Qualified Energy Advisor Form
Company Name and Address
Company Contact Information
NRCan Registration Data
* Required fields
ERS v15 Registration # : *
ERS v15 Registration date : *
ESNH / R-2000 Registration # : *
ESNH / R-2000 Registration date: *
Training DataNZ EA Course Date: *
NZ EA Course Location: *
NZ EA Course Instructor: *
NZ EA Course SO: *
NZ EA Course exam result (%): *
First 2 NZ/r files & which Qualified EA reviewed them:*
(List ERS file # and address)
Net Zero Update Course - date attended:
Net Zero Update Course - exam result (%):
THIS AGREEMENT dated the (enter the date)
The Canadian Home Builders’ Association
(Hereinafter called the “CHBA”)
(Hereinafter called the “Qualified Net Zero Energy Advisor” or “EA”)
WHEREAS the CHBA has developed the Net Zero Home Labelling Program (“the Program”) to recognize builders and service professionals who commit to its Administrative Requirements, and recognizes houses that these builders and service professionals attest to meeting the Technical Requirements.
THEREFORE, the CHBA and the Qualified Net Zero Energy Advisor (“EA”) agree as follows:
The EA will provide the following services for the CHBA Net Zero Home Labelling Program:
a) The EA will ensure that he/she has met all qualifications, per the current version of the Program Administrative Requirements and, to maintain the designation, will continue to meet them on an on-going basis.
b) The EA will provide consulting services to builders/renovators and ensure the homes have met the Program Technical Requirements.
c) The EA will notify the builder/renovator when a home exceeds the space cooling threshold to advise them that they must therefore discuss with the home buyer/owner the option and benefits of including a space cooling system to ensure occupant comfort.
d) The EA will not submit a Net Zero Home or Net Zero Ready Home file to the SO unless fully satisfied that the home has met the Program Technical Requirements, attests to same, and takes responsibility for that attestation.
e) The EA will provide all required information on homes being registered in the Program.
f) The EA will use the CHBA Net Zero Home Labelling Program branding, language/messaging and marketing/communications as per the usage specifications.
g) At the reasonable request of the CHBA, the EA shall advise the CHBA of his/her feedback on the program, including participation in such meetings as the CHBA may reasonably require, at the EA's expense.
h) The EA will adhere to the Program Code of Ethics:
- Exercise his/her duties with honesty, integrity, fairness and impartiality;
- Avoid any apparent conflict of interest and avoid association with any enterprise of questionable character;
- Uphold and maintain the professional integrity, reputation and practice of the Net Zero Home Labelling Program and related efforts by the CHBA Net Zero Energy Housing Council; and
- Comply with the Program Administrative and Technical Requirements.
The CHBA reserves the right to terminate the applicable Qualification as designated by the CHBA under this program.
2. LEGAL STRUCTURE AND INDEMNITY
See the Program Administrative Requirements for Legal Structure and Indemnity.
Nothing in this Agreement constitutes the EA as the agent of the CHBA, which status is specifically excluded.
4. STANDARD OF CARE
The EA shall perform the services under this Agreement with that degree of care, skill and diligence generally accepted as typical in construction training and construction evaluation, at the time such services are rendered.
The work will commence on the date first written above and, subject to paragraph 9 below, the Agreement will be in effect for a term of one year. It is renewed, in yearly increments thereafter, unless either party indicates otherwise at least 30 days prior to the anniversary date.
Neither Party shall be liable or penalized for delays or failure to perform, if same is caused directly or indirectly by circumstances beyond the Party’s reasonable control, acts of God, acts and/or omissions of governmental authorities and regulatory agencies or other events which are beyond the reasonable control of the parties.
All reports and materials produced under this Agreement shall be the property of the CHBA, which shall have unrestricted access and use of all materials produced under this Agreement.
The EA agrees to treat as confidential (during, as well as after completion of the work), all information collected in the course of the work. The CHBA may use information collected and any reports and materials produced as it sees fit for the benefit of CHBA members.
The CHBA may, at any time, by notice in writing to the EA, suspend or terminate the Services or any portion thereof at any stage. Upon receipt of such written notice by the CHBA, the EA shall perform no further Services other than those reasonably necessary to close out its Services.
The EA agrees to the following insurance requirements:
a) To carry and maintain worker’s compensation insurance to statutory requirement amounts.
b) Commercial General Liability Insurance in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate and shall name the CHBA as Additional Insured.
c) Professional Liability Insurance (Errors & Omissions) in the amount of $1,000,000 per claim and $2,000,000 in the aggregate and the policy will be renewed for two (2) years after Project completion.
d) The EA shall provide the CHBA with proof of such insurance.
e) If the CHBA requests that the EA increase the amount of insurance coverage or obtain other special insurance for the Project, the EA shall endeavour forthwith to obtain such increased or special insurance.
f) It is understood and agreed that the coverage provided by these policies will not be cancelled by the EA until thirty (30) days after written notice of cancellation has been delivered to the CHBA.
Subject to any limitations stated in this Agreement, each Party shall indemnify and hold harmless the other Party, their respective officers, directors, employees, and subcontractors, from and against all claims arising out of damages or liabilities caused by a negligent act, strict liability, breach of contract, error, or omission of the said Party or any of its agents, subcontractors, or employees in the performance of its obligations under this Agreement.
All notices under this Agreement shall be in writing. It shall be sufficient if the Notice is delivered by hand or by electronic means during normal business hours, whereupon it shall be deemed to have been given and received on the day of delivery. Notice may also be sent by registered mail, postage prepaid, addressed to:
Attn: Kevin Lee, CEO
150 Laurier Avenue West, Suite 500
Ottawa, ON K1P 5J4
or to such other address as either Party shall have designated by written notice to the other Party, whereupon it shall be deemed to have been given and received on the third business day thereafter.
13. APPLICABLE LAW
This Agreement shall be governed by the laws in the Province of Ontario.
14. DISPUTE RESOLUTION
Any disagreement arising between the Parties with reference to this Agreement upon which the Parties cannot agree shall be referred to a single arbitrator in accordance with the laws of arbitration in the Province of Ontario. The costs of the arbitrator shall be shared equally by the Parties on an interim basis as may be necessary provided however that the arbitrator shall have the discretion to award costs of the proceeding, including costs of the arbitrator. All decisions of the arbitrator shall be final and binding upon the Parties thereto and not subject to appeal.
IN WITNESS WHEREOF the Parties have executed this Agreement on the date first written above. The signatories have the authority to bind their respective corporations for purposes of this Agreement.
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