of information, and analysis required by CSG. Property information,
measures and savings installation by type, existing pipeline, trends
by measures, low-cost measure installation, etc. will be some key
data points and analysis required by CSG.
Multifamily Monthly Reports
will provide monthly reports summarizing the status of the entire MF
program for the Energy Trust. This will include a summary and status
of pending, committed (pipeline) and claimed projects both
graphically and numerically. This report will include the number of
units, estimated and actual incentives for weatherization, CFLs, and
other low-cost measures, as well as kWh and therm savings for
completed and committed (estimated) projects. The report will also
summarize program changes, outreach activities, and highlight program
successes and barriers. Additional items may be added as determined
and Invoice to CSG
will provide a monthly status report to CSG highlighting new program
commitments, claimed projects, program changes and outreach
activities. This status report will also include the OSD monthly
invoice for MF program administration. A sample invoice and monthly
status report from the current program can be found in Appendix D and
Between Conservation Services Group
Trust of Oregon
June 1, 2005
has negotiated with OSD a total fee of $300,000 for its services in
operating and administrating the multifamily portion of the Energy
Trust of Oregon’s Home Energy Savings program for a 24 month period
beginning July 1, 2005 and ending June 30, 2007.
and OSD recognize that the true cost of OSD’s services is not
represented in this contract’s compensation schedule. OSD relies on
income from three funding partners: CSG/Energy Trust, the Oregon
Department of Energy and the Climate Trust. CSG acknowledges that at
present OSD has secured two-year funding from the Oregon Department
of Energy, but has no formal commitment for continued funding from
the Climate Trust. If commitment of Climate Trust funding in the
amount of $225,000/year (based on achieving the 6,000 unit goal in
the Scope of Work) is not secured by January 31, 2006 then CSG agrees
to reopen negotiation of OSD’s compensation for delivery of the
Energy’s Multifamily Home Energy Savings program.
shall be made in the following manner:
monthly payments to OSD in the amount of $12,500 for the 24 month
period beginning in July 2005 and terminating in June 2007. Similar
to CSG, OSD will be subject to the 3% fixed fee Energy Trust
retainer. This equates to $375 monthly and $4,500 annually. As a
result, the net monthly payment to OSD will be $12,125. The retainer
will be released annually based on OSD reaching the goals set forth
in this scope of work between OSD and CSG..
performance incentive for achieved kWh and therms savings and
attained levelized costs will be paid to OSD in proportion to its
contribution to the total savings achieved by the CSG program team.
The total incentive paid over the 2 year contract by Energy Trust is
$150,000, with a portion of the incentive paid on an annual basis.
A cap of $51,000 will be placed on the performance incentive awarded
to OSD over the life of the project.
will pay monthly invoices from OSD submitted by the 5th day of the
following month of program activity. Payment shall be made by CSG
within 30 days of receipt by Energy Trust of Oregon.. Each invoice
will summarize the previous month’s activity on properties served
by the program. Property information, measures identified and
installed including low-cost, incentives received, quality control,
etc, will all be detailed on the invoice.
Outreach and Marketing Activities and Timeline
Call Center Talking Points
C: MF Inspection Form (form will be modified to focus on multifamily
.405 All units
operate smoothly and properly. When closed, the entire assembly
provides a complete weather barrier to the opening. Glazing
sealants are resilient, non-hardening compounds, tapes or gaskets
with established long life expectancy.
replacement windows shall meet the ENERGY STAR specifications for
the Northern Climate Zone and shall be NFRC labeled and certified
to have a maximum U-factor of 0.35.
glass installed where required by code.
Insulation General — Permanent Housing
fans terminating in attics, crawl spaces or other spaces are
extended to the outside and sealed to prevent any exhaust air from
entering back into the space.
Health and Safety Requirements
insulation not installed within three inches of fans, lights,
heaters, and other heat-producing fixtures. Thermal insulation
installed to prevent entrapment of heat and to maintain the free
circulation of air (NEC 410-66) and proper ventilation. Solid,
flame-resistant baffles are attached to the ceiling structure to
maintain required clearances.
combustible insulation materials, including existing insulation,
kept a minimum of two inches from metal flues and masonry
range exhaust fans vented through the ceiling connected to a duct
of not less than 30-gauge galvanized steel (UMC Chapters 10 and
11) that is substantially airtight throughout and that terminates
directly to the outside in a vent cap.
noncombustible insulation (per ASTM E-136-82) installed in wall
cavities adjoining fireplaces and/or chimneys.
installed in wall cavities containing electric space heaters
unless fire stops are present to isolate the heater from all
contact with the insulation material.
insulation not installed on pressure temperature relief valves, on
the operating portion of any valves, or on any other control and
Installation Provisions for Ceilings under Attic Space
insulated to a minimum of R-38 or the highest R-value approaching
R-38 that is practical.
Uninsulated knee walls adjoining attic spaces insulated to the
highest R-value that is practical, or minimum of R-11.
exposed ducts located in the attic space extending above the level
of the finish attic insulation are insulated as specified in
access doors adjacent to conditioned spaces insulated to at least
R-30 for horizontal openings and to at least R-11 for vertical
openings and weather-stripped.
pipes located in the attic space insulated for freeze protection.
barriers installed with ceiling insulation are between the
insulation material and the conditioned space adjacent to the
Ventilation to specification.
Installation Provisions for Underfloors
Underfloors insulated to a minimum of R-25, or to the maximum
level needed to fill the joist cavities.
space access doors adjacent to a Conditioned Space insulated to at
least R-19 for horizontal openings and to at least R-11 for
vertical openings, and weather-stripped with appropriate
exposed uninsulated ducts located in the crawl space insulated per
Uninsulated walls separating the crawl space from conditioned
space insulated to the highest R-value that is practical, or
minimum R-11 in accordance with Specification 104.1000.
space water pipes insulated for freeze protection.
insulation support systems installed to keep the insulation in
contact with the sub-floor, to be flat and in place for the life
of the residence.
barriers installed as a part of floor insulation have a perm
rating of 1.0 or less and are located between the insulation
material and the conditioned space.
acceptable ground-cover moisture barrier is present (new six mil
black polyethylene or existing four mil polyethylene).
.665 Floor is
ventilated to specification.
be insulated with a value of R-5
weather-stripping must make solid contact with the door
must form a tight seal against the door
Exterior Wall Cavities
insulated to minimum R-11 or the highest practical R-value.
.1335 Check a
minimum of three electrical wall outlets or switch boxes to verify
removal of insulation material that may have entered the boxes
during blow-in wall insulation application.
.1340 All holes
are adequately plugged and provide a tight weatherproof seal.
shall not leak in the off position
must be 2.5 GPM or less
D: Sample Invoice
E: Sample Monthly Report