Sealed proposals from qualified contractors to mill, overlay, resurface, and...

Location:	Maine
Posted:	Apr 6, 2026
Due:	Apr 23, 2026
Agency:	Town of Scarborough, Maine
Type of Government:	State & Local
Category:	Z - Maintenance, Repair or Alteration of Real Property
Solicitation No:	ITB 322026
Publication URL:	To access bid details, please log in.

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INVITATION TO BID 322026

Return this bid to

ITB 322026 Mill, Overlay, Resurface, & Conversion Skatepark to Pickleball Courts

259 US Route One

PO Box 360

Scarborough ME 04070-0360

THIS IS NOT AN ORDER

DATE ITB ISSUED: 4/2/2026

Mill, Overlay, Resurface, & Convert Skatepark to (8) Pickleball Courts

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 designee prior to the bid opening on April 23,

2026 at 10:00 am.

All bidders need to register and attend the mandatory prebid meeting. Thursday April 9, 2026 @

11:00 am at the current Skatepark location behind the Town Hall.

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

April 2, 2026

ITB 322026

INSTRUCTIONS TO BIDDERS

CONTRACT INTENT: This Invitation to Bid (ITB) invites sealed proposals from qualified

contractors to mill, overlay, resurface, and fence the existing municipal skatepark area to create

eight (8) regulation outdoor pickleball courts with a durable acrylic sport surface and removable

net post system to accommodate seasonal ice‑rink use at 11 Municipal Drive. A mandatory

pre-bid meeting will be held on Thursday, April 9, 2026, at 11:00 am at the current

Skatepark location behind Town Hall.

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

April 2, 2026

ITB 322026

“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

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.

April 2, 2026

ITB 322026

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.

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.

April 2, 2026

ITB 322026

NEW EQUIPMENT: Equipment offered in response to this ITB must be new equipment. New

equipment means equipment that is currently in production by the manufacturer and is still the

latest model, edition or version generally offered. The equipment must be warranted as new by

the manufacturer and may not have been used for any purpose, other than display (not

demonstration), prior to its sale to the Town. The Town will not accept remanufactured, used, or

reconditioned equipment. It is the contractor's responsibility to ensure that each piece of

equipment delivered to the Town complies with this requirement. A contractor's failure to

comply with this requirement will cause the Town to seek remedies under breach of contract.

INSPECTION: Equipment offered will be subject to inspection and approval by the Town prior to

payment. The equipment and attachments must be in good repair and capable of performing

the work for which they were designed.

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.

DISCONTINUED ITEMS: In the event an item is discontinued by the manufacturer during the

life of the contract, another item may be substituted, provided that the Purchasing Agent makes

a written determination that it is equal to or better than the discontinued item and provided that it

is sold at the same price or less than the discontinued item.

ITEM UPGRADES: The Town reserves the right to accept upgrades to models on the basic

contract when the upgrades improve the way the equipment operates or improve the accuracy

of the equipment. Such upgraded items must be at the same price as the items in the basic

contract.

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.

This is the opportunity summary page. It provides an overview of this opportunity and a preview of the attached documentation.

Pre-Bid Date	Bid Opening	Awarded
4/9/2026	4/23/2026