Download FSL Home Improvements - Arizona Home Performance with Energy

Home Performance with Energy Star
and
FSL Home Improvements
1201 E. Thomas
Phoenix, AZ 85041
Phone 602-532-2976
Fax 480-784-1904
Contractor Application (2 pages)
Contractor Agreement (5 pages)
Consumer Complaint Resolution (2 pages)
Home Performance with Energy Star
and
FSL Home Improvements
1201 E. Thomas
Phoenix, AZ 85041
Phone 602-532-2976
Fax 480-784-1904
Contractors Information/Application Form
Please Note: Copies of your Registrar of Contractor’s License, local tax licenses, and W9 must accompany this application. If qualified, also include a copy of your BPI certificate.
Please ask your insurance agent to submit copies of your Workman’s Compensation,
General Liability, and Auto liability.
Please Print or Type
DATE: _____________________
Business Name: ________________________________________________________________
Owner/Representative: __________________________________________________________
Business Address: ______________________________________________________________
Number
Street
City
Zip Code
Mailing Address : _______________________________________________________________
Number
Street
City
Zip Code
E-mail:
Area Code/Phone Numbers: ______________________________________________________
Office
Fax
Mobile
Federal I.D.#: __________________________________________________________________
If not incorporated, Social Security #: _______________________________________________
Privilege Tax #: ________________________________Expiration Date: ___________________
Registrar of Contractors #: ________________________Expiration Date: __________________
Classification Number: _________________________Expiration Date: ___________________
Do you have a General Contractor’s License in this area?
Yes
No
Have you completed the BPI training courses and received your certification? Yes
No
If your answer is “YES,” please submit a copy of your certification and provide the name of your
BPI certified employee(s) and the certification date.
Name: ______________________________
______________________________
Date of Certification:______________________
______________________
How long have you been in the contracting business? __________________________________
Years
Months
For referral purposes, please list your service area by city, county, or area code:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
List the names and addresses of the last three clients for whom you have completed construction:
Name
Address
City
Area Code/Phone
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Approximately how many jobs have you completed as a licensed contractor? ________________
What is the smallest/value job you have done? _______________________________________
What is the largest/value job you have done? _________________________________________
How many employees do you employ full-time? _______________________________________
THE UNDERSIGNED CONTRACTOR CETIFIES THAT ALL INFORMATION GIVEN HEREIN IS
SUBSTANTIALLY CORRECT AND FURTHER AGREES:

Contractor License Class and bond are current, and the undersigned contractor agrees to
maintain in current status all licenses and bonds as required by law.

That the work be performed in accordance with the property requirement standards.

That if the work performed by the contractor is found to be unsatisfactory by the
administering agency or if contract relations between the contractor, homeowner or other
parties are found to be unsatisfactory, that the administering agency may remove the
contractor’s name from the approved list, with such accompanying publicity as it deems
necessary.

The contractor will abide the U.S. Department of Housing and Urban Development
regulations pertaining to equal employment opportunity.

That the work will be done in conformance with all appliance codes and zoning
regulations.

Upon award of bid/contract, please request that a Certificate of Insurance and Worker’s
Compensation Certificate be sent to FSL/Home Improvements Department.
Contractor’s Signature: ________________________________Date___________________
Home Performance with
ENERGY STAR – Arizona
Participating Contractor Agreement
FSL Home Improvements hereinafter referred to as FSL is offering the Home
Performance with ENERGY STAR (HPwES) in conjunction with local building
contractors and heating and cooling trades, hereinafter referred to as Contractors, to
improve the health, safety, energy efficiency, durability, affordability and comfort of
Arizona’s housing stock. The key objectives of this program are to deliver a
comprehensive whole house assessment and provide efficiency improvements in the
single family and multi-family retrofit market. In cooperation with the U.S. Department
of Energy and the U.S. Environmental Protection Agency, the Arizona Department of
Commerce Energy Office, local utility providers, and the Building Performance Institute,
FSL is charged with educating, and promoting the home performance contracting
philosophy while increasing awareness and demand of the service and developing an
infrastructure to train and certify contractors willing to participate in the program.
This agreement sets out the terms and conditions under which Contractors shall
participate in Home Performance with ENERGY STAR – Arizona program. Under this
agreement, Contractors will contract with property owners to provide building
performance services that are in compliance with Home Performance with ENERGY
STAR requirements and standards. Home Performance with ENERGY STAR – Arizona
will provide technical training and support for the Contractors. Since this is a new
program in Arizona, FSL reserves the right to make changes as needed to the conditions
of this agreement upon written notice to the parties involved.
This Agreement is completely voluntary and can be terminated at any time for any reason
by either FSL or the Contractor.
The Arizona Home Performance with ENERGY STAR program will provide the
following services and support to Contractors
 Offer training and BPI certification courses
 The opportunity to receive and respond to leads generated by the program.
 Right to offer customers competitive financing options, from energy efficiency
financing organization, for the installation of eligible energy efficiency measures.
 Right to use Home Performance with ENERGY STAR marketing material in
accordance to the Home Performance with ENERGY STAR criteria provided.
 Potential to offer and participate in utility rebate incentives in Arizona
By executing this Agreement, the Contractor agrees to play an active role in the Home
Performance with ENERGY STAR program by providing high quality building
performance services to potential customers. As a condition of participating in the
Contractor Participation Agreement HPwES-Arizona
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Program and accessing the Program benefits, the Contractor must comply with and/or
agree to the following:
I. Proof of Business Success
Contractors shall, upon submitting this agreement, provide the Program with the
following information:
a. Completed Contractor Application
b. Proof of Contractors License which is in Good Standing with the Arizona
Registrar of Contractors
II. Proper Response to Program Leads
a. Contractors shall accept referrals from the Program and shall provide services to
these leads in accordance with the Program guidelines and this Agreement
b. Contractors shall recognize that the leads generated by the Program constitute a
Program benefit and that the Contractor must make every effort to respond to
these leads within 3 business days of receipt of referral.
III. Program Compliance and Requirement
a. Contractors shall meet the standards for BPI certification in either a Building
Analyst of Envelope Professional categories and provide proof to FSL.
b. Contractor shall maintain BPI certification for at least (1) person, per store front
location, during the life of the Contractor’s involvement in the Program.
c. Contractor shall ensure that BPI certified personnel perform all Comprehensive
Home Assessments.
d. BPI certified personnel must successfully complete a field review prior to
completing Comprehensive Home Assessments or supervising jobs.
e. Contractor shall ensure that BPI certified personnel supervise all jobs performed
under the Program regardless of whether or not the work is performed by the
Contractor’s employees or by a subcontractor.
f. Contractor shall ensure that certified technicians receive at a minimum, ongoing
training that is in compliance with BPI’s continuing education credits.
g. Contractor must notify FSL within 15 days of a change in status of BPI certified
staff and shall have 30 days to reinstate or replace BPI certified technician.
h. Comply with current Home Performance with ENERGY STAR Identity
Guidelines, which describe how the Home Performance with ENERGY STAR
marks, marketing graphics, and name may be used.
IV. Contractor Status
a. Provisional Status: Contractor will have a provisional status, at a minimum, for
the first six months of participation. Provisional contractor will have access to all
the program features, including marketing and incentives. All activities carried
out by the contractor will be subject to program quality control measures. At the
end of the provisional periods, AZHPwES will make a determination as to future
participation status.
Contractor Participation Agreement HPwES-Arizona
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b. Full Status: Contractors that have met all requirements of the Program, abides by
the conditions of this Agreement and provides quality services utilizing industry
best practices shall have the status designation of Full participant.
c. Probation Status: Contractors are placed on a probationary status when sponsor
observes multiple deficiencies or a deficiency which impacts health and safety or
if contractor receives a verified complaint.
d. Suspended Status: Contractor that has been removed from the list of
participating contractors and no projects will be approved until contractor has
demonstrated a commitment to the program’s quality assurance.
e. Terminated Status: Contractors will be terminated from the program if
reoccurring intervention is required due to ongoing inaccuracies and blatant
disregard for program policies occurs.
V. Program Activity
a. Contractor shall utilize a BPI Certified Analyst to perform all Comprehensive
Home Assessments and facilitate the installation of recommended measures.
b. Contractor shall, for every Comprehensive Home Assessment, provide the
homeowner with a report and work scope proposal that includes measures for
improving the energy efficiency, comfort and safety of the home within 10
business days of completion of the Assessment. The report will include a
summary of the cost and benefits of the proposed work derived from approved
software.
c. When necessary, Contractor shall use a computer modeling tool recognized and
approved by AZ Home Performance with ENERGY STAR.
d. Contractor shall ensure that all jobs performed under the Program will include at a
minimum, the measures listed by EPA ENERGY STAR, BPI, or local utility
rebate program.
e. Contractor shall ensure that the Program financing options are utilized only for
the installation eligible Program measures.
f. Contractor shall perform a minimum of 5 assessments per year to remain active in
the program.
VI. Business Practices
a. Contractors shall treat Program clients and attempt in good faith to deliver
promised services in a timely and responsible manner.
b. Contractor shall properly represent the relationship of the Contractor to the Home
Performance with ENERGY STAR Program implementers, this relationship
being that the Contractor is an independent contractor, with BPI certified staff,
and a participant in the Home Performance with ENERGY STAR Program.
Contractor shall NOT represent themselves as working for, approved by, or
certified by, U. S. Department of Energy, U.S. Environmental Protection Agency,
FSL Home Improvements, Arizona Department of Commerce Energy Office, and
the local Arizona utilities.
c. Contractor shall maintain any relevant licenses required by federal, state, county
or municipal governments or any other agencies with jurisdiction over work
performed in the Program.
Contractor Participation Agreement HPwES-Arizona
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d. Contractor shall maintain general liability insurance coverage of at least $1
million per occurrence and $2 million aggregate, workers’ compensation in
accordance with statutory workers’ compensation requirements and
comprehensive automobile liability insurance. Contractor shall provide evidence
of current coverage to FSL and list FSL Home Improvements as additionally
insured.
e. Contractor must maintain as a matter of record, insurance certificates for all
subcontractors used by Contractor on all Program projects.
f. Contractors shall provide all program customers with required information
materials.
g. Contractor shall provide the customer with written warranty for labor and
materials for a minimum of (1) year from the date the service is performed on
parts or according to the Arizona Registrar of Contractors two-year workmanship
requirements. Equipment shall carry manufacturer’s warranty.
h. Contractor must address all customer disputes regarding work performed in the
Program by first working with the customer to resolve the dispute amicably. If
such attempt does not produce an outcome acceptable to the customer then the
Contractor shall settle the dispute through the contractor’s customer complaint
resolution process on file with HPwES sponsor. If necessary, Homeowners can
file a formal complaint with the Arizona Registrar of Contractors.
i. Contractor shall hold U.S. EPA, U.S. DOE, Arizona Department of Commerce
Energy Office, participating utilities and FSL Home Improvements harmless from
any suit arising from work in the Program.
j. Contractor shall allow random field inspections by FSL Home Improvements or
the Arizona Energy Office on a minimum of 15% of all jobs submitted to ensure
quality assurance.
VII. Program Participation
Contractor acknowledges that participation in the Program is a privilege, and HPwES
sponsor FSL may suspend or terminate Contractor’s participation in the Program for any
reason, including failure to maintain Program standards. See Arizona Home
Performance with ENERGY STAR Disciplinary Action, Consumer Complaint
Strategy.
Contractor shall not employ as a subcontractor any firm that has been suspended or
terminated from this program without prior written permission.
FSL reserves the right make changes to the Program upon notice to the Contractor in
writing or by e-mail.
Contractor Participation Agreement HPwES-Arizona
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I have read, understand and agree to comply with all commitments described in the Home
Performance with ENERGY STAR-Arizona Participating Contractor Agreement,
including all supporting policies described or referenced therein.
I understand the provisions of this Agreement are effective from date of signature until
cancelled by either party. FSL reserves the right to modify, at any time during this
Agreement term, the provisions of this Agreement. I agree to maintain and provide FSL
with copies of insurance certificates and will maintain appropriate licenses “in good
standing” throughout the terms of this agreement.
I certify, under the penalties of law, that the statements made in this Agreement have
been examined by me and are true and complete. I understand that by signing this
Agreement, I consent to any other inquiry to verify or confirm the information I have
given.
__________________________________
Signature of Authorized Representative
_____________________
Date
__________________________________
Printed Name of Authorized Representative
__________________________________
Company Name
______________________________
Phone Number
__________________________________
Street Address
______________________________
Fax Number
__________________________________
City, State, Zip
______________________________
Website
__________________________________
Federal Tax ID
______________________________
ROC License(s)
__________________________________
Name of BPI Certified Technician
______________________________
BPI Certification Classification
___________________________________
Name of Contact Person Accepting Referrals
__________________________________
Phone Number for Referrals
Contractor Participation Agreement HPwES-Arizona
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Arizona Home Performance with ENERGY STAR
Disciplinary Action, Consumer Complaint Strategy
Disciplinary Action and Termination of Participation
Through ongoing training, mentoring and monitoring activities, the HPwES-Arizona
program is committed to ensuring program compliance as well as to supporting the
contractor(s). With this in mind, FSL Home Improvements will deploy a progressive
discipline model to provide opportunities for contractor improvement.
Progressive discipline will occur should any of the following incidences take place:
 Auditing inaccuracies are observed in reporting and/or during monitoring visits
 Contractor deviates from scope of work
 Contractor violates actions addressed in participation agreement to include
improper use of HPwES brand, reporting, timeliness of reporting, excessive
customer complaints etc.
Provisional Status
Contractor will have a provisional status, at a minimum, for the first six months of
participation. Provisional contractor will have access to all the program features,
including marketing and incentives. All activities carried out by the contractor will be
subject to program quality control measures. At the end of the provisional periods,
AZHPwES will make a determination as to future participation status.
Probationary period
If Sponsor observes inaccuracies in reporting, Sponsor will consult one to one with
Contractor to assess situation and determine appropriate course of action. A contractor
can be placed on a probationary status when sponsor observes multiple deficiencies or a
deficiency which impacts health and safety or if contractor receives a verified complaint.
During probationary status, Contractor must attend trainings and/or participate in
mentoring activities targeted at correcting deficiencies, and agree to monitoring on the
next five jobs. In order to be removed from probationary status, monitor must be
confident that the deficiencies have been corrected. Contractor is responsible for cost
associated with training, mentoring and additional monitoring activities. Number of
training sessions required will vary depending on level of deficiency observed.
Suspension
Contractor will be suspended if deficiencies continue to occur beyond probationary
intervention. Once suspended, the contractor will be removed from the list of
participating contractors and no projects will be approved until contractor can
demonstrate a commitment to the program’s quality assurance. Contractor must
demonstrate commitment to the program by meeting with sponsor and its designated
representatives (AEO) and develop an action plan to improve performance. The
implementation of that plan (training, monitoring and guidance) will be at the cost of the
contractor.
Contractor Participation Agreement HPwES-Arizona
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Termination
A contractor will be terminated from the program if reoccurring intervention is required
due to ongoing inaccuracies and blatant disregard for program policies occurs. Once
terminated, contractor’s name will be permanently removed from the list and no future
projects will be referred. Contractor will no longer be authorized to use the Home
Performance with ENERGY STAR branding.
Consumer Complaint Strategy
As the program sponsor, FSL along with a designated third party entity such as a
representative from the local utility company will review consumer complaints as they
arise. However, it should be clear that FSL and its third party representatives accept no
responsibility for work performed by the Contractors or the outcome of the dispute. If a
complaint should arise the first course of action is for FSL to notify the Contractor of the
complaint. The Contractor will have the opportunity to work with the consumer to rectify
the situation. The Contractor shall have 10 business days to rectify the situation in a
manner satisfactory to the consumer and within the Home Performance and/or utility
rebate criteria. In our experience, consumers and contractors can usually work through
situations when lines of communication are opened. If the consumer and the contractor
are unable to come to a satisfactory agreement, FSL and its third party representative will
review the case and make an informal recommendation to both parties. This informal
recommendation is not a legal recommendation and is only meant to be a suggestion. .
The consumer or contractor may choose to seek legal recourse; FSL or its designated
third party can not be held accountable for the outcome.
Program reserves the right to suspend a contractor from participation in the program
based on poor performance and/or unresolved consumer complaints without recourse.
Contractor Participation Agreement HPwES-Arizona
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