[I! Virginia Tech I

Rodney Robinson River Trading Company Ltd 599 Liberty Hill Cincinnati OH 45202

Dear Mr. Robinson:

Procurement Department (MC 0333) North End Center, Suite 2100, Virginia Tech 300 Turner Street NW Blacksburg, Virginia 24061 540/231-6221 Fax: 540/231-9628 www. procurement. vt. edu

September 18, 2014

Subject: Virginia Tech Contract# UCP-TG-005-14 Commodity/Service: Bituminous Nut and Slack Coal

Enclosed is your copy of modification number two (2) and renewal one (1) to the subject contract. The contract will now expire December 31, 2015. We look forward to working with you further.

KDD/kbl

Enclosure

c: F.M. Pro Byron Nichols

Sincerely,

~y(2~ Assistant Director & Contracts Manager Telephone: (540) 231-8543

L__ _________________ _____ Inven t the Future

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY

An equal opportunity , affirmative action institution

• VENDOR INFORMATION FORM 9/9/2014

TG 005 14 ------- for office use -------

River Trading Company Ltd

FULL LEGAL NAME (Company Name as it appears with your Federal Taxpayer Number)

River Trading Company Ltd

BUSINESS NAME/ DBA NAME/TA NAME

(If different than Full Legal Name)

River Trading Company Ltd

BILLING NAME (Company name as it appears on your invoice)

PURCHASE ORDER ADDRESS:

P 0 BOX ADDRESS 1

599 Liberty Hill

STREET ADDRESS 2

Cincinnati

CITY

OH 45202

STATE ZIP CODE

Rodney Robinson

CONTACT PERSON

rrobinson@rtcltd.com

EMAIL

Kim Dulaney

FEDERAL TAXPAYER NUMBER

FEDERAL TAXPAYER NUMBER (If different than 10# above)

FEDERAL TAXPAYER NUMBER (if different than 10# above)

PAYMENT ADDRESS:

PAYMENT P 0 BOX ADDRESS 1

599 Liberty Hill

PAYMENT STREET ADDRESS 2

Cincinnati

CITY

OH 45202

STATE ZIP CODE

304-453-4000

PHONE NUMBER

888-651-9445

TOLL FREE NUMBER

304-453-1117/513-412-6773

FAX NUMBER

CONTRACT MODIFICATION AGREEMENT

Date: August 26, 2014

Contract No.: UCP-TG-005-14

Renewal No.: One (1) Modification No.: Two (2)

Issued By: Virginia Polytechnic Institute and State University (Virginia Tech)

Contractor: River Trading Company

Commodity: Bituminous Nut and Slack Coal

This Supplemental Agreement is entered into pursuant to the provisions of the basic contract.

Description of Modification:

The parties agree that the Contract Documents are hereby amended as follows:

1. Truck Delivery: Beginning January 1, 2015, delivery by truck to Virginia Tech from Docks Creek will be $104.25 per ton. FOB rail car will be $71.25 per ton, delivered to Radford Virginia per contract.

2. Contract Term: Virginia Tech and Contractor hereby agree to renew the contract for one year. The contract will now expire on December 31,2015.

Except as provided herein, all terms and conditions of Contract Number UCP-TG-023-09, as heretofore changed, remain unchanged and in full force and effect.

Virginia T~<;)Y/ ~ By: ~~~

r

r------------------------------1 Virai nia Tech I, Procurement Department (MC 0333) b..._ North End Center, Suite 2100, Virginia Tech

Rodney Robinson River Trading Company Ltd 599 Liberty Hill Cincinnati OI-l 45202

Dear Mr. Robinson:

300 Turner Street NW Blacksburg, Virginia 24061 540!231-6221 Fax: 540/231·9628 www.procurement. vt. edu

July 31, 2014

Subject: Virginia Tech Contract# UCP-TG-005-14 Commodity/Service: Bituminous Nut and Slack Coal

This is to inform you that the ·uhjecl contract expires December 31, 2014. Since the university would !.ike to rcnl!w 1l1l! wnlract for an additional year. please advise concerning your intention by signing in the appropriate space listed below. Please rl!turn one signed copy of this lcllcr to me hy August 15. 2014.

Please review the attached form . which shows your company information as listed in the university's vendor databa~e. If any or this information has changed, make corrections directly on the form, and return with this letter. It is essential that t hi~ infomJatinn be accurate in order for payments to be processed in a timely manner.

Thank you for your allcntion to this maHer.

~~a , Kimberly Du~ ~ Assistant Director & Contracts Manager Telephone: (540) 231-8543

River Trading Company , •rccs to renew the co111ract [or an additional year in accordance with the terms and mnditions of the subject contra· . ' . /} J

Alllhorizcc!Si~ -~ ~ ~ Date: r/,,/f Name: yt, J~J C 3tL.tV Tillei'«Tn--4ff dJ>,..._I~IJ,1L#4£..

(please prim)

River Trading Company Ltd tloes not a ~tree to renew the contract for an additional year.

Authorized Signature:

Name:

KDD/kjb c: FMP

Approved:

Date:

(please print)

~v~ W/;JY

Date:-----------

Title:----------

•------------------·---------------------------------------- Invent th e Future

VIRGIN I A POLYTECHNIC INS T ITUTE AND STATE UNIVERSITY An equal opporrunily , affirmative act/on lnstttulion

VENDOR INFORMATION FORM 7/24/2014

TG 005 14 ------- for office use -------

River Trading Company Ltd

FULL LEGAL NAME (Company Name as it appears with your Federal Taxpayer Number)

River Trading Company Ltd

BUSINESS NAME/ DBA NAME/T A NAME

(If different than Full Legal Name)

River Trading Company Ltd

BILLING NAME {Company name as it appears on your invoice)

PURCHASE ORDER ADDRESS:

P 0 BOX ADDRESS 1

599 Liberty Hill

STREET ADDRESS 2

Cincinnati

CITY

OH 45202

STATE ZIP CODE

Rodney Robinson

CONTACT PERSON

rrobinson@rtcltd.com EMAIL

Kim Dulaney

FEDERAL TAXPAYER NUMBER

FEDERAL TAXPAYER NUMBER (If different than 10# above)

FEDERAL TAXPAYER NUMBER (if different than ID# above)

PAYMENT ADDRESS:

PAYMENT P 0 BOX ADDRESS 1

599 Liberty Hill

PAYMENT STREET ADDRESS 2

Cincinnati

CITY

OH 45202

STATE ZIP CODE

304-453-4000

PHONE NUMBER

888-651-9445

TOLL FREE NUMBER

304·453-1117/513-412-6773

FAX NUMBER

CONTRACT MODIFICATION AGREEMENT

Date: November!, 2013

Contract No.: UCP-TG-005-14

Modification No.: One(!)

Issued By: Virginia Polytechnic Institute and State University (Virginia Tech)

Contractor: River Trading Company

Commodity: Bituminous Nut and Slack Coal

This Supplemental Agreement is entered into pursuant to the provisions of the basic contract.

Description of Modification:

The parties agree that the Contract Documents are hereby amended as follows: !. Delivery: Virginia Tech hereby commits to purchasing not less than 15,000 tons of

coal during the period from January!, 2014 to December 31, 2014.

2. Sampling and Analysis: Coal for each shipment shall be sampled by Contractor at loading via mechanical sampler using ASTM standards. Analysis of the coal shall be performed in accordance with ASTM standards by an independent commercial laboratory appointed by Contractor with the cost for such sampling and analysis to be from the Contractor's account. Such analysis shall be final and binding and shall govern for payment. Analysis shall be provided to Virginia Tech within 48 hours of loading of a train.

3. Virginia Tech may, within 48 hours of receipt of analysis, upon written notification to Contractor, reject any shipment which fails to meet the specifications or which is materially contaminated with foreign materials. Virginia Tech shall return rejected coal to Contractor at Contractor's cost. Contractor shall make a good faith effort to replace the rejected coal no later than the last calendar day of the delivery month.

4. Virginia Tech (Buyer) will advise River Trading Company (Seller) on or before the

15th day of each calendar month preceding scheduled Shipments of the number of trucks and tonnage Buyer desires to receive during the succeeding month. The monthly amount ordered on the 15th day of each calendar month will be the Monthly Tonnage Obligation for the succeeding month. The Buyer should be responsible for outlining the desired receiving dates and delivery schedule ("Delivery Schedule") at the time the Monthly Tonnage Obligation is placed.

5. A "Shipment" is defined as all truckloads of Coal delivered in one(!) calendar day. Seller will provide Buyer by the 25"' day of the month preceding scheduled shipments of its desired shipping dates.

6. The Parties will work together in good faith to agree upon a reasonable and mutually acceptable Delivery Schedule within the Nomination Period and within each month during the Nomination Period.

7. Title to and risk ofloss of Coal will pass to Buyer as each truck is unloaded.

8. Coal sampled using ASTM standards for each Shipment shall be performed weekly at stockpile loading. Analysis to be performed in accordance with ASTM standards by an independent commercial laboratory appointed by Seller with the cost for such sampling and analysis to be from the Seller's account. Such analysis shall be final and binding and shall govern for payment. Analysis shall be provided to Buyer weekly prior to shipment and with each delivery.

9. Each Shipment shall be weighed at Seller's expense by means of a certified truck scale at truck loading. Such weights shall be final and binding and shall govern for payment

10. Limitation of Liability: The parties confirm that the express remedies and measures of damages provided in this agreement satisfy the essential purposes hereof. For breach of any provision for which an express remedy or measure of damages is herein provided, such express remedy or measure of damages shall be the sole and exclusive remedy, the liable party's liability shall be limited as set forth in such provision, and all other remedies or damages at law or in equity are waived unless otherwise provided in this agreement. If no remedy or measure of damages is expressly herein provided, the liable party's liability shall be limited to direct actual damages only. Notwithstanding any other provision in this agreement or in any transaction, neither party shall be liable to the other for consequential, incidental, punitive, exemplary or indirect damages, lost profits, or business interruption damages, whether by statute, in tort or in contract, under this agreement, any transaction, any indemnity provision or otherwise.

11. Limitation on Warranty: Other than those expressly provided in this agreement, seller makes no other representation or warranty, written or oral, express or implied, in connection with the sale and purchase of coal hereunder. All warranties of merchantability or of fitness for a particular purpose or arising from a course of

dealing or usage of trade are specifically excluded. Seller makes no warranty concerning the suitability of coal delivered hereunder for use in any facilities.

12. Terms of payment will be net 30 upon receipt of coal by Virginia Tech.

Except as provided herein, all terms and conditions of Contract Num r UCP-TG-023-09, as heretofore changed, remain unchanged and in full force and effect.

Virginia Tech By:

,

COMMONWEALTH OF VIRGINIA

STANDARD CONTRACT

Contract Number: UCP-TG-005-14

This contract entered into this 20th day of September 2013, by River Trading Company Ltd, hereinafter called the "Contractor" and Commonwealth of Virginia, Virginia Polytechnic Institute and State University called "Virginia Tech."

WITNESSETH that the Contractor and Virginia Tech, in consideration of the mutual covenants, promises and agreements herein contained, agree as follows:

SCOPE OF CONTRACT: The Contractor shall provide the bituminous nut and slack coal to Virginia Tech as set forth in the Contract Documents.

PERIOD OF CONTRACT: From January 1, 2014 through December 31, 2014.

COMPENSATION AND METHOD OF PAYMENT: in accordance with the contract documents.

The Contractor shall be paid by Virginia Tech

CONTRACT DOCUMENT: The contract documents shall consist of this signed contract, Invitation For Bid number 0029706 dated August 14, 2013, together with the Contractor's response dated September 3, 2013, all of which contract documents are incorporated herein.

In WITNESS WHEREOF, the parties have bound thereby.

~ ...,{ (Signature) ' fl ,J;.tw { e /:&ttr &-cf ,k.1-#ttuJ:.,f-.

Name and Title

caused this Contract to be duly executed intending to be

Virginia Tech By:

Charles Steger President

INVITATION FOR SEALED BID # 0029706 THIS IS NOT AN ORDER

VIRGINIA POLYTECHNIC INSTITUTE AND ST ATE UNIVERSITY PROCUREMENT DEPARTMENT (MC 0333)

NORTH END CENTER, SUITE 2100, VIRGINIA TECH, 300 TURNER STREET NW BLACKSBURG, VIRGINIA 24061

DATE BID RETURN DATE AND HOUR BID OPENING DA TE AND HOUR

August 14, 2013

BIDDERS ADDRESS

Friday, Seotember 6, 2013 3PM

ADDRESS ALL INQUIRIES AND CORRESPONDENCE TO:

Kimberly Dulaney Assistant Director and Contracts Manager

E-MAIL ADDRESS: kdulane@vt.edu

TELEPHONE NUMBER (540) 231-8543

FAX NUMBER (540) 231-9628

AFTER HOUR MESSAGES (540) 231-6221

COMMODITY: Bituminous Nut and Slack Coal SEE ATTACHED SPECIAL INSTRUCTIONS I. SEALED BID responses should be returned in the furnished envelope. 2. Faxed responses to Sealed Bids cannot be sent directly to the Procurement Department, see "Facsimile Bids'' of the attached General Terms and

Conditions. 3. Responses must be submitted on this fonn and the attachment (s) provided. 4. Responses should be signed below. 5. Responses will be received in the Virginia Polytechnic Institute and State University, Procurement Department (MC 0333),North End Center,

Suite 2100, Virginia Tech, 300 Turner Street, NW, Blacksburg, VA 24061 until the bid opening date and hour or, if specified, the bid return date and hour shown above.

6. Contact the buyer listed above for bid award information. Enclose a self-addressed stamped envelope if you wish to obtain price information. 7. DELIVERY IS F.O.B. DESTINATION UNLESS OTHERWISE NOTED IN THE BODY OF THE BID. 8. Any ADDENDUM issued for this solicitation may be accessed at http://www.procurement.vt.edu/html.docs/bids.php. Since a paper copy

of the addendum will not be mailed to you, we encourage you to check the web site regularly. 9. Bidders must take cognizance of the fees associated with the eVA Business-To-Government Vendor Registration requirement described

herein and at http://www.eva.state.va.us/ and submit prices accordingly. CERTIFICATION: IN ACCORDANCE WITH THIS INVITATION FOR SEALED BID AND SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN INCLUDING THE GENERAL TERMS AND CONDITIONS SHOWN AT http://www.procurement.vt.edu/html.docs/terms/GTC BID 06142013.pdf THE UNDERSIGNED OFFERS AND AGREES TO FURNISH THE GOODS OR SERVICES FOR THE PRICE(S) OFFERED

FULL LEGAL NAME (PRINT) FEDERAL TAXPAYER NUMBER(ID#) DELIVERY DATE (Company name as it appears with your Federal Taxpayer Number)

BUSINESS NAME/DB A NAMEff A NAME FEDERAL TAXPAYER NUMBER (If different than the Full Legal Name} (If different than ID# above}

BILLING NAME FEDERAL TAXPAYER NUMBER (Company name as it appears on your invoice) (If different than ID# above)

PURCHASE ORDER ADDRESS PAYMENT ADDRESS

CONT ACT NAME/TITLE (PRINT) SIGNATURE (IN INK) DATE

E-MAIL ADDRESS TELEPHONE NUMBER TOLL FREE TELEPHONE NUMBER FAX NUMBER

"BUSINESS CLASSIFICATION I DLARGE I OSMALL I D MINORITY-OWNED I D WOMEN-OWNED

*Business Classification definitions can be viewed at httn://www.nrocurement.vt.eduNendor/class.html

*Is vour Classification certified by the Virginia D""t ofMinoritv Business EntPITirise? 0 Yes 0 No I If yes, provide Certification Number:

*For assistance with certification questions, please visit: htt(2:1/www.dmbe.state.va.us/swamcert.html THIS IS NOT AN ORDER R .... ,.,iooi1412<m

VIRGINIA POL YTECHNJC INSTITUTE AND STATE UNIVERSITY (VIRGINIA TECH)

INVITATION FOR SEALED BID NUMBER 0029706

Bituminous Nut and Slack Coal

I. PURPOSE:

The intent and purpose of this Invitation For Sealed Bid is to establish a term contract for Bituminous Nut and Slack Coal for Virginia Polytechnic Institute and State University (Virginia Tech), an agency of the Commonwealth of Virginia.

II. TERM OF CONTRACT: The term of this contract will be for either one (I) year with four (4) successive one-year periods or for two (2) years with three (3) successive one-year renewals.

III. EVA BUSINESS-TO-GOVERNMENT ELECTRONIC PROCUREMENT SYSTEM:

The eVA Internet electronic procurement solution streamlines and automates government purchasing activities within the Commonwealth of Virginia. Virginia Tech, and other state agencies and institutions, have been directed by the Governor to maximize the use of this system in the procurement of goods and services. We are, therefore, requesting that your firm register as a trading partner within the eVA system.

There are registration fees and transaction fees involved with the use of eV A. These fees must be considered in the provision of quotes, bids and price proposals offered to Virginia Tech. Failure to register within the eVA system may result in the quote, bid or proposal from your firm being rejected and the award made to another vendor who is registered in the eVA system.

Registration in the eVA system is accomplished on-line. Your firm must provide the necessary information. Please visit the eVA website portal at http://www.eva.virginia.gov/register/vendorreg.htm and register both with eVA and Ariba. This process needs to be completed before Virginia Tech can issue your firm a Purchase Order or contract. If your firm conducts business from multiple geographic locations, please register these locations in your initial registration.

For registration and technical assistance, reference the eVACustomerCare@dgs.virginia.gov, or call 866-289-7367 or 804-371-2525.

IV. CONTRACT PARTICIPATION:

College ot W1lltam and Mary

George Mason University

James Madison Umverslly

Old Domm1on Un1v1ir5ity

Radlonl University

The University ot V1rgmia

Virginia Commonwealth Umver51t>(

Virgini~ M1hl~1"11 Institute

eVA website at:

It is the intent of this solicitation and resulting contract to allow for cooperative procurement. Accordingly, any public body, public or private health or educational institutions, or Virginia Tech's affiliated corporations and/or partnerships may access any resulting contract if authorized by the contractor.

Participation in this cooperative procurement is strictly voluntary. If authorized by the Contractor, the resultant contract may be extended to the entities indicated above to purchase at contract prices in accordance with contract terms. The Contractor shall notify Virginia Tech in writing of any such entities accessing the contract. No modification of this contract or execution of a separate contract is required to

2

participate. The Contractor will provide semi-annual usage reports for all entities accessing the Contract. Participating entities shall place their own orders directly with the Contractor and shall fully and independently administer their use of the contract to include contractual disputes, invoicing and payments without direct administration from Virginia Tech. Virginia Tech shall not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Contractor to extend the contract. It is understood and agreed that Virginia Tech is not responsible for the acts or omissions of any entity, and will not be considered in default of the contract no matter the circumstances.

Use of this contract does not preclude any participating entity from using other contracts or competitive processes as the need may be.

V. SCOPE OF SUPPLY:

A. GENERAL: The contractor shall furnish and deliver bitumi1 >us nut and slack coal as described herein when ordered by Virginia Tech. The coal supplied shall be in compliance with Virginia Tech's operating permit# 2020-002, Registration# 20124. The permit and registration are kept on file at the Virginia Tech Power Plant Office.

B. SPECIFICATIONS: All bituminous nut and slack coal shall be washed and free from dirt, bone and slate and shall conform to the following:

Va. Spec. Grade A - Bituminous Nut and Slack - Size ( l" x O")

Max. Volatile ASTM (D3 l 75) - No Limit

Max. Ash ASTM (D3174-89)- 12.0%

Max. Sulfur ASTM (D4239-93)- 1.4%

Min. BTU-Dry ASTM (D2015)- 13,250/Lb.

Min. AFT ASTM (Dl857)-2,700 deg. F

Free Swelling Index ASTM (D720)- 2.0 - 5.0

Moisture Content (Optimum) - 6%

Bituminous Nut & Slack - not more than I 0% fines retained on a l" sieve. Not more than 50% and not less than 30% passing the \'4'' sieve.

Specification requirements are based upon "as received", except for BTU and ASH Content which are on the dry basis. Moisture content in excess of 6% shall be deducted from the net weight at the mine.

C. DELIVERY: The estimated annual delivery requirement per supplier is 10,000 to 20,000 tons each. Deliveries of coal shall be made by rail service to Virginia Tech, c/o BAE, Radford Army Ammunition Plant, Radford, Virginia using Norfolk Southern Railway. Deliveries can be accepted at the Radford Army Ammunition Plant only between April l" and November 30'h of the contract year unless otherwise agreed to by Virginia Tech prior to shipment. The scheduling of rail cars for deliveries with Norfolk Sothern shall be the responsibility of the coal supplier. The maximum number of rail cars that can be accepted per shipment is twenty (20) unless agreed to otherwise prior to shipment by Virginia Tech. All deliveries must be made using bottom dump rail cars only.

3

Prior to placing the initial order, an order will be placed by Virginia Tech with the contractor to obtain a coal sample of approximately I 0 railroad cars for testing purposes. If the coal sample is acceptable, delivery of the initial order placed by Virginia Tech with the contractor shall be made within fourteen (14) calendar days. Additional deliveries are to be made per the schedule supplied by Virginia Tech prior to the start of the delivery season.

The Contractor shall supply a copy of the coal car numbers with weight and analysis prior to the shipment to the Virginia Tech Power Plant Office, Attention: Byron Nichols, Fax# (540) 231-8599 or email: bnichols@vt.edu.

D. ALTERNATIVE DELIVERY METHOD - The coal supplier must be capable of providing truck delivery to either the Radford Army Ammunition Plant or directly to the Virginia Tech Power Plant.

E. SAMPLE TESTING: Coal furnished must comply with all specifications contained herein. Virginia Tech reserves the right to collect a sample(s) from any shipment for testing purposes. Failure of a sample to meet any of the specification requirements will result in the rejection of the shipment, which will be returned at the contractor's expense.

F. SAMPLING AND ANALYSES: In determining compliance with the requirements, Virginia Tech will employ, as nearly as practicable, sampling procedures currently approved by the U.S. Bureau of Mines and/or American Society for Testing Materials. Analyses will be made by a commercial laboratory designated by or acceptable to Virginia Tech.

G. WEIGHT: All invoice pricing shall be based on railroad weights.

VI. AWARD:

Virginia Tech reserves the right to award a contract as provided for either in Attachment C or Attachment D.

Virginia Tech will award up to two contracts on a price per ton basis to the lowest responsive and responsible bidders. The Virginia Tech Purchasing Department also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of Virginia Tech to be in its best interest.

Bidders may elect to provide pricing for either Attachment C or Attachment D or both.

VII. BID SUBMITTALS:

The following items shall be submitted with the bid:

A. The entire bid document including attachments.

B. Proximate Analysis Reports on "As Received" and "Dry Basis" of each nut and slack coal offered. Each analysis shall also provide the free swelling index. Each analysis must have been completed within six months prior to the bid opening date by a recognized commercial laboratory. Each analysis shall be submitted on the analysis report form of the laboratory which should not exceed the hardgrove grindability index of 55.

VIII. METHOD OF PAYMENT:

4

Virginia Tech shall authorize payment to the contractor after each satisfactory delivery of coal and receipt of the contractor's invoice.

Payment can be expedited through the use of the Wells One AP Control Payment System. Virginia Tech strongly encourages participation in this program. For more information on this program please refer to Virginia Tech's Purchasing website: http://www.procurement.vt.edu/Department/WellsOne.html or contact the person in Procurement Department identified in the IFB.

IX. INVOICES:

Invoices for goods or services provided under any contract resulting from this solicitation shall be submitted to:

Virginia Polytechnic Institute and State University Accounts Payable North End Center, Suite 3300, Virginia Tech 300 Turner Street NW Blacksburg, Virginia 24061

X. CONTRACT ADMINISTRATION:

A. Byron Nichols, Associate Director of Utility Systems, at Virginia Tech or his designee, shall be identified as the Contract Administrator and shall use all powers under the contract to enforce its faithful performance.

B. The Contract Administrator, or his designee, shall determine the amount, quantity, acceptability, fitness of all aspects of the services and shall decide all other questions in connection with the services. The Contract Administrator, or his designee, shall not have authority to approve changes in the services which alter the concept or which call for an extension of time for this contract. Any modifications made must be authorized by the Virginia Tech Procurement Department through a written amendment to the contract.

XI. PRICE SCHEDULE: (TO BE COMPLETED BY BIDDER):

See attachment C and attachment D for Price Schedule/Data Sheet

XII. ADDENDUM:

Any ADDENDUM issued for this solicitation may be accessed at http://www.procurement.vt.edu/html.docs/bids.php. Since a paper copy of the addendum will not be mailed to you, we encourage you to check the web site regularly.

XIII. TERMS AND CONDITIONS:

This solicitation and any resulting contract/purchase order shall be governed by the attached terms and conditions.

XIV. ATTACHMENTS:

Attachment A - Terms and Conditions Attachment B - Standard Contract Form Attachment C - Price Schedule/Data Sheet Attachment D - Price Schedule/Data Sheet

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6

ATTACHMENT A

TERMS AND CONDITIONS

Bid General Terms and Conditions

See http :i/www.procurement.vt.edu/html.docs/term s!GTC BID 06142013.pd f

Special Terms and Conditions

1. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this bid, no indication of such sales or services to Virginia Tech will be used in product literature or advertising. The Contractor shall not state in any of the advertising or product literature that the Commonwealth of Virginia or any agency or institution of the Commonwealth has purchased or uses its products or services.

2. AUDIT: The Contractor hereby agrees to retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. Virginia Tech, its authorized agents, and/or State auditors shall have full access to and the right to examine any of said materials during said period.

3. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that Virginia Tech shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

4. CANCELLATION OF CONTRACT: Virginia Tech reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

5. CONTRACT DOCUMENTS: The contract entered into by the parties shall consist of the Invitation For Bid, the signed bid submitted by the Contractor, the Standard Contract Form (copy attached), the General Terms and Conditions, Special Terms and Conditions, the specifications including all modifications thereof, all of which shall be referred to collectively as the Contract Documents. A separate contract will be executed by each agency, institution or public body wishing to use any contract resulting from this solicitation.

6. IDENTIFICATION OF SEALED BID ENVELOPE: If a special envelope is not furnished, or if return in the special envelope is not possible, the signed bid should be returned in a separate envelope or package, sealed and addressed as follows: VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNNERSITY Procurement Department (MC 0333) North End Center, Suite 2100, Virginia Tech 300 Turner Street NW Blacksburg, Virginia 24061 Reference the opening date and hour, and Bid Number in the lower left corner of the envelope or package. If a bid not contained in the special envelope is mailed, the bidder takes the risk that the envelope, even if marked as described above, may be inadvertently opened and the information compromised which may cause the bid to be disqualified. No other correspondence or other bids should be placed in the envelope. Bids may be hand delivered to the Virginia Tech Procurement Department.

7

7. INDEPENDENT CONTRACTOR: The contractor shall not be an employee of Virginia Tech, but shall be an independent contractor. Nothing in this agreement shall be construed as authority for the contractor to make commitments which shall bind Virginia Tech, or to otherwise act on behalf of Virginia Tech, except as Virginia Tech may expressly authorize in writing.

8. INSURANCE: By signing and submitting a bid under this solicitation, the Bidder certifies that if awarded the contract, it will have the following insurance coverages at the time the work commences. Additionally, it will maintain these during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. During the period of the contract, Virginia Tech reserves the right to require the Contractor to furnish certificates of insurance for the coverage required. INSURANCE COVERAGES AND LIMITS REQUIRED: A. Worker's Compensation - Statutory requirements and benefits. B. Employers Liability- $100,000.00 C. General Liability - $500,000.00 combined single limit. Virginia Tech and the Commonwealth of Virginia

shall be named as an additional insured with respect to goods/services being procured. This coverage is to include Premises/Operations Liability, Products and Completed Operations Coverage, Independent Contractor's Liability, Owner's and Contractor's Protective Liability and Personal Injury Liability.

D. Automobile Liability - $500,000.00 The contractor agrees to be responsible for, indemnify, defend and hold harmless Virginia Tech, its officers, agents and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen to occur in connection with and during the performance of the contract, including but not limited to claims under the Worker's Compensation Act. The contractor agrees that it will, at all times, after the completion of the work, be responsible for, indemnify, defend and hold harmless Virginia Tech, its officers, agents and employees from all liabilities resulting from bodily or mental injury or property damage directly or indirectly arising out of the performance or nonperformance of the contract.

9. NOTICES: Any notices to be given by either party to the other pursuant to any contract resulting from this solicitation shall be in writing, hand delivered or mailed to the address of the respective party at the following address:

If to Contractor: Address Shown On Bid Cover Page Attention: Name Of Person Signing Bid

If to Virginia Tech: Virginia Polytechnic Institute and State University Attn: Kimberly Dulaney Procurement Department (0333) North End Center, Suite 2100, Virginia Tech 300 Turner Street NW Blacksburg, VA 24061

and

Virginia Polytechnic Institute and State University Attn: Byron Nichols Associate Director of Utility Systems Power Plant 350 Old Turner Street Blacksburg, VA 24061

8

10. QUANTITIES: Quantities set forth in this solicitation are estimates only, and the Contractor shall supply at bid prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown.

11. REGULATORY LEGISLATION: All contracts relating to the procurement of coal are subject to all rules, regulations and limitations imposed by regulatory legislation of the Federal or State Government.

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Contract Number:

ATTACHMENT B

Standard Contract form for reference only Bidders do not need to fill in this form

COMMONWEALTH OF VIRGINIA STANDARD CONTRACT

----------

This contract entered into this __ day of 20_, by , hereinafter called the "Contractor" and Commonwealth of Virginia, Virginia Polytechnic Institute and State University called "Virginia Tech 11

•

WITNESSETH that the Contractor and Virginia Tech, in consideration of the mutual covenants, promises and agreements herein contained, agrees as follows:

SCOPE OF CONTRACT: The Contractor shall provide the ______ to Virginia Tech as set forth in the Contract Documents.

PERIOD OF CONTRACT: From through ----------- -----------

COMPENSATION AND METHOD OF PAYMENT: The Contractor shall be paid by Virginia Tech in accordance with the contract documents.

CONTRACT DOCUMENT: The contract documents shall consist of this signed contract, Invitation For Bid Number _____ dated _____ , together with all written modifications thereof and the bid submitted by the Contractor dated , all of which contract documents are incorporated herein.

In WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby.

Contractor: Virginia Tech

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ATTACHMENT C

PRICE SCHEDULE/DATA SHEET

Provide a price below based on the following:

I. Initial Contract Period: January 1, 2014 thru December 31, 2014.

2. Renewal of Contract: The contract may be renewed by Virginia Tech upon written agreement of both parties for four (4) successive one year periods.

3. Price Firmness: During the initial contract period, the price per ton shall not exceed the price shown below. Pricing for renewal periods of the contract will be negotiated by the parties approximately 200 days prior to contract expiration. Agreed upon pricing for renewal periods of the contract will be executed in writing.

PRICE PER TON FOB MINE RAIL DELIVERY TO RADFORD VA. $ -------

ALTERNATE PRICE FOB MINE TRUCK DELIVERY TO VIRGINIA TECH CAMPUS$

COAL OPERATING COMPANY

COAL SEAM _____________ _

WASHED ----------------

LOCATION OF MINE

(TOWN/CITY) SHIPPING POINT

RAIL DELNERY

PROXIMATE ANALYSIS:

(ASTM)

MOISTURE (D3173) ASH (03174) VOLATILE MATTER (D3175) FIXED CARBON SULFUR (D3 l 77) ASH SOFTENING TEMPERATURE, MINIMUM (Dl857) FREE SWELLING INDEX (D720) *BTU/LB (D2015) GRIND

RANGE

-----

NAME OF MINE -----------

STRIP MINED COAL (Yes or No) ____ _

(COUNTY) (STATE)

GUARANTEE

11

ATTACHMENT D

PRICE SCHEDULE/DATA SHEET

INSTRUCTIONS TO BIDDERS:

Provide a price below based on the following:

I. Initial Contract Period: January 1, 2014 thru December 31, 2016

2. Renewal of Contract: The contract may be renewed by Virginia Tech upon written agreement of both parties for three (3) successive one-year periods.

3. Price Firmness: During the initial contract period, the price per ton shall not exceed the price shown below. Pricing for renewal periods of the contract will be negotiated by the parties approximately 200 days prior to contract expiration. Agreed upon pricing for renewal periods of the contract will be executed in writing.

PRICE PER TON FOB MINE RAIL DELIVERY TO RADFORD VA.$ ______ _

ALTERNATE PRICE FOB MINE TRUCK DELIVERY TO VIRGINIA TECH CAMPUS $ ____ _

COAL OPERATING COMPANY

COAL SEAM _____________ _

WASHED _____________ ~

LOCATION OF MINE

(TOWN/CITY) SHIPPING POINT

RAIL DELNERY

PROXIMATE ANALYSIS:

(ASTM)

MOISTURE (D3 l 73) ASH(D3174) VOLATILE MATTER (D3175) FIXED CARBON SULFUR (D3 l 77) ASH SOFTENING TEMPERATURE, MINIMUM (Dl857) FREE SWELLING INDEX (D720) *BTU/LB (D2015) GRIND

RANGE

NAME OF MINE -----------

STRIP MINED COAL (Yes or No) ____ _

(COUNTY) (STATE)

GUARANTEE

12

·' INVITATION FOR SEALED BID# 0029706 THIS IS NOT AN ORDER

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY PROCUREMENT DEPARTMENT (MC 0333)

NORTH END CENTER, SUITE 2100, VIRGINIA TECH, 300 TURNER STREET NW BLACKSBURG, VIRGINIA 24061

DATE BID RETURN DATE AND HOUR BID OPENING DATE AND HOUR

August 14, 2013

BIDDERS ADDRESS

River Trading Company 559 Liberty Hill Cincinnati, OH 45202 Attn: Michael Brett

Friday, Senternber 6, 2013 3PM

ADDRESS ALL INQUIRIES AND CORRESPONDENCE TO: Kimberly Dulaney Assistant Director and Contracts Manager

E-MAIL ADDRESS: kdulane@vt.edu TELEPHONE NUMBER (540) 231-8543

FAX NUMBER (540) 231-9628

AFTER HOUR MESSAGES (540) 231-6221

COMMODITY: Bituminous Nut and Slack Coal SEE ATTACHED SPECIAL INSTRUCTIONS 1. SEALED BID responses should he returned in the furnished envelope. 2. Faxed responses to Sealed Bids cannot be sent directly to the Procurement Department, see "Facsimile Bids'" of the attached General Terms and

Conditions. 3. Responses must be submitted on this fonn and the attachment (s) provided. 4. Responses should be signed below. 5. Responses will be received in the Virginia Polytechnic Institute and State University, Procurement Department (MC 0333),North End Center,

Suite 2100, Virginia Tech, 300 Turner Street, NW, Blacksburg, VA 24061 until the bid opening date and hour or, if specified, the bid return date and hour shown above.

6. Contact the buyer listed above for bid award information. Enclose a self-addressed stamped envelope if you wish to obtain price information. 7. DELIVERY IS F.O.B. DESTINATION UNLESS OTHERWISE NOTED IN THE BODY OF THE BID. 8. Any ADDENDUM issued for this solicitation may be accessed at http://www.procurement.vt.edu/html.docs/bids.php. Since a paper copy

of the addendum will not be mailed to you, we encourage you to check the web site regularly. 9. Bidders must take cognizance of the fees associated with the eVA Business-To-Government Vendor Registration requirement described

herein and at http://www.eva.state.va.us/ and submit prices accordingly. CERTIFICATION: IN ACCORDANCE WITH THIS INVITATION FOR SEALED BID AND SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN INCLUDING THE GENERAL TERMS AND CONDITIONS SHOWN AT http://www.procurement.vt.edu/html.docs/terms/GTC BID 06142013.pdf THE UNDERSIGNED OFFERS AND AGREES TO FURNISH THE GOODS OR SERVICES FOR THE PRICE(S) OFFERED

FULL LEGAL NAME (PRINT) FEDERAL TAXPAYER NUMBER (ID#) DELIVERY DATE (Company name as it appears with your Federal Taxpayer Number}

a, .. ,r -r,,. >. ; ..... Co-.nA,,..~ L.t ,1). BUSINESS NAMEIDBA llAMEITA NAME1 FEDERAL TAXPAYER NUMBER (If different than the Full Legal Name) (If different than ID# above)

BILLING NAME FEDERAL TAXPAYER NUMBER (Company name as rt appears on your invmce) (If different than ID# above)

PURCHASE ORDER ADDR7~s I PAYMENT ADDRESS Hi 11 Sq~ L;b&'~i •I 5'i'1 L; b•d1

c; "C.;"""'t: . 0 \\ 'iSJ.oL C; .. c.: .. - "\·. a \-\ LJ5)..o1-CONT ACT NAME!TITLE (PRINT) SIGNATURE (IN INK) DATE

fKnrlf\CA tKu~; ... ~...__ a.J . &1~ q-.3-JJ E-MAIL ADDRBsS TELEPHONE NUMBER TOLL FR!lli..tELEPHONE NUMBER FAX NUMBER

i 11Q ~~;".!. ...... <.Dill Tc.! TO.( 0"" :'lo'!- "/ S.?i-'i o• o 3o'/-'fSJ- // t7 ''BUSINESS CLASSIFICATION ID LARGE I &<;MALL I D MINORITY-OWNED I D WOMEN-OWNED *Business Classification definitions can be viewed at httn://www.orocurement.vt.eduNendor/class.html

"'Is your Classification certified by the Virginia Dent of Minority Business Entemrise? D Yes ~o I If yes, provide Certification Number:

*For assistance with certification questions, please visit: httn://www.dmbe.state.va.us/swamcert.html

THIS IS NOT AN ORDER Revtoe<IOMW10l'

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY (VIRGINIA TECH)

INVITATION FOR SEALED BID NUMBER 0029706

Bituminous Nut and Slack Coal

I. PURPOSE:

The intent and purpose of this Invitation For Sealed Bid is to establish a term contract for Bituminous Nut and Slack Coal for Virginia Polytechnic Institute and State University (Virginia Tech), an agency of the Commonwealth of Virginia.

II. TERM OF CONTRACT: The term of this contract will be for either one (I) year with four (4) successive one-year periods or for two (2) years with three (3) successive one-year renewals.

III. EVA BUSINESS-TO-GOVERNMENT ELECTRONIC PROCUREMENT SYSTEM:

The eVA Internet electronic procurement solution streamlines and automates government purchasing activities within the Commonwealth of Virginia. Virginia Tech, and other state agencies and institutions, have been directed by the Governor to maximize the use of this system in the procurement of goods and services. We are, therefore, requesting that your.firm register as a trading partner within thee VA system.

There are registration fees and transaction fees involved with the use of eVA. These fees must be considered in the provision of quotes, bids and price proposals offered to Virginia Tech. Failure to register within the eVA system may result in the quote, bid or proposal from your firm being rejected and the award made to another vendor who is registered in the eVA system.

Registration in the eVA system is accomplished on-line. Your firm must provide the necessary information. Please visit the eVA website portal at http://www.eva.virginia.gov/register/vendorreg.htm and register both with eVA and Ariba. This process needs to be completed before Virginia Tech can issue your firm a Purchase Order or contract. If your firm conducts business from multiple geographic locations, please register these locations in your initial registration.

For registration and technical assistance, reference the eVACustomerCare(aldgs.virginia.gov, or call 866-289-7367 or 804-371-2525.

IV. CONTRACT PARTICIPATION:

College of Wilham and Mary

George Mason Un1vers11:,'

James Madison Urnversity

Old Dommmn Unntersity

Aadtord Univ11rs11)'

Virginia Commonwealth Umverst!'I

eVA website at:

It is the intent of this solicitation and resulting contract to allow for cooperative procurement. Accordingly, any public body, public or private health or educational institutions, or Virginia Tech's affiliated corporations and/or partnerships may access any resulting contract if authorized by the contractor.

Participation in this cooperative procurement is strictly voluntary. If authorized by the Contractor, the resultant contract may be extended to the entities indicated above to purchase at contract prices in accordance with contract terms. The Contractor shall notify Virginia Tech in writing of any such entities accessing the contract. No modification of this contract or execution of a separate contract is required to

2

parl!c1pate. The Contractor will provide semi-annual usage reports for all entities accessing the Contract. Participating entities shall place their own orders directly with the Contractor and shall fully and independently administer their use of the contract to include contractual disputes, invoicing and payments without direct administration from Virginia Tech. Virginia Tech shall not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Contractor to extend the contract. It is understood and agreed that Virginia Tech is not responsible for the acts or omissions of any entity, and will not be considered in default of the contract no matter the circumstances.

Use of this contract does not preclude any participating entity from using other contracts or competitive processes as the need may be.

V. SCOPE OF SUPPLY:

A. GENERAL: The contractor shall furnish and deliver bituminous nut and slack coal as described herein when ordered by Virginia Tech. The coal supplied shall be in compliance with Virginia Tech's operating permit# 2020-002, Registration# 20124. The permit and registration are kept on file at the Virginia Tech Power Plant Office.

B. SPECIFICATIONS: All bituminous nut and slack coal shall be washed and free from dirt, bone and slate and shall conform to the following:

Va. Spec. Grade A- Bituminous Nut and Slack - Size (I" x O")

Max. Volatile ASTM (D3175) - No Limit

Max. Ash ASTM (D3174-89)- 12.0%

Max. Sulfur ASTM (D4239-93)- 1.4%

Min. BTU-Dry ASTM (D2015)- 13,250/Lb.

Min. AFT ASTM (D1857)-2,700 deg. F

Free Swelling Index ASTM (D720)- 2.0 - 5.0

Moisture Content (Optimum) - 6%

Bituminous Nut & Slack - not more than I 0% fines retained on a I" sieve. Not more than 50% and not less than 30% passing the 11.'' sieve.

Specification requirements are based upon "as received", except for BTU and ASH Content which are on the dry basis. Moisture content in excess of6% shall be deducted from the net weight at the mine.

C. DELIVERY: The estimated annual delivery requirement per supplier is 10,000 to 20,000 tons each. Deliveries of coal shall be made by rail service to Virginia Tech, c/o BAE, Radford Army Ammunition Plant, Radford, Virginia using Norfolk Southern Railway. Deliveries can be accepted at the Radford Army Ammunition Plant only between April I" and November 30'h of the contract year unless otherwise agreed to by Virginia Tech prior to shipment. The scheduling of rail cars for deliveries with Norfolk Sothern shall be the responsibility of the coal supplier. The maximum number of rail cars that can be accepted per shipment is twenty (20) unless agreed to otherwise prior to shipment by Virginia Tech. All deliveries must be made using bottom dump rail cars only.

3

Prior to placing the initial order, an order will be placed by Virginia Tech with the contractor to obtain a coal sample of approximately I 0 railroad cars for testing purposes. If the coal sample is acceptable, delivery of the initial order placed by Virginia Tech with the contractor shall be made within fourteen (14) calendar days. Additional deliveries are to be made per the schedule supplied by Virginia Tech prior to the start of the delivery season.

The Contractor shall supply a copy of the coal car numbers with weight and analysis prior to the shipment to the Virginia Tech Power Plant Office, Attention: Byron Nichols, Fax# (540) 231-8599 or email: bnichols@vt.edu.

D. ALTERNATIVE DELIVERY METHOD - The coal supplier must be capable of providing truck delivery to either the Radford Army Ammunition Plant or directly to the Virginia Tech Power Plant.

E. SAMPLE TESTING: Coal furnished must comply with all specifications contained herein. Virginia Tech reserves the right to collect a sample(s) from any shipment for testing purposes. Failure of a sample to meet any of the specification requirements will result in the rejection of the shipment, which will be returned at the contractor's expense.

F. SAMPLING AND ANALYSES: In determining compliance with the requirements, Virginia Tech will employ, as nearly as practicable, sampling procedures currently approved by the U.S. Bureau of Mines and/or American Society for Testing Materials. Analyses will be made by a commercial laboratory designated by or acceptable to Virginia Tech.

G. WEIGHT: All invoice pricing shall be based on railroad weights.

VI. AWARD:

Virginia Tech reserves the right to award a contract as provided for either in Attachment C or Attachment D.

Virginia Tech will award up to two contracts on a price per ton basis to the lowest responsive and responsible bidders. The Virginia Tech Purchasing Department also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of Virginia Tech to be in its best interest.

Bidders may elect to provide pricing for either Attachment C or Attachment D or both.

VIL BID SUBMITTALS:

The following items shall be submitted with the bid:

A. The entire bid document including attachments.

B. Proximate Analysis Reports on "As Received" and "Dry Basis" of each nut and slack coal offered. Each analysis shall also provide the free swelling index. Each analysis must have been completed within six months prior to the bid opening date by a recognized commercial laboratory. Each analysis shall be submitted on the analysis report form of the laboratory which should not exceed the hardgrove grindability index of55.

VIII. METHOD OF PAYMENT:

4

Virginia Tech shall authorize payment to the contractor after each satisfactory delivery of coal and receipt of the contractor's invoice.

Payment can be expedited through the use of the Wells One AP Control Payment System. Virginia Tech strongly encourages participation in this program. For more information on this program please refer to Virginia Tech's Purchasing website: http://www.procurement.vt.edu/Department/WellsOne.html or contact the person in Procurement Department identified in the IFB.

IX. INVOICES:

Invoices for goods or services provided under any contract resulting from this solicitation shall be submitted to:

Virginia Polytechnic Institute and State University Accounts Payable North End Center, Suite 3300, Virginia Tech 300 Turner Street NW Blacksburg, Virginia 24061

X. CONTRACT ADMINISTRATION:

A. Byron Nichols, Associate Director of Utility Systems, at Virginia Tech or his designee, shall be identified as the Contract Administrator and shall use all powers under the contract to enforce its faithful performance.

B. The Contract Administrator, or his designee, shall determine the amount, quantity, acceptability, fitness of all aspects of the services and shall decide all other questions in connection with the services. The Contract Administrator, or his designee, shall not have authority to approve changes in the services which alter the concept or which call for an extension of time for this contract. Any modifications made must be authorized by the Virginia Tech Procurement Department through a written amendment to the contract.

XL PRICE SCHEDULE: (TO BE COMPLETED BY BIDDER):

See attachment C and attachment D for Price Schedule/Data Sheet

XII. ADDENDUM:

Any ADDENDUM issued for this solicitation http://www.procurement.vt.edu/html.docs/bids.php. Since a paper mailed to you, we encourage you to check the web site regularly.

XIII. TERMS AND CONDITIONS:

may be accessed at copy of the addendum will not be

This solicitation and any resulting contract/purchase order shall be governed by the attached terms and conditions.

XIV. ATTACHMENTS:

Attachment A - Terms and Conditions Attachment B - Standard Contract Form Attachment C - Price Schedule/Data Sheet Attachment D - Price Schedule/Data Sheet

5

6

ATTACHMENT A

TERMS AND CONDITIONS

Bid General Terms and Conditions

See http://www.procurement.vt.edu/html.docs/terms/GTC BID 06142013.pdf

Special Terms and Conditions

I. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this bid, no indication of such sales or services to Virginia Tech will be used in product literature or advertising. The Contractor shall not state in any of the advertising or product literature that the Commonwealth of Virginia or any agency or institution of the Commonwealth has purchased or uses its products or services.

2. AUDIT: The Contractor hereby agrees to retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. Virginia Tech, its authorized agents, and/or State auditors shall have full access to and the right to examine any of said materials during said period.

3. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that Virginia Tech shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

4. CANCELLATION OF CONTRACT: Virginia Tech reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

5. CONTRACT DOCUMENTS: The contract entered into by the parties shall consist of the Invitation For Bid, the signed bid submitted by the Contractor, the Standard Contract Form (copy attached), the General Terms and Conditions, Special Terms and Conditions, the specifications including all modifications thereof, all of which shall be referred to collectively as the Contract Documents. A separate contract will be executed by each agency, institution or public body wishing to use any contract resulting from this solicitation.

6. IDENTIFICATION OF SEALED BID ENVELOPE: If a special envelope is not furnished, or if return in the special envelope is not possible, the signed bid should be returned in a separate envelope or package, sealed and addressed as follows: VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY Procurement Department (MC 0333) North End Center, Suite 2100, Virginia Tech 300 Turner Street NW Blacksburg, Virginia 24061 Reference the opening date and hour, and Bid Number in the lower left corner of the envelope or package. If a bid not contained in the special envelope is mailed, the bidder takes the risk that the envelope, even if marked as described above, may be inadvertently opened and the information compromised which may cause the bid to be disqualified. No other correspondence or other bids should be placed in the envelope. Bids may be hand delivered to the Virginia Tech Procurement Department.

7

7. INDEPENDENT CONTRACTOR: The contractor shall not be an employee of Virginia Tech, but shall be an independent contractor. Nothing in this agreement shall be construed as authority for the contractor to make commitments which shall bind Virginia Tech, or to otherwise act on behalf of Virginia Tech, except as Virginia Tech may expressly authorize in writing.

8. INSURANCE: By signing and submitting a bid under this solicitation, the Bidder certifies that if awarded the contract, it will have the following insurance coverages at the time the work commences. Additionally, it will maintain these during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. During the period of the contract, Virginia Tech reserves the right to require the Contractor to furnish certificates of insurance for the coverage required. INSURANCE COVERAGES AND LIMITS REQUIRED: A. Worker's Compensation - Statutory requirements and benefits. B. Employers Liability - $100,000.00 C. General Liability - $500,000.00 combined single limit. Virginia Tech and the Commonwealth of Virginia

shall be named as an additional insured with respect to goods/services being procured. This coverage is to include Premises/Operations Liability, Products and Completed Operations Coverage, Independent Contractor's Liability, Owner's and Contractor's Protective Liability and Personal Injury Liability.

D. Automobile Liability - $500,000.00 The contractor agrees to be responsible for, indemnify, defend and hold harmless Virginia Tech, its officers, agents and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen to occur in connection with and during the performance of the contract, including but not limited to claims under the Worker's Compensation Act. The contractor agrees that it will, at all times, after the completion of the work, be responsible for, indemnify, defend and hold harmless Virginia Tech, its officers, agents and employees from all liabilities resulting from bodily or mental injury or property damage directly or indirectly arising out of the performance or nonperformance of the contract.

9. NOTICES: Any notices to be given by either party to the other pursuant to any contract resulting from this solicitation shall be in writing, hand delivered or mailed to the address of the respective party at the following address:

If to Contractor: Address Shown On Bid Cover Page Attention: Name Of Person Signing Bid

Ifto Virginia Tech: Virginia Polytechnic Institute and State University Attn: Kimberly Dulaney Procurement Department (0333) North End Center, Suite 2100, Virginia Tech 300 Turner Street NW Blacksburg, VA 24061

and

Virginia Polytechnic Institute and State University Attn: Byron Nichols Associate Director of Utility Systems Power Plant 350 Old Turner Street Blacksburg, VA 24061

8

I 0. QUANTITIES: Quantities set forth in this solicitation are estimates only, and the Contractor shall supply at bid prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown.

11. REGULATORY LEGISLATION: All contracts relating to the procurement of coal are subject to all rules, regulations and limitations imposed by regulatory legislation of the Federal or State Government.

9

Contract Number:

ATTACHMENT B

Standard Contract form for reference only Bidders do not need to fill in this form

COMMONWEALTH OF VIRGINIA STANDARD CONTRACT

-----------

This contract entered into this __ day of 20_, by , hereinafter called the "Contractor" and Commonwealth of Virginia, Virginia Polytechnic Institute and State University called "Virginia Tech".

WITNESSETH that the Contractor and Virginia Tech, in consideration of the mutual covenants, promises and agreements herein contained, agrees as follows:

SCOPE OF CONTRACT: The Contractor shall provide the ______ to Virginia Tech as set forth in the Contract Documents.

PERIOD OF CONTRACT: From __________ through _________ _

COMPENSATION AND METHOD OF PAYMENT: The Contractor shall be paid by Virginia Tech in accordance with the contract documents.

CONTRACT DOCUMENT: The contract documents shall consist of this signed contract, Invitation For Bid Number dated _____ , together with all written modifications thereof and the bid submitted by the Contractor dated , all of which contract documents are incorporated herein.

In WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby.

Contractor: Virginia Tech

By: _______________ By: ______________ _

Title: ---------------

10

ATTACHMENT C

PRICE SCHEDULE/DATA SHEET

Provide a price below based on the following:

1. Initial Contract Period: January 1, 2014 thru December 31, 2014.

2. Renewal of Contract: The contract may be renewed by Virginia Tech upon written agreement of both parties for four ( 4) successive one year periods.

3. Price Firmness: During the initial contract period, the price per ton shall not exceed the price shown below. Pricing for renewal periods of the contract will be negotiated by the parties approximately 200 days prior to contract expiration. Agreed upon pricing for renewal periods of the contract will be executed in writing.

PRICE PER TON FOB MINE RAIL DELIVERY TO RADFORD VA. $_7~'~· _2_5_~£~.o~.b~. f.p',\ c Pf '\)..J( <.i &~ i<..

aa. 1_5' ALTERNATE PRICE FOB MINE TRUCK DELIVERY TO VIRGINIA TECH CAMPUS$ J J -~~--

. L. r D '

COAL SEAM HAz.tlr.\ ~ '=\

WASHED __ _,_~o=------------~

LOCATION OF MINE lot.J\5& !

NAME OF MINE M e.-.J-ov..1 h. d( /I'!;"'~' c .. STRIP MINED COAL (Yes or No)_y~~~2~--

L11w tc.,c.<... (TOWN/CITY)

SHIPPING POINT 126 c.IC'.'.> Cie.& K z;, "";n ... \

(COUNTY)

c.. 'i"d w v' /

I (STATE)

RAIL DELIVERY Oo< £, LK ~ovJh,c::r"'

PROXIMATE ANALYSIS:

(ASTM) RANGE GUARANTEE

MOISTURE (03173) 5,tio - 7.o.:> 1. QO ""811-.. ASH (D3174) 8 .Q - n .. o n .... o l'VI ao..(:D' 1) VOLATILE MATTER (D3175) tv[ fl 3o Mi~ FIXED CARBON /V[ft ':f_o M~b

SULFUR (D3 l 77) o. So - /.L/O I. 'j_O Mo.lo•,) ASH SOFTENING TEMPERATURE, MINIMUM (01857) :2,'.)o<> 1.')oo t-FREE SWELLING INDEX (0720) 3.o - S,Q s: () l'Vl,t,,.

*BTU/LB (D2015) LJ.1So Mit:: GRIND '"/ 'j_- '"/ "b '18 W\ft"'-

11

ATTACHMENT D

PRJCE SCHEDULE/DATA SHEET

INSTRUCTIONS TO BIDDERS:

Provide a price below based on the following:

1. Initial Contract Period: January 1, 2014 thru December 31, 2016

2. Renewal of Contract: The contract may be renewed by Virginia Tech upon written agreement of both parties for three (3) successive one-year periods.

3. Price Firmness: During the initial contract period, the price per ton shall not exceed the price shown below. Pricing for renewal periods of the contract will be negotiated by the parties approximately 200 days prior to contract expiration. Agreed upon pricing for renewal periods of the contract will be executed in writing.

PRICE PER TON FOB MINE RAIL DELIVERY TO RADFORD VA.$ ______ _

ALTERNATE PRICE FOB MINE TRUCK DELIVERY TO VIRGINIA TECH CAMPUS$ ____ _

COAL OPERATING COMPANY

COAL SEAM _____________ _

WASHED ----------------

LOCATION OF MINE

(TOWN/CITY) SHIPPING POINT

RAIL DELIVERY

PROXIMATE ANALYSIS:

(ASTM)

MOISTURE (D3173) ASH (03174) VOLATILE MATTER (03175) FIXED CARBON SULFUR (D3177) ASH SOFTENING TEMPERATURE, MINIMUM (Dl857) FREE SWELLING INDEX (0720) *BTU/LB (D2015) GRlND

RANGE

NAME OF MINE _________ _

STRIP MINED COAL (Yes or No) ____ _

(COUNTY) (STATE)

GUARANTEE

12

Kimber1y Dulaney

RIVER TRADING COMPANY LIMITED LIABILITY COMPANY

P.O. Box 325 Catlettsburg, Kentucky 41129

Tel: 606-739-0001 • Fax: 606-739-0103

September 3, 2013

Assistant Director and Contracts Manager Virginia Polytechnic lnstttu1e and State University

RE. Invitation for Sealed Bid # 0029706 coal proposal

Dear Kimber1y:

River Trading Company is pleased to submit the attached proposal for review and consideration in response to your recent Solicitation.

Quantity: Approximately 40,000 tons annually. January 1, 2014 through December 31, 2014. The contract may be renewed by Virginia Tech upon writ1en agreement of both parties for four (4) successive one year periods.

Type: 1 x 0 product

Price $71.25 per ton FOB rail car Docks Creek Terminal sighting# 0866 Price $99.25 per ton FOB truck delivery to Virginia Tech Campus

S11ecifications Range Guarantee Moisture: 5.00/7.00% 7.00% maximum Ash: (Ory) 8.00 / 12.00% 12.00% maximum Sulfur (Dry) 0.80 / 1.40% 1 .40% maximum BTU: (Dry) 13250 minimum Volatile (AR) NIA 30 minimum Fusion: 2700 2700+ FSI 3.0 / 5.0 5.0 maximum Fixed Carbon NIA 30 minimum Grind 44 / 48 48maximum Passing Y. screen <50.00%

Coal offered is subject to prior sale and subject to agreement of the River Trading Company "Coal Supply Agreement".

Thank you for the opportunity to quote on your coal requirements. River Trading Company has been serving the industrial and utility coal markets for over 20 years and is an industry leader in quality coals and service. vv_'l-/V'. rt(Cltc!curn

We look forward to filling your coal requirements in the near future. If you have any questions or need further information, please contact me.

{;{. regards(;{~

Rod~binson VP- Eastern Division

MINERAL LABS, INC. Box 549

Salyersville, Kentucky 41465 Phone (606) 349-6145

rQompany CERTIFICATE OF ANALYSIS

-1

L

RIVER TRADING COMPANY 559 LIBERTY HILL CINCINNATI, OHIO 45202 6848

Lab No. 013024360

Date Rec'd. 4/29/2013

_ J Date Analyzed 4/29/2013

2665

SAMPLE IDENTIFICATION AS SUPPLIED BY SAMPLER DOCKS CREEK

Sampled By •LAB Sampled Type: AUTOMATIC

20 TRAIN CARS VAV 52

•OBSERVED AUTOMATIC SAMPLER

< o33o2- 99 > o/o Moisture D3302-10

6.52 As Rec'd.

Dry Basis

M.A.F-B.T.U. (Calculated)

Free Swelling Index No. D720-91 (2010)

Grindability Index No. 0409-11

4

45

%Ash D3174-04

8.70

9.31

% Volatile D3175-11

33.59

36.33

ll 4749-87 (2007) I --··· SCREENTWETSlEVEAN-AL_Y_S_IS . -------1 L _____ SIZE ·--- ------ - "A, v.rr~!"IETAll'±_E_[)J,_

% Fixed Carbon BTU°' % Sulfur (Calculated) 50.82

D5865-10 12,634

D4239-11 0.88

54.36 13,515 0,94

14,902

-FUSION TEMPERATURE Of ASH- R_ed1-1~ing Q!CJ.O.il-!ng 01857-04 xxx Initial 2700+,F 'F

Softening 2700+,F xxx "F

Hemlspttericaf 2700+,F xxx 'F

Fluid 2700+,F xxx 'F

+ 1 1. 34% WEIGHT DETERMINATION

1 x 1/4 1/4 x 0

T\-JIS OOl:UMfN'f CAN~JOT 81'. r1Ff'PDDl;C[JI f:XCEP"I IN !U!.t, WffHOUT 1/\IRITTEN /li'PnOVA, o;;: TH[: AtK!P1'.T<'Jf1Y

48.07% 50. 59'l'.

100.00'l'.

Average Light Draft x x x

Average Loaded Draft x x x

x x x Tons Weight of Coal Loaded

9047909 7