6923G226Q000016 Attachment 6 Engineerig Study Jan 10 2023 -Redacted.pdf

Attachment Six

RFQ 6923G226Q000016

TABLE OF CONTENTS

SECTION 1 INTRODUCTION

SECTION 2 EXISTING SYSTEMS

2.1 Underground Fuel Storage Tanks and Controls

2.2 Fuel Dispensing Systems

2.3 Existing Tidal and Environmental Conditions

2.4 Existing Conditions of Yocum Dock and Sheet Piles

SECTION 3 PROPOSED SYSTEM OPTIONS

3.1 Reuse of Existing Underground Fuel Tanks

3.2 New Above Grade Fuel Tanks on the East Side of the Yocum Sailing

Center

3.3 New Underground Fuel Tanks in the Upper Parking Lot East of Kemp

Lane

3.4 New Dock Fuel Dispensing Systems

3.5 Abandonment of Existing Underground Fuel Tanks

3.6 Capacity of New Tanks for facility Needs

3.7 Backup Generator

SECTION 4 ESTIMATED CONSTRUCTION COST

SECTION 5 RECOMMENDATIONS

SECTION 6 OTHER CONSIDERATIONS

6.1 Permits

APPENDICES:

APPENDIX I National Flood Insurance Program (NFIP) Flood Insurance

Rate Map (FIRM)

APPENDIX II Existing Conditions Plan

APPENDIX III Proposed Preliminary Site Plan (Option 3)

APPENDIX IV Piping System Information and Warranties

APPENDIX V Leak Monitoring System Information

SECTION 1 INTRODUCTION

The purpose of this report is to investigate several options for the continued operations of a marine fueling station at the U.S. Merchant Marine Academy Yocum Dock in Kings Point, NY.

has been contracted by the U.S. Department of Transportation

Maritime Administration to prepare this Engineering Study under Contract No.

The Engineering Study consists of Field Survey, Field Systems Evaluation, Engineering Evaluation, Estimated Construction Costs, and Recommendations.

The U.S. Merchant Marine Academy (USMMA) is located at 300 Steamboat Road in Kings

Point, NY. The fuel dispensing systems of interest are located at the Yocum Sailing Center

(YSC) located on site. Currently there are two fueling systems: one system consists of a 6,000-gallon diesel fuel underground storage tank (UST) and associated dispenser; the other is a 2,500-gallon gasoline UST and associated dispenser. Both are used for distributing fuel to boats that dock in Hague Basin, adjacent to the YSC.

Unless otherwise noted, all survey elevations reported herein are determined by the North

American Vertical Datum of 1988 (NAVD 88).

SECTION 2 EXISTING SYSTEMS

2.1 Underground Fuel Storage Tanks and Controls

As stated above, the fueling systems which are the subject of this document are two USTs, associated pumped fuel distribution systems, monitoring (fuel overflow, tank leakage, etc.)

apparatuses, and alarms. Both tanks are buried at the YSC between the Center’s building and the bulkhead seawall along the Long Island Sound.

The 6,000-gallon diesel fuel UST is designated by the Nassau County Fire Marshal as FM No.

54544. The 2,500-gallon gasoline UST has the designation FM No. 54545. Plaques affixed adjacent to the fill access chambers for each tank indicate they were installed in May, 1995.

Both the diesel and gasoline tanks are double-wall fiberglass tanks. Both are monitored by an electronic system produced by Omntec Mfg., Inc., Model OEL8000 II Tank Monitoring System.

It should be noted that after the USTs were installed in 1995, the Authority Having Jurisdiction

(AHJ) over these types of installation changed from the Nassau County Fire Marshal, to the

Nassau County Department of Health (NCDH).

Functionality testing of these systems is required by the Nassau County Department of Health every two years. To satisfy this requirement, on June 27, 2022, conducted a Functionality Test on the diesel and gasoline USTs and both passed.

See Photos below for more details on existing dispensing systems.

Photo 1 - Location of Gasoline and Diesel USTs

Photo 2 - Gasoline Tank Label

Photo 3 - Diesel Tank Label

Photo 4 - Leak Detection System

The current UST systems are remotely filled from ports adjacent to the asphalt approach to the pier (See photo below).

Photo 5 - Remote Fill and Stage 1 Vapor Ports

2.2 Fuel Dispensing Systems

The diesel and gasoline dispensing equipment is located on the pier, immediately behind the bulkhead of Hague Basin. From a floating dock, located in Hague Basin alongside the bulkhead, these systems are able to fill various types of boats. A cantilevered steel structure is provided adjacent to the bulkhead which facility personnel use to lower the fueling hose and nozzle to the floating dock. The fuel dispensers and appurtenances are in poor condition (See photo below).

Photo 6 – Fueling Island with Dispensers and Hose Reels

Photo 7 – Cantilevered Structure

2.3 Existing Tidal and Environmental Conditions

The surface locations above the underground storage tanks and at the fuel dispensing systems have been identified at between elevation 8 ft and 9 ft. The Mean Lower Low Water (MLLW) is the average height of the lowest tide recorded at a tide station each day during a 19 year recording period. MLLW elevation at this location is -2.51 ft and the Mean Higher High Water

(MHHW) is the average height of the highest tide recorded at a tide station each day during a 19 year recording period. MHHW elevation is 5.25 ft. Drawing C101 in Appendix II identifies this this data. In general, the top elevation of the surrounding seawall is approximate elevation 12 ft and the lower boat basin top of bulkhead elevation is approximately 9.5 ft.

utilized the National Flood Insurance Program (NFIP) Flood Insurance Rate Map (FIRM) to determine the impact to the fuel dispensing systems. This map, using the NAVD 88, determines the 100-year storm event flood elevation for the project area to be 17 ft. Additionally, the map places the area in Zone VE. Zone VE areas are defined as “Coastal areas with a 1% or greater chance of flooding and an additional hazard associated with storm waves. These areas have a

26% chance of flooding over the life of a 30 year mortgage”. A copy of this FIRM is included in the Appendix I. Furthermore, the 500-year storm event flood elevation is 21.25 ft.

2.4 Existing Conditions of Yocum Dock and Sheet Piles

The bulkhead along the Long Island Sound is constructed of interlocking Z shape steel pilings topped by a concrete cap; the bulkhead along the Hague Basin side of the pier is similarly constructed but has no concrete cap. At the time of site visit, the portion of sheet piling that was visible above the water line appeared to be in good condition. The ground surface behind the bulkhead appears to be in generally stable condition indicating that the bulkhead is currently in good condition. However, it was noted that there appeared to be a void forming beneath the concrete slab supporting the existing fuel dispensing pumps (see Photo 8).

Photo 8 – Settling at Fueling Island

Whereas there are a number of possible causes for this, the one that would be cause for most concern is that the steel bulkhead in that area has deteriorated beneath the waterline and soil is being lost through its face, undermining the slab and potentially other areas. recommends performing a detailed inspection of the bulkhead to determine its condition, particularly in the area described.

SECTION 3 PROPOSED SYSTEM OPTIONS

The evaluation of each of the three options discussed below is based on current codes and regulations promulgated by the Authorities Having Jurisdiction (AHJ’s). In addition to the requirements of the AHJ’s, USMMA requires the fueling system to be designed for a 100-year storm event (a storm having a 1.0-percent probability of occurring in a given year) but would prefer a system designed for a 500-year storm event (a storm having a 0.2-percent chance of occurring in a given year). As indicated above, the 100 and 500-year flood elevation for the site is 17.0 ft and 21.25 ft respectively.

3.1 Reuse of Existing Underground Fuel Tanks (Option 1)

This option would maintain the existing gasoline and diesel underground storage tanks, leak detection system, tank fills, and vents at their current locations (see Figure 1). The existing concrete fueling island, fuel dispensers, hose reels etc., would be demolished and replaced, essentially like-in-kind. New dispensers and containment sumps would be reconnected to the existing double wall piping system and new dispenser sump leak detection probes would be installed and connected to the existing leak monitoring system.

As indicated previously, the existing underground facilities are double wall fiberglass storage tanks with interstitial leak monitoring. These systems meet current NCDH requirements and are currently permitted to be used indefinitely, provided that bi-annual system functionality testing continues and proves satisfactory.

While this option would be the most cost effective, the location of the new equipment would clearly be within the 100 and 500-year flood plain, resulting in the tanks and dispensers being completely submerged during such events. Furthermore, discussions with facility personnel revealed that the existing fueling island and surrounding areas routinely get flooded during less severe storm conditions; therefore, this option is not recommended.

3.2 New Above Grade Fuel Tanks on the East Side of the Yocum Sailing Center (Option 2) considered the option of constructing new above ground storage tanks adjacent to the Sailing

Center Building at the location indicated in Figure 2. This option would include the removal or abandonment of the existing gasoline and diesel USTs and all associated appurtenances. The existing concrete fueling island, fuel dispensers, hose reels, etc., would also be demolished and replaced with similar equipment at the same location. New aboveground piping from the AST’s would transition to double wall underground piping within a watertight containment sump and new underground double wall piping would extend to the new fuel dispenser sumps. New leak detection probes would be installed in the new dispenser sumps and connected to a new leak monitoring system.

has designed a number of storage facilities of this type for marina dispensing applications, including a 4,000 gallon gasoline and 4,000 gallon diesel fueling system at Conscience Point

Marina in Southampton, see photo below.

Photo 9 - Aboveground Fuel Tanks at Marina Location

While aboveground storage facilities have certain advantages over underground installations in areas where tidal fluctuations influence groundwater levels, and in areas subject to flooding, there are also disadvantages. These include the need for specific fuel delivery (pumper) trucks, and the adverse effects of a corrosion environment on the aboveground steel tanks and components. In addition, while the top centerline of aboveground steel tanks installed at the

Kings Point facility could be set above the 500-year flood plain, the tank and containment would still require securement to a substantial concrete foundation to prevent flotation during a flooding event. As with Option 1, the location of the dispensing equipment would still be within the 100 and 500-year flood plain, resulting in the dispensers being completely submerged during such events.

Lastly, NCHD currently prohibits the storage of any quantity of gasoline (a Class 1 flammable liquid) aboveground. discussed the possibility of a variance being granted for such an installation with the NCHD; however, the County indicated that it would be unlikely that such a variance request would even be entertained. This option, therefore, is not recommended.

3.3 New Underground Fuel Tanks in the Upper Parking Lot East of Kemp Lane (Option 3)

This option involves the installation of new underground double wall fiberglass storage tanks in the upper parking lot as identified in Figure 2. As with Option 2, this option includes the abandonment / removal of the existing gasoline and diesel USTs, underground piping, and associated appurtenances, along with the demolition of the existing concrete fueling island, fuel dispensers, hose reels, etc. A new dual product dispenser, affixed to a floating dock is proposed along with new spring / manual rewind hose reels, and new double wall product piping between the new USTs and new dispenser.

A preliminary site plan showing the general location of all major system components is presented in Appendix III. The tank location proposed has several distinct advantages, including the following:

1. Grade elevation at the upper parking lot in the area of the proposed tanks is approximately 25 feet, approximately 8 feet above the 100 year flood elevation, and 3.75 feet above the 500 year flood elevation, so tank fills and piping sump manholes will not be subject to flooding.

2. While the final design would require tank ballast (concrete deadmen), these tanks would not be subject to complete submersion even with a 500 year event.

3. The upper parking lot has sufficient area to allow for fuel deliveries during severe weather events, and should additional storage be required in the future, ample room is available for the expansion.

4. Receiving fuel deliveries at the upper parking lot location, improves overall vehicle / site circulation, and therefore site safety.

5. It is our understanding that the current dispenser island location is occasionally used to fuel on-site land equipment/vehicles. An optional second dispenser, installed in the upper parking lot would allow for convenient fueling of these vehicles, even during flooding events.

6. Should the USMMA wish to have standby power available for the new fueling system, the upper parking lot is a convenient location for the installation of a portable generator connection, or for the installation of a permanent standby generator.

7. Proper electrical layout/design would allow the entire fueling system to be safely de-energized and locked-out from a remote disconnecting means located in the upper parking lot above the 500-year flood elevation.

This option also includes a new dual product fuel dispenser located on a new floating dock adjacent to the existing travel lift. This configuration also has several distinct advantages, including the following:

1. Locating the dispensers on a floating dock keeps electrical equipment enclosures above the electrical datum as defined by Section 555.2 (1) of NFPA 70, National Electrical

Code 2017 (NEC), which indicates in part:

“The electrical datum plane for floating piers and landing stages that are (a) installed to permit rise and fall response to water level, without lateral movement, and (b) that are so equipped that they can rise to datum plane established”… “in a horizontal plane 30 in. above water level at the floating pier or landing stage and a minimum of 12 in. above the level of the deck”.

2. While fueling activities during a 100 or 500-year storm event is unlikely, the fueling facility could theoretically remain operational.

3. The location of the dock-mounted fuel dispenser will be in close proximity to boats being fueled, thereby reducing required hose lengths and associated hazards.

The key element for this option is the proper design for the fuel piping and electrical connections between the fixed bulkhead/seawall and the floating dock. As part of our investigation identified piping products and manufacturers with proven experience in these types of installations. BRUGG Piping Systems (see general catalog information in

Appendix IV) provides piping and components manufactured specifically for installations of this type. The piping is flexible, fire rated, sunlight resistant, and can be monitored for leakage using pressure or vacuum leak monitoring systems, such as an EVO 6000 manufactured by Franklin Fueling Equipment (see general catalog information in Appendix

V). To maintain the piping flexibility and the slack required to allow vertical movement of the floating dock under normal tidal and storm conditions, BRUGG fabricates custom piping rack structures that can be secured to the floating dock. Photo 10 below shows a typical installation of a pipe rack configuration which permits piping connections between the floating dock and the bulkhead, allowing for the necessary title fluctuations.

Photo 10 – Floating Dock Mounted Flexible Pipe Rack

Piping between the rack and dock mounted dispenser would be concealed below the deck of the floating dock, similar to that shown in Photo 11, and terminate at a monitored sump below the new dispenser. The electrical connection between the bulkhead and the floating docks would also be required to be flexible and could utilize the same rack as the piping.

Photo 11- Typical Fuel Piping Run Under Floating Dock

It should be noted that this installation would place the fuel storage tanks at a significantly higher elevation than the fuel dispenser and would require a properly sized mechanical and/or electrical anti-siphon device be installed at the high point in the piping system within the tank turbine enclosure. This device would prevent a release of fuel should a catastrophic break occur between the tank and dispenser.

Based on our evaluation of the site, site operations, USMMA design requirements, and the current requirements of the AHJ’s, recommends the advancement of Option 3.

SECTION 4 ESTIMATED CONSTRUCTION COST

Option 3 includes, but is not limited to the following:

• Removal/Abandonment of Existing Gasoline and Diesel UST’s

• Abandonment on Underground Piping

• Demolition of Existing Pump Island, Dispensers, etc.

• Electrical Demolition

• Sheeting and Excavation

• 6,000 gallon Double Wall Fiberglass Diesel UST

• 2,500 gallon Double Wall Fiberglass Gasoline UST

• New, or Modifications to Existing, Floating Dock

• Underground / Aboveground / Under-dock Double Wall Piping and Components

• Tank and Pipe Leak Detection Systems

• Dock Mounted Dual Product Fuel Dispenser

• Landward Dual Product Fuel Dispenser

• Dispenser Sumps, Tank Sumps, Watertight Manholes

• Concrete tank pad

• Associate Electrical Work

• Site Restoration

SECTION 5 RECOMMENDATIONS

In summary, recommends Option 3 for the Yocum Dock fuel dispensing system. Option 3 is the only option presented that could be constructed while the existing fueling facility remains operational and is the only option that would have resiliency to a 100-year and

500-year storm.

The system would consist of new double wall fiberglass underground storage tanks (UST). It is assumed the current size of the gasoline and diesel tanks would remain at 2,500 gallons and

6,000 gallons respectively. A new dual product dispenser would be mounted on a new / modified floating dock located adjacent to the existing travel lift. A landward dual product fuel dispenser could also be installed in the upper parting lot for fueling on-site equipment.

Proper removal / abandonment of the existing UST’s and dispensing system would be completed as part of the project, in accordance with the Nassau County Department of Health regulations for the system abandonment.

SECTION 6 OTHER CONSIDERATIONS

6.1 Permitting

A NCHD Permit to Construct will be required, and Article XV Petroleum Bulk Storage

Regulations would govern the facility design. A tank removal/abandonment plan would also need to be developed and submitted to the NCHD for approval prior to any construction / demolition activities can advanced.

APPENDIX I

National Flood Insurance Program (NFIP) Flood Insurance Rate Map (FIRM)

APPENDIX II

Existing Conditions Plan

APPENDIX III

Proposed Preliminary Site Plan (Option 3)

APPENDIX IV

Piping System Information

HLInstallation Instructions

FLEXWELL®-HL

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4.600

HL 4.603 Installing FLEXWELL®-HL Pipe

HL 4.608 Installation and design instructions for marinas

Standard Terms and Conditions of Sale

Table of contents

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4.600.1

SAFETY

This safety alert symbol indicates an important safety message. When this symbol appears, be alert to the possibility of personal injury.

CAUTION

This pipe may carry hazardous material and/or operate at a hazardous pressure level;

therefore, it is imperative that the instructions in this manual are followed to avoid seri-ous personal injury or property damage. In any event, improper installation can cause injury or damage. Installers should read and follow all cautions and warnings to avoid personal injury. Also, observe general safety practices with all saws, tools, etc. to avoid personal injury. Wear protective clothing when necessary. Make sure work surfaces are clean and stable. BRUGG Pipesystems reserves the right to make changes in descrip-tions, specifications or illustrations at any time. Always compare the date of this docu-ment with the most current one on www.pipesystems.com

Pipe and End fittings Use only OEM fittings, follow installation and assembly instructions.

Safety Precautions FLEXWELL®-HL Pipe Systems shall not be liable under any warranty, contract, or in tort, for any damage to equipment, pipe, or other personal property due to failure to follow the procedures or comply with the precautions set forth.

IMPORTANT INFORMATION –

FOLLOW ALL INSTRUCTIONS!

Important informations

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You will have received our FLEXWELL®-HL Pipe in a coil or on a cable reel. Ideally, you should position the drum in such a way that the pipe can be unreeled directly from the drum.

Use a reel stand to unreel the pipe.

Use a 3 inch steel pipe as axle (see figure 3).

Hydraulic jacks simplify the work. These are worth purchasing if you are frequently involved in laying FLEXWELL®-HL Pipes.

For large diameters or longer pipes, it may be necessary to use a simple hand-jack. If necessary, a deflection pulley can also be used. If you are using a motorized jack or tractor, ensure that the pulling speed does not exceed 1 ft/s.

Secure reel from falling or rolling.

Storage temperature ≤ 120 deg F.

While handling the pipe, always make sure to use appro-priate safety shoes and gloves.

The piping shall only be installed by qualified personnel (certified by the manufacturer). The use of non-qualified personnel or any deviations from these recommended procedures could result in damage or leakage of the system.

Unreeling the pipe

The shrink cap at the end of the pipe should not be re-moved in order to prevent dirt or moisture from entering the primary or the secondary pipe when laying pipe.

! Caution: When untying the end of the pipe from the reel or ring. The pipe is under considerable natural tension.

When unreeling pipe maintain the reel under tension.

If the reel is allowed to turn freely the pipe may jump from the reel in loops and buckle. Secure reel after removing a section of pipe.

4.603.1

Installing FLEXWELL®-HL Pipe

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4.603.2

All dimensions in inch

For large pipe diameters or longer sections of pipe, it is best to use a cable-laying trailer. We recommend to contact an electric cable laying company in your area.

Pipes sizes up to 48/71 (1 ½") can be bent by hand. When laying FLEXWELL®-HL Pipes 60/83 (2") and bigger, it is advisable to use a bending machine, particularly if the pipes are to be laid in a building, channel or conduit.

At all times during laying, the pipe ends must be pro-tected in such a way that dirt and moisture are unable to penetrate. Beware of sharpe edges.

Bending the FLEXWELL®-HL Pipe

Pipe cutting operations can generate dust or cutting chips that irritate skin and eyes. Operators should wear heavy clothing, including long-sleeve shirts, that protect the skin. Eye protection is also required. Use working gloves to protect skin from sharpe edges (burrs).

If you are working with a steel traction cable, use an end-piece made of hemp or nylon and tie an offset double knot. If there is a risk of the tied end to jam, use a cable stocking. These can be purchased from BRUGG Pipesystems..

If possible, narrow bending radii should be avoided.

Radii which are too narrow make your work more dif-ficult and, at worst, may damage the pipe. The following guidelines should be observed:

When pre-installing the end fittings do not use the end fitting as leverage for bending the pipe as this can result in secondary containment leaks. Whether with a pipe bender or by hand always use the pipe as leverage.

Operating temperature FLEXWELL®-HL Pipe is rated for –13 °F to +122 °F

Installing FLEXWELL®-HL Pipe

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Cable rollers reduce friction and protect the pipe if it has to be laid around sharp corners. It makes work easier, particularly on stretches with a large number of curves.

In general, cable rollers are used by cable laying companies, and can be rented from them.

Securing the FLEXWELL®-HL Pipe

The FLEXWELL®-HL Pipe can be installed and secured directly onto a flat surface of concrete, wood or other suitable material or by using Unistrut profiles. In either case it is recommended to use Unistrut “Cush-a-Clamp” clamps. See Table 3 for clamping distances.

Installing the FLEXWELL®-HL Pipe underground

Install all pipe with a continuous slope of at least 1/8’’ per foot toward the tank or the sump. Support pipe sufficiently to avoid low points.

All dimensions in inch

The installation of a warning strip above the pipe is advisable.

When installed above ground FLEXWELL®-HL Pipe must be protected from any damage due to traffic, pedestrian traffic, con-struction activity or any other activity that could impact, scrape, puncture or crush the pipe.

This is particularly true in public areas, where also intentional damage is possible.

When installing FLEXWELL®-HL Pipe in a trench, make sure that the pipe is at sufficient depth to protect it from surface traffic or other loads.

Decking slabs may be laid on top of the sand or gravel layer over the pipe to protect it from penetration from above.

4.603.3

In case of traffic crossing the pipe route:

Trench must be wide enough to allow min. 2"–4" distance bet-ween the pipes. A distance of min. 6" must be secured between the outside pipe and the trench wall.

Sand bedding without stones (sand grain size < 2 mm) is required. 4" of stone-free sand underneath the piping and 8" of stone free sand on top of the pipe are required plus an additional surface coverage.

Installing FLEXWELL®-HL Pipe

The street surface shall be stabilized by concrete, paving with su itable grounding or equivalent materials. The overall thickness of the surface coverage and grounding shall be at least 10".

Above ground installation

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is always in the ”12 o’clock“ position. Use thrust collar as sawing gage. At the groove point the saw is always in pipe valley. Secure thrust collar with one hand while sawing off the pipe piece.

Attention: The cut has to be in a right angle to the pipe axis.

Use smoothing file for deburring.

with brush.

piece and pressure ring have to align. Use spanner wrench if necessary.

into corrugated pipe until stop. Tighten support ring slightly with pipe wrench.

4.605.3

Closed Secondary Containment Piping System Installation instructions end fitting

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! Caution. Do not drop split flanges.

! Watch your fingers while hammering in grooved pins.

the slot.

Caution. Use lubricant on screw thread and in split flange.

remaining between connecting piece and thrust collar.

Remove flanges after installation. To secure fitting, hammer in all grooved pins

assembled. R 1/8 connection for leakage test of primary and secondary pipe or for leak monitoring. Remove test port plug only shortly before installing the leak monitoring system.

Through this process the expanding ring is being pushed further into the sealing ring to ensure the sealing of the se-condary pipe. Leave a gap between clamping nut and thrust collar of about 0.02 inch.

surfaces. Thread the secondary seal into the thrust collar until stop (appr. 5/16 inch of the rubber seal remains visible).

Insert expansion ring into secondary seal.

No gap!

appr. 5/16 inch appr. 0.02 inch

R 1/8 connection

a wrapping tape of a shrink sleeve should be used. Ideally the end fitting is also wrapped or covered with a shrink sleeve at the same time.

Wrapping tape

ConnectorPE jacket

! Some lubricants are extremly flammable. Be sure to read warning labels on containers as well as disposal details.

! Caution. Risk of injury when spanner wrench slips off.

! The monitoring system has to comply with the technical specification of the FLEXWELL®-HL Pipe.

! Be sure to read instructions of the wrapping tape manufacturer.

4.605.4

Closed Secondary Containment Piping System Installation instructions end fitting

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1. Fuels

This pipe system is intended for the following fuels in accor-dance with UL 971 regulations table 15A.1:

Where applicable the fuels have to follow the ASTM rules.

The material of construction of the integrated primary and sec-ondary pipe system is 316L or 316Ti stainless steel.

Caution: The suitability of the material of construction of the FLEXWELL®-HL Pipe for other fluids or media has to be investigated and verified.

2. Start of operations of the FLEXWELL®-HL Pipe System

2.1 Leak testing of the FLEXWELL®-HL Pipe System

After installation of the pipe system a leak test has to be per-formed at a maximum pressure of 100 ± 10 psig in the primary pipe and 6 ± 1 psig in the interstitial space (annular gap between primary and secondary pipe). The test is to be performed with dry air or an inert gas.

Caution: Do not use any liquids or solid materials for the leak test.

Caution: The local rules and regulations for pressure testing have to be strictly adhered to.

2.2 General operating instructions

The operator of a pipe system for flammable or hazardous liq-uids has to maintain such in proper operating condition and to operate it according to all applicable rules and regulations. The system has to be monitored constantly and necessary mainte-nance and repair work has to be preformed immediately and, depending on the circumstances, appropriate safety measures have to be taken.

The pipe system may not be operated, if it has deficiencies, which can endanger employees, other persons present or the environment. Appropriate steps have to be taken immediately to eliminate a dangerous condition.

The operator is obligated to issue the necessary orders, to take the necessary steps and to make sure such orders are adhered to to avoid any dangerous conditions.

2.3 Startup of the FLEXWELL®-HL Pipe System

Caution: Startup and commissioning has to be per-formed in strict accordance with the local rules and regulations.

2.4 Inspections by the operator

The operator inspects the pipe system in required intervals for proper operating condition in accordance with the operating instructions and other regulartory mandates:

In particular he makes sure that,

1. fire protection installations are ready for service and that binder for spilled fluids is available in the specified quantity and at the predetermined location(s),

with explosion hazards,

(annular gap between primary and secondary pipe) as described in point 2.1

open fires are strictly observed.

4.607.1

Closed Secondary Containment Pipe System

Caution: Product pipe may be under pressure after completion of testing.!

Start of operation and maintenance

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2.5 Maintenance of the FLEXWELL®-HL Pipe System

Caution: Maintenance work and intervals have to be performed in accordance with the local regulations.

After completion of cleaning, maintenance and repair work and inspections the installation has to be returned to operating condition.

In particular all the safety devices have to be returned to oper-ating condition.

Pipe systems, which are shut down, are to be secured in a such a way that they are no danger to employees or others.

Pipes, which are taken out of service temporarily, are to be emptied and cleaned in such a way that neither an explosive atmosphere exists nor can develop, and that no danger to the environment and groundwater can occur.

Pipes are to be secured against utilization. Leak detection sys-tems and cathodic corrosion protection systems are to remain in operation.

2.7 Problems

If leakage or damage is detected in any part of the system (either by inspection of the sump, a leak detector, or similar monitors), the problems are to be immediately investigated by the site operator.

If leakage or damage to the piping system is verified, the manufacturer must be notified:

Closed, constantly monitored system

A closed system has to be monitored constantly by the in-stalled monitoring system. If the monitoring system indicates a leak in the pipe, the pipe has to be shut down until the leak is repaired and a leak test to verify the successful repair is performed.

Caution: If a leak monitoring system is shut down, the leak tightness of the primary and secondary pipes of the FLEXWELL®-HL Pipe system is no longer moni-tored. A possible leak will no longer be indicated. This means that, if a leak detection system is shut down, the entire pipe system has to be taken out of service.

Proceed according to point 2.1 for leak testing. For an exact damage analysis it is allowable to pressurize the primary pipe with a maximum pressure of 100 ± 10 psig.

4.607.2

Closed Secondary Containment Pipe System Start of operation and maintenance

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Installation

For floating marinas the pipe is typically attached underneath or to the side of the gangway connecting the land to the floating dock. Due to the flexibility of the pipe the pipe can be installed from the storage unit or fill box to the dispenser on the floarting dock in one continuous run.

Whenever the installation does not allow a minumum slope of 1/8" per foot, such as in floating docks, then each transition sump in the path of the pipe installation has to to be equipped with a leak detection device.

Corrosion protection

The polyethylene pipe jacket and shrink sleeves or tape for the exposed fittings provide further corrosion protection.

All metallic parts must be covered by using heat shrink sleeves or heat shrinkable insulation tape.

FLEXCLAD

shrinkable tape

FLEXWELL®-HL

Fitting

In the following two pages are two examples of pipe installations for floating type marinas. In both cases the flexibility of the pipe compensates the length changes required of the pipe due to the tidal fluctuations without additional flexible connections.

For a specific installation always consult BRUGG Pipesystems for design input and assistance to make sure that all the variab-les are being considered.

4.608.1

Installation and design instructions for marinas

16.03.2022 Subject to technical changes. Page 19

1. These Terms and Conditions will govern all sales by Brugg Pipesystems, LLC (hereinafter “Brugg or “Seller”) unless otherwise agreed to in writing, signed by Brugg at its home office in Rome, Georgia by an authorized agent. Terms and conditions contained in Buyer’s purchase order or any other document that are different from or in addition to these Terms and Conditions are objected to and will not be binding on Brugg. Buyer will be deemed to have agreed to these Terms and Conditions by issuing a purchase order number and upon receipt from Brugg of a written acknowledgement of Buyer’s placement of an order. Notwithstanding the foregoing, if Brugg, at Buyer’s request, commences performance in any way prior to receipt by Buyer of

Brugg’s written acknowledgement, Buyer’s acceptance of these Terms and Conditions will be deemed to have occurred on the date such performance commences.

2. All sales are made F.O.B. Rome, Georgia and each shipment or delivery shall be considered a separate and independent transaction. Buyer has risk of loss upon acceptance of shipment by a common carrier or truck man at the place of shipment. Freight costs will be prepaid and added to the invoice for reimbursement by

Seller.

3. Shipping dates given in advance of actual shipment are estimated and deliveries will be made subject to prior orders on file with Seller and availability of products. Seller shall not be liable for failure to perform or delay in performance hereunder resulting from fire, labor difficulties, transportation difficulties, delays in usual sources of supply, major changes in economic conditions, commercial impracticability, or without limitation by the foregoing, cause beyond Seller’s control.

4. If in Seller’s sole judgment, the financial condition of Buyer at the time products are ready for shipment does not justify the terms of payment specified, Seller reserves the right to require full payment before shipment or delivery.

5. All sales are final. This contract may be canceled by Buyer only if agreed to by Seller in writing and upon pay-ment of reasonable charges based upon expenses already incurred and commitments made by Seller.

6. Seller shall not be liable for special, indirect, incidental or consequential damages. The remedies of

Buyer set forth herein are exclusive and the liability of Seller with respect to any contract or sale of anything done in connection therewith, whether in contract, tort, (including Seller’s negligence), under any warranty or otherwise, shall not exceed the purchase price of the product or part on which such liability is based.

7. Unless otherwise agreed to in writing, the quoted price does do not include freight or shipping costs or any sales, use or other taxes or charges payable to Federal, state or local authorities. Any such costs, taxes, or charges now or hereafter imposed with respect to sales or shipments hereunder will be added to such prices and Buyer agrees to pay, or reimburse Seller, for any such costs, taxes, or charges.

8. Net payment shall be due within 30 days from date of invoice unless otherwise agreed in writing by Seller.

Any invoice not paid in full within such time will be deemed overdue. All invoices are payable in United States dollars. Checks are accepted subject to collection and the date of collection shall be deemed the date of payment. Any check or remittance received from or on account of Buyer may be accepted and applied by

Seller against any indebtedness or obligation owing by Buyer, as shown on the books and records of Seller, without prejudice to the discharge of the remainder of any such indebtedness or obligations, regardless of any condition, proviso, statement, legend or notation appearing on, referring to, or accompanying said check or remittance. Should Buyer fail to make any timely payment, Seller may declare all outstanding invoices of Buyer immediately due and payable and Seller may cancel any outstanding purchase order issued by Buyer.

9. No sales representative or distributor of Seller has authority to alter, vary, or waive any of the foregoing stan-dard terms and conditions stated herein.

10. Except as otherwise expressly provided herein, Buyer agrees that any claim of any kind by Buyer based on or arising out of this contract or otherwise shall be barred unless asserted by Buyer by the commencement of legal action within 12 months after the delivery of the products or other event, action or inaction to which such claim relates. This provision shall survive any termination of this contract, however arising.

11. Buyer shall pay interest to Seller on overdue invoices at the rate of 1.5 % per month on the unpaid portion.

12. Should Seller employ professional collection agents or attorneys to effect payment of monies due under this contract or related to the sale of goods by Seller to Buyer, all costs incident to said collection, including but not limited to court costs and reasonable attorney’s fees of 15% of the total unpaid contract price, or in such amount as determined by the court to be reasonable, will be borne by Buyer.

13. This instrument and any signed acknowledgments issued by Brugg constitute the entire and only agreement between the parties hereto, and any representation, affirmation of fact, course of prior dealing, promise or condition in connection therewith or usage of the trade not specifically incorporated herein shall not be bind-ing on either party. No waiver, alteration, or modification of any of the provisions hereof shall be binding unless in writing and signed by a specifically authorized representative of Seller.

14. EXCLUSIVE WARRANTY: Brugg warrants to the Buyer that the pipes and fittings sold by Brugg hereunder are warranted to be free from defects in materials and workmanship for a period of thirty (30) years for un-derground installations, a period of fifteen (15) years for above ground installations, and a period of five (5) years for marina installations. The warranty periods set forth above shall commence on the date of shipment to Buyer. BRUGG’S SOLE AND EXCLUSIVE OBLIGATIONS AND LIABILITIES UNDER THESE EXCLUSIVE WAR-

RANTIES ARE AND SHALL BE LIMITED TO ISSUANCE OF CREDIT FOR OR REPAIR OR REPLACEMENT OF

ANY PIPES OR FITTINGS OR PARTS THEREOF WHICH ARE PROVED TO BE OTHER THAN AS WARRANTED, AND BRUGG SHALL HAVE SOLE DISCRETION AS TO WHICH OF THESE REMEDIES IT SHALL PROVIDE.

BRUGG SHALL NOT REIMBURSE OR MAKE ANY ALLOWANCE TO A BUYER FOR ANY LABOR OR SHIPPING

CHARGES INCURRED BY THAT BUYER FOR REPLACEMENT, ADJUSTMENT, OR REPAIR OF ANY GOODS OR

PARTS THEREOF OR FOR ANY OTHER WORK UNLESS SUCH CHARGES ARE AUTHORIZED IN ADVANCE BY

BRUGG. ANY PIPES OR FITTINGS WHICH BRUGG DECIDES TO REPAIR OR REPLACE ARE WARRANTED

TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR THE REMAINDER OF THE INITIAL

WARRANTY PERIOD SET FORTH ABOVE.

(a) If any of the pipes and fittings (“goods”) on which Brugg warranties have not expired are claimed to be defective in material or workmanship, Brugg shall either examine the goods where they are located or, in its sole discretion, issue shipping instruction for return of the goods or any defective parts thereof, if any goods or parts thereof are returned to Brugg, the Buyer shall prepay all transportation charges for such return.

(b) Any claim for breach of Brugg’s warranties shall conclusively be deemed to be waived unless written notice of such claim is given to Brugg within thirty (30) days after the date on which the claimed defect is discovered or should have been discovered.

(c) Brugg’s warranties shall be considered null and void if the original Buyer for use transfers ownership of the warranted goods, unless Brugg receives notification in writing providing the name and address of the new owner by no later than fifteen (15) days after the date on which the transfer is made.

(d) Brugg’s warranties for all marina applications shall be considered null and void if a Quotation Processing form is not completed by the Buyer and approved in writing by Brugg prior to installation of the goods.

(e) Brugg’s warranties shall not apply to any goods or parts thereof which are obtained from manufacturers other than Brugg and resold by Brugg. Further, these warranties shall not apply to any goods or parts thereof which have been subjected to any misuses, neglect or accidental damage or which contain defects which are in any way attributable to improper transit, installation, or to alterations or repairs made or performed by any person or entity not under the control of Brugg and further conditioned upon the following:

- Prior to installation, the goods were properly stored and were not subject to abuse or shipping damages;

- The installation of the goods is performed in accordance with all applicable federal, state, local, and admin-istrative rules and regulations;

- Brugg’s timely receipt of a written claim under this warranty by Buyer as set forth above;

- Only fuels specified by UL971A or otherwise approved in writing by Brugg are used in the goods; and

- The goods are installed by Brugg certified installers in accordance with the valid installation instructions issued by Brugg, which were in effect at the time the goods are installed, and the goods are operated, monitored, serviced, maintenance, and repaired in accordance with all applicable federal, state, local, and administrative rules and regulations.

(f) THE WARRANTIES SET FORTH HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES FOR OR RELATING

TO THE GOODS. BRUGG NEITHER MAKES NOR ASSUMES ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, ANY WARRANTY THAT THE GOODS SHALL BE

DELIVERED FREE OF THE RIGHTFUL CLAIM OF ANY THIRD PERSON BY WAY OF INFRINGEMENT OR THE

LIKE, OR ANY OTHER WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. BRUGG NEITHER

ASSUMES NOR AUTHORIZES ANY PERSON OR ENTITY TO ASSUME FOR IT ANY OTHER LIABILITY OR

OBLIGATION IN CONNECTION WITH THE SALE OR USE OF THE GOODS, AND THERE ARE NO ORAL AGREE-

MENTS OR WARRANTEES COLLATERAL TO OR AFFECTING THE SALE OF THE GOODS.

(g) BRUGG’s WARRANTIES, OBLIGATIONS AND LIABILITIES AND BUYER’S REMEDIES SET FORTH HEREIN

ARE LIMITED TO THEIR PRECISE TERMS. BRUGG SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY

KIND, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, FOR, RESULTING FROM OR IN CONNECTION WITH ANY BREACH OF WARRANTY. THE OBLIGATIONS AND LI-

ABILITIES OF SELLER AND THE REMEDIES OF BUYER SET FORTH HEREIN SHALL BE THE BUYER’S SOLE

AND EXCLUSIVE REMEDIES FOR, RESULTING FROM OR IN CONNECTION WITH BRUGG’S WARRANTIES OR

ANY BREACH THEREOF.

15. The foregoing warranty will not cover and Brugg makes no warranties with respect to any goods subjected to abuse, misuse, misapplication, neglect, alteration or accident; to improper and incorrect installation or main-tenance; or to abnormal conditions of use, temperature, moisture, dirt or corrosive matter; and any materials, parts, goods or other components that are manufactured by someone other than Brugg.

THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EX-

PRESS, IMPLIED OR OTHERWISE ARISING BY OPERATION OF LAW, TRADE, USAGE OR COURSE OF DEAL-

ING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS

FOR A PARTICULAR PURPOSE.

Buyer agrees to provide Brugg with written notice of any breach of the above warranty within thirty days after

Buyer discovers, or should have discovered, the alleged breach. Time is of the essence herein, and Buyer’s failure to provide written notice to Brugg within the required time of any alleged breach of the foregoing war-ranty will release and discharge Brugg from any obligation or liability for that breach of warranty. The forego-ing warranty extends only to Buyer and to no other person.

16. All products should be inspected thoroughly upon receipt. Claims of defect must be asserted by Buyer by writ-ten notice to Seller within thirty days of receipt. Buyer will be deemed to be in receipt of products if delivered to Buyer or to the ship to address designated by Buyer in the purchase order. Failure to give Seller notice of any claim within 30 days of receipt of the materials concerned shall constitute a waiver of such claim by the

Buyer. Any request for return for replacement, repair, or credit must be made in writing to the Seller at Rome, Georgia within this time period.

17. No returns will be allowed unless the Seller has given prior written authorization from Rome, Georgia. Au-thorized returns must be carefully identified and tagged with quantity and reason for return. All unauthorized returns will be shipped back to the sender by collect freight with no action taken.

18. The validity and construction of this contract shall be determined under the laws of the State of Georgia.

Should any provision be held void or unenforceable for any reason, all remaining provisions hereof remain in full force and effect.

19. The parties consent to the jurisdiction of the Superior Court of Floyd County, Georgia, the courts of Georgia, and the United States District Court for the Northern District of Georgia for all matters relating to or arising out of this contract.

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Standard Terms and Conditions of Sale

BRUGG Pipesystems, LLC • P.O. Box 1836 • Rome, GA 30162-1836 • (706) 235-5606

BRUGG PIPESYSTEMS EXCLUSIVE WARRANTIES

The pipes and fittings manufactured by Brugg…