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`4- OF suµ P" Holidays) for each (8) hour day delay or part thereof, exclusive of Saturdays, Sundays and Holidays, shall be charged to the Guaranteed Maximum Cost of Repairs. 2.15 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE VENDOR Unless otherwise provided in Section 3 (entitled "Technical Specifications "), of this solicitation the vendor shall furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the City's Project Manager. 2.16 LABOR AND MATERIAL CHARGES The vendor shall provide the City with labor and materials in strict accordance with all solicitation requirements on an as needed, when needed basis. Accordingly, the vendor shall indicate the cost of this labor and materials on the submittal form included within this solicitation. The vendor shall not offer an overtime hourly labor rate that exceeds 1 1/2 times the value of the regular hourly labor rate; nor shall the vendor offer a cost of materials that exceeds a 20% mark- up from the vendor's actual cost. If non - compliance in either regard is evident either from the offer itself or from subsequent evaluation proceedings, the offer shall be considered non- responsive and ineligible for award. 2.17 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The vendor hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the vendor in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the vendor are found to be defective or do not conform to specifications: (1) the materials may be returned to the vendor at the vendor's expense and the contract cancelled or (2) the City may require the vendor to replace the materials at the vendor's expense. 2.18 PURCHASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION BASED ON PRICE QUOTES: While the City has listed all major items within this solicitation which are utilized by City departments in conjunction with their operations, there may be similar items that must be purchased by the City during the term of this contract. Under these circumstances, a City representative will contact the primary vendor to obtain a price quote for the similar items. If there are multiple vendors on the contract, the City representative may also obtain price quotes from these vendors. The City reserves the right to award these similar items to the primary contract vendor, another contract vendor based on the lowest price quoted, or to acquire the items through a separate solicitation. 2.19 WORK ACCEPTANCE City of Sunny Isles Beach I Request for Proposal No. 12 -05 -02