Upon the recommendation of the city engineer, the city council may disqualify a contractor or subcontractor who has submitted the low bid from being awarded a contract on a public improvement construction or repair contract or from participating in such as a subcontractor for a period of up to three years.  A contractor or subcontractor may be disqualified upon a determination by the city council that the contractor or subcontractor has:

    1. Continually failed or refused to remove and replace materials or work found by the city engineer not to be in reasonably close conformity with the contract documents or to correct such material or work so as to cause such materials or finished product to be reasonably acceptable work;

    2. Continually and, in the judgment of the city engineer, without good cause therefore failed to carry on the work in an acceptable manner, to complete the work in a timely manner or refused to comply with a written order of the engineer within a reasonable time;

    3. Failed to perform with its own organization the work as required or otherwise assigned or disposed of work or the contract or any part thereof without approval of the city council;

    4. Forfeited a bid bond and failed to enter into the contract upon an offer of award by the city council in response to a prior advertisement for bids for the same project or any combination of projects involving the project for which award is currently being considered;

    5. Failed to comply with nondiscrimination requirements of the standard specifications or special provision;

    6. Failed to comply with the requirement to pay prevailing wages, as required by federal law;

    7. Been disqualified, suspended, or debarred by an agency of the state or federal government;

    8. Subcontracted, employed, or otherwise used services, for work of the city, of one who is disqualified by the city, except to fulfill agreements for work on existing contracts;

    9. Been convicted of or pled guilty or nolo contendere to a charge of engaging in any conspiracy, combination, or other unlawful act in restraint of trade or of similar charges in any federal court or a court of this or any other state; or

    10. Offered or given gifts or gratuities to employees of the city in violation of state law or has had as his or her employee a person who was at the time also a city employee.(Ord. 2006-0729)