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<br />City of Sunny Isles Beach |ITB No. 16-09-01 14 <br /> <br />deficiencies, and charge the incumbent vendor for these costs; either through a deduction from <br />the final payment owed to the vendor or through invoicing. If the vendor fails to honor this <br />invoice or credit memo, the City may terminate the contract for default. <br /> <br />2.15 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE VENDOR <br /> <br />Unless otherwise provided in Section 3 (entitled "Technical Specifications "), of this solicitation <br />the vendor shall furnish all labor, material and equipment necessary for satisfactory contract <br />performance. When not specifically identified in the technical specifications, such materials and <br />equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and <br />equipment shall be subject to the inspection and approval of the City's Project Manager. <br /> <br />2.16 LABOR AND MATERIAL CHARGES <br /> <br />The vendor shall provide the City with labor and materials in strict accordance with all solicitation <br />requirements on an as needed, when needed basis. Accordingly, the vendor shall indicate the <br />cost of this labor and materials on the submittal form included within this solicitation. The vendor <br />shall not offer an overtime hourly labor rate that exceeds 1 1/2 times the value of the regular <br />hourly labor rate; nor shall the vendor offer a cost of materials that exceeds a 20% mark-up from <br />the vendor's actual cost. If non - compliance in either regard is evident either from the offer itself <br />or from subsequent evaluation proceedings, the offer shall be considered non-responsive and <br />ineligible for award. <br /> <br />2.17 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS <br /> <br />The vendor hereby acknowledges and agrees that all materials, except where recycled content is <br />specifically requested, supplied by the vendor in conjunction with this solicitation and resultant <br />contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the <br />event any of the materials supplied to the City by the vendor are found to be defective or do not <br />conform to specifications: <br /> <br /> The materials may be returned to the vendor at the vendor's expense and the <br />contract cancelled <br /> The City may require the vendor to replace the materials at the vendor's expense. <br /> <br />2.20 PURCHASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION BASED ON <br />PRICE QUOTES: <br /> <br />While the City has listed all major items within this solicitation which are utilized by City <br />departments in conjunction with their operations, there may be similar items that must be <br />purchased by the City during the term of this contract. Under these circumstances, a City <br />representative will contact the primary vendor to obtain a price q uote for the similar items. If <br />there are multiple vendors on the contract, the City representative may also obtain price quotes <br />from these vendors. The City reserves the right to award these similar items to the primary <br />contract vendor, another contract vendor based on the lowest p rice quoted, or to acquire the <br />items through a separate solicitation.