Bid package - Big Rivers - 2022-2026.pdf

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

DIVISION OF REAL PROPERTY

INVITATION TO BID

FOR LEASE

STATE-OWNED REAL PROPERTY

KENTUCKY DEPARTMENT OF FISH AND WILDLIFE RESOURCES

LEASE OF 895 ACRES OF AGRICULTURE LAND

BIG RIVERS WILDLIFE MANAGEMENT AREA

UNION/CRITTENDEN COUNTIES, KENTUCKY

Invitation No: 09022021

Bid Opens: Thursday, September 2, 2021 at 3 p.m. EDT

INSTRUCTIONS TO BIDDERS

(1) Bid must be submitted on the "Form of Proposal" included within and made part of this Invitation, appropriately signed, and received at the Division of Real Properties, State Properties Branch, Bush Building, 3rd Floor, 403 Wapping Street, Frankfort, Kentucky 40601-2607, not later than the specified "bid opening" time and date.

(2) The Commonwealth of Kentucky reserves the unqualified right to reject any or all bids.

(3) For further information contact Wendell Harris, State Properties Branch, Division of Real Properties, Bush Building, 3rd Floor, 403 Wapping Street, Frankfort, Kentucky 40601-2607, phone: (502) 203-5051 or email: wendell.harris@ky.gov.

(4) Anyone interested in the results of this bid opening may participate in a conference call at the time listed by dialing 502-782-2663 and entering the participation code 42014.

mailto:wendell.harris@ky.gov

Invitation to Bid Agricultural Land

Big Rivers Wildlife Management Area/State Forest Union/Crittenden Counties

General Terms and Conditions

At the request of the Department of Fish and Wildlife Resources, the Division of Real Properties issues this invitation to bid on the lease of agricultural land at the Big Rivers Wildlife Management Area/State Forest located in Union and Crittenden County, Kentucky.

Sealed bids, subject to the conditions contained herein, will be opened at the Division of Real Properties, Bush Building, 403 Wapping St, 3rd Floor, Frankfort, KY 40601, Thursday, September 2, 2021 at 3 P.M.

Property to be leased: The land to be leased is owned or licensed to the Kentucky Department of Fish and Wildlife Resources and the Kentucky Division of Forestry, and is utilized for the purpose of implementing, operating and managing a fish and wildlife program. The land to be bid consists of approximately 895 acres of row crop with previous row-cropping history, divided into three (3) tracts. Each field can be identified by field number which corresponds to the listing in the bid form. Bidders have the option of bidding on any or all tracts. The field numbers are assigned by the supervising area biologist. The County FSA tract and field numbers are also listed, for FSA records use. The bid forms reflect a five (5) year crop rotation for each field. Bids should indicate the annual per acre cost rental that the bidder is willing to pay for the row crop acreage during the contract period for each tract. Rental payments will be based on the amount of acreage planted in that cropping year. The lessee(s) is not expected to pay rental on acreage that is left fallow or planted in food plots as designated by KY Dept. of Fish and Wildlife Resources during each cropping year. At the end of each cropping year, KDFWR staff will use GPS equipment to confirm the amount of acreage planted in each field during that year. In the event of crop failure because of natural events (flooding, hail, etc.), the lessee(s) will still be expected to pay rent on the acreage planted. Financial losses accrued as a result of crop losses due to natural events should be handled through the lessee’s insurance provider(s).

The cash rental is in addition to leaving an assigned percentage of the crop in the field for wildlife and delivery of wheat seed, and for road maintenance concessions. The percentage of crop left in the field for each tract is listed in the bid forms, and is dependent upon the wildlife management plan of the WMA (see bid forms for details). The share of crop left in the field shall become the property of the Kentucky Department of Fish and Wildlife Resource/Kentucky Division of Forestry and may not be altered until after March 15th and with approval from the KY Department of Fish and Wildlife Resources, Supervising Biologist. Additionally, prior to harvest in each cropping year, the lessee(s) shall contact KDFWR personnel to determine the location of where crops are to be left standing in each field. The pattern in which crops are to be left standing is often extremely important for the overall management plan on the WMA/SF, and is often the sole reason for having row-crop production in the field. Therefore, failure to contact KDFWR personnel prior to harvest concerning where crops are to be left standing will result in a penalty of $750, payable at the end of the cropping season when cash rental payments are due. Several fields and portions of fields on the property have been retired as part of habitat management programs. Additionally, during certain cropping years, portions of fields may be left out of row-crop production to improve wildlife habitat or public hunting opportunities on the WMA/SF. Lessee(s) will be notified of these areas prior to each cropping year by the Supervising Biologist or designated KDFWR staff. Tenants shall not disturb, mow, crop, apply herbicides to, or otherwise alter any non-crop areas without approval of the supervising biologist. Damage to non-crop areas as a result of farming activities conducted by the lessee(s) will result in a financial penalty at the end of each cropping year. The penalty for damage to non-crop acres will be $250/acre, and will be paid at the end of the cropping year at the same time annual cash rental payments are due. The acreage of non-crop damage will be calculated by KDFWR staff under the direction of the Supervising Biologist using GPS equipment, and descriptions of the damages will be thoroughly documented in writing and with photographs. KDFWR realizes that accidents and minor mistakes do occur, therefore, the penalty for damage to non-crop areas applies only for those instances where blatant negligence has occurred, as determined by the Supervising Biologist. See the WMA Land Use Conditions and Contract Annex for further details. The Department of Fish and Wildlife will have the right to withdraw acreage from the annual leases at its discretion for the purposes of soil and water conservation and/or wildlife habitat management practices at any time during the length of the contract.

Structures in Farming Tract: Grain Bin located within the Crittenden North Tract will be awarded to the successful bidder of that management unit. The lessee is not required to use the structure. There will be an additional cost of $500 per crop year to lease the structure, payable at the end of each the cropping season when cash rental payments are due. The lessee must maintain the structure and all electrical equipment and fan and is responsible for any maintenance required to operate the bin. The lessee is responsible for providing any equipment needed to load and unload grain such as augers or grain vacuum. None will be provided. KDFWR will not be responsible for any maintenance costs associated with the grain bin.

Soil Testing/Fertilization/Lime The Lessee will be required the first year of the contract to perform soil tests on fields they utilize and provide copies of the test and proof of fertilizer application. For consistency, the University of Kentucky's Extension offices in each county should be used for the soil test services. All test results and field locations shall be kept on file at the appropriate local office location for each property involved. The Lessee shall comply with soil test recommendations for lime using at a minimum 2 tons/acre or the recommended rate.

Chicken litter is not allowed.

Maps, History and Site Visit: Maps showing the property to be leased are included in this document. Available maps include an overview of each tract for lease showing individual field numbers and their corresponding acreage. It is expected that the row crop rotation be maintained with approximately 50% yellow corn and 50% soybeans for the term of this contract. Bidders are urged and expected to inspect the property to be leased and to satisfy themselves as to all general and local conditions that may affect the cost of compliance with the lease, to the extent such information is reasonably obtainable. In no event will failure to inspect the site constitute grounds for a claim after award of the lease.

Bidders are encouraged to discuss the property to be bid with Thomas Young, Supervising Wildlife Biologist, PH (270) 827-2673, or John Zimmer, Big Rivers Game Management Foremen, PH 270-577-6374 during regular business hours.

Bid Forms: Bid forms are available at the Big Rivers WMA office, 7619 State Route 365, Sturgis, KY 42459, or the Sloughs WMA office, 9956 Highway 268, Corydon, KY 42406.

You may also contact Thomas Young (270) 827-2673 or thomas.youg@ky.gov, or John Zimmer, 270-577-6374 or john.zimmer@ky.gov, to request a bid package. The area is divided in to three (3) tracts. Bidders have the option of bidding on any or all tracts. Bid forms list all fields by KDFWR Tract and Field Number and FSA tract and field number. These numbers correspond to the field numbers shown on the maps. The bid form includes a rotation plan for each field. Deviation from the rotation plan is not permitted without prior approval from the Supervisory Biologist. As designated on the bid form, in certain years in which soybeans are to be planted, water will be held longer in a specified field(s) to provide habitat for migrating waterfowl, shorebirds, and marshbirds during the spring.

Because water will be held longer and drawn off more slowly in those years, the lessee(s) should expect a reduction in tillable acres within that field(s) during those years in which soybeans are to be planted. Lessee(s) will only be required to pay rent on the amount of acreage planted. Each year, the Department may plant a food plot in a portion of a field(s) to provide public dove hunting opportunity. The lessee(s) will be provided with a map of the proposed dove hunting food plot location and acreage for each year prior to planting season. Lessee(s) shall not mow, disturb, apply herbicides to, or otherwise disturb food plots established by the Department. The Supervisory Biologist reserves the right to change the location/acreage of food plots during any given year; however, the lessee(s) will be notified of any changes prior to planting season of each year. The Department reserves the right to apply cover crops at its expense, and in any row crop field following harvest. The operator will destroy that cover crop to plant the next crop(s). The tenant(s) is allowed and encouraged to implement cover crops on any field(s) of their choosing, as long as it does not interfere with the crop rotation plan, and the tenant gains approval from the supervising biologist on the proposed cover crop management practices. In certain specified fields on the Crittenden-South Tract, the tenant is required to plant winter wheat or a cover crop but will have the option of either one. The tenant has the option of planting soybeans following wheat harvest at no additional rental cost. If the operator chooses not to double-crop soybeans following winter wheat harvest, the field will be left fallow until the following crop year. If the operator chooses to plant a cover crop in place of wheat, the lessee will destroy that cover crop prior to planting the following Spring.

mailto:thomas.youg@ky.gov mailto:john.zimmer@ky.gov

Bids: Bidders are bidding on all of the row crop acreage within each tract. Bidders should submit their bids on the enclosed Bid Form and these should be completely filled out, signed, and submitted in the enclosed bid envelope, with 1 (one) deposit check of $100.00, (see example page). Bidders should indicate the amount they will pay as rental per acre for each acre of row crop on each tract. All bidders will be notified by mail of the results. The Commonwealth of Kentucky reserves the unqualified right to reject any/all bids. For further information contact, Thomas Young, Supervising Wildlife Biologist, PH 270-827-2673, John Zimmer, Big Rivers WMA Foreman, PH 270-374,3025; Scott Harp, Regional Coordinator (270) 273-3569, or Wendell Harris, Property Analyst, Division of Real Properties, 403 Wapping St, 3rd Floor, Frankfort, KY 40601, PH (502) 203-5051.

In the absence of any written bids for any part of the WMA-SF properties, the Department of Fish and Wildlife Resources, Regional Coordinator reserves the right to negotiate any contract necessary with a cooperator of its choosing to reach its desired habitat management objectives.

Bid Revisions/Adjustments: Rental rates in response to this invitation shall remain firm for the entire 5 years of the resulting lease. If a bidder withdraws from a tract; the next highest bidder will be contacted to assume the remaining terms(s) of the lease. However, the Department reserves the right to withdraw field(s) or parts of any field(s) from agricultural leases in subsequent contract years for wildlife habitat management purposes.

Access: Because of water level fluctuations of the Tradewater and Ohio Rivers as well as limited interior access roads; the department cannot guarantee access to all crop fields. It shall be the responsibility of the bidders to determine the conditions of access to the fields they bid on. It is suggested that potential bidders contact Thomas Young at phone (270) 827-2673 or John Zimmer at phone (270) 374-3025, to arrange for inspection of the properties where access is questionable.

Road Maintenance: As part of road maintenance due to farming activities, the successful bidder(s) for each row crop tract will be required to provide $1,000 worth of rock per year (1 delivery for Tract: Union, 1 delivery for Tract: Crittenden-North, and 1 delivery for Tract: Crittenden-South). Rock size and delivery location will be specified by the managing KDFWR staff.

Winter Wheat Seed Delivery: The successful bidder(s) for the Crittenden-North and Crittenden-South tracts will be required to provide 125 bushels of wheat seed per year (125 bushels for Tract: Crittenden-North and 125 bushels for Tract: Crittenden-South). Wheat seed will be delivered to the Big Rivers WMA or the Sloughs WMA grain bin prior to August 1st.

Term of Lease: The successful bidder(s) will be required to enter into a lease contract with the Department of Fish and Wildlife Resources for a term of one year that may be renewed for up to 4 successive yearly renewals for a total of 5 years. Renewals will take place between February 1-15 of each year. The lease will be for a crop year (March 15-October

25) unless special circumstances warrant otherwise.

Payment of Rental: The successful bidder will enter into a lease contract with the Department of Fish and Wildlife Resources on an annual basis (renewable for 4 additional years for a total of 4 years.). A payment of 10% as a spring deposit, and a security bond for the balance of the estimated 90% or 100% due on acceptance of the annual agreement in February of each contract year is required. The lease agreement will provide for an adjusted final payment of the balance of the contract due on or before December 1st of each contract year. Security bond should be dated to expire December 31st of that cropping year.

Final payment will be calculated on a price bid per acre of crop planted format.

Acreage planted for each field must be reported by the tenant each year, and will be verified by KDFWR staff using GPS equipment. *A security bond in the amount of the estimated total crop year payment will be provided by the tenant upon acceptance of each year’s annual crop contract or

100% payment upfront at the time of contract signing, based on calculated acreage estimate. Tenant will be refunded any monies owned in the event that the amount of acreage planted is less than what was estimated during the spring.

A THREE PERCENT (3%) LATE CHARGE WILL APPLY IF THE BALANCE IS NOT

RECEIVED BY THE November 15th DEADLINE.

Liability: The successful bidder agrees to indemnify and hold harmless the Commonwealth from any and all claims, demands, damages, actions, cost’s including attorney’s fees, and charges for which the Commonwealth may be subject, or for which the Commonwealth or the successful bidders, may be required to pay by reason of injury to any person or property loss arises directly from the negligence of the Commonwealth, or any of its officers, agents or employees, while acting within the scope of their employment. The successful bidder shall, at their own expense, assume defense of such claims and actions for damages or judgments arising directly from the negligence of the Commonwealth, any of its departments or agencies, or any of its officers, agents, or employee’s while acting within the scope of their employment.

Termination for Default:

a) If at any time during the period in which the lease agreement is in effect, the successful bidder, in the opinion of the Commonwealth, defaults on any obligation incurred hereunder, including but not limited to the obligation to pay rent, as provided in the resulting agreements, then the agreements shall be subject to termination by the Commonwealth, with no right of recourse remaining in the successful bidders. All rights and benefits herein conferred shall be deemed forfeited, and the successful bidder covenant that they shall quietly surrender possession of the demised premises to the Commonwealth, provided however, that before any termination shall occur under this section, the successful bidder shall be given written notice and be allowed thirty days from the date of receipt of such notice in which to cure such default or noncompliance. If said default or noncompliance is cured within the above time period, then the lease agreement shall remain in full force and effect.

b) The procedure for termination of the lease agreements under this section shall be as follows:

1. The Commonwealth shall deliver, by certified mail, to the successful bidders a “Notice of Termination:” which shall specify (a) the nature of termination; (b) the extent to which use under the lease agreements are to be terminated; and (c) the date upon which termination becomes effective.

2. The successful bidders shall stop use; under the lease agreement on the date indicated and to the extent specified in said “Notice of Termination), unless the default on noncompliance is cured within the time period stated in the notice.

c) In the event of termination for default, the successful bidder shall be responsible for repaying to the Commonwealth any and all monetary sums due the Commonwealth under the lease agreements, up to and including the effective date of termination.

d) The rights and remedies for the Commonwealth provided in the agreements shall not be exclusive, and are in addition to any other rights and remedies provide by law or in equity.

Cancellation Clause: Either party may cancel the resulting lease for no cause by giving written notice to the other party, specifying the date of cancellation, with such notice to be given not less than thirty (30) days prior to the date of such cancellation. Time to be computed from date of mailing notice. Upon said cancellation, successful bidders shall quit the premises and leave it in as good order as received, ordinary wear and tear, and natural decay excepted. Any cancellation of this Agreement, however caused, shall be entirely without prejudice to the rights of the Commonwealth then accrued hereunder. The Department may cancel any or all of the cropping contract without reservation; so as to be able to install its desired wildlife habitat projects on the property.

NOTE: FOR FURTHER INFORMATION PLEASE CONTACT: For further information contact, Thomas Young, Supervising Wildlife Biologist, PH 270-827-2673, or John Zimmer, Big Rivers WMA Foreman, PH 270-374-3025; Monday-Friday, 8 am – 4 pm central time.

FORM OF PROPOSAL (SEALED BID)

TO: Finance and Administration Cabinet INVITATION NO: 09022021 Dept for Facilities and Support Services BID OPENING: Thursday, Sept. 2, 2021 Division of Real Properties Office AT: 3 P.M. EST Bush Building, 403 Wapping St, 3rd FL, Frankfort, KY 40601-2607

AUTHENTICATION OF BID AND AFFIDAVIT OF

NON-COLLUSION AND NON-CONFLICT OF INTEREST

I hereby swear (or affirm) under the penalty for false swearing as provided by KRS 523.040:

1. That I am the Bidder (if the Bidder is an individual), a partner (if the Bidder is a partnership) or an officer or employee of the bidding corporation having authority to sign on its behalf (if the Bidder is a corporation);

2. That the attached bid or bids covering Kentucky Division of Real Properties Invitation No. 09022021 have been arrived at by the bidder independently and have been submitted with, and without any agreement understanding or planned common course of action with any other lease of materials, supplies, equipment or services described in the Invitation to Bid, designed to limit independent bidding or competition;

3. That the contents of the bid or bids have not been communicated by the Bidder of its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids and will not be communicated to any such person prior to the official opening of the bid or bids;

4. That the Bidder is legally entitled to enter into contracts with Commonwealth of

Kentucky and is not in violation of any conflict of interest statute, including the provisions of KRS 45A.330 to 45A.34, 45A.990, 45A.64.390 or KRS11A.040 or the Executive Branch Code of Ethics; and,

5. That I have fully informed myself regarding the accuracy of the statements made above.

ANNUAL AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS

Affidavit Effective Date:

Affidavit Expiration Date:

Maximum Length One-Year

REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS PAGE 1 OF 2

FOR BIDS AND CONTRACTS IN GENERAL:

I. Each bidder or offeror swears and affirms under penalty of perjury, that to the best of their knowledge:

a. In accordance with KRS 45A.110 and KRS 45A.115, neither the bidder or offeror as defined in KRS 45A.070(6), nor the entity which he/she represents, has knowingly violated any provisions of the campaign finance laws of the Commonwealth of Kentucky; and the award of a contract to the bidder or offeror or the entity which he/she represents will not violate any provisions of the campaign finance laws of the Commonwealth.

b. The bidder or offeror swears and affirms under penalty of perjury that, to the extent required by Kentucky law, the entity bidding, and all subcontractors therein, are aware of the requirements and penalties outlined in KRS 45A.485; have properly disclosed all information required by this statute; and will continue to comply with such requirements for the duration of any contract awarded.

c. The bidder or offeror swears and affirms under penalty of perjury that, to the extent required by Kentucky law, the entity bidding, and its affiliates, are duly registered with the Kentucky Department of Revenue to collect and remit the sales and use tax imposed by KRS Chapter 139, and will remain registered for the duration of any contract awarded.

d. The bidder or offeror swears and affirms under penalty of perjury that the entity bidding is not delinquent on any state taxes or fees owed to the Commonwealth of Kentucky and will remain in good standing for the duration of any contract awarded.

e. The bidder or offeror swears and affirms under penalty of perjury that the entity bidding, is not currently engaged in, and will not for the duration of the contract engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade, as defined in KRS 45A.607.

f. The bidder or offeror swears and affirms that the entity bidding, and all subcontractors therein, have not violated any of the prohibitions set forth in KRS 11A.236 during the previous ten (10) years, and further pledge to abide by the restrictions set forth in such statute for the duration of the contract awarded.

FOR “NON-BID” CONTRACTS (I.E. SOLE-SOURCE; NOT-PRACTICAL OR

FEASIBLE TO BID; OR EMERGENCY CONTRACTS, ETC):

II. Each contractor further swears and affirms under penalty of perjury, that to the best of their knowledge:

a. In accordance with KRS 121.056, and if this is a non-bid contract, neither the contractor, nor any member of his/her immediate family having an interest of 10% or more in any business entity involved in the performance of any contract awarded, have contributed more than the amount specified in KRS 121.150 to the campaign of the gubernatorial slate elected in the election last preceding the date of contract award.

http://www.lrc.state.ky.us/KRS/045A00/110.PDF http://www.lrc.state.ky.us/KRS/045A00/115.PDF http://www.lrc.state.ky.us/KRS/045A00/070.PDF http://www.lrc.state.ky.us/KRS/045A00/070.PDF http://www.lrc.state.ky.us/KRS/045A00/070.PDF http://www.lrc.state.ky.us/KRS/045A00/485.PDF http://www.lrc.ky.gov/KRS/139-00/CHAPTER.HTM http://www.lrc.ky.gov/KRS/121-00/056.PDF http://www.lrc.ky.gov/KRS/121-00/150.PDF

ANNUAL AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORSREQUIRED

AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS PAGE 2 OF 2

a. In accordance with KRS 121.330(1) and (2), and if this is a non-bid contract, neither the contractor, nor officers or employees of the contractor or any entity affiliated with the contractor, nor the spouses of officers or employees of the contractor or any entity affiliated with the contractor, have knowingly contributed more than $5,000 in aggregate to the campaign of a candidate elected in the election last preceding the date of contract award that has jurisdiction over this contract award.

b. In accordance with KRS 121.330(3) and (4), and if this is a non-bid contract, to the best of his/her knowledge, neither the contractor, nor any member of his/her immediate family, his/her employer, or his/her employees, or any entity affiliated with any of these entities or individuals, have directly solicited contributions in excess of $30,000 in the aggregate for the campaign of a candidate elected in the election last preceding the date of contract award that has jurisdiction over this contract.

As a duly authorized representative for the bidder, offeror, or contractor, I have fully informed myself regarding the accuracy of all statements made in this affidavit, and acknowledge that the Commonwealth is reasonably relying upon these statements, in making a decision for contract award and any failure to accurately disclose such information may result in contract termination, repayment of funds and other available remedies under law.

Signature Printed Name

Title Date

Company Name

Address

Phone/Email

Subscribed and sworn to before me by (Affiant) (Title) of this _____day of ____________,20___.

(Company Name)

Notary Public [seal of notary] My commission expires:

http://www.lrc.ky.gov/KRS/121-00/330.PDF http://www.lrc.ky.gov/KRS/121-00/330.PDF