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The following definitions shall govern this chapter:

a.“Professional services” are those provided by a person or firm engaged in a profession based on a generally recognized special knowledge or skill, including, but not limited to, the professions of accountant, artist, architect, landscape architect, construction manager, engineer, environmental consultant, dentist, physician, training or educational consultant, or land surveyor, and whose services are considered distinct and unique to such a degree that bidding of such services would not be feasible.

b.“Public works project” shall mean a project paid for in whole or in part with public funds for the construction, alteration, repair, improvement, painting, reconstruction, or demolition of any public building, facility, street, sidewalk, utility, park or open space improvement, or other public improvement. “Public works project” does not include maintenance work, which includes routine, recurring, and usual work for the preservation or protection of any publicly owned or operated facility for its intended purpose, minor repainting, and landscape maintenance, including servicing of irrigation and sprinkler systems.

c.“Purchasing Agent” shall be the City Manager of the City of Monterey except with respect to the procurement of legal services in which case the Purchasing Agent shall be the City Attorney.

d.“Responsible bidder” means a bidder that has the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance of the contract. In addition to factors specified in the notice inviting bids or request for proposals, factors to be considered in determining whether the standard of responsibility has been met include whether a bidder has:

1.The ability, capacity, experience and skill to provide the goods, services, professional services, and/or construction projects in accordance with bid specifications, and if applicable;

2.The ability to provide the goods, services, professional services, and/or construction projects promptly, or within the time specified, and if applicable;

3.The equipment, facilities and resources of such capacity and location to enable the bidder to provide the required goods, services, professional services, and/or construction projects, and if applicable;

4.The ability to provide future maintenance, repair, parts and service for the use of the goods and/or construction projects purchased, and if applicable;

5.A record of satisfactory performance under prior contracts with the City or other purchasers where such bidder has previously been awarded such contract. (Ord. 3624 § 2, 2020)