FULL NOTICE OF AVAILABLILITY DACW63-9-23-0647.pdf

NOA No. DACW63-9-23-0647 August 25, 2023

NOTICE OF AVAILABLILITY (NOA)

FOR LEASING

GOVERNMENT OWNED LAND

For Grazing Purposes Only Whitney Lake, Texas

Hill County, Texas

NOA NO. DACW63-9-23-0647

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 3,360 acres of land located within McCown Valley. The lease premises includes all or parts of Tracts: C266B, C265, C260, C256A, C254, C253, C262, C252, C265, C258, C263, C264, C250, C251, C249, C219, C220, C286, C213, C288, C215, C216, C281, C217, C222A, C289, C221, C261B, C224A, C230A, C232B, C231A, C230B, C224B, C222B, C223, C226A, C227A, C228, C229A, C235, C236, C236, C243, C241, C244, C245, C276-1, C276-2, A56, A47, A53, A54, and A51.

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 October 3, 2023

TIME: 10:00 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

WHITNEY 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

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

Sealed Bid for NOA No. DACW63-9-23-0647 For McCown Valley Grazing Lease

DO NOT OPEN

To be Received no later than:

Time: 10:00 A.M. Local Time Place: Whitney Lake Office Date: Tuesday, October 3, 2023

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

Lake Manager Whitney Lake Office 285 County Road 3602

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 10:00 A.M. on October 3, 2023. 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.

STATE HWY 1241

Map By: May Barker 21 JUL 2023

0 4,400 8,8002,200 Feet

³ _̂

³

THREE RIVERS REGIONAL PROJECT

WHITNEY RESERVOIR

HILL COUNTY, TEXAS

McCOWN VALLEY GRAZING LEASE

WHITNEY RESERVOIR

HILL COUNTY, TEXAS

PROJECT SITE

WHITNEY RESERVOIR

HILL COUNTY, TEXAS

PROJECT SITE

0 1 2 3 40.5 Miles

The U.S. Army Corps of Engineers has depicted this spatial data as a representation of the various geographic information gathered from multiple sources.

This data should be viewed only as a representation of the data and should not be used for any other purpose.

Legend

LEASE ROADS

TRACTS

LEASE AREA 3,360 AC

Page 1 of 2 Exhibit A

STATE HWY 1241

Map By: May Barker 21 JUL 2023

0 4,400 8,8002,200 Feet

³ _̂

³

THREE RIVERS REGIONAL PROJECT

WHITNEY RESERVOIR

HILL COUNTY, TEXAS

McCOWN VALLEY GRAZING LEASE

WHITNEY RESERVOIR

HILL COUNTY, TEXAS

PROJECT SITE

WHITNEY RESERVOIR

HILL COUNTY, TEXAS

PROJECT SITE

0 1 2 3 40.5 Miles

The U.S. Army Corps of Engineers has depicted this spatial data as a representation of the various geographic information gathered from multiple sources.

This data should be viewed only as a representation of the data and should not be used for any other purpose.

Legend

LEASE ROADS

TRACTS

LEASE AREA 3,360 AC

Page 2 of 2 Exhibit A

LAND USE REGULATIONS

1. The lessee shall meet for a conference with the Lake Manager or their representative at the Whitney

Lake Project Office by appointment 15-days prior to the start of each lease year to determine and finalize 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 one hundred percent (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 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 a work abatement item would be cross fencing. Prior to conducting any activity on site, the lessee shall make an appointment with the Lake Manager at the Whitney Lake Project

Office to discuss the use of the lease area.

2. To determine 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 item shall be based upon competitive quotations each year from a minimum of three (3) 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. 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. The lessee or their appointed foreman must live in the immediate area or within a four

(4) hour response time to handle any problems or emergencies which may arise on the lease area. If an individual is appointed as foreman, that person must have a copy of the lease in their possession. The lessee shall be responsible for all activities conducted under the lease.

4. The lessee may not lease lands for the specific purpose of receiving cash payments or other benefits by subleasing to another party or individual.

5. If the lessee joins in a partnership, the partner shall be allowed to use the leased area for the same scope and purpose as stated in the lease and the lessee shall retain all responsibilities and liabilities accepted in the lease.

6. The lessee and all people under their 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 any federal, state, or local laws may be basis for termination of said lease.

7. 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. Exemption: If temporary (not anchored in 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.

Page 1 of 4 Exhibit B

8. 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 in accordance with all federal, state, and local animal health regulations. Dogs used on the lease area shall be vaccinated for rabies and tagged with appropriate device. No sheep, swine or goats shall be permitted. The Government reserves the right to verify the number and type of animals brought onto the leased premises.

9. 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 10 feet wide, and 4 to 6 inches in height. Deviations to these areas or widths may only be allowed with the 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 mowing’s shall not count as part of the abatement funds owed and thus should be reflected in bid pricing.

10. 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.

11. Planting Operations – The lessee may request to plant supplemental winter forage. The Lake

Manager shall review the request in order to ensure 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 or other nutrient improvements are allowed upon written approval by the

Lake Manager.

12. Availability of forage and the general condition of available forage shall govern the intensity of grazing by livestock. Rotational grazing shall be utilized. The lessee shall notify the Lake Manager’s representative of predicted rotation plans. All grazing shall cease on any or all parts 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.

13. The initial base stocking rate for the McCown/Whitney Creek Lease Area shall be one (1) animal unit

(AU) per twenty (20) acres (i.e. 3,360 acres / 20 acres = 168 au per month per year). If the lessee elects to stock below the maximum stocking rate of animal units, no rebate or compensation shall be given for this voluntary reduction. Lessee shall maintain a minimum stocking rate to achieve sixty percent (60%) of available forage. 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

14. The Real Estate Contracting Officer reserves the right to adjust the base stocking rate as needed due to changes in range conditions or loss of land 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 anything other than the base, the new stocking rate shall be incorporated in the lease by a supplemental agreement. The lessee may request an adjustment in stocking rate and/or strategy if it meets the goal of maintaining a sixty to seventy-five percent (60-75%) harvest rate. Stocking rate and/or strategy requests shall be accepted or denied at the Real Estate Contracting Officer's discretion. 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 stocking rate is requested/required, the rental rate shall be adjusted by increasing/decreasing the rental abatement work items to equal the value of

Page 2 of 4 Exhibit B the adjustment in animal units. Rental cost shall be determined by the actual numbers of animal units 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 fifty (50) AU’s. This stocking rate is maintained for 6 ½ months. Halfway through the 7th month of the lease, the Real Estate Contracting Officer reduces the stocking rate due to drought conditions. The new stocking rate is set at 25 AU’s. This stocking rate stands for the remainder of the lease year. Any formal change in stocking rate shall require a Supplemental Agreement to the lease. The rental payment would be determined as follows:

[(50 AU’s x 6.5 months = 325 AUM’s) + (25 AU’s x 5.5 months = 137.5) = 462.5 AUM’s] x $25 (bid price per AUM) = $11,562.50.

15. Prior to bringing livestock onto the lease area, lessee shall furnish certificate of inventory (Exhibit E) indicating the amount, type, and age of livestock, Brucellosis ear tag number/tattoo and/or a certificate showing a negative Brucellosis test. Cattle shall be vaccinated in accordance with all federal, state, and local animal health regulations. 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 and liability of livestock.

a. All livestock over 400 lbs. shall be marked with ear tags approved by the Government. Ear tags shall include a unique identifier as well as the owners name and phone number.

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 livestock and the certificate of inventory balance and all livestock have valid ear tags or tattoo, the Lake Manager or their representative shall sign the certificate authorizing the release of livestock from catch pens.

Note: The Lake Manager’s representative shall inspect the certificate of inventory against cattle in leased area at least once monthly. A minimum of forty-eight (48) hours’ notice is required for stocking. Stocking 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 upon request. 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 their representative. If documentation is submitted showing proof of the cattle being vaccinated for Brucellosis, the Lake

Manager or their representative may request to examine the Brucellosis tattoo in the ear of the livestock to verify documentation. The 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 the lease requirements. The lessee shall gather all livestock into catch pens upon notice of violation or suspected violation, or to re-tag livestock within seven (7) working days of notification by the

Lake Manager at no expense to the Government. The Government does not guarantee availability of catch pens or chutes. The lessee may be required to provide all pens and chutes at locations designated by the Lake Manager to verify stock numbers and valid Brucellosis test ear tags.

16. Livestock shall be culled when undesirable conditions are discovered in an individual. Culled animals may be replaced by an equal number that meet lease specifications. Undesirable conditions may include

Page 3 of 4 Exhibit B unwarranted aggression, as lease areas are open to public use. All livestock that repeatedly destroy fencing and do not remain contained with the confines of fences shall be culled. All culled 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.

17. The lessee shall remove dead livestock in a manner satisfactory to the Lake Manager within 24 hours after detection.

18. The lessee shall take measures to obtain uniform forage utilization and minimize overgrazing areas.

Salt blocks and feed supplements shall be distributed away from watering areas and shall periodically be moved at the lessee’s discretion or at the direction of the Lake Manager.

19. 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 (533) shall be built with smooth wire where possible, flagged for visibility and removed by the lessee as water rises so as not to create a safety hazard to boaters and/or 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 a reasonable time period regardless of where cattle are located. All repair work and materials used to maintain facilities owned by the Government shall be inspected and approved by 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 prior written permission is granted by the Real Estate Contracting Officer. The lessee shall keep access points/gates locked at all times. The Government shall provide combination locks for the duration of the lease. If lessee supplies combination locks, combination shall match that of the Governments. Lessee supplied locks shall not be permitted on boundary fence gates.

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

22. The lessee shall take all reasonable precautions to prevent wildfires and to suppress any that may occur. 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.

23. 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. If flooding prevents lessee from utilizing the grazing lease area, the Government shall negotiate with lessee for a reduction in payment.

24. 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 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 or delete the work item. If a rental abatement item is deleted and no other 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. 2 for rental abatement during the lease year. Any payments shall be submitted by the lessee within ten (10) days after being advised by the Government that a cash payment is due.

Page 4 of 4 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.: DACW63-9-23-0647

PROJECT: Whitney 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. DACW63-9-23-0647 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 3,360 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.: DACW63-9-23-0647

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:

168 Animal Units per Month (AUM) for McCown Valley

A. Lease Year 1 = 168 AUM x $___________ x 12 = $ _____________ per Year

B. Lease Year 2 = 168 AUM x $___________ x 12 = $ _____________ per Year

C. Lease Year 3 = 168 AUM x $___________ x 12 = $ _____________ per Year

D. Lease Year 4 = 168 AUM x $___________ x 12 = $ _____________ per Year

E. Lease Year 5 = 168 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 = 168 AUM x $___________ x 12 = $ _____________ per Year

B. Option Year 2 = 168 AUM x $___________ x 12 = $ _____________ per Year

C. Option Year 3 = 168 AUM x $___________ x 12 = $ _____________ per Year

D. Option Year 4 = 168 AUM x $___________ x 12 = $ _____________ per Year

E. Option Year 5 = 168 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 RENTAL ABATEMENT WORK 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 removed. Any posts 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 forty (40). All posts will be set as specified in the job specs at no less than thirty (30) inches and all pipes will be capped with metal or concrete caps. All post holes will have a minimum diameter of twelve (12) inches and will be filled surface level with concrete.

(d) All posts will be plumb, on line and to grade. A welded metal H-brace will be installed every three hundred (300) feet or any place an H-brace is removed. Pipe line posts will be set every one hundred (100) feet.

(e) All strands of barbed wire will be taut upon complete of the job. Wire must be tight enough so that a five (5) pound weight that is suspended in the middle of a fifteen (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 re-stretched. The wire will be attached to the line posts with galvanized wire fence clips or a minimum of twelve (12) gauge galvanized tie wire. Strands will be spaced in the following manner: the bottom strand will be six (6) inches from the ground, the top strand will be fifty-six (56) inches from the ground, and the remaining strands will be evenly spaced 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 barbed 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 spaces scheme, and require all broken or missing strand twelve and one-half (12 ½) gauge two-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 branches, 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 upon itself a minimum of four (4) times. All strands of barbed wire will be tied to all vertical posts.

(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 six and one-half (6 ½) feet tall and 1.33 grain. Any T-posts that are 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 partially buried by silt, the lessee will pull the T-posts out of the ground and reset them at the proper depth. The strands of barbed wire will reattach according to the specifications as stated in section e.

(k) Water gaps will be constructed according to the site specifications utilizing the water gap scope that is provided.

Page 1 of 5 Exhibit F

(l) All existing cross fencing will be securely tied into any 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 further than 8 inches from the monument.

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

(o) 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 lessee will provide all supplies 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 brazing or line posts being used. Pipe will either be two and three eighths (2 3/8) inch, four and one-half (4 ½) inch, or six (6) inch pipe with minimum thickness of schedule forty (40). All T-posts will be six and one-half (6 ½) feet 1.33 grain posts. Wire will be twelve (12) gauge two-point American made barbed wire. Lessee will install corner posts/braces, H-braces, line posts, T-posts and barbed wire as specified in Section 1, Part C.

3. Fence Removal

(a) All fences to be removed will be at the request of the Lake Manager’s representative. All wire will be removed and disposed of properly off of government property. Any wires grown over by trees will be cut where the wires enter and exit the tree and be removed. Wires running into the ground will be pulled up as much as possible and cut six (6) inches below ground level.

(b) All posts will be pulled up or cut off at ground level. Wooden posts will be removed and disposed of properly off Government property. If sources for recycling are available, any metal posts and/or wire removed must be recycled. The Government reserves the right to keep any materials that may be needed for future use.

4. Fence Line Clearing

(a) All vegetation, debris, etc. will be removed along fence lines from the property line fence to fifteen (15) feet inside Government property line by the lessee. All vegetation growing within this area with the exception of trees over a six (6) inch diameter to breast height (dbh) as identified by the Lake Manger’s representative will be cut off at ground level. Overhanging tree limbs will be trimmed back to a minimum of eight (8) feet. Brush and other vegetative materials will be placed in piles on the lease area at locations designated by the Lake Manager’s representative. No burning will be allowed of required.

5. 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 5 Exhibit F

(b) Materials will consist of gates varying in length constructed of two (2) inch sixteen (16) gauge steel, powder coated, painted, or galvanized, with bolt-through hinges. Sizes of pipe will be dependent on the type of bracing or corral location of the posts being used. Pipe will either be two and three eighths (2 3/8) inch, four and one-half (4 ½) inch, or six (6) inch pipe with a minimum thickness of schedule 40.

(c) Pipe posts will be a minimum of thirty (30) inches in the ground with a hole diameter of twelve

(12) inches and concrete filling the hole to ground level. Posts will be spaced at eight (8) foot intervals. All post tops will be capped or covered with top rails. The coral walls will consist of three to four (3-4) three two three eights (2 3/8) horizontal rails. The bottom rail will be fifty (50) inches above the bottom rail with the remaining posts spaced evenly between the top and bottom rail.

Cattle panels fifty (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.

6. Strip Plowing

(a) 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 perimeters. Any area that must be cleared where plowing will be done according to Section 4: 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’s representative. Woody vegetation 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’s representative. The Government will specify the seed and planting rates to be used.

(b) The plots will be designated by a map as to size and location at the time of bid solicitation.

Plots may be located outside of the lessee’s area or in a pasture that is being rested in the rotation. Wildlife food plots will not be used for cattle grazing.

(c) 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 Manger’s representative. Termination and plowing of the food plot will be at the discretion of the Lake Manager.

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 U.S. Army Corps of Engineers 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’s representative.

Page 3 of 5 Exhibit F

(c) The seeding areas will be designated by a map as to the size and location at the time of bid solicitation. Plots may be located outside of the lessee’s area anywhere at Whitney Lake.

Seeding areas may be designated as non-grazing areas until the Lake Manager’s representative deems the area has had a successful chance for survival success.

10. Light Brush and Log Removal

(a) 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 placed into a pile. The brush and logs will be tightly piled in nearby locations designated by the Lake Manager’s representative.

11. Mechanical Brush Control

(a) The lessee will provide all labor, materials, fuel, and equipment to mechanically clear and pile brush. Mechanical removal may be utilized for fire lanes, fence line clearing, prairie restoration or general land clearing. The size and type of equipment will be flexible dependent on the size and type of job being bid. All cleared brush will be tightly piled at locations designated by the Lake Manager’s representative. After removal, all gouges, or holes from removal of 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 lessee 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 applicators license. A copy of the license must be available to the Lake Manager’s representative.

(b) Type and rate of chemical will be set dependent on target species. The timing of application will also be dependent on chemical manufacturing recommendations. The areas to be treated will be identified by a 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 chemicals and application will be submitted to the Lake Manager’s representative upon completion of the project.

(c) Application will be made following all precautions and specifications on herbicide’s label and all applicable local, state, and federal laws and regulations strictly followed.

(d) Lessee may be required to re-treat the target species 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’s representative.

13. Area Mowing

(a) The lessee will mow/shred areas of land for vegetative improvement or firebreaks. The areas will be mowed at four (4) 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 4 of 5 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-brace 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 specified area.

(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) Materials will consist of gates of varying lengths constructed of two (2) 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.

(c) Gate hinges shall be installed in a manner that prevents the gate from being lifted up and off of the hinges. Gate shall swing fully open without dragging.

(d) Gate shall have a sufficient length of one (1) inch chain welded on the non-hinged side used to secure the gate with a combination 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 structures or retention ponds.

(b) The type and location of a structure will be dependent on location and need at the time of bid.

A specific scope of work will be available at time of bid request.

(c) Work may include, but is not 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 5 of 5 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

LEASE NO. DACW63-1-23-XXXX

Page 1 of 28 Exhibit I

DEPARTMENT OF THE ARMY LEASE

FOR AGRICULTURAL OR GRAZING PURPOSES

LOCATED ON

WHITNEY LAKE

HILL COUNTY, TEXAS

THIS LEASE, made on behalf of the United States, between the SECRETARY OF THE ARMY, acting by and through the Real Estate Contracting Officer, Real Estate Division, U.S. Army Engineer District, Fort Worth District, hereinafter referred to as the Lessor, and <<Company Name>>, with its principal address at <<ADDRESS>>, <<CITY, STATE, ZIP>>, hereinafter referred to as the Lessee.

WITNESSETH:

That the Lessor finds that this Lease is advantageous to the United States, that the terms and conditions are considered to promote the national defense or to be in the public interest; that the Premises are under the control of the Lessor; that the Premises are not needed for the Term below for public use by the Lessor; and that the property is not excess property.

That the Lessor, by the authority of Title 10, United States Code, Section 2667, and for the consideration hereinafter set forth, hereby leases to the Lessee the property identified in EXHIBITS A – MAP and B – LEGAL DESCRIPTION, attached hereto and made a part hereof, hereinafter referred to as the Premises, over approximately 3,360 acres for grazing purposes, and in accordance with the land use regulations identified in EXHIBIT C, which is attached hereto and made a part hereof.

THIS LEASE is granted subject to the following conditions:

1. TERM

Said Premises are hereby leased for a term of ____ (#) years, beginning Month Day#, year, and ending Month Day#, Year, unless earlier terminated pursuant to the condition on TERMINATION. Provided that the Lessee has complied with the terms of this contract to the complete satisfaction of the Secretary or his representative, the Secretary has the option to grant the Lessee one (1) additional 5-year option.

2. CONSIDERATION

a. As consideration for this Lease, the Lessee shall pay to the Lessor consideration in…