1. Upon application by any person owning or operating a utility service, or by any person licensed as a plumber or plumbing contractor by the City, or by any contractor seeking to become qualified to perform right-of-way restoration work under City contract, the Building Inspector shall determine the qualifications of such applicant to perform right-of-way restoration work. In determining if an applicant is qualified to perform right-of-way restoration work, the Building Inspector may consider any of the following factors, which the applicant shall be obligated to demonstrate to the satisfaction of the Building Inspector:
A. The financial responsibility of the applicant.
B. The City’s past record of transactions and experience with the applicant, including the quality of workmanship on past right-of-way restoration projects; the number of liens, claims, or complaints filed regarding such past projects; and the number of repairs made on prior right-of-way restoration projects involving that applicant.
C. The adequacy of the applicant’s equipment and materials.
D. The competency and experience of the applicant’s managerial and supervisory personnel in performing right-of-way restoration work.
E. The applicant’s demonstrated ability to complete performance of right-of-way restoration work or work of a similar nature.
2. The Building Inspector may decline to qualify an applicant for the performance of right-of-way restoration work if the Building Inspector reasonably determines that the applicant has not demonstrated satisfactory compliance with the criteria in subsection 1 of this section or if the Building Inspector determines that the applicant has:
A. Without good cause therefor failed to carry on or complete prior right-of-way restoration work or work of a similar nature in an acceptable manner or refused to comply with a written order of the engineer with regard thereto within a reasonable time;
B. Failed to perform prior right-of-way restoration work or work of a similar nature in reasonably close conformity with the plans and specifications therefor, or in reasonably close conformity with the City’s design standards or the City’s utility accommodation and street restoration specifications;
C. Failed or refused to remove and replace materials or work found by the Building Inspector not to be in reasonably close conformity with the plans and specifications or City’s utility accommodation and street restoration specifications, as applicable, or failed to correct such material or work so as to cause such materials or finished product to be reasonably acceptable work; or
D. Offered or given gifts or gratuities to City employees in violation of state law or has had as its employee a person who was at the time also a City employee.
3. If the Building Inspector determines not to qualify an applicant to perform right-of-way restoration work, the Building Inspector shall so notify the affected applicant. The notice shall set forth the reasons supporting the Building Inspector’s determination not to qualify the applicant and shall indicate that the Building Inspector’s determination shall be considered final unless the applicant files a written request for review with the City Manager within 30 days of the applicant’s receipt of notice thereof. The notice shall be sent to the applicant by certified mail, return receipt requested.
4. Upon written request of the applicant received within 30 days of mailing of the notice provided in subsection 3 of this section, the City Manager shall schedule and hold a hearing thereon, as provided in Section 141.42 of this chapter. At such hearing, the applicant may present evidence or argument why it should be qualified to perform right-of-way restoration work.