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002u35 Durango Pumping Plant Stage I Amendment 001 All in-water work, as described above and including the removal of all cofferdams, shall be completed prior to the start of the spring runoff season. For the purposes of this contract, the start ofthe spring runoff season shall be defined as March 1 of any given year. 3. LIQUIDATED DAMAGES, FAR 52.211-12 (SEP 2000) (a) Ifthe Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,000 for each calendar day of delay until the work is completed or accepted. (b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination for Cause provisions. 4. LIMITATION OF FUNDS (FIXED PRICE CONTRACT) - BUREAU OF RECLAMATION (ADAPTED FROM WBR 1452.232-80)(MAY 2000) (a) Pursuant to Section 12 of the Reclamation Project Act of 1939 (43 U.S.C. 388) incremental funding for this contract will be made available in accordance with this clause, This statute permits the Secretary of the Interior to enter into contracts which will cover such periods as the Secretary may consider necessary but in which liability of the United States shall be contingent upon appropriations being made therefor. For purposes of this clause, the term "appropriations" includes the Bureau of Reclamation's subsequent allocation of funds for this contract. (b) Incremental funding in the amount of $4,000,000 is presently available for payment and allotted under this contract for Durango Pumping Plant, Stage I. This present funding allotment is contemplated to cover the work to be performed until September 30,2003. A schedule for anticipated future funding allotments is as follows, FISCAL YEAR FUNDING AMOUNT On award of contract FY 2004 $4,000,000 Remaining Contract Amount (c) For work identified in paragraph (b) ofthis clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government approximates the total amount currently allotted to the contract. The Contractor shall not be obligated to continue performance of this work beyond that point. The Government shall not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for this work. (d) Notwithstanding the date specified in paragraph (b) of this clause, the Contractor shall notify the Contracting Officer in writing at least forty (40) days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government will approximate 75 percent of the total amount then allotted to the - 12-