Home Efficiency Assistance Program (HEAP)

1. Colorado Springs Utilities’ tariffs

The Home Efficiency Assistance Program (“HEAP”) and this application and included terms and conditions incorporate and are subject to Colorado Springs Utilities’ (“Springs Utilities”) Tariffs and Utilities Rules and Regulations (collectively “Tariffs”), as the Tariffs are amended from time to time

2. Governing law

HEAP shall be construed in accordance with the laws of the State of Colorado without reference to conflict of laws, the Colorado Springs City Charter, City Code, Ordinances, or Rules and Regulations.

3. Limitation of liability and indemnification

In no event shall Springs Utilities or ERC be liable to Applicant or any third party for any direct, special, incidental, indirect or consequential damages, including but not limited loss of profits, loss of use or cost of replacement equipment associated with participation in HEAP. Nothing in this agreement shall be interpreted to limit or prevent the protections afforded to Springs Utilities under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. Applicant agrees to indemnify and hold harmless Springs Utilities and ERC from any loss, liability, damage, or costs, including court costs and attorney fees, that Springs Utilities or ERC may incur due to participation in HEAP

4. Warranty

ERC warrants the materials and/or parts installed through HEAP for a period of one (1) year from the date of installation. All other warranties are expressly disclaimed.

5. Voluntary participation 

Applicant agrees and understands that participation in HEAP is a voluntary decision made by Applicant and that Springs Utilities makes no representation, express or implied, that HEAP participation will result in decreased utility costs, as such costs are dependent on Applicant’s utility usage and future utility rate changes.

6. Tax responsibility

Applicant agrees that Applicant is solely responsible for any tax liabilities or implications Applicant is subject to through participation in HEAP.

7. Energy Resource Center 

Applicant agrees and understands that work done through HEAP will be performed by the Energy Resource Center (“ERC”) and its sub-contractors on behalf of Springs Utilities.

8. Applicant status

Applicant must be, and confirms through this application that Applicant, is a Springs Utilities customer and owns the premises at which utility services is received and for which HEAP participation is requested. To qualify for HEAP benefits associated with a particular utility service (e.g., water, electric, natural gas), Applicant must be a customer of that service. The home must also have been constructed prior to or in 2006 and have an assessed value not exceeding 95% of the area median purchase price for single family housing for the Colorado Springs, Colorado U.S. Department of Housing and Urban Development (HUD) Metro Fair Market Rent (FMR) Area, as determined and reported by HUD for the preceding year. HOME Homeownership Value Limits | HUD USER

9. HEAP materials and/or equipment

Applicant agrees and understands that although all materials used through HEAP comply with government regulations for toxicity and fire retardation, the possibility of certain individuals having an adverse reaction to some fumes or dust does exist, and if one of these materials is ingested, particularly by a child, there is a possibility of a negative reaction. Applicant agrees and understands that it is Applicant’s responsibility to inform ERC of any medical condition that could be aggravated by dust or fumes prior to insulation/weatherization.

10. Access and inspection

Applicant authorizes Springs Utilities, Pikes Peak Regional Building Department, ERC, and its contractors to enter Applicant’s property for the purpose of providing HEAP services.

11. HEAP services

Include, but are not limited to, inspection of the home to assure quality, efficiency, and safety, resulting in potential repair and/or replacement of water, gas and electric equipment and/or appliances, in addition to improving insulation and air leakage issues where found.

12. Applicant insulation waiver

If needed, installation of wall insulation is included in the HEAP process. Applicant’s refusal to allow sidewall insulation constitutes a refusal of all weatherization services. If wall insulation is needed, the insulators may drill into the exterior or interior wall of the property. Exterior wall drilling is the usual procedure. Exterior holes will be plugged, sealed, and painted as close as possible to the existing paint. ERC cannot guarantee a perfect color match due to variations in fading and the color matching process. If interior holes must be drilled, small cracks may appear depending upon the condition and type of wall material. Applicant understands that interior holes will be sealed and patched, providing the wall with a paintable surface, but that patching may not cover these small cracks or match the original wall texture. Painting the interior patches is the responsibility of the homeowner and not ERC’s responsibility. ERC will clean up general debris caused by its work. Note: Adding insulation will create dust. Applicant is responsible for cleaning up the dust

12.1  If Applicant’s home has existing knob and tube wiring, ERC may not be able to insulate due to safety concerns.

13 Applicant authorization

Applicant, through submission of this application, authorizes ERC, as subcontractor for Springs Utilities, to process this application for weatherization and energy efficient services and, if approved, to commence weatherization under HEAP. Applicant certifies that all information provided on this application to determine Applicant’s eligibility is true and complete to the best of Applicant’s knowledge and that Applicant is enclosing the necessary income proof needed to qualify for HEAP services. Applicant will notify ERC if Applicant moves from the address listed on this application or if the home goes up for sale, as both circumstances would preclude approval of this application

14. Application evaluation

Following submission, this application will be evaluated. If the application is approved, Applicant will be contacted by phone, letter, or e-mail to schedule a weatherization audit and/or insulation work. Someone over 18 must be present at the premises while the work is being done.