Addendum 3- 354-FCFS27-01.pdf

Cary Tennis Park - Post Tension Concrete Court Conversion PR3106

Town of Cary

Frank Land Design, PC

362 West Street

Pittsboro, NC 27312

Attn: Garrett Frank

(919) 444.2544 garrettfrank@franklanddesign.com

Addendum #3 07/17/2026

This ADDENDUM forms a part of the Contract Documents and modifies the original Bidding

Documents as noted below. Bidders shall acknowledge receipt of the ADDENDUM in the space provided on the Bid Form. Failure to do so may subject the Bidder to Disqualification.

Where any article, division or subparagraph of the original contract documents or other addenda is supplemented herein, the provisions of the original documents shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article, division or subparagraphs are amended, voided or superseded thereby, the provisions of such article, division or subparagraph not so specifically amended, voided or superseded shall remain in effect.

The attention of the Contractor is called to the following clarifications, additions to and changes in the plans and specifications dated 18-June-2026 on the above job. It will be the responsibility of each

Contractor to call such clarifications, additions to and changes in the plans and specifications to the attention of subcontractors concerned. The Engineer in no way assumes any responsibility for notifying any subcontractor, material dealers or others not having received the original contract documents.

CHANGES TO SPECIFICATIONS:

Item #1: Pursuant to Session Law 2026-41, The following statements in red shall be removed from

EJCDC General Conditions.

6.06 Concerning Subcontractors, Suppliers, and Others

A. Contractor shall make a good faith effort to utilize minority business enterprises

(MBEs) per North Carolina General Statutes Section 143-128, et seq., as

Subcontractor for the Work. Contractor shall submit for approval to the Owner and the Engineer, within ten (10) days after the issuance of the Notice of Award, a list of the names of Subcontractors and Suppliers of principal items of material and equipment. Contractor shall also submit for approval to the Owner and the

Engineer a list of the names of any additional or replacement Subcontractors and Suppliers the Contractor wishes to use in connection with the Project prior to utilizing their services. The Engineer or Owner shall notify the Contractor within ten (10) days after receipt of the list of any reasonable objections to any

Subcontractor or Supplier. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity person or organization, (including those acceptable to Owner as indicated in Paragraph 6.06.B who are to furnish the principal items of materials or equipment), whether initially or as a replacement substitute, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection Acceptance of any Subcontractor, other person or organization by

Owner shall not constitute a waiver of any right of Owner to reject defective Work or remove such person from the Project pursuant to Paragraph 6.02.A.

Item #2: Pursuant to Session Law 2026-41, the following statements in red shall be removed from EJCDC General Conditions.

6.19 Contractor’s General Warranty and Guarantee

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee.

B. Contractor’s warranty and guarantee hereunder excludes defects or damage normally caused by:

1. abuse, modification, or improper maintenance or operation by persons other than

Contractor, Subcontractors, Suppliers, or any other individual or entity for whom

Contractor is responsible; or

2. normal wear and tear under normal usage.

C. Contractor’s obligation to perform and complete the Work in accordance with the

Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the

Contract Documents:

1. observations by Engineer;

2. recommendation by Engineer or payment by Owner of any progress or final payment;

3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner;

4. use or occupancy of the Work or any part thereof by Owner;

5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer;

6. any inspection, test, or approval by others; or

7. any correction of defective Work by Owner.

D. By entering into the Contract with the Owner, the Contractor represents and warrants:

1. That Contractor is experienced in and competent to perform the type of

Work required and to furnish the plants, materials, supplies or equipment to be so performed or furnished by it.

2. That Contractor is financially solvent, able to pay its debts as they mature, and possessed of sufficient working capital to initiate and complete the Work required under the Contract.

3. That Contractor is familiar with all federal, state, county, municipal and department laws, ordinances, permits, regulations and resolutions which may in any way affect the Work or those employed therein, including but not limited to any special laws or regulations relating to the Work or any part thereof.

4. That such temporary and permanent Work required by the Contract

Documents that is to be done by Contractor will be satisfactorily constructed and fit for use for its intended purpose and that such construction will not injure any person, or damage any property.

5. That Contractor has carefully examined the Contract Documents and the

Site of the Work and that from its own investigations, it has satisfied itself and made itself familiar with: (1) the nature and locations of the Work; (2) the character, quality and quantity of surface and subsurface materials likely to be encountered, including, but not limited to all structures and obstructions on or at the Project Site, whether natural or man-made; (3) the character of equipment and other facilities needed for the performance of the

Work: (4) the general and local conditions including, without limitation, the climatic conditions, the availability and cost of labor and the availability and cost of materials, tools and equipment; (5) the quality and quantity of all materials, supplies, tools, equipment, labor and professional services necessary to complete the Work in the manner required by the Contract

Documents; and (6) all other matters or things which could in any manner affect the performance of the Work.

6. That Contractor will fully comply with all requirements of the Contract

Documents.

7. That Contractor will perform the Work consistently with good workmanship, sound business practice, and in the most expeditious manner, consistent with the best interests of the Owner.

8. That Contractor will furnish efficient business administration and experienced superintendents and an adequate supply of workmen, equipment, tools and materials at all times.

9. That Contractor has carefully reviewed the Work required and that the

Work can be planned and executed in a normal and orderly sequence of

Work and reasonably scheduled so as to ensure completion of the Project in accordance with the Contract Documents, allowing for normal and reasonable foreseeable weather, labor and other delays, interruptions and disruptions of the Work.

10. That Contractor will complete the Work within the Contract Times and all portions thereof within any required Contract deadlines.

11. That the Contract Price is based upon the labor, materials, systems and equipment required by the Contract Documents, without exception.

12. That Contractor will make a good faith effort to utilize minority business enterprises (MBEs) per N.C. General Statutes Section 143-128, et seq., as

Subcontractors for the Work.

13. That Contractor is not at the time of the making of the Contract, nor has been in the last five (5) years, in dispute with the Town of Cary in connection with any project for which it has performed work.

CLARIFICATIONS:

Item #3: The Town of Cary will collect all non-fixed furniture they would like to keep prior to construction. All other non-fixed furniture in the construction area shall be removed. Coordinate with owner prior to construction.

Item #4: There is an abandoned irrigation system between the 12 courts and along the north side of the construction area. The contractor shall remove all components of the irrigation system they encounter during excavation or that conflict with proposed improvements. There is no plan to replace this irrigation system with this project.

Item #5: There is an active irrigation system between courts 10-12 and the courts to the south outside of the construction area. We have key noted on the demolition plan (addendum 1) to relocate an irrigation control value as needed for this system in this area. All other damage or disruption to this active system south of courts 10-12 shall be repaired as part of this contract. Heads, control valves, and drip lines shall be brought to the surface to irrigate the new landscape areas.

Item #6: The phasing as indicated on sheets C5.0 and C5.1 is to protect lower courts 4-6 and 10-12 from uphill drainage during construction. The intent is to allow the existing uphill drainage to continue to bypass around the lower work areas until the lower courts and retaining walls are built so that the proposed drainage structures can be installed and redirect water around lower courts before old storm drainage is removed. The contractor will have access to the entire work area throughout construction and can transition from phase 1 to phase 2 as they see fit but shall protect and leave existing drainage measures in place for as long as possible to prevent drainage from reaching the lower work areas and subgrades.

Item #7: The net post foundation details can be found on T2.0.

Item #8: Per specification section 033000 Cast-in-place Concrete – 1.7 Quality Assurances – Paragraph C

C. Post-tensioned slab and pour strip Installer Qualifications: A qualified installer who meets at least one of the following:

1. ASBA Certified Tennis Court Builder.

2. Significant and recent, within the past five years, experience in similar tennis court construction. Significant experience must be at least three projects and be verifiable by

Project Owner’s representative.

Item #9: The Mapei sports surfacing system attached is considered an “or equal” for acrylic court surfacing. All systems and finishes shall still adhere to the specifications section 021007. This “or equal” approval has not verified that the exact product and finish type requested meets all specification requirements. A product submittal during construction is still required.

Item #10: The Superior Shade Fabric Brand is not considered an “or equal” with the Subrella Exceed FR

– Pacific Blue as the Subrella Exceed FR Pacific Blue has a clean, solid blue appearance. Its weave is uniform in color, giving it a smoother, more consistent look without the visible contrasting fibers found in the Superior Shade fabric. Superior Shade features a pronounced heathered weave with visible black fibers interwoven throughout the blue fabric, creating depth and texture. The Superior shade structure itself, pending shop drawing review, would be an acceptable delegated design structure and foundation but the Superior Shade Brand Fabric is not considered an “or equal” to the project specified Sunbrella

Fabric.

Item #11: A construction trailer is not required by the owner for OAC meetings. However, the contractor may choose or need an office space for their project manager, superintendent, and subcontractor meetings. OAC meetings can be held at the tennis park in the covered court building or pro shop. If the contractor provides a construction trailer in the northern parking lot, they shall pump and haul sewerage and provide tank for potable water. Refer to section 015000 – Temporary Controls and Facilities.

Attachments:

CSI Form 1.5C – Mapecoat Substitution Request

END OF ADDENDUM #3

SUBSTITUTION

CSI Form 1.5C REQUEST

(During the Bid Period)

Substitution Request Number: Project:

From:

Date: To:

A/E Project Number:

Contract For: Re:

© Copyright 2007, Construction Specifications Institute, 110 South Union Street, Suite 100, Alexandria, VA 22314

Page 1 Form Version: June 2004 CSI Form 1.5C

This is not an official CSI Construction Contract Administration (CCA) Form. Please use CSI's official CCA Forms if required by your project needs.

Specification Title: Description:

Section: Page: Article/Paragraph:

Proposed Substitution:

Manufacturer: Address: Phone:

Trade Name: Model No.:

Attached data includes product description, specifications, drawings, photographs, and performance and test data adequate for evaluation of the request; applicable portions of the data are clearly identified.

Attached data also includes a description of changes to the Contract Documents that the proposed substitution will require for its proper installation.

The Undersigned certifies:

• Proposed substitution has been fully investigated and determined to be equal or superior in all respects to specified product.

• Same warranty will be furnished for proposed substitution as for specified product.

• Same maintenance service and source of replacement parts, as applicable, is available.

• Proposed substitution will have no adverse effect on other trades and will not affect or delay progress schedule.

• Proposed substitution does not affect dimensions and functional clearances.

• Payment will be made for changes to building design, including A/E design, detailing, and construction costs caused by the substitution.

Submitted by:

Signed by:

Firm:

Address:

Telephone:

A/E’s REVIEW AND ACTION

Substitution approved - Make submittals in accordance with Specification Section 01 25 00 Substitution Procedures.

Substitution approved as noted - Make submittals in accordance with Specification Section 01 25 00 Substitution Procedures.

Substitution rejected - Use specified materials.

Substitution Request received too late - Use specified materials.

Signed by: Date:

Supporting Data Attached: Drawings Product Data Samples Tests Reports

Karl Geissler

201 Enterprise Drive

Calhoun, GA 30701

217-418-9419

Mapei Corporation

Karl Geissler-Mapei Corp

Mapecoat TNS Professional with Medium 3 Finish Mapei Corporation 201 Enterprise Drive, Caluhoun, GA 217-418-9419

Mapecoat TNS Professional TBD

Cary Tennis Park Post Tension Concrete Court Conversion 1

Town of Cary, North Carolina

Garrett Frank, PE June 26, 2026

Frank Land Design, PA PR3106

Acrylic Tennis Court Playing Surface-Portland Cement Concrete Part 2-Products

021007 2 2.1 Tennis Court Surfacing Material

Request for Approval as Equal Tennis Court Surfacing