Orders Delivery. Fuel quantity shall be measured by the gross gallon, with a metered delivery truck bearing a current New Mexico Department of Agriculture approval seal. Vendors not using metered trucks are grounds for termination. Delivery locations and storage tank capacities are identified in this Price Agreement. The NMDOT reserves the right to inspect bulkheads and meter measure contents of any tanks before, at the time of and/or after delivery. Above ground tanks have been identified within this agreement. Vendors shall be prepared, upon delivery, for pumping into these types of tanks. All deliveries shall be made within twenty-four (24) hours after receipt of order (phone or written), excluding Saturdays and Sundays, state and federal holidays observed by the NMDOT. Vendor is required to deliver requested fuel amount in one trip. Notwithstanding the existence of this agreement, the State of New Mexico and/or its political sub-divisions reserve the right to order any item(s) required for emergency purpose from any party who can deliver such item(s) to meet the requirements of the user, without waiving or voiding any of the terms of this agreement. All prices shall be F.O.B. Destination to the delivery location designated by NMDOT or user agency. Vendors shall retain title and control of all goods until they are delivered and the contract coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Vendor. The vendor shall be responsible for all spillage which may occur during transit and unloading operations. The vendor shall immediately report spillage to NMDOT or user agency and clean up the spillage according to EPA ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/gasoline-standards and state guidelines and requirements. After contamination is discovered the vendor shall be responsible for removal of the fuel(s) from the NMDOT or user agency's property within twenty-four (24) hours. The vendor shall also be responsible for all cleanup required to all the NMDOT or user agency's property, storage facilities, and equipment as a result of noncompliance with specifications. Furthermore, the vendor shall be fully responsible for any and all costs incurred by the NMDOT or user agency for any equipment sustaining damage, which is attributed to a contaminated fuel(s), which the vendor delivered. The New Mexico Department of Transportation and user agencies are exempt from paying federal excise taxes on gasoline and shall not reimburse the contractor for any such expenses. Federal excise taxes shall be the sole responsibility of the contractor. The contractor shall be entitled to any credit or refund of excise taxes paid that is permitted under section 6416 of the Internal Revenue Code of 1986. ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇▇▇.▇▇▇/uscode/text/26/6416 Price(s) bid shall be on a per gallon completed delivered price. Vendor's ▇▇▇▇-up price shall include all vendor's costs. State gasoline tax, reservation and loading fee taxes to be added to invoice as separate item at time of delivery. Any applicable tax shall be added to invoice only if vendor is liable for tax. The Oil Price Information Service (O.P.I.S.) average price will be added by the NMDOT at time of delivery and should not be included in your bid offering. Therefore, include only the items listed above in your bid. Do Not include the O.P.I.S. rack price.
Appears in 1 contract
Sources: Price Agreement
Orders Delivery. Fuel quantity shall be measured by the gross gallon, with a metered delivery truck bearing a current New Mexico Department of Agriculture approval seal. Vendors not using metered trucks are grounds for termination. Delivery locations and storage tank capacities are identified in this Price Agreement. The NMDOT reserves the right to inspect bulkheads and meter measure contents of any tanks before, at the time of and/or after delivery. Above ground tanks have been identified within this agreement. Vendors shall be prepared, upon delivery, for pumping into these types of tanks. All deliveries shall be made within twenty-four (24) hours after receipt of order (phone or written), excluding Saturdays and Sundays, state and federal holidays observed by the NMDOT. Vendor is required to deliver requested fuel amount in one trip. Notwithstanding the existence of this agreement, the State of New Mexico and/or its political sub-divisions reserve the right to order any item(s) required for emergency purpose from any party who can deliver such item(s) to meet the requirements of the user, without waiving or voiding any of the terms of this agreement. All prices shall be F.O.B. Destination to the delivery location designated by NMDOT or user agency. Vendors shall retain title and control of all goods until they are delivered and the contract coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Vendor. The vendor shall be responsible for all spillage which may occur during transit and unloading operations. The vendor shall immediately report spillage to NMDOT or user agency and clean up the spillage according to EPA ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/gasoline-standards and state guidelines and requirements. After contamination is discovered the vendor shall be responsible for removal of the fuel(s) from the NMDOT or user agency's property within twenty-four (24) hours. The vendor shall also be responsible for all cleanup required to all the NMDOT or user agency's property, storage facilities, and equipment as a result of noncompliance with specifications. Furthermore, the vendor shall be fully responsible for any and all costs incurred by the NMDOT or user agency for any equipment sustaining damage, which is attributed to a contaminated fuel(s), which the vendor delivered. The New Mexico Department of Transportation and user agencies are exempt from paying federal excise taxes on gasoline and shall not reimburse the contractor for any such expenses. Federal excise taxes shall be the sole responsibility of the contractor. The contractor shall be entitled to any credit or refund of excise taxes paid that is permitted under section 6416 of the Internal Revenue Code of 1986. ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇▇▇.▇▇▇/uscode/text/26/6416 Price(s) bid shall be on a per gallon completed delivered price. Vendor's ▇▇▇▇-up mark-up price shall include all vendor's costs. State gasoline tax, reservation and loading fee taxes to be added to invoice as separate item at time of delivery. Any applicable tax shall be added to invoice only if vendor is liable for tax. The Oil Price Information Service (O.P.I.S.) average price will be added by the NMDOT at time of delivery and should not be included in your bid offering. Therefore, include only the items listed above in your bid. Do Not include the O.P.I.S. rack price.
Appears in 1 contract
Sources: Statewide Price Agreement Amendment