RFP HVAC WATER CHEMICAL TREATMENT

Request for Proposals: 218-19-26

Title: HVAC Water Chemical Treatment

Using Division: Maintenance Department

Issue Date: April 7, 2026

Issuing Agency: New Hanover County Schools

Brad Lackey, Purchasing Officer

2814 Carolina Beach Road

Wilmington, North Carolina 28412

1.0 Purpose & Background

The owner is New Hanover County Board of Education (referred to as New Hanover County Schools); Wilmington, North Carolina.

New Hanover County Schools is soliciting proposals from qualified contractors to perform

Preventative Maintenance on the district’s Cooling Towers.

New Hanover County Schools invites and encourages minority-owned businesses, women, disabled, disabled business enterprises, non-profit work centers for the blind and the severely disabled to participate in this procurement process.

1.1 Contract Term

The effective date of the contract will be July 1, 2026, through June 30, 2027.

At the end of the contract’s initial term, New Hanover County Schools shall have the option, in its sole discretion, to renew the contract on the same terms and conditions for up to three (3) additional one-year terms.

2.0 General Information

2.1 Request for Proposal Document

The Request for Proposal (RFP) is comprised of the RFP document, any attachments and any addenda released before the contract award, which are incorporated herein by reference.

2.2 Notice to Vendors Regarding RFP Terms and Conditions

It shall be the Vendor’s responsibility to read the entire RFP, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

If vendors have questions, issues or exceptions regarding any term, condition, or other component within this RFP, those must be submitted as questions in accordance with the instructions in the BID QUESTIONS section. If New Hanover County Schools determines that any changes will be made because of the questions asked, then such decisions will be communicated in the form of an addendum.

Other than through this process, New Hanover County Schools may reject and will not be required to evaluate or consider any additional modified terms and conditions submitted with the vendor’s bid. This applies to any language appearing in or attached to the document as part of the Vendor’s bid that purports to vary any terms and conditions or vendor’s instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s bid shall constitute a firm offer that shall be held open for the period required herein.

By execution and delivery of this RFP response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. New Hanover County Schools may exercise its discretion to consider vendor proposed modifications.

2.3 RFP Schedule

The table below shows the intended schedule for this RFP. New Hanover County Schools will make every effort to adhere to this schedule.

Task	Responsibility	Date & Time
Issue RFP	New Hanover County Schools	April 7, 2026
Site Visit	New Hanover County Schools/Vendor	Coordinate with HVAC Foreman
Submit Written Questions	Vendor	By 1:00 p.m., April 27, 2026
Provide Responses to Questions	New Hanover County Schools	By 5:00 p.m., April 30, 2026
Bids Due	Vendor	By 2:00 p.m., May 7, 2026
Contract Award	New Hanover County Schools	TBD
Contract Effective Date	New Hanover County Schools	July 1, 2026

2.4 Site Visit

Prospective vendors and/or vendor representatives are encouraged to visit the site of the project and apprise themselves of all conditions which will affect the performance of the work specified by this RFP. No allowance will be made after proposals have been accepted and contract awarded. The vendor shall coordinate any necessary pre-bid inspections through the HVAC Foreman/designee, as representative for the owner. Contact Assistant Director, Travis Mitchell, at travis.mitchell@nhcs.net.

Bidder is cautioned that any information released to attendees during the site visit, other than that involving the physical aspects of the facility, and which conflicts with, supersedes, or adds to the requirements in this RFP, must be confirmed by written addendum (issued by Brad Lackley, Purchasing) before it can be considered to be a part of this RFP document. Vendor bidding otherwise does so at their own risk.

2.5 RFP Questions

Upon review of the RFP or attendance at a site visit, vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the RFP Questions process, vendors shall submit any such questions by the date and time due as specified in the RFP Schedule, 2.3.

Written questions shall be emailed to brad.lackey@nhcs.net. Vendors should include RFP #218-19-26/Questions in the subject line of the email. Include a reference to the applicable RFP section in question submittals and submit in a format as shown below:

Reference	Vendor Question
RFP Section, page number	Question?

ALL INQUIRIES regarding this RFP, including questions that may arise during site visits, must be submitted in writing to Brad.Lackey@nhcs.net as indicated above. New Hanover County Schools will not be bound by oral explanations of information provided that may change the terms and specifications of the contract unless those changes are posted as an addendum.

2.6 Addendum to RFP

A list of questions received and a response for each will be posted in the form of an addendum if such questions and responses change the original specifications and requirements. Should New Hanover County Schools determine additional changes are necessary to the original specifications, those changes will also be posted in the form of an addendum.

2.7 RFP Submittal

IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk of late submission due to unintended or unanticipated delay. It is the vendor’s sole responsibility to ensure its bid has been received as described in this RFP by the specified date and time indicated in the RFP Schedule, 2.3. Any proposal or portion thereof received after the bid submission deadline will be rejected.

Proposals will be accepted by email, hand delivery, US Postal Service, Fed Ex, UPS, etc.

If submitting by mail or hand delivery, proposal should be addressed as follows and sent to:

New Hanover County Schools

Brad Lackey, Purchasing Officer

RFP 218-19-26

2814 Carolina Beach Road

Wilmington, NC 28412

Email:

Brad.lackey@nhcs.net

3.0 Evaluation and Award of Contract

3.1 Evaluation of Proposals

Proposals will be received according to the method stated in the RFP Submittal section, 2.7.

All proposals must be received by the issuing agency not later than the date and time specified in the RFP Schedule section, 2.3, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and New Hanover County Schools reserves the right to reject any and all offers at any time if such rejection is deemed to be in the best interest of New Hanover County Schools.

Proposals will generally be evaluated based on completeness, content, cost and responsibility of the vendor to provide the requested services.

At its option, New Hanover County Schools may request presentations or discussions with any or all vendors for clarification of the vendor’s submitted proposal. New Hanover County Schools is not required to request presentations or discussions; therefore, all proposals should be complete and reflect the most favorable terms available from the vendor. Prices cannot be altered or modified as part of a clarification.

3.2 Award of Contract

New Hanover County Schools shall evaluate responsive proposals and may accept the lowest and best proposal most advantageous to New Hanover County Schools. New Hanover County Schools shall consider such factors as prices offered; the general reputation and performance capabilities of the vendors; ability to complete the project within the schedule specified; previous experience with projects of similar size and scope; the substantial conformity with the specifications and other conditions set forth in the RFP; the related services needed; the date(s) of performance; and such other factors the owner deems to be pertinent to the contract and in its best interest.

While the intent of this RFP is to award a contract(s) to a single vendor for all line items, New Hanover County Schools reserves the right to make separate awards to different vendors for one or more line items, to not award one or more line items or to cancel this RFP in its entirety without awarding a contract, if it is considered to be most advantageous to New Hanover County Schools to do so.

3.3 Rejection of Proposals

New Hanover County Schools reserves the right to reject any and all offers, in whole or in part, and to waive any informality or technicality at its discretion.

3.4 Entire Agreement

The New Hanover County Board of Education Contract for Services (Appendix A), and any other document(s) expressly incorporated by reference as part of the contract, constitutes and expresses the entire agreement and understanding between the parties concerning its subject matter. The New Hanover County Board of Education Contract for Services (Appendix A), will be executed upon notification of award.

3.5 Performance and Default

The owner reserves the right to require performance and/or payment bonds from the contractor without expense to the owner. In case of contractor default, the owner may procure the articles or services from other sources and hold the contractor responsible for any excess cost. If the owner requires bond(s), the owner will list it/them in the Bid Form, section 6.

3.5 Tabulations

A public bid opening is not scheduled. Email requests for tabulations to brad.lackey@nhcs.net.

4.0 Scope of Work

4.1 Scope

4.2.1 Coordination

A. Service is to be directed and scheduled in collaboration with the Director of Maintenance/HVAC Foreman/designee as representative of the owner.

B. The contractor shall perform all service in coordination with the facility’s Principal/Administrator/designee and staff to provide minimum disruption of facility activities. School calendars on the New Hanover County Schools’ website.

C. The Maintenance Operations Department staff shall provide badges to the contractor. The contractor and his staff must wear the Maintenance Operations Department’s contractor badge while on facility premises. The contractor and his staff must wear clothing that indicates the firm they represent.

D. The contractor shall sign in and out in each facility’s visitor logbook, indicating the service provided according to the work order/service ticket.

4.3 Service to be Performed

The contractor shall:

1. SCOPE

A. The owner is the New Hanover County Board of Education (referred to as New Hanover County Schools); Wilmington, NC.

B. The contractor shall furnish all equipment, labor, and materials to flush, clean and treat boilers, cooling towers, and closed loops for facilities listed in these Specifications.

C. The contractor shall coordinate service through the HVAC Foreman/designee, as representative for the owner and the facility’s Principal/Administrator/designee.

2. SERVICE

A. The contractor shall perform all service in coordination with the facility’s Principal/Administrator/designee and staff to provide minimum disruption of facility activities. School calendars are on the New Hanover County Schools’ web site.

B. The contractor shall design chemical formulations to prevent the deposit of mineral scale, fouling organic growths, and control corrosion of ferrous and non-ferrous metals within industry acceptable limits when regularly applied and maintained.

C. The contractor shall be responsible for furnishing and installing all necessary equipment to facilitate the proper addition of chemicals to the water systems and maintaining proper cycles of concentrations.

D. The contractor shall provide service calls as follows:

1) Monthly on the cooling towers.

2) Monthly on the steam boilers during the heating season, November through March.

3) Quarterly on the closed loop systems.

E. The contractor shall provide:

1) A log book at each facility in which to log the analysis results of the system inspections.

2) A qualified water care specialist to make on-the-spot analyses. The contractor shall provide written reports to the HVAC Foreman/designee monthly as to the condition of water in each system; record outlaying concentrations as found.

F. Once a year, by December 15th, the contractor shall perform a full system audit to review the status of all water systems and schedule a meeting with the HVAC Foreman/designee.

G. The contractor shall remove all empty chemical drums immediately.

H. Local, state, and federal agencies shall approve all formulations for the intended uses, where applicable. Any hazardous chemical discharge, as a result of the treatment chemical for which the owner is cited, shall be the responsibility of the contractor.

I. The equipment the contractor installs for the purposes of the chemical feed into the owner’s systems shall become the property of the owner at the end of the contract period. Maintenance of the equipment shall remain the responsibility of the contractor if the owner renews the contract for subsequent years.

J. The owner is not responsible for the storage of materials nor the safety of contractor’s/subcontractor’s employees in carrying out their responsibilities. The owner will inform the contractor/subcontractor of any malfunction of heating or cooling equipment that may affect the treatment program.

K. The contractor will provide OSHA required SDSs at each location where he uses chemicals.

L. The contractor will adhere to all OSHA safety regulations while working on New Hanover County Schools’ property.

M. The contractor shall check in/out at the facility’s office upon arrival and departure. The Principal/Administrator/designee shall inspect the service and sign the work order and/or service ticket. The Principal/Administrator/designee shall verify if the invoice report and logbook analysis before the owner will approve the invoice.

N. All contractor/subcontractor employees must wear the following:

1) Contractor/subcontractor’s uniform with visible logo, if applicable.

O. The contractor shall list the following information on all invoices he submits for payment and shall ensure the information is correct: purchase order number, name of person requesting the service, location and description of service. Failure to list any of this information on all invoices will result in a delay in payment. The contractor shall itemize the following: materials used, tax and labor.

P. The contractor shall report all needed repairs or urgent service needs to the HVAC Foreman/designee immediately.

***Coordinate with the HVAC Foreman at 910-254-4436 (office) or 910-473-4836 (cell).

4.4 Contact Person for Service

The owner’s contact person is the HVAC Foreman/designee.

5.0 Qualifications of Contractor

5.1 Experience

The contractor must have performed the type of service described in the Scope of Work for a period of no less than five years before submitting a proposal.

5.2 References

The owner may, at the discretion of the Director of Maintenance Operations/designee, request references reflecting the quality of service the contractor has performed on jobs of similar size and scope.

Contractor shall provide any information deemed necessary by the Director of Maintenance Operations/designee to establish the responsiveness and responsibility of the contractor.

3. LOCATIONS

NO.	FACILITY	SYSTEM
1	ALDERMAN ELEMENTARY 2025 INDEPENDENCE BOULEVARD WILMINGTON NC 28403	ONE CLOSED LOOP HOT WATER SYSTEM
2	ANDERSON ELEMENTARY 455 HALYBURTON MEMORIAL PARKWAY WILMINGTON NC 28412	TWO CLOSED LOOPS-BOILER AND CHILLER
3	BELLAMY ELEMENTARY 70 SANDERS ROAD WILMINGTON NC 28412	TWO CLOSED LOOPS – BOILER AND CHILLER
4	BRADLEY CREEK ELEMENTARY 6211 GREENVILLE LOOP ROAD WILMINGTON NC 28409	TWO COOLING TOWERS ONE CLOSED LOOP (WATER SOURCE HEAT PUMP)
5	CAROLINA BEACH ROAD COMPLEX 2814 CAROLINA BEACH ROAD WILMINGTON NC 28412	TWO CLOSED LOOPS – BOILER AND CHILLER
6	CASTLE HAYNE ELEMENTARY 3925 ROGER HAYNES DRIVE CASTLE HAYNE NC 28429	TWO CLOSED LOOPS – BOILER AND CHILLER
7	CODINGTON ELEMENTARY 4321 CAROLINA BEACH ROAD WILMINGTON NC 28412	ONE CLOSED LOOP – BOILER ONLY
8	EATON ELEMENTARY 6701 GORDON ROAD WILMINGTON NC 28411	ONE CLOSED LOOP – BOILER ONLY
9	FOREST HILLS ELEMENTARY 602 COLONIAL DRIVE WILMINGTON NC 28403	TWO CLOSED LOOPS – BOILER AND CHILLER
10	FREEMAN SCHOOL OF ENGINEERING 2601 PRINCESS PLACE DRIVE WILMINGTON NC 28405	TWO CLOSED LOOPS – BOILER AND CHILLER
11	GREGORY SCHOOL 1106 ANN STREE WILMINGTON NC 28401	TWO CLOSED LOOPS – BOILER AND CHILLER TWO STEAM BOILERS – HISTORICAL BLDG ONE CLOSED LOOP – BOILER ONLY, NEW BLDG
12	HOLLY SHELTER MIDDLE 3921 ROGER HAYNES DRIVE CASTLE HAYNE NC 28429	TWO CLOSED LOOPS – BOILER AND CHILLER
13	HOLLY TREE ELEMENTARY 3020 WEB TRACE WILMINGTON NC 28409	TWO CLOSED LOOPS-BOILER AND CHILLER
NO	FACILITY	SYSTEM
14	HOWE PRE K CENTER 1020 MEARES STREET WILMINGTON NC 28401	ONE CLOSED LOOP-BOILER ONLY
15	JOHNSON PRE K CENTER 1100 MCRAE STREET WILMINGTON NC 28401	TWO COOLING TOWERS – ONE CLOSED LOOP (WATER SOURCE HEAT PUMP)
16	LANEY HIGH SCHOOL 2700 N COLLEGE ROAD WILMINGTON NC 28405	ONE CLOSED LOOP (WATER SOURCE HEAT PUMP)-MAIN BLDG ONE COOLING TOWER-MAIN BLDG ONE CLOSED LOOP-BOILER ONLY ARTS BLDG
17	MOSLEY PERFORMANCE LEARNING CENTER 3702 PRINCESS PLACE DRIVE WILMINGTON NC 28405	ONE STEAM BOILER
18	MURRAYVILLE ELEMENTARY 225 MABEE WAY WILMINGTON NC 28411	TWO CLOSED LOOPS-BOILER AND CHILLER
19	MYRTLE GROVE MIDDLE 901 PINER ROAD WILMINGTON NC 28409	TWO COOLING TOWERS ONE CLOSE LOOP (WATER SOURCE HEAT PUMP)
20	NEW HANOVER HIGH SCHOOL 1307 MARKET STREET WILMINGTON NC 28401	ONE CLOSED LOOP – BROGDEN HALL TWO CLOSED LOOPS – BOILER AND CHILLER, GEORGE WEST BLDG TWO CLOSED LOOPS – BOILER AND CHILLER, MAIN BLDG TWO STEAM BOILERS – MAIN BLDG
21	OGDEN ELEMENTARY 3637 MIDDLE SOUND LOOP ROAD WILMINGTON NC 28411	TWO CLOSED LOOPS – BOILER AND CHILLER
22	MASONBORO ELEMENTARY 3518 MASONBORO LOOP ROAD WILMINGTON NC 28409	TWO CLOSED LOOPS – BOILER AND CHILLER
23	ROLAND-GRISE MIDDLE 4412 LAKE AVENUE WILMINGTON NC 28403	THREE STEAM BOILERS
24	VETERANS PARK COMPLEX 655 HALYBURTON MEMORIAL PKWY WILMINGTON NC 28412	TWO CLOSED LOOPS – BOILER AND CHILLER TWO COOLING TOWERS
NO	FACILITY	SYSTEM
25	WILLISTON MIDDLE 401 SOUTH 10TH STREET WILMINGTON NC 28401	TWO CLOSED LOOPS – BOILER AND CHILLER, BLDG A TWO STEAM BOILERS – BLDG A TWO CLOSED LOOPS – BOILER AND CHILLER, BLDG C
26	WINTER PARK ELEMENTARY 204 S MACMILLAN AVENUE WILMINGTON NC 28403	TWO CLOSED LOOPS – BOILER AND CHILLER
27	WRIGHTSBORO ELEMENTARY 2716 CASTLE HAYNE ROAD WILMINGTON NC 28401	ONE CLOSED LOOP – BOILER ONLY ONE STEAM BOILER
28	BLAIR ELEMENTARY 6510 MARKET STREET WILMINGTON NC 28405	TWO COOLING TOWERS ONE CLOSED LOOP (WATER SOURCE HEAT PUMP)
29	PORTERS NECK ELEMENTARY 416 EDGEWATER CLUB ROAD WILMINGTON NC 28411	TWO CLOSED LOOPS – BOILER AND CHILLER
30	COLLEGE PARK ELEMENTARY 5001 ORIOLE DRIVE WILMINGTON NC 28403	TWO CLOSED LOOPS – BOILER AND CHILLER

END OF SPECIFICATIONS

6.0 Bid Form

FOR: RFP #218-19-26

HVAC Water Chemical Treatment

(Due May 7, 2026 by 2:00 p.m.)

TO: New Hanover County Schools

Brad Lackey, Purchasing Officer

2814 Carolina Beach Road

Wilmington, North Carolina 28412

Brad.lackey@nhcs.net

DATE: ______________________________________________________________

1. SUBMITTED BY: (please print)

Bidder’s Full Name
Firm Name
Address
City, State, Zip

2. OFFER

A. Having examined the place(s) of work and all matters referred to in the RFP documents, the undersigned offers to enter into a contract to perform the services as outlined in the RFP.

B. All applicable Federal and State of North Carolina taxes are included in the price(s) offered.

3. ACCEPTANCE

A. This offer shall be open to acceptance and irrevocable for 90 days from the closing date of the proposal.

B. If the owner accepts this proposal within the time period stated above, the contractor shall commence service upon notice of award from the owner’s representative, and a purchase order from the owner.

C. If the contractor fails to commence service upon notice of award, or fails, before commencing the service, to provide certified copies of automobile insurance, commercial general liability, worker’s compensation, appropriate business licenses and/or certifications, or bonds, if required, the owner may make award to the next lowest proposal and/or hold the contractor responsible for all damages caused by the contractor’s breach.

4. PAYMENT AND PERFORMANCE BONDS

A. Payment Bond Required ☒ Not Required

B. Performance Bond Required ☒ Not Required

5. CONTRACTOR’S SALES TAX

A. Contractor may use one of the following options:

1. When service consists of labor and materials, separate the two on all invoices; include tax on materials only.

2. Obtain and complete the sales tax form (N.C. State & Local Taxes Paid) from the Director of Maintenance/designee.

6. PRICES –

Proposal is subject to rejection if pricing is not completed for all areas of this section A-C

A. Total Price for 2026-2027 $_________________________________

B. List below the total prices for three renewal years:

1) 2027-2028 $___________________________

2) 2028-2029 $___________________________

3) 2029-2030 $___________________________

7. BID FORM SIGNATURES

A. The undersigned declares that the persons signing this Bid Form is/are fully authorized to sign on behalf of the firm listed and to fully bind the firm listed to all of the proposal’s conditions and provisions thereof.

The corporate seal of (affix seal to this form)

__________________________________________ Legal name of Firm

Was hereunto affixed in the presence of

__________________________________________ Authorized Signing Officer, Title

__________________________________________ Authorized Signing Officer, Title

__________________________________________ Contact person for questions regarding proposal

Name Phone Number

License Number - License Specialization –

Business License Number –

Federal ID Number –

(Submit a current W9 with your proposal)

Phone Number –

E-mail Address –

8. IF THE FIRM IS A PROPRIETORSHIP OR PARTNERSHIP, THE SIGNATURE(S) MUST BE WITNESSED

A. ___________________________________________________________________________

Proprietorship

___________________________________________________________________________

Witness

B. ___________________________________________________________________________

Partnership

___________________________________________________________________________

Witness

9. NORTH CAROLINA APPROVED MINORITY BUSINESS ENTERPRISE

A. Please circle the ownership of firm:

Non-Minority / Black / Hispanic / Asian American / American Indian / White Female / Socially & Economically Disadvantaged

If ownership is Minority Female (circle):

NO – Firm is not minority owned

YES – Firm is minority female owned

Source of ownership category (certification/verification) (circle one)

Not applicable / State of NC HUB / State of NC DOT / Local agency / Federal agency / Out of state agency / Self-Identified / Unknown

7.0 Additional Requirements (as applicable)

7.1 Coordination

A. The contractor shall coordinate all service with the owner’s craftsmen and operations; cooperate with associated trades for proper positionings, settings, and tolerances for embedded, built-in or interfacing items and materials; obtain all approvals, certifications, and inspections; and conduct required testing on all items.

7.2 Demolition

A. Except for items/materials indicated for reuse, salvage, reinstallation or to remain as the owner’s property, items/materials for disposal shall become the contractor’s property; the contractor shall remove them from the owner’s property.

B. The contractor shall submit a statement or drawing that indicates the measures proposed for dust and odor control, noise control, egress, adjacent space operations and general safety.

C. The contractor shall maintain the owner’s access to existing walkways, corridors, and other adjacent occupied or used facilities, unless the owner otherwise schedules and approves before the contractor begins service.

7.3 Temporary Facilities and Structures

A. The contractor is solely responsible for providing such temporary structures, signage, and barricades required for protection of persons and property.

B. The contractor is responsible for material storage. Any material the contractor stores on the owner’s property must be in cooperation with the on-site facility personnel and, at all times, protect the students, staff and facility property from danger and damage.

7.4 Discrepancies

A. The drawings and specifications are assumed to be correct. It is the responsibility of the contractor to notify the owner of any discrepancy he becomes aware of before proceeding with the service affected by the discrepancy.

B. The contractor shall visit the facility/facilities and verify all dimensions by taking measurements of the building or existing construction before submitting a bid.

C. The contractor shall verify all dimensions by taking measurements of the building or existing construction before ordering materials or doing other service which is dependent upon proper size for installation or integration.

D. No consideration shall be given to any contractor’s claim based upon differences between actual dimensions and those indicated on drawings, unless pointed out before beginning the service.

7.5 Cleanup and Protection of Owner’s Property

A. The contractor is to remove all trash from the work area daily and place it in the proper disposal containers. The owner shall deduct from the contractor’s final payment any cost of cleanup the owner incurs resulting from the contractor’s failure to do so.

B. The contractor shall conduct cleaning and waste removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. On surfaces to be cleaned, the contractor is to use cleaning materials and agents recommended by the manufacturer or fabricator. The contractor shall not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces.

C. The contractor shall make reasonable efforts to protect existing surfaces, finishes, and adjacent facilities from damage while performing the service. The contractor shall, at his expense, repair any damage he causes before completing the job.

7.6 Manufacturer’s Names

A. The contractor may use any manufacturer's names, information, and/or catalog numbers for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive, and any manufacturer’s products may be offered, unless the owner indicates otherwise.

7.7 Safety Standards

A. Where such listings have been established for the type(s) of devices offered and furnished, the following approvals are required: Underwriters Laboratories and/or National Electrical Manufacturers Association for electrically operated assemblies, American Society of Mechanical Engineers for pressure vessels, and American Gas Association for gas operated assemblies. All contractors/items must meet applicable work-related Occupational Safety and Health (OSHA) requirements.

7.8 Waiver of Lien

A. The contractor agrees to prevent or discharge every lien claimed upon the owner’s premises, upon any funds in the hands of the owner and any claim against any payment bond, by or through any persons furnishing labor or materials or both, for said premises. The contractor agrees to furnish to the owner, through the Director of Maintenance Operations/designee, a list of all subcontractors. Use of subcontractors is subject to advance approval from the owner.

7.9 Material Safety Data Sheets

A. The contractor must forward to the owner Material Safety Data Sheets (MSDS) on all chemicals. The contractor must provide information concerning where the chemicals are stored, if on facility property.

7.10 Materials

A. All materials the contractor installs shall be new unless agreed to in writing or specified as not new in the specifications or scope of work. All materials shall meet North Carolina Building Codes. Should there be any discrepancies between design and code, the more stringent requirement shall apply. All materials shall be in compliance with standards (or approved products) as set by the specifications or scope of work. Unless otherwise specified, THE CONTRACTOR SHALL NOT INSTALL ASBESTOS CONTAINING MATERIALS. BY DEFINITION, INSTALLATION OF ASBESTOS MATERIALS WILL BE CONSIDERED IN THE CONTRACTOR’S NEGLIGENCE AND THE CONTRACTOR SHALL PERFORM ALL NECESSARY WORK TO REMOVE THE ASBESTOS AND RESTORE THE SITE TO THE “PRE-CONTRACT” CONDITION.

7.11 Asbestos

A. The Operations and Maintenance Plan of the Asbestos Hazard Emergency Response Act (AHERA) Management Plan is available for review with the facility’s Principal/Administrator/designee for information about the presence of asbestos-containing building materials where the contractor is to perform the scheduled service. If the contractor suspects or finds asbestos is present, he must notify the asbestos program manager (Director of Maintenance Operations/designee) immediately to assure he does not disturb the asbestos while performing the service.

7.12 Lead Paint

A. The contractor shall assume that all facilities built before 1979 contain lead-based paint. Any paint removal shall be in accordance with OSHA standards pertaining to lead (29 CFR1915.1025).

7.13 Sexual Harassment

A. Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when it creates an intimidating, hostile or offensive environment. The owner will not tolerate sexual harassment to students or staff from the contractor’s employees. If such activity takes place, the owner will take one or both actions below:

1) The owner will request the contractor remove his employee involved in the activity from the owner’s property and the owner will bar his return.

2) The owner will terminate the contract and pay for service the owner determines the contractor has completed. The owner will bar the contractor from bidding on the owner’s projects or working for New Hanover County Schools in the future.

7.14 Affirmative Action

A. The successful contractor shall take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of the handicapped and concerning the treatment of all employees without discrimination by reason of race, color, religion, sex, national origin or physical handicap.