P2024201_RFP_FINAL_(001)_04_04_2024.pdf

State of California -The Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director North Central Region 1701 Nimbus Road, Suite A Rancho Cordova, CA 95670 www.wildlife.ca.gov

(Rev. 07/24/2023) Conserving California’s Wildlife Since 1870 Page 1

April 5, 2024

REQUEST FOR PROPOSAL

Daugherty Hill Wildlife Area – Daugherty Hill Unit Permit for Excess Vegetation Disposal P2024201

Legal Basis of Authority

Pursuant to Fish and Game Code Sections 1010 and 1745.1(a), the California Department of Fish and Wildlife (CDFW), serving as an agent of the State of California (STATE), offers this Request for Proposal (RFP) to issue a Permit for Excess Vegetation Disposal. The proposed vegetation disposal activity will be conducted with non-exclusive rights on approximately 3,170 acres of real property known as the Daugherty Hill Unit, referred to as the Premises, within the Daugherty Hill Wildlife Area (DHWA), in the County of Yuba.

A successful proposal will convey flexibility, innovative ideas, and an understanding of the unique aspects of operating on a publicly owned property with the overall goals of maintaining diverse botanical and wildlife resources while maintaining the opportunity for multiple uses by public .The CDFW is requesting proposals from livestock operators who have experience working on public or conservation easement protected lands, and can address the specific wildlife habitat goals found within this RFP, stated generally on page 4, and more specifically in Exhibit B, the Site Operation Plan. One candidate will be selected to enter into a one year and ten month permit agreement.

Proposals must be received no later than May 17, 2024, at 3:30pm. A minimum of one original and one copy of the proposal must be submitted.

In the opinion of the CDFW, this RFP is complete and without need of explanation.

However, if you have questions, or need clarifying information, you may submit your inquiry in writing to the following Administrative Contact person. You may also ask questions at the site inspection.

CDFW Administrative Contact: CDFW Site Manager:

Name: Gail Turner Name: Dustin Wallis Title: Contract Analyst Title: Environmental Scientist Address: 1701 Nimbus Road, Suite A

Rancho Cordova, CA 95670 Address: 1701 Nimbus Road, Suite A

Rancho Cordova, CA 95670 Phone: (916) 358–1075 Phone: (916) 282–8977 Email: Gail.Turner@wildlife.ca.gov Email: Dustin.Wallis@wildlife.ca.gov

California Department of Fish and Wildlife Request for Proposal – P2024201

Site Inspection Location 12152-12060 Dolan Harding Rd (Dolan Harding Entrance, see Exhibit A: Map) Browns Valley, CA 95918 It is mandatory that you inspect the site before submitting a proposal. Site inspection(s) will be held on April 24, 2024, at 10:00am.

NOTE: No verbal information given will be binding upon the STATE or the CDFW, unless such information is issued in writing as an official addendum.

TABLE OF CONTENTS

SECTION PAGE

A. Objectives for Permit

B. Property Description and Grazing Overview

C. Bidder’s Minimum Qualifications

D. Proposals

E. Permit Term and Fee

F. Proposal Requirements and Information

1. Key Action Dates

2. Mandatory Pre-Proposal Conference and Site Inspection

3. Questions and Answers

4. Proposal Format Requirements

5. Submission of Proposal

6. Evaluation and Ranking

7. Interviews (If Needed)

8. Basis of Award

9. Disposition of Proposal

10. Protest

11. Finalization of Site Operation Plan (Exhibit B)

12. Permit for Excess Vegetation Disposal Award

13. Permit Execution and Performance

14. Sample Permit for Excess Vegetation Disposal Template

15. Exhibit A: Map ............................................................................................... i

16. Exhibit A–1: Legal Description of Site ........................................................... ii

17. Exhibit B: Site Operation Plan ...................................................................... iii

G. Required Attachments .......................................................................................xii

Attachment 1 – Required Attachment Check List .............................................xii Attachment 2 – Transmittal Letter .................................................................... xiii Attachment 3 – Statement of Qualifications .....................................................xiv Attachment 4 – Description of Personnel and Organizational Structure ........... xv Attachment 5 – Proposal for Goals 1-6 ............................................................xvi Attachment 6 – Disclosure Statements ........................................................... xvii Attachment 7 – Fee Proposal Form ............................................................... xviii Attachment 8 – Bidder References and Reference Letters ..............................xix Attachment 9 – Site Inspection Certification ..................................................... xx Attachment 10 – Proposal Certification Sheet ..................................................xxi Attachment 11 – Authorization Document ...................................................... xxiii

A. Objectives for Permit

The CDFW seeks a Permittee who can conduct a vegetation disposal operation on the Premises that will be consistent with the overall goals of conserving unique botanical and wildlife resources for ecological value and public use. Vegetation Disposal on the Premises will be expected to follow the general guidelines described in the Draft Grazing and Draft Land Management Plan for the DHWA, which can be found at (http://www.dfg.ca.gov/lands/mgmtplans) or provided upon request. A long-term objective of the CDFW is to use Vegetation Disposal activities to encourage and support wildlife habitat and reduce wildlife risk on the DHWA.

B. Property Description and Vegetation Disposal Overview

The Premises is located in the foothills of the Sierra Nevada mountains in Yuba County and is part of the CDFW North Central Region. It is composed of approximately 3,170 acres. Elevations on the Premises range from approximately 450 feet to 2,200 feet above sea level. There is one main perennial waterway, Dry Creek, that flows year-round and bisects the Premises. During periods of high flow, Dry Creek becomes impassable by cattle and restricts access to the east side of Dry Creek. Mixed oak woodlands are found in valleys and on gentle–to–steep slopes with moderately deep soils. Mixed conifer forests are present on the Premises at higher elevation. Introduced annual grasses are the common herbaceous plant species in the Premises, and are found as an understory component of the mixed oak habitat types and not as a dominant feature. There is a perimeter fence on the majority of the Premises, that when accompanied with a natural barrier of slope and brush is generally adequate to contain cattle within the Premises. A permanent cattle processing corral is available at the Premises at the Dolan Harding entrance. The annual grazing period for the Premises starts December 1, and goes through May

31. Total Animal Unit Months (AUMs) for the Permit is 780 AUMs or 130 Animal Units (AUs) per month. Cattle brought onto the Premises should be healthy and free of disease. Health records for all cattle on the Premises must be able to be provided to the CDFW upon request. Forage utilization monitoring by the Permittee shall occur periodically throughout the annual grazing period, and Residual Dry Matter (RDM) should be measured at least once annually after the cattle have been removed. The CDFW will also conduct its own monitoring of RDM, photo– monitoring, and inspections for negative impacts to the landscape due to cattle grazing. An average of 1,000lbs/acre of RDM on 0%–10% slopes, and 1,250 lbs/acre 10%–40% slopes will remain on the Premises at the end of the annual grazing period. In years where late spring rains cause vegetation growth in excess of the CDFW’s vegetation management goals, the annual grazing period may be extended by a mutual agreement between the CDFW and the Permittee.

C. Bidder’s Minimum Qualifications

Bidders will be required to submit a statement of qualifications that describes how they meet each of the following minimum qualifications:

1. Two references and reference letters in the past five years or one reference in the past two years that can attest to the potential Permittee’s experience in the implementation of a vegetation disposal agreement performed on public or conservation easement protected lands;

2. Five or more years of experience of wildlife-friendly grazing practices preferably focused on habitat restoration;

3. Ability to respond to emergencies on the Premises within one hour during the vegetation disposal period; and

4. Bidders must be in possession of the appropriate number of livestock needed to accomplish the objectives of the Permit.

D. Proposals

All proposals must conform to the following parameters:

1. Vegetation disposal activities may not begin prior to December 1, 2024, and may not continue past May 31, 2026.

2. A maximum of 130 AUs per month.

3. Only cattle may be grazed.

4. An average of 1,000 – 1,250 lbs./acre of RDM will remain on the Premises at the end of the annual grazing period.

Proposal packages must be prepared in accordance with the Proposal Format Requirements identified in Section F-4 of this RFP. Written proposals must contain sufficient information for the CDFW to determine which potential Permittee will be the best suited to enter into a Permit agreement with the CDFW on terms most advantageous to the CDFW. Proposals may include information that is not specifically requested in this RFP if such information is pertinent to the proposal.

In ranking proposals, the CDFW will consider how the proposed activities may further or conflict with the CDFW goals for DHWA.

E. Permit Term and Fee

If awarded, the term of this Permit shall be one year and ten months commencing November 1, 2024, or upon approval of the STATE, whichever is later (Commencement Date) and terminating on August 30, 2026, with such rights of termination as are set forth in the Permit. The STATE shall have the right to delay the Commencement Date if the STATE determines that the condition of the Premises warrant such a delay.

The annual grazing period will be six months, starting December 1, 2024, and ending May 31, 2025, in year one, and starting December 1, 2025, and ending May 31, 2026, in year two.

The annual permit fee will be calculated as the product of the proposed fee amount per AU per month times 130 AUs per month, times six months of grazing.

If an award is made, the following terms are expected to be included in the Permit:

Permittee shall have the option to extend the term for three additional one-year period(s), commencing when the prior term (including any previous extension(s) expires. In order to exercise an option, Permittee must give written notice to the STATE at least 180 days and not more than 365 days before the date the extended term would commence. See the Sample Permit for Excess Vegetation Disposal for more details.

If the option to extend is exercised, the fee for the option period(s) shall be calculated as follows: The permit fee will be calculated as the product of the proposed fee amount per AU per month times 130 AUs per month, times six months of grazing.

The fee shall be due and payable in lawful United States funds, without demand, offset or deduction, as shown in the payment schedule below. If the commencement date is delayed, the STATE may adjust the fee for the first year of the term as provided in the Permit.

PAYMENT SCHEDULE

No. PAYMENT DUE AMOUNT PERIOD COVERED 1 November 15, 2024 Half Annual

Fee December 1, 2024 – May 31, 2025

2 March 1, 2025 Half Annual Fee

December 1, 2024 – May 31, 2025

3 November 15, 2025 Half Annual Fee

December 1, 2025 – May 31, 2026

4 March 1, 2026 Half Annual Fee

December 1, 2025 – May 31, 2026

No credit against the fee or any other sums payable under the Permit shall be provided to Permittee for any contributions (including, without limitation, work done or materials or supplies furnished) by Permittee.

F. Proposal Requirements and Information

1. Key Action Dates

EVENT DATE

RFP Available April 5, 2024 – May 15, 2024 Mandatory Site Inspection April 24, 2024, at 10:00AM Proposal Submission Deadline May 17, 2024, at 3:30PM Proposal Evaluation and Ranking May 24, 2024 Interviews, If Necessary May 24, 2024

Final Selection/Notice of Intent to Award May 30, 2024 Proposed Award Date June 4, 2024 Finalize Exhibit B June 7, 2024 Proposed Commencement Date November 1, 2024

2. Mandatory Pre-Proposal Conference and Site Inspection

a. A mandatory site inspection is scheduled at 10:00am on April 24, 2024, at

12152-12060 Dolan Harding Rd (Dolan Harding Entrance, see Exhibit A:

Map) Browns Valley, CA 95918, for the purpose of discussing questions regarding this RFP and touring the site. No verbal information given will be binding upon the STATE unless such information is issued in writing as an official addendum, so the site inspection questions and original or corrected answers will be compiled and posted either separately, or in combination with the questions and answers addressed in Section 3, below.

b. In the event a bidder is unable to attend the mandatory pre-proposal site inspection, an authorized representative may attend in their behalf. The representative may only sign in for one bidder. No proposal will be accepted unless the bidder or bidder’s authorized representative was in attendance.

c. For bidders who need assistance due to a disability, reasonable accommodations will be provided by the CDFW upon request for the mandatory site inspection. The bidder must contact the CDFW Administrative Contact person listed on page one no later than the fifth working day prior to the scheduled date and time of the site inspection to arrange for a reasonable accommodation.

3. Questions and Answers

Bidders requiring clarification of the intent or content of this RFP, or on procedural matters regarding the competitive Proposal process, may request clarification by submitting questions in an email, or envelope clearly marked, "Questions Relating to RFP P2024201” to the CDFW Administrative Contact person listed on page one. To ensure a response, questions must be received by the CDFW no less than seven business days prior to the proposal submission deadline. At the sole discretion of the CDFW, questions may be paraphrased by the CDFW for clarity.

Written responses to all questions will be collectively compiled and posted on caleprocure.ca.gov no later than five days prior to the submission deadline. It is the responsibility of the bidder to check for the list of questions and answers associated with this RFP.

4. Proposal Format Requirements

For each of the required items listed below, the bidder’s name and page number should be placed in the upper right corner of each page. All written responses must be submitted on 8.5 x 11-inch paper using ¾” margins, 12-point Arial font, single spaced, and avoid non-standard abbreviations. Each attachment shall not exceed two single-sided 8.5”x11” pages. Hand-written attachments are not prohibited but must be legible or they will be rejected. A minimum of one original and one copy of the proposal must be submitted. Proposals should be organized as follows:

Attachment 1 – Required Attachment Checklist Form provided in this RFP. A checklist to be included with the submission of proposals to ensure that the proposal is complete.

Attachment 2 – Transmittal Letter

1. List the bidder’s name, mailing address, phone, and e-mail. The bidder must sign the transmittal letter in ink and be authorized to bind the proposing firm.

The name and title of the person signing the proposal must be typed below the signature.

2. The transmittal letter must state whether the bidder, or any individual who will perform work under the Permit, has a possible conflict of interest (e.g., employment by the CDFW) and, if so, the nature of that conflict. The CDFW reserves the right to cancel an award if any interest disclosed from any source could either give the appearance of a conflict of interest, or cause speculation as to the objectivity of the bidder. Such determination regarding any questions of conflict of interest shall be solely within the discretion of the CDFW.

Attachment 3 – Statement of Qualifications The statement of qualifications will describe the knowledge, education, experience, and abilities leading to the bidder in meeting or exceeding each of the minimum qualifications. The statement of qualifications will also include the number of reference letters required in Section C, minimum qualifications, above.

Attachment 4 – Description of Personnel and Organizational Structure

1. List all personnel who will be working on the Permit and their titles;

2. Brief, descriptive statement indicating the bidder’s credentials to perform the activities sought under this RFP;

3. Brief description of the bidder’s background, organizational history, and years in business;

4. Brief statement of how long the bidder has been performing the activities required by this RFP;

5. Location of office(s).

Attachment 5 – Proposals for Each Goal (1–6) Provide one written proposal of how you or your firm would operate to accomplish each of the six goals listed below. Each proposal must be submitted on separate sheet(s) of paper. Proposals must contain enough detail for the CDFW to score each proposal according to the established criteria. A sample proposal evaluation and scoring sheet is included herein.

Permit Goals:

1. By May 31 each year of the Permit term, there will be an average of 1,000

– 1,250lbs. per acre of RDM remaining and evenly distributed on the grounds.

2. Negative impacts to riparian areas and wetlands (e.g., streams, vernal pools, and seeps and springs) due to livestock will be avoided.

3. A rapid response to any requests to reduce, increase, or move livestock on the grounds due to condition changes within the time parameters in section C of this RFP.

4. Livestock trespass will be minimized onto adjoining properties and rapid responses will be addressed should it occur.

5. Negative impacts to roads used by the Permittee will be avoided.

6. Use of water will be effective and avoid waste.

Attachment 6 – Disclosure Statements

1. Description of any/all claims or legal actions that have been asserted or prosecuted against the bidder within the last five years arising out of acts or omissions of the bidder in connection with grazing operations or agreements otherwise similar to those proposed under this RFP. State the status of each claim and legal action. Claims should be fully disclosed regardless of whether they involved litigation, arbitration, or other formal or informal dispute resolution processes. The disclosures required under this provision also apply to any of the individuals who will be a part of the agreement.

2. A statement as to whether, in the last ten years, the bidder has filed (or had filed against him/her/them) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors; and if so, an explanation providing relevant details.

Attachment 7 – Fee Proposal Form Form provided in this RFP. Provide a proposed fee per AU per month. All costs associated with the proposed performance of the desired outcomes and complying with the provisions of the Permit should be considered by the bidder when submitting this fee proposal.

Attachment 8 – Bidder References and Reference Letters Form provided in this RFP. Provide the applicable references and reference letters as detailed in the Minimum Qualifications section.

Attachment 9 – Site Inspection Certification Form provided in this RFP. This form must be signed by the bidder, or an authorized representative, and co-signed by the Site Manager on the day of the mandatory site inspection to certify attendance.

Attachment 10 – Proposal Certification Form Form provided in this RFP. (Instructions on page 2 of this form).

Attachment 11 – Authorization Document Attach the appropriate document to the provided check-form as described. See page xxiii below.

5. Submission of Proposal

a. All proposals must be submitted under sealed cover and received by the CDFW at the location indicated below on or before the date and time identified above in Section F, Proposal Requirements and Information, Item

(1) Key Action Dates. The sealed cover must be plainly marked with the RFP number and title, must show the complete bidder name and address, and must be marked with "DO NOT OPEN," as shown in the following example:

Daugherty Hill Wildlife Area – Daugherty Hill Unit Permit for Excess Vegetation Disposal P2024201 California Department of Fish and Wildlife Bidder Name Bidder Address Bidder City, State Zip

DO NOT OPEN

Proposals not submitted under sealed cover will be rejected and returned unopened to the bidder.

Any proposal received at the above address after the proposal submission date and time specified in Section F-1 (Key Action Dates) will NOT be considered. It is the CDFW's policy to make every effort to ensure that all proposals have been received and properly time stamped; however, bidders are ultimately responsible for ensuring timely receipt of their proposal.

Bidders may verify receipt of their proposal by contacting the Administrative Contact identified in this RFP prior to the proposal evaluation and ranking.

A minimum of one original and one copy of the proposal must be submitted.

b. Bidders assume the risk of the method of dispatch chosen. The CDFW assumes no responsibility for delays caused by any delivery service.

Postmarking by the due date shall not substitute for actual proposal receipt by the CDFW. The time of delivery will be determined by the clock in the CDFW’s office. Late proposals will not be accepted, and no additional time will be granted to any bidder. Proposals may not be delivered orally, by facsimile transmission, or by other telecommunication, or electronic means.

c. All proposals shall include the documents identified in Section G-4, Required

Attachment Checklist (Attachment 1). Proposals not including the proper required attachments shall be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements.

d. All documents requiring a signature must bear an original signature of a person authorized to bind the bidder.

e. Mail or deliver proposals to the following address:

Gail Turner

California Department of Fish and Wildlife Bidder Name 1701 Nimbus Rd Rancho Cordova, CA 95670

DO NOT OPEN

f. A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The CDFW may reject any or all proposals and may waive an immaterial deviation in a proposal. The CDFW's waiver of an immaterial deviation shall in no way modify this RFP or excuse the bidder from full compliance with all requirements, if awarded the Permit.

g. Costs incurred by the bidder for developing proposals, participation in mandatory site inspection and/or interviews, and any other costs incurred in connection with this RFP, and in anticipation of a Permit award, are entirely the responsibility of the bidder and shall not be charged to the STATE or the

CDFW.

h. An individual who is authorized to bind the bidder shall sign the Proposal

Certification Form. If the bidder is a corporation, partnership, or other legal entity, the signature should indicate the title or position that the individual holds in the entity. Any unsigned proposal will be rejected.

i. A bidder may modify a proposal after its submission only by withdrawing the original proposal and resubmitting a new proposal prior to the proposal submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

j. A bidder may withdraw a proposal by submitting a written withdrawal request to the CDFW, signed by the bidder or an authorized agent. A bidder may thereafter submit a new proposal prior to the proposal submission deadline.

Proposals may not be withdrawn without cause after the proposal submission deadline.

k. The CDFW may modify this RFP prior to the time fixed for submission of proposals by issuing an addendum to all parties who received a proposal package.

l. The CDFW reserves the right to reject all proposals. The CDFW is not required to award a Permit.

m. Before submitting a response to this solicitation, bidders should review the response, correct all errors, and confirm compliance with the RFP requirements.

n. The bidder is required only upon the date and time specified for the site inspection identified in this RFP to inspect the Premises and investigate the conditions, character, and quality of the site. The Premises will be made available in As-Is condition. The CDFW makes no representations, warranties, or guarantees, express or implied, regarding the Premises, including its fitness or suitability for bidders’ purposes; the condition or quality of soils; organic certification of any pasture or field; existence, adequacy, or condition of fencing; or availability of water or electric power, none of which are guaranteed. No changes to the fee amount will be made due to a lack of careful examination of the site.

o. Questions on this RFP must be presented in writing to the Administrative

Contact no later than seven business days before the proposal submission deadline.

p. The Permit will be an agreement between the CDFW and only one Permittee, which must be an individual or a legal entity, such as a corporation or partnership. Proposals submitted by any informal association of persons or entities will be rejected. If the bidder is a partnership (General Partnership or Limited Partnership), a copy of the partnership agreement must be provided.

The date of such an agreement must pre-date the proposal submission deadline date.

q. The provisions of the CDFW’s Permit are not negotiable.

r. No oral understanding or agreement shall be binding on either party.

s. By submitting a proposal, the bidder acknowledges that the bidder has read and understands this RFP and is in agreement to the provisions of the sample Permit included as part of this RFP package.

t. If any provision of this RFP is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the CDFW and the bidder shall be construed and enforced as if this RFP did not contain the particular provision held to be invalid.

6. Evaluation and Ranking

a. All proposals received by the submission deadline will be reviewed by the

CDFW to determine compliance with mandatory proposal requirements as specified in this RFP. If the CDFW determines that a proposal is not considered fully responsive and it is material to the RFP requirements, the proposal may be rejected.

b. Proposals accepted under the terms of this RFP will be evaluated and ranked by an evaluation team which may consist of a CDFW Wildlife Area Manager, regional CDFW representative, CDFW Unit Biologist, or other CDFW employees. Composition of the evaluation team is subject to change at the sole discretion of the CDFW.

c. At least two references are required. The CDFW will review each reference letter and attempt to contact each reference by phone. References will be asked to describe the prior vegetation disposal agreement transaction they had with the bidder, and to answer the following questions:

1. Did the firm/individual satisfactorily complete the obligations within the terms of the agreement? (Yes or No)

2. Did the firm/individual pay the fee(s) on time? (Yes or No)

3. Was the firm/individual knowledgeable in best grazing practices to avoid negative impacts to the property? (Yes or No)

If any reference provided by the bidder answers “No” to any of the questions, the proposal will be disqualified on the grounds that the bidder did not meet the minimum qualifications, and the proposal is therefore non-responsive.

d. Proposals that contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the bidder, may be rejected.

e. The CDFW reserves the right, at its sole discretion, to request clarifications of proposals or to conduct discussions for the purpose of clarification with any or all bidders. The purpose of any such discussions shall be to ensure full understanding of the proposal. If clarifications are made as a result of such discussion, the bidder shall put such clarifications in writing. Bidders may not submit supplemental information without the approval of the CDFW.

f. The evaluation team may consider information that is pertinent to the bidders’ qualifications, regardless of whether such information is specifically requested or included in the criteria listed in this RFP.

g. Proposals will be ranked based on the criteria set forth below:

Rating/Scoring Criteria Points Statement of Qualifications, Reference

Check and Disclosure Statement Pass/Fail Bidder Experience 10 points Ability to Respond to Emergencies 10 points Proposal for Goal 1 15 points Proposal for Goal 2 15 points Proposal for Goal 3 15 points Proposal for Goal 4 15 points Proposal for Goal 5 15 points Proposal for Goal 6 15 points Proposed Fee 40 points

Total Possible Points: 150 Points

The method of evaluation and scoring is as follows:

Statement of Qualifications

Pass Meets minimum qualifications.

Fail Did not provide a SOQ; or did not meet minimum qualifications.

Reference Check

Pass Reference provided a “Yes” response to each question.

Fail A “No” response to any question will be grounds to deem proposal non-responsive.

Disclosure Statement

Pass The bidder did not disclosure any claims of legal actions within the last five years or bankruptcy or insolvency proceedings within the past ten years.

Fail The bidder did disclosure claims of legal actions within the last five years or bankruptcy or insolvency proceedings within the past ten years.

Bidder Experience

1-10 Rate bidders knowledge, experience, and approach to benefit the Premises based upon their proposal.

Ability to Respond to Emergencies

1-10 Rate the bidders ability to respond to emergencies at the Premises based upon the response time in their proposal.

Goal 1

By May 31 of each year through the term, there will an average of 1,000 lbs. per acre of RDM remaining and evenly distributed on the Premises, as much as possible, whereas steeper (10%-40%) slopes shall have an average of 1,250 lbs. per acre. Please explain the techniques, frequency and experience you possess to accomplish these objectives.

Did not respond or proposal indicates an apparent lack of desired skill set and knowledge.

Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

10 Proposal would meet the goal with no negative impacts.

Proposal would meet the goal with no negative impacts, and was innovative in approach and/or showed best grazing practices.

Goal 2 Describe a plan for, and experience in, avoiding negative impacts on riparian areas and wetlands (i.e., streams, seeps and springs) and rare, threatened, and endangered plant species in those areas.

Did not respond or proposal indicates an apparent lack of desired skill set and knowledge.

Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

10 Proposal would meet the goal with no negative impacts.

Proposal would meet the goal with no negative impacts and was innovative in approach and/or showed best grazing practices.

Goal 3

Describe a plan for, and experience in, ensuring even distribution of cattle throughout the Premises, including how you will ensure that cattle will graze on the east side of Dry Creek when the flows make Dry Creek impassable by cattle. Additionally, describe a plan for ingress and egress of cattle on the Premises.

Did not respond or proposal indicates an apparent lack of desired skill set and knowledge.

Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

10 Proposal would meet the goal with no negative impacts.

Proposal would meet the goal with no negative impacts and was innovative in approach and/or showed best grazing practices.

Goal 4

Indicate your expected presence on the Premises and how you plan to reduce impacts on wildlife (including predators), and how cattle operations will avoid disturbance of wildlife (e.g., OHV use, where and when will calving occur etc.). Include how you will report issues found on the premises to CDFW.

Did not respond or proposal indicates an apparent lack of desired skill set and knowledge.

Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

10 Proposal would meet the goal with no negative impacts.

Proposal would meet the goal with no negative impacts and was innovative in approach and/or showed best grazing practices.

Goal 5

During the term of the Permit, the STATE may determine that conditions warrant a change in the annual grazing period term, which would result in a reduction in AUs/AUMs and/or rapid removal of livestock from an area of the Premises to protect rare, threatened and endangered species.

Describe your contingency plan to deal with such an event, including resources you have available to respond to the change within the given timelines in the Sample Excess Vegetation Removal Template.

Did not respond or proposal indicates an apparent lack of desired skill set and knowledge.

Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

10 Proposal would meet the goal with no negative impacts.

Proposal would meet the goal with no negative impacts and was innovative in approach and/or showed best grazing practices.

Goal 6

Describe a plan that uses cattle grazing to improve wildlife habitat, including the promotion of native grass and tree species, and reduce weeds of limited wildlife value (e.g., yellow star-thistle, Centaurea solstitialis).

Did not respond or proposal indicates an apparent lack of desired skill set and knowledge.

Proposal indicates some knowledge, but not enough information provided to determine if goal could be met.

10 Proposal would meet the goal with no negative impacts.

Proposal would meet the goal with no negative impacts and was innovative in approach and/or showed best grazing practices.

Fee (40 points possible):

The highest price offered receives the maximum of 40 points. All other proposals will receive a score based on the following formula:

Cost proposal divided by the highest cost proposal x 40 points = Score

Example:

Highest bid is $35.00/AUM………………………………...…………..….40 points Next highest bid is $32.50/AUM…….($32.50 divided by $35.00) times 40 = 37 points Next bid is $25.00/AUM………($25.00 divided by $35.00) times 40 = 28 points

= TOTAL POINTS SCORED TOTAL POINTS POSSIBLE: 150

7. Interviews (If Needed)

At the CDFW’s discretion, interviews may be held with bidders that ranked closely in the evaluation scoring, if any clarifications in the proposals are needed or as the method to break a tie. The interviews will be conducted by the evaluation team.

8. Basis of Award

The Permit award, if made, will be to the responsive, responsible bidder with the highest ranking based upon the evaluation criteria (and any interview results).

The evaluation process is designed to award the Permit not necessarily to the bidder offering the highest Fee, but rather to the bidder with the best combination of attributes based upon the evaluation criteria and that which presents the most advantageous proposal to the CDFW.

Proposal responses must comply with all RFP requirements. Failure to do so will disqualify the proposal. If it is determined not to be in the best interest of the STATE, the CDFW reserves the right to not award a Permit in response to this

RFP.

9. Disposition of Proposal

a. Upon proposal opening, all documents submitted in response to this RFP will become the property of the STATE. Selection or rejection of a proposal does not affect its ownership by the CDFW.

b. All proposal information, including detailed price and cost information, shall be held in confidence during the evaluation process. Upon the completion of the evaluation of proposal, indicated by a notice of intent to award the Permit, the proposals and associated materials shall be open for review by the public to the extent allowed by the California Public Records Act (Government Code sections 6250-6270 and 6275-6276.48). By submitting a proposal, the bidder acknowledges and accepts that the contents of the proposal and associated documents shall become open to public inspection. The guidelines for making CDFW-related Public Records Act requests are available on the CDFW/Fish and Game Commission Guidelines for Public Records Act Requests internet page, here:

https://www.wildlife.ca.gov/General-Counsel/Public-Records-Requests

10. Protest

a. In Accordance with Public Contract Code Section 10345, if any bidder, prior to the award of an agreement, files a written protest with the Department of General Services (DGS) – Office of Legal Services and CDFW on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement will not be awarded until either the protest has been withdrawn or the DGS has decided the matter. The protest must be sent to:

Department of General Services Office of Legal Services

California Department of Fish and Wildlife

Attn: Bid Protest Coordinator Attn: State Owned Properties Management Unit

Address: 707 3rd Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

Address: P.O. Box 944209 Sacramento, CA 94244-

Email: OLSProtests@dgs.ca.g ov

Email: BMBstateownedproperti es@wildlife.ca.gov

Within five days after filing the initial protest, the protesting bidder must file with the DGS and the CDFW a detailed written statement specifying the grounds for the protest. Protests may be submitted by regular mail, courier, or personal delivery.

11. Finalization of Site Operation Plan (Exhibit B)

The CDFW, in agreement with the awardee, may include the awardee’s proposals as addenda to the Site Operation Plan – Exhibit B. The CDFW reserves the option to strike-out or modify any portion of the winning proposal that conflicts with the Permit and/or Site Operations Plan. Revision to the standard language of the Permit is prohibited.

If the CDFW and the awardee initially selected by the CDFW are unable to agree on the provisions of the Site Operation Plan within a reasonable time, the Permit will be offered to the bidder ranked second by the evaluation team. The negotiation process described in Sections F-6 through F-9 and F-11 will be repeated until an agreement is executed.

12. Permit for Excess Vegetation Disposal Award

a. Following the award, the CDFW will request insurance documentation from the awardee that will comply with Section 21 of this Agreement. These documents must be provided on or before the requested date. STATE execution of the Permit is contingent upon the verification of the insurance by the DGS – Office of Risk and Insurance Management. (The awardee should provide the Sample Permit and the “Land Use Agreements: Guide to Insurance Documentation Requirements” to their insurance broker when requesting the coverage and required documents.)

b. The awardee will be required to provide a completed Payee Data Record form (STD. 204) with the documents described above.

c. The CDFW reserves the right to rescind the award if any requested documentation is not provided by the awardee on or before the requested due date. The awardee is solely responsible for ensuring timely responses by any individual or firm they choose to create and provide the requested documents.

d. The CDFW reserves the right to offer the award to the next responsive, highest scoring bidder, or to issue a new RFP if the award is rescinded.

e. Upon receipt, the awardee will sign the provided originals of the Permit for Excess Vegetation Disposal and return all signed originals within ten business days after receipt from the CDFW.

f. This RFP and the Permittee selection processes do not obligate the CDFW and do not create rights, interests, or claims of entitlement in the apparent best evaluated potential Permittee or any vendor.

13. Permit Execution and Performance

a. Activities (including any pre-season preparation work) shall start no sooner than the Commencement Date indicated upon the Permit or upon delivery of a fully signed and executed Permit to the Permittee and the CDFW receipt of the first Fee, whichever occurs later.

b. All activities and obligations under the Permit shall be completed on or before the termination date of the Permit.

14. Sample Permit for Excess Vegetation Disposal

This RFP includes, as a separate document, a sample Permit for Excess Vegetation Disposal (Sample DFW 587) for review. The sample DFW 587 contains language that the CDFW expects to utilize for this Permit. Following award of the Permit, the CDFW will prepare a Permit for Excess Vegetation Disposal, including exhibits for execution. By submitting a proposal, the successful bidder acknowledges that they have read and understand the provisions of the Permit and agree to sign and return the DFW 587 within ten business days of receipt if awarded.

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15. Exhibit A: Map ii

16. Exhibit A-1: Legal Description of Site iii

17. Exhibit B: Site Operation Plan

Site Description The Daugherty Hill Unit, referred to as the Premises, is approximately 3,170 acres in size and lies 18 miles northeast of Marysville, California and 18 miles northwest of Grass Valley, California. The Premises is situated in a foothill transitional zone between the Central Valley and the Sierra Nevada Mountains.

Habitat Type Mixed oak woodlands are found in valleys and on gentle-to-steep slopes with moderately deep soils. Introduced annual grasses within the Premises are the common herbaceous plant species in this habitat and are found as an understory component of the mixed oak habitat types and not as a dominant feature. These include wild oats (Avena fatua), soft brome (Bromus hordeaceus), ripgut brome (Bromus diandrus), red brome (bromus madritensis), wild barley (Hordeum leporinum), and foxtail fescue (Setaria spp.). Common forbs include broadleaf filaree (Erodium moschatum), redstem filaree (Erodium cicutarium), turkey mullein (Eremocarpus setigerus), true clovers (Trifolium), bur clover (Medicago polymorpha), popcorn flower (Plagiobothrys spp.), and many others. Mixed oak woodlands are typically dominated by more than two oak species. Typical oak species include blue oak (Quercus douglasii), interior oak (Quercus agrifolia), valley oak (Quercus lobata), and black oak (Quercus kelloggii). The typical associated tree species include California buckeye (Aesculus californica) and foothill pine (Pinus sabiniana). Typical associated shrub species include poison oak (Toxicodendron radicans) and coffeeberry (Frangula californica).

Mixed oak woodland consists of different mixes of all four oak species mentioned above. Riparian habitat is present along naturally occurring watercourses as well as man-made irrigation ditches.

Geology, Soils, Climate, and Hydrology Elevation at the Premises ranges from 450 feet in the southern boundaries of the Premises to approximately 2,200 feet at a highpoint in its northeastern portion.

Inter- and intra-annual precipitation at the Premises is highly variable. Average annual precipitation for the 26 years from 1990-2015 (as recorded by a California Department of Water Resources weather station operated in Browns Valley, California, approximately 7 miles from the Premises) was 27.50 inches, with a range of 8.00-48.60 inches. 97.4% of that precipitation arrived between the months of October and May. There is one main perennial waterway, Dry Creek, which serves as the principal surface drainage system for the Premises, in addition to a seasonal irrigation ditch managed by Browns Valley Irrigation District (BVID). Vegetation at the Premises is characteristic of the Blue Oak Woodland vegetation type, which consists of a wooded overstory of blue oak (Quercus douglasii), interior live oak (Quercus wislizeni), foothill pines (Pinus sabiniana), and other hardwood and shrub species and a grassland understory iv composed predominantly of naturalized, non-native annual grasses interspersed with some native and non-native perennial grasses and forbs.

The soils found within the Premises consist of Auburn, Sobrante, Timbuctoo, Argonaut, and Orose soil series. These soils are commonly found on undulating to very steep foothill sites that have slopes of 3% to 75%. All are considered well drained, capable of low to high runoff with moderate permeability. Rock outcrops are common at the Premises. All of these soils typically support rangeland, with small areas capable of supporting irrigated pasture (NRCS 2016). Susceptibility to compaction in the fenced in area adjacent to the Dolan Harding Road parking lot is moderate, and special care should be taken by the permittee to reduce the risk of compaction.

Dry Creek and its associated ephemeral drainages provide water for livestock at points throughout the grazing period. Additionally, a seasonal irrigation ditch managed by BVID is present on the Premises and may provide water for livestock at certain times of the year. It is the responsibility of the Permittee to provide water for cattle in the event of failures of existing sources of water.

Coordination with and approval by the CDFW on the location for the water trough is required if water needs to be brought to the Premises in order to prevent impacts on sensitive habitats.

Wildlife The variety of vegetation types at the Premises provides habitat for several species of mammals. The most common of the larger mammals found at the Premises include mule deer (Odocoileus hemionus), raccoon (Procyon lotor), gray fox (Urocyon cinereoargenteus), bobcat (Lynx rufus) and coyote (Canis latrans). Other larger mammals with potential to occur at the Premises include American black bear (Ursus americanus) and mountain lion (Puma concolor).

Smaller mammals with the potential to occur at the Premises include small rodent species, bat species, black-tailed jackrabbit (Lepus californicus), and Virginia opossum (Didelphis virginiana). Common small rodent species include California ground squirrel (Spermophilus beecheyi), western gray squirrel (Sciurus griscus), Botta’s pocket gopher (Thomomys bottae), deer mouse (Peromyscus maniculatus), and California vole (Microtus californicus).

The woodland areas at the Premises provide important habitat for deer, California quail (Callipepla californica) and wild turkey (Meleagris gallopavo).

Mule deer are common at the Premises because the area offers habitat with openings and understories with thick shrubs that provide both important forage and cover. The woodlands also serve as habitat for western gray squirrels and bats that utilize tree cavities for nesting and roosting.

Special Status Plants and Wildlife The Premises contains two species considered sensitive by the California Natural Diversity Database (CNDDB). Brandegee’s clarkia (Clarkia biloba ssp.

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Brandegeeae), an annual herb, has been found at the western boundary of the Premises, east of the Dolan Harding Road parking lot. This plant species is considered rare within California. Also, the California black rail (Laterallus jamaicensis coturniculus), a threatened bird species in California, has been found at the western boundary of the Premises, south of the Dolan Harding Road parking lot. At the Premises, they are found in shallow water wetlands with dense emergent vegetation and may occupy wetlands of even less than a quarter of an acre. The populations at the Premises have been observed to colonize newly created wetlands shortly after sufficient vegetation becomes established. Prior to the availability of summer water from the local irrigation district, there was no black rail habitat on the DHWA and no documented records of the species at this location. California black rails have been studied on the Spenceville Wildlife Area and the DHWA, as well as other private properties in the Yuba County foothills since the late 1990s. Some of the wetland areas where the black rails were discovered and monitored for the past several years are frequented by fisherman, hikers, and have sustained a light to moderate grazing program.

Exclusion fencing to protect Brandegee’s clarkia and California black rail may be put in place by the CDFW.

The Premises also supports riparian areas, which are found along its perennial and seasonal waterways and in meadows and other shallow depressions, some of which may be maintained by leaks from theBVID canal system. Riparian areas in arid and semi-arid grassland and oak woodland sites are critical for supporting a broader suite of flora and fauna species that are essential to ecosystem function. However, due to their shade, access to water, and more palatable vegetation, riparian areas can frequently be negatively impacted by be herbivory and trampling by cattle. If cattle are found to be negatively impacting riparian areas, the CDFW may require the Permittee to exclude cattle from impacted riparian areas.

Invasive Plants In addition to a suite of non-native but naturalized species, California grasslands and oak woodlands are vulnerable to a more recent invasion of noxious weeds, in particular medusahead (Taeniatherum caput-medusae) yellow star-thistle (Centaurea solstitialis), and barbed goat grass (Aegilops triuncialis), whose deleterious effects to ecosystem function and livestock production have been well documented.