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to the construction manager, or design-build-bid or any other project <br />delivery method which is appropriate to the type of public works project <br />and conforms to applicable federal, state and charter requirements. The <br />executive director of public works is authorized and directed to promulgate <br />and maintain administrative procedures for the management of all public <br />works projects including alternative delivery methods. Such procedures <br />shall conform to any applicable regulations issued pursuant to section <br />2-803(e) which relate to the award of contracts for professional services. <br /> <br />Sec. 33-205. Disqualification of contractors. <br /> <br />(a) <br /> <br />In the event that any person who has contracted with the city for <br />the provision of labor and materials for public works construction <br />violates any covenant or condition of said contract, then, in addition <br />to any other right or remedy to which the city may be entitled, such <br />person may be disqualified from bidding on city contracts for public <br />works construction for a period of up to one year, in accordance <br />with the provisions of this section. <br /> <br />(b) <br /> <br />No person shall be disqualified under this section without having <br />first been given notice of the charges and an opportunity to be <br />heard on the issues. Unless an alternative hearing procedure is <br />directed by the city council, the notice of charges and time and <br />place of hearing shall be given to the person by the director of <br />public works, based upon a preliminary determination that a <br />violation calling for disqualification has occurred, and the said <br />director, or his/her authorized representative, shall conduct such <br />hearing and determine whether and for how long such person shall <br />be disqualified. Any determination of disqualification may be <br />appealed to the city council pursuant to Chapter 3 of this Code. In <br />determining whether a person should be disqualified and, if so, the <br />duration of the disqualifications, the hearing officer and the city <br />council shall consider the following: <br /> <br />(1) Whether any violation of the contract did in fact occur. <br /> <br />(2) <br /> <br />Whether the violation caused any significant detriment to the <br />city or to the public interest in terms of additional expense, <br />delay in completion of the work, or noncompliance with <br />public policy obligations. <br /> <br />(3) <br /> <br />Whether the acts or omissions that constituted or resulted in <br />the violation were marked by willful or reckless disregard for <br />the duty to comply with the contract. <br /> <br />Ordinance No. NS-2502 <br /> Page 9 of 11 <br /> <br /> <br />