INVITATION TO BID 312026
Return this bid to
ITB 312026 Spring/Fall Landscape Maintenance
259 US Route One
PO Box 360
Scarborough ME 04070-0360
THIS IS NOT AN ORDER
DATE ITB ISSUED: 1/29/2026
Spring and Fall Landscape Maintenance
Sealed bids must be submitted to the Purchasing Agent or Town Clerk’s Office and must be time
and date stamped by the Purchasing Agent or his/her designee prior to the bid opening on
February 19, 2026 at 10:00 am. This will not be a public bid opening.
F.O.B. POINT IF MAILED: FINAL DESTINATION
EMAILED AND/OR FAXED BIDS WILL NOT BE ACCEPTED.
LATE BIDS WILL NOT BE ACCEPTED.
ALL QUESTIONS REGARDING THIS ITB SHOULD BE DIRECTED IN WRITING TO KIM MORRISON,
PURCHASING SPECIALIST, AT (207) 730 4088 (FAX) OR KMORRISON@SCARBOROUGHMAINE.ORG.
THE PREFERRED METHOD IS VIA EMAIL.
IMPORTANT NOTICE: IF YOU RECEIVED THIS SOLICITATION FROM THE TOWN’S WEB
SITE, YOU MUST REGISTER WITH THE PURCHASING OFFICE TO RECEIVE
SUBSEQUENT AMENDMENTS.
Liam Gallagher
ASSISTANT TOWN MANAGER
January 29, 2026
ITB 312026
INSTRUCTIONS TO BIDDERS
CONTRACT INTENT: This Invitation to Bid (ITB) is intended to result in the Spring/Fall Clean
Up Services and General Maintenance/Weeding for the Town of Scarborough Maine.
NOTICE OF INTENT TO AWARD: After the responses to this ITB have been opened and
evaluated, a tabulation of the bids will be prepared. It lists the name of each company or person
that offered a bid and the price they bid. It may also provide notice of the Town's intent to award
a contract(s) to the bidder(s) indicated. A copy of the Bid Tabulation will be mailed to each
company or person who responded to the ITB. Bidders identified for award are not to proceed
until a Purchase Order, Contract Award, Lease, or some other form of written notice is given by
the Purchasing Agent. A company or person who proceeds prior to receiving a Purchase Order,
Contract Award, Lease, or some other form of written notice from the Purchasing Agent does so
without a contract and at their own risk.
PAYMENT FOR TOWN PURCHASES: Payment for agreements for the undisputed purchase of
goods or services provided to the Town, will be made within 30 days of the receipt of a proper
billing or the delivery of the goods or services to the location(s) specified in the agreement,
whichever is later.
FEDERAL EXCISE TAX: The Town is exempt from all Federal Excise Tax.
STATE SALES TAX: The Town is exempt from all State of Maine Sales Tax.
SHIPPING DAMAGE: The Town will not accept or pay for damaged goods. The contractor
must file all claims against the carrier(s) for damages incurred to items in transit from the point
of origin to the ultimate destination within the Town of Scarborough. The Town will provide the
contractor with written notice when damaged goods are received. The Town may choose to
deduct the cost of the damaged goods from the invoice prior to payment. The contractor must
file all claims against the carrier(s) for reimbursement of the loss.
INDEMNIFICATION: The contractor shall indemnify, hold harmless, and defend the Town from
and against any claim of, or liability for error, omission or negligent act of the contractor under
this agreement. The contractor shall not be required to indemnify the Town for a claim of, or
liability for, the independent negligence of the Town. If there is a claim of, or liability for, the joint
negligent error or omission of the contractor and the independent negligence of the Town, the
indemnification and hold harmless obligation shall be apportioned on a comparative fault basis.
“Contractor” and “Town”, as used within this and the following article, include the employees,
agents and other contractors who are directly responsible, respectively, to each. The term
“independent negligence” is negligence other than in the Town’s selection, administration,
monitoring, or controlling of the contractor and in approving or accepting the contractor’s work.
INSURANCE: Without limiting contractor's indemnification, it is agreed that contractor shall
purchase at its own expense and maintain in force at all times during the performance of
services under this agreement the following policies of insurance. Where specific limits are
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ITB 312026
shown, it is understood that they shall be the minimum acceptable limits. If the contractor's
policy contains higher limits, the Town shall be entitled to coverage to the extent of such higher
limits. Certificates of Insurance and copies of the actual policies must be furnished to the
Purchasing Agent prior to beginning work and must provide for a 30-day prior notice of
cancellation, non-renewal or material change of conditions. Failure to furnish satisfactory
evidence of insurance or lapse of the policy is a material breach of this contract and shall be
grounds for termination of the contractor's services.
Proof of insurance is required for the following:
The contractor shall furnish proof of adequate insurance coverage of the types, and to the
limits, specified below. Certificates of such insurance and copies of the actual policies shall
be filed with the Purchasing Agent within five (5) days following notification of the Bid Award.
WORKERS COMPENSATION:
The Contractor shall purchase and maintain during the life of this Contract Workers
Compensation Insurance for all employees employed in the course of performing
services under this Contract as awarded pursuant to these Specifications; and in
case any work is sublet, the Contractor shall require the Sub-Contractor to similarly
provide Workers Compensation Insurance for all of the latter’s employees, unless
such employees are covered by the protection afforded the Contractor. All coverage
shall be in accordance with State of Maine laws in effect and the requirements of the
Workers Compensation Board.
LIABILITY INSURANCE:
The Contractor shall carry and maintain, until final written acceptance of the work by
the town, insurance as specified below and in such form as shall protect the Town of
Scarborough and its employees and officials from all claims and liability for damages
and bodily injury including accidental death and for property damage which may
arise from operations under this Contract. Except as otherwise stated, the amounts
of such insurance shall be for each policy not less than:
1. For liability, for bodily injury, including accidental death $400,000 on account of
one occurrence and $400,000 aggregate limit.
2. For liability for property damage $400,000 on account of any one occurrence
and $400,000 aggregate limit.
3. All policies shall be so written that the Purchasing Agent’s office of the Town of
Scarborough will be notified of cancellation or restrictive amendment at least
thirty (30) days prior to the effective date of such cancellation or amendment.
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ITB 312026
Certificates of Insurance and copies of actual policies from the Contractor’s
insurance carrier shall be filed with the Town before operations may begin.
Certificates shall make no claims against the Town of Scarborough or its officers
for any injury to any of his officers or employees for damage to his trucks or
equipment arising out of work contemplated by this Contract.
AUTOMOTIVE LIABILITY INSURANCE:
Automotive Liability Insurance with a minimum limit of liability for bodily injury, property
damage or death in the amount of $400,000 for each occurrence and minimum liability
for property damage in the amount of $50,000/$100,000 aggregate.
Failure to supply satisfactory proof of insurance within the time required will cause the Town to
declare the bidder non-responsive and to reject the bid.
BRAND AND MODEL OFFERED: Specifications may contain certain brand names that may or
may not be proprietary. Bidders are encouraged to propose their company’s approved
alternative to such items and list them accordingly. The Town will not disqualify a bid if it offers
items not specific but meet minimum requirements to the Town’s Bid Specifications.
ANNOTATED LITERATURE: Bidders must annotate their product literature to identify for the
Town the location of the supporting information regarding each product specification set out in
this ITB.
SUPPORTING INFORMATION: The Town strongly desires that bidders submit all required
technical, specification, and other supporting information with their bid, so that a detailed
analysis and determination can be made, by the Purchasing Agent that the product offered
meets the ITB specifications and that other requirements of the ITB have been met. However,
provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer,
the Town reserves the right to request supplemental information from the bidder, after the bids
have been opened, to ensure that the products offered completely meet the ITB requirements.
The requirement for such supplemental information will be at the reasonable discretion of the
Town and may include the requirement that a bidder will provide a sample product(s) so that the
Town can make a first-hand examination and determination.
FIRM, UNQUALIFIED AND UNCONDITIONAL OFFER: Bidders must provide enough
information with their bid to constitute a definite, firm, unqualified and unconditional offer. To be
responsive a bid must constitute a definite, firm, unqualified and unconditional offer to meet all
of the material terms of the ITB. Material terms are those that could affect the price, quantity,
quality, or delivery. Also included as material terms are those which are clearly identified in the
ITB and which, for reasons of policy, must be complied with at risk of bid rejection for
non-responsiveness.
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ITB 312026
ALTERATIONS: The awarded bidder must obtain the written approval from the Purchasing
Agent prior to making any alterations to the agreed upon specifications (post-award) contained
in this ITB or subsequent Contract. The Town will not pay for alterations that are not approved
in advance and in writing by the Town.
CONTINUING OBLIGATION OF CONTRACTOR: Regardless of the terms and conditions of
any third-party financing agreement, the contractor agrees that none of its responsibilities under
this contract are transferable and that the contractor alone will continue to be solely responsible
until the expiration date of the contract. Such responsibilities include, but are not limited to, the
provision of equipment, training, warranty service, maintenance, parts and the provision of
consumable supplies. By signature on this ITB the bidder acknowledges this requirement and
indicates unconditional acceptance of this continuing obligation clause.
WORKMANSHIP & MATERIALS: All work must be performed in a thorough and workmanlike
manner and in accordance with current industry practices. The contractor will be held
responsible for the quality of the finished item. The Town will reject any item that does not meet
the agreed upon specifications of the ITB (post award). Rejected items will be returned to the
contractor at the contractor's risk and expense.
BID SUBMISSION: At or before the appointed date and time, all bidders must submit a
completed Specifications Form and completed Bid Form. Although not required, bidders are
encouraged to submit additional supporting information that may assist the Town in evaluating
the bid and compliance with the technical specifications.
ADDITIONAL INFORMATION: Bidders are encouraged to provide additional supplementary
information with their bid if it serves to clarify the bid submission and assists the Town in the
evaluation of the bids. In particular, this may assist the Town in determining the equivalency of
alternative bid items.
METHOD OF AWARD: Award will be made to the lowest responsive and responsible bidder as
noted below (EVALUATION CRITERIA). The Town of Scarborough reserves the right to accept
or reject any or all bids should it be deemed in the best interest of the Town, waive any minor
discrepancies or technicalities and the right to inspect the equipment prior to delivery.
INVOICES: Invoices must be sent directly to the Town address shown on the individual
Purchase Order, Contract Award or Delivery Order. Payment schedule will be determined with
the winning bidder. Questions concerning payment must be addressed to the Town of
Scarborough’s Accounts Payable Department. Invoices must include location(s) of work, date(s)
of work, details on the work completed, units of measurement (hours, number of workers, yards,
etc.), fees per unit, line item totals, and total cost.
CONTRACT PERIOD: Approximately from April to October, dependent on the weather, for the
2025 seasons with three 1-year extension periods, which may be executed upon mutual
consent of the Town and Contractor.
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This page summarizes the opportunity, including an overview and a preview of the attached documents.