Bid Package - Green River WMA - 2025 and 2026 Lease Term - 2024.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 624.7 ACRES OF AGRICULTURE LAND

GREEN RIVER LAKE WILDLIFE MANAGEMENT AREA

TAYLOR AND ADAIR COUNTIES, KENTUCKY

Invitation No: 01152025

Bid Opens: Wednesday, January 15, 2025, at 3 p.m. EST.

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) Bid form or further information may be obtained Monday-Friday, 8:00 a.m.-4:30 p.m. EST, by contacting Wendell Harris, Division of Real Properties, at (502) 782-0360 or email:

wendell.harris@ky.gov, State Properties Branch, Division of Real Properties, Bush Building, 403 Wapping Street, Frankfort, Kentucky 40601-2607, or Cody Stephens, Public Lands

Biologist, 1100 County Park Road, Campbellsville, KY 42718, PH: (270) 465-5039, email:

cody.stephens@ky.gov.

(4) Anyone interested in this bid opening may participate in a conference call at the date and time listed above by dialing (502) 782-2663, then entering the ID code 240522021 and lastly the participation code 77330.

mailto:wendell.harris@ky.gov mailto:cody.stephens@ky.gov

INVITATION TO BID

AGRICULTURAL LAND

GREEN RIVER LAKE WILDLIFE MANAGEMENT AREA

TAYLOR AND ADAIR COUNTIES

2025 & 2026 Crop Years

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 approximately 624.7 acres of agricultural land at the

Green River Lake Wildlife Management Area (WMA) located in Taylor and Adair Counties, Kentucky. The land is to be utilized for the productions of small grains or soybeans, as indicated in the enclosed bid forms.

Sealed bids, subject to the conditions contained herein, will be opened at the Division of Real

Properties, Bush Building, 3rd floor, 403 Wapping Street, Frankfort, Kentucky, 40601, on

Wednesday, January 15, 2025, at 3 p.m., ET.

Property To Be Leased: The land to be leased is licensed to the Department of Fish and Wildlife

Resources by the U.S. Corps of Engineers and is utilized for the purpose of implementing, operating and managing a fish and wildlife program in accordance with an approved wildlife management plan. It consists of 624.7 acres divided into five Management Units as follows: (1) Casey Creek

Unit – 181.0 acres, (2) Goose Shoals Unit – 88.9 acres, (3) Little Cake Unit – 69.7 acres, (4)

Robinson Creek Upper Unit – 97.0 acres, (5) Upper Green River Unit – 188.1 acres.

Maps attached to this Bid Invitation show the fields to be cropped in each unit outlined in bold and the acreage of each field, which correspond to the listing in the enclosed bid form. A crop rotation will be negotiated with successful bidders before the first planting season. The same crop can not be planted in a particular field for more than 1 consecutive years unless special circumstances arise and approved by Public Lands Biologist.

It will be the responsibility of each Bidder to examine the areas upon which cropping operations will take place and make their own determination for the logistics of cropping the fields. KDFWR must approve all ingress and egress routes to the fields prior to the commencement of cropping activities.

Purpose of Leasing: The property will be leased for agricultural purposes primarily to ensure a permanent and continued supply of wildlife for furnishing sports and recreation for present and future residents of this state.

Lease Terms: In addition to the terms and conditions of this contract, the successful bidders agree to abide by the terms and conditions of the license on this property between the Department of Fish and Wildlife Resources and the U.S. Army Corps of Engineers.

Maps and Site Visit: Maps showing the property to be leased are included in this bid package.

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 leases, to the extent such information is reasonably obtainable. In no event will failure to inspect the site constitute ground for a claim after award of the leases. Contact Cody Stephens, Public Lands Biologist to arrange a site visit if desired at (270) 465-5039.

Bid Forms: Bid forms are available at the Green River WMA office by calling the Area Manager at

(502) 465-5039 or the Division of Real Properties in Frankfort, Kentucky by emailing wendell.harris@ky.gov or call at (502) 782-0360. Bid forms list acreage of crop fields by management units and correspond to the acreages listed on maps available for inspection at the

Green River WMA office on County Park Road in Campbellsville, Kentucky.

Bids: Bidders are bidding on all fields in a management unit and may bid on as many management units as they desire. Bidders should submit their bids on the enclosed forms which should be completely filled out and signed, along with the required affidavit and a $100 good faith deposit, and submitted in the enclosed bid envelope. Bidders should indicate the annual cash rental on a per acre basis the Bidder is willing to pay for each unit. The Commonwealth of Kentucky policy prohibits acceptance of bids from state employees. NO BIDS WILL BE ACCEPTED BELOW THE

MINIMUM PER ACRE PRICE AS SHOWN ON THE BID FORM. Rental rates quoted in response to this Invitation to Bid shall remain firm for the term of the resulting leases. All bidders shall be notified by mail of the results. The Commonwealth of Kentucky reserves the unqualified right to reject any and/or all bids.

The Department of Fish and Wildlife Resources requires that ten percent (10%) of all crops will be left standing in each designated management unit as a food source for wildlife. The cash rental is in addition to leaving an assigned percentage of corn crop in the field for wildlife. The share of the crop left in the field shall become the property of KDFWR and may not be alter until after March

15th and with approval from the KDFWR Supervising Biologist. Additionally, prior to harvest, in each cropping year, the Bidder(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 important for the overall management plan on the WMA 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 assessed (number of acres x

$5/bushel x 150 bushels/acre), payable at the end of the cropping season when cash rental payments are due. All crops must be harvested on or before October 31st each contract year.

The Department of Fish & 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.

The successful bidder may be eligible for the ARC/PLC program thru the FSA office.

Access: Because of water level fluctuations of the Green River and limited access roads, the

Department cannot guarantee access to all leased fields. It shall be the responsibility of the bidders to determine the conditions of access to the fields that s/he bids on.

Term of Lease: The successful bidders shall be required to enter into a lease contract with the

Department of Fish and Wildlife Resources for a term of one year, to be renewed for one successive one-year period (for a total of two years). Each lease will be for a calendar year (January 1 -mailto:wendell.harris@ky.gov

December 31) unless special circumstances warrant otherwise.

Payment of Rental: The successful bidders shall enter lease contracts with the Department of Fish and Wildlife Resources on an annual basis (annually renewable for maximum two years). A deposit payment of 10% must accompany the signed lease agreement by May 15 or prior to beginning any cropping activities and the balance is due on or before December 15 of same year. Money orders, cashier’s checks, certified checks are to be made payable to the Department of Fish and Wildlife

Resources. The lease agreements shall provide for a final payment of the balance of each contract due December 15 of each contract year. A THREE PERCENT (3%) LATE CHARGE WILL

APPLY IF BALANCE IS NOT RECEIVED BY DECEMBER 15. Final payments will be calculated on a price bid per acre contracted format.

Liability: The successful bidders agree to indemnify and hold harmless the Commonwealth from any and all claims, demands, damages, actions, costs, 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 or loss of life or property resulting from or in any way connected to the character, condition or use of the leased premises or any means of ingress thereto, or egress therefrom unless such injury or 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 employees while acting within the scope of their employment.

Termination for Default:

(a) If at any time during the period in which the lease agreements are in effect, the successful bidders, 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 therein conferred shall be deemed forfeited, and the successful bidders 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 bidders 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 agreements 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 the 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 bidders 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 provided 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 bidder shall quit the premises and return them is a 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.

Method of Award: A lease will be awarded for each management unit at the wildlife management area on a highest bid amount to that responsible, responsive bidder whose offer conforming to this

Invitation to Bid will be most advantageous to the Commonwealth. The Commonwealth of

Kentucky reserves the right to reject any and all bids and to waive technicalities. A bidder’s past performance under lease shall be a consideration and may be a factor in the award of a lease.

Adding Terms and Conditions: Additional terms and conditions that come within the scope of the resultant leases and found to be needed may be added to each lease if mutually agreeable to both the successful bidder and the Department of Fish and Wildlife Resources.

Good Faith Deposit: A good faith deposit must be submitted with each bid in an amount equal to ONE HUNDRED DOLLARS ($100.00). The good faith deposit should be made payable to the

Kentucky State Treasurer (cash will not be accepted). All such deposits will be returned on unsuccessful bids. The deposits made with the successful bids will be retained by the agency and later applied to the lease payment.

NOTE: FOR FURTHER INFORMATION AND EXACT LOCATION, PLEASE CONTACT:

Cody Stephens, Green River WMA, 1100 County Park Road, Campbellsville, Kentucky 42718, Phone: (270) 465-5039, Monday - Friday, 8 a.m. - 4:30 p.m. EST.

Terms:

1. The lessee shall assume responsibility for maintenance of all the crop including furnishing all equipment, labor, and supplies, pay all expenses necessary and incidental to compliance with the provisions and conditions set forth herein unless otherwise specified in the contract. No part of any lease unit may be placed in any federal land retirement program.

2. The lessee may not sublease any part of the lease unit to a second party.

3. The lessee will leave an assigned amount of the crop standing in a pattern to be determined by the area manager. The manager will be consulted prior to harvesting activities, to determine the desired pattern.

4. The lessee is required to utilize good agricultural practices in accordance with the requirements of crop planted so as to avoid undue erosion or damage to existing wildlife or habitat. Conventional tillage is an acceptable practice; but reduced tillage, low-till and no-till are preferred methods.

5. The lessee will be responsible to maintain records of the acreage planted, and to report same to the Adair County Farm Service Agency office.

6. The lessee assumes all risk and/or damage by reason of flooding or other natural disaster. After the crop is planted, the final lease cost will be computed on a cost per acre planted format. In the event of weather related crop loss and settlement with crop insurance the final payment will be computed on a cost per acre harvest format and the damaged crop shall remain in the field for wildlife.

7. The department may overseed wheat or other cover crops in the fall in selected fields. The

Department will pay this cost. The Lessee will destroy or incorporate the remaining cover crop the next cropping season based on the field rotation plan.

8. The hunting, fishing, trapping and other rights are retained by the Commonwealth which also retains the right of access to the property for the purpose of fish and wildlife management, public hunting and fishing opportunity. Reasonable care will be exercised to prevent damage to the property or crops of the Lessee.

9. The Lessee will provide a written report (forms to be provided) of the following.

A. Acreage planted and reported to the FSA office.

B. Fertilizer and/or lime applied per acre by field number.

C. Herbicide applied by acre by field number.

D. Harvest removed by field numbers (in total bushels).

10. The Lessee will be responsible for damage to state properties and facilities as a result of cropping activity. Should the tenant or his employees damage state owned or installed fixtures restitution will be made during that crop year. Damages may include but are not limited to damage/destruction of public hunting blinds, tree/shrub planting, grass plantings, boundary markers/fencing, building, gates, water control structures/facilities, dikes, dams, levees and vegetation. The local area manager is authorized to establish prices for damage to state properties and facilities.

Should damage occur to the tenant crop as a result of actions by department staff or agents, appropriate adjustments will be made to the final crop payments on an acre damage/estimated production format.

Conditions:

1. Noxious weeds will be controlled as defined by KRS 176.051 by successful bidder at their own expense.

*Thistle; Muss, Scott, Nodding, and Canadian

*Field Bindweed

*Marijuana

*Johnson grass

*Multi flora Rose

2. Noxious weeds will not be controlled in any way that will adversely affect or have any detrimental impact on any wildlife or habitat.

3. Successful bidders shall comply with Conservation Plan on file at the local county Natural

Resource Conservation Service (N.R.C.S.) office and follow recommended land practices.

4. Ten (10) percent of crop must be left standing in designated management unit after harvest.

Supervising Biologist will determine location to be left standing in field prior to harvest date.

5. The successful bidders are required to obtain a soil test every two years; a copy of all tests results and field locations shall be kept on file at the Green River WMA office for each unit involved.

Tenants will be required to perform soil test as required by contract on fields they utilize and provide copies of the test and proof of fertilizer / lime applications.

6. Tenants shall comply with soil test recommendations and fields to be limed at no less than half of the recommended rate with agriculture lime (if pelleted lime is used it must be used every year).

7. For the application of Nitrogen, Phosphorous, and Potassium the following recommendation should be followed as a general rule of thumb by all tenants: If Phosphorous and Potassium levels, according to the soil test, are in the medium to high range it is not necessary to make an application unless a crop response is expected. Applications should be made if range levels fall into the low to medium categories. No less than minimum recommendations should be applied in these instances.

Maximum levels should never be exceeded and are generally not recommended due to their inefficacy.

8. Test results showing the need for trace elements should be treated on an as need basis. Nitrogen applications should be made for the minimum expected yield. High-end recommended and arbitrary applications are not environmentally or economically sound and should not be made.

9. Nitrogen test are recommended when feasible. A general recommendation of 1.5 units of nitrogen per bushel of expected yield can be used. This would be based on the fields past average bushel yield. Nitrogen fixing cover crops are encouraged and recommended to be used when ever possible.

The use of anhydrous ammonia as a nitrogen source is not recommended because of the cumulative damage to soil micro organisms and a general decline to soil tilth.

10. Planned crop rotations will be used in agricultural operations. Continuous grain crop production of the same crop in the same field is not accepted. Multiple consecutive years of same crop is prohibited.

11. No livestock will be permitted. Finding livestock or evidence of their use on leased units shall be sufficient for the issuance of a citation.

12. There will be no application of restricted use pesticides as designated by the United States

Environmental Protection Agency and the U.S. Fish and Wildlife Service.

13. There will be no use of insecticides on Department owned or managed lands.

14. Pesticides are to be used only according to label directions.

15. Only the lowest recommended amount of the chemical that will efficiently and effectively control the weed shall be used.

16. Rotating herbicides will be recommended and used to avoid the development of resistant weeds.

17. Pesticides will not be used within 50 feet of any stream, river, lake, reservoir, wetland or body of water or in accordance with the label directions. Additional special consideration will be given to highly sensitive and/or unique habitats which may be host to special flora and fauna.

18. Tenants will report pesticide use on a yearly basis using forms provided.

19. Any pesticide containers will be disposed of using any available state, county, or local disposal program. In the absence of available programs, the container must be handled and disposed of following all label directions for that specific container. Tenants will be responsible for their containers.

20. All streams, (perennial, intermittent, storm event, etc.) shall be protected by a riparian zone for a minimum of 50 ft., (preferably 100 ft.) on all sides. There shall be no canopy disturbance within the first 50 ft. of this zone.

21. Ponds, lakes, reservoirs, seasonal and permanent wetlands and other aquatic systems shall have at least 50-foot riparian zone on all sides. This zone shall be of undisturbed soil but is subject to rotational mowing or burning.

22. If irrigation facilities are necessary, such facilities shall be provided by and at the expense of the successful bidders.

23. The successful bidders may with verbal permission from area supervisor utilize any existing structures on the leased premises.

24. The successful bidders shall not be permitted to erect temporary or permanent structures of any type on the leased premises.

25. The successful bidders shall be responsible for maintaining their entire leased premises in a clean and sanitary condition throughout their lease term. The successful bidders further agree that upon the expiration or termination of their lease agreement, they will return the leased premises in as good an order as received, ordinary wear and tear, and acts of God excepted.

26. After harvesting crops, no tillage of fields shall be allowed until after March 15 of the following contract year.

27. The Area Manager must be consulted before any portion of the lease contract is altered or any harvest of crop is begun.

28. The successful bidders shall not deny the public access to any portion of the wildlife management area unless it is proven that damage to the crop will result.

29. No fall tillage (plowing or disking) should take place except for establishment of cover crops, permanent grass/hay sowing, erosion control or fescue conversions. Tillage for fall cover crops or fall sown grain crops should be performed no later than November 15th without approval of area manager.

30. Conventional plowing is not recommended in any of the above situations. Chisel plowing is not accepted for fall use.

31. The successful bidder will be responsible for removal of trees and debris in crop fields.

32. The successful bidder will be responsible for maintaining access to leased lands but must consult the Area Manager prior to moving creek gravel across creek crossings. The Department will furnish culverts if necessary.

33. The Department of Fish and Wildlife Resources shall be responsible for ensuring that the above provisions are enforced. Major deviations from these provisions shall not be made without the written approval of the Division of Real Properties and the Department of Fish and Wildlife

Resources. Problems which arise under any aspect of performance shall first be resolved between the successful bidders and the Department of Fish and Wildlife Resources. If such problems and/or disagreements cannot be resolved, they should be referred to the Division of Real Properties for settlement by either party in writing.

34. In addition to the terms and conditions of this contract, the successful bidders agree to abide by the terms and conditions of the license on this property between the Department of Fish and Wildlife

Resources and the U.S. Army Corps of Engineers.

Rev. 9-16-22 Rev. 9-16-22

Required Affidavit for Bidders, Offerors and Contractors

(KRS 45A.110 & 45A.115)

Affidavit Effective for One (1) Year from Date of Execution

Instructions: Pursuant to KRS 45A.110 and 45A.115, a bidder, offeror, or contractor (“Contractor”) is required to submit a Required Affidavit for Bidders, Offerors, and Contractors to be awarded a contract, or for the renewal of a contract. An authorized representative of the contracting party must complete the attestation below, have the attestation notarized, and return the completed affidavit to the Commonwealth.

Attestation

As a duly authorized representative for the Contractor, I swear and affirm under penalty of perjury, that that the Contractor has not knowingly violated campaign finance laws of the Commonwealth of

Kentucky and that the award of a contract will not violate any provision of the campaign finance laws of the Commonwealth. For purposes of this attestation, "Knowingly" means that the bidder or offeror is aware or should have been aware of the existence of a violation. The bidder or offer understands that the Commonwealth retains the right to request an updated affidavit at any time.

Bidder or Offeror Name: __________________________________________________________

Address: __________________________________________________________

Commonwealth of Kentucky Vendor Code (If known): _______________

Subscribed and sworn to before me this _____ day of _______________, ____________.

State of: ___________________ Notary: ___________________________________

County of: _________________ My Commission Expires: _____________________

Signature Printed Name

Title Date https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22348 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22349

2025 & 2026 CROP BID FOR GREEN RIVER LAKE WMA

Management Unit Acres in Unit Bid Price per Acre*

Total Bid for Unit ($)

Casey Creek 181.0

Goose Shoals 88.9

Little Cake 69.7

Robinson Creek Upper 97.0

Upper Green River 188.1

* Minimum bid is $125 / acre

* Ten (10) percent of crop must be left standing within each designated Management Unit after harvest. Supervising Biologist will determine location to be left standing in field prior to harvest date.

Signature: ______________________________

Name: _________________________________

Address: City: __________________________________

Email: _________________________________

Phone: _________________________________

ONLY ONE good faith deposit must be submitted in an amount equal to ONE HUNDRED

DOLLARS ($100.00) as specified on page 4.

Please write ‘NA’ for any management unit which you are not placing a bid on.