CITY OFMERCED
MERCED
SCOPE OF SERVICES
The City of Merced Land Application Division currently has in production 759 acres of various crops, such as alfalfa, winter forage, sorghum sudan, and corn silage (hereafter "Crops"). Fields may be taken out of production upon the discretion of City of Merced staff for the incorporation of biosolids, which typically occurs twice a year. The allocation of crop acreage and rotation of crops may change during the term of the Brokerage Agreement at the sole discretion of the City.
The following Terms and Conditions will apply to the brokerage of all hay crops:
1. Proposers are to formally submit the percentage (%) rates they charge for brokerage of Crops. See supplemental Proposal form. These rates will be in effect during the term of the Agreement.
2. The awarded proposer will sell each cutting of crops according to market value and deduct brokerage fees. Determination of value will be coordinated with and approved by Public Works Director or designee.
3. Hay samples will be taken by City of Merced staff, and once the results are obtained, the broker and City staff will determine the approximate market value of the hay. Brokerage of the hay crop is responsibility of the broker.
4. The coordination of cutting, baling, spraying, irrigation, and planting is to be handled between the City's Land Application Program Lead Worker, the City's Operations Supervisor, and the broker. The City of Merced has the final authority and discretion regarding irrigation timing and practices and fertilizer applications to ensure compliance with permits and regulations.
5. All hay or silage is to be sold "as is and where is" and without any recourse to the City of Merced. Upon harvesting, all crops are to be sold and removed from premises within 10 business days to avoid accumulation of stacked hay.
6. Crops must be paid in full (minus any authorized deductions) to the City of Merced within 30 days of the sale. All loads must be weighed on a certified scale (NO EXCEPTIONS).
Checks can be made out to the City of Merced and dropped off in person at the WWTF.
7. The City of Merced reserves the right to reject any or all proposals, or to accept the proposal that best serves the public interest, even though it may not be the highest.
8. Proposals are to encompass the entire harvest.
9. Contract term shall commence on city council approval of contract and end on May 01, 2029 with the option to renew for two (2) additional one-year periods. An annual review of the broker's performance in all aspects of service shall be performed by the City. The City of Merced retains the right to cancel the contract at any time. 678 WEST 18TH STREET, MERCED, CA 95340
10. The awarded Proposer will be required to enter into an Agreement that will include the requirements of this RFP as well as other requirements, including signing a Release of Liability and Indemnity Agreement. Any submission of a response without objection to the Agreement or Release of Liability and Indemnity Agreement indicates Proposer's understanding and intention to sign the aforementioned Agreements. If there is a term or condition in either Agreement that Proposer intends to negotiate, it must be stated in their response. The City reserves the right to reject any response(s) containing exceptions or modifications to the Agreements. The Agreements are attached to this RFP and should be reviewed carefully before submitting a response as both contain indemnification clauses.
SEALED PROPOSALS will be accepted until 2:00 p.m. Tuesday August 4th, 2026. Proposals may be mailed to 1776 Grogan Ave, Merced, CA 95341 or hand delivered to the WWTF at 10260 Gove Rd, Merced, CA 95341.
The undersigned agrees to the harvesting, selling, brokering of all herein described hay.
The undersigned also agrees to pay all such charges as may be necessary for the purchase of the herein described hay.
Proposer's Name: M'aughin Hay penice Ine
Signature
Address: 10520 orchard wat
ENido Ca $317
Phone Number: 209 777. 5090
8-3-26
Supplemental Proposal Form
Brokerage Percentage (%) per ton for Commodity Fair Market Value:
4,4 ф 4.4 ф
678 WEST 18TH STREET, MERCED, CA 95340
I AM FULLY AWARE THAT BY SIGNING THIS DOCUMENT I AM
AGREEING TO SHIFT LEGAL LIABILITY FOR ALL RISKS, INCLUDING
ALL ACTS, OMISSIONS, MALFEASANCE, MISFEASANCE, OR
NEGLIGENCE OF THE CITY, TO RELEASOR SO THAT I MAY FULFILL
MY OBLIGATIONS UNDER THE CONTRACT AWARDED TO ME FOR THE BROKERAGE OF THE WINTER WHEAT/FORAGE MIX CROP.
DATED: 8-3-26 Maushlin Hay Service Inc "RELEASOR"
A California Corporation,
BY:
Signatur
John MLaughlin
Print Name
X:\Agreements\ WWTP12015\Release of Liability
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