B.08.02.11 Attachment 11_Parallel TWY_AF upgrade Apron Ext IA draft 2022_1010.pdf

UNCLASSIFIED

IMPLEMENTING AGREEMENT

CONSTRUCT PARALLEL TAXIWAY,

AIRFIELD UPGRADES, APRON

EXTENSION AT KECSKEMÉT AIR BASE

HUNGARY

IN IMPLEMENTATION OF THE AGREEMENT ON DEFENSE

COOPERATION BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF HUNGARY

Pursuant to the Agreement between the Parties to the North Atlantic Treaty Regarding the Status of Their Forces, done at London on June 19, 1951, (hereinafter "NATO SOFA"), and Article III of the Agreement on Defense Cooperation Between the Government of the United States of America and the Government of Hungary, signed in Washington on April 4, 2019 (hereinafter "the Agreement"), the Executive Agents have reached the following understanding:

1. SCOPE:

1.1 This Implementing Agreement (hereinafter referred to as DCA IA) shall further extend the framework for enhanced partnership and defense and security cooperation between the United States (hereinafter "U.S.") and Hungary as Host Nation (hereinafter "HN"; U.S and HN) and supplements the terms and conditions set forth in the NATO SOFA that govern the presence of U.S. forces, in specific situations indicated herein, the presence and activities of U.S.

contractors in the territory of Kecskemét Airbase Hungary (hereinafter "KAB”).

1.2 In accordance with joint deployment plans as initially discussed between Parties, KAB is planned to host at least 28 U.S Forces aircraft. In order to provide compliance with applicable NATO and national military aviation safety provisions, as well as to meet subsequent emergency training requirements, Parties agree to upgrade KAB airfield and to extend the APRON at KAB.

1.3. Therefore, Parties intend to establish a taxiway parallel with KAB main runway in accordance with NATO regulation no. MC 0445/2 Item 2. – Emergency Runway (Military Criteria) 3.a; which should be also designated as runway for emergency and training purposes (hereinafter referred to as Emergency Runway).

1.4 Drawing of the Emergency Runway is in appendix 1.

1.5 Drawing of the airfield upgrades is in appendix 2.

1.6 Drawing of the Apron extension is in appendix 3.

1.7. For the purposes of the DCA IA, the physical perimeters within KAB – as detailed in

Appendix 1-3. – are designated for the completion of infrastructural developments as detailed in 1.2 and 1.3 of this DCA IA 4, shall be hereinafter referred to as “Work Site”.

2. WORK SITE ACCESS

2.1 HN shall establish and maintain applicable access provisions at KAB regarding infrastructural development activities under this DCA IA and shall provide access control as well as an English language guideline to the designated U.S. representative at the Work Site.

2.2. U.S shall be responsible for providing access data and obtaining eventual or temporary access from KAB for all U.S. affiliates planned for KAB access; U.S. is responsible for its affiliates’ adherence to all guidelines established by the local KAB authorities for KAB access and shall be responsible for the daily access of related personnel and subcontractor workers. Access will be granted in accordance with provision of the Agreement, especially Article XXV, paragraph

3. of the Agreement.

2.3 Parties understand that personnel, vehicles and equipment shall be subject to security screening and optional search when entering or leaving KAB and at any time while on the installation.

2.4 For individuals who are expected to perform work onsite for five or more days in total - even if non-consecutively – U.S. shall apply for temporary installation/base pass and may not be "signed in" or otherwise presented as a "visitor". Failure to comply with this requirement may result in the loss of sign-in privileges and/or loss of installation access.

2.5 All personnel in possession of an installation/base pass issued for work under this contract shall return their pass to the issuing office upon completion of the contract work or upon termination of employment.

2.6 HN reserves the right to determine additional access control requirements such as immunization certificates, and quarantine clearance upon entering KAB.

2.7 The U.S. shall provide affiliate screening information 21 days prior to the anticipated access date in a request addressed to the commander of KAB.

2.7.1. The application must include the following information:

-Name of affiliate (s):

- ID card / Passport number:

- Date and place of birth:

- In the case of a foreign person, his/her nationality:

- Details of the vehicle (s) required for the work (type, registration number):

-Aim and time or period of entry:

2.8 An eventual or a temporary entry permit shall be evaluated and – subject to HN compliance

– issued upon request. U.S. Work Site representative (contractor) shall immediately inform the designated KAB office of any changes regarding affiliate identity or registry of vehicles used for the work.

2.9 Due to preliminary screening requirements on HN military installations, involvement of a new affiliate is recommended only after successfully obtaining access permit from KAB.

3. WORK AT KAB

3.1 When work is performed at KAB Work Sites, all U.S. affiliates, especially employees of the prime contractor, all subcontractor employees and all material suppliers' employees, who require access to the installation for any reason and for any length of time shall be required to obtain an installation/base pass in advance. Access will be granted in accordance with provision of the Agreement, especially Article XXV, paragraph 3. of the Agreement.

3.2 U.S. affiliates are expressly prohibited and shall be restricted from entering operational buildings or other non-Work Site areas without the specific authorization of the KAB. To perform work, where "security escorts" are required for access to a facility, the U.S shall coordinate in advance with the KAB for access to such facilities.

3.3 HN legal provisions prohibit access to certain areas of KAB which are under military control.

As deemed necessary, clearances to access these areas shall also be obtained from the designated KAB access office.

3.4 Areas to which rights of entry are provided by KAB are to be used only for work carried out under this Agreement. U.S. affiliates refrain from destruction or causing damage beyond normal tear and wear in absence of written HN authorization.

3.5 The U.S. shall be responsible for providing the necessary information (including but not limited to names of personnel, type and amounts of equipment, dates and length of time required at the site and purpose of entering the HN) to the KAB.

3.6 The U.S. shall affirm that all affiliates are made aware of environmental, health, labor, access and archeological provisions applicable. All specimens of archeological interest are HN-owned. If found at the Work Site, all activities must be ceased and findings shall be reported to KAB immediately for assessment.

3.7 The rules restricting movement within the construction site, as well as the safety regulations to be observed, shall be described by KAB in a prospectus to U.S. employees before the work is commenced.

3.8 Normal work hours are 0800 through 1700, Monday through Friday, excluding HN holidays. Work outside of these hours shall not be planned and performed without 3-working-day prior written approval of KAB.

3.9 In general, using cameras at and in the vicinity of HN military installations is prohibited and punishable under HN law. Specific permissions are required from KAB prior taking any photographs near and inside military perimeters.

3.10 For projects involving exterior work, a screen type fence is required to be erected around the entire work site perimeter before construction may commence. Where the project involves work in multiple areas, or where the exterior work is performed in limited areas, fencing is only required around the areas where exterior work is being performed. Additionally, any construction site or storage facilities shall be fenced in a similar manner. U.S. shall submit a plan (drawing) of the proposed location(s) of fencing prior to erection of any fence/screening at KAB.

3.11 Bilingual signs in English and the HN language shall be placed at the work area entry and along each side of the fencing. Fencing shall be completely secured at top and bottom to prevent access. Fences shall be screened with opaque screening material to prevent visibility inside the fenced area. Fences and screens shall be adequately staked and/or anchored to prevent blowing over during high wind conditions.

3.12 At the end of the work or when exterior work requires it, temporary fencing shall be removed by U.S.

3.13 U.S. shall provide control of dust, mud and/or debris on public roads and minimize dust pollution within newly constructed or renovated facilities.

3.14 U.S. shall be responsible for collection and disposal of all trash and waste material, including construction debris and excess soils from the work areas and from the mobilization area in a manner complying with all local laws. The U.S. shall locate temporary trash collection containers in compliance with the contract documents, installation procedures.

3.15 Due to active air force training and operational activities, additional precaution is required from all concerned regarding Foreign Object Debris (FOD) control. Standing KAB FOD provisions shall be respected and followed by all contributors.

4. STORAGE AREAS

4.1 All materials, equipment, and supplies shall be stored in accordance with manufacturers’ regulations, applicable HN regulations (e.g.: 4/2002. (II. 20.) MSF-MoH decree), as well as EM 385-1-1. In the event of conflicts, the most stringent shall govern.

4.2 Unless specifically authorized by the KAB, no materials may be stored in open areas exposed to the elements

4.3 Materials which are stored out-of-doors shall be adequately protected.

4.4 The KAB may direct the removal of any items which are stored improperly.

5. PHYSICAL SECURITY

5.1 The U.S. shall be responsible for physical security of all construction materials, supplies and equipment of every description provided and/or utilized in the execution of this DCA IA.

6. WASHING OF VECHICLES

6.1 U.S. Contractors and their subcontractors and suppliers shall not wash any vehicles, to include the cleaning/emptying of concrete mix trucks at KAB.

7. ENVIRONMENTAL PROTECTION

7.1 For KAB environmental operation Environmental Impact Assessment was developed under the Government Decree 314/2005. (XII. 25.) and approved by the HN National Environmental Authority. As a result of this, the construction also has an environmental permission, number: JN- 07/61/00359-10/2020., which includes the local project environmental regulations.

7.2 Environmental Protection Plan: If the project requires any outside work or the construction of temporary site facilities, the U.S. shall be responsible for providing an Environmental Protection Plan (hereinafter "EPP”) for the prevention of environmental pollution during and as the result of construction operations under this contract. This plan shall include all necessary erosion and sediment control measures and procedures to be implemented by the contractor and must be approved prior to mobilization to the site. The EPP is necessary in addition to any plans required by the installation or HN agencies at any level.

7.2.1The EPP shall include, at a minimum, the following:

- Identification of installation;

- HN and local laws, regulations, and permits concerning environmental protection;

- Pollution control and abatement that are applicable to the U.S.’ proposed operations and the requirements imposed by those laws, regulations and permits;

- Procedures to be implemented to provide the required environmental protection, to comply with the applicable laws and regulations, and to correct pollution due to accident, natural causes or failure to follow the procedures of the EPP;

- Methods for protection of features to be preserved within authorized work areas like trees, shrubs, agricultural crops grasses and ground cover, landscape features, air and water quality, fish and wildlife, soil, historical, archeological, and cultural resources;

- Procedures to be implemented to control and prevent fugitive dust during and as the result of construction operations under this contract.

8. PROTECTION OF PERSONNEL

8.1 The U.S. shall protect employees, Government personnel, other U.S. contractor employees and other persons staying in the area of effects from hazardous materials, and impacts including asbestos, which may be generated or exposed by their operations. Protective measures shall be implemented in accordance with HN law.

9. PROTECTION OF LAND RESOURCES

9.1 The land resources outside the limits of permanent work shall be preserved in its present condition or restored to its original condition after completion of construction. The U.S. shall confine construction activities to areas defined by the contract documents.

9.2 Except in areas shown on plans or specified to be cleared, the U.S. shall not deface, injure or destroy trees or shrubs, nor remove or cut them, without written authorization from the KAB.

Survey monuments or markers shall be protected before operations in the vicinity of the survey markers.

10. PROTECTION OF WATER RESOURCES

10.1 The U.S. shall not pollute streams or drainage courses with anything, including fuels, oils, bitumen, calcium chloride acids, construction wastes, or other harmful, hazardous materials. It is the responsibility of the Contractor to investigate and comply with all applicable local laws and directives concerning pollution. All work shall be performed so that objectionable conditions are not created.

10.2 Soil, surface and groundwater which has been contaminated by U.S. activities shall be excavated or pumped out, disposed of and replaced with suitable fill material, compacted and covered with top soil. The soil and water shall be cleaned by remediation technologies based on the rules implied by the approval of Environmental Authority.

11 . SPILLAGE

11.1 Special measures shall be taken to prevent chemicals, fuels, oils, greases, bituminous materials, waste washings, herbicides and insecticides, cement and other contaminants from contaminating the soil, surface or and ground-water.

11.2 The U.S. shall notify the KAB immediately if, as a result of their activities (to include the activities of their subcontractors and suppliers) spillage occurs which results in the contamination of soil or water. The U.S. shall immediately cease all work in the affected area and take all measures necessary to prevent further contamination.

11.3 Soil, surface and groundwater which has been contaminated by U.S. activities shall be excavated or pumped out, disposed of as directed by the KAB, and replaced with suitable fill material, compacted and covered with top soil, and cleaned by remediation technologies at the U.S.' expense. The U.S. shall provide written proof of disposal of any such materials at an authorized facility.

12 . DUST CONTROL

12.1 Control techniques for fugitive dust may include but are not limited to watering, chemical treatment, light bituminous treatment, or reduction of surface wind speed with wind breaks or source enclosures, the elimination of mud and dirt carry-out onto paved roads at construction sites, or clean-up of spillage on paved or unpaved travel surfaces and clean-up of materials spillage at transfer points. The methods utilized shall be appropriate for the size and scope of the fugitive dust source. Methods and controls shall not have adverse effects on plant and animal life, or contaminate the treated material.

12.2 Methods shall be repeated at such intervals as to keep all parts of the disturbed area treated at all times, and the U.S. shall have sufficient competent equipment on the site to accomplish control techniques. Products shall provide a method to reduce dust-related environmental concerns and aid in complying with applicable regulations. Products shall not in any form produce any adverse environmental effects through their use and shall provide an effective, clean, safe control of dust protection against soil erosion

13 . MATERIALS

13.1. Hazardous Materials

13.1.1 Prior to bringing any hazardous material onto construction site, the U.S shall submit to the KAB the types and quantities of any hazardous material (hereinafter “HM”) they plan to bring onto the military installation.

13.1.2 The submittal shall include the Material Safety Data Sheet (hereinafter “MSDS”) and storage requirements for the material. The U.S. shall coordinate with KAB regarding any special requirements for storage of HM.

13.1.3 The U.S. shall remove any remaining HM as soon as it is no longer required but in any event prior to completion of the construction.

13.1.4 Use of explosive materials in the context of the work defined in this contract is strictly prohibited.

13.1.5 Burning shall not be permitted.

14 . UTILITY OUTAGES AND UTILITY CONNECTION REQUESTS

14.1 The U.S. shall schedule work to minimize outages. For utility outages and connections required during the execution of work that affect existing systems, schedule utility outages and connections to minimize disruption to utility customers.

14.2 No utility outages shall be allowed without written approval from the KAB. This includes all permanent and temporary electrical, sewage, water, fuel, and communication utilities

14.3 The U.S. shall apply for utility outages at least 14 days in advance from KAB.

14.4 The U.S. is responsible for coordinating all outages directly with the appropriate authorities and providing all required documentation to them.

14.5 If, as a condition of approval, outages are required to be limited to weekends, holidays, or non-standard work hours, the U.S. shall perform the work during the time designated.

15 . EXCAVATION

15.1 The U.S. shall obtain all necessary permits in addition to written permission to excavate from the appropriate installation or local authority having jurisdiction prior to commencing with any excavation work.

15.2 Prior to any excavation, all underground utilities in the work area must be positively identified by the U.S. utilizing

a) a private utility locating service in addition to any installation locating service, and/or b) a metal and/or cable-detecting device along the route of the excavation. All underground utilities discovered shall be flagged a distance of one-half (1/2) meter on each side of the location, and any markings made during the utility investigation must be maintained throughout the construction.

15.3 The U.S. will physically verify underground utility locations, including utility depth, by hand digging using wood or fiberglass handled tools when any adjacent construction work is expected to come within 1 meter of the underground system. Outages to isolate utility systems must be used in circumstances where utilities are unable to be positively identified.

15.4 The U.S. will maintain open excavations only during installation and testing of piping, foundations, or other features. The U.S. shall be responsible for providing temporary drainage and/or pumping equipment necessary to keep excavations in a dewatered condition as necessary.

Provisions shall be made to protect excavations from collapse and erosion, and to ensure that runoff or discharge of water from excavations is properly channeled and disposed of to prevent sedimentation or pollution of streams, drainage systems, or nearby property.

15.5. In addition to any inspection, survey, or removal requirements identified elsewhere in this DCA IA, during the entire life of this DCA IA, the U.S. shall be responsible for performing survey and inspection of the work areas in accordance with HN standards, laws, and requirements to prevent danger to personnel and loss of equipment from unexploded ordnance (hereinafter

“UXO”).

16 . RESTORATION OF CONSTRUCTION SITE

16.1 Upon completion of the Agreement, all temporary facilities constructed by contractors shall be removed by the U.S. and disposed of in accordance with the applicable HN laws and regulations.

16.2 The site shall be cleared by the U.S. from construction debris and other materials and the area restored to its final grade.

17 . HN REQUIREMENTS

17.1. The requirements of this specification are in addition to and separate from those mandated by HN or local laws, including but not limited to the requirements of the European Union Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites for projects located in the European Union.

17.2. The U.S. shall comply with all HN Regulations including but not limited to 4/2002 (II. 20.)

SFM-MoH Joint Decree on the minimum safety requirements to be met at construction workplaces and during construction processes, 54/2014 (XII. 5.) MOI Decree (OTSZ) on the National Fire

Safety Regulations, 143/2004. (XII. 22.) ETM Welding Safety Codes, 45/2011. (XII. 7.) MOI Regulations for jobs required fire safety exam, fire safety exam training and execution of fire safety exams, 1993. XCIII. Law of labor safety, 1/2009. (I. 30.) HM Special labor safety rules for the Hungarian Defense Forces and Military National Security Agencies, 3/2002. (II. 8.) SFM-MoH Safety requirements of workplaces and 10/2016. (IV. 5.) NGM decree on the minimum level of safety and health requirements for the use of work equipment and the use thereof. Waste Management shall comply with all HN regulations including but not limited to 45/2004 (VII. 26.)

MoI-EPRDM joint decree on detailed rules for the management of construction and demolition waste

17.3. All personnel executing welding or using open flame during construction works shall have completed a HN type 1 fire safety exam. All certificates shall be kept and made available for checking on site.

17.4. Compliance with the special environmental requirements listed in the contract may be subject to authority control under HN law. Contractors and subcontractors shall comply with all HN Regulations including but not limited to Act No. LIII of 1995 on the General Rules of Environmental Protection, Act No. LIII of 1996 on Nature Conservation, Act No. XXV of 2000 on chemical safety, Act CLXXXV of 2012 on waste, No. 306/2010 (XII. 23.) Decree of the Government on the protection of the air, Governmental Decree No. 219/2004 (VII. 21.)

groundwater protection, Governmental Decree No. 220/2004 (VII. 21.) surface water protection and Governmental Decree No. 225/2015 (VIII. 7.) on laying down detailed rules of certain activities related to hazardous waste.

18 . PROTECTION OF NATURAL RESOURCES

18.1 U.S, shall minimize interference with, disturbance to, and damage to fish, wildlife, and plants, including their habitats. Prior to the commencement of activities, consult with the KAB, regarding rare species or sensitive habitats that need to be protected. The protection of rare, threatened, and endangered animal and plant species identified, including their habitats, is the U.S’ responsibility. The following species are known and could be affected within the construction area:

gophers and many of protected plants. The HN manages this protected species. If the U.S.

recognize the appearance of the protected species on the construction area it should be immediately reported to HN.

The yearly nature protection tasks, as the monitoring and management are also HN responsibilities.

18.2 U.S shall preserve the natural resources within the project boundaries and outside the limits of permanent work. Restore to an equivalent or improved condition upon completion of work that is consistent with the requirements of the Installation Environmental Office or as otherwise specified. Confine construction activities to within the limits of the work indicated or specified.

18.3 U.S shall mark the areas that need not be disturbed under this Agreement prior to commencing construction activities. The isolated areas marked or fenced by KAB within the general work area that are not to be disturbed by U.S. The U.S. protects monuments and markers before construction operations commence. Where construction operations are to be conducted during darkness, any markers must be visible in the dark. Personnel must be knowledgeable of the purpose for marking and protecting particular objects.

19 . MILITARY MUNITIONS

19.1 In the event military munitions, as defined in 40 CFR 260, are discovered or uncovered, U.S. shall immediately stop work in that area and inform the KAB.

20 . FINANCE

20.1 U.S. shall finance the construction of the parallel taxiway with emergency runway feature, the airfield upgrades and the extension of the APRON at KAB as detailed in 1.2-1.3 of this DCA

IA 4.

21. OPERATION AND MAINTENANCE

21.1. Following a completed handover/takeover, HN shall bear the maintenance cost of the infrastructural investments, which are constructed by U.S.

21.2. U.S’ aircraft and ground support equipment shall have priority to use military installations constructed by U.S. HN and NATO forces can use them subject to availability.

22. DISPUTES

22.1. In the good spirit of the DCA Agreement, Executive Agents of the Parties will consider issues, concerns or disagreements associated with activities addressed in this Agreement that cannot be resolved at a lower level as a matter for consultation.

22.2 In case of conflict between this Implementation Agreement and the NATO SOFA or DCA Agreement, the NATO SOFA and DCA Agreement will prevail.

23. IMPLEMENTATION

23.1 Executive Agents, as defined in the DCA Agreement, or their Designees specified in Appendix 4, will act as liaisons for all matters under this Agreement. The information in Appendix 4 may be updated without modifying this Agreement by providing the updated information in writing to the Executive Agents or their Designees.

23.2 This Implementation Agreement may be modified at any time, with the mutual written consent of the Executive Agents. Any modifications are to be done in writing.

23.3 This Implementation Agreement becomes operative upon signature and remains operative as long as the Agreement remains in effect or until terminated upon one (1) year's written notice by either Executive Agent

23.4 In WITNESS WHEREOF the undersigned being duly authorized by their respective Governments, have signed this Agreement.

23.5 Signed in _________, on _____________, in two original copies, in the English language.

EXECUTIVE AGENT

FOR THE UNITED STATES EXECUTIVE AGENT FOR HUNGARY

APPENDIX 1

APPENDIX 2

APPENDIX 3

APPENDIX 4

EXECUTIVE AGENT DESIGNEE INFORMATION

United States Department of Defense:

Hungarian Ministry of Defense:

U.S. CERTIFYING AUTHORITY INFORMATION

A representative from the Office of Defense Cooperation in Budapest can certify the tax exemption and tax reimbursement form. For visiting U.S. DoD elements in Hungary managing projects, the certifying authority must be in the rank of O-5/GS-14 or higher.