FULL NOTICE OF AVAILABLILITY DACW63-9-22-0675.pdf

NOA No. DACW63-9-22-0675 November 1, 2022

NOTICE OF AVAILABLILITY (NOA)

FOR LEASING

GOVERNMENT OWNED LAND

For Grazing Purposes Only Aquilla Lake, Texas Hill County, Texas

NOA NO. DACW63-9-22-0675

ISSUED BY: Department of the Army Fort Worth District US Army Corps of Engineers Attention: Real Estate Division (CESWF-RE-M) Post Office Box 17300 Fort Worth, Texas 76102-0300

SITE: Approximately 2,725 acres of land located within the Old School, New Road, and Hackberry Creek Wildlife Management Areas. The lease premises includes all or parts of Tracts: 101, 103, 104, 105, 128, 200, 201, 202, 204, 205, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 219, 220, 222, 224, 225, 226, 227, 228, 236, 237, 240, 249, 250, 251, 252, 253, 254-1, 254-2, 254-3, 253, 255, 256, 257, 259, 260, 263-2, 267, 268, 271, 273, 278, 281, 282, 306, 307, 309, 310, 311, 313, 314, and 315.

FOR: Grazing purposes only.

Bids will be submitted in sealed envelopes to include all required documents set forth herein, which will be publicly opened and evaluated on:

DATE: Tuesday December 6, 2022

TIME: 11:00 A.M.

ADDRESS: US Army Corps of Engineers

Whitney Lake Office 285 County Road 3602 Clifton, Texas 76634

NO LATE PROPOSALS WILL BE ACCEPTED

TABLE OF CONTENTS

Notice of Availability for Grazing Lease, Fort Worth District

Table of Contents

Application Information Package

Identification and Information Regarding Area to Be Leased

1. Purpose and Intent

2. Authority

3. General Bidding Information

4. Instructions to Bidders

Exhibits

A. Location Map B. Land Use Regulations C. Bid Form D. Bid Calculation Sheet E. Livestock Inventory Form F. Example Negotiated Bid Items G. Hazard Analysis and Application Record H. Pesticide Application Record I. Sample Lease Form

APPLICATION INFORMATION PACKAGE

GRAZING LEASE

AT

AQUILLA LAKE

HILL COUNTY, TEXAS

Each bid must be enclosed in a sealed envelope to include the bidders return address and mailed to the following address:

US Army Corps of Engineers Whitney Lake Office ATTN: Grazing Lease Coordinator 285 County Road 3602 Clifton, Texas 76634

The information below must appear in the lower left corner of the envelope of the NOA application package/submittal.

Sealed Bid for NOA No. DACW63-9-22-0675 For Old School, New Road, and Hackberry Creek Wildlife Management Areas.

DO NOT OPEN

To be Received no later than:

Time: 11:00 A.M. Local Time Place: Whitney Lake Office Date: Tuesday, December 6, 2022

SITE VISITS may be arranged through the AG/Grazing Lease Coordinator, Contact:

Lake Manager Whitney Lake Office 285 County Road 3602 Clifton, Texas 76634 Phone (Office): 254-622-3332

IDENTIFICATION AND INFORMATION

REGARDING AREA TO BE LEASED

1. PURPOSE AND INTENT: The property will be leased for grazing purposes only.

The Government will use the grazing of livestock for the manipulation and control of vegetation. Work abatement in lieu of cash rental will be used to perform land management activities to improve wildlife habitat, improve native vegetation and conservation of other natural resources.

2. AUTHORITY: The authority for the granting of this lease is Title 10, United States Code, Section 2667.

3. GENERAL BIDDING INFORMATION

a. FORM OF LEASE

Within ten (10) days following receipt of notification of acceptance of the bid, the successful bidder will be required to enter into a formal lease with the United States, on a form such as the one attached hereto EXHIBIT I - SAMPLE LEASE, and subject to EXHIBIT B - LAND USE REGULATIONS, also attached hereto, which shall become a part of the lease.

b. TERM OF LEASE

The lease will be granted for a term of five (5) years with 1 – five (5) year option.

c. BID DEPOSIT

A two-hundred dollar ($200) deposit must accompany each bid in order to be considered. The deposit is required as a guarantee that the bidder will enter into a written lease within ten (10) days of the receipt of a written notice that the United States has accepted the bid as submitted. The deposit must be in the form of a Cashier's Check, Money Order, or Certified Check, made payable to the F&A Officer, USAED, Fort Worth. The deposits of unsuccessful bidders will be returned to them as soon as practicable after the bids have been opened and the award made. Since the lease is entirely work abatement, the bid deposit of the successful bidder will be returned after the Lessee enters into a lease agreement with the Government.

d. PAYMENT OF RENTAL

The lease requires one-hundred percent (100%) of rent to be in the form of work abatement, as designated by the U.S. Army Corps of Engineers. Annual rent will be completed on or before the anniversary of each lease year.

e. WARRANTY

The property described herein will be leased on an "as is" basis subject to the provisions and conditions of this NOA and the proposed lease. NOTE: Occasional flooding of leases on flood control projects is inevitable. Condition No. 11. RIGHT TO ENTER AND FLOOD, of the lease, reserves the right to the United States to flood the Premises whenever necessary and the Lessee shall have no claim for damages on account thereof. The property is available for inspection by prospective bidders. Bidders are expected to inspect the property and form their own conclusions as to its suitability for their use. The failure of any bidder to make such inspection will not constitute grounds for any claim for adjustment or for withdrawal of bid after the time of bid opening. Arrangements for inspection can be made by contacting the Grazing Lease Coordinator U.S. Army Corps of Engineers, Whitney Lake Project Office, 285 County Road 3602, Clifton, Texas 76634, 254-622-3332, between the hours of 8:00 A.M. and 4:00 P.M., Monday through Friday. It is understood and agreed that there is no warranty of any character other than that expressly stated in this NOA.

f. ACCEPTANCE OF BIDS

All bids will remain open for acceptance or rejection for a period of fifteen (15) days from the date of the bid opening. Notice of award will be given to the successful bidder as soon as practicable after the opening of bids. A successful bidder will be deemed to have been sufficiently notified when the notice is mailed in a postpaid envelope to the bidder at the address indicated in this NOA. Bids will not be accepted after 11:00 A.M. on December 6, 2022. Modifications of applications may be made in sealed envelopes, as for original bid, up to that time.

g. REJECTION OF BIDS

The right is reserved by the United States to reject any and all bids or to waive any informality in bids received.

h. AWARD OF LEASE

A lease will be awarded to the highest bidder complying with the conditions of this NOA, provided the bidder is responsive, the bid is reasonable, and it is in the interest of the United States to accept it.

i. DEFAULT

A bidder will be considered to have defaulted when the bidder fails to enter into a formal lease with the United States within ten (10) days after the bidder has been notified that the United States has accepted the bid as submitted, or if the successful bidder fails to satisfy the conditions of the NOA. The United States will then declare the bidder in default, and the deposit will be retained to defray expenses caused by the default.

j. SOCIAL SECURITY NUMBER REQUIREMENT

Delinquent accounts are subject to collection by authority of the IRS Tax Refund Offset Program as contained in the Deficit Reduction Act of 1984, Public Law 98-369, 26 U.S.C. Sec. 6402. EXHIBIT C - BID FORM, Page 1 must contain the bidder's social security number. Failure to provide the number will be cause for rejection of the bid.

4. INSTRUCTIONS TO BIDDERS

a. BIDS SUBJECT TO THESE TERMS

All bids submitted shall be deemed to have been made with full knowledge of all the terms, conditions, and requirements herein contained.

b. SEALED BIDS

Sealed bids must be submitted on EXHIBIT C - BID FORM and EXHIBIT D - BID CALCULATION SHEET accompanying this NOA, or exact copies thereof, and must be completed in full. Bids will be assessed based on the total cash bid for the term.

Additional copies of the NOA and bid forms can be obtained from the Issuing Office.

c. EXECUTION OF BIDS

Each bid must give the full address of the bidder and be signed with the Bidder's usual signature. A bid executed by an attorney or agent on behalf of the bidder shall be accompanied by an authenticated Power of Attorney.

d. ADDITIONAL INFORMATION

Any additional information required may be obtained from the Issuing Office. Bid value must be in the form of work abatement to the Government as shown on EXHIBIT D - BID CALCULATION SHEET as TOTAL LEASE NET CASH BID (for 5 years with one 5-Year Option), which will be paid to the Government.

e. SUMBISSION OF BIDS

It will be the duty of each bidder to see that the bid is delivered by the time and at the place prescribed in this NOA. Bids received prior to the time of opening will be securely kept, unopened, until the time for opening of bids. The officer whose duty it is to open them will decide when the specified time has arrived and no bid received thereafter will be considered. No responsibility will attach to an officer for premature opening of a bid not properly addressed and marked. All modifications of a bid or withdrawal of bid must be in writing. Telegraphic bids will not be considered, but modifications or withdrawals, by telegraph, of bids already submitted will be considered, if received prior to the time set for opening bids. Hand-carried bids must be delivered to the place designated in this NOA.

f. WITHDRAWAL OF BIDS

Bids may be withdrawn upon written or telegraphic request received from bidders prior the time fixed for opening. Negligence on the part of the bidder in preparing a bid confers no right to withdraw the bid after it has been opened.

g. OPENING OF BIDS

At the scheduled time for the opening of bids, their content will be made public for the information of bidders and other interested parties.

H ac kb er ry W

M A

O ld

S ch o o l

W M A

N ew

R o ad

W M A

0.

1.

0.

M ile s

Aq ui lla L ea se B ou nd ar y

A q u il la L ak e

Pr op os ed

Aq ui lla

G ra zi ng L ea se

Page 1 of 4 Exhibit A

0.

0.

0.

M ile s

H ac kb er ry A cc es s Pt s

H ac kb er ry A cc es s R oa d

H ac kb er ry L ea se B ou nd ar y

A q u il la L ak e

Pr op os ed

Aq ui lla

G ra zi ng L ea se

H ac kb er ry W M A

To ta l R oa d Di st an ce : 3

.5

M ile s

Page 2 of 4 Exhibit A

0.

0.

0.

M ile s

Ne w

R oa d

AG

A cc es s pt s

Ne w

R oa d Ac ce ss

R oa d Ne w R oa d

Le as e Bo un da ry

A q u il la L ak e

Pr op os ed

Aq ui lla Gr az in g Le as e

Ne w

R oa d W

M A

To ta l R oa d Di st an ce : 1 .9

M ile

Page 3 of 4 Exhibit A

0.

0.

M ile s

Ol d

Sc ho ol A cc es s pt s Ol d Sc ho ol

A cc es s

Ro ad

Ol d

Sc ho ol L ea se

B ou nd ar y

A q u il la L ak e

Pr op os ed

Aq ui lla Gr az in g Le as e

Ol d

Sc ho ol W

M A

To ta l R oa d Di st an ce : 6 .0

M ile

Page 4 of 4 Exhibit A

LAND USE REGULATIONS

1. The lessee shall meet for a conference with the Lake Manager or his representative at the Whitney Lake Project Office by appointment 15-days prior to the start of each lease year to determine and finalize the appropriate rental abatement work items required.

This shall be accomplished prior to stocking or any activity on site by the lessee. Rent payment shall be in the form of 100% negotiated rental abatement work. If a rental abatement item is deleted, a substitute rental abatement item of the same value may be required. If a rental abatement work item is deleted and no other rental abatement item can be substituted, the lessee shall be required to submit a cash payment equal to the estimated value of the rental abatement item. The work items for rental abatement shall be determined and approved by the Lake Manager. An example of work abatement item would be cross fencing. The work may require completion within the first three (3) months of a lease year. The lessee may complete services ahead of schedule if desired.

Prior to conducting any activity on site, the lessee shall make an appointment with the Lake Manager, Whitney Lake Project Office, to discuss use of the leased area.

2. To determine a fair and reasonable price for the required rental abatement work items the following requirements shall be adhered to:

a. Reasonableness of a proposed price to accomplish rental abatement work items shall be based upon competitive quotations each year from a minimum of three sources as acceptable to the Real Estate Contracting Officer. The Real Estate Contracting Officer may also obtain a quote and reserves the right to reject bids submitted by the lessee if a quote obtained by the Government is lower.

b. The lessee is allowed the opportunity to be one of the sources utilized in obtaining competitive quotations for the required rental abatement work items.

c. The price of each rental abatement work item shall be determined by the lowest bid.

3. All fences, gates and other improvements installed by the Lessee, pursuant to this lease, shall become and remain the property of the Government. Removal of all or any portion of said improvements by lessee upon revocation, relinquishment, or termination of lease shall not be allowed. Exception: If temporary (not anchored in the ground) corrals or catch pens are installed for purposes of the lease, these may be removed within ten (10) days of revocation, relinquishment or termination of the lease.

4. The lessee shall, at all times during the term or duration of this lease, either personally conduct or appoint an individual in writing to maintain supervisory control over the operations conducted on the leased premises. Lessee or his appointed foreman must live in the immediate area or within four (4) hour response time to handle any problems or emergencies which may arise on lease area. If an individual is appointed as foreman; then, that person must have a copy of the lease in their possession. Lessee shall be responsible for all activities conducted under the lease.

Page 1 of 6 Exhibit B

5. The lessee shall, a minimum of twice yearly May and October, maintain access roads as defined by the lease map. Roads shall be mowed a minimum of 15 feet wide.

Deviations to these areas or widths may only be allowed with approval of the lake manager. The lessee shall notify the lake office a minimum of one week in advance of the start of mowing. These mowings shall not count as part of the abatement funds owed and thus should be reflected in bid pricing.

6. Any and all forms of chemical control must be approved by the lake manager, and use shall be carried out in accordance with all federal, state and local laws, rules and regulations. Application must be supervised by a state licensed applicator.

7. Planting operations – The Lessee may request to plant supplemental winter forage.

The lake manager shall review the request in order to insure that the lessee has planned for proper soil management and that the planting of supplemental forage shall not result in erosion. No-till practices shall be required in most cases. Permanent pastures may be established through work abatement as directed by the lake manager. Fertilizer and or other nutrient improvements are not allowed unless a written request is approved by the lake manager.

8. Availability of forage and the general condition of available forage shall govern the intensity of grazing by livestock. Rotational grazing may be utilized. The lessee shall notify the lake manager of predicted rotation plans. All grazing shall cease on any part or all of the leased area, when, in the opinion of the Lake Manager the accessible forage has been utilized to a degree where further grazing may be detrimental to established native vegetation.

9. The Aquilla Grazing Lease (2,725 acres) is broken up into three (3) identified areas and each area shall have its own stocking rate and grazing schedule. Stocking rates are determined at a level that shall not cause erosion, soil damage and/or overgraze native vegetation. Initial stocking rate for each area are as follows:

1. Hackberry Creek: (750 acres) / (1) AU per 30 acres = 25 AU’s

2. Old School: (1370 acres) / (1) AU per 37 acres = 37 AU’s

3. New Road: (605 acres) / (1) AU per 26 acres = 23.25 AU’s

If the lessee elects to stock at a rate lower than maximum allotment of animal units, no rebate or compensation shall be given for this voluntary reduction. For this lease, animal unit equivalents shall be as follows:

CLASS EQUIVALENT ANIMAL UNITS (AU)

Cow (dry) 1.00

Cow (with calf under 400 lbs) 1.00

Bull (mature) 1.25

Cattle (over 400 lbs/less than 2 years old) 0.70

Cattle (less than 400 lbs) 0.50

Page 2 of 6 Exhibit B

10. The Real Estate Contracting Officer reserves the right to adjust the base stocking rate as needed due to changes in range condition and from loss of land area due to temporary or permanent pool (lake) fluctuations. The Real Estate Contracting Officer shall set the stocking rate approximately sixty (60) days prior to the beginning of each lease year. If the stocking rate is other than the base, the new stocking rate shall be incorporated in the lease by a supplemental agreement. An adjustment in the stocking rate may be made at the lessees request if it meets the goal of maintaining a sixty to seventy-five percent (60-75%) harvest rate. The rental rate shall be adjusted to reflect the decreased stocking rate by a reduction in required work abatement or a cash refund, if funds are available. If an increase /decrease change in the stocking rate is requested/required, the rental rate shall be adjusted by increasing/decreasing the rental abatement work items to equal the value of the adjustment in animal units. Rental cost shall be determined by the actual number of AUs on the lease area calculated by Animal Unit Month (AUM).

EXAMPLE: The Lessee initially stocks the lease area to the full base stocking rate of 50 AUs. This stocking rate is maintained for 6 ½ months. Half way through the 7th month the Lake Manager reduces the stocking rate due to drought conditions. The new stocking rate is set at 25 AUs by Supplemental Agreement. This stocking rate stands for the remainder of the lease year. The rental payment would be determined as follows: [(50 AUs x 6.5 months = 325AUMs) + (25 AUs x 5.5 months = 137.5) = 462.5 AUMs] x $25 (bid price per AUM) = $11,562.5

11. Optional Stocker Calf Operation - This option allows the lessee to stock at a higher rate for a shorter period of time. For example: The lessee would stock 98.4 AU for six (6) months and then pull the cattle off the remainder of the year. This method still achieves a rate of 49.2 AU/month/year. However, under this option, there shall not at any time be more than twice the amount of AU specified in the lease.

12. The Government reserves the right to verify the number and type of animals brought onto the leased premises. Note: Lessee may be required provide all pens and chutes to verify stock numbers and valid Brucellosis test ear tags.

13. Prior to bringing livestock onto the lease area, lessee shall furnish certificate of inventory (Exhibit E) indicating amount, kind, age of livestock, Brucellosis ear tag number/tattoo and/or a certificate showing a negative Brucellosis test. These certificates shall be submitted to the Lake Manager a minimum of five (5) working days prior to stocking and shall serve as proof of ownership of and liability for livestock.

a. All livestock over 400 lbs. shall be marked with ear tags approved by the Government.

b. Newborn livestock shall be marked on an annual basis in accordance with standard practices. If livestock are branded on site, the brand used must be registered with the Hill County Clerk’s Office in accordance with State Law.

c. The Lessee shall meet with the Lake Manager to establish a schedule for inventory of livestock a minimum of seven (7) working days in advance of stocking. If

Page 3 of 6 Exhibit B livestock and the certificate of inventory balance and all livestock have valid ear tags or tattoo, the Lake Manager or his representative shall sign the certificate authorizing the release of livestock from catch pens.

Note: Lake Manager representative shall inspect the certificate of inventory a maximum of once each day on weekends. A minimum of 48 hours notice is required for stocking.

Inventory certification shall not be done on federal holidays.

d. The lessee shall maintain a current written record of the number of animal units grazed. These records shall be available to the Lake Manager upon request. Prior to any and all increases or reductions of livestock by lessee, revised certificate of inventory shall be submitted for approval by the Lake Manager.

e. The Lessee shall comply with all applicable federal, state, and local laws regarding animal health. Evidence of compliance with such laws shall be provided by the Lessee. A certificate showing a negative Brucellosis test for each animal or documentation showing proof of the animal being vaccinated for Brucellosis must be submitted to the Lake Manager or his representative. If documentation is submitted showing proof of the cattle being vaccinated for Brucellosis, the Lake Manager or his representative may request to examine the Brucellosis tattoo in the ear of the livestock to verify the documentation. Lessee shall comply with the Brucellosis regulations as defined and published by the Texas Animal Health Commission.

f. The Lake Manager reserves the right to inspect livestock without prior notification to ensure compliance with lease requirements. Lessee shall gather all livestock into catch pens upon notice of violation or perceived violation, or to re-tag livestock within seven (7) working days of notification by Lake Manager at no expense to the Government. Note: Lessee shall provide all pens and chutes to verify stock numbers and valid Brucellosis test ear tags (if adequate Catch pens are not available on the property) at locations as designated by the Lake Manager at the pre-work conference.

14. Lessee and all people under his employ shall adhere to United States Army Corps of Engineers regulations, as stated in Title 36 Code of Federal Regulations, Chapter III, part 327, "Rules and Regulations Governing Public Use of Water Resource Development Projects", administered by Chief of Engineers. Violations of this part, or of any federal, state or local law may be basis for termination of said lease.

15. Grazing stock is restricted to cattle. Horses shall not be pastured on the lease area, but may be used when needed to work livestock. All horses shall be vaccinated for Viral Encephalitis. Dogs used on the lease area shall be vaccinated for rabies and shall be tagged with appropriate device. No sheep, swine or goats shall be permitted.

16. The Lessee shall remove dead livestock from Federal property in a manner satisfactory to the Lake Manager within 24 hours after detection.

17. The Lessee shall take measures to obtain uniform forage utilization and minimize overgrazed areas. Salt blocks and feed supplements shall be distributed away from watering areas and roads, and shall periodically be moved at the Lessee's discretion or at the direction of the Lake Manager.

Page 4 of 6 Exhibit B

18. During reservoir draw down periods, fences shall be extended to the water's edge by the Lessee at no cost to the Government as required to confine livestock to the lease area. Fences extended below conservation pool (537.5) shall be built with smooth wire where possible, flagged for visibility and removed by lessee as water rises so as not the create a safety hazard to boaters and swimmers. The Lessee shall be required to maintain surveillance of fences and perform repairs as needed to assure that fences are adequate to control livestock. All damage to boundary fences shall be repaired in reasonable time period regardless if it is in a pasture where cows are located. All repair work and materials used to maintain facilities owned by the Government shall be inspected and approved by the Government.

19. Livestock shall be culled when undesirable conditions are discovered in the individual. Animals may be replaced by an equal number which meet lease specifications. Undesirable conditions may include unwarranted aggression, as lease areas are open to public use. All livestock that repeatedly destroy fencing and do not remain contained within the confines of fences or other net and barb wire fences shall be culled. All cull livestock shall be gathered by the Lessee and removed from the area upon verbal or written notification from the Lake Manager at no expense to the Government.

20. The Lessee shall not alter existing gates or place additional access points in the perimeter fence in any lease area unless provided for in the rental abatement work items or unless prior written permission is granted by Real Estate Contracting Officer. The Lessee shall keep access points/gates locked at all times. Keys and locks shall be provided by the Government for the duration of the lease. The Lessee shall provide combination locks and chains to keep cross fences locked opened or closed and shall remove such by the expiration date of the lease. The combination shall be given to Government and any changes shall require 7 days advance notice. Lessee supplied locks shall NOT be permitted on boundary fence gates.

21. If the lessee wishes to remove old fences, driftwood and other trash and debris, the removal shall be at the expense of the Lessee.

22. Pumping of lake water for use on the lease area is prohibited unless written permission is granted from Real Estate Contracting Officer and the Brazos River Authority. If permission is granted, all pumping equipment shall remain portable and in good operating condition. Watering of livestock from the lake property is permitted.

Easement shall not be granted for use of electrical pumping equipment.

23. The Lessee shall take all reasonable precautions to prevent the escape of fire and to suppress same. It is further understood that the Lessee shall not purposely nor otherwise attempt to burn any portion of the area without a written permit issued by the Lake Manager.

24. Lessee may not lease lands for the specific purpose of receiving cash payments or other benefits by subleasing to another party or individual. If lessee joins in a partnership, the partner shall be allowed to use the leased area for same scope and purpose as stated in lease and lessee shall retain all responsibilities and liabilities

Page 5 of 6 Exhibit B accepted in the lease.

25. Omissions - Specifications for lease services may not cover all activities, steps, and/ or procedures required to accomplish rental offset work. In case of omission, specifications shall conform to standard accepted methods and techniques that shall produce the desired results and rental offset shall be determined as per Condition No.

2. In no instance shall an omission be a reason to perform inferior rental offset work, produce a less than acceptable product, or refuse to perform an intended activity.

26. The lease area is subject to periodic flooding during which time operations may be impossible. The Government assumes no liability for production losses. Access across Government property may also be limited from time to time due to climatic conditions.

The right is reserved to the United States to flood the lease premises and the lessee shall have no damages of any character on account thereof against the United States, as set out in Lease Condition No. 15.

27. Failure to comply with any of the conditions contained herein including failure to perform/complete the annual rental abatement work items each year within the specified time period (as stated in Lease Condition No. 2) is a basis for revocation of the lease and the lessee shall owe the cash value of the services not performed which are due and payable upon revocation. If rental abatement work items are not completed by the due date through no fault of the Lessee, then the Lake Manager may reschedule the work item or delete the work item. If a rental abatement work item is deleted and no other rental abatement item can be substituted, the lessee shall be required to submit a cash payment equal to the estimated value as agreed to in Lease Condition No. 1 for rental

28. Abatement during the lease year. The payment shall be submitted by the lessee within 10 days after being advised by the Government that the cash payment is due.

Page 6 of 6 Exhibit B

BID FORM

Signature Date

Social Security Number

PRIVACY ACT STATEMENT

Your social security number is requested on this Invitation for Bid. The primary use of this information is for the Internal Revenue Service to assist Federal Agencies to collect delinquent accounts receivable pursuant to the Deficit Reduction Act of 1984, Public Law 98-369, 26 U.S.C. 6402. Furnishing the social security number is voluntary, but failure to do so will result in rejection of your bid.

Page 1 of 2 EXHIBIT CPage 1 of 2 EXHIBIT C

NOTICE OF AVAILABILITY NO.: DACW63-9-22-0675

PROJECT: Aquilla Lake, Texas

DATE: _______________

District Engineer Fort Worth District Corps of Engineers ATTN: AG/Grazing Lease Coordinator Whitney Lake Office 285 County Road 3602 Clifton, Texas 76634

The undersigned (Print Name)_________________________________________________________ ( ) individual ( ) a corporation existing under the laws of the state of______________________________________ ( ) a partnership consisting of ________________________________________________________ ( ) an individual trading as ____________________________________________________________

(Address and Telephone Number) hereby offers to lease from the United States of America subject to the terms and conditions and in accordance with the instructions to bidders contained in Notice of Availability No. DACW63-9-22-0675 the parcel below for the price indicated. TOTAL LEASE NET CASH BID for 5 years with One 5-Year Option (from EXHIBIT D, BID CALCULATION SHEET)

TOTAL LEASE NET CASH BID: Approximately 2,725 acres of Grazing $_____________________

Attach EXHIBIT D, BID CALCULATION SHEET for each parcel that you have submitted a bid upon.

EXHIBIT C

BID FORM (cont.)

NOTICE OF AVAILABILITY NO.: DACW63-9-22-0675

Block No. 1

Enclosed is a Certified Check, Cashier’s Check, or Money Order, Payable to the “F&A Officer, USAED, Fort Worth”, in the amount of ____________________________________ Dollars ($______________).

Signature _____________________________

Address:______________________________

ALL BIDDERS MUST COMPLETE THIS BLOCK

City & State: __________________________

Zip Code: ____________________________

Phone No.: ___________________________

Date: ________________________________

Block No. 2

CERTIFICATE OF CORPORATE BIDDER

I, ______________________________________, certify that I am the ___________________________ of the corporation named as bidder herein; that ______________________________________________ who signed this bid on behalf of the bidder, was then _________________________________________ said corporation by authority of its governing body and is within the scope of its corporate powers.

AFFIX SEAL

Signature

Title

Page 2 of 2 EXHIBIT C

BID CALCULATION SHEET

The Lessee will meet, by appointment, with the Lake Manager, or their representative, at the Whitney Lake Office, within the first ten (10) days of the lease period ,to discuss the rental work abatement items and schedule prior to any activity by the Lessee. Payment made by the Lessee will be in the form of rental work abatement as described in EXHIBIT B, LAND

USE REGULATIONS.

LEASE YEARS 1-5:

The initial base stocking rate will be:

25 Animal Units per Month (AUM) for Hackberry Creek 37 Animal Units per Month (AUM) for Old School

23.25 Animal Units per Month (AUM) for New Road

A. Lease Year 1 = 85.25 AUM x $___________ x 12 = $ _____________ per Year

B. Lease Year 2 = 85.25 AUM x $___________ x 12 = $ _____________ per Year

C. Lease Year 3 = 85.25 AUM x $___________ x 12 = $ _____________ per Year

D. Lease Year 4 = 85.25 AUM x $___________ x 12 = $ _____________ per Year

E. Lease Year 5 = 85.25 AUM x $___________ x 12 = $ _____________ per Year

TOTAL 1 = TOTAL LEASE NET CASH BID (5 Years) $_______________

OPTION YEARS:

(If made available at that time)

A. Option Year 1 = 85.25 AUM x $___________ x 12 = $ _____________ per Year

B. Option Year 2 = 85.25 AUM x $___________ x 12 = $ _____________ per Year

C. Option Year 3 = 85.25 AUM x $___________ x 12 = $ _____________ per Year

D. Option Year 4 = 85.25 AUM x $___________ x 12 = $ _____________ per Year

E. Option Year 5 = 85.25 AUM x $___________ x 12 = $ _____________ per Year

TOTAL 2 = TOTAL NET OPTION YEARS BID $_______________

TOTAL LEASE NET CASH BID: TOTAL 1 $ _____________

TOTAL 2 $_____________

TOTAL LEASE NET CASH BID = $ _____________

1 of 1 EXHIBIT D

LIVESTOCK CERTIFICATE OF INVENTORY

Cows (over 2 yrs. old)

No. of Head Tag Id. Nos.

Bulls (mature)

No. of Head Tag Id. Nos.

Cattle (under 2 years old / over 600 lbs.)

No. of Head Tag Id. Nos.

I certify the above information to be true and correct.

Lessee Signature

Received by:

(Government Representative)

Page 1 of 1 Exhibit E

EXAMPLE SPECIFICATIONS FOR POTENTIAL

“NEGOTIATED WORK ABATEMENT ITEMS”

1. Fence Renovation/Repair

(a) The lessee will furnish all labor, tools, cutting and welding supplies, concrete, tie wire, and equipment to clear old fence line and renovate fence as specified. All supplies and materials will be included in the specific scope of work for each project.

(b) Any existing wooden corner/braces, H-braces, and line posts will be dug out or pulled out. Any post removed will be disposed of off of Government Property.

(c) Steel pipe corner posts/braces, H-braces, and line posts will be installed in place of existing wooden posts and braces. All steel pipe will be schedule 80 pipe. All posts will be set as specified in the job specs at no less than 30 inches and all pipe will be capped with metal or concrete caps. All post holes will have a minimum diameter of 12 inches and will be filled to surface level with concrete.

(d) All posts will be plumb, on line and to grade. A welded metal H-Brace will be installed every 300 feet or any place and H-brace is removed. Pipe line posts will be set every 100 feet. All pipe will be capped with metal or concrete caps.

(e) All strands of barbwire will be taut upon completion of the job. Wire must be tight enough so that a five pound weight that is suspended in the middle of a 15 foot stretch will not cause more than two inches of sag. The lessee will not re-tighten the existing wires to the point of pulling the line posts out of perpendicular alignment. If necessary, all wires will be removed from the line posts and restretched. The wire will be attached to the line posts with galvanized wire fence clips or a minimum of 12 gauge galvanized tie wire. Strands will be spaced in the following manner. The bottom strand will be six inches from the ground.

The top strand will be 56 inches from the ground. The remaining strands will be spaced evenly between the bottom and top strands. All government boundary signs will be removed prior to the removal of the wire and reattached when work is complete.

(f) In segments of the fence that do not require the barb-wire to be removed and re-stretched, the lessee will reattach any strand that has come loose from the line post, correct any strand that no longer conforms to the spacing scheme, and require all broken or missing stands 12 ½ gauge two (2) point American Made barbed wire.

(g) Splicing of wire will be accomplished by using the fence splicer or the “Western Union” method.

(h) At corner braces, each strand of wire will terminate at the corner post. Each strand of wire will be double wrapped around the post and will be wrapped back on itself a minimum of 4 times. All strands of barbwire will be tied to all vertical posts.

Page 1 of 6 Exhibit F

(i) All broken or badly misshapen intermediate line posts (T-Posts) will be removed and replaced by the lessee. All new intermediate line posts (T-Posts) will be 6.5 feet tall and 1.33 grain. Any T-Post that is out of alignment will be pushed back into alignment, or if necessary removed and reset.

(j) In places where the fence line has been buried or partial buried by silt, the lessee will pull the T-Posts out of the ground and reset them at the proper depth. The strands of barbwire will reattach at the specifications as stated in section e.

(k) Water gaps will be constructed according to site specific specifications utilizing the water gap scope of work.

(l) All existing cross fencing will be securely tied into the newly renovated fence.

(m) The lessee will take every precaution not to damage or disturb government boundary monuments or markers. The lessee will be held responsible for any damage to government boundary monuments resulting from work activities.

Corners will be installed no closer than 6 inches or farther than eight inches from the monument.

(n) The lessee will return all work sites to original condition.

(o) All fences will be left in a cattle tight condition at the close of each workday.

(p) Some areas will not be accessible by vehicle on Government property. The government will not incur any expense to gain access; therefore the lessee is required to perform the work using the best access available on Government property. The government will not improve access on Government property specifically for the work abatement project.

2. New Fence Construction

(a) The lessee will provide all labor, cutting and welding supplies, tools, tie wire, concrete and equipment to clear fence line and construct new fence in accordance with the following specifications. The contractor will provide all supplies unless stated specifically in the job scope of work.

(b) All steel pipe will be new or recleaned used drill stem. Sizes of pipes will be dependent on the type of bracing or line posts being used. Pipe will either be two and three eights (2 3/8), two and seven eights (2 7/8), four and half inch (4 ½) or six (6) inch pipe with minimum thickness of schedule 80. All T-Posts will be six and a half (6.5) feet 1.33 grain posts. Wire will be 12 gauge two point American made barbed wire. Lessee will install corner posts/braces, H-braces, line posts, T-posts and barbwire as described in sections 1-c, 1-e and 1-h of Exhibit C.

3. Catch Pen Construction

(a) Lessee will furnish all labor, tools and equipment to construct catch pens with loading chute. Size and scope of catch pens will vary depending on lease location and size.

Page 2 of 6 Exhibit F

(b) Materials will consist of gates of varying lengths constructed of two inch sixteen

(16) gauge steel, powder coated, painted or galvanized, with bolt through hinges.

Pipe consisting of new or recleaned used drill stem. Sizes of pipes will be dependent on the type of bracing or corral location of the posts being used. Pipe will either be two and three eights (2 3/8), two and seven eights (2 7/8), four and half inch (4 ½) or six (6) inch pipe with minimum thickness of schedule 80.

(c) Pipe posts will be a minimum of thirty (30) inches in the ground with hole diameter of twelve (12) inches and concrete filling the hole to ground level. Posts will be spaced at eight foot intervals. All post tops will be capped or covered with top rails. The coral walls will consist of a three to four (3-4) of three two and three eights (2 3/8) horizontal rails. The bottom rail will be twelve (12) inches above ground level. The top rail will be fifty (50) inches above the bottom rail with the remaining posts spaced evenly between the top and bottom rail. Cattle panels, 50 inches in height will be welded to the inside (contact side) of the pipe fence. All gates will be twelve (12) inches above ground and will be hung using bolt through hinges. All gates will swing fully open without dragging. The exact layout and dimensions of the pens will be determined before bids are requested.

4. Fence Line Clearing

All vegetation, debris, etc. will be removed along fence line from the property line fence to fifteen feet inside Government Property line by the lessee. All vegetation growing within this area with the exception of trees over 6” dbh as identified by the lake manager or their representative will be cut off at ground level. Any trees that hang into the clearing area will be trimmed back.

Overhanging limbs will be trimmed back to a minimum height of eight (8) feet.

Any tree identified by the lake manager or his representative that is trimmed will have a tree wound dressing applied to the cut. Brush and other vegetative materials will be placed in piles on the lease area at locations designated by the lake manager or their representative. No burning will be allowed or required.

5. Fence Removal

(a) All fences to be removed will be at the request of the lake manager or their representative. All wire will be removed and disposed of off government property. Any wires grown over by trees will be cut where the wire enters and exits the tree and removed. Wire running into the ground will be pulled up as much as possible and cut below ground level.

(b) All posts will be pulled up or cut off at ground level. Unless notified by the lake manager or their representative all posts will be disposed of off government property. The government reserves the right to keep any materials that may be needed for future use.

6. Strip Plowing

The lessee will disc strips of land for vegetative improvement or firebreaks. The strips will be fifteen (15) to forty-five (45) feet wide. The strips will be plowed to bare soil, and dragged smooth. The plowing will be in open areas or pasture

Page 3 of 6 Exhibit F perimeters. Any area that must be cleared where plowing will be done according to the section titled Fence line clearing.

7. Pasture Mowing

(a) The lessee will mow vegetation to a height of four (4) inches unless otherwise instructed by the Lake Manager or their representative. Woody vegetation, up to two (2) inches in diameter, will also be mowed. To prevent the formation of ruts, mowing will not be performed in wet soil conditions.

(b) Mowing may consist of open fields, fence and boundary lines, access roads and trails. Maps of areas to be mowed will be provided at the time of bid solicitation.

8. Food Plot Plantings

(a) The lessee will provide all labor, equipment and materials to plant wildlife food plots in locations designated by the Lake Manager or their representative. The government will specify the seed and planting rates to be used.

(b) The plots will be designated by map as to size and location at the time of bid solicitation. Plots may be located in a pasture that is being rested in the rotation.

Wildlife food plots will not be used for cattle grazing.

(c) The food plots may be plowed to bare soil and planted or may be planted with a no till drill, or broadcast slinging as defined by the Lake Manager or their representative. Termination and plowing of the food plot will be at the discretion and timing of the Lake Manager or their representative.

9. Native Grass Planting

(a) The lessee will provide all equipment, labor, fuel and supplies to prepare the soil and plant native grasses. The government will specify the seed, application rates and schedule to be used when planting. The Corps will approve any seed vendor prior to purchase of seed.

(b) Seeding areas may be plowed to bare soil and planted or may be planted with a no till drill, or broadcast slinging as defined by the Lake Manager or their representative.

(c) The seeding areas will be designated by map as to size and location at the time of bid solicitation. Plots may be located outside of the lessee’s area anywhere at Aquilla Lake. Seeding areas may be designated as non-grazing areas until the Lake Manager or their representative deems the area has had a successful chance for survival success.

10. Light Brush and Log Removal

The lessee will provide all labor, materials, and equipment to clear all live or dead trees and brush in designated areas. Fallen or drift logs will be removed and piled up. The brush and logs will be tightly piled in nearby locations designated by the Lake Manager or their representative.

Page 4 of 6 Exhibit F

11. Mechanical Brush Control

The lessee will provide all labor, materials fuel and equipment to mechanically clear and pile brush. Mechanical removal may be for fire lanes, fence line clearing, prairie restoration or general land clearing. The size and type of equipment will be flexible dependant on the size and type of job being bid. All cleared brush will be tightly piled at locations designated by the Lake Manager or their representative. After removal all gouges or holes from removal of the brush or as a result of the equipment used will be smoothed or filled. Care will be taken to not harm non target trees or fence lines.

12. Chemical Vegetation Control

(a) The lessees will provide all chemicals, equipment, and labor to chemically control target brush species to include mesquite, prairie willow, salt cedar and any other designated species defined by the job specific scope of work. The person applying the herbicide must possess a valid State of Texas applicator’s license.

A copy of the license must be available to the Lake Manager or their representative upon request.

(b) Type and rate of chemical will be set dependant on target species. Timing of application will also be dependent on chemical manufacturing recommendations.

The areas to be treated will be identified by map when the bid request is submitted. A forty eight (48) hour notice will be made to the lake office prior to the start of application. Care will be taken to reduce drift and avoid no target contact as much as possible. Receipts for chemicals and application will be submitted to the Lake Manager or their representative upon completion of the project.

(c) Application will be made following all precautions and specifications on the herbicide label and all applicable Federal, State and local laws/regulations will be strictly followed.

(d) Lessee may be required to re-treat the species in the target area that are not killed by the initial application. Continued treatment may be required until the target species has been successfully killed at a satisfactory rate determined by the Lake Manager or their representative.

13. Area Mowing

The lessee will mow/shred areas of land for vegetative improvement or firebreaks. The areas will be mowed at four inches above the ground as conditions allow. The mowing/shredding will be in a variety of different types of areas from grasslands to bottomland hardwood areas. Any debris or brush that needs to be removed to complete the job will be completed by the lessee prior to mowing.

Page 5 of 6 Exhibit F

14. Water Gap Construction

(a) The lessee will furnish all labor, tools, cutting and welding supplies, concrete, tie wire, and equipment to replace or build new water gaps.

(b) Water gap construction will be completed using Double H bracing consisting of pipe in various diameters of two and three eighths (2 3/8) to six (6) inches in diameter. Water gaps will be cable style with hanging cattle panels. Size and scope of work will vary by location to fit the need of the location.

(c) A detailed scope of work and location will be provided at the time of bid request.

15. Gate Replacement

(a) The lessee will furnish all labor, tools, cutting and welding supplies, concrete, tie wire, and equipment to replace or build new gates and gate braces.

(b) All gates will be twelve (12) inches above ground and will be hung using bolt through hinges. All gates will swing fully open without dragging.

(c) Materials will consist of gates of varying lengths constructed of two inch sixteen

(16) gauge steel, powder coated, painted or galvanized, with bolt through hinges.

Pipe consisting of new or re-cleaned used drill stem. Sizes of pipes will be dependent on the type of bracing or gate location of the posts being used. Pipe will either be two and three eights (2 3/8), two and seven eights (2 7/8), four and half inch (4 ½) or six (6) inch pipe with minimum thickness of schedule 80.

(d) Hinges will be installed in a manner that prevents the gate from being lifted up and off the hinges.

(e) All gates will have half (½) inch chain welded to the metal H bracing on the non hinge side that will be used to secure the gate with a lock provided by the government.

16. Erosion Control and Earth Moving

(a) The lessee will furnish all labor, tools, equipment and fuel to repair or construct erosion control structure or retention ponds.

(b) Type and location of structure will be dependent on location and need at time of bid. A specific scope of work will be available at time of bid request.

(c) Work may include, but not be limited to placing of rip rap rock, shaping of ditches and water ways, construction of retention ponds , and any other type of excavation or earth moving as may be required based on location and issue.

Page 6 of 6 Exhibit F

HAZARD ANALYSIS AND APPLICATION RECORD

ER 1130-2-413

HAZARD ANALYSIS AND APPLICATION RECORD

ANNUAL PESTICIDE ACTUAL USAGE RECORD FOR ______________________

PROJECT:

DISTRICT:

LAKE:

DATE:

PESTICIDE TRADE NAME:

E.P.A. CLASSIFACTION:

E.P.A. REGISTRATION #:

ACTIVE INGREDIENTS:

PURPOSE OF TREATMENT:

LOCATION OF TREATMENT:

SIZE OF TREATED AREA:

QUANTITY USED:

SPECIAL PRECAUTIONS:

APPLICATOR:

Page 1 of 1 Exhibit G

PESTICIDE/HERBICIDE APPLICATION RECORD *

Lake: Operator:

Date of Application: Time:

Purpose of Treatment:

Location of Treatment:

Size of Treated Area:

WEATHER CONDITIONS DURING TREATMENT

Air Temp: Water Temp (if applicable):

Wind Direction: Wind Velocity:

Percent Cloud Cover:

PESTICIDE/HERBICIDE:

Common Name:

Active Ingredient(s):

Percent Active: Ingredient(s): EPA Registration No.:

Manufacturer:

Mixture or Form Applied:

Application Rate: Method:

Special Precautions Taken:

Total Quantity Used:

Problems Encountered at Time of Application:

NUMBER OF REPEAT APPLICATONS TO BE MADE AT THIS SITE (This Year):

Company Name: Telephone:

(Signature of Operator)

* This record must be kept for TWO (2) years after treatment

Page 1 of 1 Exhibit H

DEPARTMENT OF THE ARMY LEASE

FOR AGRICULTURAL OR GRAZING PURPOSES

LOCATED ON

AQUILLA LAKE

HILL COUNTY, TEXAS

THIS LEASE, made on behalf of the United States, between the SECRETARY OF THE ARMY, acting by and through…