INVITATION TO BID 022027
Return this bid to:
ITB 022027 PW Plow Gear
PO Box 360
259 US Route One
Scarborough, ME 04070-0360
THIS IS NOT AN ORDER
DATE ITB ISSUED: 07/13/26
PLOW GEAR FOR THE DEPARTMENT OF PUBLIC WORKS PLOW TRUCK
SEALED BIDS MUST BE SUBMITTED TO THE PURCHASING AGENT, TOWN CLERK’S OFFICE, OR
DELIVERED TO THE OPENING LOCATION AND MUST BE TIME AND DATE STAMPED BY THE
PURCHASING AGENT OR HIS DESIGNEE PRIOR TO THE BID OPENING ON JULY 30, 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
WEBSITE, YOU MUST REGISTER WITH THE PURCHASING OFFICE TO RECEIVE
SUBSEQUENT AMENDMENTS.
LIAM GALLAGHER
ASSISTANT TOWN MANAGER
July 13, 2026
ITB 022027
INSTRUCTIONS TO BIDDERS
CONTRACT INTENT: This Invitation to Bid (ITB) is intended to result in the purchase and
installation of (1) Plow Gear as specified for the Department of Public Works. This bid is part of
a separate bid (ITB 012027) for the Cab and Chassis to which the aforementioned Plow Gear
will be installed. Please refer to ITB 012027 for details.
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
shown, it is understood that they shall be the minimum acceptable limits. If the contractor's
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ITB 022027
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 Worker’s 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. 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.
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ITB 022027
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 alternate
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, specifications 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.
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.
The Equipment offered must have been for sale to the general public for a period of not
less than five years.
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ITB 022027
ACCESSORIES: When accessories are supplied, they must be certified to be compatible with
the rest of the equipment. Certification will be written evidence satisfactory to the Town that the
accessories are compatible. The bidder's failure to supply this evidence within the time required
by the Town will cause the Town to consider the bid non-responsive and reject the bid.
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.
DELIVERY: Indicate, in the space provided under "Bid Schedule", the time required to make
delivery after the receipt of an order.
F.O.B. POINT: The F.O.B. point for all items purchased under this bid is the final destination
within the Town of Scarborough. Ownership of and title to the ordered items remains with
the contractor until the items have been delivered to their final destination and are
accepted by the Town.
PARTS BOOKS AND MAINTENANCE MANUALS: Parts books and maintenance manuals
must be provided at the same time that the equipment is delivered, preferably in Electronic
Version (CD, PDF, etc.). The cost of the parts books and maintenance manuals is to be
included in the bid price of the equipment.
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
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This is the opportunity summary page. It provides an overview of this opportunity and a preview of the attached documentation.