nm3clol-public/Amys_Drop_Box/Project Reclaim II - Final Inspection/Project Reclaim - Phase II/README.md

---
type: document
title: Project Reclaim - Phase II
file: ../Project Reclaim - Phase II.pdf
tags:
  - Amys_Drop_Box
  - Project Reclaim II - Final Inspection
docDate: 2020-12-28
contentType: application/pdf
contentLength: 708244
sha256sum: e394be15a42c22ef901a7568aedc816f239e0b204b6bb93d7f2de1bae8921b68
sha1sum: 9e38564deb5d17b0173ba865538dc8134dcc8e84
---

AML PILOT PROGRAM SUBAWARD CONTRACT

Department of Mines, Minerals and Energy and
Russell County Reclamation, LLC

Contract Number: P091806

This AML Pilot Project subaward CONTRACT, made and entered into this 28th day of December,
2020, by and between the Commonwealth of Virginia, acting by and through the Department of
Mines, Minerals and Energy, Division of Mined Land Reclamation (hereinafter called “DMME”),

and Russell County Reclamation, LLC (hereinafter called “SUBRECIPIENT”

WITNESSETH:

WHEREAS, DMME is the agency of the Commonwealth of Virginia delegated the duties
and powers to implement and enforce the Virginia Coal Surface Mining Control and Reclamation
Act of 1979, Va, Code $§ 45.1-226 et seq., and the regulations promulgated thereunder (herein “State
Program”), as the same may be or become effective at any time or from time to time, as the
Commonvwealth’s permanent state regulatory program and abandoned mine land reclamation program
approved pursuant to the federal Surface Mining Control and Reclamation Act of 1977, (herein
referred to as “SMCRA”).

WHEREAS, as part of its State Program, DMME has an approved abandoned mine land
reclamation program (herein “AML Program”) as codified in Va. Code §§ 45.1-260 et seq. The
AML Program requires DMME to annually prepate and submit to the United States Secretary of
Interior applications for funding, including the implementation of specific AML reclamation projects;

WHEREAS, consistent with the Consolidated Appropriations Act, 2018 (Public Law 115-
141), the Department of the Interiors (DOT) Office of Surface Mining Reclamation and Enforcement
(OSMRE) had made funding available for projects in the Abandoned Mine Land Reclamation
Economic Development Pilot Program 2018 AML Pilot. The 2018 AML Pilot has provided the

Commonwealth of Virginia with a grant award of $10 million to accelerate the remediation of AML




sites with economic and community development end uses. This 2018 AML Pilot is an opportunity
for local communities and states to return impacted areas to productive reuse to achieve the economic
and community development goals identified for the community and/or region.

WHEREAS, the SUBRECIPIENT has submitted a complete grant application (Application)
(Attachment B.2) under the terms of the 2018 AML Pilot Program (Attachment B.1) for the Project
Reclaim Phase Il Project located in the South Clinchfield section of Russell County, Virginia. With
the AML features and land adjacent to these AML features known to DMME, the SUBRECIPIENT
will place an additional 174,000 cubic yards of backfill material that will produce final grade(s) that
are more uniform and level in elevation to further enhance the new industrial site. This work shall
be hereinafter called the PROJECT.

WHEREAS, the Application has been reviewed by the AML Pilot Advisory Committee and
submitted to OSMRE for vetting; and

WHEREAS, the OSMRE has determined that the applicant is approved for Subrecipient
Status (Attachment B.4); and

WHEREAS, the OSMRE is satisfied with the concept of the Project and that it meets the
intent of the AML Pilot program and has given the DMME notice to move forward by the issuance
of a Letter to Proceed with project development (Attachment B.3); and

WHEREAS, the SUBRECIPIENT has completed Project Development which included
preparation of an Environmental Assessment, Scope of Work, and project plans (Attachments A.1,
B.7, C); and

WHEREAS, the DMME has reviewed the project plans and the Environmental Assessment
has been submitted for OSMRE approval and a Finding of No Significant Impact (FONSI) and
Authorization to Proceed (ATP) (Attachment A.2) have been obtained from OSMRE; and

WHEREAS, the DMME and the OSMRE have determined that the PROJECT meets

identified characteristics and terms established for AML Pilot; and




WHEREAS, AML Pilot Program projects such as this PROJECT are government-financed

via a subaward from DMME through its grant award from the 2018 AML Pilot and the DMME

under the OSMRE’s approval has authority to reimburse the Subrecipient out of the AML Pilot

Grant for funds expended on project costs. The DMME and the OSMRE accepted and approved

funding based upon the proposed preliminary project budget (Attachment B.5) and DMME has

accepted a revised project budget (Attachment B.6)

WHEREAS, the SUBRECIPIENT will comply with the Environmental Assessment

(Attachment A.1), Scope of Work (Attachment B.7), budget (Attachment B.6), and detailed project

plans (Attachment C) as required by the DMME and the OSMRE.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants

hereinafter contained, the parties agree as follows:

I OBLIGATIONS OF SUBRECIPIENT - SUBRECIPIENT shall:

1

Prepare and provide to DMME a detailed construction plan for the Project, which
corresponds with the approved Scope of Work.

Allow the DMME to inspect, review and comment on the Project plan design and
any future amendments, changes, or modifications. A copy of the final Project plan
design approved by DMME is attached as Attachment C, which this plan is
incorporated herein and made a part thereof.

Strictly adhere to the OSMRE 2018 AML Pilot funding objectives contained in
Attachment B.| hereto and made a part hereof, the AML Subaward, and the
obligations of the SUBRECIPIENT contained within this CONTRACT (herein
“Award Conditions”).

Compliance with Federal Rules and Regulations: Funding for this CONTRACT is
authorized through the Catalog of Federal Domestic Assistance (CFDA) #15.252.

Expenditures made and services provided pursuant to this CONTRACT shall be in

3




accordance with 2 CFR Part 225, “Cost Principles for State, Local, and Indian Tribal
Governments” (OMB Circular A-87), and OMB Circular A-133, “Audits of States,
Local Governments and Non-Profit Organizations.” Since the SUBRECIPIENT is a
for-profit organization, it is governed by 48 CFR Part 31, Contract Cost Principles and
Procedures. The SUBRECIPIENT also is governed by the administrative
requirements of 10 CFR 600, Federal Financial Assistance Regulations. Any apparent
inconsistency between Federal statutes and regulations and the terms and conditions
contained in this award must be referred to the OSMRE Award Administrator for
guidance. It is the responsibility of the SUBRECIPIENT to identify such an
inconsistency and bring it to the attention of DMME. The SUBRECIPIENT shall
adhere, and require adherence by all recipients, subrecipients, vendors and
subcontractors performing work required by this CONTRACT, to the federal rules as
noted.

Provide and pay all funds required to complete construction of the PROJECT site
within the specified time period in accordance with the approved construction design,
including but not limited to the costs of all permits, licenses, land acquisitions, and/or
rights-of-way and easements pursuant to the Award Conditions.

Maintain on the PROJECT site all information required by 4 VAC 25-130-707.12
including a description of the Project, the exact location and boundaries of the
PROJECT and that the DMME administration of the PROJECT is being financed
with federal funds through its 2018 AML Pilot Program Grant.

Prior to commencement of construction at the PROJECT site, ensure that the Final
Construction Design Plan and/or addenda, amendments thereto are in accordance with

the Award Conditions. Any addenda or amendments to the Construction Design Plan




10.

i

12.

13.

14,

and/or construction documents shall be approved in writing by DMME and OSMRE
prior to their execution, issuance and/or implementation.

Provide to DMME copies of all documents and addenda the SUBRECIPIENT uses
in contracting for the performance of construction work for the PROJECT if any.
Afford DMME personnel notice of and opportunity to attend and participate in all pre-
construction conferences, and other relevant meetings concerning the PROJECT, if
any,

Provide free and reasonable access by DMME and OSMRE personnel to the
PROJECT site for the purpose of conducting weekly, or more frequent if necessary,
inspections.

Upon completion of the work required by the Construction Plan, provide DMME with
a copy of “as built” drawings of the PROJECT and/or a certification of completion.
Designate a Project Director who shall be knowledgeable of and responsible for
PROJECT activities and who shall act as the contact between DMME. and
SUBRECIPIENT.

Provide DMME with written monthly progress reports within fifteen (15) days
following the end of each calendar month after this CONTRACT is fully executed.
The report shall include all work accomplished, difficulties or delays encountered
along with necessary remedial actions(s), and a schedule of future work.

Provide to DMME written verification that all easements, licenses, and applicable
federal, state, or local permits or clearances required for the performance of the work
required to complete the PROJECT have been obtained prior to start of any work on

the PROJECT.




15.

16.

17.

Provide professional supervision of all construction work performed at the PROJECT
site to ensure that the completed work conforms to the approved Final Construction
Plan.

Certify and acknowledge that the PROJECT boundaries and limits are as delineated

on Attachment A.3, and that no work outside said boundaries and limits shall be

ligible through the AML AWARD or covered under the terms of this CONTRACT.

Provide proof to DMME that the SUBRECIPIENT shall require its contractors to

maintain in full force and effect during the terms of this CONTRACT a public

liability insurance policy:

(a) Worker’s Compensation — Statutory requirements and benefits. Coverage is
compulsory for employers of three or mote employees, to include the employer.
Contractors who fail to notify the Commonwealth of increases in the number of
employees that change their workers’ compensation requirements und the Code of
Virginia during the course of the CONTRACT shall be in noncompliance with the
contract.

(b) Employers Liability - $100,000.

(c) Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the
aggregate, Commercial General Liability is to include bodily injury and property
damage, personal injury and advertising injury, products and completed operations
coverage. The Commonwealth of Virginia shall be added as an additional insured
to the policy by an endorsement. Coverage shall not exclude claims resulting
_from explosion, collapse or underground damage.

(d) Automobile Liability - $1,000,000 combined single limit (required only if'a motor

vehicle not owned by the Commonwealth is to be used in the CONTRACT).




18.

19.

20.

21.

SUBRECIPIENT must assure that the required coverage is maintained by the

SUBRECIPIENT (or third party of such motor vehicle).
The SUBRECIPIENT shall indemnify, defend and hold _ harmless
DMME/Commonwealth of Virginia, its agents, officers, employees, and designated
representatives from any claims, damages, suits, actions, liabilities and costs of any
nature or kind, whether at law or in equity, arising from or caused by performance by
the SUBRECIPIENT or its agents, whether for design or construction of the
PROJECT, or from the use of any materials, goods, or equipment of any kind or
nature or any service of any kind, provided that such liability is not attributable to the
sole negligence of the DMME. Nothing contained herein shall be deemed an
expressed or implied waiver of the sovereign immunity of DMME/Commonwealth
of Virginia.
Neither the SUBRECIPIENT, its officers, agents, employees, assignees, whether for
design or construction of the PROJECT, shall be deemed employees of the
Commonwealth of Virginia or of DMME by virtue of the PROJECT, the location
of the PROJECT, or the 2018 AML Pilot Award.
Upon completion of any audit of the PROJECT conducted under OMB Circular A-
128, promptly provide the DMME with a copy of any and all such audit reports.

The SUBRECIPIENT shall ensure that their contractors are responsible for
sequencing, scheduling, coordinating, and monitoring the progress of the work as well
as taking appropriate action to keep the work on schedule. The SUBRECIPIENT shall
prepare and submit to the agency after signing the contract, a contract performance
schedule for accomplishing the work based upon the completion time stated in the
contract.

The SUBRECIPIENT shall include in all Project Invitation for Bid packages the
DMME supplied Applicant Violator System (AVS) form (OMB #1029-0119)
(ATTACHMENT D.2). All bidders must submit the completed form with the required

7




23.

24,

25.

Project bid documents. Any subcontractors, which will earn more than 10 percent of
the AML Pilot portion of the project, shall submit the Applicant Violator System
(AYS) form documentation prior to the award of the bid(s) to the prime contractor.
All engineering contractors to be selected for the project design awards shall also
submit the Applicant Violator System (AVS) form. Prior to the award of any such
contract(s), the form(s) will be submitted to DMME for the required AVS check to
confirm bidder eligibility by the use of the Applicant Violator System. The Project
award may not be made until the AVS check has been completed. Pursuant to the
provisions of 30 CFR § 874.16, the DMME may direct the rejection of any
contractor(s), subcontractor(s), or engineering firm(s) if the AVS review determines
the entity, at the time of contract award, is not eligible to receive a permit or
conditional permit to conduct surface coal mining operations under the Virginia Coal

Surface Mining Reclamation Regulations.

Commit to no CONTRACT or CONTRACT extension whose performance could
extend beyond the 28th day of December 2023, the expiration date of the AML Pilot
Award,

Agree to not let the project be idled for a cumulative period exceeding sixty (60) days
and to return to work forces and equipment upon request of DMME at the end of the
sixty-day period. SUBRECIPIENT’s failure to perform this part may result in
termination of the CONTRACT and default under Articles X and XI

ANTI-DISCRIMINATION
A. During the performance of this CONTRACT, the SUBRECIPIENT agrees
as follows:

1. The SUBRECIPIENT and its Contractors shall not discriminate
against any employee or applicant for employment because of race,
religion, color, sex, national origin or disabilities, except where
religion, sex, or national origin is a bona fide occupational qualification

reasonably necessary to the normal operation of the SUBRECIPIENT
8




ith

or its Contractor exists. The SUBRECIPIENT agrees to, and will
require its Contractors to, post in conspicuous places, available to
employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.

2. The SUBRECIPIENT, in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT or its
Contractors, will state, and require that its Contractors state, that such
SUBRECIPIENT or Contractor is an equal opportunity employer.

3. Notices, advertisements and solicitations placed in accordance with
federal law, rule or regulation shall be deemed sufficient for the
purpose of meeting the requirements of this Section.

B. The SUBRECIPIENT and its Contractors will include the provisions of the
foregoing paragraphs 24.A.1; 24.4.2; and 24.A.3 in every subcontract or
purchase order over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.

CERTIFICATIONS:

The SUBRECIPIENT assures and certifies to the DMME that it is, to the best of its

knowledge and belief, in compliance, and will continue in compliance, and it will require that

its Contractors conform, to the following Acts, as amended:

1 State and Local Government Conflict of Interests Act;
2. General Assembly Conflict of Interests Act;
3. Virginia Freedom of Information Act;

4. Virginia Fair Employment Contracting Act;

5. Virginia Governmental Frauds Act;




10.

ll.

12,

Virginia Public Procurement Act and related Agency Procurement and Surplus
Property Manual;

Virginians with Disabilities Act;

Americans with Disabilities Act;

Buy American Act (41 USC Chapter 83)

Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871)

Federal Immigration Reform and Control act of 1986; and

Federal statutes relating to nondiscrimination, including but not limited to:

Title V1 of the Civil Rights Act of 1964 (P.L. 88-352) (prohibits discrimination
on the basis of race, color or national origin);

Title IX of the Education amendments of 1972, as amended (20 U.S.C.
Sections 1681-1683, and 1685-1686) prohibits discrimination on the basis of sex;

Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C., Section
794) prohibits discrimination on the basis of handicaps;

The Age Discrimination Act of 1975, as amended (42 U.S.C., Sections 6101-
6107) which prohibits discrimination on the basis of age;

The Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255), as amended,
relating to non-discrimination on the basis of drug abuse;

The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism:

Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C., 290
dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse

patient records;




13.

14,

15.

16.

17.

Title VIII of the Civil Rights Act of 1968 (42 U.S.C., Section 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing;
and/or any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made, and the requirement on any other
nondiscrimination statute(s) which may apply to the AML PILOT AWARD or this
CONTRACT.

Federal Lobbying Act, 31 U.S.C.A., Section 1352 (entitled, “Limitation on use of
appropriated funds to influence certain Federal contracting and financial transactions,
and the Virginia Lobbying Disclosure and Regulation Act, Sec, 2.1-779 through 2.1-
794, Code of Virginia, 1950 as amended, including, without limitation, obtaining and
delivering to the DMME all necessary certifications and disclosures.

Title II and III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of
persons displaced or whose property is acquired as a result of Federal and federally
assisted programs. These requirements apply to all interest in real property acquired
for PROJECT purposes regardless of Federal participation in purchases.

Hatch Act (5 U.S.C., Sections 1501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment activities are funded in whole or
in part with Federal funds.

Copeland Act (40 U.S.C., Section 276c and 18 U.S.C., Section 874), the Contract
Work Hours and Safety Standards Act (40 U.S.C., Sections 327-333) regarding labor
standards for federally assisted construction sub-contracts.

Flood insurance purchase requirements of Section 102(a) of the Flood Disaster

Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood




18.

19,

20.

21.

hazard area to participate in the program and to purchase flood insurance if the total

cost of insurable construction and acquisition is $10,000 or more.
Environmental standards which may be prescribed pursuant to the following: (a)
institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514;
(b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance
with EO 11988: (e) assurance of Project’s consistency with the approved State
management program developed under the Coastal Zone Management Act of 1972
(16 U.S.C, Sections 1451 et seq.); (1) conformity of Federal actions to State (Clean
Air) Implementation Plans under Section 176 (c) of the Clean Air Act of 1955, as
amended (42 U.S.C., Section 7401 et seq.); (g) protection of underground sources of
drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-
523); and (h) protection of endangered species under the Endangered Species Act of
1973, as amended, (P.L. 93-205).

Wild and Scenic Rivers Act of 1968 (16 U.S.C., Sections 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers
system,

The SUBRECIPIENT shall assist the DMME in assuring compliance with Section
106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470),
EO 11593 (identification and preservation of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-I et seq.).

40 CFR 122-EPA Storm Water Regulations; PL 92-500, Section 404 - Utility
Crossings of Navigable Waters — U.S. Army Corps of Engineers; Code of Virginia,

Title 10.1, Chapter 5, Article 4 - Erosion and Sediment Control Law ~ Soil and Water

2




Conservation Commission; VR 625-02-00 — Erosion and Sediment Control
Regulations; Code of Virginia, Title 62.1, Chapter 3.1, Article 44 — State Water
Control Law; VR 680-15-02 - Virginia Water Protection Permit; Code of Virginia,

Title 62.1, Chapter 3 — Sub-aqueous Bed Permit ~ Marine Resources Commission.

Il, OBLIGATIONS OF DMME
DMME will:

1. Review and submit to the SUBRECIPIENT comments on the Construction Plan to
monitor adherence to AML Award conditions and obligations.

2. Provide administration of the PROJECT, document the costs and expenses incurred
by DMME, document the findings necessary to qualify the PROJECT as a
government financed construction project as contemplated by Va. Code § 45.1-253.2
and 4 VAC 25-130 Part 707 of VSMCRA, including those costs noted in the NEPA
document.

3. Document eligibility of the PROJECT for funding by securing an Authorization to
Proceed from the federal Office of Surface Mining,

4. Designate a PROJECT Inspector to monitor the site and to serve as contact to the

SUBRECIPIE!

Provide the SUBRECIPIENT with consultations and information that are available
and reasonably required for PROJECT purposes.

6. SAFETY INSPECTIONS OF CONSTRUCTION EQUIPMENT ON JOB SITE:

IME reserves the right to conduet safety inspections of contractor and/or sub-
contractor owned or leased equipment delivered to or present at an AML construction
site. DMME shall conduct a pre-construction safety inspection of all equipment at the

site as identified on the equipment list for the PROJECT as provided by the

13




contractor. If any previously unidentified equipment is delivered to the site for use,

the contractor shalt contact the Inspector/Contract Administrator to conduct a safety
inspection of that equipment. DMME may also conduct equipment safety inspections
at any time during the Contract period while the equipment is on site. The
SUBRECIPIENT will require all contractors to adhere to these stipulations.
Inspections shall be in accordance with established DMME inspection criteria and
evidenced by a safety inspection checklist (Attachment D.1). DMME requires that the
contractor perform a daily pre-shift inspection of all equipment prior to its use each
day. DMME can provide a template of the Surface Equipment Inspection Pre-
operational Exam Checklist upon request.

Upon receipt and approval of once monthly invoices, reimburse the SUBRECIPIENT

for costs incurred by the SUBRECIPIENT in compliance with the CONTRACT and

necessary for completion of the PROJECT. For the purpose of this CONTRACT,
“incurred” shall mean any invoice or request for payment paid by the
SUBRECIPIENT or waiting payment under the PROJECT. Reimbursement will be
made in accordance with the Commonwealth of Virginia’s Prompt Pay requirements
and DMME procedures. The DMME shall withhold 5% retainage on all invoices
except for project development expenditures. Separate requests for payment should be
submitted for project development and construction expenditures.

Upon receipt of proper invoicing, provide the SUBRECIPIENT with reimbursement for

the approved actual cost and up to, but not exceeding $1,645,340.00 for engineering and

construction services for the PROJECT described in this CONTRACT.

TERM OF CONTRACT

This CONTRACT shall be effective as of the 28th day of December 2020 and shall

expire thirty-six (36) months thereafter on 28th day of December 2023

“4




v.

Vi.

EXCESS COSTS

If the SUBRECIPIENT performs, allows or causes work to be performed or accepts
a bid which exceeds the line allocations set forth in the PROJECT budget attached hereto as
Attachment B.6, as amended and approved by DMME from time to time, which make up the
$1,645,340.00 appropriation for Engineering and Construction Services, the
SUBRECIPIENT shall bear any and all such excess costs, it being understood between the
parties that under no circumstances shall DMME be liable for the payment of and/or
reimbursement to the SUBRECIPIENT of costs in excess of those approved by the DMME
as part of the PROJECT budget but in no event in excess of the respective caps set forth for
design or construction in this section.

FINANCIAL/COMPLIANCE RECORDS AVAILABILITY

The SUBRECIPIENT agrees to retain and provide reasonable access to all books,
records, and other documents relative to this CONTRACT for five (5) years after final
payment or until otherwise notified by DMME, whichever is later. DMME, its authorized
agents, and/or State and Federal auditors shall have full access to and the right to examine any
of said materials during said period at reasonable times and upon 24 hours advance notice.
CONSTRUCTION ASSURANCES,

The SUBRECIPIENT hereby assures and certifies that they shall comply with the
laws, regulations, policies, guidelines and requirements and use of Federal funds for this
federally funded Project. Also, the SUBRECIPIENT gives assurance and certifies that:

1 The SUBRECIPIENT shall cause work on the PROJECT to be commenced within
a reasonable time after NOTIFICATION TO PROCEED from the DMME and that
the SUBRECIPIENT will execute the PROJECT to completion with reasonable
diligence. The SUBRECIPIENT will keep the DMME informed of PROJECT

progress and delays.




VIN.

2. It is anticipated that the SUBRECIPIENT may convey the Property, including
the PROJECT, and facilities located thereon to the Industrial Development
Authority of Russell County, Virginia, a political subdivision of the
Commonwealth of Virginia, prior to the completion of the PROJECT.
Notwithstanding such a conveyance, the SUBRECIPIENT shall remain

committed to completing the PROJECT in all respects in accordance herewith.

3. During the term of this CONTRACT, the SUBRECIPIENT shall not dispose of,
modify the use of, or change the terms of the real property title, or other interest in
the Property, including the PROJECT, and facilities without permission and
instructions from the DMME. The SUBRECIPIENT shall record the federal
interest in the title of Property in accordance with DMME directives and shall
include a covenant in the title of real property acquired in whole or in part with
Federal assistance funds to assure nondiscrimination during the useful life of the
PROJECT. The SUBRECIPIENT shall adhere to 30 CFR part 879.14 and 879.15
for Property management and disposition.

EXECUTION OF CONTRACT

This CONTRACT shall be executed on behalf of the SUBRECIPIENT by such
person or persons as are authorized to act on behalf of the SUBRECIPIENT pursuant to law
and on behalf of the DMME by the Division of Mined Land Reclamation (DMLR) Director

of the Department of Mines, Minerals and Energy.

OBLIGATION TO COMPLETE
If the delivery of supplies, services, materials or equipment is not fully performed in
accordance with the terms of the CONTRACT by the time specified in the CONTRACT, the

SUBRECIPIENT agrees to complete the remaining or incomplete work at its own expense;




Ix.

except that the accomplishment be delayed by any act, negligence, or default on the part of
the Commonwealth or OSMRE, public enemy, war, embargo, fire, explosion or Act of God
(including without limitation, adverse weather conditions) not caused by the negligence or
intentional act of the SUBRECIPIENT or its supplier(s), or by riot, sabotage, or labor trouble
that results from a cause or causes entirely beyond the control or fault of the contractor or his
supplier(s), a reasonable extension of time as the procuring public body deems appropriate
may be granted. Upon receipt of a written request and justification for an extension from the
SUBRECIPIENT, the DMME will submit the extension request to the OSMRE. OSMRE
has the sole authority to approve the amendment for an extension for the performance of the
CONTRACT or delivery of goods.

It shall also be known and understood by both parties that if the CONTRACT expires
and the delivery of supplies, services, materials or equipment has not been fully performed in
accordance with the terms of the CONTRACT, it is determined the Commonwealth is not at
fault, and grant funding for the CONTRACT has expired, the subrecipient shall, at the
SUBRECIPIENT’s sole cost and expense, complete its obligations under the CONTRACT.
INTEGRATION AND MODIFICATION

This CONTRACT constitutes the entire understanding between the
SUBRECIPIENT and DMME. No alteration, amendment or modification in the provisions
of this CONTRACT shall be effective unless it is reduced to writing, signed by the parties,
and attached hereto.

TERMINATION OF CONTRACT

Any failure by a party to perform any obligation under this CONTRACT shall
constitute a breach of the CONTRACT. Upon breach of the CONTRACT by a party, the
other party may, at its option, declare its intention to terminate the CONTRACT unless the
breach is cured by the party breaching the CONTRACT. Such declaration shall be in writing

7




XL

to the party in breach stating the intention to terminate, the reason(s) therefore and the action
necessary to cure the breach. Upon receipt of notice of intention to terminate, the party in
breach shall have 60 days to take the curative action and avoid termination. The DMME shall
not be obligated to pay for any services or work performed after the notice of intention to
terminate.
DEFAULT

In case of SUBRECIPIENT’s failure to deliver goods or services in accordance with
the CONTRACT terms and conditions, DMME, after due oral or written notice, may procure
them from other sources and hold the subrecipient/contractor responsible for any resulting
additional purchases and administrative cost. This remedy shall be in addition to any other
remedies, which the Commonwealth may have. The DMME may also act to forfeit
SUBRECIPIENT’s bond in accordance with regulations promulgated under 45.1-247 of the

Code.

18




XI NOTICE
Any notice required hereunder shall be made in writing to the applicable party at the

following addresses:

DMME SUBRECIPIE!
Lesa C. Baker Kevin Large

AML Projects Coordinator Russell County Reclamation, LLC
3405 Mountain Empire Road 2700 Lee Highway

Big Stone Gap, VA 24219 Bristol, VA 24202

Phone No. 276-523-8216 Phone No. 276-669-7851

ADDITIONAL NOTIFICATIONS
For purposes of this CONTRACT, the notice shall be deemed reccived if mailed by
certified mail, return receipt requested to the above addresses on the date of the first notice of
delivery by the post office. Failure to pick up the notice in response to the notices of delivery
shall not constitute a defense to receipt hereunder.
XIII. NON-WAIVER CLAUSE
No review, approval, acceptance of nor payment for any of the services required by

DI

IME shall be construed to operate as a waiver of any rights of or any cause of action arising
out of the performance of the CONTRACT. Notwithstanding any contrary provision

contained herein, the SUBRECIPIE.

shall be and remain liable to the D)

[ME for all costs
of any kind which are incurred by the DMME as a result of a negligent act, errors or omissions
of the SUBRECIPIENT or its Contractor in the performance of any of the services furnished.

XIV. GOVERNING LAW

This CONTRACT shall be deemed executed in Wise County, Virginia. The
execution, interpretation and enforcement of this CONTRACT shall be governed by the laws

of the Commonwealth of Virginia without regard to any conflict of laws or principles.

19




XV. _NON-APPROPRIATION
All contracts for products and services and all payment obligations under the 2018
AML PILOT AWARD and this CONTRACT are subject to appropriated AML funds being
available for expenditure for that purpose. The DMME shall promptly notify the
SUBRECIPIENT of any action denying such funding. In such event, any outstanding
CONTRACT shall be cancelled without further obligation to the extent the affected products

or services have not yet been duly delivered and accepted.
If any purchases are to be supported by federal funding, and such funding is not made
available, the DMME may terminate the contracts for goods or services, which are so

dependent on such federal funds without further obligation.




XVI. ENTIRE CONTRACT
This CONTRACT incorporates and contains the entire CONTRACT and
understanding between the parties. There are no oral understandings, terms or conditions not
herein recited, and neither party has relied upon any representations, expressed or implied,

not incorporated or contained in this CONTRACT and its attachments.

IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT by their duly

authorized representatives as of the day and year fist above written.

COMMONWEALTH OF VIRGINIA
DEPT. OF MINES, MINERALS & ENERGY
RUSSELL COUNTY RECLAMATION, DIVISION OF MINED LAND

LLC RECLAMATION
wv Ke 2K ov. Meal RA.
Executive Director Interim DMLR/DM Director
(Title) (Title)

P1808 A

la. Ll [20 /2- 28- 2270
(Dat (Date)

2




Al

AQ

AB

ATTACHMENT A

Environmental Assessment
Finding of No Significant Impact (FONSI) and Authorization to Proceed (ATP)

NEPA Consultation Boundary (i.e. Project Boundary) Map

2




Bl

B2

B3

B4

B.S

Bo

B7

ATTACHMENT B
2018 AML Pilot Guidance Document
Vetted project application
Letter to Proceed with Project Development from OSMRE
Subrecipient Approval Notice
Preliminary Budget ($1,645,340.00)
Project Budget ($1,645,340.00)

Scope of Work

23




cl

ATTACHMENT C

Construction Plan and Project Drawings

24




DA

D2

Attachment D
Equipment Safety Inspection Checklist

Applicant Violator System form (OMB 1029-0119) and Instructions