City Council and Authorities Concurrent
April 8, 2025

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance Addendum
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date and terminate on June 30, 2026.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

A. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Contractor shall be approved and signed by an appropriate qualified licensed professional in the State of California.

B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.

4. WARRANTY
Contractor expressly warrants that Services covered by this Agreement shall be performed in accordance with the Standard of Care set out in Section 6 covered by this Agreement shall be fit for the purpose intended, and shall conform to the specifications, requirements, and instructions which this Agreement is based.

Contractor agrees to promptly correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If following reasonable notice and opportunity to cure, Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.

Design Professional Agreement with LPA, Inc.

Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is set forth in Section 1 of Exhibit B, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Contractor.

B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.

C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.

8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.

Design Professional Agreement with LPA, Inc.

Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-MCB-1 DA7DD9E0D2D Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.

9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Design Professional Agreement with LPA, Inc.

Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, including California Civil Code Section 2782.8, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Contractor, its employees, subcontractors, or agents in the performance, or non-performance, of Services under this Agreement. For claims based upon Contractor's professional errors or omissions, Contractor's indemnification including the duty to defend consists of reimbursement of damages and defense costs incurred by the Indemnified Parties in direct proportion to the Contractor's proportionate percentage of fault which will be determined, as applicable, by a court of law, jury or arbitrator.

15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

Design Professional Agreement with LPA, Inc.

Rev. 09-28-18

OocuSign Envelop e ID: 1 F3O0202-9008-46E8-AACB-1 DA7OD9E0D2O

17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing , be sent to City addressed as follows :

City of Santa Clara
Attention: Parks and Recreation Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Contractor addressed as follows:

LPA, Inc.

Attention: Arash lzadi
60 South Market Street, Suite 1250
San Jose , California 95113
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government , including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060) , and Food and Beverage Service Worl<er Retention (SCCC Chapter 9.60) , as such Chapters or Sections may be amended from time to time or renumbered . Additionally Contractor has read and agrees to comply with City's Ethical Standards (http://santaclaraca .gov/home/showdocument?id=58299 ).

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Design Professional Agreement with LPA, Inc.

Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.

23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.

24. CHANGE PROCEDURES AND AUTHORIZATION
A. Change Orders. Any changes to this Agreement that relate to (i) the deletion of Services, (ii) adding additional Services, or (iii) changing or modifying Services, not to exceed the maximum compensation of this Agreement, shall be made by a written change order authorized by the Director of Parks & Recreation.

B. Amendments. Any changes to this Agreement that relate to (i) an increase in the maximum compensation of this Agreement, or (ii) the term of this Agreement, or (iii) any other terms or conditions of the Agreement not covered by the Change Order provisions set forth above, may only be made by a written amendment duly authorized and executed by the Parties to this Agreement.

Design Professional Agreement with LPA, Inc.

Rev. 09-28-18

OocuSign Envelope ID: 1F3O0202-9008-46E8-AACB-1DA7OO9E0D20

25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

Approved as to Form:

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: 5/ 1-0 {t;,
/) _ "J. lb
(.;/'V' GLEN R. GOGGINS
City Attorney ~p
City of Santa Clara
"CITY"
LPA, INC.
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
a California corporation
July 29, 2023
By (Sign~t:t~lA,....,ocu~sl\ti=gn•-·~.._:· ________ _____ _ Na~oo~~~
Title: Chief Operating Officer
Principal Place of 60 South Market Street, Suite 1250
Business Address: San Jose, California 95113
Email Address : [email protected]
Telephone: (408) 780-7203
Fax: ( ) (949) 260- 119 0
"CONTRACTOR "
Design Professional Agreement with LPA, Inc.

Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D

1. INTRODUCTION

EXHIBIT A

SCOPE OF SERVICES

1.1. This Scope of Services specifically addresses services to be provided by Contractor related to performing an initial review of the structure and operating components of the George F. Haines International Swim Center ("Phase 1 Services"). The structure and operating components include the diving pool and pool tower, racing pool, training pool, mechanical room and pools' systems, shower/restroom/office building, pool deck and viewing stands, and support building.

1.2. The primary purpose of Phase 1 Services is for Consultant to report on the facility's current condition, identify systemic deficiencies, determine remaining operating life, and compliance with building codes as defined in this Scope of Services. If the City chooses, it may engage Consultant to provide detailed program and conceptual design including community outreach services ("Phase 2 Services") and provide all services necessary to prepare schematic designs, design development and construction documents, and provide engineering support services during bid and award, construction, and post­ construction phases of the project ("Phase 3 Services").

1.3. The City reserves the right to add, delete, or change the order of the tasks based on information received from Consultant during the course of the Project. Any changes to the scope will be approved through the change order process described in Section 24 of the main body of this Agreement.

2. PROJECT SCHEDULE

2.1. Attached as Appendix A 1 is the Draft Project Schedule. The Parties shall agree on the Approved Project Schedule as set forth in Section 4.3.

2.2. Consultant shall monitor and update the Approved Project Schedule throughout the course of the Project. The Approved Project Schedule shall show significant milestones for the Project. Consultant shall notify City if there are delays or potential delays in any phase of the Project. In such event, Consultant shall make up the schedule in subsequent phases of the Project or provide information to City substantiating a request for time extension (which may not be approved by the City). The Approved Project Schedule shall be maintained at all times and shall be updated each time progress and milestones are achieved and/or changed.

2.3. Changes to the Approved Project Schedule shall be at no additional cost, unless there are changes or additions to this Scope of Services. Any changes Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D to the Approved Project Schedule must be mutually agreed to and incorporated into a revised Approved Project Schedule.

3. KEY PERSONNEL/PROJECT MANAGEMENT

3.1. The following individuals are designated as Key Personnel as of the Effective Date of this Agreement.

Name Title
Arash lzadi Principal in Charge
John Courtney Project Director
Steve Kev Senior Project ManaQer
Helen Pierce Design Director
Casey Chapin Project Designer
Name of Subconsultants Role
HL Construction Management Cost estimating
SGH lnvestiQation Consultant
Aquatics Design Group Aquatics

3.2. Any replacement of Key Personnel whether requested by the City or Consultant is subject to the City's final approval.

3.3. The Project Director shall be the primary person communicating with the City and keeping City fully apprised on the status and progress of the Project. The Project Director shall also be responsible for project schedule updates; creation and preparation of progress reports and meeting minutes; adherence to project scheduling; and general project coordination.

3.4. The Project Director shall submit progress reports to the City on the project status no less than once per week. Reports shall include a summary of activities undertaken, progress achieved compared to plan, percent of overall work completed, and any other information deemed important.

3.5. Consultant shall respond within two (2) business days or sooner as agreed upon between both parties for project-related activities.

4. TASK 1: PROJECT KICKOFF
Consultant shall conduct an onsite kick-off meeting to establish the following detailed requirements for the Project.

4.1. Review project process, schedule, goals, sustainability, budget, and milestones.

4.2. Review the investigation objectives and confirm the project understanding.

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7OD9E0D2D

4.3. Update the Draft Project Schedule with the information received during the kick-off meeting. Upon the City's approval, the schedule shall be designated as the Approved Project Schedule.

5. TASK 2: REVIEW OF CITY-SUPPLIED DATA
Consultant shall review existing project information including existing surveys, program information, record drawings, entitlements data, and other available information provided by the City.

6. TASK 3: INITIAL SITE VISIT, INTERVIEW OF KEY FACILITY PERSONNEL, AND HIGH­

LEVEL VISUAL SURVEY
Consultant shall:

6.1. Conduct a site visit with its project team leadership to walk the facility with the City's facility engineer, pool operator, and facility maintenance personnel.

6.2. Familiarize itself with the facility, learn more about the use, repair and maintenance history, and identify areas for further exploration (non­ destructive testing and material sampling), which will require City review, approval and budget allocation.

6.3. Interview building engineer, pool operator and key maintenance personnel in a single meeting, concurrent with the Initial Site Visit.

6.4. Perform a high-level visual survey of the Facility. This will focus on:

6.4.1. Performing visual review of all primary pool features including: a) Pool Deck based on non-destructive examination, review areas of visible distress (cracks/spalls) and areas of little to no distress (control) to confirm visual assessments; b) an Aquatic Review to document existing conditions including Code violations, safety concerns, maintenance concerns, equipment conditions, mechanical and pool equipment; and c) Structural Review of structural components (including pool walls) such as grand stand canopy, building, dive tower, for compliance with current Code and potential structural life safety requirements).

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7OD9E0D2D

7. TASK 4: INVESTIGATION AND FACILITY REVIEW PLAN REVIEW MEETING Consultant shall:

7.1. Prepare and submit to the City a Draft Investigation Plan based on industry standard Facility Condition Assessment (FCA) approach. The document shall include but not limited to:

7.1.1. Coverpage

7.1.2. List of Investigation Team Members

7.1.3. Investigation Approach
7 .1.4. List of buildings, concrete, and pool systems to be assessed 7 .1.4.1. Summary of relevant information from the kickoff meeting.

7.1.4.2. Summary of relevant information provided by the City. 7 .1.4.3. Summary of findings from initial site walk and visual survey.

7.2. Meet with City Project Staff (virtual) to review the Draft Investigation Plan.

8. TASK 5: INVESTIGATION AND FACILITY REVIEW DOCUMENT UPDATE Consultant shall incorporate reasonable City comments and responses and resubmit the Draft Investigation Plan to the City for review and approval. Should the Consultant's resubmittal not incorporate the appropriate comments or otherwise fail to meet the requirements outlined within this Scope of Services and representative of the investigation and agreed upon by Consultant, this cycle shall continue until the Consultant produces an acceptable submittal that is approved by the City in writing.

The City will be responsible for providing one (1) comprehensive set of reasonable and applicable comments in a timely manner for Consultant review and inclusion, where applicable.

9. TASK 6: FIELD INVESTIGATION AND KEY MATERIALS AND SYSTEMS

9.1. Concrete Pool Deck. To the level feasible and available through non­ destructive examination, view areas of visible distress (cracks and spalling) and areas of little to no visible distress (control) to confirm visual assessments.

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1F3D0202-9008-46E8-AACB-1DA7DD9E0D2D

9.2. Aquatic Review. Consultant shall document existing visible conditions, including:

9.2.1. Code violations

9.2.2. Safety concerns

9.2.3. Maintenance concerns

9.2.4. Equipment conditions

9.2.5. Mechanical and pool equipment

9.3. GPR X-Ray of pool walls. Utilizing ground penetrating radar (GPR), x-ray the pool walls to locate the existing rebar and reinforcement in the pool walls.

9.4. Structural review. Consultant shall review structural components (including the pool walls as indicated in 9.3) including the shade structure, dive tower, mechanical room and buildings for compliance with current code and potential structural life safety requirements based on available as-builts.

10. TASK 7: DRAFT ADMINISTRATIVE REPORT
Consultant shall develop and submit a Draft Administrative Report for the City's review.

Consultant understands that the report must sufficiently address concerns of the City.

The draft report shall be develop based on industry standard Facility Condition Assessment (FCA), and shall include but not limited to:

10.1. Cover page

10.2. List of investigating team members

10.3. Investigative approach

10.4. A comprehensive list of buildings, roofing, water proofing, concrete, pool, deck, mechanical/plumbing/electrical systems estimated life cycle, and other primary pool features.

10.5. Rough Order of Magnitude Construction Cost.

10.6. Conditions, hazards, recommendations, etc.

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1 F3O0202-9008-46E8-AACB-1 DA7DD9E0D2D

11. TASK 8: DRAFT ADMINISTRATIVE REPORT REVIEW MEETING
In a "hybrid" (both in-person and virtual depending on the project team members), Consultant shall present and review the Draft Administrative Report with the City.

12. TASK 9: REPORT UPDATE
Based on City input and review of the Draft Administrative Report, Consultant shall incorporate reasonable City comments and responses and resubmit the Draft Administrative Report to the City for review and approval. Should the Consultant's resubmittal not incorporate the appropriate comments or otherwise fail to meet the requirements outlined within this Scope of Services and representative of the investigation and testing performed and agreed upon by Consultant, this this cycle shall continue until the Consultant produces an acceptable Final Administrative Report that is approved by the City in writing. The City will be responsible for providing one (1) comprehensive set of reasonable and applicable comments in a timely manner for Consultant review and inclusion, where applicable.

13. TASK 10: PUBLIC PRESENTATIONS
Consultant shall prepare for and attend up to two (2) public presentations to share and identify the findings, conclusions, and recommendations found within the Final Administrative Report. The public presentations may include:

13.1. City Manager's Office, Public Works Department, Parks & Recreation Department

13.2. City Council

14. SUMMARY OF MEETINGS
Services consisting of meeting attendance and presentations by Consultant as follows:

14.1. One (1)- Kickoff Meeting

14.2. One (1)- Initial Site Visit & Interviews (concurrent with Project Kick Off)

14.3. One (1) - Facility Assessment (in person/on site)

14.4. One (1) - Administrative Draft Review (virtual)

14.5. One (1) - Final Document Review (virtual)

14.6. Up to two (2) - Public Presentations (in person)
Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1 F3O0202-9008-46E8-AACB-1 DA7DD9E0D2D

15. SUMMARY OF DELIVERABLES

15.1. Investigation Plan

15.2. Draft Administrative Report

15.3. Final Report

15.4. Schedule

15.5. Meeting Minutes

15.6. Public Presentations (Up to 2)

16. SUPPLEMENTAL SERVICES
Consultant may provide the following supplemental services at the request of the City:

16.1. Utility Locating. The services include:

16.1.1. Find locatable utilities using the following methods to quality level (QL) B per ASCE 38-02:

16.1.1.1. Electromagnetic Locator (Locator)

16.1.1.2. Ground Penetrating Radar (GPR)

16.1.1.3. Locatable Duct Rodder (Ram Rod)

16.1.1.4. Mainline Crawler (Crawler)

16.1.1.5. CCTV Push Camera

16.1.2. Physically mark identified utilities on site for identification and placement on the topographical survey.

16.1.3. Perform closed-circuit television (CCTV) camera of the available sewer and storm drain lines. Not all utilities and lines can be inspected using CCTV cameras due to size criteria and ability for the camera to move within the line.

16.1.4. Locating Report.

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1 F3O0202-9008-46E8-AACB-1 DA7DD9E0D2D

16.1.5. CCTV Report.

16.1.6. Due to the materials, depth of utilities, soils, cover and other factors, not all utilities are locatable and can be identified. The utility locating service will be provided to Quality Level B which involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of identifiable utilities within the limits of the immediate aquatic facility.

16.2. Topographic Ground Survey. The services include:

16.2.1. Improvements within limit of work.

16.2.2. Locate all building corners, finish floor elevation (FFE) and door thresholds, recesses, and areas under canopies (where applicable).

16.2.3. Locate all existing site walls, fences, and gates, including top of wall and finish grade elevation.

16.2.4. Locate ramps, stairs, and railings. Show top of ramp and bottom of ramp elevations. Show landing areas.

16.2.5. Locate all existing drains, catch basins, etc. and finish grade at each.

16.2.6. If a catch basin or manhole is in the ground survey area, survey the size, invert elevation along with pipe sizes coming in and out.

16.2.7. Locate all vaults, electrical, telecom, etc.

16.2.8. Survey all top of curb, finish surface, finish grade, and flowline elevations.

16.2.9. Locate all utilities (aboveground appurtenances) within detailed survey areas.

16.2.10. Record utility location from the Utility Forensic markings on the survey file.

16.3. Pool Structure Leak Detection: This service includes performing leak detection for the actual pool structure.

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7OD9E0D2D

16.4. Special Studies: Special Studies services include investigation, research, and analysis of the City's special requirements for the Project and documentation of findings, conclusions and recommendations for Master Planning to provide design services relative to future facilities, systems and equipment which are not intended to be constructed as part of the Project during the construction phase.

16.5. Renderings: Renderings services relating to providing graphic pictorial representations include:

16.5.1. Elevation view(s) in color

16.5.2. Perspective view(s) in color

16.5.3. Plan view(s) in color

16.5.4. Photo realistic images

16.5.5. Video Fly-Thru's

16.5.6. Still Image Fly-Thru's

17. PROJECT ASSUMPTIONS

17.1. Assessment Limitations: Due to the inherent limitations of facility condition assessment services, the age of the facility and the limited scope, the, assessment and studies may not identify all items, concerns, issues or life safety items. Consultant shall document any unidentifiable items to enable the City to understand and weigh the risks associated with the Project. They are preliminary and intended to assist the City in an overall evaluation of the facility and whether additional forensic investigation is needed and/or if the facility should be closed. The City may use the information to determine if it should proceed to Phase 2 and explore facility renovation or replacement.

Due to the current volatility of the construction industry and cost escalation, any cost-related work is preliminary and is not intended to be a prediction of actual bid amounts.

17.2. Project Size: Scope of services is limited to the International Swim Center pool facility only. Review, analysis, design, and coordination of any kind for areas outside the direct limits of the pool area is excluded. Exclusions include Central Park, areas outside the pool fence, city streets, or any other area.

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1F3O0202-9008-46E8-AACB-1DA7DD9E0D2D

17.3. Record Drawings: Information is to be provided by the City.

17.4. Meetings: Where the maximum number of meetings to be included in Consultant's services is specified herein, Consultant agrees to attend, and participate in, as many meetings as specified as part of the base scope of services. Meetings in excess of those specified will be billed at additional cost.

17.5. Consultation and Coordination: All consultations and coordination not associated with specific meetings shall be conducted at the sole discretion of the Consultant, and only as necessary for the Consultant to complete the professional services of this Agreement.

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Enve lope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D APPENDIX A1 TO EXHIBIT A

DRAFT PROJECT SCHEDULE
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DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1DA7OD9E0D2D EXHIBIT 8

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION
The total maximum compensation the City will pay the Consultant under this Agreement shall not exceed Two Hundred Thirty-Eight Thousand Nine Hundred Twenty Dollars ($238,920) during the term of the Agreement. Any additional fees, costs and expenses requested by the City that would exceed the preceding maximum amount will need to be addressed through an amendment to the Agreement that is subject to City Council approval and budget allocation.

2. FEE SCHEDULE
Consultant's compensation for Phase 1 Services, as described in Exhibit A, shall be a fixed fee of $223,920. This fixed fee includes all labor, materials, equipment, overhead, general administrative costs, and profit. Consultant shall invoice the City for the percentage of services completed during the previous month.

3. ADDITIONAL SERVICES
Services that are not part of Phase 1 Services, as described in Exhibit A, shall be at additional cost. The City has a set aside the amount of $15,000 for additional services.

Consultant shall provide a written quote to the City, which may be based on a fixed fee as listed in Table B1, or as listed in Table B2 on time and materials basis.

Cost of services and expenses charged to Consultant by outside consultants and professional or technical firms shall be at actual cost plus 10%. Reimbursable expenses will be billed at actual cost plus 10%.

Table 81: Additional Services
Description Amount
Utility Locatinq $108,013
Topographic Survey $76,368
Pool Structure Leak Detection $12,157
Table 82: Hourly Rates
Classification Reaular Hourlv Rate*
Princioal
Director
Discipline Director
Project Director
Project Leader
Manager
Design Professional Agreement with LPA, lnc./Exhibit B-Schedule of Fees Rev. 09-28-18
$285.00
$240.00
$260.00
$250.00
$200.00
$165.00

DocuSign Envelope ID: 1 F3O0202-9008-46E8-AACB-1 DA7DD9E0D2D Classification Retiular Hourly Rate*
DesiQn Coordinator II $170.00
Design Coordinator I $145.00
Designer Ill $135.00
Designer II $120.00
DesiQner I $110.00
Senior Specialist $140.00
Specialist Ill $110.00
Specialist II $95.00
Specialist I $85.00
Intern $75.00
*The hourly rates are subject to change annually, subject to the City's approval.

4. PAYMENT SCHEDULE
City will pay Consultant within thirty (30) days of City's receipt of an approved invoice.

Design Professional Agreement with LPA, lnc./Exhibit B-Schedule of Fees Rev. 09-28-18

DocuSign Envelope ID: 1 F3O0202-9008-46E8-AACB-1 DA7DD9E0D2D

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor's insurance. The minimum coverages, provisions and endorsements are as follows:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury

2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at Design Professional Agreement with LPA, lnc./Exhibit C-lnsurance Requirements Rev. 09-28-18

DocuSign Envelope ID: 1F3D0202-9008-46E8-AACB-1DA7DD9E0D2D least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of one million dollars ($1,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.

C. WORKERS' COMPENSATION

1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.

E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

Design Professional Agreement with LPA, lnc./Exhibit C-lnsurance Requirements Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other ' insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.

3. Cancellation.

4. a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non­ renewal.

Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.

F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to Design Professional Agreement with LPA, lnc./Exhibit C-lnsurance Requirements Rev. 09-28-18

DocuSign Envelope ID: 1 F3O0202-9008-46E8-AACB-1 DA7DD9E0D2D limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.

H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.

Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be e-mailed to [email protected]:

Or by mail to:

EBIX Inc.

City of Santa Clara - Parks and Recreation Department
P.O. Box 100085 - S2
Design Professional Agreement with LPA, lnc./Exhibit C-lnsurance Requirements Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

Design Professional Agreement with LPA, lnc./Exhibit C-lnsurance Requirements Rev. 09-28-18

DocuSign Envelope ID: 1 F3O0202-9008-46E8-AACB-1 DA7DD9E0D2O

EXHIBIT D

LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.

A. Prevailing Wage Requirements
1 . Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk's office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.

Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified Design Professional Agreement with LPA, lnc./Exhibit D-Labor Compliance Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered "public works contractor" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works contractor". Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney's fee relating to such fine.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Design Professional Agreement with LPA, lnc./Exhibit D-Labor Compliance Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor's address indicated for receipt of notices in this Agreement.

C. Enforcement

1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.

City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.

These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

Design Professional Agreement with LPA, lnc./Exhibit O-Labor Compliance Rev. 09-28-18

DocuSign Envelope ID: DD9887BE-D91C-4872-A043-D6F53708FE15 Ebix Insurance No. S200003297
AMENDMENT NO. 1

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
LPA, INC.

FOR THE INTERNATIONAL SWIM CENTER FACILITY ASSESSMENT

PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and LPA, Inc., a California corporation, (Contractor or Consultant). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A The Parties previously entered into an agreement entitled "Agreement for Services Between the City of Santa Clara, California, and LPA, Inc. for the International Swim Center Facility Assessment", dated August 10, 2023 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having Contractor provide professional services for a facility assessment of the international swim center, and the Parties now wish to amend the Agreement to have consultant provide additional services to assist the City in reviewing options for both temporary use and permanent reconstruction for consideration as specified in proposal dated February 27, 2024 and Professional Services Authorization dated March 6, 2024, and increase compensation by $10,000 for a revised not-to­ exceed maximum compensation of $248,920, subject to the appropriation of funds.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 6 of the Agreement, entitled "COMPENSATION AND PAYMENT" is amended to read as follows:

In consideration for Contractor' s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Revised Exhibit B, entitled" SCHEDULE OF FEES." The maximum compensation of this Agreement is set forth in Section 1 of Revised Exhibit B, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and Amendment No. 1 to Agreement/LPA, Inc.

Rev. 10/25/19

DocuSign Envelope ID: DD9887BE-D91C -4872-A043-D6F53708FE15 equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance .

2. Exhibit B of the Agreement , entitled "SCHEDULE OF FEES", is hereby amendment to read as shown in Revised Exhibit B, attached and incorporated into this Amendment No. 1.

3. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:

Yt ~ t/
Dated: '-f /-i,~ /zi --- ~-----------
GLEN R. GOGGINS
City Attorney
~ ~
"CITY"
LPA, INC.

City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone : (408) 615-2210
Fax: (408) 241-6771
a California corporation/partnership/individual
Dat~·Afo~ut~n-~~y; 2024
By (Signatur )~~IA,_M,i~·=[s~------------
Na . 00~~PT2Mffts-
Title: Chief Operating Officer
Principal Place of 60 South Market Street, Suite 1250
Business Address: Sam Jose, CA 95113
Email Address : [email protected]
Telephone: (408) 780-7203
Fax: (949) 260-1190
"CONTRACTOR"
Amendment No. 1 to Agreement/LPA, Inc.

Rev. 10/25/2019

DocuSign Envelope ID: DD9887BE-D91C-4872-A043-D6F53708FE15

REVISED EXHIBIT B

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION
The total maximum compensation the City will pay the Consultant under this Agreement shall not exceed Two Hundred Forty-Eight Thousand Nine Hundred Twenty Dollars ($248,920) during the term of the Agreement. Any additional fees, costs and expenses requested by the City that would exceed the preceding maximum amount will need to be addressed through an amendment to the Agreement.

2. FEE SCHEDULE
Consultant's compensation for Phase 1 Services, as described in Exhibit A, shall be a fixed fee of $223,920. This fixed fee includes all labor, materials, equipment, overhead, general administrative costs, and profit. Consultant shall invoice the City for the percentage of services completed during the previous month.

3. ADDITIONAL SERVICES
Services that are not part of Phase 1 Services, as described in Exhibit A, shall be at additional cost. The City has a set aside the amount of $25,000 for additional services.

Consultant shall provide a written quote to the City, which may be based on a fixed fee as listed in Table B1, or as listed in Table B2 on time and material basis.

Cost of services and expenses charged to Consultant by outside consultants and professional or technical firms shall be at actual cost plus 10%. Reimbursable expenses will be billed at actual cost plus 10%
Table 81: Additional Services
Description Amount
Utility Locatinq $108,013
Topoqraphic Survey $76,368
Pool Structure Leak Detection $12,157
Table 82: Hourly Rates
Classification Regular Hourly Rate*
Principal $285.00
Director $240.00
Discipline Director $260.00
Project Director $250.00
Project Leader $200.00
Manaqer $165.00
Amendment No. 1 to Agreement/LPA, lnc./Revised Exhibit B - Schedule of Fees Rev. 10/25/19

OocuSign Envelope ID: DO9887BE-D91C-4872-A043-O6F53708FE15 Classification Regular Hourly Rate*
Design Coordinator II $170.00
Design Coordinator I $145.00
Designer Ill $135.00
Designer II $120.00
Designer I $110.00
Senior Specialist $140.00
Specialist 111 $110.00
Specialist II $95.00
Specialist I $85.00
Intern $75.00
*The hourly rates are subject to change annually, subject to the City's approval.

4. PAYMENT SCHEDULE
City will pay Consultant within thirty (30) days of City's receipt of an approved invoice.

Amendment No. 1 to AgreemenULPA, lnc./Revised Exhibit B - Schedule of Fees Rev. 10/25/2019
Page2

CITY OF SANTA CLARA
GEORGE F. HAINES INTERNATIONAL SWIM CENTER

VISUAL OBSERVATION ASSESSMENTS REPORT
01/24/2024
LPA Job No. 31047,\
AQUATIC. SGI :

DIS I ON 011ou,

PRE PARED FOR

CI TY OF SANTA CLARA

PRE PARED BY
LPA, Inc.
& Aquatic Design Group, Inc.
& Simpson Gumpertz & Heger

01/24/2024
LPA Job No. 31047

CITY OF SANTA CLARA
GEORGE F. HAINES INTERNATIONAL SWIM CENTER

VISUAL OBSERVATION ASSESSMENTS REPORT

CONSULTING TEAM
LPA Inc.

Arash Izadi, Principal & Director of Sport + Recreation, LPA, Inc.

John Courtney, Managing Director, LPA, Inc.

Steve Key, Associate & Managing Director, LPA Inc.

Daniel Wang, Associate & Director of Structural Engineering, LPA Inc.

Aquatic Design Group, Inc.

Dennis Berkshire, Principal, Aquatic Design Group, Inc.

Simpson Gumpertz & Heger
Judson Taylor, Senior Principal, Simpson Gumpertz & Heger Christine Diosdado, Associate Principal, Simpson Gumpertz & Heger Jesse Sipes, Project Manager, Simpson Gumpertz & Heger
Alan Humphreys, Senior Technical Manager, Simpson Gumpertz & Heger

YOUR TEAM
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 3 ,\ -S--~ AQUATIC 11B

1.0 EXECUTIVE SUMMARY

2.0 METHODOLOGY OF ASSESSMENT

3.0 ASSESSMENT FINDINGS

3.1 Aquatic Design Group, Inc. (ADG)

3.1 .1 Bui lding A - Main Building/ Locker Room

3.1 .2 Div er Tower and Viewing Windows

3.1 .3 Poo l Systems and Deck

3.2 LPA, Inc.

3.2 .1 Str uctural

3.2 .1.1 Bui lding A - Main Building/Locker Room

3.2 .1.2 Div er Tower and Viewing Windows

3.2 .1.3 Large Canopy over Bleachers and Building D Tower

3.2 .1.4 Bui lding B and C - Restroom and Concessions

3.2 .1.5 Bui lding E,F, and G

3.2 .2 Ar chitectural

3.2 .2.1 Fac ility and Site Egress Review

3.2 .2.2 Plu mbing Code Review

3.3 Simpson Gumpertz & Heger (SGH)

3.3 .1 Bui lding A - Main Building/Locker Room

3.3 .2 Div er Tower and Viewing Windows

3.3 .3 Poo l Deck

3.3 .4 Large Canopy over Bleachers and Building D Tower

APPENDIX
A Testing and Photos

TABLE OF CONTENTS

PAGE CHAPTER
6 12
14 15
42 47
53 82
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 4 □
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1.0 EXECUTIVE SUMMARY
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Santa Clara International Swim Center
Executive Summary
In the Summer of 2023, the City of Santa Clara
initiated a competitive RFP process to determine
the most qualified consultant team to assess the
facilities and structural properties at the Santa
Clara George F. Haines International Swim Center
(ISC). The City interviewed several firms and
concluded that the LPA Team, consisting of LPA,
Inc., Aquatic Design Group, Inc., and SGH were
most qualified to provide a focused assessment of
the facility.

This Executive Summary provides the reader with
a condensed description of the findings of the
assessment. The assessment was limited in nature
and included review of the existing pool, pool
systems, pool deck, dive tower, existing support
buildings, and existing bleachers. No members
of the LPA team are risk management experts
and therefore this assessment is to provide the
City with information on the existing facility only
for their use and determination of facility use. We
reviewed code compliance for structural, fire life
safety egress analysis, plumbing code, and pool
specific requirements by the Health Department
or Building Code. Some nondestructive testing
was provided for select structural steel elements
within the facility. All observations around
accessibility compliance were excluded from this
assessment.

Although not part of our base services to advise
the City on whether to continue use or close the
ISC facility; based on our professional opinion
and visual observations, our recommendation
would be that the City should close the facility
immediately until major repairs or replacement
on all life safety and structural concerns noted in
this report are complete.

The ISC facility was constructed in 1967 to provide
competitive swimmers and divers in the Santa
Clara Valley with a complete venue for training,
practicing, and competing in water sports events.

The existing facility has a 50-meter x 25-yard
competition pool, a 6-lane x 25 yard instructional
pool and a diving pool with a diving tower that
accommodates five springboards and a 10-meter
diving tower. The facility has provided continuous
operations for 57 years. Even with maintenance,
in general, most outdoor swimming centers in
California require a major overhaul or full
replacement at about 45 to 50 years, even in
consideration of refurbishment or improvements
made throughout its life span.

Visual investigations of the existing facility were
initiated in late September 2023. Many elements
within the facility are beyond their usable life or in
a condition that does not allow use as originally
designed.

Below is a summary of the major deficiencies
observed:

1. Building A Main Building/Lock er Room
a. A show er addition was previously
condemned b y the city and should
be remo ved and replaced.
b. Roofs ar e beyond usable life
expectancy.
c. The building is structurally
unsound due to the lar ge
cler estory windows which prevent
adequat e lateral structural
support throughout. These
window s need to be removed and
infilled to tr ansfer shear loads.
d. Roofs/Ext erior Cladding/Windows
and siding all at end of lif e needing
replaced.
e. Building supporting walls and
columns ar e structurally
unsound and hav e significant
corr osion of metal components,
requiring significant r epairs and/
or replacement.
f. Some elements installed ar e not
part of any appr oved plans and do
not appear to ha ve been formally
pe rmitted, such as the tower to the
south of the exis ting building on
the roof.

2. Egress Review
a. Emergenc y egress from the
exis ting buildings and pool
spectat or stands and deck do
not meet California Building
Code r equirements for the size,
quantity, and har dware required
for c ompliant exits.
b. All exis ting gates that could be
used for e xiting are chained closed

1.0 EXECUTIVE SUMMARY

EXECUTIVE SUMMARY
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 6 GEORGE F. HAINES INTERNATIONAL SWIM CENTER,

VIEWED FROM THE DIVE BLOCK

1.0 EXECUTIVE SUMMARY
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 7 1.0 EXECUTIVE SUMMARY
at all times, ac cording to ISC
facility staff.
c. No ev ent should be held at this
facility until such time
that e xtensive corrections
to egr ess for both the fencing and
building are c ompleted or facility
replacement occurs.

3. Diver T ower and Viewing Windows
a. Diving To wer platform showing
cracking and the c ondition after
years of w ater intrusion, weather,
and pool wa ter is unknown.
b. Vibr ations observed likely do not
meet competition r equirements.
c. Platf orms not at current standards
for c ompetitive diving.
d. The r ailing of the dive tower are
corr oded at their base affecting
the structur al integrity.
e. Thr ough interviews and
observa tions, there is evidence of
conduits br eaking within the pool
and possible settlement of the
main structure.
f. The main access stairs for users
are c orroded beyond use and are
curr ently in an unsafe condition
for users.
g. Based on our prof essional opinion
after our field observ ations the
City should st op using the
dive t ower until such time major
repairs or r eplacement are
complete.

4. Pools Systems and Deck
a. The pool mechanical and lighting
sy stems have a variety of code
violations and e xcessive wear,
requiring significant c ost to
upgrade t o meet the building code;
for e xample, the 50-meter pool
and the training pool ar e
on the same pump and filter
sy stem as well as both the pool
deck and shell plast er are
delaminating and cr acking and
both need to be r eplaced.
b. The pool deck is sho wing signs
of deterior ation and distress in
various loca tions, demonstrating
that the deck is a t or beyond its
life expectancy.
c. Currently the C ompetition Pool
and Warm up pool ar e filtered
together which is no longer
allow ed by code.
d. Depth of main pool is shallow and
exis ting starting blocks are not
compliant f or use at a shallow
depths.
e. The diving pool mechanical system
does not meet the code r equired
for 6-hour turno ver rate.
f. The viewing area under the deck
at the div e pool and the deck
abov e are showing signs of
structur al instability and
significant deterior ation. The City
should close this portion of deck
and viewing ar ea immediately.

5. Large Canop y over Bleachers and Building
D Tower
a. Roof supporting s tructure may
be salvageable with r e-coating and
upgrades t o strengthening of the
columns.
b. Roof dr ains have eroded the
founda tion over time of the
columns and t owers.
c. To wer and supporting stairs for
acc ess to roof needs replacement.
d. Bleachers show signs of
settlement and separa tion.
e. Ther e was limited if any compliant
acc essible seating throughout the
facility.

6. Building B and C – Res troom and
Concessions
a. The e xisting restroom and
conc essions are lacking
the appropria te quantity of
fixtures ac cording to California
Building Code . Additionally, the
res trooms do not comply with
curr ent accessibility requirements.

7. Building E, F and G
a. Building E, F and G wer e being
used either as training r ooms
or maintenanc e storage rooms.

The support bearing w all appears
to be masonry and in good
condition. The roofs at these
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 8 1.0 EXECUTIVE SUMMARY
END OF EXECUTIVE SUMMARY.
facilities ar e near their useful life
and in some cases evidenc e of
leaks w ere observed.
b. These buildings are directly
beneath the main canop y cover
and portions of the gutters
are c orroded to a point of falling
on occupants and/or structures
below.

The reader is encouraged to review the complete
report for additional information, photographs
of current conditions and diagrams for potential
considerations.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 9 BLEACHERSVIEW

WINDOWS
DIVE
TOWER
BLDG B.

RESTROOMS

CONCESSIONS
BLDG D.

CANOPY
TOWER
BLDG F.

MAINT.

STORAGE
BLDG G.

PARK
MAINT.

STORAGE BLDG C.

RESTROOMS

CONCESSIONS
BLDG A.

MAIN ENTRY
BLDG E.

TRAINING

ROOM AND

STORAGE

COMPETITION
POOL

WARM UP
POOL
DIVING
WELL
CANOPY

BLEACHERS

SITE MAP
10 2.0 METHODOLOGY OF

ASSESSMENT

ALAMO HEIGHTS HIGH SCHOOL NATATORIUM
11 2.0 METHODOLOGY OF ASSESSMENT

METHODOLOGY
City of Santa Clara
International Swim Center
2023 Assessment of Existing Conditions
A visual investigation of the International Swim
Center was performed in the third quarter of 2023
to determine the facility’s ongoing viability as a
training and competition venue. The consulting
team utilized minimally invasive non-destructive
testing and construction material sampling to
determine the condition of selected structures
and improvements. This approach was utilized
to determine the condition without causing
a disruption to the operation of the facility to
repair the areas tested during a more exhaustive
destructive testing method. The structural
forensics team utilized ground penetrating radar,
carbonation analysis, and isolation water testing
to determine granular loss, cracking, curling/
cupping, flaking, weathering and dry rot. The
team peeled back some discrete areas typically
prone to deterioration such as eaves, valleys,
and near rain gutters. Shingles and/or roofing
materials were lifted to see underlayment,
determine remaining roofing and underlaid
sheathing, potential corrosion of steel fasteners in
roofing and structural systems for buildings, stair
and supports. A narrow steel probe was used at
exposed beams and/or purlins to determine the
amount of organic degradation due to mildew,
mold and resulting dry rot conditions that affect
structural integrity and load bearing capacities.

Structural steel columns were carefully observed
and measured to determine the amount (in
millimeters) of degradation and reduction of the
structural steel thickness due to corrosion of
exposed steel. The degradation was observed to
be substantial, as the report indicates. Structural
observations of horizontal and vertical structural
members were provided to determine relative
anticipated shear strength in the vertical wall
sections. In the event of earthquakes and/or high
winds a structure’s shear strength determines its
ability to withstand the shaking forces presented
in a seismic or lateral force event. The building’s
clerestory sections at the top were determined to
lack sufficient shear strength, as provided in the
report.

The architectural team made detailed
observations for pool code related items such as
minimum standards for health and safety require-
ments such as the pool water turnover rate, flow
rate volume requirements, filtering requirements,
mechanical systems sizing and control
requirements and monitoring requirements. The
observations and concerns with code issues are
significant and are documented in detail within
the report.

The architectural team analyzed the occupancy
and safe dispersal requirements of the project
site, buildings, and bleacher areas, utilizing
the capacities of visitors the facility is capable
of hosting for tournament types of events.

The code requires the designers to calculate
based upon the maximum possible capacity of
patrons at a typical swim meet, competition, or
special event as provided within the Assembly
Occupation designation. Utilizing the calculations
provided in the building code, the facility
was found to be deficient in allowing the safe
dispersal of visitors exiting the facility in the
event of a safety concern, as is the common
requirement for designing facilities with an
Assembly Occupancy classification designation.

Significant reconfiguration of the fencing, gates,
concrete paving, lighting and ADA path of travel
improvements to and in the parking lot would be
needed to comply with the code requirements.

The detailed calculations are contained in the
report.

The report that follows provides detailed
documentation of the findings of the architectural
team utilizing best practices and methodologies
for assessing the condition of the existing
International Swim Center facility. The planning
for assessing the future of the facility is a
combination of risk assessment and construction
cost analysis. Utilizing the first metric, risk
assessment, the architectural team has identified
significant building code concerns and safety risks
that should be addressed immediately if the City
desires to continue allowing the public to utilize
the facility. For example, the dive tower should
be either permanently closed or reconstructed if
diving is still a priority program for the community.

The structural integrity of the tower is such that
repairing it would not rectify the issues. Another
example is the significant code-compliance
issues with the pool mechanical piping systems,
equipment, pool shell/plaster and pool deck that
should be addressed to maintain public safety
with the use of the facility. These issues need to
be addressed now to mitigate public safety risks.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 12 ,\ -S--~ AQUATIC 11B
GEORGE F. HAINES INTERNATIONAL SWIM CENTER,

VIEWED FROM THE SIDEWALK

2.0 METHODOLOGY OF ASSESSMENT
The third example is the structural integrity of
the upper clerestory portions of the building that
could fail in a seismic event. This item would
require the replacement or removal of the upper
sections of the building. There are other examples
of risks to public safety contained in the details of
the report.

To help address the second metric, construction
cost analysis, it may be helpful to utilize an
example that the State of California Division of
State Architect (DSA) uses in the assessment
of costs for state-owned public facilities. The
City of Santa Clara is not obligated to utilize
the State’s method of cost assessment, but the
methodology can be instructional for evaluating
the City’s 57-year-old swim center because of
the similarities the State faces with facilities of
identical age. DSA has a rule that states, in the
event modernization costs exceed 40 percent of
the full replacement value of a structure or facility,
the owner of the facility shall fully upgrade or
replace the structure to current code. Owners of
State financed public facilities must calculate
the full replacement cost at today’s construction
cost, and multiply by .40 to determine if the
rough estimate of modernization and renovation
required by the architect’s assessment of the
facility exceeds that figure. It is very likely that will all the deficiencies found in our assessment that
the cost to renovate this facility would far surpass
the threshold requiring a full code update and/or
replacement of the facility in its entirety.

END OF METHODOLOGY.
13 CAL POLY POMONA STUDENT RECREATION CENTER

3.0 ASSESSMENT FINDINGS
14 AQUATIC DESIGN GROUP,
INC.

3.0 ASSESSMENT FINDINGS

3.1 Aquatic Design Group, Inc. (ADG)

3.1 .1 Bui lding A - Main Building/ Locker Room

3.1 .2 Div er Tower and Viewing Windows

3.1 .3 Poo l Systems and Deck
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 15 ,\ -S--~ AQUATIC 11B

INTERNATIONAL SWIM CENTER

SWIMMING POOLS NEEDS ASSESSMENT
JANUARY 2024
16 DESIGN GROUP

SECTION PAGE
A. INTRODUCTION 3
B. CODES 4
C. SWIMMING POOLS DATA 5
D. PROGRAMMING 7
E. CODE ITEMS 8
F. MAINTENANCE ITEMS 19 G. PROFORMA BUDGETS 23 H. SUMMARY 26

2 International Swim Center Swimming Pools Needs Assessment Table of Contents
ADG
2 17
Ct) ,,
3 International Swim Center Swimming Pools Needs Assessment A. INTRODUCTION
Aquatic Design Group (ADG) visited the International
Swim Center in Santa Clara, California on September 27, 2023 to perform an assessment of the swimming pools,
as well as their systems and equipment. The systems
were in operation during ADG’s site visit. The facility has the following outdoor bodies of water:
• A 50-meter x 25-yard competition pool
• A 6-lane x 25-yard instructional pool
• A diving pool with a 10-meter tower and fi ve (5)
springboard diving boards
The following report includes a summary of the existing conditions, code violations, defi ciencies and proposed improvements for rehabilitation of the International
Swim Center and related equipment. The scope of
this report includes the swimming pools, dive tower
and mechanical equipment. It excludes the structural
integrity of the swimming pool shells, appurtenances,
and accessibility in the path of travel to the swimming pool area and within the adjacent buildings. Note
this also excludes evaluation of the building, building systems and building structural. It is possible that a
facility of this age could have underlying issues that
have gone unnoticed by staff and are not apparent to
a visual inspection. This report a/t_t empts to provide an accurate and realistic assessment of existing conditions.

Our observations are based upon the conditions we could observe, original drawings and information provided by
staff . This report should be read in full with no excerpts to be fully representative of the fi ndings and has been prepared exclusively for LPA, Inc. No liability is accepted for any use of or reliance on the report by third parties.

This report identifi es any violations of codes that were found. Some of these violations may currently be
operating on a grandfathered exemption, meaning
they complied with code when they were built but code
changes since make them not compliant with current
code. We therefore recommend that these issues
be reviewed on an individual basis to determine the
disposition and possible remedies for each
violation.

In addition to the code violations being of concern to
the County Environmental Health Services Department,
they may be of concern to the City from a risk mitigation perspective.

Not included in this report, but an important area to be reviewed, is the requirement for the entire facility to meet the American Disabilities Act (ADA). This includes access to the facility and restrooms, in addition to the swimming pools and deck. To comply, every swimming pool must
have a primary means of access into the water.

This can include a wheelchair ramp or an accessible li/f_t .

The scope of this report is for the swimming pools and
deck. Therefore, access from the street or parking areas to the International Swim Center and the adjacent buildings are not covered herein.

The estimated opinion of probable costs identifi ed in the itemized sections of “E” thru “F” of this report includes materials and labor for the repair, but does not include architectural or engineering design costs or complete
project so/f_t costs that may occur. Structural analysis of the pool structures, pool mechanical spaces, or other
spaces will require destructive testing which is not
included in the scope of this report.

ADG
3 18
4 International Swim Center Pools Needs Assessment
B. CODES
Image 1: International Swim Center
For the purpose of this report the facility’s compliance with current codes and standards will be examined. The current codes and standards that may apply are:
• Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) • Americans with Disabilities Act (ADA)
• California Plumbing Code (CPC), 2022 Edition
• California Building Code (CBC), Chapter 31B, 2022 Edition • California Mechanical Code (CMC), 2022 Edition
• California Fire Code (CFC), 2022 Edition
• International Swimming Pool and Spa Code (ISPSC) Standards, 2021 Edition • Model Aquatic Health Code (MAHC), 2023 Edition
• Pool and Hot Tub Alliance Standards (PHTA)
• Federal Virginia Graeme Baker Pool and Spa Safety Act (VGBA) • California AB1020 (AB1020)
• Occupational Safety and Health Administration (OSHA)
• National Federation of State High School Associations (CIF) • USA Swimming
• USA Water Polo
ADG
4 19
5 International Swim Center Swimming Pools Needs Assessment C. SWIMMING POOLS DATA
• Design Turnover Rate: 8-hours
Mechanical (Comingled) and Chemical Systems:
(Observed During Site Visit)
• Diatomaceous Earth (D.E.) Filter Tank (x1) with Slurry • Designed Total Filter Surface Area: 760 FT2
• Actual Total Filter Surface Area: 659 FT2
• Designed Filter Media Rate: 1.84 GPM / FT 2 at
1,400 GPM
• Actual Filter Media Rate: 2.12 GPM / FT2 at 1,400
GPM
• Recirculation Pump
• Make: Unknown
• Model: Unknown
• Horsepower: 30
• Recirculation Motor
• Make: Unknown
• Model: Unknown
• Horsepower: 30
• Heating System
• Make: RBI
• Model: CP4000
• BTU Maximum Output: Unknown
• Maximum Thermal Effi ciency: Unknown
• • Chemical Control MonitorChemical Control Monitor
• • Make: BecSys Make: BecSys
• • Model: System 3 Model: System 3
• Sanitation
• Liquid Chlorine (Sodium Hypochlorite) bulk tanks
• 500 gallon capacity (x2) plus one (1) for Diving Pool • Stenner 85M5 and 45M4 chemical metering
pumps: 120 total gallons per day feed rate capacity
• pH Control
• Liquid Acid (Hydrochloric Acid)
• No access to room during site visit
• 50-Meter Pool Suction Pipe Size and Flow Velocity
• Suction Pipe Size:
10-inch schedule 8010-inch schedule 80
• Suction Flow Velocity: 9.07 Feet Per Second (FPS)
• 50-Meter Pool Return Pipe Size and Flow Velocity
• Return Pipe Size: 6-inch schedule 806-inch schedule 80 • Return Flow Velocity: 7.39 FPS
• Instructional Pool Suction Pipe Size and Flow Velocity • Suction Pipe Size: 6-inch schedule 80
• Suction Flow Velocity: 5.58 FPS
• Instructional Pool Return Pipe Size and Flow Velocity • Return Pipe Size: 4-inch schedule 80
• Return Flow Velocity: 5.58 FPS
The International Swim Center was built in 1967. The data compiled in this section of the report is based upon
information from 1966 original drawings and staff , as well as images taken by ADG and observations made during
the site visit.
50-Meter x 75-Yard Competition Pool:
• Dimensions: 164’-1
1/2" long x 75’-1" wide (per drawings)
• Perimeter: 478 linear feet (per drawings)
• Surface Area: 12,300 square feet (per drawings)
• Volume: 547, 116 gallons (per drawings)
• 25-Yard Lanes: Twenty (20), 7’-0” in width (observed
during site visit)
• 50-Meter Lanes: Nine (9), 8'-0" in width (per drawings) • Depths: 4’-6” to 6'-6" (per drawings)
• Finish: Plaster and tile (observed during site visit) • Underwater Lights: Thirty-two (32) (per drawings)

• Pool Main Drains: Two (2) 18" x 18" (observed during
site visit)
• Gu/t_t er: Perimeter gu/t_t er system (observed during site visit)
• Ingress and Egress: Six (6) sets of grabrails with
recessed steps (observed during site visit)
• Floor Inlets: Forty (40) (per drawings)
• Code Minimum Flow Rate: 1,520 Gallons Per Minute
(GPM) (Using 6-hour turnover)
• Code Minumum Turnover Rate: 6-hours
• Actual Flow Rate: Unknown (no fl ow meter)
• Actual Turnover Rate: Unknown (no fl ow meter)
• Design Flow Rate: 1,200 GPM (per installed valve)
• Design Turnover Rate: 8-hours
6-Lane x 25-Yard Instructional Pool:
• Dimensions: 75'-1" long x 42’-0" wide (per drawings)
• Perimeter: 234 linear feet (per drawings)
• Surface Area: 3,150 square feet (per drawings)
• Volume: 70,686 gallons (per drawings)
• 25-Yard Lanes: Six (6), 7’-0” in width (per drawings) • Depth: Constant 3’-0” (per drawings)
• Finish: Plaster and tile (observed during site visit) • Underwater Lights: Seven (7) (per drawings)

• Pool Main Drain: One (1) 24" x 24" (observed during
site visit)
• Gu/t_t er: Perimeter gu/t_t er system (observed during site visit)
• Ingress and Egress: Four (4) sets of grabrails with
recessed steps (observed during site visit)
• Floor Inlets: Fourteen (14) (per drawings)
• Code Minimum Flow Rate: 196 Gallons Per Minute
(GPM) (Using 6-hour turnover)
• Code Minumum Turnover Rate: 6-hours
• Actual Flow Rate: Unknown (no fl ow meter)
• Actual Turnover Rate: Unknown (no fl ow meter)
• Design Flow Rate: 20 0 GPM (per installed valve)
ADG
5 20
6 International Swim Center Swimming Pools Needs Assessment C. SWIMMING POOLS DATA
• Liquid Acid (Hydrochloric Acid)
• No access to room during site visit
• Diving Pool Suction Pipe Size and Flow Velocity
• Suction Pipe Size: 10-inch schedule 8010-inch schedule 80 • Suction Flow Velocity: 5.45 Feet Per Second (FPS)
• Diving Pool Return Pipe Size and Flow Velocity
• Return Pipe Size: 6-inch schedule 806-inch schedule 80 • Return Flow Velocity: 6.7 FPS
Diving Pool:
• Dimensions: 75'-1" long x 60’-0" wide (per drawings)
• Perimeter: 270 linear feet (per drawings)
• Surface Area: 4,500 square feet (per drawings)
• Volume: 572,220 gallons (per drawings)
• Depth: Constant 17'-0" (per drawings)
• Finish: Plaster and tile (observed during site visit) • Underwater Lights: Twenty-four (24) (per drawings)

• Pool Main Drains: Two (2) 24" x 24" (observed during
site visit)
• Gu/t_t er: Perimeter gu/t_t er system (observed during site visit)
• Ingress and Egress: Four (4) sets of grabrails with
recessed steps (observed during site visit)
• Floor Inlets: Twenty (20) (per drawings)
• Code Minimum Flow Rate: 1,590 Gallons Per Minute
(GPM) (Using 6-hour turnover)

• Code Minumum Turnover Rate: 6-hours
• Actual Flow Rate: Unknown (no fl ow meter)
• Actual Turnover Rate: Unknown (no fl ow meter)

• Design Flow Rate: 1,200 GPM
• Design Turnover Rate: 8-hours
Mechanical and Chemical Systems: (Observed During
Site Visit)
• Diatomaceous Earth (D.E.) Filter Tank (x1) with Slurry • Designed Total Filter Surface Area: 760 FT
2 • Actual Total Filter Surface Area: 659 FT2
• Designed Filter Media Rate: 1.84 GPM / FT 2 at
1,400 GPM
• Actual Filter Media Rate: 2.12 GPM / FT2 at 1,400
GPM
• Recirculation Pump
• Make: Unknown
• Model: Unknown
• Horsepower: 25
• Recirculation Motor
• Make: Unknown
• Model: Unknown
• Horsepower: 25
• Heating System
• Make: RBI
• Model: DW1950
• BTU Maximum Output: Unknown
• Maximum Thermal Effi ciency: Unknown
• • Chemical Control MonitorChemical Control Monitor
• • Make: BecSys Make: BecSys
• • Model: System 3 Model: System 3
• Sanitation
• Liquid Chlorine (Sodium Hypochlorite) bulk tanks
• 500 gallon capacity (x1) plus two (2) for other pools • Stenner 45M4 (x2) chemical metering pumps: 70
total gallons per day feed rate capacity
Image 2: Diving Pool Piping
ADG
6 21
7 International Swim Center Swimming Pools Needs Assessment D. PROGRAMMING
The International Swim Center supports the Santa Clara community and the Bay Area through the following programs:

Staff indicated that no new or additional programming is desired for the facility and confi rmed that the pools and dive tower accommodate existing programs well.

Image 5: Instructional Pool
Image 3: Santa Clara Swim Club Sign in Floor
Image 4: Hall of Fame Display
• Recreational Swimming
• Lap Swimming
• Leisure Swimming
• Adult, Teen, Youth, Infant and Adaptive Learn-To-
Swim Programs
• Aquatic Fitness Classes
• Recreational Diving
• Club Diving
• Lane and Facility Rentals
• Party Rentals
ADG
7 22
GEORGE 1. IAina
I NTERlUTJn•= SWIM C
HALL or
8 International Swim Center Swimming Pools Needs Assessment E. CODE ITEMS
ADG has determined that the following twenty-one (21)
items at the International Swim Center do not comply
with current code standards. For each item within the
report a description of the condition is given along with a reference to the code that applies. A suggestion of
possible remedy and an opinion of probable cost is given for most items. The itemized estimates do not include
general conditions and other so/f_t costs that are typically added to any project for a total construction project cost.

In addition, many code items trigger the need to bring
additional code items into compliance simultaneously.

As such, it is diffi cult to approach the suggested code repairs as individual projects.

ITEM DESCRIPTION PAGE
#

1.1 Comingled Pools 8

1.2 Turnover Rate for Pools 9

1.3 Gu/t_t ers for Pools 9

1.4 50-Meter Pool Autofi ll System 10

1.5 50-Meter Pool Depth for Racing
Platforms
10 1.6 50-Meter Pool Piping 11

1.7 Flow Velocity for Pools 11

1.8 50-Meter Pool Floor Inlets 11

1.9 Safety Markers for Pools 12

1.10 Instructional Pool Coping Stones 12

1.11 Diving Pool Turnover Rate 13

1.12 Diving Pool Main Drains 13

1.13 Diving Pool Floor Inlets 13

1.14 Diving Pool Underwater Lights 14

1.15 Diving Pool Finish 14

1.16 Diving Pool Coping Stones 14

1.17 Deck for Pools 15

1.18 Diving Pool Safety Markers 15

1.19 Diving Pool Autofi ll System 16

1.20 Flow Meters for Pools 16

1.21 Pools Leaking 17

1.1 Comingled Pools:

The 50-Meter Pool and the Instructional Pool operate on the same recirculation system, despite being separate
bodies of water. California code requires each pool to
have its own recirculation system. The comingled pools
are in violation of CBC, Chapter 31B:
3123B.1 System description. Each pool shall be
provided with a separate recirculation system
designed for the continuous recirculation,
fi ltration and disinfection of the pool water. The
system shall consist of pumps, fi lters, chemical
feeders, skimmers or perimeter overfl ow
systems, valves, pipes, connections, fi /t_t ings and
appurtenances.

To separate the pools requires installing new piping
and corresponding mechanical equipment to operate
each individual pool. To accommodate an additional set
of mechanical equipment the layout in the mechanical
room needs to be reconfi gured. During this process
existing mechanical equipment that is dated could
be, and in some cases would have to be, replaced.

Additionally, this process would require draining of
the pools as well as demolition of the decks. Upon
completion of the install for new piping and mechanical equipment, the decks would have to be reconstructed
and the pools replastered and refi lled with water.

The following estimate is for new mechanical systems,
new underground piping, a new surge tank and removal
and replacement of the deck.

For the full project scope
and cost see page 23.
(Estimated Cost- $4,579,575.00)
Image 6: 50-Meter and Instructional Pools
ADG
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9 International Swim Center Swimming Pools Needs Assessment E. CODE ITEMS

1.2 Turnover Rate for Pools:

The 50-Meter Pool and Instructional Pool's turnover rate should meet or exceed 6-hours to comply with code. The
pools were designed for a 7.6-hour turnover, which is in violation of CBC, Chapter 31B:
3124B. Turnover Time. The recirculation system
shall have the capacity to provide a complete
turnover of pool water in:

1. One-half hour or less for a spa pool; and

2. One-half hour or less for a spray ground; and

3. One hour or less for a wading pool; and

4. Two hours or less for a medical pool; and

5. Six hours or less for all other types of public
pools.

The pool systems should be revised to meet the code
required minimum 6-hour turnover rate. This can be
addressed when resolving item 1.1. See page 23 for the
project scope and cost to address this code item.

1.3 Gu/t_t ers for Pools:

The 50-Meter Pool and Instructional Pool's gu/t_t ers are operating below the gu/t_t er lip due to fl ooding when the pools are full of swimmers. As a result, the pools do not skim the surface water when the pools are not full of
swimmers. This condition is in violation of CBC, Chapter 31B:
3136B. Pool Skimming Systems. The pool shall be
equipped with one or more skimming methods
to provide continuous skimming of the pool
water and shall be capable of continually
withdrawing not less than 100 percent of the fl ow
rate.

The gu/t_t er and gu/t_t er piping should be modifi ed to meet the code requirement for constant skimming.

The following estimate is for gu/t_t er and gu/t_t er piping replacement for both pools (this item is included in the project scope on page 23).
(Estimated Cost- $882,000.00)

Image 7: 50-Meter and Instructional Pools
Image 8: Instructional Pool Gu/t_t er
ADG
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10 International Swim Center Swimming Pools Needs Assessment

1.4 50-Meter Pool Autofi ll System:

The 50-Meter Pool is fi lled with water manually. The lack of an automatic fi ll system is in violation of CBC, Chapter 31B:
3127B.3. Makeup Water. Automatic makeup water
fl ow controls with a manual override control shall
be provided to maintain the proper pool water
level.

An automatic fi ll system should be installed. The
following estimate is for an automatic fi ll system to
connect to the existing waterline piping (this item is
included in the project scope on page 23).

(Estimated Cost- $20,000.00)

1.5 50-Meter Pool Depth for Racing Platforms:

The 50-Meter Pool has racing platforms installed in
all 50-meter and 25-yard course locations. All of the
50-meter course starting platforms are installed where
the pool water depth is 4'-6". The majority of the 25-yard short-course starting platforms are installed where the pool water depths are 4'-6" to 6'-0". California Building Code requires a universal No-Diving symbol be placed
adjacent to every deck depth marker where the water
depth is 6-feet or less. See CBC, Chapter 31B:
3110B.5. No diving markers. For pool water depths
6 feet or less no diving markers with the universal
symbol of no diving...

The starting platforms should be removed from all
locations where the water is 6' deep or less to enhance safety and comply with code. Staff can remove the
starting platforms from the deck.

E. CODE ITEMS
Image 9: Example Autofi ll System
Image 10: Starting Platform in 4'-6" Depth of Water
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11 International Swim Center Swimming Pools Needs Assessment E. CODE ITEMS

1.6 50-Meter Pool Piping:

The 50-Meter Pool suction piping larger than 6-inches
is transite pipe, which contains asbestos. Asbestos
concrete, which was a common building material during
the time of initial construction, is now in violation of CBC, Chapter 31B and California Plumbing Code:
3125B.1.1. Materials. All piping, tubing and fi /t_t ings shall comply with the applicable standards for
potable water system materials set forth in
Chapter 6 of the California Plumbing Code.

A hazardous material abatement process for the piping
would be required during pool and deck demolition,
increasing costs. The following estimate is for hazardous material removal and disposal for the piping (this item is included in the project scope on page 23).
(Estimated Cost- $175,000.00)

1.7 Flow Velocity for Pools:

The 50-Meter Pool and Instructional Pool have a fl ow
velocity for suction piping of 9.07 Feet Per Second (FPS).

The fl ow velocity exceeds the allowances in CBC, Chapter 31B:
3125B.1. Line sizes. Pipes shall be sized so fl ow
velocity of piping systems including all pipes
and fi /t_t ings other than inlet devices or venturi
throats shall not exceed 6 feet per second in any
suction or copper piping and 8 feet per second in
any portion of the return system.

High fl ow velocities can erode pipes and either cause
leaking or replacement ahead of typical lifecycles. Old standards allowed PVC pipe velocities of up to 10 feet
per second. With extra diligence the system can continue to operate at the current velocity. When the opportunity arises to provide separate systems for each pool the
piping can change to have compliant fl ow velocities. The piping from the pools to the mechanical room as well
as inside the mechanical room would need replacing to
achieve fl ow velocities that do not exceed 6 FPS on the suction side and 8 FPS on the return side. This code item can be addressed when resolving item 1.1. The following estimate is for new piping (this item is included in the project scope on page 23).
(Estimated Cost- $150,000.00)

1.8 50-Meter Pool Floor Inlets:

The 50-Meter Pool has forty (40) fl oor inlets for
recirculation. California Code requires all swimming
pools that are 40-feet wide or wider use fl oor inlets
spaced evenly throughout the pool to assure eff ective
distribution of chlorine for proper disinfection and water quality. The swimming pool is 75-feet wide and greater
than 3,000 square feet. CBC, Chapter 31B states:
3137B.2.4 Floor inlets. Pools that are greater
than 40 feet (12,192 mm) in width or 3,000 square
feet (278.7 mm²) in surface area shall have fl oor-
mounted return inlets. The number of fl oor inlets
shall be in compliance with Section 3137B.2. All
fl oor inlet fi /t_t ings shall be located to provide
uniform circulation and shall be installed so as to
be fl ush with the surface of the pool bo/t_t om.

California Code requires two (2) inlets for the fi rst 10,000 gallons of water and one (1) inlet therea/f_t er per additional 10,000 gallons of water. CBC, Chapter 31B states:
3137B.2 Inlet fi /t_t ings. Each pool shall be provided with not less than two recirculation system inlets
for the fi rst 10,000 gallon capacity and one
additional inlet for each additional 10,000 gallon
or less capacity.

To comply with code the number of fl oor inlets would
be fi /f_t y-fi ve (55). To install fl oor inlets in the swimming pool the pool would have to be drained and trenches cut in the pool fl oor to install new under pool piping. Then fl oor inlets would be installed and the pool fl oor concrete replaced. In order to do the trenchwork the pool plaster would have to be removed and replaced. The pool would
have to be refi lled with water and chemically balanced.

The following estimate represents trenchwork, fi /f_t y- fi ve (55) new fl oor inlets and related piping, and pool fl oor concrete (this item is included in the project scope on page 23). It is not refl ective of pool plaster removal and replacement or costs associated with draining and
refi lling the pool with water (see page 23).
(Estimated Cost- $180,000.00)

ADG
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12 International Swim Center Swimming Pools Needs Assessment E. CODE ITEMS

1.9 Safety Markers for Pools:

The 50-Meter Pool and Instructional Pool are missing
code-compliant “No Diving” graphic markers where the
water depths are 6-feet or less. The lack of proper “No Diving” graphic markers is in violation of CBC, Chapter 31B:
3110B.5. No diving markers. For pool water depths
6 feet or less no diving markers with the universal
symbol of no diving, which is a red circle with
a slash through it superimposed over the image
of a diver, shall be installed on the deck directly
adjacent to the depth markers required by
Section 3110B.4.1. No diving markers shall comply
with Section 3110B.4.4 (2-3).

Proper “No Diving” graphic markers can be installed
by bushing down deck concrete and laying down code-
compliant “No Diving” tile graphic markers. If the pool deck is to be completely replaced these safety markers
would be included in that cost, along with all required depth markers (see page 23). The following estimate
is for a retrofi /t_t ed install of “No Diving” tile graphic markers on the pool deck in locations where the water
depth is 6-feet or less.
(Estimated Cost- $8,000.00)

1.10 Instructional Pool Coping Stones:

The Instructional Pool coping stones are rough and
pi/t_t ed, creating places for bacteria and pathogens to grow. Code requires these surfaces to be non-porous to
prevent recreational water illness outbreaks. See CBC,
Chapter 31B:
3108B.2. Finish. The fi nished pool shall be
lined with a smooth waterproof interior fi nish
that will withstand repeated brushing, scrubbing
and cleaning procedures. The interior pool fi nish
shall completely line the pool to the tile lines,
coping or cantilevered deck.

The coping stones should be replaced. The following
estimate is for replacement coping stones (this item is included in the project scope on page 23).
(Estimated Cost- $50,000.00)

Image 11: Example of "No Diving" Graphic Marker
Image 12: Instructional Pool Coping Stones
ADG
12 27
NOTE: PLACE IN DECK AT ALL DEPTH MARKER LOCATION
Of b'-g " OR LE5S.
13 International Swim Center Swimming Pools Needs Assessment E. CODE ITEMS

1.11 Diving Pool Turnover Rate:

The Diving Pool's turnover rate should meet or exceed
6-hours to comply with code. The pool was designed for
an 8-hour turnover, which is in violation of CBC, Chapter 31B:
3124B. Turnover Time. The recirculation system
shall have the capacity to provide a complete
turnover of pool water in:

1. One-half hour or less for a spa pool; and

2. One-half hour or less for a spray ground; and

3. One hour or less for a wading pool; and

4. Two hours or less for a medical pool; and

5. Six hours or less for all other types of public
pools.

The pool system should be revised to meet the code
required minimum 6-hour turnover rate. This will require the removal of the surrounding pool deck, underground
piping, under pool piping and an update to the
mechanical equipment. See page 24 for the full project
scope and cost to address this code item.

1.12 Diving Pool Main Drains:

The Diving Pool main drains were not designed to be
hydraulically balanced as required by code. CBC, Chapter 31B states:
3162B. Anti-Entrapment Devices and Systems.

Every swimming pool constructed on or a/f_t er
January 1, 2010, shall have at least two suction
outlets per pump that are hydraulically balanced
and symmetrically plumbed through one or
more "T" fi /t_t ings, and that are separated by a
distance of at least three feet in any dimension
between the suction outlets.

New main drains and related under pool piping should
be installed. The following estimate is for new main
drains and related piping (this item is included in the project scope on page 24).
(Estimated Cost- $387,500.00)

1.13 Diving Pool Floor Inlets:

The Diving Pool has twenty (20) fl oor inlets for
recirculation and all of them are missing their adjustable fl ow inserts. California Code requires all swimming
pools that are 40-feet wide or wider use fl oor inlets
spaced evenly throughout the pool to assure eff ective
distribution of chlorine for proper disinfection and water quality. The swimming pool is 75-feet wide and greater
than 3,000 square feet. CBC, Chapter 31B states:
3137B.2.4 Floor inlets. Pools that are greater
than 40 feet (12,192 mm) in width or 3,000 square
feet (278.7 mm²) in surface area shall have fl oor-
mounted return inlets. The number of fl oor inlets
shall be in compliance with Section 3137B.2. All
fl oor inlet fi /t_t ings shall be located to provide
uniform circulation and shall be installed so as to
be fl ush with the surface of the pool bo/t_t om.

California Code requires two (2) inlets for the fi rst 10,000 gallons of water and one (1) inlet therea/f_t er per additional 10,000 gallons of water. CBC, Chapter 31B states:
3137B.2 Inlet fi /t_t ings. Each pool shall be provided with not less than two recirculation system inlets
for the fi rst 10,000 gallon capacity and one
additional inlet for each additional 10,000 gallon
or less capacity.

Image 13: Diving Pool Main Drain
ADG
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14 International Swim Center Swimming Pools Needs Assessment E. CODE ITEMS
To comply with code the number of fl oor inlets would
be fi /f_t y-eight (58). To install fl oor inlets in the swimming pool the pool would have to be drained and trenches cut in the pool fl oor to install new under pool piping. Then fl oor inlets would be installed and the pool fl oor concrete replaced. In order to do the trenchwork the pool plaster would have to be removed and replaced. The pool would
have to be refi lled with water and chemically balanced.

The following estimate represents trenchwork, fi /f_t y- eight (58) new fl oor inlets and related piping, and pool fl oor concrete (this item is included in the project scope on page 24). It is not refl ective of pool plaster removal and replacement or costs associated with draining and
refi lling the pool with water (see page 24).
(Estimated Cost- $95,000.00)

1.14 Diving Pool Underwater Lights:

The Diving Pool underwater pool lights are not working
on the north side of the pool. Staff report that this is due to compromised underground conduits being
broken possibly by se/t_t lement from the dive tower,
which does not allow new wires to be pulled through.

New underground conduits and underwater pool lights
should be installed to ensure the safety of patrons during early morning and evening hours of operation. The
following estimate is for new underwater lights (this item is included in the project scope on page 24).
(Estimated Cost- $185,000.00)

Image 14: Diving Pool Floor Inlet Without Flow Insert
Image 15: Underwater Light in Diving Pool
ADG
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15 International Swim Center Swimming Pools Needs Assessment E. CODE ITEMS

1.15 Diving Pool Finish:

The Diving Pool fi nish is in need of replacement. The
surface is delaminating, creating a porous fi nish for
pathogens to grow. The aging fi nish is in violation of CBC, Chapter 31B:
3108B.2. Finish. The fi nished pool shell shall be
lined with a smooth waterproof interior fi nish
that will withstand repeated brushing, scrubbing,
and cleaning procedures. The interior pool fi nish
shall completely line the pool to the tile lines,
coping, or cantilevered deck.

The National Plasterers Association states that swimming pool plaster should be expected to last between 12-15
years under normal conditions. As plaster ages water
gets closer to the underlying structure of the pool shell and the result can be oxidation and deterioration of
the steel rebar which can increase the risk of leaks and structural failure of the pool shell. A failing pool fi nish may also harbor pathogens, which could aff ect the
health and safety of patrons.

The plaster must be replaced. The tile is recommended
to be replaced at the same time. A new fi nish for the
pool will improve safety for patrons and help protect
against leaks and structural concerns. The industry
standard for pool plaster is to use a quartz-based plaster with tile. The following estimate includes removal of
all existing previous pool fi nish to bare concrete and the installation of a new plaster and tile fi nish (this item is included in the project scope on page 24). The
following estimate also includes waterproofi ng the
surge tank, costs associated with draining and refi lling the pool with water, and costs to balance the chemicals.

Sometimes in older pools as existing plaster is removed underlying conditions can be worse than expected and
consequently increase both the scope and cost of a
plaster renovation due to concrete shell repairs.
(Estimated Cost- $337,500.00)
Alternative pool fi nishes to plaster and tile include
fi berglass, liners and Myrtha’s RenovAction system. If the City is interested in information for alternative fi nishes ADG can be consulted for details, including costs.

1.16 Diving Pool Coping Stones:

The Diving Pool coping stones are rough and pi/t_t ed, creating places for bacteria and pathogens to grow. Code requires these surfaces to be non-porous to prevent
recreational water illness outbreaks. See CBC, Chapter
31B:
3108B.2. Finish. The fi nished pool shall be
lined with a smooth waterproof interior fi nish
that will withstand repeated brushing, scrubbing
and cleaning procedures. The interior pool fi nish
shall completely line the pool to the tile lines,
coping or cantilevered deck.

The coping stones should be replaced. The following
estimate is for replacement coping stones (this item is included in the project scope on page 24).

(Estimated Cost- $60,000.00)
Image 16: Delaminating Plaster in Diving Pool
ADG
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16 International Swim Center Swimming Pools Needs Assessment E. CODE ITEMS

1.17 Deck for Pools:

The deck for the pools is in need of replacement to
continue to safely serve patrons, athletes and spectators.

The deck is failing with delamination, rough and porous areas, diff erential movement and cross slopes greater
than 2%. These conditions are in violation of CBC,
Chapter 31B:
3114B.1. General. A minimum continuous and
unobstructed 4-foot wide slip resistant,
cleanable, nonabrasive deck area of concrete or
like material shall be provided fl ush with the top
of the pool coping extending completely around
the pool, and the deck area shall further extend
4 feet on both sides and rear of any diving
board, fi xed disabled access assistance device or
slide and their appurtenances. The deck width
shall be measured from the poolside edge of the
coping lip.

These deck issues will worsen with time. An estimate for a pool deck replacement is provided, including demo of
the existing deck and a medium broom fi nish concrete
with slot drains (this item is included in the project
scope on page 23). Required deck depth markers and
“no diving” markers would be replaced during deck
replacement.
(Estimated Cost- $1,100,000.00)

1.18 Diving Pool Safety Markers:

Waterline depth markers are missing from the waterline
tile in the Diving Pool. The lack of proper waterline depth markers is in violation of CBC, Chapter 31B:
3110B.4.2. Position. Where required by Section
3110B.4.1, depth markers shall be located in the
following positions:

2. For pools with perimeter overfl ow systems
where coping cantilevers over the gu/t_t er depth
markers may be positioned at the face of the
cantilevered coping, the back wall above the
gu/t_t er or immediately below the waterline which
will result in the depth markers being completely
submerged; or
Waterline tile depth markers can be installed by
removing and replacing waterline tiles. If the pool fi nish is to be completely replaced, these waterline tile depth markers are included in the cost estimate in section 1.15 (also included in the project scope on page 24). The
following estimate is for a retrofi /t_t ed install of waterline tile depth markers at all depth locations.
(Estimated Cost- $12,000.00)
Image 17: Diving Pool Coping Stones
Image 18: Failing Pool Deck
ADG
16 31
' ~~ ~-~ . ~ _,
"
_j~:::~-, -~---,~ ' :f.::i.
17 International Swim Center Swimming Pools Needs Assessment E. CODE ITEMS

1.19 Diving Pool Autofi ll System:

The Diving Pool is fi lled with water manually. The lack of an automatic fi ll system is in violation of CBC, Chapter 31B:
3127B.3. Makeup Water. Automatic makeup water
fl ow controls with a manual override control shall
be provided to maintain the proper pool water
level.

An automatic fi ll system should be installed. The
following estimate is for an automatic fi ll system to
connect to the existing waterline piping (this item is
included in the project scope on page 24).

(Estimated Cost- $20,000.00)

1.20 Flow Meters for Pools:

ADG did not observe fl ow meters for the pools during
the site visit. The lack of fl ow meters on the pools is in violation of CBC, Chapter 31B:
3125B.3. Flow meter. A fl ow meter shall be
provided on each recirculation system accurate
to within 10 percent of fl ow and installed
according to the manufacturer's wri/t_t en
instructions with increments in the range of
normal fl ow.

Any fl ow meter purchased should be certifi ed, listed
and labeled to ANSI / NSF 50 by an ANSI-accredited
certifi cation organization. In addition, it is ADG's
recommendation to install the fl ow meters in pipe
locations with minimal fl ow distortion. Adequate
straight-run pipe, both upstream and downstream of the
fl ow meter, is recommended to maximize fl ow profi le.

Many manufacturers recommend placing a fl ow meter
a/f_t er a minimum of 10 pipe diameters of straight pipe and having an additional minimum 5 pipe diameters of
straight pipe a/f_t er the fl ow meter. It is also recommended that the fl ow meter be located a/f_t er the fi lter. The following estimate is for two (2) new digital fl ow meters certifi ed, listed and labeled to ANSI / NSF 50 (included in the projects scopes on page 23 and 24).
(Estimated Cost- $9,000.00)

Image 19: No Waterline Depth Marker
Image 20: Example of A Digital Flow Meter
ADG
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18 International Swim Center Swimming Pools Needs Assessment E. CODE ITEMS

1.21 Pools Leaking:

There are known underground piping leaks, as reported
by staff . At least one of the leaks is apparent by the water seeping into the pool pump pit from the underground
pipes adjacent to the pit. The drawings show all large
pool suction pipes to be concrete asbestos transite pipe.

These pipes are notorious for leaking in pool applications a/f_t er many years of service. Both the 50-Meter Pool and the Diving Pool have construction joints between the
pool walls and the pool fl oor, which can also be another common source of pool leaks. The leaks should be
sourced and repairs made. The following estimate is for leak detection and repairs (this item is included in the project scopes on pages 23 and 24).
(Estimated Cost- $100,000.00)

Image 21: Evidence of Leak in Pump Pit
ADG
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19 International Swim Center Swimming Pools Needs Assessment F. MAINTENANCE ITEMS

2.2 50-Meter Pool Racing Platforms:

The 50-Meter Pool's Omega starting platform anti-slip
fi nish has worn off in many areas. These platforms should be repaired or replaced, unless they are eliminated as
noted in section 1.5. The following estimate is for anti-slip fi nish replacement for the starting platforms.
(Estimated Cost- $40,000.00)
The following
eight (8) items are maintenance items
for operations at the International Swim Center. A
suggestion of possible remedy and an opinion of
probable cost is given for most items. The itemized
estimates do not include general conditions and other
so/f_t costs that are typically added to any project for a total construction project cost. In the proforma section of this report the itemized costs are totaled to give
an example of a total project cost. In addition, many
maintenance items are impacted by rectifying code
items. As such, it may be diffi cult to approach each
suggested maintenance repair as an individual project.

ITEM DESCRIPTION PAGE #

2.1 50-Meter Pool Finish 19

2.2 50-Meter Pool Racing Platforms 19

2.3 Diving Pool Underwater Windows 20

2.4 Floors for Pools 20

2.5 50-Meter Pool Steps 21

2.6 DE Filters for Pools 21

2.7 Pools Heaters and Controllers 22

2.8 Dive Tower 22

2.1 50-Meter Pool Finish:

The 50-meter pool plaster fi nish is starting to fail with small areas of delamination. This deterioration will
accelerate over time. The plaster fi nish replacement
should be planned for the upcoming years. The National
Plasterers Association states that swimming pool plaster should be expected to last between 12-15 years under
normal conditions. As plaster ages water gets closer to the underlying structure of the pool shell and the result can be oxidation and deterioration of the steel rebar
which can increase the risk of leaks and structural failure of the pool shell. The following estimate is for a new
plaster and tile fi nish for the 50-Meter Pool (this item is included in the project scope on page 23).
(Estimated Cost- $738,000.00)
Image 22: Plaster Delaminating in 50-Meter Pool
ADG
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20 International Swim Center Swimming Pools Needs Assessment

2.4 Floors for Pools:

It should be noted that the pool fl oors for both the
50-Meter Pool and the Diving Pool have a light steel
reinforcement accompanied with a 10/10 woven wire
fabric structure. As such, care should be taken if portions of the pool fl oor are removed for repairs in order to
prevent pool walls from failing.

F. MAINTENANCE ITEMS
Image 23: Aging Anti-Slip Finish on Racing Platforms

2.3 Diving Pool Underwater Windows:

The Diving Pool underwater windows are deteriorated
and starting to leak. These three 3'x 3' windows will
continue to deteriorate and require replacement or
elimination. These windows are not typically used in
modern aquatic centers. Given that nearly every person
has a camera on them within their mobile phones there
is a concern for inappropriate photos taken through the windows. With modern underwater cameras training aids
and underwater viewing can be accommodated without
the need for underwater windows. The underwater
windows should be removed and eliminated. The
following estimate is for removal of the windows.
(Estimated Cost- $160,000.00)

Image 24: Diving Pool Underwater Windows
ADG
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21 International Swim Center Swimming Pools Needs Assessment

2.6 DE Filters for Pools:

Staff report that they must drain and clean the
diatomaceous earth fi lter systems every other week
or 26 times per year. To accomplish this the staff most close the 50-Meter and Instructional Pools every other
Tuesday from 6AM to 3PM and the Diving Pool every
other Wednesday from 6AM to 3PM to clean the fi lter
systems. New fully automatic high-rate sand fi lters
would eliminate this requirement for staff labor and
pool program closure. The following estimate is for new high-rate sand fi lter systems for each pool (this item is included in the project scopes on pages 23 and 24).
(Estimated Cost- $1,050,000.00)

2.5 50-Meter Pool Steps:

The 50-Meter Pool has recessed steps installed in the
midpoint of the 50-Meter long walls, which could be a
hazard to someone using the lane for fl ip turns. These recessed steps should be removed and replaced with
removeable ladders to avoid the potential hazard. The
following estimate is for a removal of the steps and an installation of removeable ladders (this item is included in the project scope on page 23).
(Estimated Cost- $10,000.00)

F. MAINTENANCE ITEMS
Image 26: DE FilterImage 25: Recessed Steps in 50-Meter Pool ADG
21 36
22 International Swim Center Swimming Pools Needs Assessment

2.8 Dive Tower:

The dive tower has been deteriorating for some time.

The structural viability of this tower will be addressed by others. In the meantime it should be noted that the
existing dive tower is constructed with 5-meter, 6.5-meter and 10-meter platforms. Current dive regulations require dive platforms of 5-meters, 7.5-meters and 10-meters.

2.7 Pool Heaters and Controllers:

Under current operations staff report that they have
had to replace the pool water heat exchangers three
(3) times in the last four years. The failure of these heat exchangers is typically due to chemical corrosion. New
chemical control and feed systems along with modern
titanium external heat exchangers should provide a
heating system with an expected life of 12 to 20 years. The following estimate is for replacement heating systems for the pools (this item is included in the project scopes on pages 23 and 24).
(Estimated Cost- $600,000.00)
F. MAINTENANCE ITEMS
Image 28: Diving Platform in TowerImage 27: Diving Pool Heater ADG
22 37
23 International Swim Center Swimming Pools Needs Assessment G. PROFORMA BUDGETS
The following proforma budget of the International Swim Center provides estimated costs to separate the comingled pools (50-Meter Pool and Instructional Pool). This project also addresses some of the code and maintenance concerns outlined in the report and improves pool operations. All repairs or replacements would be designed and constructed to current code standards.

International Swim Center
Separation of 50-Meter and Instructional Pool Co-Mingled Systems Proforma Budget Estimated Opinion of Probable Cost
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ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENSIONS

1.0 CONSTRUCTION COSTS

1.1 Remove and Replace Pool Deck & Deck Drains 20,000 SF 55.00$ 1,100,000.00$

1.2 New Under Pool Piping 50-Meter Pool 1 LS 180,000.00$ 180,000.00$

1.3 New 50-Meter Pool Main Drains 1 LS 50,000.00$ 50,000.00$

1.4 New 50-Meter Pool Underground Piping 1 LS 95,000.00$ 95,000.00$

1.5 New 50-Meter Pool Mechanical Equipment 1 LS 400,000.00$ 400,000.00$

1.6 Conversion of the Filter Pit to Pump Pit 1 LS 75,000.00$ 75,000.00$

1.7 New 50-Meter Pool Plaster and Tile 12,300 SF 60.00$ 738,000.00$

1.8 New 50-Meter Pool Surge Tank 1 LS 60,000.00$ 60,000.00$

1.9 New 50-Meter Pool Underwater Lights 32 EA 3,000.00$ 96,000.00$

1.10 New 50-Meter Pool Stairs 1 LS 60,000.00$ 60,000.00$

1.11 New Instructional Pool Main Drains 1 LS 60,000.00$ 60,000.00$

1.12 New Instructional Pool Underground Piping 1 LS 65,000.00$ 65,000.00$

1.13 New Instructional Pool Mechanical Equipment 1 LS 250,000.00$ 250,000.00$

1.14 New Instructional Pool Surge Tank 1 LS 10,000.00$ 10,000.00$

1.15 New Instructional Pool Plaster and Tile 3,150 SF 50.00$ 157,500.00$

1.16 New Instructional Pool Underwater Lights 7 EA 3,000.00$ 21,000.00$

1.17 New Instructional Pool Walk-Out Stairs 1 LS 60,000.00$ 60,000.00$

1.18 New ADA Access Both Pools 2 EA 15,000.00$ 30,000.00$

1.19 Subtotal 3,507,500.00$

1.20 General Contractor Mark-Up/Overhead 15% 526,125.00$

1.21 Construction Contingency Costs 10% 350,750.00$

1.22 Design Contingency 5% 175,375.00$

1.23 SUBTOTAL CONSTRUCTION & EQUIPMENT COSTS 4,559,750.00$

1.24 Construction Escalation 1 YRS 5.0% 227,987.50$

1.25 TOTAL CONSTRUCTION & EQUIPMENT COST W/ ESCALATION 4,787,737.50$

2.0 FF&E

2.1 Pool Deck & Safety Equipment (Allowance) 1 LS 30,000.00$ 30,000.00$

2.2 TOTAL FF&E 30,000.00$

3.0 NONCONSTRUCTION COSTS

3.1 Soft Costs 30% 1,445,321.25$

4.0 TOTAL ESTIMATED PROJECT COST 6,263,058.75$
ADG
23 38
24 International Swim Center Swimming Pools Needs Assessment G. PROFORMA BUDGETS
The following proforma budget of the International Swim Center provides estimated costs to replace the mechanical system and related piping for the Diving Pool to comply with turnover rates under current code. This project also addresses some of the code and maintenance concerns outlined in the report and improves pool operations. All repairs or replacements would be designed and constructed to current code standards.

International Swim Center
Diving Pool 6-Hour Turnover Rate Upgrade
Proforma Budget Estimated Opinion of Probable Cost
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ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENSIONS

1.0 CONSTRUCTION COSTS

1.2 New Under Pool Piping Dive Pool 1 LS 140,000.00$ 140,000.00$

1.3 New Dive Pool Main Drains 1 LS 50,000.00$ 50,000.00$

1.4 New Dive Pool Underground Piping 1 LS 95,000.00$ 95,000.00$

1.5 New Dive Pool Mechanical Equipment 1 LS 400,000.00$ 400,000.00$

1.6 Conversion of the Filter Pit to Pump Pit 1 LS 75,000.00$ 75,000.00$

1.7 New Dive Pool Plaster and Tile 4,500 SF 75.00$ 337,500.00$

1.8 New Dive Pool Surge Tank 1 LS 60,000.00$ 60,000.00$

1.9 New Dive Pool Underwater Lights 24 EA 3,000.00$ 72,000.00$

1.10 New ADA Access Both Pools 1 LS 15,000.00$ 15,000.00$

1.11 Subtotal 1,244,500.00$

1.12 General Contractor Mark-Up/Overhead 15% 186,675.00$

1.13 Construction Contingency Costs 10% 124,450.00$

1.14 Design Contingency 5% 62,225.00$

1.15 SUBTOTAL CONSTRUCTION & EQUIPMENT COSTS 1,617,850.00$

1.16 Construction Escalation 1 YRS 5.0% 80,892.50$

1.17 TOTAL CONSTRUCTION & EQUIPMENT COST W/ ESCALATION 1,698,742.50$

2.0 FF&E

2.1 Pool Deck & Safety Equipment (Allowance) 1 LS 30,000.00$ 30,000.00$

2.2 TOTAL FF&E 30,000.00$

3.0 NONCONSTRUCTION COSTS

3.1 Soft Costs 30% 518,622.75$

4.0 TOTAL ESTIMATED PROJECT COST 2,247,365.25$
ADG
24 39
25 International Swim Center Swimming Pools Needs Assessment G. PROFORMA BUDGETS
The following proforma budget of the International Swim Center provides estimated costs to replace all of the pools in-kind. All replacements would be designed and constructed to current code standards.

International Swim Center
Replacement Pools
Proforma Budget Estimated Opinion of Probable Cost
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ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENSIONS

1.0 CONSTRUCTION COSTS

1.1 Demo and Dispose of Pools and Pool Deck 1 LS 250,000.00$ 250,000.00$

1.2 New Dive Pool and Mechanical Equipment 6,150 SF 350.00$ 2,152,500.00$

1.3 New 10-Meter Dive Tower 1 LS 2,000,000.00$ 2,000,000.00$

1.4 New Dive Pool Dry Land Training Allowance 1 LS 500,000.00$ 500,000.00$

1.5 New Dive Pool Surge Tank 1 LS 60,000.00$ 60,000.00$

1.6 New 50-Meter Competition Pool & Mech. Equip. 12,300 SF 320.00$ 3,936,000.00$

1.7 New 50-Meter Pool Surge Tank 1 LS 60,000.00$ 60,000.00$

1.8 New 50-Meter Pool Competitive Equipment 1 LS 325,000.00$ 325,000.00$

1.9 New Instructional Pool & Mechanical Equipment 3,250 SF 305.00$ 991,250.00$

1.10 New Instructional Pool Surge Tank 1 LS 10,000.00$ 10,000.00$

1.11 All Pool Deck Equipment 1 LS 185,000.00$ 185,000.00$

1.12 New Pool Deck and Deck Drainage 20,000 SF 55.00$ 1,100,000.00$

1.13 New Pool Mechanical Space 1 LS -$ -$

1.14 Subtotal 11,569,750.00$

1.15 General Contractor Mark-Up/Overhead 15% 1,735,462.50$

1.16 Construction Contingency Costs 10% 1,156,975.00$

1.17 Design Contingency 5% 578,487.50$

1.18 SUBTOTAL CONSTRUCTION & EQUIPMENT COSTS 15,040,675.00$

1.19 Construction Escalation 1 YRS 5.0% 752,033.75$

1.20 TOTAL CONSTRUCTION & EQUIPMENT COST W/ ESCALATION 15,792,708.75$

2.0 FF&E

2.1 Pool Deck & Safety Equipment (Allowance) 0 LS -$ -$

2.2 TOTAL FF&E -$

3.0 NONCONSTRUCTION COSTS

3.1 Soft Costs 30% 4,737,812.63$

4.0 TOTAL ESTIMATED PROJECT COST 20,530,521.38$
ADG
25 40
26 International Swim Center Swimming Pools Needs Assessment H. SUMMARY
The International Swim Center has proudly served the Santa Clara and Bay Area communities. The pools and dive tower have provided many years of service. In their current condition, they are in need of extensive repairs or replacement to safely and eff ectively serve.

This document provides an assessment of existing conditions, recommendations for action and options that can be weighed by City staff . It is important to note that this document is based strictly on observations, original drawings and information provided by staff . No information found in this document is provided with any agenda other than fulfi lling the contractual obligations between LPA, Inc. and ADG.

On behalf of all of us at Aquatic Design Group we look forward to continuing to help LPA, Inc. and the City of Santa Clara in any way we can to ensure continued aquatic success.

Sincerely,
AQUATIC DESIGN GROUP , INC.

Image 28: Instructional Pool
ADG
26 END OF ADG ASSESSMENT FINDINGS.
41 LPA, INC.

STRUCTURAL

3.0 ASSESSMENT FINDINGS

3.0 ASSESSMENT FINDINGS

3.2 LPA, Inc.

3.2 .1 Str uctural

3.2 .1.1 Bui lding A - Main Building/
Locker Room

3.2 .1.2 Div er Tower and Viewing
Windows

3.2 .1.3 Large Canopy over Bleachers
and B uilding D Tower

3.2 .1.4 Bui lding B and C - Restroom and
Concessions

3.2 .1.5 Bui lding E,F, and G

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 42 ,\ -S--~ AQUATIC 11B

3.0 ASSESSMENT FINDINGS

STRUCTURAL ASSESSMENT FINDINGS
October 19, 2023
International Swim Center, Santa Clara, CA
Structural Assessment

1. Building A – Administr ation Building
a. The cent er Rotunda requires lateral
load resisting s ystem. Existing
corner wood pos ts are not
sufficient as later al load resisting
system.
b. Along the 4 wings of the building,
continuous cleres tory windows
occur along all perimet er walls.

As the result, the shear walls ar e
discontinued from the r oof
framing. Wood pos ts cantilever
over w all panels to resist lateral
loads from the roof . This type of
later al load resisting system is
not permitted in curr ent code.

Further revie w required to retrofit
the later al load resisting system.
c. Some exposed st eel posts are
badly rusted a t the base and shall
be replaced.

d. Press bo x structure above the club
office wing does not hav e defined
later al load resisting system on 4
sides of walls.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 43 •\ II S-~ AQUATIC

3.0 ASSESSMENT FINDINGS
e. The r ed tagged Women’s shower
and Men’s sho wer addition should be
demolished and replac ed. The
exis ting wood studs have been
sev erely damaged by steam piping
leakage.

2. Diver T ower
a. St eel stair inside the dive tower is
sev erely rusted and some
connections ar e damaged. Stair is
unsafe t o use.
b. Concr ete curb adjacent to the stair
opening is crack ed and exposed
rebar is se verely rusted.
c. Diving platf orms at the start
of the cantilev ers have observed
crack s on the top surface
concr ete structural slab. Concern
that w ater will get into these
crack s and cause rusting to the
rebars. R ecommend removing
the floor co ver to further evaluate
the exis ting condition.
d. Basic structur al system is
reasonable . There are a lot of shear
walls f or the size of the structure.

Concr ete shear walls are in general
good condition.

ICS facility staff mentioned the
tower seems to have settled during
some recent earthquake. They
said they cannot pull the electric
cable to change the pool lights
along the wall adjacent to the dive
tower foundation. The facility staff
suspected the pile foundation
settlement obstructed the cable.

Some moderate cracking observed
on the concrete platform at the base
of the dive tower structure. These
cracks may indicate some settlement
of the structure. However, whether
the settlement is contributing to the
light issue is unknown.

3. Building B – Res troom/Concessions.
a. Exposed glue-laminat ed fascia
beams appears to be delamina ted
at man y places on the surface.

This member ma y not be structural
in natur emay not affect the
integrity of the s tructure.

4. Building D – Canopy T ower.
a. Sev ere rusting is found on the
roof dr ain gutter along the
perimeter of the canop y roof.

These r oof drain gutter are made
of light gauge sheet metal. Some
damaged gutters poses f alling
hazards t o the building or walkway
below.
e.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 44 3.0 ASSESSMENT FINDINGS
b. Roof trusses of the canop y roof
appear in reasonably sound
condition. Some of the co ver
coating has been w orn off and
exposed the base primer. T he
original primer appears to be in
reasonable shape with minor
rusting observed.
c. The canopy t ower access structure
that houses the acc ess ladder to
the top of roof deck is badly
damaged. Sever e water damage
and drywall cr acks are observed on
all walls of the structur e. Rusting of
metal stud bottom tr acks are
observed. Metal stud w alls
enclosed by the gypsum wall
board are anticipa ted to be badly
rusted as w ell. This is a stand-alone
structure without c onnection to
the roof structur e. The
gravity and la teral load resisting
sys tem is primarily metal studs and
drywall. W ith the severity of the
damage observed, most of the
later al load resisting system have
been compromised, it is unsaf e to
be inside the structure .

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 45 Ill

3.0 ASSESSMENT FINDINGS
d. Ther e are (8) steel cantilever
columns supporting the entir e roof
structur e. Columns are most likely
not in complianc e with the current
building code s tandard and should
be ev aluated. An additional steel
member, or r einforcing the existing
member by w elding new member,
will be requir ed to strengthen the
exis ting structure. Further analysis
will be requir ed to provide
recommendations.

5. Canopy Bleachers
a. Metal stud w alls behind the
aluminum bleachers appears to be
rust ed and indicates signs of water
damage. S tuds shall be replaced
and protected.
b. Sev ere concrete cracks on steps
are f ound along south end of the
bleacher. E vident of differential
settlement is observed.

Geotechnical engineer should
re view the existing soil condition
and pro vide recommendations.

6. Building E – Tr aining Room and Storage
a. This one-s tory building constructed
of wood r oof framing and
reinf orced concrete masonry wall
around perimet er is in generally
good condition.

7. Building F – Maintenanc e Storage
a. Similar cons truction as Building E
with wood r oof framing and
concr ete masonry walls, the
building is in generally good
condition.

8. Building G – Park Maint enance Storage
a. This one-s tory building constructed
of wood r oof framing over
plyw ood shear walls on all side of
the building. A continuous
cleres tory window along
the north and south wall of the
structur e. The shear wall are
discontinuous betw een roof and
top w all. Wood posts connect the
roof t o the shear wall. This system
do not meet the curr ent code
requirement.
b. Evidenc e of water damage
observed a t the plywood shear
wall near the sill pla te.

END OF STRUCTURAL
ASSESSMENT FINDINGS.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 46 LPA, INC.

ARCHITECTURE

3.0 ASSESSMENT FINDINGS

3.0 ASSESSMENT FINDINGS

3.2 LPA, Inc.

3.2 .2 Ar chitectural

3.2 .2.1 Fac ility and Site Egress Review

3.2 .2.2 Plu mbing Code Review
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 47 ,\ -S--~ AQUATIC 11B

BLEACHERSVIEW

WINDOWS
DIVE
TOWER
BLDG B.

RESTROOMS

CONCESSIONS
CANOPY

BLEACHERS
BLDG D.

CANOPY
TOWER
BLDG F.

MAINT.

STORAGE
BLDG G.

PARK
MAINT.

STORAGE BLDG C.

RESTROOMS

CONCESSIONS
BLDG A.

MAIN ENTRY
BLDG E.

TRAINING

ROOM AND

STORAGE

COMPETITION
POOL

WARM UP
POOL
DIVING
WELL

SITE KEY PLAN

3.0 ASSESSMENT FINDINGS
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 48 4'-8 3/8"
50'-0"
14'-1/2"
5'-6"
4'-10"
4'-10 1/2"
5'-1" 5'-0"
5'-10 1/2"
5'-0"4'-8 1/2"
5'-1/2"
5'-11 1/4"
6'-2"
4'-6" 6'-2"
7'-10"
13'-1 1/2"
14'-2 1/2" 14'-0"
8'-2"
9'-8"
4'-0"
4'-0"
4'-1/2"
14'-2" 14'-3"
10'-9 1/2"
10'-9 1/2"
59'-9"
L: 59.75'
Row: 10
CAP: 398
L: 50'
Row: 10
CAP: 333
45'-0"
L: 45'
Row: 7
CAP: 210
60'-0"
L: 60'
Row: 5CAP: 200
55'-6"
L: 55.5'
Row: 7CAP: 259
58'-9" L: 58.75'
Row: 5
CAP: 196
58'-9"
L: 58.75'
Row: 7
CAP: 274
60'-0"
L: 60'
Row: 5
CAP: 20055'-9"
L: 55.75'
Row: 7
CAP: 260
17,962.83 sf
6'-0"6'-0"
4'-10"
3'-0"3'-6"
3'-8 1/2"
3'-6"
? ? ?
? ????
BLEACHER CAPACITY: 398
BLEACHER CAPACITY: 3,204
TOTAL BLEACHER CAPACITY: 3,602
DECK CAPACITY: 1,198
4,795.703 sf
12,915.97 sf
3,416.86 sf4,796 SF 12,916 SF 3,417 SF
CAPACITY: 96 CAPACITY: 259 CAPACITY: 69 TOTAL POOL CAPACITY: 424 17,963 SF
TOTAL CAPACITY: 5,224
4'

EXIT EGRESS ANALYSIS

OCCUPANCY LOAD CALCULATIONS - BLEACHERS, POOLS, AND POOL DECKS 49 C
C
C
C
C
C
0 a
C
a
C
C
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REQUIRED FIXTURES

EXISTING FIXTURES

EXISTING BLDG A FLOOR PLAN

SOUTH SHOWER ROOMS

EXISTING BLDG C FLOOR PLAN

RESTROOMS & CONCESSIONS
PER 2022 CPC

EXISTING BLDG A FLOOR PLAN

NORTH SHOWER ROOMS

EXISTING BLDG B FLOOR PLAN

RESTROOM & CONCESSIONS

WATER CLOSET

WATER CLOSET
10 8
32 13
MEN’S
MEN’S
WOMEN’S
WOMEN’S

URINALS

URINALS
14 7
0 0

LAVATORIES

LAVATORIES
14 8
18 8

DRINKING

FOUNTAINS

DRINKING

FOUNTAINS
14 12

3.0 ASSESSMENT FINDINGS
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 50 -"- - ---- - ...... ?.';-:r.¼
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AQUATIC
y 0
I
Architectural Assessment – Occupancy, Egress
Analysis, and Plumbing Code Compliance.

The Santa Clara International Swim Center is
a facility that was built in 1967. The original
constitution would have followed that year’s
respective building code requirements. Following
new and current codes, which are required
for the planning review, the building creates
several violations that trigger the facility to be
uninhabitable and unsafe until substantial changes
are made. Our current review process looks at
3 minimum factors that are requirements in this
upgrade: Occupancy, Egress, and Plumbing
Count.

The current occupancy, classified per the CBC
2022, categorizes the facility under the A3 and A5
occupancy. This creates a total occupant count of
5,224 occupants, inclusive of the bleachers, bodies
of water, and pool deck with minimal occupancy
within the supporting structures. Per the CBC
2022 This capacity at the main event area nears
the pools and bleachers requires a minimum of
4 complaint exits and a total combined exit width
of 87 feet spread throughout all exits.

Observation of the current conditions shows that
the facility has a total combined exit width of
roughly 45 linear feet, which is nearly half of the
requirements needed for an event. Of the 45 feet
only (2) gates of approximately 8 feet in width
have code-compliant egress gate and hardware
for pedestrians. However, two gates with proper
hardware are locked by chains and padlocks at
all times making them non code-complaint. The
remaining exits are not pedestrian gates and are
currently used like maintenance gates that are not
valid exits when closed.

Based on how the facility currently operates, the
main exit path is not in compliance with California
Building Code for safe emergency egress. All
users are required to enter and exit through a
single entry within the main entry building. In an
emergency, the main path of egress divides into
two directions, only to funnel the two paths back
into the buildings in one main exit path. This is not

3.0 ASSESSMENT FINDINGS

ARCHITECTURAL ASSESSMENT FINDINGS
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 51 ,\ Ill sr~ AQUATIC •

3.0 ASSESSMENT FINDINGS

ARCHITECTURAL ASSESSMENT FINDINGS
compliant with code and a life safety hazard
during an emergency.

Should the two site exits off of the main pool deck
that have panic hardware be unchained during
use, then the pool deck is partially compliant,
allowing a maximum number of occupants
of 380 or less. If the gates are not unchained
during use, then the maximum occupancy of this
facility would be 49 occupants, utilizing the front
entrance only.

Based on the occupancy, the building code
requires that any event with less than 500
occupants would need to have two functional
and unchained exits with panic hardware. Having
more than 500 occupants would require three
exits with panic hardware and the proper widths.

Having 1,000 or more occupants would need to
have four exits minimum that have panic hardware
and the proper amount of exit widths.

Our findings show that it is needed to have
additional exit lengths to total 87 feet and a
minimum of four exits with panic hardware, per
the 2022 California Building Code.

Based on the current plumbing fixtures combined
from Main Building A Locker Rooms and the
supporting Restroom and Concessions, the
plumbing fixtures are greater than 50 percent
deficiency from what would be needed at full
capacity. Both the size of the restrooms and
lockers rooms and quantity of fixtures would
need to be increased to meet plumbing fixture
requirements. However, this is not possible in
the current footprint of the existing building
and will require additional square footage in
order to achieve the minimum plumbing fixture
requirements.

END OF ARCHITECTURAL
ASSESSMENT FINDINGS.

OPTIMIZED EGRESS PLAN

CURRENT EGRESS PLAN

ACTIVE EXITS

OCCUPIED SPACE

LOCKED EXITS

ADDITIONAL EXITS
NEEDED

EXIT PATH

EXISTING CHAINED EXIT
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 52 □ • 0
0 ~

SIMPSON GUMPERTZ
& HEGER

3.0 ASSESSMENT FINDINGS

3.3 Simpson Gumpertz & Heger (SGH)

3. 3.1 Bu ilding A - Main Building/Locker Room

3. 3.2 Di ver Tower and Viewing Windows

3. 3.3 Po ol Deck

3. 3.4 Lar ge Canopy over Bleachers and
Bu ilding D Tower
53 SGH ASSESSMENT FINDINGS

3.0 ASSESSMENT FINDINGS
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 73 54
I
,\
S-~ AQUATIC
■
i

TABLE OF CONTENTS

CODES & STANDARDS
ROOFS

EXTERIOR WALL CLADDING & FENESTRATIONS

SHOWER FACILITIES IN BUILDING A

CANOPY BLEACHER STRUCTURE

DIVE TOWER

CONCRETE STRUCTURES & COMPONENTS

CONCRETE STADIUM BLEACHERS & STEPS

STEEL STADIUM ROOF
55 3.0 ASSESSMENT FINDINGS

CODES & STANDARDS ROOFS
For purposes of this report, compliance with
current codes and industry standards will be used
to evaluate the condition and performance of the
Facility. We also reviewed and considered project-
specifi c documents, such as architectural drawings
and condition assessment reports prepared by
others. The documents we considered in our
analysis include:
• 2022 California Building Code (CBC)
• ASTM E2018-15, Standard Guide for Property
Condition Assessments: Baseline Property
Condition Assessment Process
• 2023 TCNA Handbook for Ceramic, Glass, and
Stone Tile.
• Facility Condition Assessment Report for
the International Swim Center prepared by
Kitchell for the City of Santa Clara, CA dated 31
January 2018.
• ASTM E797/E797M-21, Standard Practice for
Measuring Thickness by Manual Ultrasonic
Pulse-Echo Contact Method
• ASTM A168: Tentative Specifi cation for
Corrosion Resistant Iron-Chromium and Iron-
Chromium-Nickel Alloy Castings for General
Application
• ASTM D4580/D4580M-18, Standard Practice
for Measuring Delaminations in Concrete
Bridge Decks by Sounding
On September 27th, 2023, Christine Diosdado, P.E.
and Jesse Sipes, P.E. of SGH, conducted a visual
evaluation of roofs, exterior siding, fenestrations,
and shower rooms.

Building A contains low-slope, built-up roofs
with a gravel surfacing and steep-slope roofs
with architectural asphalt shingles. An octagonal,
steep-slope roof covers the main reception/
administration area and saw-tooth roofs extend
over the Men’s and Women’s Showers. The
remaining areas of the building (i.e., offi ces,
mechanical rooms, club offi ces, and the Men’s and
Women’s dressing rooms) are covered by a built-
up roof with a gravel ballast.

Other buildings on site (i.e., Buildings B, C, E, F
& G) have low-slope, built-up roofs with a gravel
surfacing.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 75 3.0 ASSESSMENT FINDINGS
56 ........ ,, '·- -.
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3.0 ASSESSMENT FINDINGS
Site Observations & Code Violations
During SGH’s site inspection, we noted the following
conditions and code violations:

Low-Slope Roofs
• The low-slope roof at Building A has 16 “skylight”
openings with no cover, safety barrier, or safety
markings. These unprotected roof openings pose
a potential fall hazard to the ground level below
(Appendix A, Photo 1) and violate the current
Code: Section 3212 of the California Code of
Regulations (CCR), Title 8 requires roof openings
to be guarded by a cover or a guardrail on all
sides of the roof opening. This safety hazard is
exacerbated by the ease of roof-level access,
where a single fl ight of stairs leads directly to the roof (Appendix A, Photo 2). There are no locked
gates or restrictions to the roof level.
• The perimeter of the low-slope roof has no
safety barriers, tie-off s, or edge delineation. This
condition poses a fall hazard, especially given
the unrestricted, roof-level access. This condition
also violates the current code: Section 3210
of CCR, Title 8 requires guardrails along roof
edges more than 30 inches above the ground.

Alternatively, a zone along the roof edge can
be marked to discourage anyone from walking
within that zone, but zone marking alone is not
code-compliant.
• No walkway pads exist leading to the mechanical
equipment. Walkway pads delineate safe paths
of travel on roofs and reduce foot traffi c on the
roof surface, thereby reducing wear and tear.
• Approximately 40% of the built-up roof exhibits
signs of distress and inadequate drainage, such
as bar spots and cracked plies and asphalt.
• Debris (e.g., dislodged asphalt shingles,
swimming attire, wood crates) exists on the roof
(Appendix A, Photo 3).
• Missing pipe insulation.
• Sheet metal fl ashings, rooftop mechanical
equipment, and other metal roof components
exhibited moderate to severe corrosion and rust.
• Wide parapet caps and rooftop mechanical
chutes exhibited oil canning (i.e., visible,
wavy distortion that aff ects cold-rolled metal
products) (Appendix A, Photo 4).
• The roofs on Buildings B, C, E, F, and G also
exhibited signs of wear and tear, such as worn
areas and cracked plies.

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3.0 ASSESSMENT FINDINGS
Steep-Slope Roofs
• Approximately 60-70% of the composite,
asphalt shingles at the saw-tooth roofs are
inadequately adhered and could be lifted with
relative ease. These poorly adhered shingles
occur along the rake edge and within the fi eld
of the roof (Appendix A, Photos 5 & 6). Algae
growth exists on the downslope edges of
asphalt shingles (Appendix A, Photos 7 & 8).
• Approximately 70% of the asphalt shingles we
checked at the octagonal, steep slope roof are
dislodged or inadequately adhered. Most of
the asphalt shingles on the hips are dislodged,
missing, or have signifi cant granular and •
The missing shingles on the hips align with the
ceiling cracks, nail pops, and bubbling in the
gypsum wallboard below (Appendix A, Photos
9 & 10).

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3.0 ASSESSMENT FINDINGS
Service Life Assessment
According to the architectural drawings prepared
by Prodis Associates Architects dated 16 June
1999, the low-slope and steep-slope roofs over the
Men’s and Women’s showers and dressing areas
are identifi ed as a “new,” part of a 1999 expansion
project. Therefore, these roofs are 24 years old. The
remaining low-slope and steep-slope roofs, which
are labeled as “existing,” appear to be from the
original 1966 construction, making them 57 years
old. The typical lifespan for architectural asphalt
shingles ranges from 20 to 30 years . The typical
useful life for built-up roofs is 20 to 30 years, with
some lasting as long as 40 years.

Conclusions & Recommendations
The roofs at this Facility exhibit signifi cant distress and deterioration. Further, the roofs are beyond
their useful service life, particularly the low-slope,
built-up roofs. Lastly, the layout and confi guration
of the low-slope roofs near openings and along the
perimeter fail to comply with current safety codes
and standards. Given the current condition and
confi guration of the roofs and roof accessories, we
recommend wholesale removal and replacement
with code-compliant roofs.
• Sheet metal fl ashings, rooftop mechanical
equipment, and other metal roof components
exhibit moderate to severe corrosion and rust
(Appendix A, Photos 11 & 12).
• Sealant repairs at fl ashing were splitting and
deteriorated (Appendix A, Photo 13).
• Incomplete integration of roof fl ashing to
stucco-clad walls results in sizeable gaps and
exposed stucco lath and accessories (Appendix
A, Photo 14).
• Signifi cant wood decay occurs at common and
hip rafter exposed ends (Appendix A, Photos 15
& 16).

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over metal lath over 2 layers of building paper. The
two layers of building paper are intended to serve
as the code-mandated, water-resistive barrier
(WRB) for the stucco wall assembly. The remaining
exterior walls including the T-1-11 siding of Building
A, which are labeled as “existing,” appear to be
part of the original 1966 construction, making them
57 years old.

Site Observations & Code Violations
During SGH’s site inspection, we noted that
several cuts had been made in the perimeter walls
outboard of the Men’s and Women’s showers and
were covered with plywood, painted to match the
surrounding stucco. To determine the as-built wall
assembly and the current condition of the exterior
wall components, we asked that the plywood be
removed. Upon removal of the plywood, we noted
the following conditions and Code violations:

Stucco Wall & Aluminum Framed Windows
• Signifi cant and extensive decay and cross-
sectional loss of the load-bearing wood studs.
• Extensive and signifi cant decay of the
exterior plywood sheathing behind the stucco
assembly.
• Extensive corrosion and signifi cant cross-
sectional loss of metal components (i.e., copper
pipes, metal tracks, nails, and metal lath).

The exterior walls of Building A are clad with T1-11
plywood siding, 3-coat stucco (cement plaster), and
roughcast stucco. The clubhouse offi ce and the south and north walls of the multi-purpose area are clad
with T1-11 plywood siding. The mechanical wing and
the west wall of the multi-purpose room are clad with
roughcast stucco, and the remaining exterior walls are
covered with standard, 3-coat stucco.

Buildings B, C, E, F, and G are also clad predominantly with stucco.

According to the architectural drawings prepared
by Prodis Associates Architects dated June 16th,
1999, the stucco walls enclosing Men’s and Women’s
showers and dressing areas are identifi ed as “new,”
built during the 1999 expansion. The wall details on
Sheet AD3 require the installation of cement plaster

3.0 ASSESSMENT FINDINGS

EXTERIOR WALL CLADDING & FENESTRATIONS
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3.0 ASSESSMENT FINDINGS
• The soil erosion behind the canopy bleachers
and around the canopy tower has caused vertical
off sets in the concrete walkway, excessive stucco
cracks at the canopy bleacher walls (Appendix
A, Photo 23) and shifted the walkway and the
roof deck downspouts (Appendix A, Photo 24).
• The weep screed abuts the concrete fl atwork
(Appendix A, Photo 25) or is less than 4 in. from
grade (Appendix A, Photo 26). Section 2512.1.2
of the 2022 CBC requires a 2 in. clearance
between a weep screed and hardscape and a 4
in. clearance between a weep screed and grade.

The current condition violates the code.
• Missing building paper layers, which means there
is no code-required, water-resistive barrier.
• Stucco cracks, spalls, and patches at all stucco-
clad buildings.
• Water stains on stucco soffi ts with no soffi t drip screed or other provision to weep.
• The aluminum windows and storefronts
at Building A show signs of wear and tear,
including deteriorated glazing seals and gaskets
(Appendix A, Photos 17 & 18).
• Signifi cant wood decay at exterior window trim
(Appendix A, Photo 19)
• Extensive corrosion and deterioration at exterior
hollow metal doors (Appendix A, Photo 20).

We also documented the condition of the stucco
walls at Building D, the Canopy Tower, and noted the
following conditions and code violations:
• Extensive cracks throughout the stucco wall
forming a checkerboard pattern (Appendix A,
Photo 21). We also noticed pronounced buckling
of the walls and large stucco spalls, most likely
from soil settlement in this general vicinity
(Appendix A, Photo 22).
•
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3.0 ASSESSMENT FINDINGS
Service Life Assessment
The typical lifespan for T1-11 plywood siding
ranges from 20 to 30 years, assuming it is painted
every 10 years. The T1-11 siding at the ISC Facility
is well beyond its useful life, as evidenced by
the signifi cant decay and cross-sectional loss
described above. All T1-11 clad walls need to be
removed and replaced, along with any decayed
wood framing members within the wall cavity.

Aluminum-framed windows have a typical
service life range of 15-20 years or up to 30 with
proper maintenance . The aluminum windows
and storefronts are well beyond their useful life,
as evidenced by loose/short exterior gaskets
and deteriorated glazing sealant. The aluminum
windows and storefronts should be removed
and replaced with products meeting the water
penetration resistance required for this area and
application.

While stucco can provide as a serviceable cladding
for over 50 years if design and maintained
properly, the stucco walls at the Facility are
exhibiting signs of water damage, such as cracking,
spalling, staining, and mildew growth. We also
did not observe any water-resistive barrier in the
destructive opening through the stucco assembly.

If the other stucco-clad walls at Building A have no
water-resistive barrier), then all stucco-clad walls
will need to be removed and rebuilt.

SHOWER FACILITIES IN

BUILDING A
Building A contains Women’s and Men’s showers
which were built as part of the 1999 expansion
project. According to Kitchell’s Facility Condition
Assessment Report dated January 31st, 2018,
“dripping water was present at the bottom of
exterior walls by the showers of the addition,
indicating water leakage through the exterior
wall.” Previously, the City evaluated these reported
leaks and made several interior and exterior
wall openings at these showers. Based on their
observations of leaking pipes and signifi cant wood
decay of vertical load-bearing framing, the City
closed access to the Men’s and Women’s shower
T1-11 Siding
During SGH’s site inspection, we noted the following
conditions and code violations:
• The Clubhouse and multi-purpose wing walls
exhibited signifi cant wood decay forming large
holes in T1-11 siding. The holes in the T1-11 siding
expose a single layer of Type B building paper over
an open wood stud cavity.
• The wood trim throughout the complex,
particularly the T1-11 siding, which is signifi cantly decayed and covered with fl aking paint. We were
able to push the awl into the trim with relative
ease.

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3.0 ASSESSMENT FINDINGS
enclosures.

According to the architectural drawings prepared
by Prodis Associates Architects dated 16 June 1999,
the interior shower walls consist of ceramic tile over
a mortar bed, lath, and membrane on stud framing.

However, the type of membrane is not identifi ed in
the drawings.

Site Observations & Code Violations
During SGH’s site inspection, we noted the following
conditions and code violations:

Showers
• Sizeable cracks in the ceiling and wall fi nishes
(Appendix A, Photos 27 & 28) and cracks and
gaps within the tile assembly particularly at
inside wall corners and at tile ledges (Appendix
A, Photo 29). The location and pattern of
cracking indicate wall movement.
• Water stains and chipped paint exist on the non-
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3.0 ASSESSMENT FINDINGS
Two layers of building paper fail to meet this
requirement.

Conclusions & Recommendations
The Men’s and Women’s showers in Building A
exhibit signifi cant structural distress and water
damage. Further, the exterior and interior wall
assemblies fail to comply with current building
code and standards. Given the current condition
of these showers, we recommend wholesale
demolition and reconstruction of these spaces
with code-compliant showers and perimeter wall
assemblies.

Metal Structures and Components
On September 27th, 2023, Alan Humphreys of
SGH, an AMPP-certifi ed Corrosion Engineer,
conducted a visual corrosion evaluation of the
metal structures and components at the Facility.

He also measured the thickness of select metal
components using an ultrasonic thickness (UT)
gauge to evaluate section loss due to corrosion.
tiled portion of the shower enclosures, indicative of
water damage (Appendix A, Photos 30, 31 & 32).
• Debonded ceramic tiles expose a discolored and
discontinuous mortar bed (Appendix A, Photos 33
& 34)
• Pronounced effl orescence and discolored residue
exist along the base of the tile walls, around
shower escutcheon plates, and at tile grout lines
(Appendix A, Photos 35, 36 & 37) indicative of
water leakage through the tile assembly.
• At an interior wall opening, we observed ceramic
tile over a mortar bed over expanded wire lath
over 2 layers of grade D building paper. It appears
that these two layers of building paper were
installed as the shower membrane. Current shower
wall standards require a waterproofi ng membrane
inside the shower area extending the full height of
the tile assembly and water vapor management.

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CANOPY BLEACHER STRUCTURE

3.0 ASSESSMENT FINDINGS
SGH inspected the canopy bleacher structure,
including the support columns, support truss
structure, canopy panels, and canopy tower. During
our visual inspection and UT testing, we noted the
following:

Canopy Columns
• The eight columns supporting the canopy truss
structure appear to be in good condition. The
base coating of these columns is well adhered
to the steel substrate, but the top coating is
delaminating in discrete, localized areas. We
did not observe any signifi cant corrosion of the
steel substrate, even at the low point where the
columns intersect the concrete bleacher steps. • UT measurements taken at the base of the eight columns (1 in. to 6 ft above the bleacher
steps) show no signifi cant variations in the steel
thickness with height or between the columns.

Refer to these UT measurements in Table 1.

These consistent thickness measurements
indicate little to no corrosion of the inner surface
of the tubular columns.

Canopy Support Truss Structure
• A truss structure supports canopy panels and
the now obsolete solar heating panels and
tubing. The truss structure consists of steel
I-beams and channels with welded and bolted
connections.

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3.0 ASSESSMENT FINDINGS
Canopy Panels and Gutters
The corrugated canopy panels are connected by
bolts to the bottom of the truss structure. We
inspected approximately 10% of the topside of the
canopy, and noted the following:
• The canopy panels appear to be in relatively
good condition with the original coating on the
top surface of the panels intact and no crevice
corrosion between the fasteners and roof
panels.
• The canopy support truss structure generally
appears to be in good condition. The base coating
is well adhered to the steel, but the top coating is
delaminating.
• We did not observe any signifi cant corrosion
(section loss) in the structural steel or fasteners in
the areas we inspected.

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3.0 ASSESSMENT FINDINGS
• Infrequent and discrete locations in the
trough of the panels with through-thickness
corrosion occur. Leaves and other debris have
accumulated throughout the troughs of the
roof panels, but there did not appear to be a
correlation between debris accumulation and
corroded areas. The corrosion is highly localized
(less than 12 in.) with the coating immediately
adjacent to these locations in relatively good
condition.
• The gutters along both edges of the roof are
completely corroded with cross-sectional loss at
multiple sections.

Canopy Tower
The canopy tower (Building D) contains metal
components such as the staircase, railings, pipe
risers, doors, and frames. We noted the following:

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3.0 ASSESSMENT FINDINGS
Lab Analysis
We conducted laboratory analysis on (top) coating
samples from a canopy support column and
canopy support truss structure. We used Energy
Dispersive Spectroscopy (EDS) to determine
the chemical composition of both coatings and
determine whether lead is present. We did not
detect the presence of lead in either coating.

Conclusions & Recommendations
The canopy support columns and canopy support
truss structure appear to be in good condition.

We recommend stripping the current coating and
recoating them with a two-part epoxy coating. We
did not detect lead in our coating analysis at these
locations. The localized corrosion on the canopy
panels is likely due to original local coating defects
rather than debris accumulation and ponding
water. These local areas could be cut out and
replaced, with the remaining panels stripped and
recoated. However, it might be more cost-eff ective
to replace these panels. The canopy gutters are
corroded past their useful life and should be
replaced with a non-metallic gutter system. The
canopy tower appears to be in good condition
and no work is required on the stairs or railings.

The corroded door and frames should be replaced
with components that are designed for external
exposure. The solar heating pipe risers should be
removed, and the local deformation of the roof
panels repaired.
• The two riser pipes for the redundant solar heating
system appear to have subsided into the ground.

These have, in turn, pulled down adjacent pipe
supports on the roof, resulting in deformation of
the roof panel connected to these supports.

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The dive tower consists of metal components such
as a staircase, stair handrails, platform railings, and doors. We noted the following:

Dive Tower Staircase
• The dive tower staircase is in poor condition with
extensive corrosion, particularly on fl at surfaces
and crevices. Welds are also corroded with the
lower section more heavily corroded than the
upper section.
• Many of the original coatings have completely
delaminated, resulting in a signifi cant
accumulation of corrosion products.
• Areas of white corrosion products exist
underneath delaminated sections of coating.

DIVE TOWER

3.0 ASSESSMENT FINDINGS
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Dive Tower Viewing Windows
We inspected the dive tower viewing windows,
located beneath the pool deck, and noted the
following:
• The window frames are not coated and appear
to be galvanized steel.
• The adjacent concrete is cracked with evidence
of water seepage and a small, active leak at
one location.
• The top and side elements of the galvanized
frames are heavily corroded.

Dive Tower Platform Railings
• The railings along the edge of the dive tower
platforms appear to be in good condition with
intact coatings and no visible corrosion. However,
we observed coating loss and corrosion at the
base of the railings at the plane of the pool deck.
• We were unable to conduct UT measurements
at these locations, but using a knife to remove
corrosion products we measured corrosion loss of
at least 1/8 in.

3.0 ASSESSMENT FINDINGS
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Conclusions & Recommendations
The dive tower staircase is heavily corroded and
should be replaced. The white corrosion products
that we observed suggest that underneath the
coating, the metal substrate is galvanized, which
is not a suitable coating for structures such as
these which are frequently wet and enclosed in
a humid environment. We recommend removing
and replacing it with a code-compliant structure
fabricated from a corrosion-resistant alloy, such as
316 stainless steel.

The railings on the dive tower platforms are
corroded at their base, which has likely aff ected
their structural integrity. The railings should also be replaced with a code-compliant structure fabricated
from a corrosion-resistant alloy.

The galvanized window frames at the viewing
area are heavily corroded due to water infi ltration
through the concrete. We recommend that once the
concrete has been repaired and waterproofed, these
frames are replaced with frames fabricated from a
corrosion-resistant alloy such as 316 stainless steel.

Building A Canopy Supports
We inspected the metal poles that are supporting
the Building A canopy and noted the following:
• The posts, particularly at deck level, exhibit
coating failure and localized corrosion of up to
50%.

Conclusions & Recommendations
The Building A canopy supporting poles have
corroded at several locations, especially at their
base, with thickness loss of up to 50%. We
recommend that these poles be replaced with
carbon steel posts coated with a 2-part epoxy
system
.

3.0 ASSESSMENT FINDINGS
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Conclusions & Recommendations
We observed localized corrosion staining around
the pool deck at crack locations, suggesting
that localized rebar corrosion is occurring. Local
concrete repairs and waterproofi ng the deck
should eliminate this corrosion.

General Pool Deck
We conducted a brief inspection of the general deck
around the diving well and competition pool and
noted the following:
• The concrete deck is cracked with occasional
corrosion staining.
• The pool tiles at the waterline are corroded.

3.0 ASSESSMENT FINDINGS
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On September 27th, 2023, Anindya Dutta, Ph.D.,
S.E. and Megan Ladd, S.E. of SGH conducted a
visual evaluation of the concrete structures and
components at the Facility.

Concrete Pool Deck
The concrete pools and decks at Santa Clara Swim
Center were designed and constructed circa 1966.

Based on available drawings from the diving pool,
we understand the pool construction to consist of
varying thickness reinforced concrete walls with a
thickened concrete bond beam at the top of the
pool wall. The base of the pool is constructed of
a 6-inch reinforced concrete slab on grade with a
thickened edge at the wall support (Figure 1).

The decks surrounding the pools are constructed of
4- and 6-inch reinforced concrete slabs bearing on a
minimum of 4 inches of drain rock or gravel. The sole
section of the pool deck featuring an elevated slab is
the approximately 24 feet by 16 feet section located
to the east of the diving pool in the Viewing Room
Area (Figure 2).

The elevated slab spans between an upturned edge
beam and the bond beam at the top of the pool
wall, with a cold joint between the slab and the bond
beam as indicated in the original drawings (Figure 3)

3.0 ASSESSMENT FINDINGS

CONCRETE STRUCTURES AND COMPONENTS
Figure 1: Section at Viewing Room
Figure 2: Plan of Diving Pool
Figure 3: Section Bond Beam at Viewing Room
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 92 73
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AQUATIC
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• The topside of the elevated deck slab above
the viewing room has patching mortar applied.

SGH detected delamination of the patch
material when performing a chain drag.
• The underside of the viewing room elevated
slab has a large crack running longitudinally
along the slab. The crack is beginning to initiate
spalls, representing a safety hazard. Outside
of the spalled region, the underside of the slab
appeared in sound condition when we hit it
with a sounding hammer.

SGH Observations
During SGH’s site investigation, we noted the following conditions and code violations:
• SGH performed a chain drag at the topside of
all pool deck slabs. A chain drag test is a non-
destructive testing method used to evaluate the
presence of delamination in concrete structures.

The process involves dragging a chain across
the surface of the concrete and listening for
changes in sound, which can indicate areas where
delamination may be present.
• SGH performed a ground penetrating radar
(GPR) survey of select locations of the concrete
pool deck construction. GPR is a non-destructive
testing technique that uses electromagnetic waves
to investigate subsurface conditions and can be
used to detect the location and depth of rebar
within concrete.
• The typical pool deck slab on grade has signifi cant cracking uniformly. These cracks are likely due
to several reasons including soil compaction and
settlement cracking, drying shrinkage cracking due
to the wide spacing between control joints. These
cracks do not represent a life-safety hazard but
could present serviceability issues.
•

3.0 ASSESSMENT FINDINGS
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• Signifi cant effl orescence and/or chemical
leaching is evident on the underside of the slab.
• The exterior face (viewing room side) of
the pool walls and the top bond beam both
have moderate cracks exhibiting signs of
effl orescence and or chemical leaching. The
observed cracks align with reinforcement
locations, as determined by our GPR survey.

This indicates that moisture is likely reaching
the reinforcement, and corrosion of the rebar is
probable.
• The cold joint between the elevated slab and the
bond beam appears moderately deteriorated
with signs of water intrusion between the
concrete joint.
• The metal frames for the windows inset into the
viewing room pool room are exhibiting signs of
severe corrosion.
• The underside of the viewing room elevated slab
has a large crack running longitudinally along the
edge beam to the east. The crack is beginning
to initiate spalls. Signifi cant effl orescence and or chemical leaching is evident on the underside of
the slab.

3.0 ASSESSMENT FINDINGS
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 94 75
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AQUATIC
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Service Life Assessment
Based on the date of initial construction, the pool
decks at International Swim Center are nearly sixty
years old. The expected lifespan of an exterior
exposed concrete structure ranges between
50 to 70 years. The expected service life varies
signifi cantly based on environmental conditions,
exposure to chemicals and water, maintenance
practices, and the quality of initial construction.

The initial construction quality of the pool decks
appears to be sound, with no observation of
exposed rebars (i.e., minimal concrete cover) or
poor compaction or consolidation of concrete.

However, there is signifi cant evidence of water
intrusion and chemical exposure at the viewing
room area.

Conclusions and Recommendations
The concrete pool decks at this Facility exhibit
signs of distress and deterioration. While the
cracking and settlement of the slabs on grade
do not present a life safety hazard, they may
pose serviceability issues. The current condition
of the elevated Viewing Room represents an
unsafe condition. Access to the Viewing Room
below or walking on top of the elevated slab
should be restricted. Given the condition of the
elevated deck, we recommend locally removing
and replacing the elevated slab and beam at the
earliest.

3.0 ASSESSMENT FINDINGS
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 95 76
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AQUATIC
■
A combination of formed concrete bleachers
and aluminum seats supported by steel stringers,
constitute the stadium bleachers. The original
concrete bleachers, designed and constructed circa
1966, consist of reinforced concrete foundation
elements bearing on a base of compacted rock.

Based on available drawings (Figures 4 & 5), it
appears that the steps of the bleachers are not
reinforced in a way that reinforced concrete stairs
typically are (presence of L shaped rebars with a
nosing bar).

In 1981, the stadium seating was expanded with
additional concrete seats to match the existing
setup. Additional aluminum seats supported by steel
stringers and posts were also added. Lateral support
for this system was provided by cable braces
(Figure 6). The exterior perimeter of the stadium
bleachers was framed with light gauge metal stud
walls. Unfortunately, details for the stadium seating
expansion were unavailable in the existing drawings
available for review.

SGH Observations
During SGH’s site investigation, we noted the
following conditions:
• Both concrete and metal stadium seats are
present.
• The concrete slab and steps appear in fair
condition, with moderate settlement cracking
observed.
• The steel beam stringers, posts, and seat support
elements are painted and appear to be in sound
condition with no visible signs of corrosion.

3.0 ASSESSMENT FINDINGS

CONCRETE STADIUM BLEACHERS AND STEPS
Figure 4 - Stadium Bleacher Plan
Figure 5 - 1966 Concrete Bleacher Section
Figure 6 - 1981 Concrete Bleacher Section
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 96 77
· ... -r r , ... r ~ ·-
• (f.=fh~••• -•~'.;:-~~ O ••!!. •
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@-:!:.'~,'J'! ,,.'t"°"'" l • • •. :1 ;l ,wa.e..1u::m,
,\
AQUATIC ......... u.
■
Service Life Assessment
The expected service life of the concrete and
steel stadium structures varies signifi cantly
based on environmental conditions, maintenance
practices, and the quality of initial construction.

The initial construction appears to be sound,
with no observation of exposed rebar or poor
consolidation in the concrete elements. The steel
stadium bleacher framing also appears of sound
condition, with no observation of missing bolts,
inadequate edge distance, poor quality welds, etc.

If properly maintained, the stadium bleachers can
remain in service for a signifi cant period of time.

Conclusions and Recommendations
The construction of the stadium bleachers appears
to be in fair condition structurally. However, we
note that architecturally, there may be some
concerns. The settlement of the concrete stair
elements may constitute a trip hazard. If the
hazard is deemed signifi cant, the concrete steps
and slabs should be removed, soil compacted, and
replaced in kind.

Additionally, given the exterior condition of the
stadium, the non-galvanized light gauge stud
wall framing should be replaced with galvanized
construction.

Annual visual observations of the structural steel
elements should be performed to inspect for signs
of corrosion or deterioration.
• Many of the studs for the perimeter walls have
been replaced with newer galvanized studs,
however top and bottom tracks appear to be
original and exhibit signs of corrosion. These light
gauge stud and track elements are not structural
elements.

3.0 ASSESSMENT FINDINGS
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 97 78
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S-~ AQUATIC
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The stadium roof was designed and constructed
circa 1977. It measures approximately 380 ft by 85
foot in plan and is framed with steel trusses running
in both the north-south and east-west directions.

Built box-WF columns support the steel trusses,
these columns are founded on 48 in. diameter drilled
pier foundations (Figure 7).

Per the drawings, these drilled piers extend 12 ft into the soil, and the steel columns embed approximately
6 ft into the concrete foundation (Figure 8).

3.0 ASSESSMENT FINDINGS

STEEL STADIUM ROOF
Figure 7: Stadium Roof Sections.

Transverse (S.4) and Longitudinal (A.5)
Figure 8: Foundation Detail
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 98 79
r!
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AQUATIC Ill
• The paint of the structural steel trusses is
spalling at locations, however, we observed no
corrosion of steel members observed.
• The metal deck appears to be in fair condition.
• We observed signifi cant corrosion of the metal
gutter at the edge framing of the roof; refer
to the “Metal Structures and Components:
section. The gutter is fabricated of a bent 18
Ga. plate and is not a structural element.
• While the steel structure appears of sound
construction, we note that the lateral system of
the stadium roof consists of a steel cantilever
column system. Per the current Building Code
(2022 California Building Code), “Steel Special”
Cantilever Column Systems are permitted
in Seismic Design Category-D for building
heights of up to 35 ft``. “Ordinary” Cantilever
Column Systems are also permitted up to
The double-angle truss braces are connected to the
double-angle top chords and double-channel bottom
chords via welded plate connections. A corrugated
metal deck serves as the roof deck and is fastened to
the underside of the bottom chord of the steel trusses.

Arrays of solar panels are present on the roof, which
were previously in use as part of a solar water-heating system for the pool but have since been disconnected.

SGH Observations
During SGH’s site investigation, we noted the following conditions and code violations:
• The structural steel members appear to be in fair
condition with minimal signs of local corrosion.

3.0 ASSESSMENT FINDINGS
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 99 80
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S-~ AQUATIC
■
heights of 35 ft provided the roof weight does
not exceed 20 psf. Given the age of construction,
it is unlikely that the system meets the detailing
requirements of a special system and would thus
constitute as an ordinary system. Based on the
drawings and our observations, the roof weight
is within the limits (especially if the solar heating
elements and supporting steel is removed) and
the structure height is less than 35 ft. Thus, it
is an allowable lateral system per the current
Building Code. However, it is likely that the
diaphragm (deck), chords, and collectors would
require strengthening in order to meet current
design loads. The pier foundation system should
also be checked against updated geotechnical
recommendations to confi rm its adequacy.

Service Life Assessment
Provided proper maintenance practices, such as
inspections for corrosion and regular re-painting, the
stadium roof structure can remain in service for a
number of additional years.

Conclusions and Recommendations
We recommend that the Facility Ownership
engage a structural engineer to perform a detailed
seismic evaluation of the stadium roof structure, to
identify any structural defi ciencies, and to propose
strengthening remediations in order to bring the
structure into Code compliance. SGH has signifi cant
experience in this type of work.

Annual visual observations of the structural steel
elements should be performed to inspect for signs
of corrosion or deterioration.

3.0 ASSESSMENT FINDINGS
GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 100
81 ,\ ■ SGH AQUATIC I

4.0 APPENDIX

CORDOVA COMMUNITY POOL
82 --

Photo 1
2023-09-27 JRS 114

Building A

Unprotected roof openings
pose a potential fall hazard
to the ground level below.

Photo 2
2023-09-27 CD 180

Building A
Roof level access

Single flight of wood stairs
leads directly to the roof
with no locked gates or
restrictions to the roof
level.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 83 ,\
S--~ AQUATIC

Photo 3
2023-09-27 CD 233

Building A
Low slope roof

Debris (e.g., dislodged
asphalt shingles,
swimming attire, wood
crates) exist on the roof.

Photo 4
2023-09-27 CD 265

Building A
Roof

Rooftop mechanical ducts
exhibit oil canning and
stains from potential
ponding water.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 84 ,\ -AQUATIC 11B

Photo 5
2023-09-27 CD 193

Building A
Steep-slope roofs

Poorly adhered shingles
occur at the slope
transition sheet metal.

Photo 6
2023-09-27 CD 195

Building A
Steep-slope roofs

Poorly adhered shingles
occur along the rake edge
and within the field of the
roof.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 85 ,\
S--~ AQUATIC

Photo 7
2023-09-27 CD 248

Building A
Steep-slope roofs

Organic growth exists on
the downslope edges of
asphalt shingles - see
Photo 8 for close up.

Photo 8
2023-09-27 CD 249

Building A
Steep-slope roofs

Algae growth exists on the
downslope edges of
asphalt shingles.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 86 ,\ -S--~ AQUATIC 11B

Photo 9
2023-09-27 CD 100

Building A
Steep-slope roofs

Missing shingles on the
roof hips align with the
ceiling crack, nail pops,
and bubbling in the
gypsum wallboard.

Photo 10
2023-09-27 CD 101

Building A
Steep-slope roofs

Bubbling in the gypsum
wallboard paint finish
(close-up of Photo 9).

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 87 ,\ -S--~ AQUATIC 11B

Photo 11
2023-09-27 CD 204

Building A
Roof components

Sheet metal flashings,
rooftop mechanical
equipment, and other
metal roof components
exhibit moderate to severe
corrosion.

Photo 12
2023-09-27 CD 256

Building A
Roof components

Pipes and metal roof
components exhibit
varying degrees of
corrosion.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 88 ,\
S--~ AQUATIC

Photo 13
2023-09-27 JRS 134

Building A
Steel-slope roofs

Previous sealant repairs at
flashing are splitting and
deteriorated.

Photo 14
2023-09-27 JRS 103

Building A
Steep-slope roofs

Gapped roof edge flashing
exists at the top of the
stucco-clad walls.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 89 ,\ -S--~ AQUATIC 11B

Photo 15
2023-09-27 JRS 188

Building A
Steep-slope roofs

Significant wood decay at
the exposed ends of
common and hip rafters.

Photo 16
2023-09-27 JRS 194

Building A
Steep-slope roofs

Significant wood decay at
the exposed ends of
common and hip rafters.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 90 ,\
S--~ AQUATIC
Photo 17
2023-09-27 JRS 268

Building A
Building Elevation

Window frames are worn
and glazing seals are
deteriorated.

Photo 18
2023-09-27 JRS 218

Building A
Building Elevation

Aluminum-framed
windows are weathered.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 91 ,\ -S--~ AQUATIC 11B

Photo 19
2023-09-27 CD 203

Building A
Exterior window

Significant wood decay
exists at exterior window
trim.

Photo 20
2023-09-27 CD 291

Building A
Exterior door

Exterior hollow metal
doors are corroded and
deteriorated and
significant wood decay of
wall siding in foreground.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 92 \
\
,\ -S--~ AQUATIC 11B

Photo 21
2023-09-27 CD 39

Building D
Stucco wall

Extensive cracks exist
throughout the stucco wall
cladding form a
checkerboard pattern.

Photo 22
2023-09-27 CD 346

Building D
Stucco wall

Soil settlement exists
behind the stucco-clad
bleacher walls.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 93 ,\ -S--~ AQUATIC 11B

Photo 23
2023-09-27 CD 390

Building D
Stucco wall

Extensive, relatively wide
cracks exist in the stucco-
clad bleacher walls.

Photo 24
2023-09-27 CD 364

Building D
Canopy bleachers

Soil erosion occurs around
column foundations and
along the concrete slab
walkway. The roof deck
downspouts have
separated from the
foundations.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 94 ,\ -S--~ AQUATIC 11B

Photo 25
2023-09-27 CD 326

Building D

The stucco wall weep
screed abuts the concrete
flatwork.

Photo 26
2023-09-27 CD 341

Building D

The stucco wall weep
screed is less than 1 in.
above grade.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 95 ,\

AQUATIC

Photo 27
2023-09-27 CD 72

Building A
Women's Showers

Sizeable cracks exist in the
plaster ceiling and wall
finishes. The location and
pattern of cracking indicate
wall movement.

Photo 28
2023-09-27 CD 136

Building A
Men's Showers

Over 1/8 in. wide cracks
exist in the plaster wall
finish adjacent to tile.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 96 Photo 29
2023-09-27 CD 68

Building A
Women's Showers

Cracks and gaps within the
tile assembly particularly
at inside wall corners and
at tile ledges.

Photo 30
2023-09-27 CD 134

Building A
Shower facility

Water stains and chipped
paint exist on the non-tiled
portion of the shower
enclosures indicative of
water damage.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 97 ,\ -S--~ AQUATIC 11B

Photo 31
2023-09-27 CD 127

Building A
Shower facility

Water stains and chipped
paint exist on the non-tiled
portion of the shower
enclosures.

Photo 32
2023-09-27 CD 129

Building A
Shower facility

Water stains and chipped
paint exist on the non-tiled
portion of the shower
enclosures.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 98 ,\ -S--~ AQUATIC 11B
Photo 33
2023-09-27 CD 74
Building A
Shower facilities

Debonded ceramic tiles
exist on the small shelf
below the shower valves
and heads. The mortar bed
under the debonded tiles
is discolored and
discontinuous.

Photo 34
2023-09-27 CD 75

Building A
Shower facilities

Debonded ceramic tiles
expose the underlying
discolored and
discontinuous mortar bed.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 99 ,\ -S--~ AQUATIC 11B

Photo 35
2023-09-27 CD 123

Building A
Shower facility

Pronounced efflorescence
and discolored residue
exists along the base of
the tile-clad walls,
Photo 36
2023-09-27 CD 145

Building A
Shower facility

Pronounced efflorescence
and green residue exist
around shower control
escutcheon plates.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 100
,\ -S--~ AQUATIC 11B

Photo 37
2023-09-27 CD 133

Building A
Shower facility

Efflorescence and
gray/white residue exist on
the tile grout and tiles.

GEORGE F. HAINES INTERNATIONAL SWIM CENTER VISUAL OBSERVATION ASSESSMENTS REPORT 101 ,\ -S--~ AQUATIC 11B

EBIX Insurance No. S200005126

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

ADAMS POOL SOLUTIONS

PREAMBLE
This Agreement is entered into as of the City's execution date (Effective Date) between the City of Santa Clara, California, a chartered California municipal corporation (City) and Adams Pool Solutions, a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A 1, entitled "Scope of Services";
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:

Exhibit A 1 - Scope of Services
Exhibit A2 - Racing and Training Pool Pictures
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance Addendum
Agreement with Adams Pool Solutions
Rev. 07-01-18

Exhibit E - Payment Bond
Exhibit F - Performance Bond
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings , whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date and terminate on June 30, 2025.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A 1 within the time stated in Exhibit A 1. Time is of the essence.

4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete , inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.

5. QUALIFICATIONS OF CONTRACTOR -STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services , and its duties and obligations , expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

Agreement with Adams Pool Solutions
Rev. 07-01-18

6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services , City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is specified in Exhibit B, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor 's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty , by giving not less than Thirty (30) days' prior written notice to Contractor.

B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement , in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor .

C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services . As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.

8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.

Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.

9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

Agreement with Adams Pool Solutions
Rev. 07-01-18

10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.

11. CONFIDENTIALITY OF MA TE RIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees Agreement with Adams Pool Solutions
Rev. 07-01-18

to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's SeNices hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the SeNices performed by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perform any portion of the Scope of SeNices - and shall expressly include passive or active negligence by City connected with the SeNices. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

B. Contractor's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.

15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the SeNices required under this Agreement Agreement with Adams Pool Solutions
Rev. 07-01-18

shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Dale Seale
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Contractor addressed as follows :

Adams Pool Solutions
3675 Old Santa Rita Road
Pleasanton, CA 94588
[email protected]
The workday the e-mail was sent shall control the date notice was deemed given .

An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal , state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299 ).

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Agreement with Adams Pool Solutions
Rev. 07-01-18
Page6
following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition , genetic information , sexual orientation , gender expression , gender identity, military and veteran status, or ethnic background, in violation of federal , state or local law.

21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem , or distribute any information related to services under this Agreement in any magazine , trade paper, newspaper or other medium without express written consent of City.

22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California .

23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect , it shall not affect the validity of the other provisions, which shall remain in full force and effect.

24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.

25. COUNTERPARTS
This Agreement may be executed in counterparts , each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

Agreement with Adams Pool Solutions
Rev. 07-01-18

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

Approved as to Form :
-~ - ~µ
GLEN R. GOGGINS
City Attorney

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
"CITY"
· y Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone : (408) 615-2210
Fax: (408) 241-6771

ADAMS POOL SOLUTIONS
a California corporation
Dated : _ m?ttL-1'!0 ,..,....it/~ ~ r-n----- ---- -
By (Signature): ~ -------- - ---- -----Name: Debra Eula Title: CFO
Principal Place of 3675 Old Santa Rita Road
Business Address: Pleasanton , CA 94588
Email Address: [email protected]
Telephone: (925) 828-3100
Fax: N/A
Agreement with Adams Pool Solutions
Rev. 07-01-18
"CONTRACTOR "

EXHIBIT A1

SCOPE OF SERVICES
The following Scope of Services defines the Services and responsibilities of Contractor and City for replastering services at the George F. Haines International Swim Center.

The Scope of Services include Exhibit A 1 and Contractors bid response dated August 30, 2024 provide context, supplemental information, and are incorporated by reference to the extent not inconsistent with the Agreement.

1. OVERVIEW

1.1 Contractor shall provide pool replastering services for one racing pool and one training pool at the George F. Haines International Swim Center (ISC), including all labor, material, equipment, tools, etc. to provide services, in support of the Department of Parks & Recreation.

1.2 Site Address: 2625 Patricia Dr., Santa Clara, CA 95051

1.3 There are two pools that require replastering at the ISC, see below:

1.3.1 Racing Pool: Measures 164' 1 ½" long x 75' 1" wide and holds 599,000 gallons of water.

1.3.2 Training Pool: Measures 75' 1" long x 42' wide and holds 70,686 gallons of water.

1.4 See Exhibit A2 for pictures of the training and racing pool.

1.5 In addition, Contractor shall provide services to upgrade the drain in the training pool.

2. SCOPE OF SERVICES:

2.1 Services shall include, but are not limited to, the following:

2.1.1 Replastering the pool surface,

2.1.2 Replacing all underwater tiles with like in-kind color non-slip type,

2.1.3 Replacing missing tiles above water line with like and kind,

2.1.4 Replacing broken tiles above water line with like and kind,

2.1.5 Removing and replacing section of pool deck concrete west side middle pool ladder and resetting ladder sleeves,

2.1.6 Replacing all pool drain covers with new,

2.1.7 Replacing all pool water returns covers with new, and

2.1.8 Refilling pools once ready with potable water from hydrant across parking lot across from main entrance to the ISC.

2.2 The City shall be responsible for draining the pool prior to the commencement of services and will restart all pool circulation system components upon City's Agreement with Adams Pool Solutions/Exhibit A 1-Scope of Services Rev. 07-01-18

final approval after the completion of work.

2.3 Contractor shall pull all necessary permits with the County of Santa Clara prior to the commencement of services and finalize all permits with the County upon completion of services.

2.4 There are no permits required by the City.

2.5 Time is of the essence therefore the contractor must complete the project in an expeditious manner for the City to re-open the International Swim Center as soon as feasibly possible.

2.6 All materials furnished by Contractor , or used in the performance of services, shall be in new and unused condition.

3. GENERAL REQUIREMENTS
Contractor shall:

3.1 Comply with all applicable federal, state, and local codes and ordinances.

3.2 Ensure all work is performed in a professional manner within the standards of the industry and original manufacturer of equipment, using proper equipment , methods, materials, and employees.

3.3 Provide training and certification, including OSHA safety training, for Contractor's employees engaged in the performance of services specified herein.

3.4 Take necessary steps to protect the public and all property from damage during operations and shall be responsible for any damage to the work or property caused by the Contractor's employees.

3.5 Repair or replace any property that is damaged directly or indirectly resulting from Contractor 's work. This includes privately owned, as well as City-owned properties . This repair and/or replacement shall be done to the satisfaction of the City.

3.6 Ensure the worksite is left clean and in safe condition at the end of each workday, and at the conclusion of the project. The City shall not be responsible for any tools or equipment left onsite.

3.7 Safely remove and dispose of all debris.

4. POOL RESURFACING SERVICES
Contractor shall:

4.1 Provide all labor, materials, tools, transportation, supervision, and equipment necessary to resurface the racing pool and training pool at the ISC.

4.2 Remove all old plaster from the water line tile downward and apply new, white plaster using industry-standard methods . Finish shall be smooth throughout.

4.3 Remove all black, blue, and white tiles on the bottom of the pool, and replace them with new, slip-resistant tiles in matching colors .

Agreement with Adams Pool Solutions/Exh ibit A1-Scope of Services Rev. 07-01-18

4.4 Remove and replace, like in-kind, all main drain covers.

4.5 Remove and replace all pool water return covers .

4.6 Replace any missing or broken tiles above water line with like in-kind color and size.

4.7 Cut out cracked concrete around ladder handrail and replace it with new concrete and set handrails back in place. West side middle, long side, of the pool.

4.8 Refill the two pools with potable water once the plaster has been allowed to harden (cure), and in accordance with the manufacturer's recommended timeline . Pool shall be filled to waterline. The fire hydrant located outside of ISC front doors will be an available option for filling.

5. UPGRADE SERVICES FOR DUAL MAIN DRAIN SETUP FOR THE TRAINING POOL
Contractor shall provide the following services:

5.1 Saw cut the floor of the pool and excavate at exiting main drain 2'x8'.

5.2 Replumb the existing main line to meet code.

5.3 Backfill with gravel, as applicable.

5.4 Tie new steel.

5.5 Install concrete.

6. SCHEDULE OF PERFORMANCE

6.1 All work shall be performed during normal business hours, Monday to Friday between the hours of 7:00 a.m. and 4:00 p.m. Pacific Time.

6.2 Should the weather or other conditions not be suitable for the performance of work, the City Project Manager shall have the authority to suspend the work.

6.3 If the City Project Manager orders a suspension of all the work or a portion of the work, due to unsuitable/inclement weather or to such other conditions as are considered unfavorable to the suitable execution of the work, the days on which the suspension is in effect shall not be considered working days.

7. INSPECTION
7 .1 All work shall be subject to inspection by the City, at any time during the Contractor's performance of services.
7 .2 When the contract work has been satisfactorily completed and the final clean­ up performed, the City Project Manager will conduct a final inspection.

8. WORKMANSHIP WARRANTY REQUIREMENTS

8.1 All work shall be guaranteed against defects in workmanship and materials for Agreement with Adams Pool Solutions/Exhibit A1-Scope of Services Rev. 07-01-18

a period of no less than (1) year from date of completion of work. Typical wear, abuse.or neglect will be exempt.

8.2 Contractor shall repair or replace at his/her expense all other work, equipment.and/or material, including soil, that is damaged because of such defects.

9. WARRANTY REQUIREMENTS

9.1 The warranty period for materials shall be for a period of one year or within the manufacturers' warranty, whichever is the later period. The warranty period shall commence upon date of acceptance by the City. Contractor shall provide the City's authorized representative with all manufacturers ' warranty documents upon completion of service and prior to leaving the job site.

9.2 Contractor shall warrant all work provided against any defects in workmanship or product and shall satisfactorily correct , at no cost to the City, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon date of acceptance by the City.

Agreement with Adams Pool Solutions/Exhibit A 1-Scope of Services Rev. 07-01-18

EXHIBIT A2

RACING AND TRAINING POOL PICTURES

1. Racing Pool Pictures
Racing Pool
Agreement with Adams Pool Solutions/Exhibit A2-Racing and Training Pool Pictures Rev. 07-01-18

Southeast View of Racing Pool
Agreement with Adams Pool Solutions/Exhibit A2-Racing and Training Pool Pictures Rev. 07-01-18

Southwest View of Racing Pool
Agreement with Adams Pool Solutions/Exhibit A2-Racing and Training Pool Pictures Rev. 07-01-18

2. Training Pool Pictures
Training Pool
Agreement with Adams Pool Solutions/Exhibit A2-Racing and Training Pool Pictures Rev. 07-01-18
Page4
South View of Training Pool
Agreement with Adams Pool Solutions/Exhibit A2-Racing and Training Pool Pictures Rev. 07-01-18

Training Pool
Agreement with Adams Pool Solutions/Exhibit A2-Racing and Training Pool Pictures Rev. 07-01-18
Page6

EXHIBIT B

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION
The maximum amount payable for services provided by Contractor under this Agreement shall not exceed Four Hundred Twenty Thousand Seventy-Two Dollars {$420,072) during the term of the Agreement, subject to the appropriation of funds. Any additional services or materials requested by the City that would exceed the preceding amount would be addressed in an Amendment to the Agreement. The compensation is specified below:
t abor Ca.sts
Description Number of Hourly Total Labor
Hours Rate ,Cost
Labor to Replaster the Racing Pool 1480 $152.46 $225,641 Labor to Replaster the Training Pool 409 $149.20 $61,023 Labor to Upgrade the Main Drain Setup for 30 $160.00 $4,800 the TraininQ Pool TOTAL LABOR COSTS $291,464
Material Cost
Description TotaJ
Material Cost
Material Cost for Replastering the Racing Pool $97,283
Material Cost for Replastering the Training Pool $17,880 Material Cost for Upgrade to the Main Drain Setup for the Training $3,200 Pool TOTAL MATERIAL COSTS $118,363
Bonds Cost $10,245
MAXIMUM COMPENSATION NOT-TO-EXCEED $420,072

2. PRICING
Pricing is fixed for the term of the Agreement.

3. RATES FOR AS-NEEDED SERVICES

3.1. Should additional services be required the following rates shall apply:

3.1.1. Hourly Rate: $115

3.1.2. Parts/Materials Cost Markup %: 15%
Agreement with Adams Pool Solutions/Exhibit B-Schedule of Fees Rev. 07-01-18

4. INVOICING REQUIREMENTS

4.1. Contractor shall provide an invoice to the City upon project completion and City approval of work completion. The City shall pay Contractor within thirty (30) days of City's receipt of an approved invoice.

4.2. Invoice shall include, at a minimum, the following:

4.2.1. Date of Service

4.2.2. Description of Services

4.2.3. Unit Price/Hourly Rate/Parts Markup %

4.2.4. Quantity/Number of Hours

4.2.5. Extended Price

4.2.6. Other Pertinent Information
Agreement with Adams Pool Solutions/Exhibit 8-Schedule of Fees Rev. 07-01-18

EXHIBITC

INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury

2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf ' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01 . Liability coverage shall apply to all owned, non-owned and hired autos.

Agreement with Adams Pool Solutions/Exhibit C-lnsurance Requirements Rev. 07-01-18

In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.

C. WORKERS' COMPENSATION

1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accidenUBodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-contributing . Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other Agreement with Adams Pool Solutions/Exhibit C-lnsurance Requirements Rev. 07-01-18

insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance .

3. Cancellation .
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal , written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non­ renewal.

4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.

E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor , provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of Agreement with Adams Pool Solutions/Exhibit C-lnsurance Requirements Rev. 07-01-18

complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.

G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.

Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements . Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be emailed to:
ctsantacla [email protected]
Or mailed to:

EBIX Inc.

City of Santa Clara Department of Parks and Recreation
P.O. Box 100085- S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall Agreement with Adams Pool Solutions/Exhibit C-lnsurance Requirements Rev. 07-01-18
Page4
be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives .

Agreement with Adams Pool Solutions/Exhibit C-lnsurance Requirements Rev. 07-01-18

EXHIBIT D

LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements .

I. Prevailing Wage Requirements

1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk's office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.

Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed .

5. As a condition to receiving progress payments , final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment , all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including , but not limited to: certified Agreement with Adams Pool Solutions/Exhibit D-Labor Compliance Rev. 07-01-18

payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered "public works contractor " with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works contractor". Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney's fee relating to such fine.
11 . This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

J. Aud it Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Agreement with Adams Pool Solutions/Exhibit D-Labor Compliance Rev. 07-01-18

practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor's address indicated for receipt of notices in this Agreement.

K. Enforcement

1. City shall withhold any portion of a payment ; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.

City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.

These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window ; and $25 per day per worker for any overtime violation.

Agreement with Adams Pool Solutions/Exhibit D-Labor Compliance Rev. 07-01-18

PAYMENT BOND
DOCUMENT __ _

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
Bond #: 070225013
Premium: $10,502.00
This Construction Labor and Materials Payment Bond ("Bond"), dated October 29, 2024 ~-' is in the penal sum of Four Hundred Twenty Thousand Seventy- Two Dollars, ($420,072), and is entered into by and between the parties listed below to ensure the payment of claimants under of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs I through 13, attached to this page. Any singular reference to Adams Pool Solutions ("Contractor"),
The Ohio Casualty Insurance Company ("Surety"), the City of Santa Clara, California, a charted California municipal corporation ("City") or other party shall be considered plural where applicable .

CONSTRUCTION CONTRACT
City of Santa Clara Pool Replastering Services at the George F. Haines International Swim Center Contract RFB 24-25-06
Dated: October 29, 2024
In the amount of$420,072 Dollars
CONTRACTOR AS PRINCIPAL:

Contractor Name
Earl Adams Tile-Coping & Plastering, Inc.

OBA: Adams Pool Solutions
Principal Address of Business
3675 Old Santa Rita Road
Pleasanton, CA 94588
(Corp. Seal)
SURETY:

Surety Name:

The Ohio Casualty Insurance Company
Principal Address of Business
1850 Mt. Diablo Blvd., Ste 400
Walnut Creek, CA 94596
(Corp. Sea!)
Signature: __ ~--------- - - Signature:-"~'---'-___...-=-'---'---- - ----- Name: ~e);)~ 6,uca- Name: Wendy A. Stewart
Title: Title: Attorney-in-Fact
Approved as to Form:

City Attorney
Agreement with Adams Pool Solutions/Exhibit F-Performance Bond Rev. 07-01-1.8

CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
~.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
County of _ C_oo........, ...... TC~O."----'-C-~~-""-1------ On Ocn>'af 2q 1 202.l\ before me,~£ ~\(A)\, 61u,cu&;-~; \.\~ fb'o\k Date Here Insert Name and Title of the Officer
personally appeared __ ,..,,l.,,.{ .... nd"--~~__._,t,.___,.,_~3<...:..==y'\-'---'-____________ _ Name{s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~ ".'~~~:~ ~u:E :c;E :w:~; i
_ ~ Notary Public · talifomia z
i . ~ Contra Costa County ~
; Commission# 2462167 -
My Comm. Expires Sep 5, 2027
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature J.. ,,..Jr t5:J{i,.k
Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: "P4.Y)Mf.i\t ~d
Document Date: \0- 2.c?\-1."\ Number of Pages: ____ _
Signer(s) Other Than Named Above: __________ ______ _______ _ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: _ _______ ____ _ Signer's Name : ________ ____ _ □ Corporate Officer - Title(s): ______ _ □ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other : □ Other:

Signer is Representing : _ ________ _ Signer is Representing : _________ _ ©2019 National Notary Association

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthful ness, accuracy , or
validity of that document.

State of California I d
County of A ame a
on October 30, 2024 before me, Rebecca Moore, Notary Public (insert name and title of the officer)
personally appeared _ D_e_b_r_a_E_u_la __________ _ ____ _ _ ____ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
········1 REBECCA MOORE
Notary Public • California x
Alameda County !
Commission !I 2375023
y Comm. Expires Sep 13, 2025

PERFORMANCE BOND
DOCUMENT ___ _

CONSTRUCTION PERFORMANCE BOND
Bond #: 070225013
Premium: Included
This Construction Perfonnance Bond ("Bond"), dated October 29, 2024 ~. is in the penal sum of Four Hundred Twenty Thousand Seventy-Two Dollars, ($420,072), which is equal to one hundred percent of the Contract Price, and is entered into by and between the parties listed below to ensure the faithful perfonnance of the Construction Contract listed below. This Bond consists of this page and the Bond Tenns and Conditions, Paragraphs 1 through 12, attached to this page. Any singular reference to Adams Pool Solutions ("Contractor"), The Ohio Casualty Insurance Company ("Surety "), City
of Santa Clara, California, a chartered California municipal corporation ("City") or other party shall be considered plural where applicable.

CONSTRUCTION CONTRACT
City of Santa Clara Pool Replastering Services at the George F. Haines International Swim Center, Contract RFB 24-25-06
Dated: October 29, 2024
In the amount of$420,072 Dollars
CONTRACTOR AS PRINCIPAL:

Contractor Name
Earl Adams Tile-Coping & Plastering, Inc.

OBA: Adams Pool Solutions
Principal Address of Business
3675 Old Santa Rita Road
Pleasanton, CA 94588
(Corp. Seal)
Signature:~~~ !fM~ L~-
Name: /),1-MG@~
Title:

Approved as to Fonn :

City Attorney
SURETY:

Surety Name :

The Ohio Casualty Insurance Company
Principal Address of Business
1850 Mt. Diablo Blvd ., Ste . 400
Walnut Creek, CA94596
(Corp. Seal)
Signature: __ izfMt-=~-~-~-------­,
Name: Wendy A. Stewart
Title: Attorney-in-Fact
Agreement with Adams Pool Solutions/Exhibit F-Performance Bond Rev . 07-01-18
Page2
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
Countyof ~ (cdrn }
On Ocn>'ou'.", ).q, 102.L\ before me, ~i ~Hco\«. ~0,,als-Sw, •?P&, \l,taru ~\o\tc.

Date Here Insert Name and Title of the Officer ;J
personally appeared ------"\)..\IIJ3l..li..tt4.._-.A1141!1--1\.L..Lt,~~~~u-)O,a otf'!!....J~-------- ----- J Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~--··········1 · ;.?: ,.,, SUNDE NICOLE EDWAROS·STEWART _ Notary Public • California :z
f ~ Contra Costa County !:
i Commission# 2462167
My Comm. Expires Sep 5, 2027
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature J~ Jr rs.Jb..}-
Place Notary Seal and/or Stamp Above Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document r-, ~ .._j
Title or Type of Document: '.PLC'b>crt\o..oc.t ~
Document Date: \o • 2-C\-l &\ Number of Pages: ____ _
Signer(s) Other Than Named Above : _ ______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: _____ ______ _ _ Signer's Name: _____ _______ _ □ Corporate Officer - Title(s): _ _____ _ _ o Corporate Officer - Title(s): _______ _ o Partner - o Limited o General □ Partner - □ Limited □ General o Individual o Attorney in Fact o Individual o Attorney in Fact □ Trustee o Guardian or Conservator o Trustee □ Guardian or Conservator □ Other: □ Other:

Signer is Representing : _________ _ Signer is Representing: ______ ___ _ ©2019 National Notary Association
.~ Libertx
\P Mutual .

SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company

POWER OF ATTORNEY
Certificate No: 8208975-984841
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, ____ _ Andrew Bolger; Christina Davis; Cory Higgins: Jamie Yaudes; Jessica Griewahn; Julie Heckman; Lisa Reyes; Nicole Sidlauskas; Wendy Stewart all of the city of Walnu1 Creek state of CA each Individually If there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on fls behalf as surety and as its acl and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of November , ~-
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
i By W~2mpMJ u
_ ~ ._ _ _.. ---- ___ _.. David M. Carey, Assistant Secretary g ~ i5 ro State of PENNSYLVANIA ss ·- ::,
~ 5J County of MONTGOMERY 6 E
~ ~ On this 7th day of ovcmber , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ~ t ~ cii Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes !§@ 2 ..:'. therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~@) I~ ~ _ -c IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. c3 Cl) i-~ ~o
-0~ ~----- ------, -I Commonwealth or Pennsylvania - Notary Seal >-- ,,;- 0 Teresa Paslella, Nolary Public d--... d Q) "iij
~ (1) Montgomery County o/., ~ _ . . 1 t! -I- ,( I E E
0 - My commission expires March 28, 2025 By: ~ ~ 0 (1.) C: ro ~ ~ Commissionnumber1126044 -=<'--- - --,,---,-,---=---,,------- ------- 1i= ..._ ,,,_'- ~ · •"r~ ,. Teresa Pastella, Notary Public <X: o 'l,U _,. ~ Member, Pennsylvania As5o:ietlon of NoJ.o.ries w ~ 4Fr( p\fO': 0 ~
'- ..._N
.g> 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ~ 9 g .S_ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: fr_~ ..._ 2 ARTICLE IV-OFFICERS: Section 12. Power of Attorney. • 0 9 .2 ~ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the =a~ ~ 1:,- President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety liJ ~ ~ ~ any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall -c rl 0 t:: have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such § (1.) z 13 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the ~ gi provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ~ ~ ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in­ tact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 29th day of October , 2024 • By~
ReneeC.Lewellyn, Assislant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/21

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California d
County of Alame a
on October 30, 2024 before me, Rebecca Moore, Notary Public (insert name and title of the officer)
personally appeared _ D_e_b_r_a_E_u_la _______ ____ ____ _ _____ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
········1 REBECCA MOORE
Notary Public • California %
Alameda County ~
Commission II 2375023
y Comm. Expires Sep tl, 2025
q Search
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EARLADAMS TILE-COPING & PLASTE~ '.
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EARL ADAMS TILE-COPING &
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q ~ 503 D 37 [II (!)

EARL ADAMS TILE-COPING &
PLASTERING, INC. Oba ADAM
• I"\
S200005126
3675 OLD SANTA RITA RD.,
PLEASANTON, CA, 94588
Currently in Compliance .
[ Business Unit(s) j( Insured History ][ Print Insured Info Account Information
Account Number :

Risk Type :

Do Not Call:
: Address Information
Mailing Address
Insured :

Address 1:

Address 2:

City:

S200005126
Exhibit C2 - Svc
Contract> $50, 000-
Limited Exposure

EARL ADAMS

TILE-COPING &

PLASTERING,
INC. DbaADAM
3675 OLD SANTA
RITA RD.

PLEASANTON
r.A
Address Updated:

Physical Address
Zip: 94588
Country:

Contract Information
Contract Number:

Contract Start Date: Contract End Date:

Contract Effective Date: Contract Expiration Oat
Description of Services: Pool Replastering Safety Form II:

Contact Information
Services+
Additional Repairs
Contact Name: LORENE GREEN- Misc:

NATSCH
Phone Number: 9258283100 Alt Phone Number:

Fax Number:

E-Mail Address: [email protected] ;[email protected] [email protected] ;cshaffer@santaclaraca.

Approval Date:
' Rush: Yes
Contract on File: No
Certificate Received: Yes
Indemnification Agreement: No
1 Tax Id: 942234380
This Account created by c65 on 03/28/2023.

Memorandum

Date: February 13, 2025
To: Mayor & City Council
From: Jōvan D. Grogan, City Manager
Subject: Update on International Swim Center Upgrades

This memorandum provides the City Council with an update on the efforts to mitigate safety and operational issues at the City’s International Swim Center (ISC) in order to partially reopen the facility. As you know, on January 29, 2025, staff invited the City Council and Aquatics User Groups to meet with Adams Pool Solutions (contractor) at the ISC to observe and discuss unanticipated (extensive) damage to the gutter infrastructure. At that meeting, the contractor expressed concerns regarding the age of ISC and its infrastructure, including pool deck, plumbing, and boiler systems.

As you know, the staff has been committed to exploring all opportunities to reconstruct or substantially renovate the ISC. This work has continued even as we launched the replastering project. Draining of training and racing pools and the contractor's work to remove the existing surface have revealed an option to expand the current project to accomplish a larger renovation of the facility. As a result, we are at a critical juncture in the replastering project, and staff is evaluating two options. Prior to updating the Swim user groups on this option on February 26, staff would like to brief the Mayor and Councilmembers. To this end, staff would like to set up 1-hour briefings ASAP. Please contact Carolyn McDowell to schedule a meeting – 408-615- 4892 or [email protected].

Below is a brief summary of the two options that will be discussed in the briefings.

Option A – Continue with the replastering of the training and racing pools, including the added remedy work to the gutter and apron. In this scenario, barring the discovery of further critical damage, the facility would reopen in late Spring 2025 with a maximum capacity of 200 people to train or swim recreationally. This scenario has $1.86M in budget and does not provide any remediation to the diving well and tower, infrastructure, pool deck, plumbing, boiler systems, administration building or locker rooms. This scenario is a short-term fix (3-5 years), which will need to be worked around, where possible when a long-term solution is funded and implemented.

Option B – Expand the scope of work to replace the pool decking, recirculation, plumbing, boilers, and perimeter gutter systems for all pools, including the dive well and tower. This option will reconfigure the racing pool depth, lighting, temperature and equipment to adhere to County of Santa Clara requirements, create operational City of
Santa Clara
The Center of What's Possible
Update on International Swim Center Upgrades
February 13, 2025

efficiencies and redundancies as well as meet the requirements for World Aquatics Competition Regulations for international competitions. This $4-5 M investment would extend the life of the facility to 25-30 years and take 10-12 months to complete (plans/permits (2-4 months), construction (8-10 months). Additionally, there are no occupancy restrictions with this option. Demolition, design and construction of new administration, locker room, and equipment storage building(s) can run concurrently, at an additional expense. Subject to further actions, this work can be funded with proceeds from the voter-approved infrastructure bond.

Please contact Carolyn McDowell to schedule a meeting – 408-615-4892 or [email protected].

Cc: Damon Sparacino, Parks and Recreation Director
Carolyn McDowell, ISC Project Coordinator
Resolution/International Swim Center Project Declaration of Necessity Page 1 of 3 Rev: 7/27/2023
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

DECLARING AN URGENCY TO AWARD A PUBLIC WORKS
PROJECT AT THE GEORGE F. HAINES INTERNATIONAL SWIM

CENTER WITHOUT ADVERTISING FOR BIDS IN ACCORDANCE
WITH SANTA CLARA CITY CHARTER SECTION 1310

WHEREAS, the George F. Haines International Swim Center (ISC) was designed in 1965, constructed in 1966, and opened to the public on July 1, 1967; WHEREAS, the ISC features three pools (a 50-meter x 25-yard racing pool, a deep diving well, and a training pool), decks, mechanical circulation, filtration and heating systems, 3,000-seat viewing stands, roof, and several support spaces;
WHEREAS, in 2017, the Kitchell Report determined that the majority of the ISC was in poor to critical condition, with many components being deemed beyond their useful life; WHEREAS, the City contracted with LPA, Inc. to conduct an assessment of the ISC which revealed significant health and safety concerns;
WHEREAS, in January 2024, due to the health and safety concerns identified in the LPA report, the ISC was closed indefinitely;
WHEREAS, during the ISC’s closure the City has worked with local aquatic groups such as the Santa Clara Swim Club, Santa Clara Artistic Swimming, and the Santa Clara Dive Club to find alternate locations that meet their program needs, however alternate locations do not match what was offered at the ISC nor do such locations meet all of the aquatic groups’ needs; WHEREAS, since the ISC’s closure, the City has engaged in efforts to reopen the facility in a limited capacity by replastering the racing pool and training pool (the “Original Project”); WHEREAS, during the course of the City’s replastering project, the City’s contractor, Adams Pool Solutions, discovered unforeseen damage to the pools’ gutter and apron infrastructure and provided the City with potential options to remediate the facility; WHEREAS, City staff now recommends pursuing an expanded project scope to the Original Project that includes replacement of the pool decking, recirculation, plumbing, boilers and Resolution/International Swim Center Project Declaration of Necessity Page 2 of 3 Rev: 7/27/2023
perimeter gutter systems for all pools, replacement or refurbishment of the dive tower, and reconfiguration of the racing pool depth, lighting, temperature, and equipment (the “Project”); WHEREAS, there is a critical need to act expeditiously to implement the Project in order to mitigate the negative impacts of the ISC’s closure on the City and local aquatic groups; WHEREAS, Santa Clara City Charter Section 1310 authorizes the City Council to award a public works contract without advertising for bids if the City Council deems the work to be of urgent necessity for the preservation of life, health or property; WHEREAS, several programmatic, financial, and social impacts on the City and local non-profit aquatics groups justify a need to issue a contract award for the Project without advertising for bids; and
WHEREAS, the Project contract award is proposed for Adams Pool Solutions, a contractor previously selected pursuant to a competitive bid process to do the Original Project work, and a contractor that has satisfactorily performed a substantial number of project scopes involving similar work for the City on other City aquatic facilities over the years.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. The City Council hereby deems the work implementing the Project to be of urgent necessity for the preservation of life, health, and property based on the following declaration of facts:

A. For local aquatic groups and their participants:
(1) They are experiencing significant on-going disruptions to programming schedules due to the lack of a consistent space since the ISC’s closure. (2) Alternate locations do not match what was offered at the ISC (e.g., bodies of water/depth, platform volume and heights, ability to offer daily programming, exhibitions, meets, shows, camps, swim lessons, etc.) which place aquatic groups at a significant disadvantage financially and programmatically, and which hinders the City’s ability to attract tourism to the area and collect user fees for capital improvements and maintenance of the Resolution/International Swim Center Project Declaration of Necessity Page 3 of 3 Rev: 7/27/2023
facility.
(3) Increased travel time to and from alternate sites presents substantial challenges and risks for families (e.g., additional time on the road and reducing time for homework, dinner, and other commitments, that are important to the health and well-being of parents and children alike).
(4) Movement of equipment from site to site causes increased wear and tear and the need to accelerate standard replacement schedules, increasing costs. (5) Financial strain on organizations due to increased pool rental costs increase membership dues and create financial barriers for families. (6) The prolonged closure of the ISC diminishes the ability of local aquatic groups to prepare athletes to collegiate programs, world class athletes to national, international and Olympic teams as well as professional shows.
(7) The ongoing closure of the ISC creates uncertainty on the long-term viability of the aquatic user groups based overextended operation restrictions.

B. For the City and users of the ISC generally:
(1) City has experienced a dramatic impact in its ability to deliver core health and wellness recreation aquatic programs, such as lap swimming and drop-in swimming for City residents.
(2) In 2022, the last year of uninterrupted ISC operation, the City served over 20,000 participants for these services. Since the 2024 ISC closure, the City has served less than 1,000 participants for the same services as alternative facilities are inadequate to meet the demand and need for such services.
(3) The lack of availability of the ISC to support core health and wellness recreation aquatic programs has, and will continue to have until re-opened, a material adverse impact on the public health and well-being of Santa Clara residents.

2. In light of the foregoing declaration and determination, the demonstrated capacity and Resolution/International Swim Center Project Declaration of Necessity Page 4 of 3 Rev: 7/27/2023
qualifications of Adams Pool Solutions to do the Project work on reasonable market terms, and any and all other evidence and testimony presented in the record of the proceeding with respect to the Project, the City Council hereby waives the standard requirements under Charter Section 1310 that would otherwise require advertising for bids for the award of the Project, thereby allowing for the award of the Project contract to Adams Pool Solutions without advertising for bids.

3. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2025, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-412 Agenda Date: 4/8/2025

REPORT TO COUNCIL

SUBJECT
Update on Measure I - Santa Clara’s Public Facilities and Infrastructure Bond Measure Work Plan, Implementation Schedule, and Request for Direction on the Appointment Process and Terms for the Measure I Bond Compliance Oversight Committee

BACKGROUND
On November 5, 2024, voters in the City of Santa Clara approved ballot Measure I, the Public Facilities and Infrastructure Bond Measure. This general obligation bond authorizes the issuance of $400 million to help address over $600 million in unfunded infrastructure needs, including aging fire stations, storm drain systems, and aquatic facilities. City staff have identified priority projects within the Expenditure Plan (Attachment 1), and the bond funding will provide a clear path forward for making essential repairs and improvements across Santa Clara.

The plan includes the following specific projects and estimated delivery costs. The project areas are:
· Fire Stations and Emergency Response ($142,235,450)
· Parks, Libraries, Senior Center, and Aquatics Facilities ($115,258,750) · Stormdrain System Improvements ($46,000,000)
· Police Facilities ($43,987,500)
· Streets and Transportation ($41,170,000)
· Historic Buildings and Beautification ($9,200,000)

DISCUSSION
The $400 million bond marks a significant milestone for the City and its ability to make significant capital improvements throughout the City. The City is working on several initiatives to support efforts to advance Measure I projects. Below is a list of ongoing activities and a detailed strategy for moving the Measure I program forward.

Measure I Leadership Team
The City Manager has established an internal leadership team to oversee the Measure I program, consisting of the Capital Projects Program Manager, the Director of Public Works, and the Finance Director. This team is responsible for providing oversight, making key decisions, and setting the strategic direction for the Measure I program.

The City is currently hiring a Capital Project Program Manager to oversee the implementation of Measure I infrastructure projects. This role will coordinate across multiple departments to manage project objectives, priorities, schedules, and budgets. Additionally, the Program Manager will provide regular updates to the City Council, ensuring transparency and highlighting the impact of each City of Santa Clara Printed on 4/4/2025Page 1 of 6
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25-412 Agenda Date: 4/8/2025
initiative. The recruitment period closes on April 18.

Department of Public Works (DPW)
The Director of Public Works and the Public Works team will play a vital role in coordinating and implementing Measure I projects. Working closely with the Capital Projects Program Manager, the Department of Public Works will collaborate with various departments to ensure efficient project execution. They will also hold regular meetings with project teams to monitor progress, address challenges, and keep initiatives on track.

Bond Administration Team
The Director of Finance will lead the bond administration team, overseeing the timing and issuance of bonds, fund budgeting, debt repayment, and the tracking of revenues, encumbrances, and expenditures, all while ensuring compliance with state and federal regulations. Staff will work closely with the bond administration team to facilitate project approvals and ensure timely reimbursements to the Department of Finance for bond-related expenditures. In preparation for the Measure I Bond, City staff recommended and the City Council appointed Jones Hall, A Professional Law Corporation-a nationally recognized bond counsel firm-to serve as bond counsel, and Public Financial Management to serve as municipal advisor for the bond election and subsequent issuances. Both firms play a crucial role in supporting the Bond Administration Team.

Measure I Bond Compliance Oversight Committee
As required by Measure I, the City is establishing a Bond Compliance Oversight Committee (Committee) to ensure transparency and accountability in the implementation of Measure I projects.

The role of the Committee is to:

1. Ensure that project implementation aligns with all bond measure requirements, including the terms of the Expenditure Plan.

2. Review and report on annual audits.

3. Review and provide recommendations to the City Council on any proposed amendments to the Expenditure Plan.

4. Inform the public about the expenditure of bond proceeds.

Per the Measure I Ordinance, Attachment 2, the Committee will consist of nine (9) members selected through a lottery process and appointed by the City Council. The Council's appointment serves as a ratification of the lottery process and confirmation that the selection aligns with the criteria outlined in the ordinance. The Committee will include:
· Seven residents of the City. No application or appointment criteria was provided for in the Ordinance.
· One large business representative and one small business representative, neither of whom must be residents but must be owners or employees of businesses headquartered within the City.
· Business representatives must not be employed by or have previously worked for a firm that provides services to any professional sports teams within the City.

Additional Considerations for the Committee
The City seeks further direction regarding the lottery process and term limits:

City of Santa Clara Printed on 4/4/2025Page 2 of 6
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25-412 Agenda Date: 4/8/2025

1. Citywide vs. District Lottery Process: The ordinance requires that seven resident members be chosen by a lottery method, but it did not designate additional requirements. As with our other commissions, City Council should determine if the lottery will be structured with district seats (i.e. six (6) district seats and one (1) citywide seat, which aligns to how the City Council is structured), or if all seven (7) seats will be chosen irrespective of district residency.

2. Term Limits: The proposed term structure follows the City's policies and practices with other commissions, allowing members to serve two full four-year terms. Also consistent with City policies and practices, to ensure continuity and prevent all seats from being vacated simultaneously, initial appointments will be staggered as follows:
· Two-year term for representatives from Districts 1, 3, and 5, and Small Business Representative
· Four-year term for representatives from Districts 2, 4, 6, the at-large seat, and Large Business Representative
Those members serving an initial two-year term will be eligible to serve up to two additional four-year terms.

The City is currently recruiting members for the Committee, with the recruitment period concluding on April 29th. The lottery is anticipated to be conducted in May, with City Council confirmation expected in early June. The City Council may delay its decision on a citywide or district-based lottery process until after the application period closes and it is known if there is one or multiple applicants for each district.

Bond Issuance:

The bond issuance process requires collaboration with the City’s financial advisor to competitively select an underwriter and bring the bonds to market. Once this process is complete, the City will receive the initial bond proceeds to fund phases of the projects outlined in the Measure I program.

Given the scale of the bond projects and the time needed to finalize design and construction documents, the bonds are expected to be issued in multiple tranches over time. Projects with an identified scope of work will be initiated using the first tranche of funding, while more complex projects or projects currently without a defined scope of work - will be funded in subsequent tranches.

In accordance with IRS regulations, although there is some flexibility, the City must generally expend the proceeds from each bond issuance within three years. Staff plans to bring a resolution to authorize a tax levy, in accordance with the terms included in Measure I, in June, with the bond issuance targeted for early Fall 2025. Subsequent issuances will be made until the full $400 million in Measure I bonds are issued and, to the maximum extent possible, all projects identified in the Expenditure Plan are completed. The City cannot receive bond proceeds until the property tax levy is placed on the tax roll by the County Assessor, which occurs in August 2025.

In preparation for the initial issuance, additional staff are being hired and it is anticipated that budget actions will be introduced to enable those new staff to begin preliminary work in the Summer 2025.

This includes developing scope of works and RFP documents for hiring design consultants.

Additionally, preliminary design and engineering costs incurred before the bond issuance may be eligible for reimbursement from bond proceeds once the bonds are issued.

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Capital Projects Delivery Program
Recognizing that undertaking $400 million in capital projects is a significant effort, City staff has begun prioritizing the proposed infrastructure projects outlined in the Expenditure Plan. To ensure a structured and efficient approach, projects have been categorized into three types:

1. Type 1 - Design-Ready Projects
The Department of Public Works has identified projects that are ready to be designed and are ready to proceed with immediate initial funding. These projects will be prioritized in the first bond issuance to allow them to begin without delay. These types of projects include roadway paving, ADA improvements, creek trail rehabilitation, and storm drain system improvements

2. Type 2 - Projects requiring conceptual design efforts Type 2 projects are multi-year initiatives that are larger or more complex and require additional time to finalize design concepts. These projects require additional preliminary work before design can commence. Staff will identify and prioritize these projects accordingly. These types of projects include park improvements, pump stations, and fire stations.

3. Type 3 - Projects requiring further definition, planning, and feasibility analysis prior to design Type 3 projects require additional study, planning, and feasibility assessments before the design phase can begin. These projects may include police facilities, libraries, senior center, historic buildings, and additional park projects that have yet to be identified.

International Swim Center: As outlined in RTC 25-140, the initial design and construction improvements for the International Swim Center (ISC)-including the restoration of the three swimming pools and dive tower-would be funded through the first tranche of approximately $10 million from the $45 million allocated for aquatics-related projects. Additional aquatic facility enhancements with the remaining allocation may include further improvements to the ISC, as well as upgrades to the Warburton Swim Center, Mary Gomez Swim Center, and the Senior Center Natatorium.

Categorizing projects in this manner allows the City to begin work on design ready initiatives while simultaneously planning and prioritizing feasibility and design efforts for the remaining projects. Given the increased workload, particularly within the Department of Public Works, staff are evaluating its staffing model to ensure adequate resources are available to support the Measure I bond program.

Once reviewed by the Committee and approved by the City Council, staff are prepared to initiate work on the projects included in the initial tranche of bond proceeds by early 2026. A proposed project list and estimated budget for the first bond issuance will be presented later this year.

In anticipation of the issuance of bonds, staff will return to the City Council before the end of the Fiscal Year with a Resolution of to authorize a tax levy, in accordance with the terms included in Measure I, to be provided to the Santa Clara County for incorporation into the upcoming property tax roll. We will also be coordinating training sessions for both the Committee and the City Council on the fiduciary roles and responsibilities for the oversight of the bonds.

Meetings Date
Selection of Bond Compliance Oversight Committee May 2025 Approval of Bond Compliance Oversight Committee May/June 2025 COC/Council Bond Training June 2025
Resolution Authorization of Tax Levy to be provided
to Santa Clara County
June 2025
COC Meeting August 2025
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25-412 Agenda Date: 4/8/2025
Meetings Date
Selection of Bond Compliance Oversight Committee May 2025 Approval of Bond Compliance Oversight Committee May/June 2025 COC/Council Bond Training June 2025
Resolution Authorization of Tax Levy to be provided
to Santa Clara County
June 2025
COC Meeting August 2025

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is an administrative activity that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT
These is no fiscal impact for oversight of the Measure I Bond Measure program other than staff time.

COORDINATION
This report has been coordinated with the Finance Department, Department of Public Works, and the City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. The City Council note and file the Measure I update report.

2. The City Council take the following actions with respect to the Measure I Citizen’s Oversight Committee:
a. Approve the criteria that 6 of the 7 residents serving on the Citizen’s Oversight Committee be selected by District so that all 6 Council Districts are represented. b. Stagger the Citizen’s Oversight Committee representative terms as follows:
i. Initial Two-year term for representatives from Districts 1, 3, and 5, and Small Business Representative
ii. Initial Four-year terms for representatives from Districts 2, 4, 6, the at-large seat, and Large Business Representative
All Committee Members shall be entitled to serve up to 2 full-four year terms. Those members serving an initial two-year term will be eligible to serve up to two additional four- year terms.

Reviewed by: Elizabeht Klotz, Assistant City Manager
Approved by: Jovan Grogan, City Manager

ATTACHMENTS
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25-412 Agenda Date: 4/8/2025

1. Expenditure Plan

2. Ordinance No 2069
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General Obligation Bond Expenditure Plan
$400 Million Bond Measure
Project Areas Total
Streets and Transportation 41,170,000
Street Resurfacing and Rehabilitation 23,000,000
ADA Improvements 10,000,000
Creek Trail Rehabilitation 2,500,000
Bicycle Wayfinding 300,000
Contingency/Escalation/Administration 5,370,000
Fire Stations and Emergency Response 142,235,450
Fire Stations 5 Replacement 27,000,000
Fire Stations 7 Replacement 27,000,000
Fire Stations 9 Replacement/Renovations 9,000,000
Fire Station 1 Replacement/Renovations 58,000,000
Fire Training Tower Renovation 783,000
Various Fire Station Infrastructure Upgrades 1,900,000
Contingency/Escalation/Administration 18,552,450
Police Facilities 43,987,500
Police Department Drone First Responder Infrastructure 3,000,000 Emergency Operations Center Infrastructure 250,000
Police Training Facility 30,000,000
Police Department Facility and Real-Time Crime Center
Infrastructure 5,000,000
Contingency/Escalation/Administration 5,737,500
Parks, Library, Senior Center, and Aquatics Facilities 115,258,750 Renovation/Expansion of 3 Public Libraries 9,000,000
Senior Center Expansion/Renovation 9,500,000
Community Aquatic Facility/ISC Renovation/Replacement 45,000,000 Bowers Park Renovations 4,400,000
Earl Carmichael Park Playground Renovations 2,900,000
Warburton Park Playground Renovations 3,000,000
Henry Schmidt Park Playground Renovations 4,325,000
Pickleball Court 1,600,000
Mary Gomez Park Renovations 2,500,000
Aged Parks & Buildings Infrastructure in Critical/Poor
Condition 18,000,000
Contingency/Escalation/Administration 15,033,750
Stormdrain System Improvements 46,000,000
Stormdrain System Improvements 16,423,000
Storm Water Retention Basin Remediation 9,209,000
Green Stormwater Infrastructure Design & Construction 6,645,000 Lafayette St. Underpass at Subway Pump Station 4,946,000 Bowers Ave Underpass SDPS Rehabilitation 2,030,000
SDPS Motor and Control Replacement 347,000
Stormdrain Pump Station Outfall Reconstruction Program 250,000 Stormdrain Renovations 150,000
Contingency/Escalation/Administration 6,000,000
Historic Buildings and Beautification 9,200,000
Street/Median Beautification Improvements 4,000,000
Renovations to Historic Buildings 3,000,000
Triton Museum Improvements 1,000,000
Contingency/Escalation/Administration 1,200,000
Bond Issuance Costs 2,000,000
GRAND TOTAL 399,851,700$

EXHIBIT A

1. In General. This City of Santa Clara plan for the expenditure of bond proceeds (“Expenditure Plan”) was adopted by the City Council on July 16, 2024, by Resolution No. 24-9346, to implement Section 6 of that certain Ordinance No. 2069 adopted concurrently herewith (“Ordinance”). The Ordinance calls for an election by City voters on a ballot measure to approve the issuance of up to $400,000,000 in bonds (“Infrastructure Bonds”) for purposes of financing the acquisition and construction of public infrastructure on the terms set forth therein. To the extent of any conflict between this Expenditure Plan and the Ordinance, the terms of the Ordinance shall govern. The above chart summarizes the Expenditure Plan’s “Project Categories” (as defined in Section 2, below), and “Infrastructure Projects” (as defined in Section

2. Project Categories. The Expenditure Plan includes the following infrastructure expenditure categories (“Project Categories”), each with a designated amount of allocated Infrastructure Bonds proceeds (“Designated Allocations”): Streets and Transportation ($41,170,000); Fire Stations and Emergency Response ($142,235,450); Police Facilities ($43,987,500); Parks, Library, Senior Center and Aquatic Facilities ($115,258,750); Storm Drain System Improvements (46,000,000); Historic Buildings and Beautification ($9,200,000); and Bond Issuance Costs ($2,000,000). Project Categories and/or their respective Designated Allocations may be amended, but only in accordance with the Expenditure Plan Amendment Process set forth in Section 6 of this Expenditure Plan, below. Notwithstanding the foregoing, the Designated Allocation for Bond Issuance Costs shall be treated as a “Budgeted Amount” under this plan, to be updated by staff without a formal Expenditure Plan amendment in accordance with the process set forth in Section 3, below.

3. Designated Infrastructure Subcategories/Specific Projects. Within each Project Category, there is a list of designated project subcategories and/or specific projects (“Infrastructure Projects”), including estimated amounts budgeted for each such project subcategory/specific project, and an overall estimate of the projected contingencies, cost escalations and administrative costs necessary for project implementation (“Budgeted Amounts”). Infrastructure Projects may be deleted or added, but only in accordance with the Expenditure Plan Amendment Process set forth in Section 6 of this Expenditure Plan, below. Budgeted Amounts represent City staff’s best estimate of the projected costs for such Infrastructure Projects as of the date of the City’s adoption of this Expenditure Plan. Throughout the duration of the Expenditure Plan staff will monitor the Budgeted Amounts for outstanding projects and, at least [annually], as necessary, staff will revise the Expenditure Plan to update the Budgeted Amounts to be consistent with then projected project implementation costs. Staff updates to Budgeted Amounts will not be considered amendments to the Expenditure Plan requiring the amendment process set forth in Section 6, below.

4. Phased Implementation. Infrastructure Projects identified within the Expenditure Plan will be implemented in phases (each a “Project Phase”). Consistent with priorities set by the City Council, staff will develop lists of proposed Infrastructure Projects to be included within each Project Phase. Each Project Phase will be presented for City Council and approval as part of the City’s annual Capital Improvement Program budget process. Additional factors to be considered in the development and timing of each Project Phase, and the sequencing of projects within each Project Phase time period include: (a) the need to balance available staff and contractor resources; (b) the length of the planning, design, and construction phases of each project; (c) disruption to the public as City services and facilities are removed from service to undergo renovations; (d) legal requirements for the expenditure of Infrastructure Bond proceeds (in general, under current federal tax law, the City must expect to spend 85% of each series of Infrastructure Bond funds within three years of their date(s) of issuance ); (e) the timing and availability of alternate and supplemental funding sources; (f) local, regional, state or federal permitting requirements; (g) the need to coordinate with outside agencies.

5. Council Approval Required. Council approval shall be required for (a) each and every proposed Project Phase for the implementation of the Expenditure Plan; (b) each and every issuance of Infrastructure Bonds to finance a Project Phase; and (c) any proposed amendment to the Expenditure Plan as provided in Section 6. Below.

6. Amendment of the Plan. Any proposed substantive amendment to this Expenditure Plan shall be subject to the requirements of Section 13(b)(ii) of the Ordinance. Such requirements shall include prior consideration and input from the “Bond Compliance COC” as provided therein.

7. Legal Requirements for Capital Projects. All Infrastructure Project costs paid from Infrastructure Bond proceeds shall consist of capital costs of the acquisition and improvement of real property within the meaning of California law. Any Infrastructure Project costs consisting of furnishings, furniture, equipment, software, ordinary maintenance (such as repairs, painting, resurfacing, striping or slurry seals), or other non-capital costs shall be paid by the City from other funds.

Ordinance/Calling Bond Election Page 1 of 14

ORDINANCE NO. 2069

AN ORDINANCE OF THE CITY OF SANTA CLARA,

CALIFORNIA, ORDERING THE SUBMISSION OF A

MEASURE INCURRING BONDED INDEBTEDNESS TO

THE QUALIFIED VOTERS OF THE CITY OF SANTA

CLARA AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 5, 2024, FOR THE PURPOSE OF

FINANCING THE COST OF THE ACQUISITION,

CONSTRUCTION AND IMPROVEMENT OF CERTAIN

MUNICIPAL IMPROVEMENT PROJECTS CONSTITUTING

PUBLIC INFRASTRUCTURE OF THE CITY , SUBJECT TO

ACCOUNTABILITY MEASURES AND COMPLIANCE WITH

AN ADOPTED EXPENDITURE PLAN

BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara (the “City”) is a municipal corporation and charter city duly organized and existing under the Constitution and laws of the State of California; WHEREAS, the City desires to undertake certain public infrastructure improvements for the City consisting of streets and tr ansportation improvements, improvements to public safety facilities, improvements to parks and community facilities, storm drain and flood collection improvements, and improvements to other City facilities, as more particularly described below (collectively, the “Improvements”);
WHEREAS, the City is authorized to call an election for the purpose of incurring bonded indebtedness and to authorize the issuance of bonds to finance the Improvements, which constitute public infrastructure of the City, pursuant to certain provisions of the California Constitution, including Article XIIIA, the California Government Code, including Article 1 of Chapter 4 of Division 4 of Title 4 (commencing with Section 43600) and Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 (commencing with Section 53506) (collectively, the “Bond Law”);
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WHEREAS, the City intends to issue its general obligation bonds (the “Bonds”) under and pursuant to the Bond Law to finance the cost of the acquisition and construction of the Improvements;
WHEREAS, under existing law, approval of the Bonds requires 2/3rds of the voters in the City voting on the measure to vote in favor of the measure ; WHEREAS, Assembly Constitutional Amendment No. 1 (“ACA1”) has qualified for the November 5, 2024 Statewide ballot and would, among other things, change existing law to authorize a city, county, city and county, or special district to levy an ad valorem tax to servi ce bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure if the measure proposing that tax is approved by 55% of the voters of the city, county, city and county, or special district, as applicable, and the measure includes specified accountability requirements; WHEREAS, the foregoing constitutional amendments effectuated by ACA1, if approved at the November 5, 2024 Statewide ballot, would apply to any measure authorizing general obligation bonds of a city that is submitted at the same election as the Voter Approval Ballot Measure;
WHEREAS, the measure to approve the Bonds is intended to and will comply with all the provisions of ACA1, including all of its accountability requirements, so that, if ACA1 is approved on November 5, 2024, approval of the Bonds shall require that 55% (not 2/3rds) of the voters in the City voting on the measure vote in favor of the measure; and WHEREAS, if the ballot measure authorizing issuance of the Bonds is approved by the requisite number of affirmative votes, the City will be authorized to issue the Bonds. //
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NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. Recitals Correct. The foregoing recitals are true and correct.

2. Purpose and Intent . Pursuant to the authority provided by the California Government Code and California Elections Code, the purpose and intent of this Ordinance is to authorize and direct the submittal to the qualified voters of the City at the general municipal election to be held on November 5, 2024, of a measure authorizing the City to issue general obligation bonds (the “Bonds”) for the purpose of financing the Improvements on the terms set forth below.

3. Findings. The City Council hereby makes the following findings with respect to the proposed measure for the Bonds:
(i) On July 9, 2024, the City Council adopted, by a two- thirds vote of all its members, a resolution entitled “A Resolution of the City Council of the City of Santa Clara, California, Determining that the Public Interest and Necessity Demand the Acquisition, Construction and Improvement of Municipal Improvement Projects Constituting Public Infrastructure of the City, and Their Financing Through the Issuance of General Obligation Bonds,” pursuant to which the City Council has found and determined that the public interest and necessity demand the issuance of general obligation bonds to finance the Improvements, which are municipal improvement projects constituting public infrastructure of the City. //
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(ii) In order to provide for the issuance by the City of general obligation bonds to provide financing for the Improvements, it is necessary for the City Council to adopt an ordinance ordering the submission of the measure of incurring bonded indebtedness for such purpose to the qualified voters of the City at a municipal election.
(iii) The City Council desires to submit said ballot measure to the qualified voters of the City at the regular election to be held in the City on November 5, 2024, and to consolidate the bond election with other elections held within the City on that date, by a resolution adopted after the adoption of this Ordinance pursuant to California Elections Code Section 10403 (the “Resolution Calling Election”).

4. Call for Election . The City Council hereby orders that there be submitted to the qualified voters of the City , pursuant to the Resolution Calling Election , a measure on incurring bonded indebtedness for the purposes set forth in this Ordinance, at the regular election to be held on November 5, 2024.

5. Ballot Measure. The City Council hereby submits to the qualified voters of the City, at the regular election to be held on November 5, 2024, a measure on issuing the Bonds.

The statement of the measure shall be in substantially the form set forth in the resolution of the City placing the measure on the ballot.

6. Object and Purpose of Bonds. The object and purpose of the Bonds is to finance some or all of the costs of the Improvements . The Improvements are more particularly described in that certain Expenditure Plan (“Expenditure Plan”) to be attached as Exhibit A to this Ordinance, which shall be approved by the City Council by separate Resolution and presented to the voters as part of the measure for the Bonds.

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The authorized Improvements will include all work, facilities and expenditures necessary and incidental to the Improvements described in the Expenditure Plan.

Examples of such work, facilities, and expenditures include, but ar e not limited to: costs of design, engineering, architect and other professional services, inspections, site preparation, utilities, landscaping, construction management and other planning and permitting, legal, accounting and similar costs; a customary construction contingency; demolition and disposal of existing structures; rental or construction of storage facilities and other space on an interim basis for materials and other equipment and furnishings displaced during construction; addressing unforeseen conditions revealed by construction or renovation, and other necessary improvements required to comply with existing building codes and other applicable law, including the Americans with Disabilities Act; costs of the bond election; bond issuance costs; project administration during the duration of such projects, including reimbursement of City staff time; and financing and interest costs on the Bonds.

The final costs, locations, designs, layouts and other components of the Improvements will be determined as plans are finalized, construction bids are awarded, and projects are completed. Therefore, the City Council cannot guarantee that the Bonds will provide sufficient funds to allow completion of all needed Improvements. //
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7. Estimated Cost of Improvements . The estimated cost of the Improvements is $400,000,000. The estimated cost includes legal or other fees, the costs of printing the Bonds, and other costs and expenses incidental to or connected with the authorization, issuance and sale of the Bonds. To the extent the Improvements financed are revenue- producing public works, the cost of the Improvements may also include bond interest estimated to accrue during the construction period and for a period of not to exceed 12 months after completion of construction.

8. Principal Amount of Bonds. The aggregate principal of the Bonds shall not exceed $400,000,000.00.

9. Maximum Interest Rate. The maximum rate of interest to be paid on the Bonds shall be the statutory maximum of 12% per annum. Said interest shall be payable semiannually, except that interest for the first year after the date of the Bonds may be made payable at the end of said year. The actual interest rates of each series of the Bonds will be determined at the time of each respective Bond sale. //
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10. Issuance and Sale of Bonds . The City proposes to issue and sell the Bonds pursuant to Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the California Government Code, or Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, in one or more series, in the maximum amount and for the objects and purposes set forth above if the requisite number of qualified voters voting on the measure vote in favor thereof. The Bonds will be general obligations of the City payable solely from and secured by ad valorem taxes levied and collected in the manner prescribed by the laws of the State of California, and not from the general fund or other funds of the City . The revenue generated from the ad valorem tax levied and collected will be used for the payment of debt service on the Bonds. All of the Bonds shall be equally and ratably secured, without priority, by the taxing power of the City.

11. Manner of Conducting Election. The election on the Bonds held on November 5, 2024 shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted, and returned, returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the Resolution Calling Election and the provisions of California law regulating the election with which it is consolidated.
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Ordinance/Calling Bond Election Page 8 of 14

12. Procedure for Voting on Measure. Ballots for the election shall be provided in the form and in the number provided by law. Voters shall be provided an opportunity to vote for or against the measure on the ballot, in accordance with procedures to be adopted by the authorized officers of the County of Santa Clara (the “County”) charged with conducting the election.

13. Transparency and Accountability Requirements.
(a) In order to comply with ACA1 and Sections 53410 and 53411 of the California Government Code, the City Council hereby adopts the following accountability requirements relating to the Bonds (the “State Accountability Requirements”):
(i) The proceeds from the sale of the Bonds shall be used only for the purposes specified in this Ordinance, and not for any other purpose, including City employee salaries (other than for reimbursement of staff costs incurred in providing normal and customary project management and delivery services for the Improvements (“Project Related Administrative C osts”)), and other operating expenses. The administrative cost of the City for the Improvements, including any and all Project Related Administrative Costs, shall not exceed 5% of the proceeds from the sale of the Bonds.
(ii) The proceeds from the sale of the Bonds shall only be spent on projects and programs that serve the jurisdiction of the City.
(iii) This Ordinance shall be the ordinance through which projects will be funded and the City hereby certifies that it has evaluated alternative funding sources. (iv) The City shall conduct an annual, independent performance audit to ensure that the Bond funds are expended pursuant to this Ordinance.

Ordinance/Calling Bond Election Page 9 of 14

(v) The City shall conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of those proceeds have been expended for the public infrastructure authorized by this Ordinance. (vi) The City shall post the audits required by clauses (iv) and (v) in a manner that is easily accessible to the public.
(vii) The City shall submit th e audits required by clauses (iv) and (v) to the California State Auditor for review.
(viii) The City shall appoint a citizens’ oversight committee (the “Bond Compliance COC”) to ensure that Bond proceeds are expended only for the purposes described in the measure approved by the voters. Members appointed to the Bond Compliance COC shall receive educational training about bonds and fiscal oversight.
(ix) Any entity owned or controlled by a member of the City Council shall be prohibited from bidding on any work funded by the measure. (x) A separate account shall be created and held by the City, into which the proceeds of the Bonds shall be deposited and applied solely for the Improvements.

Expenditures shall be tracked on a project by project basis to facilitate project oversight and compliance audits.
(xi) The City’s Director of Finance shall file a report with the City Council at least annually showing the amount of Bond proceeds collected and expended, and the status of the Improvements.
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If approved by California voters, any transparency or accountability provisions of ACA1 not already expressly provided herein are hereby incorporated by reference in this Ordinance. The City Council hereby declares its intent that this Ordinance and the accountability measures contained herein shall comply with ACA1 and any and all other statutory or other requirements determined to be required for compliance with ACA1. To the extent any provision of this Ordinance is determined to be inconsistent with the terms of ACA1, or any other applicable state law, the City is authorized and directed to make any necessary conforming changes.
(b) In addition to the State Accountability Requirements, the City Council hereby adopts the following local accountability and transparency requirements relating to the Bonds and the use of Bond proceeds (“Local Accountability Requirements”):
(i) Expenditure Plan Requirements. Bond proceeds shall only be used on Improvements in strict accordance with the terms of the adopted Expenditure Plan, as it may be amended from time to time subject to the requirements of Section 13(b)(ii), below.
(ii) Required Process for Amending Expenditure Plan. City staff shall review, analyze and make a recommendation on any proposed substantive amendment to the Expenditure Plan (“Amendment”). Prior to City Council consideration, any such proposed Amendment shall first be submitted to the Bond Compliance COC for their review and recommendation. Any proposed Amendment shall require the unanimous approval of the City Council.
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(iii) Prohibited Uses . In no event shall Bond proceeds may be used for ( I) improvements to Levi’s Stadium; (II) any Improvements projects for the sole benefit of Levi’s Stadium; (III) Improvements projects within .5 miles of Levi’s Stadium , except Improvements in existing residential neighborhoods designed to be of substantial direct benefit to those areas and not Levi’s Stadium; or (IV) the direct or indirect benefit of any professional sports team.
(iv) Additional Terms for the Bond Compliance COC. The Bond Compliance COC shall consist of 9 members selected by a lottery process and appointed by Council. The committee shall include seven residents, one large busines s representative, and one small business representative (neither of which must be residents, but both must be either an owner or employee of a business headquartered within the City). Additionally, no business representative shall work for, have previously worked for, or be employed by a firm that provides services to any professional sports teams within the City. The role of the Bond Compliance Committee shall be to (I) ensure that project implementation is consistent with all Bond measure requirements, including the terms of the Expenditure Plan; ( II) review and report on annual audits, and (III) review and provided recommendations to the City Council on any proposed amendment to the Expenditure Plan, and (IV) to inform the public concerning the expenditure of Bond proceeds.
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Ordinance/Calling Bond Election Page 12 of 14

(v) Communications Program . There shall be a Bond measure communications program to enhance accountability and transparency including, at a minimum, the following elem ents: ( I) requirement for an annual public presentation on the Expenditure Plan and the status of the implementation of Improvements projects to the Bond Compliance COC and the City Council presented by the City Manager; (II) requirements for an annual presentation of the independent annual audit(s) required in Section 13(b) above to the COC and the Council Audit Committee; (III) status of all Bond funded projects to be communicated on the City’s webpage; and ( IV) notice of all proposed Improvements projects to residents within 1,000 feet of such project(s), with public signage providing further information at the project site(s).

These Local Accountability Requirements are intended to supplement and not replace ACA1 or any other applicable state law. To the extent of any duplication or inconsistency, the requirement(s) requiring the greater degree of transparency or accountability shall apply.

14. Identification of Tax. The tax imposed by this measure is an ad valorem tax levied upon taxable property in the City, and will be used to pay the principal and interest on the Bonds.

15. Official Actions. The Mayor, the City Manager, the Director of Finance, the City Clerk, and any of their designees, are hereby authorized to execute any documents and to perform all acts necessary to place the Bond measure on the ballot. //
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Ordinance/Calling Bond Election Page 13 of 14

16. Interpretation. The provisions of this Ordinance, being necessary for the health, welfare, and safety of the City and its residents, is to be liberally interpreted to carry out its purposes. No error, irregularity or informality, and no neglect or omission of any officer, in any proceeding taken related to the submission of the measure incurring bonded indebtedness to the qualified voters of the City shall void or invalidate any such proceeding, any Bonds issued by the City or any levy of ad valorem taxes to pay principal of and interest on the Bonds.

17. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or applications, and to this end the provisions this Ordinance are declared to be severable.

18. Publication of Ordinance. The City Clerk shall cause the proposed ordinance to be posted at least three (3) days prior to its adoption in three (3) public places in the City and at least three (3) days prior to the ordinance adoption shall cause a single publication in an official newspaper. In accordance with Section 43611 of the California Government Code, this Ordinance shall also be published once a day for at least seven days in a newspaper published at least six days a week in the City, or once a week for two weeks in a newspaper published less than six days a week in the City. The first of said publications shall, in either event, be within 15 days after the adoption of this Ordinance.

No other notice need be given.

19. Adoption; Effective Date. This Ordinance shall take effect immediately after its final adoption in accordance with Section 36937(a) of the California Government Code; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of “The Charter of the City of Santa Clara, California.".

PASSED FOR THE PURPOSE OF PUBLICATION this 9TH day of July, 2024 by the following vote:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Becker, Chahal, Hardy, Jain, and Watanabe,
and Mayor Gillmor
Park
None
None
ATTEST: ~

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

FINALLY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA this 16TH day of July, 2024, by the following vote:

AYES: COUNCILORS :

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference:

1. Exhibit A - Expenditure Plan
Ordinance/Calling Bond Election
Becker, Chahal, Hardy, Jain, Watanabe, Park
and Mayor Gillmor
None
None
None
ATTEST: ~

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA