Request for Proposals for an Area-wide Brownfield Plan for the Lowerre Neighborhood Yonkers, New York Issued by Groundwork Hudson Valley 2/2/2014
Table of Contents I. Project Overview A. Introduction B. Project Background C. Project Description D. City of Yonkers Assistance E. A Catalyst for Community Change II. Scope of Work A. Definitions B. Scope of Work III. Proposal Format and Content, and Submission Requirements A. Proposal Format and Content B. Proposal Submission Requirements IV. Proposal Administration A. Selection Process B. Selection Process Schedule C. Contract Negotiations D. Questions Relating to the RFP V. Insurance Requirements VI. Contract Term VII. General Terms, Conditions and Exceptions
I. Project Overview A. Introduction Groundwork Hudson Valley is an organization that engages local businesses, residents and government officials to revitalize neighborhoods and transform community liabilities into community assets. Groundwork Hudson Valley was awarded an EPA Area-wide Brownfields Planning Grant and is seeking proposals from interested Applicants to provide professional services to prepare an Area-wide Brownfields Plan for the Lowerre Neighborhood located in Yonkers, New York. Groundwork Hudson Valley is seeking a firm or team of firms with experience in brownfields, urban planning and design, environmental planning, civil engineering, market analysis, transportation planning and community outreach. B. Project Background The EPA's Brownfields Area-Wide Planning Program assists communities in responding to local brownfield challenges, particularly where multiple brownfield sites are in close proximity, connected by infrastructure, and limit the economic, environmental and social prosperity of their surroundings. This program enhances EPA's core brownfields assistance programs by providing grant funding to communities so they can perform the research needed to develop an area-wide plan and implementation strategies for brownfields assessment, cleanup, and reuse. The resulting area-wide plans provide direction for future brownfields area improvements that are protective of public health and the environment, economically viable, and reflective of the community's vision for the area. Groundwork Hudson Valley proposes to carry out an Area-Wide Brownfields planning project in one of the hardest hit neighborhoods in the New York region. The area known historically as the Lowerre Neighborhood in Yonkers, NY (but colloquially-named for the most troubled street in the half mile square area) has the highest crime rate in the City of Yonkers, the second highest rate of poverty, thousands of under-skilled youth that make up nearly half of the population, and among the highest percentage of people born outside of the United States in the region. Yonkers itself is just north of New York City (NYC). The Lowerre Neighborhood is bordered by Van Cortlandt Park on the south, one of NYC s great open spaces in the Bronx. It is also bordered on the west by a predominantly Spanish-speaking business corridor known as South Broadway (the same avenue that goes down to Times Square), and by McLean Avenue on the north and east (see Figure 1).
Figure I: The Lowerre Neighborhood Showing the Old Putt Right-of-Way Brownfield Like many inner suburbs, the neighborhood had a vibrant and promising start. It was one of the nation s first planned, transit-oriented developments reached by the Getty Square branch of the Putnam commuter railway, which traversed a path from downtown Yonkers to NYC from 1887 to 1944. The Putnam line brought commuters to Grand Central Station in just about 25 minutes. The streets in the Lowerre Neighborhood were laid out in relation to two station stops along the railway, which were surrounded by shops catering to workers going in and out of NYC or to downtown Yonkers. Many of the area s streets meander in a graceful way reflective of early suburbs and differentiating themselves from the grid street layout just south in NYC. Grand homes along the rocky slopes of the neighborhood look toward Manhattan and suggest the early prosperity of the area, though many are now in poor condition and difficult to maintain. Once elegant apartment buildings surround these homes with views over Van Cortland Park and the Hudson River one mile to the west. The abandoned Getty Square branch line now comprises a contiguous series of vacant brownfields that runs through the heart of the Lowerre Neighborhood (see Figure 2).These constitute the Catalyst Brownfield Sites for this for this area-wide planning project and they have been lying dormant for more than 50 years. The railway led to the area s development in a different era, and its reuse, led by the community partnership, is the central idea around which neighborhood revitalization is now being planned. What is amazing about this branch line is that after 50 years the continuous path of the railroad right of way is more or less intact. The route is clearly visible for most of its journey from Van Cortlandt Park to downtown Yonkers four miles to the north, though the stations, the track, and bridges were demolished. This path in the Lowerre Neighborhood is a critical link between Yonkers and New York City, and is also the right of way section that is most integrated within a neighborhood setting.
Figure 2: The Yonkers Spur of the Putnam Line The re-use of these Catalyst Brownfield Sites is one of the community s highest priorities. The conversion of these Catalyst Brownfield Sites for phase one of a multiuse trail is especially appealing given the need to access jobs in NYC as the path would provide a direct link to the NYC subway stops; the need to address health, especially obesity, issues (the path would provide a new recreation space and a link to Van Cortlandt Park from Yonkers, which is now blocked off); and the need to revitalize the local economy and housing market (the path would draw more visitors from NYC to the South Broadway business district and would be a catalyst for new investors in housing and retail). There is much to be understood about the viability of such a plan and the community partnership involved including the City of Yonkers, wants and needs to understand the constraints, challenges, and opportunities of this brownfields renewal project and how it will serve as a catalyst for the Lowerre Neighborhood. There is much information that the community needs, including: the potential contamination and remediation issues, the infrastructure investments required, the market potential for residential and commercial activities, transportation options, the infill housing and retail possibilities around the Catalyst Brownfield Sites, the security issues, and the ancillary developments, such as a community center on the site or adjacent to it (another community priority). In short, the area-wide brownfields planning process will provide the mechanism for understanding these issues, carrying out the research, laying out the information to the partnership, and then jointly creating an implementation plan to move forward on reusing the Catalyst Brownfield Sites. C. Project Description This project involves the conduct of research and analysis and preparation of an Areawide Brownfields Plan for the Lowerre Neighborhood. A critical element of this work is determining how redevelopment of the Catalyst Brownfield Sites (the abandoned Getty Square branch line right of way) for a multi-use trail will spur a rejuvenation of the
Lowerre neighborhood. A total of $75,000 is available for the successful performance and completion of the tasks to be conducted by the Chosen Applicant. Groundwork Hudson Valley has assembled a Lowerre Area-Wide Brownfields Plan Steering Committee which will serve as the governing structure for the Area-Wide Brownfields Plan. Members of the Steering Committee include representatives from five chief constituencies: property owners, residents and community groups, businesses, political representatives, and law enforcement. Steering Committee members will play a pivotal role in outreach efforts to obtain broad public participation. The foundation of the Area-wide Brownfields Planning effort and ultimate plan is the identification of four or five community priorities. A series of four community engagement meetings one with the Steering Committee, one with the business community, and two with the general neighborhood population - will take place in an effort to determine these community priorities. This community engagement process will be conducted by another consultant and will begin before the Chosen Applicant begins its work. However, the Chosen Applicant must use the four or five community priorities as the foundation of the Lawrence Neighborhood Area-wide Brownfields Plan. D. City of Yonkers Participation The Mayor of Yonkers and his staff have expressed their dedication to the completion of this project. Applicants will find the City of Yonkers a willing resource of information and city officials have vowed to work closely with any Applicant to provide information that might be needed in the completion of this plan. Upon award of this contract, a meeting will be set up with representatives from the Planning Department, and Groundwork, to discuss how best to collaborate. E. Catalyst for Community Change Like many communities, Yonkers faces many systemic challenges that plague most inner-cities and that hinder the social, economic, and communal revitalization of the area. The Lowerre neighborhood is representative of such a place, and is further hindered by the loss of its identity as a transportation hub and the subsequent presence of a railway brownfield. Groundwork Hudson Valley is looking for Applicants that no only demonstrate solid proficiency in community planning and who are skilled at creating intriguing landscape designs, but those that understand how any proposed changes can impact the broader community and truly serve as a catalyst for neighborhood renewal. Our goal is to make the Lowerre Neighborhood a destination in itself, one that embodies innovative strategies, smart growth, and utilizes green infrastructure that spur community interest and involvement. Groundwork Hudson Valley, itself an award-winning environmentally-focused community development organization looks forward to working with any Applicant on plans that enhance the economic, social and environmental wellbeing of Yonkers. Groundwork is part of a national network of organizations called Groundwork USA.
II. Scope of Work This section states requirements for the project, including the services and the work products to be delivered, and the tasks that Groundwork Hudson Valley has identified as necessary to meet those requirements. Groundwork Hudson Valley reserves the right, however, to modify specific requirements, based on changed circumstances, the proposal selection process and the contract negotiations with the Applicant selected for negotiations, and to do so with or without issuing a revised RFP. The Applicant must provide in its proposal a detailed proposed scope of work and schedule showing how it will meet the project requirements stated in this section. A. Definitions Unless otherwise specified, words, phrases, abbreviations and/or acronyms have the following meanings: Applicant: Consulting firm, or team of consulting firms preparing a proposal in response to this request for proposal Brownfield: Real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant Catalyst Brownfield Sites: High priority sites within the community which, once remediated and reused, have the potential to spur additional revitalization within the area. In the Lowerre Neighborhood, the Catalyst Brownfield Sites are the former right of way of the Getty Square branch line shown in Figure 2 and proposed to be redeveloped as a multi-use trail. Chosen Applicant: A consulting firm, or team of consulting firms under contract with Groundwork Hudson Valley to perform all the necessary tasks to create a Lowerre Neighborhood Area-wide Brownfields Plan. EPA: Environmental Protection Agency Lowerre Neighborhood: The Lowerre Neighborhood is bordered by Van Cortlandt Park on the south, by South Broadway on the west, and by McLean Avenue on the north and east (see Figure 1). RFP: Request for Proposal B. Scope of Work The phases envisioned for this project are outlined below. An Applicant may suggest, as part of its submission, different approaches, refinements, and improvements to the tasks, provided that they are consistent with the overall purpose of the project. It is expected that the Chosen Applicant will have a multi-disciplinary team and will include specialists in brownfields, urban planning and design, environmental planning, civil engineering, market analysis, and transportation planning. A general time frame associated with the conduct and completion of the work required in this RFP is as follows:
March 14, 2014 Contract awarded. Initial meetings set up with contractor to go over the scope of work. Contractor begins work. Groundwork Hudson Valley and the Area-Wide Planning Grant Steering Committee conduct a series of four community engagement meetings one with the Steering Committee, one with the business community, and two with the general neighborhood population - to identify four to five community priorities. (To be performed by another consultant) April - May, 2014 Draft reports due (Task 1: Existing Conditions Research and Analysis, Task 2: Transportation Research and Analysis, and Task 3: Market Analysis Research). Presentation to the Steering Committee. June, 2014 Prepare re-use strategy drawings to be used by Groundwork and the Steering Committee in Design Workshops with key neighborhood stakeholders and residents. August, 2014 Final reports due (Task 1: Existing Conditions Research and Analysis, Task 2: Transportation Research and Analysis, and Task 3: Market Analysis Research). Presentation to the Steering Committee. September, 2014 Retreat with Steering Committee to formulate Area-Wide Brownfields Plan elements, including the Implementation Plan. November, 2014 First Draft of Lowerre Area-Wide Brownfields Plan due. Presentation to the Steering Committee. December, 2014 Final Lowerre Area-Wide Brownfields Plan due. Presentation to the community. Proposals submitted in response to this RFP must demonstrate how the following tasks will be fulfilled by the Applicant in the timeframe noted above. The evaluation of the proposals will take into consideration how well the proposal responds to these tasks. The scope of work will be finalized once a consultant is selected and at a minimum will include the following tasks:
Task 1: Existing Conditions Research and Analysis An inventory and review of the current conditions and elements of the Lowerre neighborhood will be conducted to inform future analyses and recommendations that will be part of the Lowerre Area-wide Brownfields Plan. An in-depth analysis will be conducted and will include, but not be limited to: existing land uses and conditions, demographics, development patterns, open space and parks, historic areas, transportation systems, parking allocations and minimum parking requirements, natural resources and environmental features, land use policies and zoning regulations, infrastructure, and planning activities. The report should include statements of the current public health of the Lowerre Neighborhood which will be provided by other partners (not covered by this grant). A standalone existing conditions report will be prepared and will be an appendix to the Lowerre Area-wide Brownfields Plan. Task 2: Transportation Research and Analysis As the proposed use of the Catalyst Brownfield Sites is a multi-use trail, inventory of the area s transportation system is needed, as well as an analysis as to how this trail will become part of the transportation network, especially as it relates to the much larger proposed project to extend the greenway from Van Cortlandt Park through Getty Square to the Hudson Riverfront at the Science Barge. This transportation analysis will need to take into consideration how the greenway will help people get where they want, when they want, in an affordable and safe manner, especially in ways that rely on public transportation and alternative strategies such as walking or biking. Graphic representations of existing and proposed transportation conditions, such as various transit maps at different points in the day and week, could be helpful. Tools such as Walk Score or the Housing + Transportation Affordability Index could be used to illuminate the analysis. A standalone transportation report will be prepared and will be an appendix to the Lowerre Area-wide Brownfields Plan. Task 3: Market Analysis Research Market analysis research is needed for the Lowerre Neighborhood. The Applicant will conduct analyses for the potential demand for residential and the potential demand commercial (office, industrial, and retail) uses, including its financial productivity to City tax revenues (i.e. impact on the tax base). A standalone market analysis report will be prepared and will be an appendix to the Lowerre Area-wide Brownfields Plan.
Task 4: Preparation of a Lowerre Area-wide Brownfields Plan The Applicant will conduct all the necessary research and analysis to prepare a Lowerre Area-wide Brownfields Plan presented in narrative and graphic form. The Lowerre Areawide Brownfields Plan must include, at a minimum the following: Information on the community involvement activities and the community identified priorities (provided by others) Information on the existing conditions Statements on the role the proposed multi-use trail will play in the transportation network extending from Van Cortlandt Park to Getty Square. However, beyond merely inventorying the trail s linkage to the current transportation system the plan should explore how the multi-use trail can enhance and increase use of public modes of transportation and the utilization of alternative transportation strategies such as walking and biking Information on how the proposed re-use strategy will have a positive impact on public health A review of the current market analysis and how any proposed reuse strategy (ies) will enhance the tax-base productivity of the Lowerre Neighborhood and help offset the trails construction costs and future maintenance. A vision for the future of the Lowerre Neighborhood including how the Catalyst Brownfield Sites will assist in making that vision a reality. The vision must include incorporation of the community identified priorities. (Accompanying this report should be design drafts and renderings of the re-imagined landscape to be used by Groundwork and the Steering Committee during public charrettes). A reuse scenario for the Catalyst Brownfield Sites to be transformed into a multiuse trail, with particular attention paid to existing conditions that may impede such reuse, existing and potential access points and linkages, and ancillary activities (e.g. community center) and uses in conjunction with the greenway Statements on how the above highlights a broader environmental, smart growth and tactical urbanism approach for the revitalization of the Lowerre Neighborhood. Implementation Plan: The Implementation Plan will include actions that should be taken to address the community identified priorities, and actions to be taken to redevelop the catalyst brownfield sites including strategies to assess and remediate contamination. It should include suggested policies and programs designed to implement recommendations and specific efforts to transform the Lowerre Neighborhood. The Implementation Plan will identify assistance needed to fund assessment, cleanup and reuse of brownfield sites, potential partnerships with Federal agencies including HUD, EPA, and DOT, as well as state and local agencies. Consolidated findings from this planning effort will result in the development of a series of recommended implementation actions including short, medium and long term actions. Four hard copies and an electronic copy of the draft Lowerre Area-wide Brownfields Plan will be prepared by the Chosen Applicant and submitted to Groundwork Hudson
Valley. The Chosen Applicant will make a presentation of the draft Lowerre Area-wide Brownfields Plan to the EPA Area-Wide Plan Steering Committee. Upon incorporation of the Lowerre Steering Committee s comments, the Applicant will prepare four hard copies and an electronic Word version of the final Lowerre Area-wide Brownfields Plan. Electronic tools, like interactive online maps, could also be sent as part of the report. Task 5: Community Involvement The community involvement process will be conducted in two parts, and led by Groundwork Hudson Valley, it s consultants, and members of the EPA Area-Wide Plan Steering Committee.. The first part involves a series of four community engagement meetings one with the Steering Committee, one with the business community, and two with the general neighborhood population - in an effort to determine the four or five community priorities. This community engagement process will be conducted by another consultant and will begin before the Chosen Applicant begins its work. However, the Chosen Applicant must use the four or five community priorities as the foundation of the Area-wide Brownfields Plan. Additionally, the Chosen Applicant will be encouraged to attend the aforementioned meetings if they are still ongoing after the Chosen Applicant has an executed contract with Groundwork Hudson Valley (for cost purposes, assume attendance at two meetings). The Chosen Applicant must be aware of all of the community involvement activities that were performed by others (including Groundwork Hudson Valley) for the Lowerre Area-wide Planning Grant and must provide a discussion of those activities and the results in the Lowerre Area-wide Brownfields Plan. The second part of the community involvement process includes the following tasks that the Chosen Applicant will be responsible for conducting: Presentations of the draft reports (Task 1: Existing Conditions Research and Analysis, Task 2: Transportation Research and Analysis, and Task 3: Market Analysis Research) to the Steering Committee. Work with the Steering Committee to develop a few initial reuse scenarios. Prepare some conceptual designs. Participate in a retreat with Steering Committee to formulate Area-Wide Brownfields elements, including the Implementation Plan. Presentation of the Draft Lowerre Area-Wide Brownfields Plan to the Steering Committee. Task 6: Reporting Requirements The successful Applicant shall submit quarterly progress reports regarding the status of the project and its progress in providing the contracted services. The Applicant will also participate in monthly progress report calls and any additional Steering Committee meetings not mentioned above. These reports will be submitted along with its quarterly invoice and the progress noted should be in line with the expenditures.
III. Proposal Format and Content, and Submission Requirements Groundwork Hudson Valley intends to select a highly capable, interdisciplinary Consultant Team with experience in various aspects of brownfields, urban planning and design, environmental planning, civil engineering, market analysis, transportation planning, and community outreach. The Applicant must demonstrate such expertise and experience. Applicants who have extensive experience working in economically disadvantaged areas will get special consideration. A. Proposal Format and Content This section provides instructions on the proposal format and content. Strict adherence to these instructions is necessary. Proposals should be presented in a straightforward, concise manner. To achieve a uniform review process and to obtain the maximum degree of comparability, the proposal must be organized in the manner specified below, with the information requested below. 1. Cover letter: The proposal must include a cover letter signed by the person authorized to issue the proposal on behalf of the Applicant. 2. Title Page: Include the name of the Applicant and other Team member firm(s) included in the proposal (if any), including their address, primary contact person for the Applicant, and the date of submission. 3. Project Understanding: Provide a brief narrative statement that demonstrates the Applicant s understanding of, and agreement to provide the services necessary to achieve the objectives of the project that is the subject of this RFP. 4. Brief Statement of Revitalization Philosophy: Provide a brief overview of your company s design philosophy, especially those projects and strategies that demonstrate your awareness of environmentally responsible smart growth initiatives. You may include recognition of notable designs, especially those featured by organizations such as the US Green Building Council s LEED-ND designation, or other such equivalent award. 5. Proposed Scope of Work: Provide a proposed scope of work in narrative form that demonstrates how the Applicant will successfully perform the tasks outlines in this RFP. 6. Project Timeline: Provide a schedule for the work tasks and deliverables associated with the proposed scope of work. Groundwork Hudson Valley wishes to have this entire project completed by December 2014. 7. Cost Proposal: Provide a project budget in a line-item format that includes hours by task, direct labor (itemized by hourly rates), other direct costs (such as travel, subcontracting, printing, etc.), overhead and profit. Provide a summary tabulation as well as a breakdown for costs per task. 8. Project Team Description: Introduce the proposed project team (including subcontractors) and their roles in performing the scope of services proposed. Provide an organization chart that identifies key project team members and their roles. Resumes of key staff should be included but limited to two (2) pages each.
9. Project Team Qualifications: Provide a statement of qualifications and capabilities to perform the services sought by this RFP, including a description of relevant experience with projects/tasks that are similar to this project/tasks and who have attained smart growth/new urbanism credentials. Provide a description of at least three environmentally innovative projects. 10. Applicant Availability and Capacity: A statement of the Applicant s (and subcontractor s) availability to begin the project and the capacity of the Applicant with respect to other projects that are under contract that may affect the timely completion of the work outlined in this proposal. 11. Provide statements as to the Applicants experience working on projects in disadvantaged neighborhoods, and letters of reference from municipalities and from organizations similar to who benefitted from this collaboration to back up those statements. 12. Proof of Insurance: The Applicant must demonstrate that it has the required insurance coverage as per section V. of this RFP. Proposals shall be limited to fifty (50) pages total (including all items noted above). Submissions exceeding this limit will not be considered. B. Proposal Submission Requirements Four (4) bound hard copies of the proposal should be delivered to: Groundwork Hudson Valley 22 Main Street Yonkers, NY 10701 Attention: Curt Collier Deputy Director for Groundwork USA and Hudson Valley All proposals should be submitted in their final form with all required information. There will be no opportunity to provide additional information, unless requested by Groundwork Hudson Valley. Proposals are due no later than 5:00pm on March 7, 2014. Proposals may be mailed or hand delivered but must be received by Groundwork Hudson Valley by 5:00pm. Late submissions will not be accepted. All submissions become the property of Groundwork Hudson Valley. IV. Proposal Administration A. Selection Process The proposals considered in the selection process will be evaluated by a Selection Committee consisting of Groundwork Hudson Valley staff. The Selection Committee members will review the proposals and will evaluate them on the basis of the evaluation criterion provided below. Proposals will be evaluated using a 100 point evaluation system. The following criteria will be used to evaluate proposals received and each criterion will be assigned points up to the maximum number of points that have been allotted for each criteria.
Qualification of Applicant: The proposals will be evaluated on the basis of the respondent s performing projects/tasks similar to those included in this RFP. This includes past project experience as well as the qualifications of the project manager and the key staff members assigned to the project. (25 points) Project Understanding: Proposals will be evaluated on the basis of the accuracy and thoroughness that the Applicant demonstrates related to the objectives of the project and how well the Applicant demonstrates an understanding of what Groundwork Hudson Valley seeks to accomplish with this project. (25 points) Project Approach and Design Philosophy: Proposals will be evaluated on how well the proposal addresses the tasks outlined in the Scope of Services in this RFP and the time allocated to successfully complete each task. (30 points) History of Successful Design Projects Located in Poor Neighborhoods: Added weight will be given to Applicants who have worked in economically disadvantaged areas similar to Southwest Yonkers. (10 points) Minority and Women Business Enterprises (MWBE): As the Lowerre Neighborhood has a sizeable minority population, Groundwork hopes to recruit Applicants who themselves are reflective of the diversity of the Lowerre constituents. (10 points) B. Selection Process Schedule The anticipated timeline for the selection process is as follows: March 7, 2014 - Request for Proposals Due by 5:00pm March 8, 2014 March 14, 2014 Selection Committee reviews and evaluates the proposals March 14th Successful applicant notified C. Contract Negotiations Once Groundwork Hudson Valley has selected a consultant based on the proposals received, it will negotiate a contract with the Chosen Applicant. D. Questions Relating to the RFP All questions regarding this RFP are to be directed to the following: Curt Collier Deputy Director for Groundwork USA and Hudson Valley (914) 375-2151 curt@groundworkhv.org V. Insurance Requirements Consultant must procure adequate insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the consultant, their agents, representatives, employees or subcontractors and provide documentation of same prior
to commencement of work. The insurance must include Groundwork Hudson Valley as an additionally insurance and be maintained for the duration of the contract. VI. Contract Term The Chosen Applicant is expected to begin work immediately upon execution of a contract. The Contract shall remain in effect until December 31, 2014. VII. General Terms, Conditions and Exceptions This RFP does not commit Groundwork Hudson Valley to award a contract. Groundwork Hudson Valley reserves the right to accept or reject part of a proposal, any or all proposals received, to negotiate with qualified Applicants, or to cancel the RFP. Groundwork Hudson Valley reserves the right to alter, amend, or modify any provisions of this RFP or the consultant selection process, or waive irregularities in procedures related to the RFP, at any time prior to the award of the contract, if it is in the best interest of Groundwork Hudson Valley to do so. Groundwork Hudson Valley reserves the right to evaluate proposals for a period of sixty days (60) before deciding which proposal, if any, to accept. Proposal prices shall be maintained through the evaluation period. Groundwork Hudson Valley shall only consider responsible firms who have the financial ability, experience, resources, skills, reliability and business integrity necessary to perform the requirements of the contract and can demonstrate that they have worked on similar projects passing through neighborhoods with comparable demographic and economic means. Groundwork Hudson Valley will not be liable for any costs incurred by the Applicants in replying to this RFP. Groundwork Hudson Valley is not liable for any costs or services performed by the selected Applicant prior to the award of the contract. Total liability of Groundwork Hudson Valley is limited to the terms and conditions of this request and any resulting contract. In the event the selected Applicant does not enter into the required agreement to carry out the project described in this RFP, Groundwork Hudson Valley may commence negotiations with another Applicant.