B.08.03.02 Amendment 0001 20023.02.07 - Hungary Additional Considerations.pdf

ADDITIONAL CONSIDERATIONS

These Host Nation (HN) considerations are provided in addition to the terms and conditions provided for in the contract. In the event that any provisions of contract specifications, drawings, terms, conditions, or clauses, conflict with the additional considerations provided below, the terms and conditions specified in the contract shall take precedence.

SITE ACCESS

1. Access to the installation is controlled by the HN and all contractors and their personnel must comply with the requirements for access established by the HN. The U.S.

Government does not maintain control over the access procedures and does not warrant access for any individual or groups of individuals.

2. Contractors are responsible for providing the data necessary in order to obtain permanent or temporary installation access.

3. Contractors shall adhere to all rules, regulations and guidelines established by the local

HN authorities for installation access and shall be responsible for the daily access of related personnel and subcontractor workers. Should the contractor fail to comply with the rules and regulations established by the HN, they, or their employees, may be barred from the installation. If, as a result, the contractor is unable to perform, the U.S.

Government may determine that the contractor is in default of the contract.

4. Contractor personnel who are expected to perform work onsite for five or more days in total - even if non-consecutively – should apply for a temporary installation 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.

5. All personnel in possession of an installation 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.

6. Personnel, vehicles and equipment shall be subject to security screening and optional search when entering or leaving the installation or at any time while on the installation.

7. The HN has reserved the right to determine additional access control requirements such as immunization certificates, and quarantine clearance upon entering the installation.

8. Contractors are responsible for providing the data/information required to conduct security screening at least 21 days prior to the anticipated access date The application must include the following information:

8.1 Name of affiliate (s)

8.2 ID card / Passport number:

8.3 Date and place of birth:

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

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

8.6 Date or period of entry

9. Permanent and temporary installation access shall be evaluated and – subject to HN compliance – issued upon request.

10. The Contractor is to immediately inform the designated installation office of any changes regarding affiliate identity or registry of vehicles used for the work.

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

WORK ON THE INSTALLATION

1. When work is performed on the installation, all contractor and 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.

2. Contractor personnel are expressly prohibited and shall be restricted from entering operational buildings or other non-Work Site areas without the specific authorization of the HN. To perform work, where "security escorts" are required for access to a facility, the prior coordination is required to access to such facilities.

3. Contractors shall refrain from destruction or causing damage beyond normal tear and wear outside of the designated work area in absence of written HN authorization.

4. The Contractor is responsible for providing the HN with necessary information related to installation access to include 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.

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

6. The installations 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 the Government and HN representatives.

7. Without prior approval, the use of cameras on the HN military installations is prohibited and punishable under HN law. Specific permissions are required from the HN prior taking any photographs near or inside military perimeters.

8. The Contractor is responsible for the placement of proper construction fencing and signage in accordance with the terms of the contract.

9. The Contractor is responsible for the reasonable provision of the control of dust, mud and/or debris on installation roads and shall take measures to minimize dust pollution within newly constructed or renovated facilities. The methods utilized shall be appropriate for the size and scope of the dust source. Methods and controls shall not have adverse effects on plant and animal life, or contaminate the treated material.

10. In accordance with the terms of the contract, the Contractor shall be responsible for the 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 HN laws and regulations. The Contractor shall locate temporary trash collection containers in compliance with the contract documents and installation procedures.

11. As the installation hosts active air force training and operational activities, the Contractor is responsible for taking additional precaution regarding Foreign Object Debris (FOD) control.

12. All materials, equipment, and supplies shall be stored in accordance with manufacturer’s 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 protective shall govern.

13. Unless specifically authorized, materials should not be stored in open areas exposed to the elements but instead should be covered and adequately protected.

14. In accordance with the terms of the contract, the Contractor shall remain responsible for the security of all construction materials, supplies, and equipment until contract completion/acceptance.

15. The Contractor shall schedule work to minimize utility 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.

16. No utility outages shall be allowed without written approval from the U.S. Government and the HN. This includes all permanent and temporary electrical, sewage, water, fuel, and communication utilities

17. The Contractor shall apply for utility outages at least 14 days in advance. The Contractor is responsible for providing all documentation and information necessary. The Contractor may be required to schedule utility outages for weekends or after hour times.

ENVIRONMENTAL CONSIDERATIONS

1. The Contractor and subcontractors shall not wash any vehicles, to include cleaning/emptying of concrete mix trucks on the installation.

2. The installation 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 environmental permission number for this project is: JN- 07/61/00359-10/2020., which includes the local project environmental regulations.

3. If performance of the contract requires any outside work or the construction of temporary site facilities, the Contractor is responsible for providing an Environmental Protection Plan (hereinafter "EPP”) in accordance with HN law 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.

4. EPP shall include, at a minimum, the following:

4.1 Identification of installation;

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

4.3 Pollution control and abatement that are applicable to the proposed operations and the requirements imposed by those laws, regulations and permits;

4.4 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;

4.5 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;

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

5. If hazardous materials (e.g., asbestos) are uncovered or generated as a result of

Contractor operations, the Contractor is responsible for providing adequate protections to employees, Government personnel, other U.S. contractor employees and other persons within the affected area. Protective measures shall be implemented in accordance with either U.S. safety requirements or HN law, whichever is more protective.

6. The areas outside of the construction limits will be preserved in its present condition or restored to its original condition after completion of construction. The Contractor shall confine construction activities to areas defined by the contract documents.

7. Unless specified in the contract drawings and specifications, the Contractor shall not injure, destroy, cut, or remove trees or shrubs without prior written authorization.

8. The Contractor shall take measure to prevent contamination of the soil, surface or ground water. The Contractor 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. In the event of soil, surface or groundwater contamination caused by Contractor activities, the Contractor shall take measures to excavate, pump, dispose, and replace the material with suitable fill material. The Contractor shall provide written proof of disposal of any such materials at an authorized facility.

9. The Contractor shall notify the U.S. Government 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 Contractor shall immediately cease all work in the affected area and take all measures necessary to prevent further contamination.

EXCAVATIONS

1. The Contractor shall obtain all necessary permits and written permissions from the installation or HN authority required to excavate prior to commencing with any excavation work.

2. Prior to any excavation, all underground utilities in the work area must be positively identified by the Contractor utilizing methods approved by the U.S. Government.

3. The Contractor will maintain open excavations only during installation and testing of piping, foundations, or other features. The Contractor is 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.

4. In the event that UXO or other munitions are discovered or uncovered, the Contractor shall immediately stop work and notify the U.S. Government and installation representatives.

HN REQUIREMENTS

1. In addition to the safety requirements of the contract, the Contractor should respect the requirements 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.

2. The Contractor shall also be cognizant of and ensure that HN safety regulations are not violated. Some relevant HN regulations include but are 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.

3. Contractor 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.

4. The Contractor shall be cognizant of and take steps to ensure HN environmental laws and regulations are not violated, 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.