VIET NAM: CENTRAL REGION TRANSPORT NETWORK PROJECT CONSULTING SERVICES FOR Detailed DesignCIVIL WORKS PREPARATION TERMS

OF REFERENCE (TOR) A. 1. Introduction The road network in the 19 provinces of the central region of Viet Nam comprises of approximately 84,500 km of classified roads. Approximately 50% of provincial roads in the central region are earth, gravel or penetration macadam roads rated in bad or poor condition. To address the priority needs for the road network in the Central Region, the Government of the Socialist Republic of Vietnam has applied for a loan from the Asian Development Bank towards the cost of the Central Region Transport Network Project. This Project will improve approximately 680 km of road in 11 provinces and prepare an additional 500 km in a further 8 provinces. Roads to be upgraded will be a combination of provincial and district roads selected using a network approach for each Province. The implementation of civil works will be undertaken in several phases as follows:
Phase 1 2 3 4 Provinces Nghe An, Thua Thien Hue, Binh Thuan, Lam Dong. Ha Tinh, Quang Tri, Ninh Thuan, Dak Lak, Dak Nong. Quang Binh, Kon Tum Thanh Hoa, Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hao, Gia Lai Estimated Length of Roads (km) 254 290 135 500

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The civil works for Phases 1 to 3 will be implemented under the Central Region Transport Network Project, it is proposed that Phase 4 civil works will be included in a follow-on loan. The roads to be improved under Phases 1 and 2 have been selected during Project preparation, the selection of roads for Phases 3 and 4 will be undertaken during the Project using the same procedures and criteria used for Phases 1 and 2. The improvement works comprise bringing the existing roads to a minimum of Vietnam standard Class V road (3.5 meter sealed carriageway with 1.5 meter gravel shoulders) including pavement strengthening, shoulder restoration, embankment improvement, provision of drainage structures and bridges and road safety improvements. In a few selected cases high traffic volumes may justify a higher class of road. Effort will be made to restrict all improvement works within the existing right-of-way to minimize land acquisition and resettlement. The sample designs, specification and bid documents prepared by the PPTA (note 1) will be used for preparation of final designs and bid documents for implementation. During project preparation, an assessment was made of the institutional capacity and training needs for the Provincial Departments of Transport in the Central Region. This showed there are weaknesses in road planning procedures, maintenance management systems are not fully developed and used, and there is a need to address provincial road safety issues. To assist in the implementation of the Project, and to address the needs identified, it is intended that part of the proceeds of this loan will be applied to

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eligible payments for consulting services. These services will be recruited under three separate contracts as follows: a. The Civil Works Preparation Services. These services will cover the preparation of implementation documentation for roads in Phases 1 and 2 up to award of civil works contracts. b. The Implementation Services. These services will cover the supervision of civil works under Phases 1 and 2, the selection and evaluation of roads, preparation of civil works implementation documents, and supervision of civil works for Phase 3, and the selection and evaluation of roads, and preparation of civil works implementation documents, for Phase 4. c. The Institutional Development Services. These services will design and implement a program of capacity building and road safety programs in selected central region provinces. 6. The Ministry of Transport (MOT) will be the executing agency for the Project, represented by Project Management Unit 1 (PMU1). The consulting services will be engaged by the MOT. These terms of reference refer to the Civil Works Preparation Services; details of the requirements for the other services are presented separately. Objectives The Preparation consulting services are: main objectives of the Civil Works

7.

C. 8.

(i) to assist PMU1 and the provincial project management units (PPMUs) under the provincial departments of transport (PDOTs) to confirm the scope of improvements in the provincial and district road networks in nine provinces selected by the PPTA to be included in Phases 1 and 2 of the Project; (ii) to prepare detailed engineering designs, cost estimates and bid documents suitable for local competitive bidding (LCB) for improvement of the selected provincial and district roads in Phases 1 and 2 totalling approximately 550 km; to assist PMU1 and PPMUs in the preparation and implementation of Resettlement Plans, Ethnic Minority Specific Actions, and Ethnic Minority Development Plans; to prepare Initial Environmental Examinations (IEEs) and Environmental Management Plans (EMPs) for all subproject roads and incorporate mitigation measures in the detailed designs and assist PPMUs in ensuring compliance with ADB Environmental Guidelines; to provide both formal and on-job-training to PMU1 and PPMU staff in (1) procurement of civil works, (2) resettlement, social assessment, gender, ethnic minorities plans preparation and implementation, (3) preparation of environmental assessments and (4) project management plans.

(iii)

(iv)

(v)

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D. 9.

The Consultant The services will be executed by an international consulting firm, assisted by suitable domestic consulting firm(s) who will be selected and engaged by him. The domestic firm(s)/staff will consist of two categories: The first category will work directly with the international Consultant on a day-to-day basis; For the second category, the international consultant, with the assistance of PMU1, will select and engage local consultants under subcontract to carry out all field surveys and investigations, working under the overall management and instructions of the Consultant.

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Implementation Arrangements Under the overall guidance of PMU1, the Consultant will work directly with the PPMUs for preparation of final engineering designs, cost estimates and bid documents, procurement of civil works and preparation and implementation of resettlement. PPMUs will also be responsible for implementation of resettlement plans with assistance of the Consultant. The Consultant will establish a main office in Hanoi headed by the project manager and also work in the offices of subconsultants in the nine provinces in Phase 1. The loan will be implemented in phases: Phase 1 will comprise four provinces for which preliminary Resettlement Plans (RPs) were prepared by the PPTA; Phase 2 will comprise the remaining five provinces. The objective is to complete the design, resettlement and procurement in order to provide an early start of construction in three provinces (before the end of 2005), followed by completion of the Design Consultants work and start of construction in the remaining six provinces in early 2006. It is intended that the consulting services will continue until completion of implementation of Resettlement Plans and award of the Phase 1 contracts. A Supervision Consultant will be recruited for project coordination and supervision of construction of all civil works. The Supervision Consultant will take over completion of any remaining resettlement Plans and assistance on award of contracts for Phase 1. The Consultant will coordinate the handover of documents and all necessary information to the Supervision Consultant.

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F.

SCOPE OF WORK Part A: Finalize Scope of Improvements of Phases 1 and 2 Subprojects in Nine Provinces

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The Consultant will assist the PMU1 and the PPMUs to finalize the scope of improvements in each of the provincial and district road networks selected for Phase 1. The scope of work for the Consultants will include but not necessarily be limited to, the following:

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(i)

Conduct inspections of all roads, bridges and drainage structures to confirm the inventory and condition information collected during the PPTA. Confirm or modify as necessary the general scope of improvement works required. Update the traffic counts and forecasts on selected road sections with high traffic volumes. Such counts shall be done by the Consultants staff. Based on the updated traffic counts and forecasts, determine which road sections may require improvement to Class IV standard, or Class V with paved shoulders as set forth in Viet Nam TCVN 4054:1998. Obtain agreement of the Employer on the improvement standard for all road sections.

(ii) (iii)

Part B: Detailed Engineering 15. The Consultant will carry out detailed engineering of the selected and feasible proposed provincial roads. Specific activities under detailed engineering design will include: (i) Update the inventories of the selected roads prepared by the PPTA, including geometric features, type and condition of drainage structures, including an estimate of their load carrying capacity, pavements, and other major features. Assess/quantify potential problems relating to land requisition, cutting of trees, relocation of utilities etc. which should be addressed before tendering of construction contracts. (ii) Carry out topographic surveys, including horizontal and vertical alignments and cross-sections, establishment of horizontal control points, bench marks and permanent reference beacons as required for the preparation of detailed engineering designs to enable construction quantities to be accurately calculated. (iii)Prepare designs based on the Vietnam Road Standards (Class IV and V) including typical cross sections, pavement design development during project preparation with application of sound engineering practice. (iv) Prepare a report on pavement failure on a typical provincial road. The report will include the causes of failure of selected roads using with failure criteria such as fatigue, rutting and thermal cracking. The consultant shall take into consideration factors such as design, construction, actual traffic and environmental factors.

(v) Based on the findings of IEE(s) completed as part of TA 4034-VIE, the road design team, working in consultation with the environmental specialist(s) should incorporate into the road designs, measures to prevent/avoid or mitigate adverse environmental impacts predicted to occur during the construction periods. (vi) Perform necessary investigations on materials found along the road alignments, with samples to be taken at suitable intervals; particular attention shall be paid to subsurface conditions at bridge sites through appropriate geotechnical surveys. This investigation should include

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bore holes at the new foundation positions and the cores should be logged sampled and tested. (vii) Investigate the suitability of locally available construction materials, and where necessary, locate new quarries and borrow pits and assess the quality and quantity of materials and hauling distance. Test soil samples by classification (liquid limit, plastic limit, and California Bearing Ratio); undisturbed samples shall be tested for the determination of the main mechanical characteristics. Construction materials shall be tested for grain-size distribution and plasticity characteristics, unit weight and water absorption, Los Angeles abrasion, bitumen adhesion, petrographical analysis and chemical water analysis and any other tests deemed necessary. Carry out Cone Penetrometer Tests (CPT) at suitable intervals along the proposed alignment and the results analysed to determine the residual strength of the pavement.

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(ix)

(x) Study the existing hydrological regime, based on an analysis of rainfall and flood records, including subsurface water characteristics supplemented by detailed field investigations, to establish adequacy of road embankment levels, culverts and side ditches. (xi) Assess cross drainage requirements and propose new structures, culverts, and causeways as appropriate or improvements to existing structures where these are otherwise structurally sound. On the basis of traffic counts and projected traffic levels, pavement structure studies, axle load considerations, determine the most costeffective improvement option for each Project road section. Carry out road safety audits on the proposed roads and incorporate approved recommendations on any diversions, bypasses, intersection improvements and realignments and widening and other facilities to eliminate hazards. Develop updated unit rates of construction for roads, bridges and culverts, including taxes and customs duties, taking into account the bid and completion costs of similar works recently undertaken in Vietnam. Prepare detailed engineering designs and bill of quantities, and calculate detailed costs estimates for civil works, broken down into foreign (direct and indirect) and local components as well as taxes and customs duties. Prepare appropriate contract packages, taking into account the geographic location of the project roads and size of contract, suitable for local competitive bidding among qualified domestic contractors with varying implementation capability and/or capacity. In conjunction with PMU1/PPMUs, prepare realistic construction schedules showing anticipated progress of works and expenditures for the contract packages, as well as timing of environmental

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mitigative, monitoring and reporting actions; the schedules will reflect seasonal climatic effects at the work sites, and will take into account typical outputs on recent ADB financed road project of similar nature. (xviii) Prepare bid documents for each package, based on the new harmonized LCB bid documents being prepared by MPI, ADB and World Bank which may be available for Phase 1 and assist in the preparation of invitations to bid, evaluation of bids received and award of civil works contracts. (xix) Ensure that the bid documents include specific provision to minimize disruption/damage to the environment and local settlements due to construction, using the PPTA IEEs and the finding during this work as a basis for these provisions. Bid documents will also include specific provisions for the engagement and payment of a sub-contractor to undertake HIV/AIDS awareness programmes of the contractors staff. Prepare contract drawings; including road plans, longitudinal profiles, cross-sections, structural plans, and other details necessary to describe the scope of work to bidders. Road plans should include all existing features, expected land-take based on plotted earthwork limits and further right-of-way where different from existing.

(xx)

Part C: Preparation, Implementation and Monitoring of Resettlement Plans 16. The Consultant will assist the PMU1, PPMUs, and Resettlement Committees in the preparation, implementation and monitoring of Resettlement Plans (RPs). Activities will include, but not be limited to the following: (i) Update the four (4) RPs prepared during PPTA (one for each provincial road network) after detailed design. The updated RPs will be approved by the respective Provincial Peoples Committee (PPC) and submitted to ADB for review and approval. The updated RPs will be in the form of a final database of affected persons, summary of the updated detailed measurement survey data, sub-project compensation charts replacement cost tables for each road networks. Ensure that no RPs will be implemented without the final approval of ADB. (ii) Prepare the remaining five (5) Resettlement Plans according to the approved Resettlement Policy Framework, ADBs Policy on Involuntary Resettlement, and Operations Manual (OM) F2 (issued October 2003) following detailed design for each road network. The RPs shall be based on a full census and detailed measurement survey of lost assets of 100% of APs, baseline socio-economic and perception survey of at least 20% of APs, a study to determine the replacement cost of all assets, and consultation about proposed entitlements and options for compensation, resettlement and income restoration. The PPC shall approve the RPs and submitted to ADB for review and approval before the RPs can be implemented. (iii) Assist the PPMUs to disclose all RPs to affected communities and general public in a form and language they can understand and in an easily accessible place, before submission to ADB for approval. This can be in a form of a public information booklet, a summary resettlement plan

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or a complete resettlement plan. The Public Information Booklet or summary resettlement plan will clearly state that copies of complete RPs (both in English and Vietnamese) are available to the public and can be obtained from the commune, district and provincial offices. All approved RPs will be immediately uploaded on ADB resettlement website. (iv) Assist the PPMUs to implement stakeholder participation. (v) information campaigns and

Establish and assist the PPMUs to implement procedures for (a) minimizing adverse social impacts from land acquisition and loss of other assets throughout the planning, design and implementation phases (e.g., realign and adjust the pavement width and alignment and associated works, and incorporate the drainage into the road shoulder to reduce the need for physical displacement on houses and structures, validate drainage design to ensure they are appropriate for local conditions); (b) undertaking and completing census and detailed measurement survey of all losses; (c) coordinating resettlement and compensation activities on the various road sections; (d) participatory needs assessment for replacement assets (house plots, fish ponds, agricultural land, common property resources such as irrigation systems); (e) ensuring that at all stages of resettlement planning, management and monitoring, gender concerns are incorporated, including gender-specific consultation and information disclosure; this will include special attention to guarantee womens assets, property and land-use rights; and to ensure the restoration of their living and income standards; (f) tracking compliance with project policies; and (g) implementing promptly corrective actions and resolving grievances. Design and assist the PPMUs to implement detailed income restoration programs for people severely affected by loss of livelihood and income, including provision of agricultural extension assistance, skills training, micro-credit assistance, and development of replacement fish ponds or other income generation activity as compensation for lost land. (vii) Establish and assist the PPMUs to implement (a) liaison mechanisms to ensure proper technical and logistical support to PMU1, PDOTs and resettlement committees, and (b) procedures for a management information system and ongoing internal monitoring.

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(viii)

Coordinate with external monitoring agency activities and ensure that the Terms of Reference are properly and effectively achieved.

Part D: Preparation and Implementation of Ethnic Minority Specific Action and Preparation of Ethnic Minority Development Plans 17. The Consultant will assist the PMU1, PPMU, and PPC in the preparation and implementation of Ethnic Minority Specific Action (EMSA) and preparation of Ethnic Minority Development Plans (EMDP), in accordance with the approved Ethnic Minority Development Framework (EMDF), and ADBs Policy on Indigenous Peoples and Operations Manual (OM) F3 (issued May 2004). Activities will include, but not be limited to the following: (i) Undertake preliminary screening of basic characteristics and issues in each commune within the zone of influence of the Project Roads to determine

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whether ethnic minority people will be negatively or positively affected by the Project; (ii) For the road networks for which preliminary screening indicates limited impacts, EMSA will be prepared and implemented. The EMSA may take the form of (i) incorporating ethnic minority peoples (who might be excluded from the project) into the project beneficiary group, (ii) incorporating ethnic minority peoples specific needs (that may not be addressed by the project) into the project plan, and; (iii) a common community action plan where ethnic minority groups live with the non-ethnic minority peoples in the same project location. The Consultant shall avoid any unnecessary distinctions or inequalities between ethnic minority peoples and other poor and marginal groups who live in the same locality. (iii) For the road networks for which preliminary screening indicates a significant positive or negative impact on ethnic minorities: a. Undertake social and cultural analysis, to consist of: (i) identification of significant negative and positive impacts on the ethnic minorities; (ii) identification of the measures required to mitigate the negative impacts; (iii) identification of the types and levels of vulnerability that might limit the ethnic minorities ability to benefit from the project recommend measures, on a priority basis, to enhance benefits. b. Prepare EMDPs that include specific strategies and activities as a result of participatory community consultations and planning. c. Submit to ADB for review and ensure that EMDPs are disclosed on ADB Indigenous Peoples Website upon ADB approval. d. Establish participatory monitoring and evaluation procedures. 18. Coordinate with CEMMA, Farmers Field School and Farmers Life School of the National Integrated Pest Management Program, local organizations and bilateral agencies or international NGOs working on poverty reduction programs (e.g. agricultural extension services) in the Project Area to allow possible integration of project activities with existing social interventions being implemented by various agencies. Assist PMU1 in the selection of an appropriate NGO to assist in the development and delivery of the EMDP Program. Work with the identified NGO and determine the scope and terms and reference for the EMDP Program. Prepare detailed terms of reference, schedule and budget for the implementation of EMDP that will be carried out under the Terms of Reference of the Consulting Services for Project Implementation Consultants. Prepare Terms of Reference for independent monitoring and evaluation of the EMDP. Part E. Preparation, Implementation and Monitoring of Environmental Management Plans 23. The Consultant will update the environmental work completed during TA 4034VIE and will carry out IEEs for the remaining Phase 1 and 2 roads in accordance with the Banks 2003 Environmental Guidelines. Environmental Management

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Plans will be prepared for all Phase 1 and 2 roads to guide the management of environmental impacts during construction. 24. The Consultant will monitor the inclusion of mitigative actions required during the design phase as defined in the IEEs. Assist in preparing a schedule for the implementation of any construction-related environmental mitigation and monitoring activities recommended in the IEE documentation prepared under TA 4034-VIE and the Consultants design team. This time-bound list of mitigative actions will become a part of the construction contract documentation. Part F: Formal and On-the-Job Training on Resettlement, Social Impact Assessment, Ethnic Minorities and Environmental Assessment and Implementation 25. The Consultant will organize series of workshops at the commencement of the assignment for all agencies involved in RP implementation. The objective of this workshop is to explain the requirements to be met and the respective responsibilities of all agencies during the update and implementation of resettlement plans and ethnic minority development plans. The Consultant will provide formal and on-the-job training for all Phase 1 Resettlement Committees, PMU1, PPMUs, and other members of the project team related to resettlement, social impact/assessment, gender, ethnic minorities and environmental assessment and management plans. (i) Provide training sessions on, but not limited to the following: (ii) Policies, procedures and best practices related to resettlement, social preparation, social impact/assessment, gender and social development Social assessment methodologies Stakeholder analysis Participatory Rapid Appraisal Participatory monitoring and evaluation Basic social research methodologies

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Develop and implement capacity building strategy for PMU1, PPMU, and Resettlement Committees to sustain and coordinate all resettlement, social impact/assessment, gender, ethnic minorities and social development-related activities; Familiarize, orient and prepare PMU1, PPMU, and Resettlement Committees to perform various tasks and responsibilities related to resettlement, social preparation, social impact/assessment, gender, ethnic minorities and social development; Prepare resettlement, social impact/assessment, gender, ethnic minorities and social development training materials; and Collate resettlement, social impact/assessment, gender, ethnic minorities and social development training materials/documents/reports.

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(iv) (v) 27.

The Consultant will organize and participate in formal training for all nine provinces and PMU1 on Environmental Assessment and Management and the

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application of a consultative approach via a short 2-3 day course available in Hanoi through the Vietnam MOSTE or other organization.

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Part G: Assistance in Procurement of Phase 1 and 2 Contracts 28. The Consultant will prepare final bid documents for all Phase 1 and 2 contract packages. The documents will include qualification criteria, invitation and instructions to bidders, standard and particular conditions of contract, specification, drawings, bill of quantities and other supporting documents. The new harmonized LCB bid documents being developed by the MPI, ADB and World Bank is expected to be used. The Consultant will print the necessary copies required by PMU1 and PPMUs for bidding all contracts. The Consultant will assist the PPMUs throughout the procurement of the Phase 1 contracts in the first four provinces only by providing the following services: (i) Assist in pre-bid meetings to answer questions from bidders and provide amendments to instructions to bidders as necessary.

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(ii) Assist the PPMUs in the evaluation of bids. (iii) Assist PPMUs in pre-contract discussions and review of securities submitted by bidders. Part H. 31. Staffing and Other Inputs

The Consultant is expected to provide the personnel for the indicated duration shown in the attached Table 1. However, the duration given are indicative and subject to variation during currency of the services by prior agreement with MOT/PMU1 and ADB:

Part I. Facilities 32. Project office, equipment and utilities for the Consultant will be financed under the consulting services contract. International and local transport, accommodation, field offices, material testing laboratories and other support services will also be financed under the consulting services contract. Part J. Reports 33.
Report Inception Report Progress Reports Interim Report Draft Final Engineering Designs and Bid Documents Phase 1 (4 provinces) Draft Final Engineering Designs and Bid Documents Phase 2 (5 provinces) Final Engineering Designs and Bid Documents Resettlement Plans Phase 1 Resettlement Plans Phase 2 Ethnic Minority Development Plans

The Consultant will submit the following reports, in the numbers and at the times indicated.
No. of copies PMU1 Each PPMU 5 3 5 3 5 3 3 3 3 3 5 5 5 3 10 3 3 3 Schedule end month 1 monthly end month 3 end month 4 end month 9 2 weeks from PMU1 comments end month 5 end month 10 end month 10

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IEE Reports Project Completion Report (PCR)

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end month 10 end of services

The PCR will contain evaluation on implementation arrangement for the design stage, project costs, schedules and procurement describing significant problems encountered during packaging, preparation of documents, evaluation of bids and recommendations to update implementation documentation prepared under TA 4034-VIE in the light of experience gained during these services.

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Table 1 Consultant Resources

Position International Staff: Team Leader/Highway Engineer Pavement Design Engineer Transport Economist Bridge Specialist Environment Specialist Resettlement Specialist Social Development Specialist Subtotal International Staff Domestic Staff: Domestic Team Leader/Highway Engr Geometric Design Engineer Structural Design Engineers 2 Hydraulogist / Hydraulics Engineer Geotechnical Design Engineer Quantity Engineer / Quantity Surveyor Contracts Engineer Environmental Specialists 2 AutoCAD Operators 2 Snr Resettlement Specialists 6 Jnr Resettlement Specialists 6 Social Development Specialists 3 Project Administrator Office Staff Person Months Field Home Total 12.0 3.0 1.0 1.0 2.0 10.0 6.0 35.0 12.0 3.0 1.0 1.0 2.0 10.0 6.0 35.0

12.0 12.0 12.0 6.0 6.0 6.0 4.0 4.0 18.0 60.0 60.0 18.0 12.0 12.0 242.0 km

12.0 12.0 12.0 6.0 6.0 6.0 4.0 4.0 18.0 60.0 60.0 18.0 12.0 12.0 242.0 545.0

Domestic Surveys and Investigations subcontracted to domestic companies: Road inventory and condition surveys Structures inventory and condition surveys Traffic counts and axle loads Land surveys Geotechnical investigations

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