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a. Prior to disqualifying a contractor for any cause set forth in 31A-5, the City Engineer shall serve written notice on the contractor:

1. Stating that disqualification is being considered.

2. Setting forth the reasons for the proposed disqualification.

3. Indicating that the contractor will be afforded a hearing if he so requests in writing within ten calendar days of receipt of the notice.

Effective notice shall be accomplished by certified mail, return receipt requested, to the last known address of the contractor, or the contractor’s agent for service of process, or any of its principal officers, partners, owners or affiliated [sic].

b. If no timely request for a hearing is made in writing, the City Engineer will proceed to make a final determination.

c. If a timely request for a hearing is made, the hearing shall be conducted by the City Engineer or his designate within fifteen calendar days of receipt of a written request therefor.

d. The conduct of a hearing will be in accordance with rules and procedures established by the City Engineer. The procedure will be informal, and will afford the contractor the opportunity to appear with witnesses and counsel to present information on the contractor’s behalf in opposition to the disqualification.

e. After a hearing on the matter, the City Engineer shall, within fifteen calendar days, make a written determination on the evidence presented. The City Engineer’s determination shall be delivered to the contractor by certified or registered mail, return receipt requested. The determination shall consist of findings of fact and the disposition of the case. The contractor may appeal the decision of the City Engineer to the Appeals Board established in section 31A-9(a).

Disqualification from participation in City bidding may, at the discretion of the City Engineer, be for a period of not less than one year nor greater than three years. However, the City Engineer may exclude a contractor indefinitely for the doing of a wrongful or fraudulent act by the contractor resulting in another person being substantially injured or for the conviction of a felony. (Ord. No. G-2772, § 1)