Contractor’s Prequalification Application
Page 3 of 17
DISQUALIFICATIONS AND
RESTRICTIONS:
A Contractor may be disqualified or restricted from working on projects
involving the construction of public facilities if it is found that the Contractor,
or any other agent or employee, fails to meet, or has misrepresented the
Contractor’s compliance with, the City’s prequalification requirements.
1. HEARING: When a Contractor is alleged to be in violation or non-compliance with any of
the prequalification requirements, a hearing will be held by the Community
Development Director, or a designee as hearings officer, to review the violation
or non-compliance. A notice of the hearing, and a brief statement of the
allegation, shall be mailed to the last known address of the Contractor no less
than seven days prior to the hearing. At the hearing, the hearings officer shall
provide an opportunity for the Contractor to be advised of the basis for the
allegation, and to provide evidence to refute or mitigate the allegation. The
hearings officer shall make a decision within five days of the hearing, and shall
cause the decision to be mailed to the last known address of the Contractor
within four days of the decision.
2. PERIOD OF
DISQUALIFICATION
OR RESTRICTIONS:
A Contractor found in violation or non-compliance shall be disqualified or
restricted by the hearings officer regarding the construction of public facilities
for a specified period of time based upon the seriousness of the violation or
non-compliance. Disqualification or restriction imposed for a first offense shall
be no longer than twelve months. Subsequent disqualifications or restrictions
may exceed twelve months, but shall not exceed twenty-four months. A period
of disqualification may be followed by a period of restrictions so long as the
total period does not exceed the above stated time limitations.
3. RESTRICTIONS: When the hearings officer determines that a violation or non-compliance with
the City’s prequalification requirements should result in restrictions instead of
disqualification, the hearings officer shall state the reasons for mitigation in the
decision. A restriction may include the imposition of additional conditions and
requirements, including but not limited to, providing a civil or structural
engineer to provide full-time inspections of construction, said costs being
the responsibility of the Contractor.
4. APPEAL TO
CITY MANAGER:
A decision by the hearings officer to disqualify or restrict a Contractor may be
appealed to the City Manager by filing a written notice of appeal within
fourteen days of the decision by the hearings officer. The City Manager shall
conduct a hearing within thirty days of the notice to appeal. A notice of the
hearing shall be mailed to the last known address of the Contractor no less
than seven days prior to the hearing. At the hearing, the City Manager shall
provide an opportunity for the Contractor to challenge the disqualification or
imposition of restrictions. The City Manager shall make a decision within five
days of the hearing, and shall cause the decision to be mailed to the last known
address of the Contractor within four days of the decision. The City Manager
may affirm, reverse, or modify the decision of the hearings officer.