Based on the recommendation of the City Administrator, or designee, the City Council may suspend a bidder, contractor or subcontractor, depending on the severity of the offense, from participating in other City construction contracts, or from taking part in City work as a subcontractor, for a period of not less than six (6) months, nor more than eighteen (18) months. Any bidder, contractor or subcontractor who violates any provision in this section shall be suspended for a period of time after a public hearing before the City Council Public Services Committee when it finds that the bidder, contractor or subcontractor engaged in any of the following acts: (Ord. 94-20, 8-16-1994)
A. Continually failed or refused to correct deficient work or replace substandard or unauthorized materials found by the Public Services Department, or its agent, or fails to make prompt progress payments to subcontractors for materials or labor in accordance with Iowa Code chapter 573.
B. Continually found not to be in reasonably close conformity with the project document or failed to correct work so as to be reasonably acceptable. (Ord. 94-3, 2-15-1994)
C. Continually failed to carry on the work in an acceptable manner or refused to comply with a written order of the Public Services Director, or designee, within a reasonable time, or has responded to the Public Services Director, designee, City official or employee in any manner which is either threatening, disparaging or insulting.
D. Persistently failed to timely complete a contract, or sought unreasonable extensions of time on current projects, or refused to comply with directives of the Public Services Director, designee or the City Council.
E. Failed to perform the contract with skilled workers as required in the project document, or otherwise assigned or disposed of work to an unauthorized contractor or to subcontract any portion thereof without approval of the Public Services Director, or a designee. (Ord. 94-20, 8-16-1994)
F. Forfeited a bid bond or failed to enter into a 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 same work for which the award is currently being considered.
G. Failed to comply with the nondiscrimination requirements of the standard specifications or special provisions as outlined in the contract.
H. Persistently or repeatedly refuses or fails to comply with the City's Target Small Business Program requirements and to effectively utilize female and minority owned businesses on City public improvement projects, or has wilfully disregarded the rules, regulations and directives of the Mason City Human Rights Commission 1 .
I. Failed to comply with the requirements of the Federal Davis Bacon requirements to pay prevailing wages during the course of a federally funded project, as required by Federal law.
J. Been disqualified, suspended or debarred by any agency of the State, any of its municipalities or any Federal agency.
K. Subcontracted, employed, or otherwise used the services of anyone who has been disqualified by the City Council from working on City projects, or employed or otherwise used the services of a City employee as prescribed in section 1-10-8 of this chapter.
L. Been convicted of, or pled guilty to, or declared nolo contendere to, a charge of engaging in any conspiracy, collusion, price fixing or combination thereof, or other unlawful act in restraint of trade, or business discrimination, or of similar charges in any Federal Court or a court of this or any other state.
M. Offered, promised or given a gratuity to any person elected, selected, appointed, employed or otherwise engaged in public service to secure or fulfill a City contract, or has employed as its own employees during the course of the project any of the foregoing. (Ord. 94-3, 2-15-1994)
Notes
| 1 | 1. See title 2, chapter 10 of this Code. |