Legal Notices

Invitation to Bid

For Bailey Spring Park Phase I

Bids for Construction of Bailey Springs Park Phase 1 will be received by the Town of Davidson.   The proposed work consists of two tennis courts with fencing (no lights), one basketball court, two sand volleyball courts, erosion control measures, clearing and grubbing, grading, drainage structures and piping, asphalt trails and surfacing, concrete paving, concrete steps and handrail, grassing seed, and other miscellaneous items as noted on the plans. All work is new construction with the exception of minor adjustments to existing site storm drainage.

Bids should be delivered to: 
Kathryn Spatz, Director
The Town of Davidson Parks & Recreation Department
865 South Street
Davidson, NC 28036
(704) 940-9644

Bids are due no later than 11a.m., January 30, 2018. There will not be a formal bid opening. Please note that the terms of the bid documents and your response thereto shall be incorporated into the terms of the final contract if your company is the selected contractor.

Beginning January 5, 2018 digital PDF copies of the bid package may be obtained by contacting the project Landscape Architect, Gary Fankhauser, ViZ, (704) 997-6144, gary@viz.design. All costs for printing bid documents shall be the responsibility of the bidder and are non-refundable.

Bid Bonds are not required.

Notice to Proceed is expected to be issued immediately following execution of the construction Contract between the selected contractor and the Town of Davidson. Project duration shall be 90 calendar days.

Questions regarding drawings or project:  Gary Fankhauser, ViZ, (704) 997-6144 gary@viz.design

The laws of North Carolina and applicable regulations of various licensing boards and M/W/SBE provisions shall be observed in receiving bids and awarding contracts.

The Town of Davidson, North Carolina reserves the right to reject any or all bids, and to waive all informalities not involving price, time, or changes in the Work. Bidders must be licensed General Contractors in the State of North Carolina.

SALE OF TOWN PROPERTY

An offer of $1,000, subject to certain conditions, has been submitted for the purchase of certain property owned by the Town of Davidson for the purpose of providing affordable housing, more particularly described as follows:

12128 Bradford Park Drive, 2.24 acres “Future Development”, 

as shown on Plat Book/Slide 49 Page 979.

Persons wishing to upset the offer that has been received shall submit a sealed bid with their offer to the office of the town clerk, Davidson Town Hall, 216 South Main Street, Davidson, North Carolina 28036, by 5:00 P.M., March 6, 2017.  At that time the town clerk shall open the bids, if any, and the highest qualifying bid will become the new offer.  If there is more than one bid in the highest amount, the first such bid received will become the new offer.

Conditions:

1.  The Property shall be subdivided by a recorded plat (the “Plat”) into fifteen (15) lots (“Lots” or a “Lot”) which shall conform substantially to the plan which can be found at http://www.ci.davidson.nc.us/DocumentCenter/View/7464 .

2.  The Property is being sold “as is”.

3.  Each Lot shall be zoned for the construction and occupancy of a single family house (“House”) which conforms substantially to one of the sets of plans and specifications (“Plans and Specifications”) which can be found at http://www.ci.davidson.nc.us/DocumentCenter/View/7463.

4.  Buyer shall be able to obtain a building permit for the construction of a House, subject only to plan a review and approval pursuant to the North Carolina Building Code for single family structures. 

5.  Seller agrees to complete a sidewalk along Bradford Park Drive, and maintain a publicly dedicated alley behind the Lots.  The Town of Davidson will be responsible for maintaining the alley behind the Lots.

6.  The Plans and Specifications conform to the applicable design regulations for single family houses in the Davidson Planning Ordinance and shall be approved in accordance with the applicable governmental regulations.

7.  Buyer will construct a Hose on each Lot.  Each House constructed by Buyer on a Lot shall conform to one of the sets of the Plans and Specifications.

8.  Buyer will offer to sell five (5) houses to Our Towns Habitat for Humanity for a price not to exceed $125,000.00.  If Our Towns Habitat for Humanity does not purchase the houses, they will be offered at the same price to the Davidson Housing Coalition. If Davidson Housing Coalition does not purchase the houses, they will be sold by Buyer subject to the same restrictions as the other ten (10) houses.

9.  Buyer will offer to sell five (5) of the Houses at a purchase price that is affordable by a family earning 95% or less of the Area Medium Income as defined by the Affordable Housing Section of the Davidson Planning Ordinance; provided that, Buyer may increase the purchase price by up to 2% per year starting one year after the issuance of a certificate of occupancy for the House.

10.  Buyer will sell five (5) of the Houses at a purchase price that is affordable by a family earning 120% or less of the Area Medium Income as defined by the Affordable Housing Section; provided that, Buyer may increase the purchase price by up to 2% per year starting one year after the issuance of a certificate of occupancy for the House.

11.  The purchasers of the ten (10) houses sold pursuant to subparagraphs 9. and 10. above will be eligible purchasers as defined in the Affordable Housing Section; provided that, the Affordable Housing Manager for the Town of Davidson may approve, in the exercise of reasonable discretion, an upward adjustment of income limits, not to exceed a ten percent (10%) increase.

12.  Each House built on a Lot will meet or exceed Energy Start standards for single family detached structures, but Buyer does not intend to request Energy Star certification because the cost of that certification cannot be absorbed into the affordable cost of the House.

13.  Buyer agrees to pay all legal costs associated with conveyance of the lots to Buyer.

14.  The deed restrictions will be similar to those restrictions attached as an example to the RFP, and shall specifically provide the following:  (a) the ten houses not being sold to Habitat, will be deed restricted for 15 years; (b) the houses sold to Habitat will be subject to those restrictions imposed by Habitat; (c) owner occupancy is required with rental limited to extenuating circumstances and no more than a six month lease within a 12 month period; (d) the houses must be sold to income qualified households in accordance with the deed restrictions; (e) the houses must be resold to an income qualified household in accordance with the deed restrictions; (f) the houses will increase in value two percent (2%) for each year of owner occupancy with the start of the qualifying year being the date of purchase.

15.  Buyer agrees to reach a mutual agreement with Bailey Springs HOA regarding the fence to be installed around the rear of the property and incorporation of the fifteen (15) homes into the Bailey Springs Homeowners Association.

            A qualifying higher bid is one that raises the existing offer to an amount not less than $1,100 including the conditions specified above.

            A qualifying higher bid must be accompanied by a deposit in the amount of five percent (5%) of the bid; the deposit may be made in cash, cashier’s check, or certified check.  The town will return the deposit on any bid not accepted, and will return the deposit on an offer subject to upset if a qualifying higher bid is received.  The town will return the deposit of the final high bidder at closing.

            The buyer must pay cash at closing.

            The Town Board of Commissioners must approve the final high offer before the sale is closed, which it will do within 30 days after the final upset bid period has passed.  The town reserves the right to withdraw the property from sale at any time before the final high bid is accepted and the right to reject at any time all bids.

            Further information may be obtained at the office of the town clerk, Davidson Town Hall, 216 South Main Street, Davidson, North Carolina, 28036 or at telephone number 704-940-9614 during normal business hours.

NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS

October 14, 2016

Mecklenburg County

600 East 4th Street

Charlotte, NC 28202

(704) 688-6502

On or about October 10, 2016 Mecklenburg County will authorize the Ada Jenkins Family Center to submit a request to the U.S. Housing and Urban Development (HUD) agency for the release of Community Development Block Grant program funds under Title I of the Housing and Community Development Act of 1974 (PL 93-383), to undertake a project known as Ada Jenkins Facility Bathroom Renovations Project for the purpose of renovating two bathroom facilities in order to bring into current codes and in compliance with the Americans with Disabilities Act. The project is located at 212 Gamble Street, Davidson, NC 28036.

Total Project Cost=$200,000; Total CDBG Cost=$81,0879; CDBG/Total Cost Percent= 40%

FINDING OF NO SIGNIFICANT IMPACT

The activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act (NEPA) requirements. Mecklenburg County has determined that the project will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act (NEPA) is not required. An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file the ERR can be examined upon requests. Please send request to Victoria Rittenhouse, Centralina Council of Governments, 525 N. Tryon Street, 12th Floor, Charlotte, NC 28202 or cedc@centralina.org. The EER may be examined or copied weekdays 9 A.M to 4 P.M.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to Victoria Rittenhouse, Centralina Council of Governments, 525 N. Tryon Street, 12th Floor, Charlotte, NC 28202 or cedc@centralina.org. All comments received by October 31, 2016 will be considered by Mecklenburg County prior to authorizing submission of a request for release of funds.

RELEASE OF FUNDS

Mecklenburg County certifies to the HUD/Greensboro field office that Dena Diorio in her capacity as County Manager consents to accept the jurisdiction of the courts if an action is brought to enforce responsibilities in relation to the environmental review process and that responsibilities have been satisfied. The HUD/Greensboro Field Office’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows Mecklenburg County to use program funds.

OBJECTIONS TO RELEASE OF FUNDS

HUD/Greensboro Office will accept objections to its release of funds and the RE’s certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases:

(a) The Certification was not executed by the Certifying Officer of Mecklenburg County;

(b) Mecklenburg County has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58;

(c) The grant recipient or other participants in the development process has committed funds, incurred costs, or undertaken activities not authorized by 24 CFR Part 58 before approval of a release of funds by the HUD Greensboro Office; or

(d) Another federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality.

Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to:

HUD Greensboro Field Office

1500 Pinecroft Road

Greensboro, NC 27407-3810

Potential objectors should contact the HUD/Greensboro Field Office at 336-547-4000 ext. 2167 to verify the actual last day of the objection period.

Name and Title of the RE Certifying Officer

Mrs. Dena Diorio County Manager

Name of Certifying Official Title