- Title
- TO SUBMIT A PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES
- Bid Type
- RFP
- Pdf Text
- NOTICE OF INVITATION
TO SUBMIT A PROPOSAL FOR
PROFESSIONAL ENGINEERING SERVICES
Proposals are requested by the Erie County Department of Environment and Planning,
Division of Sewerage Management (DEP/DSM) for engineering consultant services to provide
Construction Administration and Inspection Services for the Erie County Sewer District (ECSD)
No. 4, Contract No. 61, Depew Pumping Station Improvements project. The top-rated
respondent will be selected to enter into an agreement to provide the services.
In accordance with Local Law No. 6, 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 at 2:00 PM on September 9, 2026. Proposal shall be delivered to ECDEP,
Room 1034, 95 Franklin St., Buffalo, NY 14202.
To obtain a copy of the RFP guidelines, please visit the following website,
http://www2.erie.gov/purchasing/index.php?q=requests-proposals-amp-construction-bids.
Alternatively, you may call (716) 858-8383 or e-mail DSM@erie.gov if you would like to
request a hardcopy.
This invitation does not commit Erie County, or its DEP/DSM to accept any priced
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: 7/22/26
Published: 7/29/26
ERIE COUNTY
REQUEST FOR PROPOSAL (RFP)
TO PROVIDE
CONSTRUCTION ADMINISTRATION AND
INSPECTION SERVICES
For
Erie County Sewer District (ECSD) No. 4 –
Depew Pumping Station Improvements Project – Contract No. 61
File 4.3.3.61-CACI
JULY 2026
DEPARTMENT OF ENVIRONMENT & PLANNING
DIVISION OF SEWERAGE MANAGEMENT
EDWARD A. RATH COUNTY OFFICE BUILDING
95 FRANKLIN STREET – ROOM 1034
BUFFALO, NEW YORK 14202
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COUNTY OF ERIE, NEW YORK
REQUEST FOR PROPOSALS (“RFP”)
File No. 4.3.3.61-CACI
TO PROVIDE Erie County Sewer District (ECSD) No. 4 – Depew Pumping
Station Improvements Project - Contract No. 61 Construction Administration and
Inspection Services
I. INTRODUCTION
The County of Erie, New York (the “County”) is currently seeking Proposal Statements from
qualified consulting firms interested in providing construction administration and inspection
services. Proposers interested in providing such services are invited to respond to this request.
It is the County's intent to select the Proposer that provides the best solution for the County's needs.
The County reserves the right to amend this RFP. The County reserves the right to reject any or
all of 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: Wednesday, July 29, 2026
Proposals Due: Wednesday, September 9, 2026
Recommendation Made: Approximately 30 days following due date
Firms Notified: Following all necessary County approvals
Anticipated Notice-To-Proceed: November 2026
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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. Proposals include a signed
Proposer Certification (Exhibit “A”). Proposals without a signature will be rejected.
3. Submission of the proposals shall be directed to:
Joseph Fiegl, P.E., BCEE, Deputy Commissioner
Department of Environment & Planning
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 Wednesday,
September 9, 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 12 p.m. on Friday, August 28, 2026. Formal
written responses will be distributed by the County on or before Wednesday, September
2, 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.
7. All proposers submitting proposals must include a cost proposal in a separate sealed
envelope clearly labeled with the proposer name, due date of proposal, proposal
name (“Depew Pumping Station Improvements Construction Administration and
Inspection”) and “Cost Proposal”.
III. SCOPE OF PROFESSIONAL SERVICES REQUIRED
See Exhibit “D” (Schedule “A” of the Agreement).
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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:
• 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 on
the basis of price or any other single factor;
• To interview the proposer(s);
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• To request or obtain additional information the County deems 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
responsibility or liability of any kind for costs incurred in the preparation or submission
of any proposal;
• While this is a 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 stated deadline. 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 professional 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”.
Unsigned proposals will be rejected.
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• 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.
WRITTEN PROPOSALS
In one 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 authorized to
perform professional engineering in New York State.
Indicate if this would be a joint venture proposal with another professional
organization. The reasons for a joint venture should be presented. (Please
provide documentation for all firms for compliance with New York State
Education Law).
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 inspection and electrical engineering team
you would assign to this project.
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.
B. Expertise/Experience
1) Present your special expertise for the project and show how your firm’s
qualifications would best serve the County on this Project. (Resumés should be
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attached at the end of the proposal.). Also, indicate what professional or
technical subcontractors you would utilize for the project. Indicate where the
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 project 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 (5) similar projects 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, whether DEC and/or EPA
were involved and if the project was constructed or otherwise completed.
3) Recite current and past work experience within the last five years, if any, your
firm has had with the County of Erie 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 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 along with a description of your in-
house construction inspection procedures and the responsibility of your
construction engineers and inspector to those procedures.
2) Based on the Scope of Services, Form of Contract, these Guidelines and the
expected job duration, indicate the total number of labor hours for each of the
various employee types (job classification) who will be assigned to the project.
The labor hours should be listed and totaled by Job Classification and
Engineering Phase (if hours General Services (a) are included in your approach).
If subcontractors are to be utilized on any phase of the project, provide separate
breakdown which displays the number of labor hours for each of their employee
types who will assist on this project. The above information is to be presented in
a format as shown on the enclosed table labeled “Labor Hour Summary Sheet”
(Exhibit “C”). You may substitute your own layout (i.e. spreadsheet printouts) in
lieu of using the enclosed form. (Please note the DEP Summary Form, ECDEP-
CS-1, is to be utilized in the breakdown of costs in sealed price proposal).
Resident engineering is as indicated in Exhibit “D”, Schedule “C”. All labor
hours must be shown in Exhibit “C”.
3) Include with your proposal the resume(s) of your inspector(s) and electrical
engineer(s) proposed to be utilized for this project.
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4) 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. Please refer to funding and MBE/WBE/SDVOB
discussions in Schedule “A”.
5) State the length of time necessary to complete each engineer phase (Exhibit “D” -
Agreement, Schedule A - Item III). Indicate the minimum time required based
on Exhibit “D”, Schedule “C” and the Consultant’s knowledge and approach.
D. Proposer Certification: Proposals are to include a signed Proposer Certification.
PRICE PROPOSALS
In two (2) separately sealed envelopes identifying your firm and the project and marked
“CONFIDENTIAL - Pricing Information - To be Opened by the Deputy Commissioner, Joseph
L. Fiegl, P.E.,” submit one (1) copy each of your price proposal for “A - Construction
Administration Services” and “B - Resident Engineering Services”.
Each price proposal is to be for the entire section of the project as described in these Instructions,
the Form of Agreement and the Scope of Services attached. Exceptions or limitations in your
proposal shall not be placed in a sealed priced proposal unless clearly described in the written
proposal. Respondents are advised that all price proposals are subject to negotiation at the
discretion of the D.E.P.
The proposed costs and fees are to be presented on the Erie County Division of Sewerage
Management for entitled “Cost Summary Format for Engineering Subagreements” (ECDEP-CS-
1). See Schedule “E” in Exhibit “D”.
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.
When the evaluation of the written proposals are complete, all priced proposals will be
opened. Total cost will be part of the final selection criteria.
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CONTRACT
After selection of the successful proposer(s), a formal written contract(s) (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 Consultant agrees:
The Consultant agrees: that except for the amount, if any, of damage
contributed to, caused by, or resulting from the negligence of the County,
the Consultant shall defend, indemnify and hold harmless the County, its
officers, employees, and agents from and against the Consultant’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 Consultant or third-parties under the direction or control of
the Consultant; or (b) any willful misconduct of the Consultant or third
parties under the direction or control of the Consultant; or (c) any
infringement of any claimed copyright or patent right of designs, plans,
drawings, or specifications furnished by the Consultant or its
subconsultant. Nothing contained herein shall create or give to third
parties any claim or right of action against the County or the Consultant
beyond such as may legally exist without regard to this provision.
Upon execution of any contract between a proposer and the County, the proposer will be
required to provide proof of the insurance coverage described in Schedule “B” of the attached
Agreement (Exhibit “D”).
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:
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All deliverables created under this Agreement by the Consultant are to be
considered “works made for hire”. If any of the deliverables do not qualify as
“works made for hire”, the Consultant 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 Consultant agrees to assist the
County, if required, in perfecting these rights. The Consultant shall provide the
County with at least one copy of each deliverable.
The Consultant 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 Consultant 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 Consultant 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 Consultant 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.
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.
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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.
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 agree 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
ERIE COUNTY SEWER DISTRICT NO. 4
DEPEW PUMP STATION IMPROVEMENTS
CONSTRUCTION ADMINISTRATION AND INSPECTION
ITEMS FIRMS
A. Qualifications
1. Licensed Firm NNR
2. Conflict of Interest 5
3. Size of Firm vs. Project Size 5
4. Location of Team(s) 15
5. Percent Minority within Firm/
Project Team 5
6. Current Obligations (Effect on
Project Described) 10
B. Expertise/Experience
1. Special Expertise 40
2. Similar Projects 30
3. Experience with other County
Departments NNR
4. Past County Employees NNR
C. Project
1. Evaluation of Scope of Services 25
2. Labor Hours 15
3. Evaluation of Resumes 20
4. MBE/WBE/SDVOB Subcontractors 20
5. Time of Completion / Schedule 10
D. Proposer Certification NNR
TOTAL SCORE 200
COSTS
RANK
NNR – No Numerical Rating ; however, response is required from Proposer
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EXHIBIT “C”
LABOR SUMMARY SHEET
ENGINEERING TASK
PERSONNEL HOURS BY JOB
CLASSIFICATION TOTALS
III A Construction Administration
(CA) Services During
Construction
III B Resident Engineering
Services
Total
In the sealed cost proposal provide a separate Cost Estimate Form for each Task. Costs should not be
provided on this sheet.
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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 CONSULTANT,], 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 “Consultant”)
W I T N E S S E T H :
FIRST: The Consultant shall provide Administrative and (or) Inspection
Services for ECSD No. 4, Contract No. 61, Depew Pumping Station Improvements project,
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 Consultant in accordance current industry
standards and trade practices.
The Consultant 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-1 – County of Erie Local Law No. 1 (2022)
Schedule F-2 – County of Local Erie Law No. 3 (2023)
Schedule G – Certification Regarding Debarment and Suspension
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
2
which are attached hereto shall be incorporated into this Agreement as if fully set forth herein.
A list of key personnel of the Consultant, who shall be responsible for the
implantation of this Agreement, is set forth in Schedule “A”. The Consultant shall provide the
County with prior written notice of any proposed changes in key personnel, and the
Commissioner of The Department of Environment and Planning or his/her duly authorized
designee (the “Commissioner”) shall have sole discretion to approve or disapprove of any such
personnel changes.
SECOND: The Consultant shall commence the Work immediately upon written
notification from the Department (the “Commencement Date”) and shall be completed no later
than within the time frames set forth in Schedule “C”.
The Consultant 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 Consultant 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. Phase of project worked on.
4. Required time expended.
The Consultant shall complete those specific Work items identified in Schedule
“A” by the interim deadlines set forth therein, unless an interim deadline is extended by the
Commissioner in writing, subject to any necessary legal approval of such amendment. Timely
completion of the Work is of the essence.
The Consultant shall supply sufficient and adequate personnel to assure
completion of the Work within the time agreed.
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THIRD: For the Work to be performed pursuant to Paragraph “FIRST,” the
Consultant shall be paid an amount not-to-exceed [insert amount] ($[insert numeric amount])
Dollars, in the manner and at the rates set forth in Schedule “D”, which is attached hereto and
made a part hereof. Except as otherwise expressly stated in this Agreement, no payment shall be
made by the County to the Consultant for out-of-pocket expenses or disbursements made in
connection with the services rendered or the work to be performed hereunder.
Any and all requests for payment to be made, including any request for partial
payment if such is permitted hereunder, shall be submitted by the Consultant on properly
executed payment vouchers of the County and paid only after approval by the County. All
payment vouchers must be accompanied by a numbered invoice and must contain the invoice
number where indicated. All invoices submitted during each calendar year shall utilize
consecutive numbering and be non-repeating. In no event shall final payment be made to the
Consultant prior to completion of all Work and the approval of same by the County.
The Consultant 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 Consultant exceed the not-to-exceed amount set forth above.
FOURTH: Prior to the making of any payments hereunder, the County may, at its
option, audit such books and records of the Consultant 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
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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
subsequently offers to pay a reduced amount to the Consultant, then the Consultant 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
Consultant, then the Consultant shall have the right to terminate this Agreement upon reasonable
prior written notice.
SIXTH: (a) The County, upon ten (10) days notice to the Consultant, may
terminate this Agreement in whole or in part when the County deems it to be in its best interest.
In such event, the Consultant 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
5
terminating this Agreement in its best interests, the Consultant shall stop work immediately and
incur no further costs in furtherance of this Agreement without the express approval of the
Commissioner, and the Consultant shall direct any approved subconsultants to do the same.
In the event of a dispute as to the value of the Work rendered by the Consultant
prior to the date of termination, it is understood and agreed that the Commissioner shall
determine the value of such Work rendered by the Consultant. The Consultant 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
Consultant of any of the terms of the Agreement and such breach remains uncured for five (5)
business days after service on the Consultant 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
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 Consultant. Without limiting the foregoing, upon written notice to the
Consultant, repeated breaches by the Consultant 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 Consultant 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 Consultant agrees: that except for the amount, if any, of damage contributed
to, caused by, or resulting from the negligence of the County, the Consultant shall defend,
indemnify and hold harmless the County, its officers, employees, and agents from and against
the Consultant’s proportional share of liability, damage, claim, demand, cost, judgment, fee,
attorneys’ fees, or loss which the County ma
- Page Type
- rfps
- Bid Number
- RFP-purchasing-sites-www3.erie.gov.purchasing-files-2026-07-to-provide-construction-administration-and-inspection-services
- Department
- ENVIRONMENT AND PLANNING
- Opening Date
- Wednesday, September 9, 2026
- Pdf Enriched
- Yes
