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AMENDMENT NO. 1 HAWK'S NEST COAL SILO FACILITY RECLAMATION PROJECT RN-COAL-MINES-9 1. Special Conditions Bidding Information- Time of Completion The Time for completion allowed for this project is hereby extended an additional 65 days to a total period of 90 calendar days after receipt of the Notice to proceed. The Division of Purchasing and the Division of Minerals and Geology may determine that the Hawk's Nest Reclamation Project be conducted as a "Contract" rather than a "Purchase Order". If a "Contract" is deemed necessary, the start-up date will be postponed until all contract documents are finalized. Bidders Attendance List See Attached Revised Bid Schedule The Bid Schedule has been revised to reflect the Denver Rio Grande Flagman at an hourly rate of $45.00/hour. The hours outlined in item 5 are not guaranteed. Three-Way Agreement and Insurance Attached is the revised insurance contract between the Denver Rio Grande Western Railroad and the CONTRACTOR. Any questions regarding this contract should directed to Jerry Pearson of the Denver Rio Grande Western Railroad at 634-2067. The three-way agreement will be between the Division, the CONTRACTOR, and Mountain Coal Company. The three-way agreement has been revised to include the statement; " The CONTRACTOR agrees to clear and restore the railroad track as promptly as possible, and in no instances will the CONTRACTOR cause the track to remain closed for greater than 48 hours. If the railroad track remains closed for more than 48 hours, CONTRACTOR shall pay to Mountain Coal Company a penalty of $1,000 per hour for each hour the track remains closed beyond the initial 48 hour period. The track shall be considered closed if entire (i.e., broken) trains cannot be loaded at Mountain Coal Company's West Elk Mine as a result of the Hawk's Nest Mine Coal Silo Demolition Reclamation Project." Exact days for railroad closure are not guaranteed.