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CC - PUBLIC HEARING: (1) FOUR-FIFTHS VOTE REQUIREMENT: Waiver of Formal Bid Procedures and Award of a Construction Contract to Ennis Steel in the Amount of $1,103,884 for the Fabrication and Installation of the Charles Gaines Studio Artwork "A Frame for a Tree" and Associated Site Improvements (Project); (2) Authorization to the City Manager to Negotiate and Approve the Final Terms of the Contract with Ennis Steel; (3) Authorization to the City Manager to Approve Change Orders to the Ennis Steel Contract in an Aggregate Amount Not-to Exceed $110,388 to Cover Contingency Costs (10%); (4) Ratification of the Fourth and Fifth Amendments to the Professional Services Agreement with Dyson & Womack Increasing the Total Compensation by $33,000 and Extending the Contract Term through June 30, 2025; (5) Waiver of Competitive Bidding Procedures Pursuant to Culver City Municipal Code Section 3.07.075.F.3 and Approval of a Sixth Amendment to the Dyson & Womack Agreement Increasing the Amount of Compensation by $252,000 for Project Management Services for Phase III of the Project and Extending the Contract Term through Project Completion; and (6) Authorization to the City Manager to Approve Change Orders to the Dyson & Womack Agreement in an Aggregate Amount Not-to Exceed $25,200 to Cover Contingency Costs (10%).
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Meeting Date: May 27, 2025
Contact Person/Dept: Sally Unsworth / City Manager - Cultural Affairs
Phone Number: (310) 253-6003
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Attachments: Yes [X] No []
Public Notification: (E-Mail) Meetings and Agendas - City Council (05/22/2025); (E-Mail) Cultural Affairs Commission (05/22/2025); (E-Mail) Interested Parties; Published in Culver City News (05/08/2025).
Department Approval: Jesse Mays, Assistant City Manager (5/06/2025)
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RECOMMENDATION
Staff recommends the City Council consider the recommendation from the Cultural Affairs Commission (CAC) and:
1. Waive formal bidding procedures pursuant to Culver City Municipal Code (CCMC) Section 3.07.090.E and award a construction contract to Ennis Steel in the amount of $1,103,884 for the fabrication and installation of the Charles Gaines Studio artwork "A Frame for a Tree" and associated site improvements (Project) (requires a four-fifths vote);
2. Authorize the City Manager to negotiate and approve the final terms of the contract with Ennis Steel;
3. Authorize the City Manager to approve change orders to the Ennis Steel contract in an aggregate amount not-to-exceed $110,388 to cover construction contingency costs (10%);
4. Ratify fourth and fifth amendments to the professional services agreement with Dyson & Womack in the amount of $33,000 and extending the contract term to June 30, 2025;
5. Waive competitive bidding procedures pursuant to CCMC Section 3.07.075.F.3, and approve a sixth amendment to the Dyson & Womack agreement increasing compensation by $252,000 for Project management services for Phase III of the Project and extending the term of the contract through project completion; and
6. Authorize the City Manager to approve change orders to the Dyson & Womack agreement in an aggregate amount not-to-exceed $25,200 to cover contingency costs (10%).
PROCEDURE
1. Mayor seeks motion from City Council to receive and file the affidavits of publication and posting of notices and correspondence received in response to the public hearing notices; and,
2. Mayor calls on staff for a brief staff report and City Council poses questions to staff as desired; and,
3. Mayor seeks a motion to open the public hearing; and
4. Mayor seeks a motion to close the public hearing after all public testimony has been presented; and,
5. The City Council discusses the item and arrives at its decision.
BACKGROUND
Over the last decade, the City has engaged in long-term planning for the area around the Culver City Metro Expo Line Station (E Line), repurposing and redeveloping former industrial land. In February 2016, the City Council approved the Washington/National Transit Oriented Development (TOD) District Streetscape Plan. This plan aimed to guide the development of an attractive, pedestrian-friendly environment with sustainable features that encourages multi-mobility, complements current and future transit-oriented development projects, and serves as a gateway to Culver City from the Light Rail Station. The streetscape plan included information on a potential collaborative art feature to serve as both a gateway and visually unify the four corners of the Washington/National intersection.
Developers of adjacent projects, specifically Lowe (Ivy Station) and Lincoln Property Company or CLPF (8777 Washington), agreed to contribute to the cost of this public art project as part of their required Art in Public Places Program (APPP) allocations. Lowe contributed $300,000 in 2018, and CLPF contributed $580,000. The City initially appropriated $300,000 from the Cultural Trust Fund for the project. This brought the revised total project allocation to $1,180,000.
In September 2018, a Request for Proposal (RFP) was released for an Art Consultant. Following interviews in February 2019, Dyson & Womack were selected and subsequently approved by the City Council to lead the Public Art Project from development through realization. At that time, the City Council directed that the mature and healthy Ficus tree in the triangular City-owned open space (Green Open Space) be retained as part of the art concept development.
With input from City staff, Dyson & Womack assembled a voting Art Panel and a non-voting Art Committee to guide the artist selection process. The Art Committee included various stakeholders, such as representatives from adjacent properties (Joseph Miller - Runyon Group/Platform, Gil Gonzalez - Greystar/Access Culver City, Tom Wulf - Lowe/Ivy Station, Rob Kane - Lincoln Property Company/8777 Washington Blvd., Wally Marks - Walter N. Marks Realty/Helms Bakery District), the Culver City Arts District (Josetta Sbeglia - Fresh Paint Art Advisors), the Culver City Historical Society (Hope Parrish), City staff (Elaine Gerety-Warner, Christine Byers), and Cultural Affairs Commission (CAC) Public Art Subcommittee members (Zoltan Pali, Brenda Williams). The Art Panel, comprised of Yassi Mazandi, Aurora Tang, and Marla Koosed, provided leadership and recommendations.
The process formally began in December 2019 with the development of a Public Art Plan (see Attachment 2), Request for Qualifications (RFQ), and Request for Proposal (RFP). The project experienced substantial delays in 2020 due to the Covid-19 pandemic. The RFQ was released in December 2020, receiving 147 submissions. Sixteen artists/artist teams were shortlisted in April 2021, and six finalists were invited to the Request for Proposals stage. These finalists were Blane de St. Croix, Charles Gaines, Iris Hu, Susan Narduli, Matthew Mazzotta, and Paul Cocksedge Studio.
After reviewing these proposals, the voting Art Panel selected Charles Gaines and his concept titled “A Frame for a Tree” for the site. The artwork concept involves an approximately 56' x 98' rectangular metal structure designed to frame the mature Ficus tree at the site. The design also includes landscape elements by Land Fabrics, essential lighting design, and incorporates the historical plaque recognizing the site of the Hal Roach Studios. The design accommodates the continued growth and health of the Ficus tree, with Peter Ashley, an arborist engaged throughout the project. The concept was praised for its strong relation to the Public Art Plan, its ability to create a captivating frame for the tree, and its connection to the site's history, while expanding on the artist's critically acclaimed system-based works. The Art Panel's selection was supported and recommended by the CAC Public Art Subcommittee to the full Cultural Affairs Commission on September 20/, 2022. The City Council supported the CAC’s recommendation, and the design was approved on October 24, 2022. (See Attachment 3)
The project proceeded through Phase I, which included developing the Public Art Plan, RFQ, and RFP for artist and concept selection, at a total cost of $87,000. Phase II involved 100% design and construction development, including the Artist Fee. The total cost for Phase II was $423,000 including fees to Dyson & Womack, Charles Gaines Studio and Tolo Architecture.
The City’s professional services agreement with Dyson & Womack was approved by City Council on February 24, 2019. The contract was effective on August 21, 2019 and has been amended over the years to address the project’s evolving needs and minimize project delay. The contract with Dyson & Womack required five budget amendments due to increases to consultant scope, geotechnical studies, and administrative oversight. The first amendment was approved June 22, 2021 increasing the compensation from $50,000 to $75,000 for completion of Phase I. The second amendment, approved on April 10, 2023, increased the scope for Phase II of the project to include additional geotechnical work, design development and project management oversight increasing the compensation from $75,000 to $310,000. The third amendment, approved April 20, 2023, included additional fees for project management oversight and compensation was increased from $310,000 to $335,000. The fourth amendment, approved September 18, 2024, included additional administrative services as well as an extension for time and compensation was increased from $335,000 to $360,000. The fifth amendment, approved on April 3, 2025, increased the compensation from $360,000 to $368,000 for additional administrative work and an extension in time for the contract. CCMC Section 3.07.045 stipulates that in the event the same vendor has been utilized for a period of five consecutive years, the City’s informal or formal bidding procedures shall apply. Given Dyson & Womack’s experience with the project and relationship with the Charles Gaines Studio, it was not practical to solicit competitive proposals for this work in accordance with the City’s informal bid procedures. In order to keep the project moving forward and prevent further delays, the City Manager approved Amendment 4 and Amendment 5 increasing the contract by a total of $33,000 and extending the term to June 30, 2025 in order for Dyson & Womack to help staff bring the project construction forward for Council consideration.
Staff, Dyson & Womack, Charles Gaines Studio, TOLO Architecture, arborists, geotechnical firms, and Los Angeles County Metropolitan Transit Authority (LACMTA) were involved in refining the design during Phase II. (See Attachment 1)
DISCUSSION
The project is now ready for Phase III, which encompasses the fabrication and installation of the artwork and associated site improvements. Based on the final cost proposal provided by Dyson & Womack on April 30, 2025, the estimated costs for Phase III are as follows:
• General Contractor Costs (Ennis Steel): These costs cover the physical construction and site work.
The total estimated cost for the General Contractor as outlined in project costing (See Attachment 4) is $1,103,884. Staff recommends awarding this contract to Ennis Steel.
• Project Management Costs (Dyson & Womack): These costs cover the oversight and administration of Phase III.
The total estimated cost for the Project Management scope is $252,000. Staff recommends approving an amendment to the Dyson & Womack agreement to incorporate the scope of services for Phase III, increase the compensation accordingly, and extend the contract term through the end of Phase III. The amendment amount exceeds the City’s informal bidding threshold and would require formal bidding. CCMC Section 3.07.075.F.3, provides that the Council may waive, by a majority vote, bidding requirements if it is deemed to be in the City’s best interest and authorize a negotiated contract. In recognition of Dyson & Womack’s knowledge of the project and the City’s desire to move the project forward without delay, staff recommends that the City Council waive formal bidding and approve the sixth amendment as recommended.
Summary of Procurement Process for Steel Fabricator: As part of the preparation for Phase III, Dyson & Womack conducted a competitive bid process to select a qualified steel erection fabricator for the artwork, as outlined in their attached Procurement Memorandum dated May 1, 2025. (See Attachment 5) This process was designed to meet rigorous government procurement standards. A Request for Bids (RFB) was issued to pre-qualified firms experienced in public art or complex architectural fabrication. Bidders were required to submit documentation verifying their California Contractors License in good standing, Department of Industrial Relations (DIR) registration, commitment to paying union-scale wages for onsite labor, and certifications such as California Small Business Enterprise (SBE) and Minority Business Enterprise (MBE).
Three bids were received and a review team including Dyson & Womack and Charles Gaines Studio unanimously agreed on the selected vendor. Ennis Steel is recommended as the general contractor who will be responsible for managing all fabrication and installation aspects of the project, including the work by the selected steel fabricator. Ennis Steel was considered to demonstrate the necessary capacity, experience, and attention to detail; offering the best balance of cost-efficiency and craftsmanship; and met all required qualifications (Active CA Contractors License, DIR Registration in good standing, Certifications, Agreement to union wage standards). Dyson & Womack's procurement protocols align with public sector standards for transparency, compliance, and accountability.
To proceed with the fabrication and installation phase, staff recommends waiving the formal competitive bidding procedures for the construction contract with Ennis Steel, pursuant to CCMC Section 3.07.090.E. This approach is consistent with practices used for other significant City projects where waiving formal bids was deemed appropriate, often due to specialized requirements or timing constraints. Given the highly specialized nature of public art fabrication and installation, and the specific requirements outlined by the artist and design team, staff believes this waiver is in the best interest of the City to ensure the successful realization of this unique artwork.
A 10% contingency is requested for the Ennis Steel contract (not-to-exceed $110,388) to address any unforeseen conditions or necessary modifications that may arise during the fabrication and installation process. Similarly, a 10% contingency is requested for the Dyson & Womack amendment (not-to-exceed $25,200) to cover potential additional project management coordination requirements during Phase III.
FISCAL ANALYSIS
The total estimated cost for Phase III, including contingencies, is $1,491,472 [$1,103,884 (Ennis Steel Contract) + $110,388 (Ennis Steel Contingency) + $252,000 (Dyson & Womack Amendment) + $25,200 (Dyson &Womack Contingency) = $1,491,472].
The Proposed Budget for Fiscal Year 2025-2026 includes sufficient funding in the amount of $1,491,472 for Phase III of this project in CIP Project No. PO005 (Public Art for Washington/National TOD Gateway). This project this fully funded by the Cultural Arts Fund (Fund 413).
ATTACHMENTS
1. 25-05-27_CC_ATT No. 1_Charles Gaines Studio Updated Renderings
2. 25-05-27_CC_ATT No. 2_Historical Report
3. 25-05-27_CC_ATT No. 3_A Frame for a Tree/Charles Gaines Proposal
4. 25-05-27_CC_ATT No. 4_Final Cost Proposal for Public Art Project
5. 25-05-27_CC_ATT No. 5_Dyson & Womack Procurement Memorandum May 1 2025
MOTIONS
That the City Council:
1. Waive formal competitive bidding procedures, pursuant to CCMC Section 3.07.090.E, and award a construction contract to Ennis Steel in the amount of $1,103,884 for the fabrication and installation of the Charles Gaines artwork "A Frame for a Tree" and associated site improvements (requires a four-fifths vote);
2. Authorize the City Manager to negotiate and approve the final terms of the contract with Ennis Steel;
3. Authorize the City Manager to approve change orders to the Ennis Steel contract in an aggregate amount not-to-exceed $110,388 to cover construction contingency costs (10%);
4. Ratify the fourth and fifth amendment to the professional services agreement with Dyson & Womack (Contract No. 31900376) increasing the total compensation by a total of $33,000 and extending the contract term through June 30, 2025;
5. Waive competitive bidding procedures pursuant to Culver City Municipal Code Section 3.07.075.F.3 and approve a sixth amendment to the existing professional services agreement with Dyson & Womack in the amount of $252,000 for project management services for Phase III, increasing the maximum compensation from $368,000 to $620,000 and extending the contract term through project completion;
6. Authorize the City Manager to approve change orders to the Dyson & Womack agreement in an aggregate amount not-to-exceed $25,200 to cover contingency costs (10%);
7. Authorize the City Attorney to review/prepare the necessary documents;
8. Authorize the City Manager to execute such documents on behalf of the City; and
9. Provide other direction to the City Manager as deemed appropriate.