Attach_04_Rev_01_21_B_0002_WGR_SOW_R01_20210723.pdf

Printed on: Friday, March 19, 2021 @ 13:51

SCOPE OF WORK, REV 01

All Revision 01 are highlighted in Yellow

Current as of: July 23, 2021

WGR: Construct Fuel Dispensing Station

AQRC: 182003

1. CONTRACTOR RESPONSIBILITIES: The Contractor is responsible for providing all management, supervision, financial resources, plant, labor, equipment, and materials necessary to perform the work detailed for this project and provide a complete and useable system to the Government. All work and deliverables shall be in accordance with (IAW) this Scope of Work (SOW), all associated documents & attachments, Industry Standards, Governing Codes, and Federal Regulations (FAR, DFARS, & AFARS).

It is the Contractor’s responsibility to ensure compliance with all requirements briefed at the Pre-Bid Conference, Site Visit, Pre-Construction Conference (Environmental, Safety, Fire Department, Security, etc.), and all documents posted to www.beta.SAM.gov.

2. PROJECT DESCRIPTION: The Contractor shall provide all plant, labor, material, and equipment to construct a Fuel Dispensing Station at the 177th Fighter Wing, Detachment 1, Warren Grove Gunnery Range. Warren Grove Range is located in Little Egg Harbor Township, Burlington County, NJ Rt. 539 mile marker 7.5.

This project will support the future installation of an above ground 5,000 gallon Trans Cube Fuel Storage Tank and fuel dispensing station. The general scope of this project includes the construction of concrete fuel storage pads, a concrete fuel dispensing pad, traffic bollards, & electrical requirements.

NOTE 01: The 5,000 gallon Trans Cube Fuel Storage Tank and dispensing equipment are NOT part of this project.

NOTE 02: Excess clean fill and spoils from excavations may be disposed of on site. Haul route is approximately ½ mile. Contractor is responsible for providing all equipment and labor for stockpiling spoils. Spoil site shall be neat & clean. Contractor is responsible for any soil erosion control at the spoils site.

2.1. CLIN 001 - FUEL DISPENSING STATION

2.1.1. Fuel Storage Tank Concrete Pads: Pour two (2) adjacent concrete slabs in accordance with the following requirements:

2.1.1.2. Size: 15’ x 35’ (1 pad)

2.1.1.3. Size: 16’ x 16’ (2nd pad)

2.1.1.3.1. Ref: Attached 03 Pad Layout

2.1.1.4. Compression Strength: 4000 psi

2.1.1.5. Thickness: 10in

2.1.1.6. Finish: trowel with fine broom

2.1.1.7. Reinforcement: 2 layers (top and bottom) of #4 rebar in each direction

2.1.1.7.1. 16” on Center

2.1.1.7.2. Minimum 3 in cover

2.1.1.8. Air content: 6% +/- 1%

2.1.1.9. Slump: 4 inches +/- 1”

2.1.1.10. Subbase: Three 6in lifts of Dense Graded Aggregate (DGA) in accordance with NJDOT 901.10

2.1.1.11. Note: The top of the pad should be placed and should be finished flat/level (no crown).

2.1.1.12. Pads will be separated via expansion joint.

2.1.1.13. Control joints: Provide layout submittal prior to installation

2.1.1.14. See Attachment 1 for site layout

2.1.2. Dispensing Concrete Pad: Construct a concrete pad in accordance with the following requirements:

2.1.2.1. Size: 20’ x 40’

2.1.2.2. Compression Strength: 4000 psi

2.1.2.3. Thickness: 6in

2.1.2.4. Subbase: Two 6in lifts of Dense Graded Aggregate (DGA) in accordance with

NJDOT 901.10

2.1.2.5. Finish: trowel with fine broom

2.1.2.6. Reinforcement: 6” welded wire mesh

2.1.2.7. Control joints: Provide layout submittal prior to installation

2.1.2.8. Air content: 6% +/- 1%

2.1.2.9. Slump: 4 inches +/- 1”

2.1.2.10. Note: Pad will be traffic rated at 250 PSF

2.1.3. Bollards: Provide traffic safety bollards every 4’ around the exterior edge of the concrete

Fuel Storage Pads. Bollards shall be:

2.1.3.1. Schedule 40 galvanized 6” diameter steel piping filled with concrete, height & depth as indicated

2.1.3.1.1. Piping shall be suitable for below grade installation embedded in concrete.

2.1.3.1.2. Ref: Attachment 02 – Bollards detail

2.1.3.2. Bollards shall have Safety Yellow UV Resistant Plastic Bollard Sleeves

2.1.3.3. Portland Cement ASTM C150/C150M Type I II or III.

2.1.3.4. Aggregate: ASTM C33/C33M, maximum size ¾ inch

2.1.3.5. Concrete Strength: 4500 psi 28 day minimum compressive strength

2.1.3.6. Admixture: ASTM C260/C260M for air-entraining.

2.1.4. Electrical Requirements: Provide electrical power to support fuel dispensing equipment and associated emergency shutoff devices. Electrical service shall be routed from existing storage building to new fuel storage pad to support the following equipment:

2.1.4.1. Electrical Equipment

2.1.4.1.1. (1) 220V 1 phase power ½ HP pump motor

2.1.4.1.2. (2) ½ HP pump motors

2.1.4.1.3. (1) Fuel Dispenser-120V fractional HP motor

2.1.4.1.4. 120v Lighting Circuit, (1) 20 amp circuit

2.1.4.1.5. Fuel Management Equipment, (1) 20 amp circuit

2.1.4.1.6. NOTE: Electrical equipment will be installed by the Government at a later date and is NOT part of this project. Equipment specifications are provided for conductor sizing only.

2.1.4.2. Circuit length is approx. 180’ from electrical panel to fuel pad location.

2.1.4.3. All conduit to be threaded rigid metallic conduit (RMC), and a minimum of ¾”.

2.1.4.4. Contractor MAY, at his discretion, re-use the existing above grade ¾” conduit on the outside of existing storage building if the following conditions are met:

2.1.4.4.1. Contractor is responsible for verifying that the existing conduit is sized per the NEC for the electrical loads associated with this project.

2.1.4.4.2. Existing conductors may NOT be re-used. Contractor is responsible for the removal & disposal of existing conductors.

2.1.4.4.3. Contractor is responsible for securing the existing conduit per the NEC

2.1.4.5. Trench approx. 90’ from pole barn to fuel pad location @ 24” deep

2.1.4.6. Marking tape to be installed @ 12” above conduit prior to backfilling trench.

2.1.4.7. Circuits shall terminate in hazardous rated junction box along outer edge of fuel pad. Junction box shall have minimum of three unused treaded conduit openings for connection to fuel dispensing equipment.

2.1.4.8. Junction box shall be 18” above pad and inset 5’ from front edge of fuel pad.

2.1.4.9. Conduit seal offs shall be installed at required locations.

2.1.4.10. Emergency fuel shutoffs shall be installed on the NW corner of storage building.

2.1.4.11. Installed equipment and hardware shall be rated for outdoor use.

2.2. CLIN 0002 – ABI 001- Existing Slab Demolition: CLIN 0002 DELETED IN ENTIRETY

2.2.1. Existing Slab Demolition: Demolish and remove existing 8 inch minimum concrete pad.

2.2.1.1. Dimensions: Approximately 20 feet long and 30 feet wide concrete slab.

2.2.1.2. Backfill and compact the area to match existing grade with dense graded aggregate.

2.2.1.3. Demolish and remove 9 existing concrete filled steel bollards

2.3. PROJECT MANAGEMENT & SITE SUPERINTENDANT (ref: FAR 52.236-6)

2.3.1. The contractor shall be required to provide a dedicated Site Superintendent through completion of the project. The Site Superintendent MUST be on site at all times during active construction activities.

2.3.2. Project Manager, Quality Control and Superintendent Positions are considered key positions. These positions SHALL NOT be subcontracted below the Prime Contractor.

2.4. COMPLETE USEABLE SYSTEM

2.4.1. This scope of work is for a complete useable system. All components not specifically shown, detailed, or discussed but essential in whole or in part, and required for the intended operation of the system shall be included in the offerors proposal as if specifically shown. In the event of any discrepancy or question, the offeror shall bring it to Contracting Officer’s attention prior to submitting their proposal.

2.5. PROJECT MANAGEMENT SOFTWARE

2.5.1. Projectmates Project Management software will be utilized to manage & administer this project.

2.5.1.1. Projectmates Construction Program Management Software is a commercially available web based project management software solution with a complimentary mobile application available on the Android & IOS platforms.

2.5.2. The Contractor shall be responsible for ensuring that ALL key personnel receive training and are proficient in the use of the software.

2.5.3. All project documentation will be submitted, reviewed, and maintained with in the Projectmates environment.

This includes, but is not limited to: Material Submittals, RFI, Payrolls, Certificates of Insurance, Invoice Pencil Requisitions…

2.5.4. Contractor is responsible for the Contractor Training Fee and monthly fees for the duration of the project.

2.5.4.1. Projectmates pricing schedule attached to this Scope of Work. Ref: Attachment 04

2.6. ADMINSITRATIVE

2.6.1. Bi-weekly Progress Meetings: Meetings will be held via video-conference on the Cisco Webex platform. Contractor Project Manager shall be required to attend Site Visits, Inspections, Walk- Throughs, and Meetings in person and on site as required for successful project completion or as directed by the Contracting Officer.

2.6.2. Progress Report – AF 3065: Contractor shall provide material and labor cost breakdowns on Air Force Form 3065 no later than noon the day before the Progress Meeting.

2.6.2.1. AF 3065 shall be broken out by CLIN. AF 3065 shall contain an adequate amount of detail to accurately track project completion.

2.6.3. Material Submittals

2.6.3.1. Material Submittal Register: Contractor is responsible for submitting all material on the

Material Submittal Register to the Government for Approval prior to fabricating, procuring or installing any equipment on the project.

2.6.3.2. Minimum Material Submittals required are listed on the Material Submittal Register included in the Solicitation.

2.6.3.3. Additional Material Submittals may be required in accordance with Contract Provisions & Clauses included in the Contract (SF1442) or as required by the Contracting Officer to ensure that the project meets all applicable Codes, Standards, Regulations and minimum Contract Requirements. Any additional Material Submittals will be provided by the Contractor as no additional cost to the Government.

2.6.4. CPM Schedule (ref: FAR 52.236-15)

2.6.4.1. Contractor shall provide CPM Construction Schedule within 10 days of the date of Contract Award. Minimum Work Breakdown Structure on the CPM shall include start, completion dates, phasing, & critical milestones.

2.6.4.2. CPM must be Approved by the Contracting Officer prior to Mobilizing to site.

2.6.4.3. Construction Schedule will be reviewed at each bi-weekly progress meeting.

2.7. NOTE

2.7.1. All quantities listed in this Solicitation are for planning purposes only. Contractor is responsible for verifying all quantities and using his own measurements for proposal purposes.

3. APPLICABLE CODES AND STANDARDS: Applicable Codes and Standards shall include, but not be limited to, all pertinent requirements of the following organizations most current standards:

3.1. API – American Petroleum Institute

3.2. NFPA – National Fire Protection Association

3.3. UL – Underwriters Laboratory, Inc.

3.4. ASTM – American Society for Testing and Materials

3.5. ACI – American Concrete Institute

3.6. ANSI – American National Standard Institute

3.7. AIEE – American Institute of Electrical Engineers

3.8. ASME – American Society of Mechanical Engineers

3.9. ASCE – American Society of Civil Engineers

3.10. CRSI – Concrete Reinforcing Steel Institute

3.11. IPCEA – Insulated Power Cable Engineers Association

3.12. NBS – National Bureau of Standards

3.13. IEEE – Institute of Electrical and Electronic Engineers, Inc.

3.14. NEC – National Electric Code

3.15. NBFU – National Bureau of Fire Underwriters

3.16. NEMA – National Electric Manufacturers Association

3.17. OSHA – Occupational Safety and Health Administration

3.18. NAPHCC – National Association of Plumbing – Heating – Cooling Contractors

3.19. National Standard Plumbing Code

3.20. ARI – Air Conditioning and Refrigeration Institute

3.21. ASHRAE – American Society of Heating, Refrigeration and Air-Conditioning Engineers

3.22. AMCA – Air Movement and Control Association

3.23. NRCA – National Roofing Contractors Association

3.24. UBC – Uniform Building Code

3.25. NFC – National Fire Code

3.26. NJDOT – Standard Specifications for Road and Bridge Construction – New Jersey Department of Transportation

4. TRASH DISPOSAL: It is the Contractor’s responsibility to dispose of all trash and debris incurred during project construction. Construction waste and debris shall be disposed of off base at an authorized disposal site in accordance with local, state and federal requirements.

5. WORK WEEK AND HOURS OF OPERATION: BCE workweek is Warren Grove Range Personnel core work hours are Tuesday through Friday, 8:30am to 5:00pm. The Contractor must make arrangements in advance to work outside of normal duty hours.

Contractor work hours are Monday – Friday 7:00am – 5:00pm. The Contractor must make arrangements; a minimum of one week in advance, to work outside these hours. i.e.: Saturday work or early morning work for concrete pours.

6. RESTRICTED AREAS: There are numerous areas that are restricted and access to these areas must be coordinated through the BCE Office. The Contractor shall coordinate, three days in advance, for arrangements required to work in these areas. Contactors working in restricted areas shall be required to provide the BCE with a list of names and social security numbers for all personnel expected to work in these areas.

7. MEASUREMENT VERIFICATION: It shall be the Contractors responsibility to verify all measurements, sketches, and descriptions of work for the project.

8. PROJECT DURATION: Duration of this project is 180 Calendar days after date of Contract Award. The completion time includes inspections and final cleanup of the premises. Take note of the following Federal Holidays when the base will be closed:

8.1. New Year’s Day - 1 January

8.2. Martin Luther King’s Birthday - Third Monday of January

8.3. President’s Day - Third Monday of February

8.4. Memorial Day - Last Monday of May

8.5. Juneteenth - 19 June

8.6. Independence Day - 4 July

8.7. Labor Day - First Monday in September

8.8. Columbus Day - Second Monday in October

8.9. Veteran’s Day - 11 November

8.10. Thanksgiving Day - Fourth Thursday in November

8.11. Christmas Day - 25 December

8.12. NOTE: Base Scheduled Day Off (SDO)

8.12.1. If the Federal holiday occurs on a Monday; the base will observe an SDO and be closed the preceding Friday in addition to the Federal Holiday.

8.12.2. Contractors will NOT have access to the base on the Friday SDO.

9. ENVIROMENTAL IMPACT: Under NO CIRCUMSTANCES shall any waste materials, cleaning fluids, solvents, paints, etc. be poured into the base storm drains, sewer/septic systems, or discharged onto the ground. Contractor shall adhere to all Federal, State and Local Regulations. All materials on the job will be accompanied by a MSDS (Material Safety Data Sheet). All containers shall be marked clearly and legibly as to the contents inside. All containers shall have lids firmly affixed. All collections of waste will be disposed of properly IAW State and Federal Regulations to include proper manifesting. Provide the Base Engineer with quantities of recyclable materials discarded such as metals, concrete, etc.

10. SAFETY REQUIREMENTS (ref: FAR 52.236-13)

10.1. The Contractor shall abide by all State, Local, and OSHA safety requirements relevant to the items described in this SOW. If the Contractor is found to be in violation of any applicable safety regulations on the job site, the Government representative shall stop all work until the unsafe practice has been ceased and corrected.

10.2. Prior to Mobilization:

10.2.1. The Contractor shall submit a Safety Plan in accordance with U.S. Army Corps of Engineers Safety and

Health Requirements Manual, EM 385-1-1, ref: FAR 52.236-13(c)

10.2.2. The Contractor shall nominate a dedicated Safety Representative for this project for approval to the

Government. The Safety Representative must hold a valid OSHA 30-Hour Training Card for Construction.

11. ANTITERRORISM/OPERATIONS SECURITY REQUIREMENTS: The contractor shall:

11.1. Access and General Protection/Security Policy and Procedures: This standard language is for contractor employees with an area of performance within Government controlled installation, facility, or area.

11.1.1. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Contracting Officer’s Representative (COR). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the local installation’s Security Forces, Director of Emergency Services or local Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by DoD, HAF and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

11.2. For Contractors that do not require CAC, but require access to a DoD Facility and/or Installation.

11.2.1. Contractor and all associated sub- contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (AFI 31-101 and AFI 10-245), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

11.3. AT Level 1 Training: This standard language is for contractor employees with an area of performance within a Government controlled installation, facility or area.

11.3.1. All contractor employees, to include subcontractor employees, requiring access to Government Installations, Facilities and Controlled Access areas shall complete AT Level I awareness training within 10 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Certificates of completion for each affected contractor employee and subcontractor employee will be maintained by the COR or Antiterrorism Representative. AT level I Awareness Training is available through ADLS by completing the Force Protection CBT.

12. FINAL ACCEPTANCE / COMPLETION OF PROJECT: When the job is completed, the Contractor must notify the

BCE and make arrangements for a final inspection. The project WILL NOT be accepted by the Government until:

12.1. The Government has received and reviewed all Test Reports, Equipment Start-Up Reports, Close-Out

Information, DD Form 1354 data, Manufactures & Installers warranty paperwork, Contractors Warranty (ref:

FAR 52.246-21)

12.2. The project location and general site are returned to original or better condition according to applicable building codes, regulations, and industry standards.

ATTACHMENT 01 – SITE LAYOUT

ATTACHMENT 02 – BOLLARD DETAIL

ATTACHMENT 03 – PAD LAYOUT

Projectmates Proposal for U.S. National Guard

Initial Setup and Implementation Initial Setup on https://nationalguard.projectmates.com User/Admin Training: 4-hrs web-based training (up to 10 users) Amount due at the time of signing

Technical Support

Unlimited Technical Support to Project Admins via email or phone

M-F 8:30-5:30 PM CST

No Charge

Unlimited video training demonstrations via Projectmates University No Charge

Additional projects Additional projects will be setup and paid in advance by the contractors*

Construction Cost Monthly Fee Per Project $ 1 million or less $115

$1-$3 million $230 $3-$5 million $290

$5-$10 million $405 $10-$25 million $520 $25-$50 million $635

$50-$100 million $700

Contractor Training - 4-hour web training per project team One-Time Charge Projects over $1 Million $1,950 Projects less than $1 Million $750

*Contractor should email to accounting@systemates.com with the project name, number, construction cost of the project, and duration of the project license are requested by the National Guard.

Note: There will be a 4% convenience fee added to all credit card payments.

Pricing is subject to change without notice.

https://nationalguard.projectmates.com/ mailto:accounting@systemates.com 1031221893N Highlight

1031221893N Highlight

1031221893N Highlight

Terms & Conditions

1) Ownership of Projectmates. Projectmates soft-ware is a COTS (Commercial-Off-The-Shelf) program pro-vided as a SaaS software. Projectmates is not a “works made for hire” product. As a subscriber, Customer is pur-chasing access to the software. The Intellectual Property of the software remains with its creator: Systemates, Inc.

2) Ownership of Customer Data. All Customer Data submitted by Customer to Systemates in connection with the Software Package is and will remain the property of Customer.

3) Protection of Customer Data. Systemates will maintain commercially reasonable administrative, physi-cal, and technical safeguards for protection of Customer Data. Those safeguards will include measures designed to prevent access, use, modification or disclosure of Cus-tomer Data.

4) Limitation of Liability. The amount of damages re-coverable against a party for all events, acts, or omissions arising under this agreement will not exceed in the ag-gregate the amounts payable to systemates pursuant to this agreement during the 12-month period immediately prior to the event, act or omission giving rise to the liabil-ity, and the measure of damages will not include any amounts for indirect, incidental, consequential, exem-plary, special, or punitive damages of any kind, or any lost profits, lost revenues, lost savings or loss of data, under any theory of liability, even if a party has been advised of the possibility of such damages. This limitation of liability will not apply to claims of fraud, gross negligence, or will-ful misconduct, fees due from Customer under this agreement, or violations of a party’s intellectual property rights.

5) Return of Customer Data. Systemates agrees to deliver, upon advance request prior to expiration or ter-mination of agreement, a copy of Customer’s data in a commercially reasonable format. Customer agrees to pay reasonable and pre-approved fees to Systemates in providing this provision. Systemates agrees to delete or otherwise remove all documents and information from its files and/or systems within 90 days from the expira-tion or termination of this Agreement.

6) Force Majeure. Neither Party is liable to the other for failure or delay in the performance of a required ob-ligation if the failure or delay is caused by factors outside a Party’s reasonable control, including riot, fire, flood, ex-plosion, earthquake, power outage or other natural dis-aster, acts of government, war, act of God, strike, or acts of terrorism (“Force Majeure”), provided such Party gives prompt written notice of such condition and re-sumes its performance as soon as reasonably possible.

Inability to pay will not be considered Force Majeure.

7) Packages:

a. Implementation Package. Implementation Pack-age consists of discovery sessions, configuration of the Software, and training. The number of hours stated in the implementation program is an average amount of hours typically spent on an average implementation. This is not a “Time & Material” contract. Any additional work that is needed based on a specific need can be carried out as a T&M professional configuration contract. Systemates will notify Customer when the Software Package is acces-sible for normal use on a date mutually agreed by the Parties. The Software Package is subject to a reasonable acceptance period by Customer that will be five business days, unless otherwise indicated in this Agreement. Cus-tomer shall evaluate the Software Packages and indicate its acceptance or rejection to Systemates. If the Software Package is deemed not acceptable by Customer within this acceptance period, then Customer may, at its option, request that Systemates correct the error or defect within the mutu-ally agreed period. If Customer does not reject the Soft-ware Package within the acceptance period, they will be deemed accepted.

b. Software Package.

i. The Software Package, commonly referred to as “Projectmates”, is an online project management soft-ware designed to automate construction processes, pro-mote collaboration, and simplify workflows. The Soft-ware Package helps manage projects from pre-design ac-tivities, through selection of the architect, design, acqui-sition of construction, management of move-in, and post-construction activities. The appearance, terminol-ogy and workflow processes can be customized. Author-ized Users can share drawings, documents, meeting minutes, discussions, project budgets, invoices and other management processes through a web browser.

ii. Systemates will make the Software Package avail-able to each of Customer’s employees, agents, repre-sentatives, contractors, and/or consultants who are per-mitted to use the Software Package under the terms of this Agreement (“Authorized Users”).

iii. Customer will access and manage the Software Package by means of user accounts assigned to each Au-thorized User (each, a “User Account”). Customer shall assign appropriate passwords to each User Account and shall keep the passwords secure. Customer shall, and shall cause the Authorized Users, to: (1) notify Systemates immediately of any unauthorized use of any password or User Account or any other known or sus-pected breach of security; and (2) not impersonate an-other person or provide false identity information to gain access to or use the Software Package. Systemates may remove or suspend any User Account affected by the ac-tivities described in this paragraph.

c. Professional Configuration Packages. Systemates offers a variety of professional configuration packages, including building custom reports, integration, supple-mental training, and implementation configuration (col-lectively, “Professional Configuration Packages”). If Cus-tomer requests Professional Configuration, the Parties will mutually agree upon the terms of the Professional Configuration under a statement of work or work order.

d. Escalated Support. If Customer purchases esca-lated support, during the first three months of the rollout, Systemates will meet with the core implementa-tion team monthly (or more if needed) to address ques-tions about the functionality of the system, review user adoption, provide guidance in best practices for usage, and offer impromptu mini trainings as reasonably needed.

e. Customer Responsibilities. Customer will appoint a “Project Administrator” whose duties include adding or removing User Accounts from projects, creating and changing passwords related to User Accounts, assigning user roles to User Accounts, adding and managing ven-dors, general managing the Software Package, providing Tier 1 support and training to Authorized Users, creating and managing projects, managing project templates (in-cluding access rights and structure), managing financial approvals, configuring project information fields and site layout, modifying the dashboard in the report module, and building and maintaining custom business processes.

Each Project Administrator must complete the Project Administrator Training detailed in the Pricing Sheet. If Customer appoints a Project Administrator who has not completed the training, Systemates may suspend Tech-nical Support until the training is completed. Tier 1 sup-port means that Authorized Users contact Customer’s Project Administrator for initial support. If the Project Administrator cannot resolve the issue after using rea-sonable efforts to do so, the Project Administrator will contact Systemates for Tier 2 support, and Systemates will work with the Project Administrator to resolve the issue.

8) Availability Levels. Site Availability is computed using the following definitions.

a. Software Package: Systemates Software Package, accessible over the network via web protocols, up to and including Systemates’ Internet connection.

b. System Outage Hours: Total time during a given month in which the Software Package is unavailable, ex-cluding Schedule Maintenance and time during Force Majeure events. Network problems beyond that point, such as ISP problems, Internet backbone problems or Customer network problems, are excluded. Problems caused by software running on Customer’s computers are also excluded.

c. Total Hours: Number of hours contained in a month.

d. Site Availability: The percentage of Total Hours during a given month in which the System was available is computed by multiplying 100 by the following calcula-tion (expressed as a percentage):

(Total Hours – System Outage Hours)

Total Hours

9) Availability Level Credit. Where Site Availability is below 99% but above 97%, Systemates will issue an avail-ability level credit equal to 5% of the pro-rata portion of the annual subscription fee for that month. Customer will receive an availability level credit of an additional 5% of the monthly subscription fee for each percentage point Site Availability falls below 97%, up to a maximum of 25% of monthly portion of the annual subscription fee for that month. To receive a credit, Customer must submit a re-quest to Systemates within 15 days after the month in which Site Availability was below 99%. Any credit will be applied against subsequent subscription fees due to Sys-temates.

10) Customer Support. For general support issues, Customer may contact Systemates’ Customer Support Center at support@systemates.com or 214.217.4100 Ex-tension 2. Systemates will use reasonable efforts to pro-vide an acknowledgement within eight hours during reg-ular support hours Monday to Friday 8:30 AM to 5:30 PM US Central Time. If the issue cannot be resolved within a 24-hour period, we will continue to update you with ad-ditional information as it is available. In case of a "Server Down" situation beyond our regular support hours, Cus-tomer can contact Customer Support by calling

214.217.4100 ext. 211. If issues are encountered with the Software Package, Systemates will address reported is-sues according to the following priority levels:

a. Red: System Down. Site not operational and no workaround is available. Systemates will work continu-ously until resolved. Target resolution goal is within 4 hours of a reproducible case being reported. (Excludes system outages caused by force majeure, i.e. acts of God, war, civil unrest, acts of government and any other cir-cumstances beyond Systemates' reasonable controls).

b. Orange: Severe Impact. A major function is not working (unable to utilize a specific portion of the appli-cation). Reproducible Errors which result in a lack of ap-plication functionality or intermittent system failure.

Good faith efforts by Systemates to provide: A worka-round within 24 hours of notification. If a workaround is provided, then a plan for correction of the Error will be provided within 10 business days of notification, with a target for completion within 30 business days; or If a workaround is not provided, then a plan for correction of the Error will be provided within 5 business days of noti-fication for completion within 10 business days.

c. Yellow: Moderate Impact. Reproducible Errors causing malfunction of non-critical functions. Customer is able to use the application with the issue outstanding.

Good faith efforts by Systemates to provide: A worka-round within 10 business days of notification. If a Work-around is provided, then a plan for correction of the Error will be provided within 20 business days of notification for completion within 60 days; or If a workaround is not provided then a plan for correction of the Error will be provided within 20 business days of notification, with a target for completion within 30 business days.

d. Blue: Enhancement Request. Request to add new feature or write custom code. Enhancement requests will be reviewed by Systemates.