Section 3 Scope Of Work And Performance Measures: Fill & Download for Free

EPC stands for Engineering, Procurement, Construction and is a prominent form of contracting agreement in the construction industry. The engineering and construction contractor will carry out the detailed engineering design of the project, procure all the equipment and materials necessary, and then construct to deliver a functioning facility or asset to their clients (NHAI in this case). Companies that deliver EPC Projects are commonly referred to as EPC Contractors.Need for EPC contracts in NHAI :National Highways Authority of India (NHAI) had hitherto been building roads through the conventional item rate contracts where the Government provides the detailed design as well as the estimates of quantities for different items of work (Bill of Quantities).Payments to the contractor are made on the basis of measurements of the work done in respect of each item. Experience shows that item rate contracts are prone to excessive time and cost overruns. The reasons for their poor performance include inadequate project preparation and estimation coupled with allocation of construction risks largely to the Government/NHAI. For these reasons, the item rate mode of contracting has been abandoned in the developed world.Advantages of adopting EPC Contracts in NHAI :The objective is to ensure implementation of the project to specified standards with a fair degree of certainty relating to costs and time while transferring the construction risks to a private sector contractor.The EPC approach relies on assigning the responsibility for investigations, design and construction to the contractor for a lump sum price determined through competitive bidding.The EPC Agreement specifies the required design and performance standards and allows the Contractor to design and construct the project using best practices and innovation to optimise on efficiency and economy as compared to the rigidity of the item rate contract that relies on a single design provided by the Government.The Contractor also has full freedom to plan the construction schedule for efficient use of its manpower, equipment and other resources while payments are linked to specified stages of construction as compared to payment for individual items/ units under the item rate contracts.Awarding contract for a lump sum price ensures predictability and financial discipline, both for the contractor and the Government.Clearly stated obligations and risks of the respective parties help in achieving timely completion of the project while minimising disputes.The technical parameters proposed in the Agreement are based mainly on output specifications. This would provide the requisite flexibility to the contractor in evolving and adopting innovative designs without compromising on the quality of service for users.The Contract Price is a fixed lump sum amount for construction of the project highway. The Contract Price is subject to adjustment on account of changes in the cost of inputs, changes in law, or changes in scope of the project.The Contractor shall ensure safe, smooth and uninterrupted flow of traffic, and carry out routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices during the maintenance period. The agreement lays down quantifiable maintenance requirements and performance standards.Projects risks such as soil conditions and weather or commercial and technical risks relating to design, construction and maintenance have been assigned to the Contractor. The Government accepts its liability to pay damages to the Contractor for any delays in handing over the land, Railways approvals for bridges on railway lines, environment clearances and shifting of utilities.The EPC agreement specifies the dates on which different sections of the land will be handed over to the Contractor. It defines the scope of the project highway with precision and predictability to enable the Contractor to determine its costs and obligations. It also lays down a ceiling of 10 percent of contract price to cater for any changes in the scope of project, the cost of which the Government will bear.The Contractor shall carry out survey and investigations and also develop designs and drawings in conformity with the specifications and standards laid down in the Agreement. It will get these checked by a proof consultant and a safety consultant who are to be appointed with the approval of the Government. Government’s engineer shall review the design and drawings to ensure that these conform to the scope of the project, design standards and specifications.A provision has been made for damages which the Contractor shall pay to Government for not achieving the prescribed milestones. Government will pay bonus to the Contractor for completion of the project highway before the scheduled completion date.The Contractor shall be paid 1.5% of the contract price for the first year of maintenance and 2% for the second year of maintenance. Maintenance work is to be inspected by the Government’s engineer once every month, and deductions made for failure or defects in maintenance.The EPC agreement contains the requisite provisions for dealing with force majeure events. In particular, it provides protection to the Contractor against political actions that may have adverse effect on the timely completion of the projectTermination payments have been quantified precisely. Political force majeure and defaults by the Authority are proposed to qualify for adequate compensatory payments to the contractor and thus guard against any discriminatory or arbitrary action by the Government.Monitoring and supervision of construction and maintenance is proposed to be undertaken through an Engineer (a qualified firm) that will be selected by the Authority through a transparent process.A simple and rational method for estimating interim payments to the Contractor has been provided in the Agreement. Works have been divided into four categories, namely, road works, major bridges, structures and other works. Each item of work has been further sub-divided into stages and payment will be made for each completed stage of work.Though normally a defects liability period of one year is specified in most contracts, a defects liability period of two years has been specified in the Agreement in order to provide additional comfort to the Government.Thus, EPC Agreement incorporates international best practices and embodies an enabling contractual framework for construction of highways in an efficient, economical and competitive environment. It will minimise, if not eliminate, the time and cost over-runs characteristic of the extant item rate contracts.

Choose Your Niche According to Your Strengths. Own Your Niche by Fixing Your WeaknessesTo explain what I mean, I'll start with a hammer.If I had a hammer, . . .. . . and I only had a hammer, I might use it to do many things it wasn't designed to do. I might try using the tongs on the end to unscrew a screw. Or I might try to bang on a tight bolt to loosen it until I can remove the bolt by hand.Suppose I have been using my hammer in such ways, and then manage to acquire a good screwdriver and a good wrench. In that case I will stop using the hammer to do the jobs that are better done by wrenches and screwdrivers. I will simply use the hammer for what it’s good at -- driving nails, pulling nails, and pounding things.But suppose also that, while my hammer is pretty good at driving nails, it vibrates quite a bit. If I could somehow reduce this vibration, I could pound more nails and not be so sore and tired at the end of the day. If I took measures to reduce my hammer’s vibration, that might be time and energy well spent.Sometimes it’s best to focus on using my hammer’s strength. And sometimes it’s best to focus on improving a weakness.So sometimes we should focus on our strengths, and sometimes we should focus on our weaknesses. And you probably already knew that.So let's see if we can say more about when to focus on strength and when to focus on weakness.Two Rules of Thumb for Choosing Strengths vs WeaknessesI think we can say more. Here are two rules of thumb for when to focus on strength, and when to focus on weakness.Rule of Thumb #1 (The Scope Rule): when defining the scope of your job, focus on your strengths.Rule of Thumb #2 (The Optimization Rule): when optimizing your performance within a given role, you will tend to focus on your weaknesses.Now, these are just rules of thumb, and there are plenty of exceptions (we’ll address some of those in the "exceptions" section), but, as simple rules of thumb, they’re not bad. Let’s see how they work by considering some examples.Additional ExamplesBasketball: If I’m playing basketball, and I’m better at shooting than dunking, then I should probably keep working on my strength (shooting), rather than my weakness (dunking). And that’s because I can be a shooting specialist. I can leave the dunking to others. This is a case of determining the scope of my responsibilities, and it makes sense to focus on my strengths.However, if I’m fairly proficient at shooting, but my perimeter defense is terrible, then I should probably shift a good chunk of my practice time toward improving my defense. This is a case of optimizing my performance within a given role, and it makes sense in this case to focus my efforts on improving one of my weaknesses.Business: If we are running a business, and we’re very good at making shoes, but not set up at all to make soda, then we should probably be a shoe company, and not a soft drink manufacturer. This is a case of determining the scope of our responsibilities, and it makes sense to focus on our strengths.If, however, we have our manufacturing process dialed in, but our marketing is weak, then we should shift focus and effort toward improving our marketing, and not worry as much about getting one percent more efficient in our manufacturing process. It would be nice to do both, but resources are always limited in some way or other, and, if we have to choose, we will need to shift resources toward solving the marketing problem. This is a case of optimizing our performance within the context of being a shoe company, and it makes sense to focus on improving a weakness.Exceptions to the RulesNow, again, these are just rules of thumb. And there are definitely times to break these rules.For instance, there are times to break the scope rule. When you are just starting to think about how to manage your career, you should develop many general purpose skills to at least a basic level of competence -- even if you are not naturally gifted with them Writing, public speaking, programming, design, and some basic mathematics are worth developing whether they are strengths or not. Having some proficiency in these skills will help you understand how to communicate with those with whom you must work later, and these skills might give you some additional flexibility in managing your career going into a rapidly changing future.You might also find that you don’t enjoy using your strengths. Or you might determine that your prospects for making money with your top strength are dim. In those cases it’s probably best to shape your career around activities that are not your top strengths.And the optimization rule doesn’t always hold, either. In business, what we really must do, most of the time, is work on the current constraint or bottleneck in the business. Often that bottleneck will be one of our weaknesses (say marketing). But, once we solve the current bottleneck, we might find that the new constraint in our business happens to be our top strength (say product development). That’s great. At times like this we can improve our business by working on one of our strengths.Of course, there is a “level of description” issue lurking here as well. If we consider product development a strength, we can break that broad area down further, and we will find we have strengths and weaknesses within the “product development” activity. And, like the basketball player who needs to work on defense, we might find ourselves needing to work on the “weakness within our strength.” And this fractal rabbit hole (of strengths within weaknesses within strengths, . . . ) can go many levels deep.A Final Rule of ThumbThe astute (and/or experienced) reader will have noticed that the first two rules of thumb tend to suggest a third rule of thumb:Rule of Thumb #3 (The Outsourcing Rule): when you have the resources, outsource your weaknesses.And, indeed, that’s a very good rule of thumb. Though you will have to balance the benefits of offloading your weaknesses with the coordination costs of managing others.And if managing outside resources or other people is one of your weaknesses, you have a bootstrapping problem on your hands :)

As an American Citizen, I’d be dishonest if I kept it to just one. There are a whole list of them, and I’m seeking to make contact with the right people to get amendments to the Constitution added.Why? Because Congressional scumbags CANNOT BE TRUSTED to keep their word, let alone comply with the law, hence the need for constitutional amendments to keep congressional weasels from welching on their word.Found my original notes. Here is my list of proposed amendments to the Constitution of the United States…AMENDMENT XXVIIIACCURATE UNITED STATES CENSUS AMENDMENT(Written on a dinner napkin in Oklahoma City in 2009 during a political lunch; ran this past an AUSA friend of mine; he found it 100% bulletproof as to any legal or constitutional challenges.)Section 1. The Decennial Census of the United States and of the individual states and territories within shall be an actual head count to include only those persons who either are citizens of the United States at the time of census, or those who are legal permanent residents thereof.Section 2. Congress shall have the power to enforce this article by appropriate legislation.Section 3. This article shall take effect immediately upon ratification. ***AMENDMENT XXIXLEGISLATION CRAFTING AMENDMENTSection 1. No legislative bill is to exceed ten (10) pages.Section 2. All bills must be accompanied by the Constitutional article authorizing said bill.Section 3. No content in the bill that does not pertain to the title of the bill.Section 4. All bills are to be written in layman’s terms and posted online for ten days prior to introduction on the floor.Section 5. All bills requiring expenditures must disclose Total Costs, How the Bill Will Be Funded, Who the Beneficiaries Are, Who Will Pay, and a Sunset Date.Section 6. Each legislator shall read the proposed legislation thoroughly, and sign a certificate of understanding certifying under penalty of perjury, immediate loss of congressional seat, and five years in federal prison, that they understand the bill they are voting on.Section 7. This amendment shall take effect immediately upon ratification. ***AMENDMENT XXXESSENTIAL PROTECTION OF THE UNITED STATES MEDICAL SUPPLY CHAIN AMENDMENTSection 1. The medical supply chain of the United States shall be purged of all foreign influences, specifically all sources outside North America. This includes all medications, face masks, ventilators, all medical and surgical equipment, and every facet of hospital or medical and/or dental office construction, remodeling, or demolition.Section 2. In light of the essential need to the national safety, security and interest, these occupations and those supporting them are deemed national-security essential,Section 3. All employees involved in this national-security essential industry shall be either United States citizens or legal permanent residents thereof. In addition, they shall be required to undergo security clearance screening to the SECRET level; failure to qualify is grounds for automatic termination of employment, with only acknowledged administrative errors as sufficient grounds for reversal of a termination decision.Section 4. All employees in this profession and its related industries are subject to routine background monitoring, to include unannounced inquiries of their financial records at any time.Section 5. The importation of pharmaceuticals of any kind from any country other than Canada is prohibited.Section 6. This amendment shall take effect immediately upon ratification. ***AMENDMENT XXXILIFETIME CONGRESSIONAL TERM LIMITS AMENDMENT(Based on a public referendum put together in the form of a State Question at the polls to Oklahoma voters in 2010 which amended the Oklahoma Constitution to affect these term limits. Statewide offices had already been term-limited to four-year terms, which in Oklahoma are already renewable only once.)Section 1. No member of Congress, be they a Senator or Representative, shall serve in Congress for longer than a total cumulative period of twelve years, whether it be two six-year terms in the Senate, or six two-year terms in the House of Representatives. This will allow for both a continuous infusion of new talent, as well as for servants of the people to know that public service is for a season, and not a lifetime.Section 2. In the event a Representative is either appointed or elected to a Senate seat, the twelve-year total period of service is cumulative, effective upon taking the oath of office. Should the member reach twelve years in office while a Senator, they shall stand down at the end of that term of Congress, and the remainder of that Senate term shall be filled by special election. The Governor of that Senator’s state shall then place that senator’s seat up for election to serve the unexecuted portion of that Senator’s term.Section 3. There will be no provision allowed for grandfathering within this amendment. In other words, full retroactivity applies, with the 12-year provision including all cumulative time spent in office up to and including the time this amendment is ratified and takes effect. In addition, the practice of congressional pensions is discontinued, effective the date the amendment takes effect, with incumbent congressional members encouraged to plan their own retirement, beginning the day they declare their candidacy. ***Section 4. This amendment will take effect immediately following the first general election and conclusion of the Congress following ratification. ***AMENDMENT XXXIIVOTING PHOTO IDENTIFICATION REQUIREMENT AMENDMENTSection 1. No person 18 years of age or over within the United States, its territories or any part of its jurisdictions thereof, may vote in any elections of any kind, unless they first provide photographic proof of United States Citizenship. In addition to providing positive photo identification in the form of a government-issued identification card, with a United States Passport Book or Passport Card fulfilling the requirement, they must also provide verifiable proof of residence. Proof of citizenship plus a driver’s license or state identification card meets this requirement.Section 2. United States Citizens 18 years of age and over, who are living outside the United States, may vote by absentee ballot, provided they meet guidelines as provided for in the Federal Voter Absentee Program (FVAP), and send both their absentee ballot to the county in which they were last registered in the United States, along with either a photocopy of their identification page of their passport or photocopy of both sides of their United States Passport Card, so as to provide indisputable proof of United States Citizenship, in order that the vote may be both eligible and valid for purposes of counting the vote.Section 3. An acceptable alternate proof of citizenship would be a driver’s license or state-issued identification card from a state compliant with REAL ID licensing requirements, containing the voter’s photograph, full name and current address on it, that the voter would present their voter reminder card at the polls on Election Day. It must also indicate US Citizenship on the front thereof, with three-letter indicators to indicate YES for Citizens, LPR for Legal Permanent Residents, or NON for Non-Citizens, those on Visas or Work Permits, or the like.Section 4. The YES in the Citizen block would confirm both voter eligibility, and that the voter also appears on the electoral rolls for the polling station to which they are assigned. The real ID form will also have a GOLD star in the top right-hand corner for United States Citizens; a SILVER star in the top right-hand corner for Legal Permanent Residents of the United States; and a BRONZE star for non-citizens of the United States who are in the country legally, for work, education or other legal and legitimate purposes.Section 5. Those licenses or other REAL ID documents expire on the date their visas expire. Only those persons with a GOLD STAR on their REAL ID documentation may vote in any election in the United States, be it a federal, state, county, city, or other local. This constitutional amendment supersedes any and all state laws, or other local ordinances that otherwise have allowed non-citizens to vote in any other way, shape, form or fashion. The practice of vote harvesting is now a felony criminal offense, carrying with it a minimum ten-year federal prison sentence, with lifetime disenfranchisement, and potential loss of citizenship, and conferral of statelessness for so doing.Section 6. Congress shall have the power to enforce this article by appropriate legislation that is compliant with this amendment, which prohibits Congress in any way from relaxing in any measure the distinction between citizen, permanent resident, and non-citizens, who, if not legally in the country, will be removed from the United States safely, swiftly, and with all due speed..Section 7. This article shall take effect immediately after an election has intervened following its ratification. ***AMENDMENT XXXIIIBALANCED BUDGET AMENDMENT (Draft)This has been touched on and drafted previously by Senators Ted Cruz (R-TX, Mike Lee (R-UT) and Rand Paul (R-KY). It is essential in my view that a responsible bipartisan approach be taken on the issue of a mandatory annual balanced federal budget, with automatic rainy day reserve amounts put aside, and only with a two-thirds or a three-quarters super-majority vote can they deficit spend, and that it be done before the end of the second term of Donald Trump.AMENDMENT XXXIVNATIONAL DEBT ELIMINATION ACT/THE GREAT AMERICAN LAND SELL-OFFSection 1. Under the direction of the Department of the Interior, the Department of the Treasury, and the Department of Defense, the Government of the United States will begin selling off excess land holdings at market rates at dates to be determined. With as much as 85% of the land in the Western United States being federally-owned and not being utilized, this is the perfect time to return the ‘power to the people’.Section 2. 100% of the proceeds of these sales will be deposited in a dedicated account, used specifically for and solely to pay down the National Debt and which Congress cannot under any circumstances have any access to, which in tandem with a Balanced Budget Amendment, will bring the United States to living well within its means, much like over 30 states are currently required to do.Section 3. This article shall take effect immediately upon ratification. ***AMENDMENT XXXVLAND SALES EXCLUSION ZONE AMENDMENTSection 1. The sale of land to foreign nationals—that is, non-citizens or other non-permanent residents of the United States—within defined exclusion areas of the United States, is prohibited. There will be set in place a 100% prohibition of the ownership of any private property by foreign nationals, to include non-legal permanent residents of the United States, within defined exclusion zones.Section 2. Exclusion zones are defined as those areas are within 100 miles of any United States coastline, any land border, or within a 100-mile radius of any United States military installation, so as to preserve both national sovereignty, as well as legitimate national security needs.Section 3. Landowners selling property or properties must ensure and certify under penalty of federal perjury laws, as well as penalties of either sedition or treason, that their prospective buyer(s) meet eligibility requirements as to citizenship or other eligibility to either buy in an exclusion zone, or otherwise certify that the proposed property is outside the exclusion zone.Section 4. This article shall take effect immediately upon ratification. ***AND YES, AMENDMENTS 33, 34, AND 35 ARE CONNECTED…AMENDMENT XXXVINATIONWIDE CONSTITUTIONAL CONCEALED CARRY AMENDMENTSection 1. The right to keep and bear arms as stated in the 2nd Amendment is extended to include the right to carry concealed weapons in all 50 states and territories of the United States, without delay or hindrance by any and all agencies at or below the federal level. While such is the case for United States citizens exclusively, constitutional concealed carry protections do not extend to any foreign nationals, whether legal permanent residents, those on work or student visas, or especially those in the country illegally, or otherwise without status, especially those who have been disqualified from possessing either firearms of any kind, or ammunition as well.Section 2. The current prohibitions against convicted felons possessing firearms remains in place pursuant to existing state and federal laws.Section 3. The penalties for domestic violence under what had previously been known as the ‘Lautenberg Amendment’ are hereby modified, so as to retain the right to keep and bear arms for those who have been or were previously convicted of misdemeanor domestic violence on the first offense only, but only after a five-year possession ban has passed and expired for conviction on the first misdemeanor offense only. In the event of a second domestic violence misdemeanor, or any felony domestic violence offense, as with all other felony convictions, such would be sufficient grounds for lifetime disqualification from any firearms or ammunition possession.Section 4. This article shall take effect immediately upon ratification. ***AMENDMENT XXXVIIRESIDENT-BASED TAXATION AMENDMENTSection 1. Effective the date of ratification, taxation by the United States of its citizens will apply only to those citizens of the United States residing within its borders for more than 183 days within a given 365-day period. The United States is the only industrialized nation in the world that taxes its people based on citizenship, not on residence, as other modern developed nations do.Section 2. The practice of potentially double-taxing United States citizens simply because they are citizens living in a foreign country violates their rights under both the Eighth (cruel and unusual punishment) and Ninth Amendments (deny and disparage rights, such as opening foreign bank accounts) which denies them to due process of law under the Fifth and Sixth Amendments of the Constitution—in other words—the right to individual privacy, as an extension of the Privacy Act of 1974, which is exactly what FATCA seeks to do, by unlawfully and illegitimately meddling in the internal affairs of a sovereign nation, unless they can satisfy both an American, as well as a foreign judge, that more than sufficient cause exists as part of a legitimate criminal investigation acceptable to the laws of both countries.Section 3. If federal investigators have sufficient cause, they should seek a warrant and follow due process to obtain the information needed so as to secure needed evidence and a legitimate, untainted conviction that holds up on appeal.Section 4. This article shall take effect immediately upon ratification. ***AMENDMENT XXXVIIICONGRESSIONAL SECURITY CLEARANCE AMENDMENTSection 1. Effective the date of ratification, any and all United States Citizens elected to Congress—be it the House of Representatives or the Senate—along with any individual hired as a staff member to either chamber must qualify prior to the beginning of the incoming term of Congress for a security clearance, based on a background investigation. Members of Congress, as well as staff members must qualify for a SECRET security clearance prior to the beginning of the upcoming Congress and the taking of their oaths of office (the following January 3rd), in order to continue employment.Section 2. If for any reason a negative report, specifically one including disqualifying information that could jeopardize national security is received, the incoming member would resign before taking office, and that state’s governor would be immediately notified in order to schedule a special election be held to elect a successor, and that incoming seat would thus become immediately become vacant.Section 3. Once sworn in as Members of Congress, elected senators and representatives would have to have their full special background investigations completed to obtain their final versions of a TOP SECRET security clearance (with renewals every three years) within 12 months, as failure to do so after nine months would restrict their ability to view certain data, be present in, or for certain hearings, would deem them ineligible to perform the full scope of their congressional duties. If not fully cleared for an unrestricted TOP SECRET security clearance after 15 months, then they would be precluded from seeking re-election and be required to stand down at the end of their term, with the governor of their state being so notified.Section 4. This article shall take effect immediately upon ratification. ***AMENDMENT XXXIXRIGHT TO PRIVACY AMENDMENTSection 1. The right to be forgotten—or in other words—the right to individual privacy, as an extension of the Privacy Act of 1974, is extended to include the right to be forgotten online by those seeking to be anonymous, whether online through the Internet, or through other means offline.Section 2. The major search engines—and other online locators—will have 15 calendar days to remove the personal information of those persons who request removal thereof.Section 3. This article shall take effect immediately upon ratification. ***AMENDMENT XLACCUSED RIGHTS PROTECTION AMENDMENTSection 1. Effective the date of ratification, any and all persons accused of crimes against person, especially sex crimes that often, but do not always involve children and which are almost always sensationalized, solely for the purpose of increasing advertising revenues, will have an automatic gag order mandatorily imposed on all parties to the case from moment of initial arrest or indictment until completion of all trials and appeals upholding conviction.Section 2. In such cases that are deemed high profile and where a wide populace is aware of the case, both a change of venue out of the county, as well as the television market will be done for the benefit of the accused, thus protecting the rights of the accused, who is innocent until proven guilty in a court of law.The rationale on this is that all too often, innocent people have their lives completely destroyed on suspicion and innuendo alone, with presumption of innocence and truth being the first factors being completely destroyed in the process. Yet despite the presumption of innocence, and the pervasiveness of prejudice within the nation, accused persons must be protected from vigilantes and/or other self-appointed ‘administrators of justice’.Section 3. Upon indictment, the accused will be identified by age and gender only, but not by race. In these cases, shield laws will either be tightened, or activated in all 50 states and territories of the United States so as to protect all parties in criminal matters of a sexual or otherwise nature. Either everybody gets named, or nobody gets named. Feminists cannot have it both ways, as such is both suggestive of cruel and unusual punishment under the Eighth Amendment, as well as discriminatory in violation of the equal rights under the law clause of the Fourteenth AmendmentSection 4. This article shall take effect immediately upon ratification. ***“It’s all good and well to focus on leaving the one to go after the ninety and nine; but you cannot go after the one at the expense of the ninety and nine, not to mention identifying and casting out predators who may arise in your midst, so as to preserve, protect, and defend the rest of your flock.”—Timothy Rollins, American-Canadian philosopher, columnist, and stroke survivor (1959-)AMENDMENT XLITRADE SECRET AND INTELLECTUAL PROPERTY PROTECTION AMENDMENT (AIMED AT COMMUNIST CHINA)Thank you for asking, Marie! ***