Bid Package - West Kentucky WMA - Hay Lease- 2026-2030.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 193 ACRES OF AGRICULTURE LAND FOR HAY CROP PRODUCTION

WEST KENTUCKY WILDLIFE MANAGEMENT AREA

PADUCAH, McCRACKEN COUNTY, KENTUCKY

Invitation No: 11052025

Bid Opens: Wednesday, November 05, 2025, 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, 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) The bid forms or further information be may obtained, Monday - Friday 8:00 a.m. – 4:30 p.m.

ET, by contacting Wendell Harris, Division of Real Properties, Bush Building, 3rd Floor, 403

Wapping Street, Frankfort, Kentucky 40601-2607, at (502) 782-0360, or email wendell.harris@ky.gov.

(4) Bids will be ‘publicly’ read aloud and Bidders may access the bid opening through a conference call. To access the conferencing bridge, Bidders may either dial 502-782-CONF (2663) OR 502-

564-9110. Once called, Bidders will be prompted to enter a code. Bidders, as

“attendees/participants” need to enter the code 42014. 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.

mailto:wendell.harris@ky.gov

INVITATION TO BID

AGRICULTURE HAY LAND

WEST KENTUCKY WILDLIFE MANAGEMENT AREA

McCRACKEN COUNTY, KENTUCKY

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 agriculture land for hay crops at the West

Kentucky WMA (WKWMA), located in McCracken County, Kentucky.

Property to be Leased: The land to be leased is owned by the Kentucky Department of Fish and Wildlife Resources and is utilized for the purpose of implementing, operating, and managing fish and wildlife programs in accordance with an approved Federal Aid Wildlife Management plan. The land to be bid consists of approximately 193 acres.

This hay land lease will be in effect for the 2026 – 2030 crop years.

Bidders will bid on all acreage as one package. All fields are indicated by white outlines on the attached maps. Several fields and portions of fields have been retired as part of wildlife habitat management programs and shall not be sprayed, mowed, or otherwise disturbed without approval of the area supervisor. See attached “Terms and Conditions” for further information.

Maps, History 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 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.

Purpose of Leasing: The property will be leased for production of hay crops, with the objective of maintaining open lands and enhancing public recreational opportunities on the West Kentucky

Wildlife Management Area. This contract is part of an overall habitat management program for the benefit of fish and wildlife populations and public recreation on the area. Other fields on the

WKWMA are leased for row crop production, and are not in any way included in or related to this hay land lease contract.

Bid Forms: Bid forms are available at the West Kentucky Wildlife Management Area office by calling the area supervisor at 270/488-3233, or by emailing timothy.kreher@ky.gov. Fields to be included in this lease agreement are identified on the attached maps.

Bids: Bidders will be bidding an amount per bale produced annually. The lessee will use this amount to purchase gravel each year to improve roads on the West Kentucky WMA. As an example, a bid of $5/bale and 500 total bales produced in one year would require the lessee to provide $2,500 worth of gravel for WMA roads that year. The gravel provided will be white gravel, either “KY #610” or “#3 rock” as directed by the Public Lands Biologist. This gravel must be “tailgated” or otherwise spread upon delivery to provide a usable road surface. If the lessee uses their own trucks to haul this gravel, haulage will be deducted from the annual total at a rate of $7.15/ton. Lessee will provide receipts and weigh tickets to the Public Lands Biologist following delivery of gravel. For further information, contact the WKWMA Public Lands

Biologist.

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 deposit. The amount bid per bale must be indicated in the spaces provided on the crop plan sheet. All bidders will be notified by mail of the results. The Commonwealth of Kentucky reserves the unqualified right to reject any and/or all bids. For further information contact: Tim Kreher, 10535 Ogden

Landing Road, Kevil, KY, 42053. Phone 270–488–3233. Email timothy.kreher@ky.gov

Bid Revisions/Adjustments: Bids in response to this invitation shall remain firm for the entire 5 years of the resulting lease. If a bidder withdraws from the lease; the next highest share bidder will be contacted to assume the remaining terms of the lease.

REQUIREMENTS: The lessee will provide gravel to improve WMA roads in lieu of a monetary payment to KDFWR. The amount will be calculated by the per-bale bid multiplied by the number of bales produced annually (see example above). The lessee may fertilize any hay fields at his own discretion (see “Terms and Conditions”). The WKWMA

Public Lands Biologist may specify that some bales remain in the field until November 15 to benefit public recreation on the WMA.

Access: Because of water level fluctuations of the Ohio 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 they bid on.

Term of Lease: The successful bidders will 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 four successive one-year periods (for a total of five years). Renewals will take place between

February 1 - 15 of each year. The lease will be for a crop year (March 15 – November 15) 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 annually for four additional years for a total of 5 years). Annual payments will be made in the form of white gravel, calculated on the basis of $/bale x total number of bales produced annually.

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 shares, 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 bidder 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; (c) and the date upon which termination becomes effective.

2. The successful bidder 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 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 to the highest bidder that is most advantageous to the Commonwealth. The Commonwealth of Kentucky reserves the right to reject any and all bids and to waive technicalities.

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 bid will be retained by the agency and later deducted at final settlement.

NOTE: FOR FURTHER INFORMATION PLEASE CONTACT: Tim Kreher, 10535

Ogden Landing Road, Kevil, KY, 42053 phone (270)488-3233 email

Timothy.Kreher@ky.gov Monday - Friday, 7 am - 3:30 p.m. central time.

TERMS AND CONDITIONS

A. General

1. The Lessee may not sublease any part of the lease unit to a second party.

2 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 contact.

3. The acreage within this contract is currently populated with native warm season grasses such as eastern gamagrass, switchgrass, Indiangrass, and big bluestem. This contract is part of a holistic management program for these grass species, and, as such, use of herbicide or tillage to establish or encourage other hay crops will only be allowed with the prior approval of the Supervising Biologist. When herbicide management, tillage, or reseeding is allowed, all activities will follow Terms and Conditions below.

4. The Lessee may be required to leave hay bales in certain fields as specified by the Public

Lands Biologist until November 15 each year.

5. The Lessee may not cut hay until after July 15, to be protective of nesting and rearing wildlife. Under certain cases, with prior approval from the Supervising Biologist, some fields may be “clipped” or mowed prior to July 15 to discourage unwanted vegetation, to improve hay quality for successive cuts, or to facilitate public recreation.

6. The Lessee assumes all risk and/or damage by reason of flooding or other natural disaster.

In the event of a weather related crop loss and resulting crop insurance settlement the damaged crop will remain in the field for wildlife cover and food.

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

8. The Lessee will be responsible to maintain records of the acreage planted and to report same to the appropriate Farm Service Agency office.

9. The Department may over seed wheat or other cover crops in the fall in selected fields.

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

9. The Department may perform prescribed burns on the fields within this contract at its own discretion. If performed, prescribed burns will be completed by April 15 each year.

10. The hunting, trapping, fishing 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. The Lessee 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.

11. 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.

c. Herbicide applied per acre.

d. Harvest removed (in number of bales).

12. The Lessee will be responsible for damage to state properties and facilities as a result of cropping activity. Should the Lessee 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, boundary markers/fencing, building, gates, water control structures/facilities, dikes, dams, levees and vegetation.

Should damage occur to the tenant’s 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. Due to horseback field trial activities on West Kentucky Wildlife Management Area that may take place prior to harvest of some crops, some crop damage may occur.

13. No part of any lease unit may be placed in any federal land retirement program by the

Lessee.

14. No Livestock shall be permitted.

15. If irrigation facilities are necessary, such facilities shall be approved by the Supervising

Biologist, and shall be provided by and at the expense of the Lessee.

16. The Lessee shall not erect any permanent or temporary structures on the leased premises.

17. The Lessee shall be responsible for maintaining their entire leased premises in a clean and sanitary condition throughout their lease term. The Lessee further agrees 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 expected.

18. The Lessee shall comply with the Conservation Plan on file at the local county Natural

Resource Conservation Service office and follow recommended land practices.

19. The Lessee may, with permission from the area supervisor, utilize existing structures on the leased premises.

B. Soil Testing/Fertilization/Lime

1. The Lessee will be required to perform soil tests as required by contract 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. Tests are recommended a minimum of every two years; 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 at no less than half of the recommended rate or 2 tons/acre, whichever is lesser.

2. Nitrogen applications should be made for the minimum expected yield.

C. Tillage Practices

1. Tillage methods and residue coverage should be consistent and conform with the N.R.C.S.

Conservation Plan that is on file. Practices such as, but not limited to, no-till, conservation tillage, low-till are all encouraged.

2. No fall tillage (plowing or disking) should take place except for the 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 the area supervisor.

3. Conventional plowing is not recommended in any of the above situations. Para-plow tillage is acceptable for the disturbance of hardpans and this may be used in the approval of the land manager. Chisel plowing is not accepted for fall use. No soil disturbances should be performed after November 15th.

D. Riparian Vegetation/Buffer zones

Riparian vegetation stabilizes stream banks, provides thermal insulation, reduces stream sediment loads and protects streams from soil, chemical and fertilizer runoff from crop fields. Buffer zones also act as wildlife corridors, travel-ways, escape cover and access-ways. Riparian strips/buffer zones should be either protected or established along/adjacent to all, streams, wetlands, and waterways and crop lands/field borders on

Department Wildlife Management Areas.

1. All streams, (perennial, intermittent, storm event, etc) shall be protected by a riparian zone for a minimum of 50 feet, (preferably 100 feet) on each side of the stream bank. There shall be no canopy disturbance within the first 50 feet of this zone.

2. Ponds, lakes, reservoirs, seasonal and permanent wetlands and other aquatic systems shall have at least a 50 foot riparian zone (preferably 100 feet) on all sides. This zone shall be of undisturbed soil but is subject to rotational mowing or burning by KDFWR when it is a necessary component of management (for example waterfowl flight corridors).

3. Other field borders such as property boundaries, fence rows, roadsides, etc. shall have a vegetated strip of not less than 30 feet of undisturbed soil.

E. Herbicides

1. There will be no application of restricted use herbicides as designated by the United

States Environmental Protection Agency and the U. S. Fish and Wildlife Service. (See the area supervisor for an up to date list or consult the local chemical dealer).

2. There will be no use of insecticides upon Department owned or managed lands.

3. Herbicides are to be used only according to label directions.

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

5. Rotating herbicides is encouraged to prevent the development of herbicide resistant weeds.

6. The Lessee shall report herbicide use on a yearly basis using forms provided.

7. Any herbicide 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.

F. Noxious Weeds

Tenants will be required to control the following noxious weeds within their rented/leased fields: Thistle: Muss, Scott, Nodding, Canadian; Field Bindweed; Marijuana; Johnson grass; Sicklepod; Water Hemp; and Multi flora Rose. Tillage and harvest equipment should be cleaned prior to moving to another field which will help limit weed seed transportation. Noxious weeds will not be controlled in any way that will adversely affect or have any detrimental impact on any wildlife or habitat.

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.

11052025 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).

STATEMENT OF FINAL DETERMINATION

OF VIOLATIONS PURSUANT TO KRS 45A.485

Pursuant to KRS 45A.485, the Bidder shall reveal to DMA, prior to the award of a contract, any final determination of a violation by the Bidder within the previous five (5) year period of the provisions of KRS Chapters 136, 139, 141, 337, 338, 341, and 342.

For the purpose of complying with the provisions of KRS 45A.485, please list any final determination(s) of violation(s) of KRS Chapters 136, 139, 141, 337, 338, 341, and 342, which have been rendered against the Bidder within the five (5) years preceding the award of this contract. Please include the date of the determination and the state agency issuing the determination. (Please use extra sheets if necessary.)

KRS Violation Date State Agency

The Bidder is further notified that KRS 45A.485 requires that for the duration of this contract, the Bidder shall be in continuous compliance with the provisions of KRS Chapters 136, 139, 141, 337, 338, 341, and 342, which apply to the Bidder's operations. KRS 45A.485 further provides that the Bidder's failure to reveal a final determination of a violation of KRS Chapters 136, 139, 141, 337, 338, 341, and 342, or failure to comply with the above-cited statutes for the duration of the contract, shall be grounds for DMA's cancellation of the contract, and the Bidder's disqualification from eligibility to bid or submit proposals to DMA for a period of two (2) years.

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

BID SHEET FOR HAY FIELDS, WEST KENTUCKY WMA, 2026-2030

Total Acres for Lease: 193 acres (approximately)

I propose to provide $____________ of white gravel per bale produced for the lease of this hay acreage.

Signature:__________________________________ Name(Print):___________________________________

Address:___________________________________________________________________________________

City:_____________________________________________________________________ State:____________

Phone:______________________________________________

FIELD MAPS FOR 2026-2030 HAY LEASE,

WEST KY WMA