CUSHMAN PARK TENNIS COURTS

REHABILITATION

AND

RELATED WORK

FOR THE

TOWN OF FAIRHAVEN

Prepared For:

TOWN OF FAIRHAVEN

BOARD OF PUBLIC WORKS

5 ARSENE STREET

FAIRHAVEN, MA 02719

April 2026

Town of Fairhaven, Ma Cushman Tennis Courts Rehabilitation and Related Work

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Town of Fairhaven, Ma Cushman Tennis Courts

NOTICE TO BIDDERS

The Town of Fairhaven invites sealed bids for the "Cushman Park Courts Rehabilitation and Related

Work", in accordance with the Contract Documents prepared by Department of Public Works, 5 Arsene Street, Fairhaven, Massachusetts, 02719.

Sealed bids marked “Cushman Park Courts Rehabilitation and Related Work”, will be received at the Board of Public Works Office, 5 Arsene Street, Fairhaven, MA 02719 not later than 2:00 p.m., March 3, 2026 E.S.T. and at 2:00 p.m., March 3, 2026 E.S.T. will be publicly opened and read. The Board of Public Works reserves the right to accept or reject any or all bids if it is in the best interest of the Town to do so.

Bid deadline: April 17, 2026 AT 10:00 A.M.

The work to be done under this contract shall be in accordance with these specifications and referenced standards for the rehabilitation of the existing tennis courts located in Cushman Park, 164 Green Street, Fairhaven, MA 02719. Work shall include but not be limited to the removal and restoration of existing defective repairs, repairs to new existing cracks and deficiencies, installation of fencing between playing courts and surface line court painting to define the new playing surfaces for both tennis and pickleball users. All work shall be performed in accordance with these specifications meeting industry standard and as directed by the DPW Highway Superintendent and or their designee.

The Town of Fairhaven reserves the right to change, modify, increase or decrease the scope of work, and change the method of rehabilitation at its discretion.

Interested Contractors may request the Contract Documents free of charge as a Portable Document Format (PDF) file by visiting the Town of Fairhaven website at the following: https://fairhaven-ma.gov/beacon/. Paper copies may be obtained by request for additional fee. Completed orders may be picked up at the BPW, located at 5 Arsene Street, Fairhaven, MA 02719, weekdays from 8:00 a.m. to 4:30 p.m. Copies may also be shipped to prospective bidders for an additional charge to cover handling and mailing fees. All payments for printing and shipping are nonrefundable. In order to file a bid, bidders must submit all documents in hard copy format to BPW located at 5 Arsene Street, Fairhaven, MA 02719.

Bidders are responsible for the completeness and accuracy of their submission.

Addenda, if issued, will be notified by e-mail to every individual or firm on record as having received a set of Contract Documents. Valid email address provided at the time of receiving a Contract Documents at pick up or the provided email used to electronically receive the Contract Documents shall be used.

Hard copies of addenda will not be mailed or faxed. It shall be the sole responsibility of the Contractor to ascertain the existence of any and all addenda, whether or not the addenda are presented, or received by the Bidder.

A complete set of Bidding Documents shall be used in preparing Bids; the Town assumes no responsibility for errors or misinterpretations resulting from the use of the incomplete sets of Bidding Documents or for modifications to the Bidding Documents, including electronic conversion.

Bid Security in the sum of five percent (5%) of the bid total is required. The Bid Security in the form of a Bid Bond shall be with a surety company qualified to do business in the Commonwealth of Massachusetts and satisfactory to the Town and submitted with your bid. Bid Security in the form of cash or a certified check, treasurer’s or cashier’s check issued by a responsible bank or trust company and

Town of Fairhaven, Ma Cushman Tennis Courts made payable to the Town must be submitted with a completed Cash Bid Bond Affidavit form and received by the Town at the time of the bid opening for the bid to be valid. These documents shall be submitted to the Town of Fairhaven Board of Public Works, 5 Arsene Street, Fairhaven, Massachusetts, 02719 before 10:00 AM April 17, 2026.

Direct all inquiries to Joshua Crabb, Highway Superintendent, Town of Fairhaven, 508-979-4031.

All Bids for this project are subject to applicable bidding laws of Massachusetts, including General Laws Chapter 30, Section 39M as amended.

Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under this Contract as determined by the Department of Labor and Industries under provisions of the Massachusetts General Laws Chapter 149, Section 26-27D, inclusive, as amended.

After the bid opening, a bidder may not change any provision of the bid in a manner prejudicial to the interests of the Town or fair competition. The Town reserves the right to waive any minor informalities or to allow the bidder to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid, and the bidder will be notified in writing; the bidder may not withdraw the bid. A bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident.

ANTICIPATED IFB TIME TABLE

Dates and times listed on this IFB Time Table are subject to change.

IFB Issued April 1, 2026, 9:00AM

Pre-Bid Conference N/A

Deadline for Submitting Questions April 10, 2026, 4:30PM

Bids Due April 17, 2026, 10:00 AM

Award of Contract April 2026

END OF SECTION

Town of Fairhaven, Ma Cushman Tennis Courts

GENERAL SPECIFICATIONS

1. PREPARATION OF PROPOSALS

A. Proposal procedure shall be in accordance with the applicable bidding laws of Massachusetts, including General Laws Chapter 30, Section 39M as amended.

B. The project is a prevailing wage job.

2. INTERPRETATIONS

No interpretation of the meaning of the SPECIFICATIONS will be made to any proposer orally. Every request for such interpretation shall be in writing via email to bpw@fairhaven-ma.gov attention: Joshua Crabb, Highway Superintendent, 5 Arsene Street, Fairhaven, MA 02719 and to be given consideration, must be received no later than 12:00 noon, five (5) calendar days (Saturday, Sunday and legal holidays excluded) prior to the date fixed for the opening of the proposals. Any and all such interpretations and any supplemental instructions will be in the form of written Addenda to the SPECIFICATIONS (at the respective addresses furnished for such purposes). Such Addenda will be issued no later than three (3) calendar days prior to time set for opening of proposals.

Failure of any proposer to receive any such Addenda shall not relieve such proposer from any obligation under his/ her proposal as submitted. All Addenda so issued shall become part of the SPECIFICATIONS. At the same time of the opening of the proposals, each proposer will be presumed to have read and to be thoroughly familiar with the SPECIFICATIONS (including all Addenda). The failure or omission of any proposer to examine any form, instrument, or document shall in no way relieve any proposer from any obligation with respect to his/her proposal. Failure to acknowledge the addenda at the time of the bid opening shall warrant grounds for dismissal of the bidder’s package.

3. SUBMISSION OF PROPOSALS

A. The proposer shall submit an original to 5 Arsene Street, Fairhaven, MA 02719. Electronic submissions will not be accepted.

B. The proposer shall submit the proposal with a letter of transmittal signed by an authorized official of the firm.

C. Each proposal shall be submitted in a sealed envelope with the following marked on the outside: "Cushman Park Courts Rehabilitation and Related Work”

D. If the proposal is mailed, the Proposer shall enclose his/her sealed proposal in an outer envelope and address it as follows: Joshua Crabb, Highway Superintendent, 5 Arsene Street, Fairhaven, MA 02719

All proposers are cautioned to allow ample time for transmittal of proposals. Proposals received after the specified times will not be accepted or recognized. Note that the times of receipt will determine the acceptability of mailed proposals regardless of postmark.

NOTE: The Town will not be held responsible for premature opening of proposal envelopes that are not properly filled out in accordance with the instruction set forth herein.

Town of Fairhaven, Ma Cushman Tennis Courts

4. WITHDRAWAL OR MODIFICATION OF PROPOSALS

A. A proposal may be withdrawn by written request, providing that such request is received prior to time established herein for the opening of Proposals. The Town will not be responsible, however, for the timely receipt of any request for withdrawal in ample time for delivery before the proposal opening hour.

B. Modifications to proposals may be submitted prior to the date and time specified for the receipt of proposals.

C. An original of any modifications must be submitted together with a letter of transmittal signed by an authorized official of the firm.

D. Modifications must be submitted in sealed envelopes clearly marked, "Cushman Park Courts

Rehabilitation and Related Work, Modification No. " (with each proposer's modifications numbered in sequence).

E. Modifications may only be comprised of replacement pages and/or insertion pages, together with an index of modifications.

5. EVALUATION OF PROPOSALS

A. All proposals shall be received and evaluated in conformance with the requirements of MGL Chapter 30B.

B. The Procurement Officer shall open the Proposals at the specified time in the presence of one or more witnesses. The opening shall be open to the public.

C. The Procurement Officer shall review each Proposal to determine whether it meets the minimum requirements as set forth in the RFP. Failure of a proposal to meet a minimum requirement will disqualify a vendor's proposal from further consideration. The Procurement Officer shall state in writing his reasons for disqualifying any proposal.

D. After evaluating the minimum requirement, remaining proposals shall be evaluated based on the Specifications for Services in this RFP and price to perform such service.

E. A minimum of three references shall be provided and will be used as part of the evaluation of the Proposal. References shall be inclusive of projects relevant to the type of work included in this RFP.

6. RIGHT TO REJECT PROPOSALS

The Town reserves the right to reject any or all proposals if it deems it in the public interest to do so.

7. GENERAL CONTRACT INFORMATION

A. The Town is exempt from paying any and all otherwise applicable state and federal sales taxes.

Town of Fairhaven, Ma Cushman Tennis Courts

B. The proposal documents will include the Request for Proposals, General Specifications, Proposal Specifications and Proposal submitted.

C. The Vendor is an independent contractor and is not an agent or employee of the Town and is not authorized to act on behalf of the Town.

8. BID AWARD

A. The Town reserves the right to award the contract to the bidder demonstrating the most relevant experience of similar nature and based on reference checks.

B. Bid award shall be subject to appropriation and shall be based on the inclusion of bid alternates 1 & 2. Subject to appropriation the Town may remove bid alternate 2 and award the contract based on the base contract total and bid alternate 1 only. If appropriation warrants further reduction, the bid award shall be based on the base contract value only, removing Bid alternates 1 and 2.

SPECIFICATIONS FOR SERVICES

Project background

The Town of Fairhaven (‘Town’) owns a recreational park property at 164 Green Street, Fairhaven, MA 02719 that has existing dilapidated tennis courts in a fenced in area sized 245’ x 120’. These courts have major cracks and have been compromised by the retention of water and lack of drainage. The courts were last repaired in 2017 with no major repairs since that date. There is existing fencing surrounding the full courts that needs to be retained/reinstalled if removed by the successful bidder during construction prior to project completion. Damages incurred by the removing and resetting of the fence or posts shall be the sole responsibility of the contractor with no additional compensation request from the Town.

The Town of Fairhaven is soliciting bids from qualified bidders to furnish all labor, materials, and tools required for repairs, resurfacing and replacement of two (2) tennis courts [these 2 courts shall include blended lines for junior tennis], repair and resurfacing and construction of one (1) tennis court/pickleball court(s) [this specific court shall have blended lines on both sides for pickleball], and repair, resurfacing and creation of two (2) pickleball courts located at Cushman Park, 164 Green Street, Fairhaven, MA 02719.

Project scope and requirements

The contractor shall provide all necessary services and materials for the tennis/pickleball courts listed and located in Cushman Park, Fairhaven, MA per the following specifications. The contractor shall schedule and plan the project with the designated Town representative with every effort to minimize closure of the facility to the general public. All applicable safety construction standards must be followed. All products used during this process must be used and applied in accordance with the manufacturer’s specifications and must be approved by the Town of Fairhaven Public Works Department. The following specifications are provided as a minimal requirement only. The Town will consider any product/service that meets or exceeds the requirements.

Town of Fairhaven, Ma Cushman Tennis Courts

Initial Preparation

- Removal of the existing fence to gain access to the courts shall be considered incidental to the project and shall be the responsibility of the contractor to restore to pre-construction condition with no additional compensation sought.

- Asphalt to be cleaned and power washed and properly prepped for work according to industry standards

- Remove all previous repair work including any and all crack repair fabric/material

- Contractor shall ensure that all runoff from the project location is contained and managed at all times. No runoff shall enter the existing drainage basins or adjacent drainage ditches. No separate payment shall be requested for stormwater management and shall be considered incidental to the project.

Resurfacing Materials and Applications of Products

Proposal submission should identify the product chosen with the manufacturer’s product information, including recommended surface and crack preparations, application instructions, and color samples.

• Materials shall meet the industry standards for filling and repairing and resurfacing cracks;

• Materials shall meet the industry standards for water proofing the playing surface;

• Industry standards for the application of epoxy paint will be adhered to;

• Colors for striping will include white for tennis lines, royal blue for pickleball lines, green for outside the area of play, and light blue for kitchen area;

• All courts will be lined with color combination matching existing courts throughout the town (Livesey Park and Fort Pheonix courts) and as approved by the Town of Fairhaven Public Works Department or their designee in conjunction with the local Pickleball and tennis association.

• All surfaces shall be thoroughly cleaned with pressure, loose material scraped and removed. The surface shall be free of oil, grease, dirt, debris, tool marks, ridges, and valleys.

• Prior to applying material, all depressions 1/8” or deeper shall be leveled with patch binder in accordance with manufacturer’s instructions using one or more coats of asphalt emulsion filler course.

• Cracks less than ½” wide shall be repaired and sealed as follows:

o Cracks are first cleaned, all loose material removed and dried.

o An approved and sufficient asphalt crack filler is applied and worked into the crack with pressure to ensure that all spaces are filled with material or equivalent for best results.

o Excess material is removed and once dried the crack is smoothed to remove any ridges.

• Cracks greater than ½” wide shall be repaired and sealed as follows:

o Cracks shall be cleaned and filled with court patch, a mixture of sand, Portland cement and acrylic binder or equivalent for best results.

o Excess material is removed and once dried the crack is smoothed to remove any ridges.

• Asphalt acrylic emulsion color coating shall be applied on the clean, dry underlying surface with a minimum of two (2) applications in accordance with manufacturer’s instructions.

• Allow material drying times in accordance with manufacturer’s instructions before applying materials or opening completed surface to foot traffic.

• The finished surface shall be smooth and free of any ridges, valleys, and tool marks.

Town of Fairhaven, Ma Cushman Tennis Courts

Playing Lines

Prior to playing lines / markings being applied, the contractor will prepare and submit a sketch detailing the proposed layout of all courts and will meet with staff to make final decisions and verify court locations and markings prior to commencing any layout of the new markings.

• After the surface has thoroughly cured, layout nine (9) court line markings (lines). These are as follows: Court 1 has lines for two individuals dedicated pickleball courts, Court 2 has lines for 1 tennis court and 2 pickleball courts, Court 3 and 4 have lines for 1 tennis court and 1 junior tennis court each.

• Contractor shall submit for review and approval all selected color samples for use of this project prior to installation.

• All proposed layout of the court lines and playing areas shall be approved by the Town and or their representative prior to application / installation.

Nets & Net Posts

Install five (5) new nets in accordance with manufacturer’s specifications.

• Court 1 – install 2 permanent pickleball nets

• Court 2 – install 1 permanent tennis net

• Court 3 – install 1 permanent tennis net

• Court 4 – install 1 permanent tennis net Pickleball Nets, Posts, Center Straps

• Net Posts:

1. Edwards 3” OD Pickleball Post Set 10-S Tennis Supply #PBPST300 Black (or approved equal)

• Post Sleeves:

1. 10-S Tennis Supply #DC2001 (pair) (or approved equal)

• Pickleball Net

1. 10-S Tennis Supply #AP5000 (Sized at 21’9” x 36” to fit permanent net posts set 22’ apart) (or approved equal)

• Center Strap Anchor:

1. 10-S Tennis Supply #CH1003 Center Pipe Anchor is a 1-5/8” diameter, 12” long steel tube; wedges end; attaching pin at the open-end (or approved equal)

• Center Strap

1. 10-S Tennis Supply #CS1003 Classic II center Strap (or approved equal)

Tennis Nets, Posts, Center Straps

• Net Posts:

1. Edwards Classic Round Tennis Net Post Set -3” Round Tennis Supply #DC2000 Black

(or approved equal)

• Post Sleeves:

1. Galvanzied Ground Sleeves for 3” Round Edwards Posts - Tennis Supply #DC2001

(pair) (or approved equal)

• Tennis Net

1. 10-S Tournament Tennis Supply #AL1014 (or approved equal)

• Center Strap Anchor:

1. Steel Pipe Anchor Tennis Supply #CH1003 Center Pipe Anchor is a 1-5/8” diameter, 12” long steel tube; wedges end; attaching pin at the open-end (or approved equal)

• Center Strap

Town of Fairhaven, Ma Cushman Tennis Courts

1. 10-S Tennis Supply #CS1003 Classic II center Strap (or approved equal)

Ball Barrier Fencing

Construction shall include the installation of barrier fencing between the playing courts as described below and as shown in Appendix A showing the general intent of the proposed fencing. All fencing shall be 4 foot in height:

• Bid Alternate 1 - 100’ +/- length separation fence between courts 1 and 2,

• Bid Alternate 1 - 40’+/- fence between the dedicated pickleball courts on Court 1.

• Bid Alternate 2 - 100’ +/- length separation fence between courts 2 and 3.

Ball Barrier Fencing

• Black vinyl-clad chain-link fence, 9 gauge, 2” diamond pattern

• Support posts and sleeves

• Fence set near bottom to prevent balls from rolling to adjacent court

Other Requirements

• Contractor shall submit an anticipated scheduled of work and duration to be shared with the general public and various recreational groups.

• Contractor shall be restricted to work a standard work day Monday thru Friday from 8am to 4pm unless otherwise requested and approved in writing. No work will be permitted on weekends or holidays unless requested and approved in writing.

• Contractor shall be responsible to restore any disturbed grounds leading to/from the project location.

• Any water and or electricity needs shall be the sole responsibility of the contractor. The contractor may submit requests for water to be approved by the water superintendent or their designee.

• Excavated material and debris shall be the sole responsibility of the contractor. If space allows, the Town may offer temporary storage space at a town owned parcel of land for the duration of the project. All stored material shall be removed upon substantial completion of the project.

• Contractor shall be solely responsible for securing the site during the project.

Bid Alternates

Bid alternate 1 – Subject to appropriation, bid alternate 1 will include the installation of the aforementioned separation fencing between court 1 and 2 as well as the fencing separating the dedicated pickleball courts, which price shall include all necessary materials, equipment, labor, and any other incidentals to satisfactory install the fence meeting or exceeding manufacturers specification and as approved by the Town.

Bid alternate 2 – Subject to appropriation, bid alternate 2 will include the installation of the aforementioned separation fencing between court 2 and 3, which price shall include all necessary materials, equipment, labor, and any other incidentals to satisfactory install the fence meeting or exceeding manufacturers specification and as approved by the Town.

The Town of Fairhaven may elect to include one, all or none of the bid alternates subject to appropriation without the renegotiation of bid prices.

Town of Fairhaven, Ma Cushman Tennis Courts

STATEMENT OF BIDDERS’ QUALIFICATIONS

The following shall accompany the bid and is required as evidence of the bidder’s qualifications to perform the work, as bid upon, in accordance with the contract drawings and specifications. This statement must be notarized.

All questions must be answered. Additional data may be submitted on separate attached sheets.

1. Name of Bidder ________________________________________________________________________

2. Permanent Main Office Address ___________________________________________________

3. Official Mailing Address For This Contract __________________________________________________

4. When Organized? ______________________________________________________________________

5. Where Incorporated, If a Corporation _______________________________________________________

6. Years Contracting under Present Name _____________________________________________________

7. List contracts on hand, and those completed similar in nature to this kind of project.

Town Town Contract Description Contract Amount

Completion Date

8. List contracts on hand, and those completed similar in nature to this kind of project.

9. If you have ever defaulted on any contract, state where and why.

Town of Fairhaven, Ma Cushman Tennis Courts

10. List full names and residences of all principals (i.e., Officers, Directors, Partners, and Town’s) interested in this bid.

Name Residence Title Firm

11. State name(s) and qualifications of resident supervisor(s) for this project.

12. List major equipment available for this project and identify ownership or rental.

13. Will you furnish a detailed financial statement and other information requested by the Town?

14. List bank references for verifying the financial ability of your company.

Name Address

Town of Fairhaven, Ma Cushman Tennis Courts

15. The undersigned hereby authorized and requests any person, firm or corporation, to furnish all information requested by the Town and/or its designated agents relative to the recitals comprising this Statement of the Bidder’s Qualifications.

Dated at ______________this ______________ day of ___________________________ 20______.

(Name of Bidder)

By: ________________________________

(Title)

State of _______________________________

County of ______________________________

______________________________________ being duly sworn in person, deposes and says that he is __________________________ of _______________________________________________________ , (Title) (Name of Bidder) that he is the firm’s duly authorized agent to execute these contract documents, and that the answers to the foregoing questions and all statements therein contained are correct and true.

Subscribed and sworn to before me this ____________________ day of __________________ 20______.

(SEAL) (Notary Public)

(My Commission Expires)

Town of Fairhaven, Ma Cushman Tennis Courts

STATEMENT OF PROPOSED SUBCONTRACTORS

The following shall accompany the bid and is required as evidence of the bidder’s qualifications to perform the work as bid upon, in accordance with the contract drawings and specifications. The Bidder must state the names and appurtenant information of all major subcontractors he proposed to use to complete the work as bid upon. Additional data may be submitted on separate attached sheets.

If subcontractors are not to be used to complete the Work and/or any portion thereof, as herein bid upon, the Bidder must acknowledge by writing "NONE" ______________________ .

Description of Work ____________________________________________________________________________

Approximate percentage of Total Bid _______________________________________________________

Proposed Subcontractor, Name_____________________________________________________

Address _______________________________________________________________________________

Description of Work _ ____________________________________________________________________

Approximate percentage of Total Bid _______________________________________________________

Proposed Subcontractor, Name ____________________________________________________________

Address_______________________________________________________________________

Description of Work ____________________________________________________________________________

Approximate percentage of Total Bid _______________________________________________________

Proposed Subcontractor, Name _____________________________________________________

Address _______________________________________________________________________________

Bidder to insert description of work, percentage of Total BID, and subcontractors’ names as may be required.

This is to certify that all names of the above-mentioned subcontractors are submitted with full knowledge and consent of the respective parties.

Town of Fairhaven, Ma Cushman Tennis Courts

The Bidder warrants that none of the proposed subcontractors have any conflict of interest as respects this contract.

Date: _______________________________ Bidder ___________________________________

By_______________________________ (Signature)

(Business Address)

(Town and State)

Town of Fairhaven, Ma Cushman Tennis Courts

LABOR HARMONY AND OSHA TRAINING REQUIREMENTS

The undersigned certifies under penalties of perjury that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed at the work and that all employees to be employed at the worksite and in the work will have completed an OSHA-approved construction safety and health course lasting at least ten (10) hours.

Signature _________________________________________ Date _______________________

Print Name & Title Company Name

Town of Fairhaven, Ma Cushman Tennis Courts

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this quote has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

Subscribed and sworn to this ________day of _______________________, 20_____, Before me, (Notary Public) (Date Commission Expires)

(Signature of individual submitting proposal) (Name of Business)

Town of Fairhaven, Ma Cushman Tennis Courts

TAX COMPLIANCE CERTIFICATION

Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Subscribed and sworn to this __________day of _______________________, 20_____, Before me, (Notary Public) (Date Commission Expires)

(Signature of individual submitting proposal) (Name of Business)

Town of Fairhaven, Ma Cushman Tennis Courts

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned (Insert Name of Bidder) _________

___________________________________________________, as Principal, and (Insert Name of Surety)

_____________________________________________________________ , as Surety, are hereby held and firmly bound and obligated unto the Town of Fairhaven, Massachusetts, as the Town, in the sum of ______________________________________________________________ Dollars ($ ________________ ), as liquidated damages for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to the Town of Fairhaven, Massachusetts a certain Bid attached hereto and hereby made a part hereof, to enter into a contract in writing, hereinafter referred to as the "AGREEMENT" and/or "Contract", for “Cushman Park Tennis Courts

Rehabilitation and Related Work”

NOW THEREFORE,

(a) If said BID shall be rejected or withdrawn as provided in the INFORMATION FOR BIDDERS attached hereto or, in the alternative,

(b) If said BID shall be accepted and the Principal shall duly execute and deliver the form of AGREEMENT attached hereto and shall furnish the specified bonds for the faithful performance of the AGREEMENT and/or Contract and for the payment for labor and materials furnished for the performance of the

AGREEMENT and/or Contract, then this obligation shall be void, otherwise it shall remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder in no event shall exceed the amount of this obligation.

The Surety, for value received, hereby agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by any extensions of the time with which such BID may be accepted, and said Surety does hereby waive notice of any such extensions.

Town of Fairhaven, Ma Cushman Tennis Courts

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, have duly executed this bond on the

__________ day of ___________________________ , 2026.

(SEAL) ______________________________________________________________________ L.S.

(Name of Principal)

BY: _________________________________

(Signature)

(Name of Surety) (Seal)

(Signature and Title)

Attorney-In-Fact

Sealed and delivered in the presence of:

IMPORTANT: Surety Companies executing BONDS must appear on the U.S. Treasury Department’s most current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts and be authorized to transact business in the state where the PROJECT is located.

If the Bond is signed on behalf of the Surety by an Attorney-In-Fact, there should be attached, a duly certified copy of his power of attorney showing his authority to sign such Bond.

Town of Fairhaven, Ma Cushman Tennis Courts

PRICE PROPOSAL FORM

To the Town of Fairhaven:

Base Contract:

Add Alternate 1 – Fencing Between Courts 1 & 2:

Add Alternate 2 – Fencing Between Courts 2 & 3:

The proposed total contract price is Dollars.

($ ). (Inclusive of Add Alternates 1 & 2).

The undersigned certifies under the penalties of perjury that this proposal has been submitted and made in good faith and without collusion or fraud with any other person. As used in this section, the word "person" shall mean any natural person, joint venture, partnership, corporation, or other business or legal entity.

Date ____________ By ________________________

(Name/Title of person signing proposal)

(Company)

(Business Address)

(City, State, Zip Code)

Town of Fairhaven, Ma Cushman Tennis Courts

The undersigned agrees that for extra work, if any, performed in accordance with the terms and provisions of the annexed form of AGREEMENT, he will accept compensation as stipulated therein as full payment for such extra work.

If the Bid is accepted by the TOWN, the undersigned agrees to commence work under this Contract on a date to be specified in a written "Notice to Proceed" by the Town and complete the entire work provided to be done under this Contract within the time specified. If this bid is accepted by the Town, the undersigned, also agrees to comply with the provisions of the “Liquidated Damages” section of the Contract Agreement.

As provided in the INFORMATION FOR BIDDERS, the bidder hereby agrees that he will not withdraw this BID, within 90 consecutive calendar days after the actual date of the opening of Bids, and that, if the Town shall accept this BID, the bidder will duly execute and acknowledge the AGREEMENT and furnish, duly executed and acknowledged, the required CONTRACT BONDS within fourteen (14) consecutive calendar days after notification that the AGREEMENT and other Contract Documents are ready for signature.

Should the bidder fail to execute any of his agreements, as hereinabove set forth, the Town shall have the right to retain as liquidated damages, the Bid Security attached in the sum of five percent of the bid proposal (5.0%), which shall become the Town’s property for the delay and additional expense to the Town caused thereby. If a bid bond was given, it is agreed that the amount thereof shall be paid as liquidated damages to the Town by the Surety.

(Bidder must fill in this blank.)

The bidder hereby acknowledges the receipt of, and has included in this BID, the following

Addenda: (To be filled in by Bidder, if Addenda are issued.)

Addendum No. ______________________________ , dated

Addendum No. ______________________________ , dated

Addendum No. ______________________________ , dated

Town of Fairhaven, Ma Cushman Tennis Courts

The bidder, by submittal of this BID, agrees with the Town that the amount of the bid security deposited with this BID fairly and reasonably represents the amount of damages the Town will suffer due to the failure of the bidder to fulfill his agreements as above provided.

(SEAL) ________________________ L.S.

By

(Signature and title of authorized representative)

(Business Address)

(Town and State)

Date: _______________________________________

The bidder is a corporation incorporated in the State (or Commonwealth) of _______________________ - a partnership – an individual. (Bidder must add and delete as necessary to make this sentence read correctly.)

(Note: if the bidder is a corporation, affix corporate seal and give below the names of its president treasurer, and general manager, if any; if a partnership, give full names and residential addresses of all partners; and if an individual, give residential address, if different from business address.)

The required names and addresses of all persons interested in the foregoing Bid, as Principals, are as follows:

(Add supplementary page if necessary)

Town of Fairhaven, Ma Cushman Tennis Courts

APPENDIX A

COURT LAYOUTS

TENNIS

COURT

TENNIS

COURT

PICKLEBALL

COURT

PICKLEBALL

COURT

BLENDED

COURT

M

AI

N S

TR

EE

T

SI

D E

G R

EE

N

S

TR

EE

T

SI

D

E

COURT 1 COURT 2 COURT 3 COURT 3

CUSHMAN PARK PUBLIC COURTS

NOTE:

AERIAL GRAPHIC ABOVE SHOWS GENERAL INTENT ONLY AND IS SUBJECT TO ACTUAL

FIELD CONDITIONS. THE INTENT IS TO CREATE TWO (2) DEDICATED PICKLEBALL

COURTS, CREATE ONE (1) BLENDED PLAYING AREA THAT WILL BE A SINGLE TENNIS

PLAYING AREA WITH BELNDED LINES FOR TWO (2) PICKLEBALL COURTS, THEN CREATE

TWO (2) STANDARD TENNIS COURT PLAYING SURFACES

APPENDIX A