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represent more than the final allowable and allocable, and reasonable CBIS Project Costs, COUNTY will refund TSA sufficient funds such that TSA’s total reimbursement will equal no more than the final allowable, allocable and reasonable CBIS Project Costs. 4, All costs requested for reimbursement must satisfy the requirements of both TSA’s PDGS and OMB Circular A-87. In general, the costs for which TSA will provide reimbursement under this Agreement are limited to those costs associated with the CBIS area, the Checked Baggage Resolution Area (CBRA), and EDS network equipment room (if applicable to the CBIS Project) as defined in TSA’s PDGS. Appendix F of the TSA’s PDGS provides guidance regarding the reimbursable costs for TSA CBIS Projects. A. Examples of costs commonly considered reimbursable under this Agreement include: e Soft cost allowances consisting of Design Fees, Project Management, Construction Management, Escalation, Design Contingency and Construction Contingency e Construction Costs: - Demolition (airport building or BHS components related to the CBIS area.) - BHS infrastructure upgrades, platforms, catwalks located within the CBIS screening area. - BHS: The BHS portion located within the CBIS screening area, including redesign and upgrading of conveyors to support the integration of the EDS screening system. - Conveyor redesign and upgrade within the CBIS screening area. - Build out of the EDS network equipment room - Acoustical treatment in the CBRA area. - Heating, Ventilation, Air Conditioning (HVAC) to maintain equipment and employee environmental requirements for CBIS, CBRA and EDS network equipment room. - Electrical and communications infrastructure (cabling, control panels) and basic lighting fixtures for the CBIS and CBRA. - Telephone systems/pager systems for TSA CBIS screening area. - Basic architectural finishes. Page 3 of 39 HSTS04-13-H-CT1161 Identification of cost classifications herein does not create any obligation on TSA’s part beyond the requirements found in OMB Circular A-87 and TSA’s PDGS. B. Examples of costs not considered reimbursable include, but are not limited to: e Exterior Building Shell. e Baggage make-up carrousels or outbound sortation systems. e Maintenance, repair parts or spare parts (other than spare parts which are initially provided by the Original Equipment Manufacturer during the installation of new equipment) for airport terminal improvements including the baggage handling conveyor components installed under this Project. e Manual encoding consoles or stations. e Employee break rooms, administrative office space and restrooms not intended for the sole use of TSA staff. e Architecturally pleasing enhancements. e Extended warranties beyond one (1) year. 5. Change Orders shall not be considered authorization to exceed the TSA Reimbursement Limit unless COUNTY submits to TSA prior written notification of the expected impact to the CBIS Project Cost and the corresponding impact to the TSA Reimbursement Limit, and the TSA agrees in writing to the proposed Change Order, including the proposed increase to the CBIS Project Cost and the TSA Reimbursement Limit. COUNTY may not use the TSA contingency funds provided for the Project, as identified by TSA as part of this Agreement, without prior TSA written approval. ARTICLE V: PROJECT RESPONSIBILITIES The primary Project responsibilities of the TSA and COUNTY are outlined below. In addition to primary Project Responsibilities, specific technical responsibilities for the two parties are contained in Appendix C, “Project and Acceptance Testing Requirements”, attached hereto and incorporated by reference into this Agreement. The Project will be overseen by COUNTY, except for those portions of the Project that are TSA’s sole responsibility as set forth in this Agreement. A. TSA Responsibilities 1. Provide the TSA’s PGDS, as well as the EDS equipment specification upon request from the Airport. 2. Advise as to the type of EDS equipment to be provided at each Project design phase submission. 3. Furnish, deliver, install and test the EDS and ETD equipment. 4, Provide EDS Original Equipment Manufacturer Technical Support Advisory Services to the Airport regarding installation, integration and networking of the EDS units into the BHS. 5. Provide the CBIS System Specific Test Plan (SSTP) to the Airport for the commissioning, coordination and testing of the CBIS. See Appendix D for testing Page 4 of 39 HSTS04-13-H-CT1161 details. See Appendix B for further specifics relating to the TSA testing portion of the Project. 6. Establish and conduct the Integrated Site Acceptance Testing (ISAT) for the in-line CBIS performance capabilities with joint support from the Airport. 7. Review and approve ISAT results before the in-line CBIS is certified as ready for operational use. 8. Provide training for Transportation Security Officer personnel on the EDS equipment. 9. Evaluate the in-line CBIS in operation for 30 days after substantial use begins. 10. Review and consider requested changes submitted by the Airport to the CBIS design. Any changes in scope or associated costs must be approved in accordance with Article XII “Changes and/or Modifications”. 11. Provide maintenance, repair, and refurbishment to all TSA EDS and ETD equipment throughout its life cycle at no cost to COUNTY. B. COUNTY Responsibilities 1. Except for the responsibilities of the TSA, as outlined above, the CBIS Project will be managed and overseen by COUNTY. COUNTY, acting through such contractors as it may engage, will provide the engineering and design services, as well as the associated construction and baggage handling system contractors, necessary for successful completion of the Project. COUNTY will provide oversight of such contractor(s) to ensure the Project conforms to the TSA endorsed design, PGDS criteria and is completed within the prescribed costs and schedule identified and incorporated herein as Appendix B. CBIS designs should be OSHA compliant; adhere to the applicable EDS and ETD installation and integration guide specifications; and should comply with all applicable Federal, State, and local building regulations. Provisions will be made in the CBIS design that will allow TSA and its contractors full ingress to and egress from the CBIS atea for the installation, operation, testing, maintenance, and repair of the EDS and ETD equipment. Obtain all necessary construction licenses, insurance permits and approvals. COUNTY shall deliver a firm EDS delivery schedule requirement date to TSA no later than 60 days after construction contract award. This schedule will be reviewed and approved by TSA based on OEM EDS delivery schedules. If project cannot meet the acceptance date, COUNTY will be responsible for the safekeeping of the EDS in a secure and climate controlled environment until such time the system(s) can be installed at the agreed upon site. COUNTY will be solely responsible for any damages and or extra startup costs associated with or that occur during this delay. Ensure the Project site will be ready to accommodate the installation of the EDS units when delivered. Project site preparation includes, but is not limited to, BHS modifications, mechanical, heating, electrical site preparation, including infrastructure to protect electrical or fiber optic cables, environmental controls, and any other airport terminal infrastructure work required to support the operational environment of the EDS and ETD units. Facilitate the installation of the EDS units by providing a clear path during rigging and EDS installation, and provide sufficient space to allow for initial deployment activities (such as uncrating the device). Page 5 of 39 7. 8, 9. 10. 11. 12. 13. HSTS04-13-H-CT1161 Provide three (3) feet of maintenance access space around the equipment so that spare parts may be removed and replaced. Once installed, provide reasonable measures to protect the EDS and ETD equipment from harm, theft, and water intrusion in the screening area. Prior to TSA ISAT Testing, it shall be COUNTY responsibility to exercise due diligence to protect and insure the EDS equipment from damage due to ongoing construction or weather. The Airport shall provide for personnel, assistance, equipment and support services to jointly execute the Test Readiness Review (TRR) and ISAT leading to the commissioning and acceptance of the CBIS. Support will include but not be limited to: a. Test bag laydown and storage areas secure and protected from the elements. b. Baggage handlers for test bag staging, induction and retrieval during testing and commissioning including personnel and equipment necessary to move test bags between staging and ISAT areas. c. Ensure representatives of the Baggage Handling System Contractor (BHSC), and System Programmer(s) are on site to run the CBIS during ISAT and resolve deficiencies found during testing. d. Airport badging required for TSA contractor ISAT team members shall be executed in a timely manner such that no greater than two (2) trips to the airport are necessary to complete all badging requirements to be issued and receive an airport badge. Should this requirement not be met, the Airport/ILDT shall provide all escorts necessary to allow the TSA ISAT Team to conduct the ISAT and follow-on live operations run-in observation. e. Provide TSA and their Contractors full and complete most recent documentation of the project to include “approved for Construction” sets of the mechanical, electrical and controls drawings and control descriptions, see Appendix B for details. Perform and bear all cost of the operation, maintenance and repairs for the airport terminal installed property such as the baggage handling conveyor system, including the conveyors in the baggage screening matrix, heating, air conditioning, electrical and mechanical infrastructure in support of this Project. Submit monthly milestone and project progress status reports by the 10" of each month to the TSA Regional Deployment Coordinator (RDC), TSA Site Lead Contractor and TSA Contracting Officer. Specific requirements for the content of the monthly project status report are identified in Appendix D. CBIS designs and construction shall meet all requirements of the TSA Security Technology Integrated Program (STIP) Data Requirements for Checked Baggage Systems as shown in Appendix E. The Airport shall provide all deliverables required in the STIP Data Requirements to the TSA RDC. For additional clarification regarding roles and responsibilities see Appendix B. C. Operation and Maintenance Costs It is understood and agreed that the EDS and ETD security screening equipment are and will at all times remain the property of the TSA. TSA will maintain, repair, and refurbish the EDS and ETD units at no cost to COUNTY. Page 6 of 39 HSTS04-13-H-CT1161 Except for the EDS and ETD security screening equipment owned by the TSA and separately provided for use at the Airport, COUNTY shall own and have title to all airport terminal building improvements made in accordance with this Agreement such as heating, ventilation, air conditioning, electrical and mechanical infrastructure, baggage handling conveyor systems and controls, or other assets which are acquired and installed under this Agreement in support of this Project. It will remain the responsibility of COUNTY, its contractors or lessees acting through such agents as it may use, to maintain, repair and or replace such airport property to sustain the operational environment of the EDS and ETD security screening equipment. Title to all airport terminal building improvements that were purchased or reimbursed using Federal funds for this Project, shall become the property of COUNTY, whether purchased with TSA, or COUNTY funds. D. Deliverables Appendix E identifies other required deliverables to be submitted by COUNTY. ARTICLE VI -

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