- Title
- TO SUBMIT A PROPOSAL FOR TECHNICAL SERVICES
- Bid Type
- RFP
- Pdf Text
- NOTICE OF INVITATION
TO SUBMIT A PROPOSAL FOR
TECHNICAL SERVICES
Proposals are requested by the Erie County Department of Environment and
Planning, Division of Sewerage Management (DEP/DSM) for technical services related
control systems in general, capital projects controls designs, and in water resource
recovery operational / facilities controls assistance. The top-rated respondent will be
selected to enter into an agreement for term technical services issued via individual work
orders.
In accordance with Erie County Local Law No. 6-1983, proposals are hereby
invited for the subject project. Proposals are to be submitted in the exact format detailed
in the request for proposals (RFP). Proposals will be due on Tuesday August 18, 2026 by
2:00 P.M.
The DEP/DSM emphasizes that declining to respond at any step of the
procurement process prior to selection will not hinder firms from being solicited for
future jobs.
To obtain a copy of the RFP guidelines, please visit the following website on or
after July 7, 2026: https://www3.erie.gov/purchasing/requests-proposals-construction-
bids. Alternatively, you may call 716-858-8383 or email beth.pfalzer@erie.gov if you
would like to request a hardcopy.
This invitation does not commit Erie County, or its DEP to accept any price
proposal, nor does it obligate Erie County for any costs associated with preparing or
submitting proposals.
By: Joseph Fiegl, P.E., BCEE
Deputy Commissioner
Erie County DEP/DSM
Dated:6/29/26
Published:7/7/26
ERIE COUNTY
REQUEST FOR PROPOSAL (RFP)
TO PROVIDE
A Three-Year Term Agreement for Controls
Systems Technical Services
File 0.3.3.ControlsSystems
July 2026
DEPARTMENT OF ENVIRONMENT & PLANNING
DIVISION OF SEWERAGE MANAGEMENT
EDWARD A. RATH COUNTY OFFICE BUILDING
95 FRANKLIN STREET
BUFFALO, NEW YORK 14202
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COUNTY OF ERIE, NEW YORK
REQUEST FOR PROPOSALS (“RFP”)
RFP No. 0.3.3.ControlsSystems
TO PROVIDE Controls Systems Technical Services for Erie County Division of
Sewerage Management Sewer Districts and Capital Projects
I. INTRODUCTION
The County of Erie, New York (the “County”) is currently seeking Proposal Statements from
qualified firms interested in providing technical services related to controls systems on capital
improvement projects and in Erie County Sewer District Nos. 1 through 6 and 8. Proposers
interested in providing technical services are invited to respond to this request.
It is the County's intent to select the best qualified Proposer for this work.
The County reserves the right to amend this RFP. The County reserves the right to reject any or
all the proposals, or any part thereof, submitted in response to this RFP, and reserves the right to
waive informalities, if such action is deemed to be in the best interest of the County. The County
reserves the right to request additional information from any proposer. The County reserves the
right to award negotiated contracts to one or more proposers.
This RFP is not intended and shall not be construed to commit the County to pay any costs incurred
in connection with any proposal or to procure or contract with any firm.
The County will only contract with firms that do not discriminate against employees or applicants
for employment because of race, creed, color, national origin, sex, age, disability, marital status,
sexual orientation, citizenship status or any other status protected by New York State and Federal
laws.
II. PROPOSAL PROCEDURES
A. ANTICIPATED SCHEDULE OF PROPOSAL
The following schedule is for informational purposes only. The County reserves the right to
amend this schedule at any time.
Issue RFP: July 7, 2026
Proposals Due: August 18, 2026
Recommendation Made: September, 2026 (20-45 days) following due date
Firms Notified: Following all necessary County approvals
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B. GENERAL REQUIREMENTS
1. Each proposal shall be prepared simply and economically avoiding the use of elaborate
promotional materials beyond what is sufficient to provide a complete, accurate and
reliable presentation.
2. One (1) original and five (5) copies shall be submitted. Proposer MUST sign the
proposal. Proposals without a signature will be rejected.
3. Submission of the proposals shall be directed to:
Joseph Fiegl, P.E., BCEE, Deputy Commissioner
Erie County Division of Sewerage Management
95 Franklin Street – Room 1034
Buffalo, New York 14202
All proposals must be delivered to the above office on or before August 18, 2026 at
2:00 p.m. Proposals received after the above date and time will not be considered.
The County is under no obligation to return proposals.
4. Requests for clarification of this RFP must be written and submitted to David Millar,
P.E. at David.Millar@erie.gov no later than 4:00 p.m. on Tuesday August 4, 2026.
Formal written responses will be distributed by the County on or before August 11,
2026. If proposers wish to be included on any responses to requests for clarification, the
proposer must submit an e-mail request to David.Millar@erie.gov before 4:00 p.m. on
August 4, 2026. NO COMMUNICATIONS OF ANY KIND WILL BE BINDING
AGAINST THE COUNTY, EXCEPT FOR THE FORMAL WRITTEN RESPONSES
TO ANY REQUEST FOR CLARIFICATION.
5. Proposers may be required to give an oral presentation to the County to clarify or
elaborate on the written proposal. Those proposers will be notified to arrange specific
times.
6. No proposal will be accepted from nor any agreement awarded to any proposer that is in
arrears upon any debt or in default of any obligation owed to the County. Additionally,
no agreement will be awarded to any proposer that has failed to satisfactorily perform
pursuant to any prior agreement with the County.
III. SCOPE OF PROFESSIONAL SERVICES REQUIRED
See Exhibit “D” (Schedule “A” of the Agreement).
IV. STATEMENT OF RIGHTS
UNDERSTANDINGS
Please take notice, by submission of a proposal in response to this request for proposals, the
proposer agrees to and understands:
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• that any proposal, attachments, additional information, etc. submitted pursuant to this
Request for Proposals constitute merely a suggestion to negotiate with the County of Erie
and is not a bid under Section 103 of the New York State General Municipal Law;
• submission of a proposal, attachments, and additional information shall not entitle the
proposer to enter into an agreement with the County of Erie for the required services;
• by submitting a proposal, the proposer agrees and understands that the County of Erie is
not obligated to respond to the proposal, nor is it legally bound in any manner whatsoever
by submission of same;
• that any and all counter-proposals, negotiations or any communications received by a
proposing entity, its officers, employees or agents from the County, its elected officials,
officers, employees or agents, shall not be binding against the County of Erie, its elected
officials, officers, employees or agents unless and until a formal written agreement for
the services sought by this RFP is duly executed by both parties and approved by the Erie
County Legislature, the Erie County Fiscal Stability Authority (if required), and the
Office of the Erie County Attorney.
In addition to the foregoing, by submitting a proposal, the proposer also understands and
agrees that the County of Erie reserves the right, and may at its sole discretion exercise, the
following rights and options with respect to this Request for Proposals:
• To reject any or all proposals;
• To issue amendments to this RFP;
• To issue additional solicitations for proposals
• To waive any irregularities in proposals received after notification to proposers affected;
• To select any proposal as the basis for negotiations of a contract, and to negotiate with
one or more of the proposers for amendments or other modifications to their proposals;
• To conduct investigations with respect to the qualifications of each proposer;
• To exercise its discretion and apply its judgment with respect to any aspect of this RFP,
the evaluation of proposals, and the negotiations and award of any contract;
• To enter into an agreement for only portions (or not to enter into an agreement for any) of
the services contemplated by the proposals with one or more of the proposers;
• To select the proposal that best satisfies the interests of the County and not necessarily
based on price or any other single factor;
• To interview the proposer(s);
• To request or obtain additional information the County deems it necessary to determine
the ability of the proposer;
• To modify dates;
• All proposals prepared in response to this RFP are at the sole expense of the proposer,
and with the express understanding that there will be no claim whatsoever for
reimbursement from the County for the expenses of preparation. The County assumes no
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responsibility or liability of any kind for costs incurred in the preparation or submission
of any proposal;
• While this is an RFP and not a bid, the County reserves the right to apply the case law
under General Municipal Law § 103 regarding bidder responsibility in determining
whether a proposer is a responsible vendor for the purpose of this RFP process;
• The County is not responsible for any internal or external delivery delays which may
cause any proposal to arrive beyond the deadline stated. To be considered, proposals
MUST arrive at the place specified herein and be time-stamped prior to the deadline.
EVALUATION
The following criteria, not necessarily listed in order of importance, will be used to review the
proposals. The County reserves the right to weigh its evaluation criteria in any manner it deems
appropriate:
• Proposer’s demonstrated capability to provide the services.
• Evaluation of the technical qualifications, personal background and resume(s) of
individuals involved in providing services.
• Proposer’s experience to perform the proposed services.
• Proposer’s financial ability to provide the services.
• Evaluation of the proposer’s fee submission. It should be noted that while price is not the
only consideration, it is an important one.
• A determination that the proposer has submitted a complete and responsive proposal as
required by this RFP.
• An evaluation of the proposer’s projected approach and plans to meet the requirements of
this RFP.
• The proposer’s presentation at and the overall results of any interview conducted with the
proposer.
• Proposers MUST sign the Proposal Certification attached hereto as Exhibit “A”.
• Proposers may be required to give an oral presentation to the County to clarify or
elaborate on the written proposal.
• No proposal will be accepted from nor any agreement awarded to any proposer that is in
arrears upon any debt or in default of any obligation owed to the County. Additionally,
no agreement will be awarded to any proposer that has failed to satisfactorily perform
pursuant to any prior agreement with the County.
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WRITTEN PROPOSALS
In one box or envelope, submit one (1) original and five (5) copies of your written proposal to
include answers to the questions listed below.
Proposals will be evaluated, generally on your firm’s response to the following questions, (Score
sheet is shown in Exhibit “B”). Note – even those items that are listed as “NNR” (no numerical
rating) are important and must be addressed in your proposal. NNR items that are unanswered
may adversely impact your overall ranking.
A. Qualifications
1) State clearly whether your main office/parent firm is currently certified as an
individual, partnership or corporation to do business in New York State. (If not
certified in New York State, please advise how you propose to execute an
agreement in New York State.)
Indicate if this would be a joint venture proposal with another organization. The
reasons for a joint venture should be presented.
2) State any potential conflicts of interest. Include any employment or other
relationship your firm has with regulating agencies, or any other entity which
may be perceived as a conflict of interest. Explain why any such potential
conflicts of interest would not impact this project.
3) State the number of Employees in the Firm - If a branch office will perform
work, indicate the size of the branch office. Also indicate, in relation to this
project, how size of firm would relate to performance.
4) State the location (municipality) of the team you would assign to this project. If
more than one team is proposed or if team support is to be provided by another
office, please explain. State a response time to questions or request for on-site
troubleshooting an operational system.
5) Indicate the workforce demographics at the firm level and on the project team,
using the job categories, race/ethnicity, and male/female data presented in
Federal EEOC Standard Form 100 (EEO-1).
6) List any current or anticipated obligations which may affect the project or use of
the identified personnel proposed for this project. State an anticipated response
time (in days) to submit a cost proposal when requested and a start time (in days)
from the time a work order is issued.
B. Expertise/Experience
1) Present your special expertise for the services and how your firm’s qualifications
would best serve the County on this Project. (Resumes should be attached at the
end of the proposal.). Note if employees that will be involved in the project hold
certifications in UL508A Construction and Installation of Control Panels or
ISA/IEC 62443 Control Systems Cybersecurity. Indicate what technical
subcontractors you would utilize for the project. Indicate where the
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subcontractors are located and what services they would provide. Recite any
experience or familiarity of the subcontractors which is pertinent to the specific
requirements of this scope and the basis of your confidence in their ability to
perform. If your firm possesses specialty capabilities which allow work normally
subcontracted to be performed in-house, present this information here.
2) Recite a list of no more than five projects executing one or more components of
the scope within the last five years, giving the size of the project in dollars, the
client, including the name and phone number of the person to whom you were
accountable, and if the project was completed.
3) Recite current and past work experience within the last five years if any, your
firm has had with the County outside of the Department of Environment and
Planning. Please note, the Erie County Water Authority is not part of the County
of Erie’s government. Identify the other Department(s) for which the services
were provided and the project title.
4) Disclosure of any Past County Employees - Indicate any personnel (either as an
employee or through a contractual relationship) who, within the last year prior to
the date of this proposal, had been employed by the County of Erie. Also,
indicate that person’s County work title and the Department for which he/she
worked. If there is any, an explanation of the significance of the employee on the
project should be presented.
C. Project
1) Provide a written evaluation of the “Scope of Services” which indicates your
unique approach to performing this project.
2) Indicate which MBE/WBE/SDVOB subcontractors you would propose to use on
this project and why. Show what percentage of work is proposed to be assigned
to MBE/WBE/SDVOB subcontractors. If your firm is a certified MBE, WBE.
and/or SDVOB firm, please state here and include self-performed work in the
calculation of utilization.
D. Rate
Indicate the firm’s total composite indirect cost rate(s) (overhead) which would be added
to salaries in your billings for the project. The stated overhead rate(s) should take into
consideration the project’s duration. The rate(s) will be considered fixed for the duration
of the project. The overhead rate is to be based either directly on actual costs (hours
rates) or if salary cost is used, indicate the percentage applied to direct salaries to arrive at
the salary cost. Indicate your firm’s indirect cost rate which would be applied to
overtime hours. If the same, indicate as such.
E. Proposer Certification: Signed Proposer Certification to be included with all
proposals.
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SELECTION
All Proposals, timely received and complete, will be evaluated and ranked by a selection
committee comprised of staff from Erie County. The evaluation is based on the Written Proposals
using a numerical score sheet related to the questions posed in the Proposal Guidelines.
Interviews are generally not conducted, but may be called where determined to be appropriate for
the evaluation .
CONTRACT
After selection of the successful proposer, a formal written contract (see Exhibit “D”) will be
prepared by the County of Erie and will not be binding until signed by both parties and, if
necessary, approved by the Erie County Legislature, the Erie County Fiscal Stability Authority
and the Office of the County Attorney. NO RIGHTS SHALL ACCRUE TO ANY PROPOSER
BY THE FACT THAT A PROPOSAL HAS BEEN SELECTED BY THE COUNTY FOR
SUBMISSION TO THE ERIE COUNTY LEGISLATURE AND/OR THE ERIE COUNTY
FISCAL STABILITY AUTHORITY FOR APPROVAL. THE APPROVAL OF SAID
LEGISLATURE AND/OR AUTHORITY MAY BE NECESSARY BEFORE A VALID AND
BINDING CONTRACT MAY BE EXECUTED BY THE COUNTY.
INDEMNIFICATION AND INSURANCE
The proposer accepts and agrees that language in substantially the following form will be
included in the contract between the proposer and the County:
“In addition to, and not in limitation of the insurance requirements contained herein the Technical
Company agrees:
The Technical Company agrees: that except for the amount, if any, of
damage contributed to, caused by, or resulting from the negligence of the
County, the Technical Company shall defend, indemnify and hold
harmless the County, its officers, employees, and agents from and against
the Technical Company’s proportional share of liability, damage, claim,
demand, cost, judgment, fee, attorneys’ fees, or loss which the County may
sustain, be subject to, or be caused to incur because of or as a result of (a)
any wrongful act, error, or omission of the Technical Company or third-
parties under the direction or control of the Technical Company; or (b) any
willful misconduct of the Technical Company or third parties under the
direction or control of the Technical Company; or (c) any infringement of
any claimed copyright or patent right of designs, plans, drawings, or
specifications furnished by the Technical Company or its subcontractor
Company. Nothing contained herein shall create or give to third parties
any claim or right of action against the County or the Technical Company
beyond such as may legally exist without regard to this provision.
Upon execution of any contract between the proposer and the County, the proposer will be
required to provide proof of the insurance coverage described in Schedule “B” of the attached
Agreement.
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Insurance coverage in amount and form shall not be deemed acceptable until approved by the
County Attorney.
INTELLECTUAL PROPERTY RIGHTS
The proposer accepts and agrees that language in substantially the following form will be
included in the contract between the proposer and the County:
All deliverables created under this Agreement by the Technical Company are to
be considered “works made for hire”. If any of the deliverables do not qualify as
“works made for hire”, the Technical Company hereby assigns to the County all
right, title and interest (including ownership of copyright) in such deliverables
and such assignment allows the County to obtain in its name copyrights,
registrations and similar protections which may be available. The Technical
Company agrees to assist the County, if required, in perfecting these rights. The
Technical Company shall provide the County with at least one copy of each
deliverable.
The Technical Company agrees to indemnify and hold harmless the County for
all damages, liabilities, losses and expenses arising out of any claim that a
deliverable infringes upon an intellectual property right of a third party. If such a
claim is made, or appears likely to be made, the Technical Company agrees to
enable the County’s continued use of the deliverable, or to modify or replace it.
If the County determines that none of these alternatives is reasonably available,
the deliverable will be returned.
All records compiled by the Technical Company in completing the work
described in this Agreement, including but not limited to written reports, source
codes, studies, drawings, blueprints, negatives of photographs, computer
printouts, graphs, charts, plans, specifications and all other similar recorded data,
shall become and remain the property of the County. The Technical Company
may retain copies of such records for its own use.
NON-COLLUSION
The proposer, by signing the proposal, does hereby warrant and represent that any ensuing
agreement has not been solicited, secured or prepared directly or indirectly, in a manner contrary
to the laws of the State of New York and the County of Erie, and that said laws have not been
violated and shall not be violated as they relate to the procurement or the performance of the
agreement by any conduct, including the paying or the giving of any fee, commission,
compensation, gift, gratuity or consideration of any kind, directly or indirectly, to any County
employee, officer or official.
CONFLICT OF INTEREST
All proposers must disclose with their proposals the name of any officer, director or agent who is
also an employee of the County of Erie. Further, all proposers must disclose the name of any
County employee who owns, directly or indirectly, an interest of ten percent or more in the firm
or any of its subsidiaries or affiliates.
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There shall be no conflicts in existence during the term of any contract with the County. The
existence of a conflict shall be grounds for termination of a contract.
COMPLIANCE WITH LAWS
By submitting a proposal, the proposer represents and warrants that it is familiar with all federal,
state and local laws and regulations and will conform to said laws and regulations. The
preparation of proposals, selection of proposers and the award of contracts are subject to
provisions of all Federal, State and County laws, rules and regulations.
CONTENTS OF PROPOSAL
The New York State Freedom of Information Law as set forth in Public Officers Law, Article 6,
Sections 84 et seq., mandates public access to government records. However, proposals submitted in
response to this RFP may contain technical, financial background or other data, public disclosure of
which could cause substantial injury to the proposer's competitive position or constitute a trade
secret. Proposers who have a good faith belief that information submitted in their proposals is
protected from disclosure under the New York Freedom of Information Law shall:
a) insert the following notice in the front of its proposal:
“NOTICE
The data on pages ___ of this proposal identified by an asterisk (*)
contains technical or financial information constituting trade
secrets or information the disclosure of which would result in
substantial injury to the proposer’s competitive position.
The proposer requests that such information be used only for the
evaluation of the proposal, but understands that any disclosure will
be limited to the extent that the County considers proper under the
law. If the County enters into an agreement with this proposer, the
County shall have the right to use or disclose such information as
provided in the agreement, unless otherwise obligated by law.”
and
b) clearly identify the pages of the proposals containing such information by typing in
bold face on the top of each page " * THE PROPOSER BELIEVES THAT THIS
INFORMATION IS PROTECTED FROM DISCLOSURE UNDER THE STATE
FREEDOM OF INFORMATION LAW."
The County assumes no liability for disclosure of information so identified, provided that
the County has made a good faith legal determination that the information is not protected from
disclosure under applicable law or where disclosure is required to comply with an order or
judgment of a court of competent jurisdiction.
The contents of the proposal which is accepted by the County, except portions "Protected
from Disclosure", may become part of any agreement resulting from this RFP.
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EFFECTIVE PERIOD OF PROPOSALS
All proposals must state the period for which the proposal shall remain in effect (i.e. how much
time does the County have to accept or reject the proposal under the terms proposed). Such period
shall not be less than 180 days from the proposal date.
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EXHIBIT “A”
PROPOSER CERTIFICATION
The undersigned agrees and understands that this proposal and all attachments, additional
information, etc. submitted herewith constitute merely an offer to negotiate with the County of
Erie and is NOT A BID. Submission of this proposal, attachments, and additional information
shall not obligate or entitle the proposing entity to enter into a service agreement with the County
of Erie for the required services. The undersigned agrees and understands that the County of Erie
is not obligated to respond to this proposal nor is it legally bound in any manner whatsoever by
the submission of same. Further, the undersigned agrees and understands that any and all
proposals and negotiations shall not be binding or valid against the County of Erie, its directors,
officers, employees or agents unless an agreement is signed by a duly authorized officer of the
County of Erie and, if necessary, approved by the Erie County Legislature, Erie County Fiscal
Stability Authority and/or the Office of the County Attorney.
It is understood and agreed that the County of Erie reserves the right to reject
consideration of any and all proposals including, but not limited to, proposals which are
conditional or incomplete. It is further understood and agreed that the County of Erie reserves all
rights specified in the Request for Proposals.
It is represented and warranted by those submitting this proposal that except as disclosed
in the proposal, no officer or employee of the County of Erie is directly or indirectly a party to or
in any other manner interested in this proposal or any subsequent service agreement that may be
entered into.
Firm Name
Signature
By:
Name and Title
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EXHIBIT “B”
QUALIFICATIONS REVIEW RATING SHEET
DIVISION OF SEWERAGE MANAGEMENT
PROPOSAL REVIEW RATING SHEET
CONTROLS SYSTEMS TECHNICAL SERVICES
ITEMS FIRM #1 FIRM #2 FIRM #3 FIRM #4
A. Qualifications
1. Certified Firm NNR
2. Conflict of Interest 5
3. Size of Firm vs. Project Size 5
4. Location of Team(s) 20
5. Percent Minority within Firm/
Project Team 5
6. Current Obligations (Effect on
Project Described) 20
B. Expertise/Experience
1. Special Expertise – Personnel 40
2. Similar Projects 35
3 Experience with other County
Departments NNR
4. Past County Employees NNR
C. Project
1. Evaluation of Scope of Services 40
2. MBE/WBE/SDVOB Subcontractor 10
D. Rate
1. Overhead Rate(s) 20
E. Proposer Certification NNR
TOTAL SCORE 200
TOTAL PRICE
NNR – No Numerical Rating ; however, response is required from Proposer
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EXHIBIT “C”
Job Classification / Position Title Projected Direct Salary Rates*
*Salary Rate will be for entirety of the Contract.
Proposed Overhead Rates
Office/Support Personnel:
Technical Personnel/ Technicians:
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EXHIBIT “D”
AGREEMENT
1
AGREEMENT
THIS AGREEMENT made the ___________ day of ____________________ 20__
by and between
THE COUNTY OF ERIE, a municipal corporation of the State of New York,
having an office and place of business at 95 Franklin Street, Buffalo, New York
14202
(hereafter the “County”)
and
[Insert legal name of the TECHNICAL COMPANY,], a [insert state, e.g.,
New York State, and insert the legal status, e.g. corporation, partnership or
limited liability company, if applicable] having an office and principal place of
business at [insert address]
(hereafter the “Technician”)
W I T N E S S E T H :
FIRST: The Technician shall provide Controls Systems Technical Services for
various projects and facilities on capital improvement projects and in Sewer District Nos 1 – 6
and 8. The scope of each project shall be outlined in each work order issued, as more fully
described in Schedule “A”, which is attached hereto and made a part hereof (the “Work”). The
Work shall be carried out by the Technician in accordance with the issued work order and the
current industry standards and trade practices.
The Technician expressly agrees that the provisions set forth in the following
schedules:
Schedule A – Scope/Specifications
Schedule B – Standard Insurance Certificate
Schedule C – Time of Completion
Schedule D – Detailed Description of Compensation
Schedule E – Cost Summary Form
Schedule F – County of Erie Local Law No. 1 (2022)
Schedule F-2 – County of Erie Local Law No. 3 (2023)
Schedule “G” – Certification Regarding Debarment and Suspension
2
Schedule “H” – Certification Regarding Drug-Free Workplace
Schedule “I – Certification Regarding Lobbying
Schedule “J” - Erie County Equal Pay Certification
Schedule “K” - Erie County Legislature Resolution (not included)
which are attached hereto shall be incorporated into this Agreement as if fully set forth herein.
SECOND: The term of this Agreement shall commence on [insert date] and shall
terminate on [insert date], unless terminated earlier pursuant to the provisions of this
Agreement. At the County’s discretion, it may extend this agreement by one (1) additional term
through a formal written notice.
The Technician shall report to the County on its progress toward completing the
Work, as the Commissioner may request, and shall immediately inform the Commissioner in
writing of any cause for delay in the performance of its obligations under this Agreement.
The Technician shall properly maintain a detailed daily log relative to the services
rendered for which compensation is to be paid by the County pursuant to the terms of this
Agreement, which shall be submitted on a monthly basis. This log shall include, but not be
limited to, the following:
1. Date.
2. Names and titles of employees rendering service.
3. Nature of service rendered.
4. Required time expended.
THIRD: For the Work to be performed pursuant to Paragraph “FIRST,” the
Technician shall be paid an amount not-to-exceed the actual amount agreed upon for each
executed work order and shall be paid upon completion of the Work. Except as otherwise
expressly stated in this Agreement, no payment shall be made by the County to the Technician
for out-of-pocket expenses or disbursements made in connection with the services rendered or
the work to be performed hereunder.
The Technician shall submit all requests for payment on a properly executed
payment voucher, which must be accompanied by a numbered invoice and include the invoice
number where indicated. All invoices submitted during each calendar year shall utilize
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consecutive numbering and be non-repeating. In no event shall final payment be made to the
Technician prior to completion of all Work and the approval of same by the County.
The Technician shall, at no additional charge, furnish all labor, services, materials,
tools, equipment and other appliances necessary to complete the Work, unless specific additional
charges are expressly permitted under this Agreement. It is recognized and understood that even
if specific additional charges are expressly permitted under this Agreement, in no event shall
total payment to the Technician exceed the not-to-exceed amount set forth above.
FOURTH: Prior to making any payments hereunder, the County may, at its
option, audit such books and records of the Technician as are reasonably pertinent to this
Agreement to substantiate the basis for payment. The County shall, in addition, have the right to
audit such books and records subsequent to payment, if such audit is commenced within one year
following termination of this Agreement.
FIFTH: The parties recognize and acknowledge that the obligations of the County
under this Agreement are subject to appropriations by the Erie County Legislature. Therefore,
this Agreement shall be deemed executory only to the extent of the monies appropriated and
available. The County shall have no liability under this Agreement beyond funds appropriated
and available for payment pursuant to this Agreement. The parties understand and intend that
the obligation of the County hereunder shall constitute a current expense of the County and shall
not in any way be construed to be a debt of the County in contravention of any applicable
constitutional or statutory limitations or requirements concerning the creation of indebtedness by
the County, nor shall anything contained in this Agreement constitute a pledge of the general tax
revenues, funds or moneys of the County. The County shall pay amounts due under this
Agreement exclusively from legally available funds appropriated for this purpose. The County
shall retain the right, upon the occurrence of the adoption of any County Budget by the County
Legislature during the term of this Agreement or any amendments thereto, and for a reasonable
period of time after such adoption(s), to conduct an analysis of the impacts of any such County
Budget on County finances. After such analysis, the County shall retain the right to either
terminate this Agreement or to renegotiate the amounts and rates set forth herein. If the County
4
subsequently offers to pay a reduced amount to the Technician, then the Technician shall have
the right to terminate this Agreement upon reasonable prior written notice.
This Agreement is also subject to further financial analysis of the impact of any New
York State Budget (the “State Budget”) proposed and adopted during the term of this
Agreement. The County shall retain the right, upon the occurrence of any release by the
Governor of a proposed State Budget and/or the adoption of a State Budget or any amendments
thereto, and for a reasonable period of time after such release(s) or adoption(s), to conduct an
analysis of the impacts of any such State Budget on County finances. After such analysis, the
County shall retain the right to either terminate this Agreement or to renegotiate the amounts and
rates approved herein. If the County subsequently offers to pay a reduced amount to the
Technician, then the Technician shall have the right to terminate this Agreement upon reasonable
prior written notice.
SIXTH: (a) The County, upon ten (10) days notice to the Technician, may
terminate this Agreement in whole or in part when the County deems it to be in its best interest.
In such event, the Technician shall be compensated and the County shall be liable only for
payment for services already rendered under this Agreement prior to the effective date of
termination at the rates specified in Schedule “D”. Upon receipt of notice that the County is
terminating this Agreement in its best interests, the Technician shall stop work immediately and
incur no further costs in furtherance of this Agreement without the express approval of the
Commissioner, and the Technician shall direct any approved subcontractors to do the same.
In the event of a dispute as to the value of the Work rendered by the Technician
prior to the date of termination, it is understood and agreed that the Commissioner shall
determine the value of such Work rendered by the Technician. The Technician shall accept such
reasonable and good faith determination as final.
(b) In the event the County determines that there has been a material breach by the
Technician of any of the terms of the Agreement and such breach remains uncured for forty-
eight (48) hours after service on the Technician of written notice thereof, the County, in addition
to any other right or remedy it might have, may terminate this Agreement and the County shall
5
have the right, power and authority to complete the Work provided for in this Agreement, or
contract for its completion, and any additional expense or cost of such completion shall be
charged to and paid by the Technician. Without limiting the foregoing, upon written notice to
the Technician, repeated breaches by the Technician of duties or obligations under this
Agreement shall be deemed a material breach of this Agreement justifying termination for cause
hereunder without requirement for further opportunity to cure.
SEVENTH: The Technician agrees to procure and maintain insurance naming the
County as additional insured where indicated, as provided and described in Schedule “B”,
entitled “Standard Insurance Provisions”, which is attached hereto and made part hereof.
The Technician agrees: that except for the amount, if any, of damage contributed
to, caused by, or resulting from the negligence of the County, the Technician shall defend,
indemnify and hold harmless the County, its officers, employees, and agents from and against
the Technician’s proportional share of liability, damage, claim, demand, cost, judgment, fee,
attorneys’ fees, or loss which the County may sustain, be subject to, or be caused to incur
because of or as a result of (a) any wrongful act, error, or omission of the Technician or third-
parties under the direction or control of the Technician; or (b) any willful misconduct of the
Technician or third parties under the direction or control of the Technician; or (c) any
infringement of any claimed copyright or patent right of designs, plans, drawings, or
specifications furnished by the Technician or its subcontractor. Nothing contained herein shall
create or give to third parties any claim or right of action against the County or the Technician
beyond such as may legally exist without regard to this provision.
EIGHTH: The Technician expressly agrees that neither it nor any Technician,
subcontractor, employee, or any other person acting on its behalf shall discriminate against or
intimidate any employee or other individual on the basis of race, creed, religion, color, gender,
age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual
orientation, familial status, genetic predisposition or carrier status or any other status protected
by New York State or Federal laws during the term of or in connection with this Agreement.
6
NINTH: The Technician shall comply, at its own expense, with the provisions of
all applicable local, state and federal laws, rules and regulations. The Technician shall further
comply, at its own expense, with all applicable rules, regulations and certification requirements
pertaining to its status and that of its employees, partners, associates, subcontractors and others
employed to render the Work hereunder.
TENTH: All records or recorded data of any kind compiled by the Technician in
completing the Work described in this Agreement, including but not limited to written reports,
studies, drawings, blueprints, computer printouts, graphs, charts, plans, specifications and all
other similar recorded data, shall become and remain the property of the County. The
Technician may retain copies of such records for its own use and shall not disclose any such
information without the express written consent of the Commissioner. The County shall have
the right to reproduce and publish such records, if it so desires, at no additional cost to the
County.
ELEVENTH: The Technician shall not delegate any duties or assign any of its
rights under this Agreement without the prior express written consent of the County. The
Technician shall not subcontract any part of the Work without the written consent of the County,
subject to any necessary legal approvals. Any purported delegation of duties, assignment of
rights or subcontracting of Work under this Agreement without the prior express written consent
of the County is void. All subcontracts that have received such prior written consent shall
provide that subcontractors are subject to all terms and conditions set forth
- Page Type
- rfps
- Bid Number
- RFP-purchasing-sites-www3.erie.gov.purchasing-files-2026-07-final-d0-controlstechassistterm-2026-3yr-rfp
- Department
- SEWERS
- Opening Date
- Tuesday, August 18, 2026
- Pdf Enriched
- Yes
Erie County Department of Environment and Planning, Division of Sewerage Management (DEP/DSM)Issuing agency·Buffalo, NY·via the Erie County NY Purchasing Department