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FROM MinersiNorthern <br />February 25, 1994 <br />PHONE N0. 3036862985 <br />MINERS INC <br />CONS'fRL1CT10N SPEC1ALiSTS <br />MINING and CIVIL. GONSTRUCTION <br />Division of Minerals and Geology <br />1313 Sherman St. Room 215 <br />Denver, CO 80203 <br />Attentbn: Erica Crosby <br />Feb. 2B 1994 02:49PM P02 <br />sss <br />Subject: Equitable cost adjustmerrt due to Seasonal Conditions, Hawk's Nest Coal Silo <br />Demolition Redamatan Project <br />Dear Ms. Crosby, <br />The Hawk's Nest Coal Silo Demolition Reclamation Project was originally scheduled to start <br />on November 22, 1993. Due to conflicts and the subsequent lengthy negotiations a delay <br />resulted in the issuance of Notice to Proceed <br />Miners recieved Notice to Proceed on February 3, 1994 and since that time the weather at <br />the project site has been unfavorable. However, Miners has continued diligently to proceed <br />with the execution of the work. Miners has endeavored to meet the project schedule and <br />subsequenty not adversely impact the operations of other parties (i.e., West Elk Coal Mine, <br />DMEA and the Rio Grand Railroad). <br />This diligence has resulted in additional costs not anticipated by Miners when the original bid <br />rolect was prepared and Miners now requests an equitable cost adjustrt+ent of <br />53,735. due to seasonal conditions beyond our control. <br />Paragraph 1.3 of the contract specifications' states that "If remobilization becortles <br />necessary due to seasonal conditions beyond the Contractor's control, remobilization cost will <br />be paid based on documented actual casts." <br />Since the impact of demobilizing and subsequently remobilizing would have resulted in the <br />loss of opportunity to tarty out the project and not adversely affect other parties and would <br />have resulted in higher costs than those now being requested, Miners continued to proceed <br />with the protect and verbally informed you of our intention to do so. <br />The following worksheet sheets shows our estimation of the impact of the adverse weather, <br />If you have any questions or comments please contact me at (303) 666-2985. <br />Sincerely, <br />~~ ~. ~~ <br />James E. Eurich <br />Manager-Civil Projects <br />enclosures <br />9137 E. Mineral Circle <br />P.nglewood, Colorado 80112 <br />Phone: 303/7904840 ~ FAX 303/790.4850 <br />