heirs, executors, administrators, successors, or assigns, from their liability hereunder; notice to the Surety of any such alteration, extension, forbearance, or action, being hereby waived; provided that the written consent of the Surety shall first be obtained if any alteration be required which shall alter the general character of the work as a whole, or which shall increase the total amount to be paid to the Contractor by more than 25 per cent.

Third-No right of action shall accrue hereunder to or for the use or benefit of any one other than the District, and the District's rights hereunder may not be assigned without the written consent of the Surety.

Exhibit D

SPECIFICATIONS

EXPLANATORY NOTE

The specifications fall into three parts; first, the General Conditions, Sections 0.1 to 0.57, governing the relations of the contractor to the District, to the public, and to his employees; second, the General Specifications, Sections 0.58 to 0.105, defining and classifying the most commonly used materials, and indicating in general how the work shall be done; and third, the Detail Specifications, Sections 1.1 to 90.2. The Detail Specifications by supplementing the Agreement, General Conditions, General Specifications, the Estimates, and the Drawings, define in detail how each kind of work shall be done, and how it will be measured for payment.

The different kinds of construction work to be done and of materials to be furnished are classified into items, an item meaning a certain kind of work to be done, or material to be furnished, in a certain definite manner, regardless of its location. Each item is designated by a name and number, the numbers running from 1 to 90; as Item 2, Clearing and Grubbing; or Item 51, Reinforcing Steel. All sections relating to any item bear the number of the item as an index_number before the decimal point. For instance, Item 50 covers Cement. Section 50.1 gives the requirements as to brands, Section 50.2 specifies the manner of delivery and storage, Section 50.3 covers inspection, tests, etc., and Section 50.4 specifies the methods of determining quantities of cement for payment.

All item numbers with letter "a" affixed refer to work below mean low water level as indicated on the drawings. For instance, Items 41 and 41a include concrete in outlet works, spillways, retain. ing walls, bridge piers, and other similar structures, above and below mean low water, respectively. The same item may be met on various parts of the project. Wherever in the estimates or on the drawings "Item 41" is indicated, regardless of whether it occurs in

channel improvement at Hamilton, or in the construction of the Englewood Dam, or in some other construction, the work to be done is the placing of concrete in accordance with the Specifications under Item 41, supplemented in all cases by the General Specifications, which apply to all items. Item 41a refers to the same kind of construction as Item 41, except that the work is located below mean low water, as shown on the drawings.

In brief, the General Conditions and General Specifications relate, in so far as they are applicable, to all work. The estimates and the drawings indicate under what item or items any particular part of the work is to be done, and the Specifications for that item give the necessary further directions for doing that particular work.

GENERAL CONDITIONS

0.1 Definitions.-Wherever the words herein defined, or pronouns used in their stead, occur in this Contract and Specifications, they shall have the meanings here given:

The word District or the expressions Party of the First Part or First Party shall mean the Corporation of The Miami Conservancy District.

The word Board shall mean the Board of Directors of The Miami Conservancy District, or any agency or officer duly authorized to act for the District in the execution of the work required by this Contract.

The word Directors shall mean the individual members of the Board of Directors acting in their official capacity.

The word Engineer shall mean the Chief Engineer of The Miami Conservancy District, or his properly authorized agents, engineers, assistants, inspectors, and superintendents, acting severally within the scope of the particular duties entrusted to them.

The word Contractor or the expressions Party of the Second Part or Second Party shall mean the person, persons, partnership, or corporation entering into this Contract for the performance of the work required by it, and the legal representatives of said party, or the agent appointed to act for said party in the performance of the work.

The words Surety or Sureties shall mean the bondsmen or party or parties who have made secure the fulfillment of the Contract by a Bond, and whose signatures are attached to said Bond.

The word Contract shall mean, collectively, all of the covenants, terms, and stipulations contained in the various portions of this Contract, to-wit:

Advertisement, Agreement, Bond, Specifications, and Contract Drawings.

The word Specifications shall mean, collectively, all of the terms and stipulations contained in those portions of the Contract known as the General Conditions, General Specifications, and Detail Specifications.

The word Drawings shall mean, collectively, all of the drawings attached to the Contract and made part thereof, and also such supplementary drawings as the Engineer may issue from time to

time in order to elucidate said contract drawings or for showing details which are not shown thereon, or for the purpose of showing changes in the work as authorized under Section 0.18 of the Specifications entitled Changes and Alterations.

The words Contract Price shall mean either the unit price or unit prices named in the Agreement, or the total of all payments under the Contract at the unit price or unit prices, as the case may be.

Wherever in this Contract the words Directed, Required, Permitted, Ordered, Instructed, Designated, Considered Necessary, Prescribed, or words of like import are used, it shall be understood that the direction, requirement, permission, order, instruction, designation, or prescription, etc., of the Engineer is intended; and similarly, the words Approved, Acceptable, Satisfactory, or words of like import, shall mean approved by, or acceptable or satisfactory to, the Engineer, unless another meaning is plainly intended.

Wherever figures are given in this Contract after the word Elevation or an abbreviation of it, or where figures representing elevations are given, they shall mean distance in feet above the United States Geological Survey Sea Level Datum, as determined from various bench marks placed by said Survey in and adjoining the lands of The Miami Conservancy District.

0.2 Sureties.-With the execution and delivery of this Contract the Contractor shall give security for the faithful performance of the Contract by filing with the Board one or more Surety bonds in the form annexed hereto, the aggregate amount of which shall be not less than 40 per cent of the estimated total contract price. Each bond must be signed by the Contractor and the Sureties. The Sureties, and the amount in which each will qualify, must be to the reasonable satisfaction of the Board.

Should any Surety upon the Contract be deemed unsatisfactory at any time by the Board, notice will be given the Contractor to that effect, and the Contractor shall forthwith substitute a new Surety or Sureties satisfactory to the Board. And no further payment shall be deemed due or shall be made under this Contract, until the new Surety or Sureties shall qualify and be accepted by the Board.

At the expiration of each year after the date of Contract, the liability of the Sureties under the bonds may be reduced to the extent to which, in the opinion of the Board, the need for Surety is reduced, until such liability shall amount to 25 per cent of the original liability, at which amount the bonds shall remain in full force and virtue until the completion of the entire work.