Loading...
HomeMy WebLinkAbout4705 Contract Number: 4705 Vendor: MASCO PETROLEUM Subject: Fuel & Fuel Dispensing Services Department: Equip Svcs File Class: LEG 12 -1 Begin Date: 12/1/2007 End Date: 11/30/2011 Review Date: 9/1/2011 Vault Date: Comments: Agreement signed 3/21/08 Addendum #1 -10/09 Letter of extension 4/18/2011 ,I Public Works and Utilities — Equipment Services Division 104 Oyster Bay Avenue N Bremerton, WA 98312 April 18, 2011 Masco Petroleum PO Box 43 Aberdeen, Washington 98520 Attn James C Mason, President Re Contract Extension Dear Mr Mason This letter is our request to extend the contract between Masco Petroleum and the City of Bremerton for one calendar year The present contract dated November 2007 was a three year contract with an extension option this contract ended November of 2010 This contract letter extends the current contract to November 2011 and includes the initial contract with all addendums - If there are any questions regarding the content of this letter, please direct them to my office 60) 473 -5359 Smc ely we AM Fleet anager City of Breme on � Contract Number: 4705 Vendor: MASCO PETROLEUM Subject: Fuel & Fuel Dispensing Services Department: Equip Svcs File Class: LEG 12-1 Begin Date: 12/O1/2007 End Date: 11/30/2010 Review Date: 09/Ol/2010 Vault Date: Comments: Agreement signed 3/21/08 Addendum #1-10/09 .,,;� ADDENDUM NO. 1 TO CONTRACT WITH MASCO PETROLEUM � FOR FUEL AND FUELING SERVICES '�` THI5 ADDENDLJM is hereby made and entered into the date fully executed below by and'amorig Masco Petroleum, "Masco" and the City of Bremerton, "City." WHEREAS, the City's current contract with Masco Petroleum of Aberdeen Washington includes fueling at the "Pacific Pride" facility located at 400 Wilkes Ave.; and ` WHEREAS, the City desires to add three locations to the current contract for ' fueling services and delivery of fuel; and WHEREAS, these locations are City fire stations and they each have a 500 gallon diesel holding tank with Station 1 having an additional 500 gallon tank for gasoline; and WHEREAS, under the current contract, fuel pricing is $0.07 over Tacoma rack plus applicable taxes for fuel purchased at a"Pacific Pride" facility. Fuel that is delivered to the fire stations will be set at $0.05 per gallon over retail pump for dyed diesel; and WHEREAS, the fire stations use approximately 2,000 gallons per month (combined)' under the current delivery system (no actual contract), the total cost per gallon as of October 5, 2009 of $3.27 per gallon of diesel; and WHEREAS, with the delivery fee the cost thru Masco will be $2.60 per gallon of diesel (as of September 24, 2009), and WHEREAS, fuel delivery to the fire stations through Masco is anticipated to result in a significant savings to the City in fuel costs, NOW, THEREFORE, for and in consideration of the mutual benefits contained herein, the City and Masco hereby agree as follows: 1. The City's contract with Masco for fuel and fueling services is amended to include delivery of fuel to the following City fire station locations: Station 1- 911 Park Ave. Bremerton,WA Station 2- 5005 Kitsap Way � Bremerton, WA Station 3- 3031 Olympus Bremerton, WA Page 1 Addendum No. 1 to Masco Petroleum Contract . , , . , 2. The City will pay $0.05 per gallon over retail pump for dyed diesel for fuel delivered to these fire stations. 3. The Fleet Manager is authorized to have fuel delivered to the 3 fire stations under ' this contract at the agreed to cost for the remaining term of this agreement. . CITY OF BREMERTON MASCO PETROLEUM ��� t G=���'� „ '� �" , G� i By: Cecil McConnell, M yor Pro tem y: ja.�� C'� ay�� Its: ��Q s Date: �� l9 � Date: >o-,,�a APPROVED AS TO FORM: Bremerton City Attorney R:�I,egal\Legal\Contracts�PUBLIC WORKS�Addendum to Masco Petroleum Contract-final.DOC Page 2 Addendum No. 1 to Masco Petroleum Contract Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4705 MASCO PETROLEUM Fuel & Fuel Dispensing Services Equip Svcs LEG 12-1 12/01/2007 11/30/2010 09/01/2010 Agreement signed 3/21/08 PURCHASE AGREEMENT THIS AGREEMENT, made and entered into in triplicate, thisd"-6 day of ~"I J , 2008 by and between the City of Bremerton, hereinafter called "City", and Mas Petroleum, hereinafter called "Contractor". WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties hereto covenant and agree as follows: 1. SCOPE: Contractor shall perform all work and furnish all labor, tools, material and equipment to provide: FUEL AND FUEL DISPENSING SERVCICES All work shall be in accordance with the Technical Specifications for Gasoline and Diesel Fuels & Dispensing Facility Services, which are attached hereto as Exhibit A. Contractor shall provide and bear the expense of all equipment, tools, materials and labor of any sort whatsoever that may be required for the performance of services provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City. 2. TERM: Services shall start December 1, 2007 and shall end November 30,2010. 3. COMPENSATION: City agrees to pay Contractor margins per gallon over the OPIS Weekly Pad Report, average range listed for Seattle according to the terms of Exhibit A. The margin added to gallonage for the term of this agreement shall be: Diesel Fuels .07 (seven) Per Gallon Unleaded Gasoline .07 (seven) Per Gallon 4. LICENSES AND TAXES: Contractor shall possess a current Bremerton Business License and any regulatory license required to fulfill Contractor's Obligations under this contract. B & 0 taxes shall be paid when due, and Contractor by this agreement assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent. 5. AUTHORIZED REPRESENTATIVE: The City's Authorized Representative shall act as advisor and consultant to the City in all matters relating to the contract, and responsibilities shall include approving the amount, quality and acceptability of the services which are to be paid for under the contract and approve all pay estimates prior to payment by the City. The decision of the authorized representative in the matters described above shall be final. 1 The authorized representative for this project is Owen J. Orton or as otherwise assigned by the Director of Public Works & Utilities. 6. INSURANCE: Prior to commencing services under this agreement, Contractor will provide the City Risk manager with a certificate of insurance evidencing comprehensive general liability insurance for all contractor operations in the minimum amount of $500,000 per occurrence for bodily injury and property damage. This certificate of insurance must be issued by the insurer acceptable to the City, must name the City of Bremerton an additional insured, and must provide for 30 days advance notice of cancellation. Contractor shall keep the required insurance coverage current throughout the life of the contract and shall present the City with subsequent certificates of insurance as necessary to evidence the existence of on-going insurance coverage. Certificates should be mailed to: Risk Manager City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 7. INDEMNITY: Contractor agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at anytime resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Contractor, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent that the City is judicially found solely negligent for such damage or injury. 8. NON-DISCRIMINATION: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. . 9. NOTICES: Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: City Clerk 345 6th Street Suite 600 Bremerton, WA 98337-1873 Masco Petroleum P.O. Box 43 Aberdeen, W A 98520 10. APPLICABLE LAW: VENUE: This contract shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap Superior Court. 11. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction 2 within (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Contractor is providing services to the City as of the effective date of termination. 12. ATTORNEY'S FEES AND COSTS: ill the event of any action or proceeding brought by either party against the other under this contract, the prevailing party shall be entitled to recover for the fees and costs of its attorneys and such action or proceeding, including an appeal thereof, if any, in such amount as the court may find reasonable. In addition, should it be necessary for either party to employ legal counsel to enforce any of the provisions herein, the defaulting party shall pay all attorney's fees and costs reasonably incurred. 13. ASSIGNMENT: The rights and obligations established by this Agreement, except the receipt of payment, may not be assigned without the written consent of the City. 14. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement on the day and year written below. C~MERT By: Cary Bozeman, Mayor MASCO PETROLEUM By: b/~ Its~ pre..~' Date: o/dU/ol Date: ) -)I.,J-o~ APPROVED AS TO FORM: R:\Legal\Legal\Contracts\PUB 3 TECHNICAL SPECIFICATIONS FOR GASOLINE AND DIESEL FUELS & DESPENSING FACILITY SERVICES The City of Bremerton operates a fleet of approximately 350 vehicles using the following fuels: Diesel 100 Regular Unleaded 250 Experienced annual consumption in gallons; Diesel 70,000 Regular Unleaded 145,000 Consumption figures are rounded but are within 1500 gallons of2006 actuals. These numbers are given for estimating purposes only. They do not represent guaranteed or implied quantities or order for fuels. The "mix" of use is presented for estimating purposes only. Octane ratings are/shall be those commonly accepted as the industry standard prescribed by the vehicle manufacturers. Biodiesel shall be made available at each fueling station with a minimum of 5% biodiesel and a maximum of 20% biodiesel. The dispensing facility for all commodities included herein shall be within a five (5) minute drive, unhindered by traffic, of the City of Bremerton Equipment Services Divisions Maintenance facility located at 100 Oyster Bay Ave N. Bremerton. A. CARD LOCK SYSTEM The following specifications pertain to the "Card Lock" system and represent the minimum standards acceptable to the City. 1. For security reasons it is desirable to utilize a two (2) card system. One (1) card to be issued for each vehicle and one (1) card to be issued to each authorized operator. Operator cards will require the use of a Personal Identification Number (pIN) to be issued by the contractor in a four (4) digit numerical format. EXHffiIT A a. Equipment Services division will advise the contractor when new or replacement card are required. b. Vehicle and operator cards must be provided with seven (7) calendar days following the request from Equipment Services Division. B. REPORTING The following specifications pertain to the "Reporting" system and represent the minimum standards acceptable to the City. 1. All reports will be submitted to the Equipment Services Division. The reporting system shall have the capability to produce reports requested by the City in a variety of sorts, including but not limited to: a. By vehicle: Vehicle numbering must match the city's numbering system using 4 or 5 digits (example: 1425 or 71425) b. By Driver c. By date and time of purchase d. By location of purchase e. By type of fuel 2. Monthly reports and statements shall be in both paper and electronic format. These reports and statements shall be formatted so they can be inputted into the City's fuel management program. 3. The City will accept and pay invoices monthly. The City does not pay from statements. Contractor shall submit monthly bills in a format that includes: a. Billing period dates b. Invoice number c. Date and time of purchase d. Vehicle number e. Driver name and ill number f. Odometer reading g. Miles per gallon h. Product 1. Gallons delivered by grade J. Price per gallon by grade k. Plus margin per gallon 1. Appropriate tax m. Extended price All fueling receipts shall be posted in dated order for each vehicle and include all information shown in 3 above. C. AVAILABILITY OF SERVICES The following specification pertains to hours and conditions of service and access and are predicated on the City's need to respond to the emergency needs of its citizens regardless of hour, day, weather conditions and other acts of nature. 1. Access of fueling services shall be twenty-four (24) hours per day, seven (7) days per week including holidays. 2. A twenty four (24) hour emergency telephone number will be posted and clearly visible on the pumps or at another appropriate on-site location with instructions as to how to contact the Contractor to report emergencies or service failure. Contractor will provide twenty-four (24) hour repair service coverage. Service response will be no longer than two (2) hours from the time the call is placed. 3. Contractor agrees to provide the City with an uninterrupted source of fuels in the event of emergencies cause wholly or in part by embargoes, civil unrest, national emergency, acts of nature or re-implementation of allocations. 4. The successful bidder will provide and demonstrate, within two weeks of the bid opening and prior to awarding of the contract, emergency power generation, or means of connecting emergency power generation, to ensure continued operation of pumps and accounting systems in the event of natural or catastrophic events that disrupt normal electrical operation of the facility. 5. Allocations and availability of fuels shall not be less than one hundred percent (100%) of fuels purchased during the past full year with delivery available on a monthly average basis. 6. Preference may be given to firms offering card lock services throughout Western W ashington. Availability of interstate services is desirable. D. PRICING AND BASIS OF BID AWARD 1. The contract will be awarded for a three (3) year term beginning September 1, 2007. Thereafter, the City retains the option to extend the contract annually for up to three (3) additional one (1) year terms. 2. Bids will be received and a contract awarded on an All or None basis. The contract will not be split between two contractors. 3. Bidder must bid and provide all fuel products listed on proposal form. 4. Products provided shall be priced at the average range of Oil Price Information Service (OPIS) Weekly Pad report. Bidders will specify a firm, fixed margin above the average range price listed for Seattle, as reported in the publication. These margins will be used for bid evaluation. The weekly per gallon price will be determined by adding the "margin price" (for each type of fuel) to the average listed OPIS PAD 4/5 REPORT for Seattle, published weekly, except for the last week in June and December. 5. Bids will be evaluated using the margin bid applied to Experienced Annual usage for all products combined. The lowest average overall margin, based on Experienced Annual usage, will be used to determine award. 6. Margins shall be fixed for the term of this agreement including any contract extension periods. 7. Contractor will be responsible for all set-up and materials costs for initializing the system for City use, including required vehicle and driver cards. PROPOSAL DOCUMENT The following are the margins bid over the OPIS Weekly Pad Report, average range listed for Seattle: FUEL TYPE MARGIN PER GALLON DIESEL $ .07 In words seven cents REGULAR UNLEADED $ . 07 In words seven cents /) Signed for Bidder \..:---' , ~~ ./' ,/ .- (1CL-7 . Title Masco Petroleum 110 Commerce st. P.O. Box 43 Aberdeen, WA 98520 (360)537-9744 . : "'.20C' .:.1\ ~I Brem.~on r: oJ.' c,an.. - Client#:94295 MASCPETR ' ACORD ,M CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYW)2/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER TACT Kellie Hogan Propel Insurance PHONE 800 499-0933 FAX ((ANo,Ext): (NC,No): Tacoma Commercial Insurance 866.577.1326 ADDRESS: kellie.hogan@propelinsurance.com 1201 Pacific Ave,Suite 1000 Tacoma,WA 98402 RECEIVED )AFFORDING COVERAGE NAIC# INSURER A:HDI-Gerling American Insurance 41343 INSUREDINSURER B: MAR Masco Petroleum Inc2016 PINSURER C O Box 43 INSURER D: Aberdeen,WA 98520 City of Bremerton INSURER E: Risk Management INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R TYPE OF INSURANCE NW SR VD POLICY NUMBER POLICY EFF POLICY EXP LTLIMITS (MMIDDIYYY`O (MMIDD/YYYY) A GENERAL LIABILITY X X EGGCD000024915 02/28/2016 02/28/2017 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea RENTED occurrence) ,$100,000 • CLAIMS-MADE X OCCUR MED EXP(Any one person) $ X WA STOP GAP/SEE WC PERSONAL&ADV INJURY _$2,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 ^I POLICY PRO LOC $ JECT A AUTOMOBILE LIABILITY X X EAGCD000024915 02/28/2016 02/28/2017 (Ea acBc deDtSINGLE LIMIT $2,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) _ A X UMBRELLA LIAR X OCCUR EXAGD000024915 02/28/2016 02/28/2017 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED RETENTION$ $ WORKERS COMPENSATION WA STATE FUND N/A N/A X WAU0H- AND EMPLOYERS'LIABILITY Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE EGGCD000024915 02/28/2016 02/28/2017 E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 • DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION Cityof Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Financial Services ACCORDANCE WITH THE POLICY PROVISIONS. 345 Sixth St Ste 600 Bremerton,WA 98337-1873 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2088424/M2087719 KXH01 Masco Petroleum Inc EGGCD000024915 POLICY COMMERCIALGENERALLIABILITY NUMBER: CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All persons or organizations where written contract with the named insured requires an additional insured with completed operations.This form does not apply to your work on `residential property'. Location And Description of Completed Operations: Additional Premium: n/a (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II—Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". CG20371001 © ISO Properties,Inc.,2000 rcAGCD000024915 EN CA AI PNC 09 11 THIS ENDORSEMENT CHANGES THE POLICY-PLEASE READ IT CAREFULLY ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART SCHEDULE Name of Person(s)or Organization(s) Where required by written Contract • This insurance shall be excess over any other insurance naming the scheduled additional insured as an insured on a primary, excess, contingent, or on any other basis unless: 1. A written contract or agreement specifically requires that this insurance be primary and noncontributory. 2. The written contract is signed and executed by the named insured and additional insured prior to any "bodily injury", "property damage" or "personal and advertising injury". 3. This policy does not apply for defense or indemnity of the additional insured if state or federal law does not permit indemnification of the additional insured by the Named Insured for the claim of a third party. 4. This insurance does not apply to the additional insured's liability to indemnify, defend or hold harmless a third party. EN CA AI PNC 09 11 Page 1 of 1 EGGCD000024915 COMMERCIAL GENERAL LIABILITY EN Al PNC 04 11 THIS ENDORSEMENT CHANGES THE POLICY -PLEASE READ IT CAREFULLY ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person(s)or Organization(s) Where required by written Contract This insurance shall be excess over any other insurance naming the scheduled additional insured as an insured on a primary,excess,contingent,or on any other basis unless: 1. A written contract or agreement specifically requires that this insurance be primary and noncontributory. 2. The written contract is signed and executed by the named insured and additional insured prior to any "bodily injury", "property damage" or "personal and advertising injury". 3. This policy does not apply for defense or indemnity of the additional insured if state or federal law does not permit indemnification of the additional insured by the Named Insured for the claim of a third party. 4. This insurance does not apply to the additional insured's liability to indemnify, defend EN AI PNC 04 11 Page 1 of 1 POLICY NUMBER: EAGCD000024915 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Masco Petroleum Inc Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRTITEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization. CA 04 44 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM Masco Petroleum Inc ' EAGCD000024915 COMMERCIAL AUTO CA 99 48 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO, MOTOR CARRIER AND TRUCKERS COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. A. Liability Coverage is changed as follows: "Covered pollution cost or expense" does not 1. Paragraph a. of the Pollution Exclusion ap- include any cost or expense arising out of the plies only to liability assumed under a contract actual, alleged or threatened discharge, disper- or agreement. sal, seepage, migration, release or escape of "pollutants": 2. With respect to the coverage afforded by Para- graph A.1. above, Exclusion B.6. Care, Cus- a. Before the "pollutants"or any property in tody Or Control does not apply. which the "pollutants" are contained are moved from the place where they are B. Changes In Definitions accepted by the "insured" for movement For the purposes of this endorsement, Paragraph into or onto the covered "auto"; or D. of the Definitions Section is replaced by the b. After the "pollutants" or any property in following: which the "pollutants" are contained are D. "Covered pollution cost or expense" means any moved from the covered "auto" to the cost or expense arising out of: place where they are finally delivered, 1. Any request, demand, order or statutory or disposed of or abandoned by the "in- regulatory requirement that any"insured" or sured . others test for, monitor, clean up, remove, Paragraphs a. and b. above do not apply to contain, treat, detoxify or neutralize, or in "accidents" that occur away from premises any way respond to, or assess the effects of owned by or rented to an "insured" with re- "pollutants"; or spect to "pollutants" not in or upon a cov- ered2. Any claim or"suit" by or on behalf of a gov "auto" if: ernmental authority for damages because of (1) The "pollutants" or any property in testing for, monitoring, cleaning up, remov- which the "pollutants" are contained ing, containing, treating, detoxifying or neu- are upset, overturned or damaged as tralizing, or in any way responding to or as- a result of the maintenance or use of sessing the effects of"pollutants". a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. CA 99 48 03 06 ©ISO Properties, Inc., 2005 Page 1 of 1 13 Masco Petroleum Inc POLICY NUMBER: EGGCD000024915 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY • AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization,trustee,estate or government entity to whom or to which the Named Insured is obligated, by virtue of written contract to provide Insurance, Such As is Afforded By This Policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 Masco Petroleum Inc EGGCD000024915 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All persons or organizations where required by written contract with the named insured A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that Insured. B.With respect to the insurance afforded to these additional insureds,the following exclusion is added: 2. Exclusions This insurance does not apply to"bodily injury"or"property damage" occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed; or (2)That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 Page 1 of 1 ISO Properties, Inc, 2000