,, M
+
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 Locating $108,013
Topographic Survey $76,368
Pool Structure Leak Detection $12,157
Table 82: Hourly Rates
Classification Reaular Hourly Rate*
Principal
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 Re~ular Hourly Rate*
Design Coordinator II $170.00
Desiqn Coordinator I $145.00
Designer Ill $135.00
Designer II $120.00
Designer 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.
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 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
4/8/2025
1 Background
. 2
Expanded Scope of Work
with the International
Swim Center (ISC)
Project
Item #7, RTC #25-140
April 8, 2025
Item# 7
POST MEE~ING MATERIAL
1 4/8/2025
3 4
Background (continued)
• Since 1999, the ISC discussion have included: Master Plan, site expansion , improvements and reconfiguration
• 2018 Kitchell Report: Park Facilities Condition Assessment • 2023 LP A, Inc. hired to conduct ISC facility assessment • 2024 results of assessment led to the facility's closure Background (co ntinued)
• June 2024 Council approved $1.861\II to address facility access/safety issues and replaster the training and racing pools
• July 2024 issued Request for Bids for replastering and fencing • October 2024 Council awarded contacts
• December 2024 County permits obtained to begin work
• January 2025 maintenance project began
Item# 7
2 4/8/2025
5 6
Not Included in Temporary Reopening
• Boiler
• ADA
• Health and safety - unique bodies of water
• Dive well and tower
• Plumbing
• Electrical
• Structural issues (e.g., locker room, office space, mechanical room, etc.)
Item# 7
3 4/8/2025
7 8
Structural Issues Discovered
• In week #3 of the project, contractor discovered ~~;;~ damage to pool gutter and apron infrastructure
Council Consideration
• Prior Council action
- Option A: maintenance for temporary reopening
• Current Council consideration
- Option B: expanded scope of work
Item# 7
4 4/8/2025
9 10
Option A -
Temporary Reopening Project
• Perform minor repairs to the main drain
• Replace missing/broken tiles
• Reset ladders into the pool deck
• Reset interior pool steps to be ADA compliant
• Replaster the racing and training pools
Pros
Addresses safety improvements to fencing (exterior
perimeter)
Includes safety improvements to training pool drain
Meets current ADA requirements for in-wall steps
Replastering of training and racing pools
Soonest available option to partial ISC opening (race
and training pools only}
Doesn't address full needs of Artistic and Dive
Team(s)
Maximum capacity of 200 persons . In turn,
capacity limits programming and events
Doesn't address on-going boilers or maintenance
issues resulting in added staff time and resources
Replastering has the potential to identify the need
for unanticipated repairs (e.g., gutter)
Substantial cost to remediate fraction of
deficiencies
Still need to proceed with added work at a later
date
Item# 7
5 4/8/2025
11 12
Option B -
Expanded Scope
• Everything in Option A, plus
• Dive well and tower
• l\!Iechanical equipment to support pools, including exclusive boilers for each body of water
• Plumbing throughout the facility
• Electrical upgrades
• Address ADA inside pool and throughout the facility
• Increase racing pool depth
Complete restoration begins/ends sooner. Extends
facility life 25-30+ years
Serves all three Aquatics User Groups and City
programming
Maximizes capacity allowing more flexibility in
programming/events
Addresses plumbing and boiler. Overall operation days
will increase immediately , once back on-line
Work can be supported by Measure I Bond funds for
the ISC and other existing pools/facilities in the City Staff time and resources reduced to conduct on-going
maintenance
Expanded scope of work
Cons
Timeline extended for limited/temporary facility access Delayed License Agreement execution
Item# 7
6 4/8/2025
13 14
Option B
Description
Field estimate with new gutters and dive tower
Increased depth to racing pool
Updated dive tower replacement estimate
Contingency (25%)
TOTAL
,
Option B - Phase 2
• Bleacher canopy
• Administration building
Estimatd Costs
$4-5 M
Unknown
$2 M
$1 .75 M
$8.75-10 M
- Locker rooms with shower and restroom facilities
- Parks & Recreation staff offices and storage spaces
- Lifeguard space and restrooms
- Meeting room(s)
- Optional partner space (e.g., office, meeting, storage, etc.) Item# 7
7 4/8/2025
15 16
Community Impacts
• 2022 City served 20,000+ participants
• 2024 City served less than 1,000 participants
• Financial
• Logistics
• Inconvenient
• Security
Combined, the impact has had short-term and long-term impacts on the success and viability of the organizations
Declaration of Urgency
• The City utilizes two distinct procurement processes: one for general services and another for public works contracts, as follows:
- General services contracts, which include maintenance and repair work, are procured under Chapter 2.105 of the City's Purchasing Code. - Public works contracts, which involve the construction or improvement of public buildings, works, streets , drains, sewers , utilities , parks and playgrounds, are governed by Section 1310 of the City Charter (contracts on public works) .
Item# 7
8 4/8/2025
17 18
Recommendation
1. Determine that the proposed action is exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of California Code of Regulations;
2. Approve an Expanded Scope of Work (Option B - Phase 1) with the International Swim Center (ISC) Project, Including the Rehabilitation of the Facility at the Current Location;
3. Adopt a resolution declaring an urgency in accordance with City Charter Section 1310 (Attachment 7) to allow for the award of the Contract for the Expanded Scope without a readvertisement for bids;
Recommendation (continued)
4. Award the Public Works Contract for the expanded scope to Adams Pool Solutions on the terms presented and authorize the City Manager to negotiate and execute all necessary documents associated with and necessary for the award, completion, and acceptance of this Project, in final forms approved by the City Attorney, with a not-to-exceed amount of $10 million , subject to appropriation of funds, and in forms approved by the City Attorney, to accomplish the expanded scope of work for the three swimming pools and their associated operational needs , and Authorize the City Manager to execute all change orders for the Project.
Item# 7
9 4/8/2025
19 20
Recommendation (continued)
5. Approve the following FY 2024/25 budget amendments:
A. In the Parks and Recreation Capital Fund, recognize transfers of $8,137,931 from the General Fund Land Sale Reserve and $500,000 from the General Fund Reserve for Programmed Capital Projects and increase the Planning and Construction of Temporary and / or Permanent ISC Replacement Facility project by $8,637,931; and,
B. In the General Fund, establish transfers to the Parks and Recreation Capital Fund of $8,137,931 from the Land Sale Reserve and $500,000 from the Reserve for Programmed Capital Projects and decrease the Land Sale Reserve by $8,137,931 and the Reserve for Programmed Capital Projects by $500,000.
Recommendation (continued)
5. Approve the following FY 2024/25 budget amendments:
A. In the Parks and Recreation Capital Fund, recognize transfers of $8,137,931 from the General Fund Land Sale Reserve and $500 ,000 from the General Fund Reserve for Programmed Capital Projects and increase the Planning and Construction of Temporary and/or Permanent ISC Replacement Facility project by $8,637,931; and,
B. In the General Fund, establish transfers to the Parks and Recreation Capital Fund of $8,137,931 from the Land Sale Reserve and $500,000 from the Reserve for Programmed Capital Projects and decrease the Land Sale Reserve by $8,137,931 and the Reserve for Programmed Capital Projects by $500,000.
Item# 7
10 4/8/2025 Item# 7
21 22
11 4/8/2025 Item# 7
23 24
12 4/8/2025 Item# 7
25 26
13 03/28/2025
Mayor Gillmor
City Council Members
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
L/ -J><- ;::),-0 ;;}._ s-
us~
~ ;1-- 7
DIVING
Guts Gr.3ce. Glory .
Dear Mayor Gillmor, Council Members, and City Staff,
On behalf of USA Diving, I am writing to express our enthusiasm and support for the City of Santa Clara's initiative to rebuild the International Swim Center. This project represents an extraordinary opportunity to not only restore the legacy of a historic aquatic venue but to provide a world-class facility that serves the local community, athletes and competitive teams at the highest levels.
Diving is a sport that fosters character, courage, mental toughness, and discipline-qualities that prepare young athletes for success in and out of the pool. Many young divers go on to universities such as Stanford, Cal, UCLA, Harvard, and MIT, among others. Additionally, diving is often one of the most enjoyable aspects of an aquatic facility, especially for young swimmers, helping to encourage water safety skills while inspiring a lifelong appreciation for the sport.
Public facilities that support aquatic sports, particularly diving, are in extremely high demand for regional, national, and international competitions. Santa Clara's International Swim Center is in a prime location for hosting major events, training camps, and developmental programs, presenting economic opportunities related to sports tourism.
We at USA Diving would be honored to assist in any way possible throughout this process.
Whether through guidance on facility design, programming recommendations, or event coordination, we are eager to contribute to a venue that will generate community engagement, attract top-tier competitions, and serve as a lasting source of pride for Santa Clara.
Thank you for your leadership and vision in advancing this project. We look forward to a promising future with a world-class aquatic facility that benefits residents, athletes, and the broader aquatic community.
Sincerely,
Lee Michaud
President, USA Diving
us~
DIVING
Member, United States
Olympic & Paralympic Committee
osT MEETING ATERIAL
3209 Virginia Avenue, Fort Pierce, Florida 34981
P 317.886.6465 usadiving.org
Resolution/International Swim Center Project Declaration of Necessity Page 1 of 4 Rev: 7/27/2023
RESOLUTION NO. 25-9432
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; //
//
Resolution/International Swim Center Project Declaration of Necessity Page 2 of 4 Rev: 7/27/2023
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 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. //
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Resolution/International Swim Center Project Declaration of Necessity Page 3 of 4 Rev: 7/27/2023
(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 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 n ational, 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.
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(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 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 am DAY OF APRIL, 2025, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Attachments incorporated by reference: None
Chahal, Cox, Gonzalez, Hardy, Jain, and Park, and
Mayor Gillmor
None
None
None ~
ATTEST :~
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Resolution/International Swim Center Project Declaration of Necessity Rev: 7/27/2023