Bid Package- Mixed Timber Harvest and Sale-Final Clay Harvest-2026-2.pdf

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

DIVISION OF REAL PROPERTIES

INVITATION FOR BIDS

FOR LICENSE

State-Owned Real Property

Mixed Timber Harvest and Sale

Clay WMA Nicholas County, Kentucky

Invitation to Bid: 10062026 Bid Opens: Tuesday, October 6, 2026 at 3 p.m. ET

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, KY 40601- 2607, no later than the specified “bid opening date and time.

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

3. Bids will be ‘publicly’ read aloud and may access the bid opening through a conference call.

To access the conferencing bridge, Bidders may dial 502-782-CONF (2663). Once called, Bidders will be prompted to enter a code 240522021. Bidders, as “attendees/participants” need to enter the code 77330. Please be mindful that the conference call will not begin until the moderator (Buyer: Wendell Harris) is logged in and the conference call will end once the moderator hangs up.

4. For further information or to obtain a hard copy of the bid package, please contact Wendell

Harris, Division of Real Properties, Bush Building, 3rd Floor, 403 Wapping Street, Frankfort, KY 40601-2607 Phone: 502-782-0360 or email: wendell.harris@ky.gov.

mailto:wendell.harris@ky.gov

GENERAL TERMS AND CONDITIONS

INVITATION TO BID

SALE OF TIMBER

CLAY WILDLIFE MANAGEMENT AREA

NICHOLAS COUNTY, KENTUCKY

GENERAL TERMS AND CONDITIONS

Scope of Project At the request of the Kentucky Department of Fish and Wildlife Resource, hereinafter referred to as the “KDFWR”, the Division of Real Properties issues this Invitation for Bids to harvest a tract of timber adding up to approximately 120.6 acres of the Clay Wildlife Management Area, hereinafter referred to as “Clay WMA”. The areas of interest and inventory data will be provided.

The successful bidder shall have 2 years from the date of execution of the resulting license agreement to remove the subject timber from the units, as well as completing all requirements described in this contract. Persons interested in responding to this Invitation to Bid must submit the enclosed sealed bid form of proposal. All bids should be submitted on or before Tuesday, October 6, 2026, at 3 p.m. ET. This Invitation to Bid and the bidder’s response, when accepted by KDFWR, will govern any license agreement issued, as a result of this Invitation to Bid. The license agreement shall commence on the date executed by the Secretary of the Finance and Administration Cabinet.

TERMS AND CONDITIONS

The harvesting of timber, as specified in this bid package, shall be in accordance with all terms and provisions specified herein. The timber sale areas are within the Clay WMA property located in Nicholas County, Kentucky. The timber sale boundary areas contain approximately 120.6 acres, and 178.7 MBF of sawtimber. Due to United States Fish and Wildlife Service (USFWS) regulations, the cutting of timber/trees is only permitted from October 16 - March 31. The winning bidder will also not be allowed to work on specific weekends, two weekends in September, and one weekend in November. Exact dates of those weekends will be made clear once the contract has been awarded. The winning bidder can remove cut timber or dress and seed areas within the cutting boundary after March 31, but NO trees are to be cut or damaged under penalty of Federal Law. Boundaries and all trees to be cut have been marked by KDFWR prior to this announcement.

The timber sale unit boundaries will be definitively designated by vertical blue slashes visible from inside the unit, trees to be harvested will be dotted with blue paint on the up and down hill side of the tree. All boundaries and residual trees are to be left standing and unharmed. Plans and strategies for removing timber on this project will require approval by KDFWR. It is expected that equipment will be cleaned to prevent the spread of exotic/invasive species on property owned by KDFWR.

It will be the bidder’s responsibility to address issues on the WMA roads prior to use. This could include rock, dirt work, or drainage that might be needed to facilitate the harvest and extraction of timber. At the completion of the harvest, the successful bidder will be required to bring pre-existing WMA roads used during the harvest back to pre-harvest condition. This could include adding rock, grading, cleaning ditches, and replacing culverts if necessary (18-24”) on all pre-existing WMA roads that were used during the harvest.

To offset the final bid amount, the winning bidder can spend the following amounts to benefit the KDFWR in the Northeast Region

Wildlife and Forestry Equipment (Mandatory)

$46,356.34 is to be spent on equipment used to enhance wildlife habitat and forestry practices in the region. Specifications will be provided to the winning bidder to make the purchase.

Wildlife Habitat Improvement

Up to $16,700 can be credited to the winning bidder for the creation of woodland habitat. Three areas have been designated (WC East 4.6 acres, WC Central 9 acres, and WC West 4.1 acres). In these units all leave trees are marked with a blue ring, while all other stems are to be cut, with a stump no taller than 6”. Any un-marked stems within these areas can be harvested commercially or left lying. The rate for woodland creation is $1,000/acre credit.

Remaining Bid

The remaining bid will be accepted lump sum, with payment received before any logging operations begin.

Wildlife and Forestry equipment must be purchased ($46,356.34) before any timber is cut, while Wildlife habitat improvement acres must be completed before the contract expires, during cutting windows.

KDFWR reserves the right to pause logging operations to address drainage and sediment issues that may arise.

The Commonwealth of Kentucky will receive a lump sum payment as described above, for all timber products from the awarded bidder, less credits and mandatory purchases described above.

The purchaser shall make bond or deposit with the State by check or cash within 5 days of the signing of this contract for the sum of $5,000 to be held in escrow against the full compliance by the purchaser of the conditions and requirements of this contract. A total bond payment of $10,000 and the lump sum purchase for all timber products is to be paid in full to the Commonwealth of Kentucky before any activity begins. The $10,000 bond or deposit will be forfeited to the state if the purchaser fails to fulfill all the conditions and requirements of the contract. If the logger is found to be falsifying tally sheets, cutting timber outside the harvest units, or neglecting Best Management Practices, then the logger forfeits their performance bond and any timber remaining to be harvested. If the fore mentioned conditions occur the logger will vacate the premises and all remaining timber immediately. Upon satisfactory completion to the state of this contract, the bond will be released back to the purchaser.

All improvements to the Clay WMA shall be removed prior to the expiration of the license or extensions thereof. Any improvements remaining on the premises shall become the property of KDFWR without recourse by the bidder, unless written authorization is issued by KDFWR.

It will be the responsibility of each bidder to examine and survey the areas on which logging operations will take place to make their own determination as to the logistics of removing timber from the above-described tract(s). KDFWR must approve all ingress and egress routes to the tracts, skid trail locations prior to the commencement of logging activities, and it will be the responsibility of the bidder to build and maintain suitable skid trails to carry out the logging operation. No skid trails are to be built on ground with less than 15% slope, unless they are pre-existing. KDFWR has inventoried the tracts and our estimations are provided. It is the bidder’s responsibility to determine their own timber assessment.

No un-marked trees may be harvested or purposely damaged during timber operation. Accidental damage to mature hardwood trees must be minimized. Some damage to residual non-pulpwood or leave trees will occur, however damage must be minimized and damage will be assessed for each unit. Provisions for excessive damage will be as follows: for non-harvested trees greater than 6 inches in diameter at breast height, if damage exceeds 10%, a compensation of $100 (one hundred dollars) per damaged tree above the 10% threshold will be assessed. Damage is defined as knockdown; topping or main stem breakage; over one-third of the main crown removed;

stripping or removing bark on the butt log due to skidding; felling or other harvesting operations that expose over 100 square inches of wood; or trees that are bent over 20 degrees from normal.

Minor damage (damage under the specifications listed above) will not be assessed. Special consideration will be provided to account for weather or storm conditions that may occur during or directly before the harvest that might render a higher degree of harvest damage to the residual stand than would normally occur.

All telephone lines, ditches, bridges, roads, pipelines and fences located within or immediately outside the boundaries of the sale areas shall be protected by the bidder during cutting and logging operations. The bidder is required to notify the KDFWR if damage occurs and the bidder is responsible for repairs as soon as possible under the supervision of KDFWR. The bidder will be permitted to erect improvements to carry out the logging operation of this agreement, with all improvements being approved by KDFWR.

All roads and trails shall, at all times, be kept free of logs, brush, and debris resulting from the cutting and logging operations under this license. The bidder is responsible for maintaining public roads and rights-of-way free of soil and logging debris. Practices must be undertaken to restrict the deposition of soil onto public roads. The bidder is also responsible for timely clearing of soil deposited onto public roads. If the bidder fails to keep them clear, then KDFWR will clear them and the bidder shall reimburse KDFWR for the cost.

The bidder assumes his/her full share of the maintenance of any established public and non-public roads and bridges that he/she may use in conducting the operations of cutting and logging the timber under this license. The bidder agrees to maintain during operations said roads and bridges in as good a condition as prior to the beginning of operations. WMA roads that are open to public vehicular traffic must remain open to the public and of acceptable quality for passenger vehicles.

Any paved roads used by the contractor must be returned to a condition as good as their condition prior to the beginning of the logging operations at the sole expense of the bidder.

Issues that may arise regarding damage to county-owned and –maintained roads by the contractors’ equipment and hauling trucks will be the responsibility of the contractor and will not be the responsibility of KDFWR.

The bidder must use all appropriate Best Management Practices for water quality protection as specified by the Kentucky Forest Conservation Act. The KDFWR must approve all stream and channel crossing locations. Improved stream and channel crossings must be used where appropriate and approved by KDFWR prior to installation. All active skid trails will have temporary water control structures installed daily between December-March. Retirement of landings, haul roads, and skid trails shall be completed in accordance with the appropriate Best Management Practices (BMPs) referenced above including: the elimination of berms, removal of ruts, and other practices needed to resurface roads, trails, and landings; installation of permanent water control structures; preparation of seedbed; application of seed (seed mixes must be approved by KDFWR); and application of lime and fertilizer as indicated by soil testing and/or direction from KDFWR. Once landings, haul roads and skid trails have been retired they are to be seeded with the seed mixtures mentioned below. Purchase and application of seed is the responsibility of the winning bidder, any deviation to the seed mixture must be approved by KDFWR. Seed mixes are as follows, for anything below 10% slope- 4# ladino white clover, 4# white clover and 50# wheat. These rates are per acre and should be mixed together and sown. For anything 10% slope and over 8# white clover and 100#wheat per acre.

The bidder agrees not to pollute any streams of the sale area, and to keep the streams and water resources free from soil and logging debris and trash generated from logging operations on said area, and will forever protect, indemnify and hold harmless KDFWR from any and all claims, costs, prosecutions, or actions resulting from any violations by him.

(All skid trails are to be water barred and seeded)

(Distances between water bars for retirement of skid trails)

Skid Trail % Slope Spacing (slope distance in Feet) 1 400 2 245 5 125 10 78 15 58 20 47 25 40 30 35 35 32 40 29

The winning bidder or representative will be required to sign and acknowledge a Unit Entrance/Exit checklist, which summarizes KDFWR’s expectations for each unit. Periodic inspections will be conducted and require a signature for each visit as well. If a contract extension is needed, reasonable progress needs to be shown within the original (2) year agreement.

During the term of this license, the bidder agrees to exercise all means in his power to prevent the start of and to suppress all forest fires on the licensed area and in its vicinity. The bidder is responsible for contacting KDFWR and appropriate local authorities in the event of a fire. No fire for any purposes is allowed on the logging operation without approval of KDFWR.

During high and extreme fire hazard weather, KDFWR may prohibit logging. KDFWR reserves the right to suspend logging (harvesting and hauling) operations when weather conditions will lead to rutting that cannot be fixed with equipment that is available and on-site or conditions are deemed as such to produce long-term impairment of the water bodies.

All operations being carried out by the bidder for the cutting and removal of the timber under this sale may be suspended by KDFWR if the conditions and requirements contained in this license are disregarded. Continued failure to comply with any one of the stated conditions and/or requirements shall be sufficient cause for the termination of this license.

Complaints or disagreements by the bidder as to any actions taken by KDFWR respecting this license shall not be considered unless made in writing within thirty (30) days of such action causing a complaint or disagreement by the bidder to the Director of KDFWR. The decision of the Director shall be final in the settling of complaints and disagreements on the part of the bidder as they pertain to the interpretation of the regulations and provisions of this bid package.

When timbering operations are in progress, the bidder shall have, at all times, at the site of activities, a representative who shall be authorized to receive, on behalf of the bidder, any and all notices and instructions in regard to the conditions and requirements set forth in this license and to take such action as may be required under the terms of this license. A Kentucky Master Logger must be present on the harvest site at all times while harvesting activities are underway.

KDFWR will provide contact personnel that will be available on-site in a reasonable period of time.

All records of the bidder as they pertain to the operations being carried out under the terms of this sale shall be open to inspection at any time by KDFWR.

The bidder shall have no right or license to use any part of the area outside the boundary of the area herein described, unless the bidder shall have obtained special written permission from KDFWR describing the limitations of such use.

The mineral and right-of-way rights over, on, in, and under the sale area herein described are in no way affected by this license. KDFWR, nor any licensee, nor successor, nor assignee of it shall be liable to the bidder for any damages because of the exercise of their rights, however, or by whomever conducted, and that the bidder agrees to hold KDFWR harmless from any claims for such damages on the part of the bidder. The successful bidder should coordinate the logging operation at all times, with the KDFWR Foresters. KDFWR does not undertake the responsibility to furnish right-of-way over lands belonging to others. The term "bidder", as used in this sale, shall include and mean any and all representatives of the bidder, his or her employees, individuals or groups with whom the bidder may contract, and the contracting party's employees.

The bidder agrees to comply with all applicable state, federal, and local statutes, rules, and regulations. This includes but is not limited to those involving worker’s compensation insurance, OSHA, child labor, and other laws governing timber harvesting.

The license agreement resulting from this bid proposal shall not be assigned in whole or part.

Timber is to be taken on a "where is", "as is" basis without recourse. KDFWR makes no warranty or guaranty as to the quality, quantity, condition, size, and/or description of timber sold under this contract. A site visit prior to the submission of bid is encouraged.

KDFWR will be primarily responsible for ensuring that all such provisions are enforced. Major deviations from these provisions will require the prior written approval of the Division of Real Properties and KDFWR. Problems which arise under any aspect of performance should first be resolved between the licensee and KDFWR. In the event problems and/or disagreements cannot be resolved, they should be reduced to writing and referred to the Division of Real Properties for settlement. KDFWR reserves the right to terminate the license immediately for cause in the event of any material breach of these terms and conditions and for convenience.

As a guarantee of faithful performance of the conditions and requirements of this sale, the bidder agrees that all monies paid under this license shall, upon failure to comply and fulfill all conditions and requirements herein set forth, be retained by KDFWR to be applied as far as may be to the satisfaction of his obligations assumed hereunder.

It is agreed by the parties hereto that all questions as to the execution, validity, interpretation, construction and performance of the resulting License Agreement shall be governed by the laws of the Commonwealth of Kentucky. Furthermore, the parties hereto further agree that any legal action, which is brought on the basis of said Agreement, shall be filed in the circuit court of Franklin County, Kentucky.

NOTE:

The license will be awarded for the harvest and sale of timber from approximately 112.5 acres on a highest lump sum payment to that responsible, responsive bidder whose offer conforming to this Invitation to Bid will be most advantageous to KDFWR. KDFWR expressly reserves the right to reject any or all bids and to waive technicalities and minor irregularities in form of bids submitted.

Any bidder's past performance under license shall be a consideration and may be a factor in the award or denial of the license.

Additional terms and conditions may be added to the agreement, as mutually agreed and as necessary between the parties. Nothing in this license shall be construed to convey or grant any right, title, interest, estate, claim, or demand in or to the licensed premises other than the right to use licensed premises for the purposes and under the terms and conditions stated in this license.

The bidder agrees to indemnify, defend, and hold harmless KDFWR, its officers, agencies, and employees from:

(a) Any claims or losses for services rendered by the bidder, person, or firm performing or supplying, services, materials, or supplies in connection with the performance of the license.

(b) Any claims or losses to any person or firm injured or damaged by the erroneous or negligent acts of the bidder, its officers, or employees in the performance of the license.

(c) Any failure of the bidder, its officers, or employees to observe Kentucky laws, including, but not limited to labor laws and minimum wage laws.

(d) The bidder agrees that all goods and chattels placed in or about the property shall be at the sole risk of the bidder, and KDFWR shall not be liable for injury or damage to property from any cause.

For further Information concerning this sale, the exact location and access to the site, please contact Josh Frazier @ (606) 356-9910, Wildlife Forester.

Information Required in Each Offer

1. Contact: Include the name and phone number of the individual who is to be the principal contact with KDFWR.

2. Signature: The principal contact must include his/her signature on the bid proposal.

3. References: Contact information for up to three (3) landowner references should be provided in the proposal. These landowners will have had timber harvested on their properties within the past five (5) years by the bidder. If no previous timber harvesting has been conducted by the bidder, then character or other work references should be provided.

4. Bid: Include a bid amount (lump sum payment for all timber, pulpwood and sawtimber) which will be paid to KDFWR upon the sale of timber harvested under this contract.

Qualifications

After determining that a bid proposal satisfies the requirements of this project, the Commissioner of KDFWR, or a designee, will evaluate the bid proposal based on the following subjective factors.

1. Bid Amount…………………………………………..…………….55%

2. Evaluation of prior work quality based upon reference comments...45%

KDFWR reserves the right to conduct discussions/meetings with any offeror to determine their qualifications for further consideration. Discussions shall not disclose any information derived from bid proposal submitted by other offerors.

After determining the best bid proposal received, KDFWR may negotiate a fair and reasonable compensation rate based on the pricing submitted in the offeror’s bid proposal.

FORM OF PROPOSAL (SEALED BID)

TO: Finance and Administration Cabinet INVITATION NO: 10062026 Department for Facilities and Support Services Division of Real Properties BID OPENING: Tuesday, Oct. 6, 2026 Third Floor, Bush Building 403 Wapping Street Frankfort, Kentucky 40601-2607 AT: 3:00 P.M.

Subject to the General Terms and Conditions and Authentication of Bid and Affidavit of Non- Collusion and Non-Conflict of Interest, I propose to bid the following lump sum amount, less Wildlife and Forestry Equipment (mandatory $45,356.34), and Wildlife Habitat Improvement (optional credit, up to $17,700 @$1,000/acre):

Wildlife and Forestry Equipment (Mandatory $46,356.34) __________

Wildlife Habitat Improvement (Optional) (up to $17,700 @ $1,000/acre): $ __________

Remaining Lump sum bid: $____________

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.

10062026 have been arrived at by the bidder independently and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other lessee 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 or 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 KDFWR of Kentucky and is not in violation of any conflict of interest, statute, including the provisions of KRS 45A.330 to 45A.340, 45A.990, 45A.164.390 or KRS 11A.040 of the Executive Branch Code of Ethics; and,

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

NOTICE

1. Any agreement or collusion among Bidders or prospective Bidders which restrains, tends to restrain or is reasonably calculated to restrain competition by agreement to bid at a fixed price, or to refrain from bidding, or otherwise, is prohibited.

2. Any person who violates any provisions of KRS 45A.325 shall be guilty of a felony and shall be punished by a fine not less than five thousand dollars ($5,000), nor more than ten thousand dollars ($10,000), imprisonment for not less than one (1) year, nor more than five

(5) years, or both such fine and imprisonment. Any firm, corporation or association which violates any of the provisions of KRS 45A.325 shall, upon conviction, be fined not less than ten thousand dollars ($10,000), nor more than twenty thousand dollars ($20,000).

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