CCB EEAST Certification means that separate Energy Efficiency and Sust - PDF document

1 ÒCCB EEAST CertificationÓ means that sep
ÒCCB EEAST CertificationÓ means that separate Energy Efficiency and Sustainable Technology certification administered by the Oregon Construction Contractors Board. An application and additional information for CCB EEAST Certification can be found at (http://www.oregon.gov/CCB/e-east.shtml). 1.5 ÒCEWO IT PlatformÓ means the software provided by Clean Energy Works to implement the CEWO Program, including project tracking, analysis and tools for submitting audit reports

2 , bids, invoices and workforce informati
, bids, invoices and workforce information. 1.6 ÒCEWO ProgramÓ means the comprehensive, one-stop energy efficiency upgrade service for homeowners throughout Oregon developed and deployed by Clean Energy Works ÒKey StaffÓ means crew chief, supervisors, and other on-site workers with supervisory duties. 1.15 ÒLawsÓ means all laws, regulations or ordinances or any other order, writ, judgment, injunction, decree, determination or award presently in effect. 1.16 ÒMinimum Qu

3 alificationsÓ means those qualifications
alificationsÓ means those qualifications identified and defined in Section 4 below. 1.17 ÒProgram ProjectÓ means each individual CEWO Program residential project. 1.18 ÒProgram WorkÓ means any qualifying weatherization or energy efficiency remodel contracts or Contractor may install additional measures o ontractors in the Contractor Pool for the Service Area. Clean Energy Works reserves the right to change Allocation proportions to meet CEWO Program goals at any time.

4 Notwithstanding anything to the cont
Notwithstanding anything to the contrary set forth in this Section, in order to support diversity among the Contractor Pool and alleviate any appearance of unfair trade practices, each Full Contractor eligible for Allocation shall have a separate and distinct ownership structure from all other Full Contractors. In the event that a controlling interest in more than one contractor otherwise eligible for Full Contractor status is held by the same individual or entity

5 , am but not eligible to receive Alloca
, am but not eligible to receive Allocation. 3. Term This Agreement shall remain effective and enforceable for a period of six months after the Effective Date or until a new Contractor Pool for the Service Area has been established by Clean Energy Works in its sole discretion, subject to earlier termination pursuant to the terms of this Agreement. 4. Minimum Qualifications Contractor currently meets and shall continue to meet for so long as Contractor participates

6 in the CEWO Program the following minimu
in the CEWO Program the following minimum qualifications (the ÒMinimum QualificationsÓ): 4.1 Contractor is an Energy Trust Home Performance with ENERGY STAR Trade Ally in good standing. 4.2 ContractorÕs Key Staff possess Building Performance Institute (BPI) certification. 4.3 Contractor is physically located within the Service Area or within ten miles of the outside boundary of the Service Area. 4.4 Contractor and its subcontractors are Oregon businesses and are prop

7 erly licensed and bonded ccording to app
erly licensed and bonded ccording to applicable Laws, including without limitation holding a current, valid CCB license and CCB EEAST Certification. 4.5 Contractor and its subcontractors comply with other applicable Laws relating to performance of residential retrofits, including, without limitation, the OSHA 10-hour safety training requirement. 4.6 Contractor is not listed on the Federal Excluded Parties List System (http://www.epls.gov/) or by the Commissioner of BOL

8 I under ORS 279C.860 as ineligible to re
I under ORS 279C.860 as ineligible to receive a contract or subcontract for http://www.dol.gov/whd/recovery/dbsurvey/weatherOR.htm), whichever is higher. 5.1.2 Subcontractor Standards: Contractor shall ensure that all subcontractors working on Program Work comply with the following standards: ¥ Be licensed and bonded and meet all requirements of applicable Laws; ¥ Comply with the wage payment requirements in Section 5.1.1 above; ¥ Comply with reporting and recordkeepi

9 ng requirements as set forth in Section
ng requirements as set forth in Section 5.5 below; and ¥ For s its employees not later than six (6) months after the Effective Date of this Agreement, as detailed in Exhibit E attached to and made a part of this Agreement. From the Effective Date of this Agreement until Contractor has established health coverage as required in the immediately preceding sentence, Contractor agrees to pay an additional $2.50/ hour to employees in lieu of health coverage. If, after six m

10 onths, Contractor does not meet the heal
onths, Contractor does not meet the health coverage requirements, Contractor will not be allowed to continue participat - below), and other functions, as developed by Clean Energy Works, when the functions of the CEWO IT Platform have been developed a Program Work: Nothing in this Agreement or participation in the Contractor Pool shall guaranty or otherwise entitle Contractor to Program Work. Clean Energy Works has not represented or warranted and hereby expressly d

11 isclaims any such representation or warr
isclaims any such representation or warranty relative to the availability of Program Work. 5.2.13 Warranty: Contractor shall provide each . Contractor must have acceptable occurrence-based commercial general liability insurance (including contractual liability and completed operations coverage) with not less than $1,000,000 per occurrence for bodily injury and property damage liability, with an annual aggregate limit of not less than $1,000,000. ContractorÕs commerci

12 al general liability policy must include
al general liability policy must include (i) an Òadditional insuredÓ provision providing that Clean Energy Works Oregon, Inc. and its directors, officers and employees are included as an Additional Insured, and include (ii) cross liability and waiver of subrogation clauses, and (iii) an acknowledgement that in the event of a loss, ContractorÕs policy will be primary. 5.4.2 Auto. Contractor must maintain adequate automobile liability insurance and, upon request, must p

13 romptly provide evidence of such coverag
romptly provide evidence of such coverage satisfactory to Clean Energy Works in its sole discretion. 5.4.3 Workers Compensation. Contractor must have, and agrees to maintain, state-required workersÕ compensation insurance. 5.4.4 Insurance Certificates: Evidence of insurance, as described above, must be submitted to Clean Energy Works, in the form of a certificate of insurance, as of the effective date of this Agreement. The certificate must clearly identify ÒClean Ener

14 gy Works Oregon, Inc.Ó as an additional
gy Works Oregon, Inc.Ó as an additional insured. Contractor must promptly provide such certificates of insurance to Clean Energy Works on an ongoing basis for so long as Contractor is participating in the CEWO Program. 5.5 Reporting, Records and Evaluation 5.5.1 Data Reporting Requirements and Compliance: After each completed Program Project, Contractor agrees to report data on workforce diversity, subcontracting, workforce certification status, wages and benefits, and

15 other items relevant to the High Road S
other items relevant to the High Road Standards. These reports will be made available on the Clean Energy Works website. Clean Energy Works will provide the CEWO IT Platform meant to ease reporting burdens on contractors and to flag any issues of non-compliance. When a non Non-waiver: The failure or refusal of Clean Energy Works to enforce any breach or violation of any provision of this Agreement will not be a waiver of, consent to, or excuse for any other, differen

16 t, or subsequent breach or violation of
t, or subsequent breach or violation of the same or any other provision. 8.10 Further Assurances and Additional Requirements: Continued eligibility in the Contractor Pool may require compliance with additional requirements and specifications and/or revised terms and conditions (collectively ÒAdditional RequirementsÓ), in each case as Customer support provided by highly-trained Energy Advisors ¥ Highest quality contractors and building science professiona HIGH ROAD ST