Inglewood Municipal Code § 2-196 Formal Competitive Bidding and Competitive Selection Procedures

(a) Formal Competitive Bidding and Competitive Selection Threshold. Unless an exception in Section 2-198.1 applies, all contracts or purchase orders over one hundred twenty-five thousand dollars shall be awarded through a formal competitive bidding or selection procedure.

(b) Formal Competitive Bidding Procedure.

(1) Notice Requirement. Notice shall be published in a newspaper of general circulation in the City of Inglewood by at least one insertion, which shall be at least fifteen days prior to the time designated for opening bids. Bid notices for construction projects shall be sent to at least one trade periodical in sufficient time to permit such periodicals to publish said notice at least fifteen days before the bid opening time. The notice shall include a general description of the good and/or service desired; shall state the time, date and place of bid opening; and shall designate where the solicitation documents may be obtained.

(2) Bidder's List. Such notice shall also be sent on or before the deadline for newspaper publication to those persons and firms listed in the City's latest bidders' list with a general description of the good and/or service desired by the City and posted on the City's online vendor portal website.

(3) Bulletin Board Notice. All pending purchases or sales shall be noticed by posting on the public bulletin board of the City Hall.

(4) Bidders' Security. All bids must be sealed and, if required by the City in the solicitation, bids must be accompanied by security in the form of either cash, cashier's check, certified check or surety bond in a sum equal to ten percent of the total aggregate bid. In the event a bid bond is required and the successful bidder fails or refuses to execute the contract within the time designated in the bid documents, his or her bid security shall be forfeited and the City Council may award the contract to the next lowest responsive and responsible bidder.

(5) Other Bond Requirements. The City may require a faithful performance bond, labor and material bond and other bonds in an amount reasonably necessary to protect the City's interest in obtaining the services or work involved. If bonds are required, the form and amount thereof shall be designated in the Notice Inviting Bids.

(6) Opening Procedure. All bids must be submitted to the City Clerk who shall safeguard them in a sealed condition until the time noticed for public bid opening. Bids will be opened publicly at the time and place stated in the public notice, by the City Clerk or designee, together with the Purchasing Officer or designee. A tabulation of all the bids received shall be available for public inspection in the Purchasing Office for a period of no less than thirty calendar days after the bid opening.

(7) Compilation of Bids and Recommendations. Following the opening of bids the Purchasing Officer shall compile all of the bids and submit them to the City Manager together with a recommendation as to which bid he or she considers best, taking into consideration the recommendation of the department head involved, the bid, compliance with specifications and responsibility of the bidder. The City Manager shall forward the compilation of bids and the Purchasing Officer's recommendation with respect to an award to the City Council.

(8) Award or Alternative Procedure. The City Council may make an award of contract to the lowest responsive and responsible bidder or, in the alternative, either reject all bids and readvertise, or authorize the City itself to perform the work, or directly acquire the goods desired in accordance with the immediately following provision:

(9) Direct Method. After bids are rejected or if no bids are received, the City Council by three affirmative votes may, order the work done by City personnel and equipment or authorize the purchase of the goods or services involved on the open market without complying with the requirements of this Article; provided that the City Council receive competent information or data that the City itself is capable of completing the project involved in a more satisfactory or economical manner, or that the goods or service may be purchased more economically on the open market.

(10) Tie Bids. If two or more bids are received which are in all respects equal, the contract shall be awarded to a bidder maintaining a place of business in Inglewood; however, if all or none of such bidders maintain a place of business in Inglewood then the contract shall be awarded by;

(i) Reject all bids and reissue a notice inviting bids; or

(ii) Reject all bids and authorize negotiation of an agreement between the City and one of the equivalent bidders; or

(iii) Drawing lots.

(c) Formal Competitive Selection Procedure.

(1) Notice Requirement. The Purchasing Officer shall notify the persons or firms of the solicitation in writing at least fifteen days before the deadline for submitting a proposal and provide a copy of the solicitation.

(2) Opening Procedure. All proposals shall be submitted to the Purchasing Office and will be safe guarded in a sealed condition until the time noticed for opening. The City may keep the names of entities submitting proposals, as well as the contents and evaluations confidential to the extent permitted by law.

(3) Evaluation Criteria. In determining the best qualified person or firm, for award of an agreement, the City shall consider all of the criteria referenced in the solicitation document. The City shall have absolute discretion in determining the applicability and weight of the criteria in the solicitation document. The City is not required to select the proposal with the lowest price.

(4) Selection Recommendation. Following the evaluation of the proposals, the Purchasing Officer will submit his or her recommendation to the City Manager taking into consideration, the recommendation to the department head and selection committee, the weighted score, compliance with the scope of services and the responsibility if the best qualified person or firm. The City Manager shall forward the proposals and the Purchasing Officer's recommendation with respect to award, to the City Council.

(5) Award. The City Council may make an award of contract to the best qualified person or firm or in the alternative, reject all proposals and readvertise.

(Ord. 25-01, 1/16/2025)

Contracts between the City and the successful contractors for pre-construction services, design, construction, finance, operations and maintenance, and related services for the In glewood Transit Connector Project ("ITC Project") may be procured in accordance with the following subsections:

(a) Alternative Methods. With respect to any procurement and contract under this Section, the City may utilize some or all of the following project delivery methods and procurement strategies:

(1) Alternative project delivery methods, including, but not limited to, design-build, design-build-maintain, design-build-finance-maintain, design-build-operate-maintain, design-build-finance-operate-maintain, concession arrangements, early contractor involvement, early works agreements, and other forms of alternative project delivery, or any combination of any such methods.

(2) Use of a best value approach to procure and contract for delivery of the ITC Project, which approach shall generally set forth the criteria the City will evaluate when reviewing submittals, the relative weight of such criteria in the evaluation process, and the factors the City will consider in making its award determination, including, but not limited to, experience and qualifications, technical proposals and other related factors, in addition to contract price.

(3) Competitive solicitations using requests for qualifications, short-listing of qualified proposers, requests for proposals, pre-proposal procedures consistent with appropriate protocols including review and assessment of design and architectural components, meetings or interviews with individual short-listed proposers, and community engagement and previews of proposer solutions, revised proposals, and best and final offers.

(4) Negotiations with proposers prior to award to allow clarification and changes in the proposals.

Should the City elect to use a competitive solicitation in connection with any procurement or contract under this Section, the City shall have the discretion to require some or all of the procurement procedures described in subsection (b) below.

(b) Procurement Process. With respect to any procurement and contract under this Section in which the City issues a request for qualifications, request for proposals or similar solicitation document, the City may utilize some or all of the following procurement procedures:

(1) The City shall take adequate measures to treat each proposer fairly and employ reasonable precautions to prevent the disclosure of confidential or proprietary information contained in any one proposal with other proposers, except as may be required by law.

(2) The City may identify a process whereby proposers may request and receive authorization to deviate from technical and financial specifications, provided the proposer has demonstrated to the City's satisfaction that the proposed deviation will meet or exceed the applicable specifications.

(3) To the extent permitted by applicable law, the City may withhold proposals from release or disclosure until the award of the contract and the conclusion of any protest or other challenge to such award or the lapse of the protest period without challenge.

(4) The City may require that all proposals be submitted to the City's designated procurement manager for the ITC Project, who shall safeguard them in a manner and at a location the designated procurement manager deems appropriate to reasonably maintain the confidentiality and security of the proposals.

(5) The City may require that every proposal for any contract under this Section be accompanied by proposal security, subject to terms and conditions and in such amounts as determined in the City's discretion, securing the proposer's obligation to enter into the proposed contract if the same be awarded to it.

(6) The City may require the party directly under contract with the City, one or more of that party's prime contractors, or any combination thereof, to provide performance and payment security in the form of bonds, guarantees, letters of credit or any other type of financial instrument, or any combination of the foregoing for all or part of the cost of the ITC Project. To the extent permitted by applicable law, the City may set the amounts of such performance and payment security based on its determination of what is required to adequately ensure payment of subcontractors and protect the City's interests.

(7) The City may pay stipends or payments for work product on terms and conditions and in such amounts as determined in the City's discretion.

(8) In exchange for such stipend or payment for work product, the City may require the proposer to grant to the City the right to use any work product contained in the proposer's proposal.

(9) To the extent permitted by applicable law, the City may allow contractors identified in a proposal for a contract procured under this Section to delay compliance with applicable licensing requirements until contract execution or financial close, as determined by the City in its sole discretion.

(10) To the extent permitted by applicable law, the City may set a uniform rate of interest on payments due and owing but not yet made on contracts related to the ITC Project.

(11) To the extent that the City utilizes any of the procurement procedures described in this subsection, the request for qualifications, request for proposals or similar solicitation documents issued under this Section will specify relevant terms and conditions.

(12) The City may allow the proposers to submit subcontractor information and details of work to be subcontracted after contract execution.

(13) The City may allow the proposers to propose and arrange more than one subcontractor for each portion of subcontracted work.

(c) Contracting. Notwithstanding any other provision of law, the City may include in a contract entered into under this Article any provision that the City determines is necessary or appropriate. Examples of such provisions include, but are not limited to, the following:

(1) Provisions addressing the allocation and management of project risks, including, without limitation, design, construction, geotechnical, delay, permitting, governmental approvals, change of law, change in utility costs, operations and maintenance, force majeure, inflation and financing risks.

(2) Provisions providing that the City may pay the contractor by making periodic payments to the contractor through the term of the contract or any portion thereof. Such payments may include: availability, milestone, progress, substantial completion or final acceptance payments; payments for costs related to design, construction, financing, operations and maintenance; payments for costs incurred from utilities, land acquisition, and any other project development costs; and a rate of return on the contractor's investment the City determines to be appropriate.

(3) Provisions providing that the City may make downward adjustments to payments owing to the contractor where the contractor fails to achieve performance specifications or otherwise fails to comply with its obligations under the contract.

(4) Provisions requiring that either the City or the contractor provide the utilities required during construction and operation of the ITC Project.

(5) Provisions requiring the use of arbitration or other alternative dispute resolution procedures to resolve disputes between the City and the contractor. Such alternative dispute resolution procedures may include, but are not limited to, binding or nonbinding process, arbitration or mediation, the establishment of a board to hear disputes and/or resort to the courts.

(6) Provisions addressing the City's requirements for operations, maintenance, renewal, rehabilitation, reequipping, use and change in use of the ITC Project, flexibility to expand the ITC Project, and provisions allocating performance obligations between the contractor and the City with respect to such requirements.

(7) Provisions providing for compensation of the contractor upon early termination of the contract, including, but not limited to, termination by the City for its convenience, or termination by default of either the City or the contractor. Compensation on termination amounts and formulas shall be as determined by the City in its discretion.

(8) Provisions specifying events of default and remedies available to the contractor and the City.

(9) Provisions setting forth the technical standards and specifications with which the contractor must comply, including, but not limited to, performance standards and output specifications, together with provisions allowing the City to enforce, amend or waive such technical standards and specifications.

(10) Provisions requiring that the contractor obtain and maintain insurance with such coverages and deductibles as determined by the City to be appropriate in its discretion.

(11) Provisions regarding the maintenance and auditing of the contractor's books and records.

(12) Provisions requiring the contractor to waive certain rights and benefits conferred by Public Contract Code Section 7104, to the extent that it may be inconsistent with any provision of the contract.

(13) Provisions specifying no withholdings and retainages or specifying withholding and retainages in amounts, percentages and frequency the City deems appropriate, and the terms and timing of release.

(14) Provisions specifying the terms and timing for making payments to the contract.

(15) Provisions specifying the rate of interest on late payment to the contractor.

(16) Provisions allowing or precluding securities as substitution for retention or payment of retention into an escrow.

(d) Funding and Financing. The City may utilize any lawful source of funding and financing, or combination thereof, for the development, design, construction, operations, maintenance, and renewal of the ITC Project. The City is hereby authorized to:

(1) Require the contractor to arrange for all or a portion of the financing required for the ITC Project and the City may elect in its discretion to participate with the contractor in any gains realized through the refinancing of the ITC Project, as determined by the City in its discretion.

(2) Pursue and apply for, and accept from the United States, any state, or any of their respective agencies, or from any regional or local governmental entity, such funds and credit assistance as are available to it for carrying out the purposes of this Article, whether the funds are made available by grant, loan, guaranty, line of credit or other financing arrangement, and pursue and apply for such funds and credit assistance to the extent necessary to support the contractor's use of such mechanisms to arrange for all or a portion of the financing required for the ITC Project.

(3) Enter into such arrangements and other agreements with the United States, any State, or any of their respective agencies, or with any State, regional or local governmental entity, as may be necessary, proper, and convenient for carrying out the purposes of this Section.

(4) Accept from any source any grant, donation, gift, pledge, or other form of conveyance of land, money, other real or personal property, or other valuable thing made to the City for carrying out the purposes of this Section.

(5) Impose and collect fees, rents and charges from users of the ITC Project, as well as other project-generated revenue streams (including, but not limited to, advertising, corporate sponsorships, joint use and fiber optic technology). The City may increase such fees, rents and charges and use lawful measures to enforce such fees, rents and charges and/or authorize a contractor or another public entity to impose, collect, increase and enforce such fees, rents and charges to the same extent as available to the City. The use, application and sharing of such fees, rents, charges and revenue streams by the City or the contractor shall be as determined by the City in its discretion.

(6) Consider and adopt other alternative strategies for increasing ITC Project revenues as a means to reduce long term ITC Project costs payable by City or its assignee.

(7) Utilize any other lawful source of funding and financing, or combination thereof, that the City determines is necessary or appropriate.

(Ord. 25-01, 1/16/2025)