REPORT TO CITY COUNCIL
SUBJECT
Title
Action to (1) Approve an Expanded Scope of Work for the International Swim Center (ISC) Project, Including the Rehabilitation of the Pool and Dive Tower Facilities at the Current Location (“Project”), (2) Adopt a Resolution Declaring an Urgency in Accordance with City Charter Section 1310, Contracts on Public Works, to Allow for the Award of a Contract for the Project without Readvertising for Bids, and (3) Award the Contract for the Project to Adams Pool Solutions (4) Delegate Authority to the City Manager to Execute Agreements to Implement the Project, and (5) Approve Related Budget Amendments
Report
COUNCIL PILLAR
Enhance Community Sports, Recreation & Arts Assets
Enhance Community Engagement and Transparency
BACKGROUND
The George F. Haines International Swim Center (ISC) was designed in 1965, constructed in 1966, and opened to the public on July 1, 1967. The ISC is located at 2625 Patricia Drive within Central Park and 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, diving tower, changing/shower facilities, staff offices, training rooms, and several support spaces. As the facility has aged, a number of actions have been considered to study, improve, expand, and/or replace the ISC (Attachment 1).
In 2017, the City conducted a Facilities Condition Assessment (Kitchell) of all Parks & Recreation Department facilities, including the ISC. This visual assessment determined that the majority of the ISC was in poor to critical condition, with many components being deemed beyond their useful life. The report recommended engaging a construction professional to further investigate noted concerns, including water damage and plumbing issues (<https://www.santaclaraca.gov/our-city/departments-g-z/parks-recreation/park-projects>).
On August 10, 2023, the City entered into an agreement with LPA, Inc. (Attachment 2) to conduct an initial assessment of the facility. The intent of the assessment was to identify systemic deficiencies, determine remaining operational life, assess risks and compliance with building codes, and provide an itemized cost estimate for rehabilitating the facility at its current location versus relocating it within Central Park or another location elsewhere in the City. This evaluation included architectural, structural, mechanical, Building Code, Americans with Disabilities Act (ADA) compliance, forensic engineering, and investigative expertise. The agreement with LPA, Inc. has since had two Council-approved amendments.
Due to health and safety concerns identified in the assessment produced by LPA, Inc., the ISC was closed indefinitely in January 2024 (Attachment 4). Areas of concern included the administrative building, diving tower and viewing windows, pools (e.g., drain, steps, ladders, stairs, deck, etc.), viewing stands, and perimeter fencing and gates.
During the ISC closure, the City’s Parks and Recreation Department has remained committed to providing lap swim to the community through programming at alternate locations. Additionally, Santa Clara Swim Club and Santa Clara Artistic Swimming were granted use of alternate pools for their program needs at no charge. Unfortunately, the City does not have an alternate deep pool and diving structure suitable for the Santa Clara Dive Club.
On June 25, 2024 (Report to Council 24-120), City Council approved one-time funding for up to $1.86 million to remediate deficiencies and provide use of the training and racing pools with a limited capacity of up to 200 persons. Repairs to the diving tower, diving well, administrative building, and locker rooms were not included in this allocation. This project scope, combined with the capacity restriction, would reduce the overall program delivery at the facility.
DISCUSSION
Facility Remediation Efforts
On July 31, 2024, the City issued a Request for Bids seeking qualified contractors to provide replastering services. On October 22, 2024, the City Council awarded a contract to Adams Pool Solutions (Attachment 5) to provide the following services:
• Perform minor repairs to the main drain
• Replace missing/broken tiles (added to scope of work in January 2025)
• Reset ladders into the pool deck
• Reset interior pool steps to be ADA compliant
• Replaster the racing and training pools
Additionally, the City issued a Request for Bids to address repairs and replacement of the facility’s gate, fencing, and windscreens to comply with Santa Clara County Department of Environmental Health standards governing public aquatic facilities. In December 2024, the City executed an agreement with Tucker Construction for the fencing component of this project.
Improvement Permits and Project Planning
The County of Santa Clara Department of Environmental Health issued the required improvement permit on December 19, 2024. The racing and training pools were drained on January 6, 2025, and construction began on January 13, 2025, with work scheduled through March 2025. However, the timeline did not include time to refill the pools with water, conduct chemical balancing, bring the water to a usable temperature, or secure final permits from the County or City Building Official.
Discovery of Structural Issues
During the week of January 27, 2025 (Week 3 of the project), Adams Pool Solutions convened an emergency onsite meeting to disclose unforeseen damage to the pool’s gutter and apron infrastructure. Staff invited City Councilmembers (with Councilmembers Chahal and Park attending) and aquatic user groups to attend a meeting held on January 29, 2025. During the meeting, the contractor explained the newly discovered issues, along with potential options, estimated costs, and anticipated impacts to the project timeline.
In early February, the project was paused due to rain, allowing staff to further evaluate structural concerns and consider expanding the project scope to include pool boiler/heater and plumbing issues. These discussions led to a memo distributed to the City Council on February 13, 2025 (Attachment 6) and individual Councilmember participated in site visits with staff (Councilmembers Hardy and Cox).
As described in Attachment 6 and summarized below, two options were identified to move forward with the ISC project. The current project scope is referred to as Option A, while the expanded project scope is referred to as Option B:
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 $1.86 million in the 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 - In Phase 1, expand the scope of work to replace the pool decking, recirculation, plumbing, boilers, and perimeter gutter systems for all pools, including the dive well. Option B would also include either the replacement or refurbishment of the dive tower. This option would reconfigure the racing pool depth, lighting, temperature and equipment to adhere to County of Santa Clara requirements, create operational efficiencies and redundancies, while meeting current the competition standards across multiple disciplines. These improvements are expected to extend the life of the facility a minimum of 25-30 years. In an effort to streamline this project and save time, staff is exploring the concept of delivering the project in an unconventional manner that includes accelerated design, and minimal City design reviews. This would help minimize the pool shutdown time but in doing so the City will assume more risk related to unforeseen issues and change orders than a project that goes through the conventional design process. It is too early to lay out exact schedules, but staff is working with the consultant, LPA, Inc, and based on preliminary discussions are looking at the potential of completing the project in less than 2 years.
Additional construction costs for Option B Phase 1 were roughly estimated at $4 million to $5 million over the current budget. After the original estimate shared with City Council, the aquatics user groups requested that the racing pool depth be increased to meet international racing standards of 3 meters. This was twice the additional depth that could be achieved through simply updating the gutters to rim flow, which would have added 12-14 inches. The current depth of the pool (with existing gutter system) is 6 ½ feet. Additionally, the estimate for replacing the dive tower was modified by LPA as early work began on schematic design to approximately $2 million to replace the tower in kind.
Although the originally shared estimate was $4 to $5 million, after discussions with the aquatics user groups and LPA, as well as adding 25% contingency to allow for additional unforeseen circumstances, a recommendation to increase the contract authority to a not-to-exceed amount of $10 million is recommended for Phase 1 of the project. This will allow staff to efficiently navigate the project in a timely manner and provide adequate contingency funds to address unknowns with the project costing and scope (such as the replacement or refurbishment of the dive tower). Staff will continue providing updates to the aquatics user groups and City Council as the project progresses.
At an additional expense, Option B Phase 2 of the ISC Project can run concurrently and will include demolition, design, and construction of new administration, restrooms/locker rooms, and equipment storage facility. If Option B is chosen, a cost estimate will need to be developed for this phase of the work.
Subject to obtaining further Council approval, all of the above-described work could ultimately be funded using proceeds from the Measure I voter-approved infrastructure bond.
If Council proceeds with Option A, the replastering project would be one of multiple phases taking years to complete, while causing multiple/extended service disruptions for the City and aquatic user group programming. If Option B is selected, this project can be completed in two phases, with full access to the water for all user groups, including the City, as outlined above.
Summary of Costs to Date
On June 25, 2024, City Council approved $1.86 million in one-time funding for the Planning and Construction of Temporary and/or Permanent ISC Replacement Facility project in the Parks & Recreation Capital Fund. The expenses outlined below would have been incurred to deliver Option A, and can be applied to the overall strategy to achieve Option B. To date, the following expenses have been incurred:
|
Vendor / Supplier |
Total Expense |
Encumbered Amount |
|
Adams Pool Solutions |
$186,590 |
$233,482 |
|
Knorr Systems (pool sweep/robot) |
$8,246 |
$8,246 |
|
Tucker Construction |
$69,721 |
$128,019 |
|
Lincoln Aquatics (ADA Lift) |
|
$8,886 |
|
LPA, Inc. |
|
$400,000 |
|
TOTAL |
$264,557 |
$778,633 |
Aquatic User Groups: Communications and Impacts
Staff met with the Aquatic User Groups on three occasions (December 17, 2024, January 31, 2025, and February 26, 2025) to discuss the status of the Measure I Bond, Community Oversight Committee and Community Aquatics Facility Steering Committee, temporary re-opening of the ISC, interim facility needs, and various updates throughout the replastering project. During the February 26th meeting, staff discussed Option A and Option B, as outlined above, with all the Aquatic User Groups.
The Aquatic User Groups expressed unified support for Option B. Given the extreme adverse impacts the delays in re-opening the facility is having on the viability of their programs, and the kids in those programs, they also expressed support for the using the existing architect and contractor working on the facility in order to efficiently expedite the process.
Since January 2024, there have been several material adverse impacts on local non-profit aquatics user groups, including:
• Lack of consistent space has caused on-going disruptions to programming schedules
• Alternate locations do not match what is 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.)
• Increased travel time to and from alternate sites causes challenges for families (e.g., homework, dinner, other commitments, etc.)
• Inability to safely store equipment at rental locations
• Staff offices are not available at alternate sites
• Movement of equipment from site to site causes increased wear and tear and reduced replacement schedule
• Financial strain on organizations due to increased pool rental costs
• Increase in membership dues
• Sense of team, camaraderie and corresponding pride impacted due to separate schedules and/or locations
• There is a unique legacy of each club providing athletes to collegiate programs, world class athletes to National, International and Olympic Teams as well as professional shows. This notoriety ties back to the City of Santa Clara and the International Swim Center
• Some alternate locations do not have the same security features the clubs are accustomed to at the ISC (e.g., staff monitor at door, gated facility locked, etc.)
• Uncertainty on the long-term viability of the aquatics user groups based overextended operation restrictions
In addition to the impacts experienced by local non-profit aquatics user groups, the 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 our residents. In 2022, the last year of uninterrupted ISC operation, the City served over 20,000 participants for these services. Since the 2024 closure, the City has served less than 1,000 participants for the same services. Due to the impacts outlined above, Option B is receiving clear and collective support from the aquatics user groups and City staff.
Declaration of Urgency: Waiver of Formal Public Works Bidding
The Santa Clara City Charter Section 1310 generally requires that public works contracts involving an expenditure of more than $1,000 be awarded to the lowest responsive and responsible bidder. The City Charter also 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. The determination of urgency requires at least four (4) affirmative votes and a declaration of facts constituting such urgency.
As outlined above, there are several programmatic, financial, and social impacts on the City and local non-profit Aquatics User Groups resulting from the ISC’s closure that weigh in favor of waiving formal public works bidding procedures. First, based on communications with the aquatic user groups, a significant delay to conduct public bidding will cause substantial adverse impacts on the individual parents and youth participants in the Aquatics User Group activities, and will also threaten the financial viability of those user groups. In addition, based on information from the City’s Parks & Recreation Department, any and all delays in general community access to ISC programs has had, and will continue to have, material adverse impacts on public health and well-being as youth, adults and seniors alike within Santa Clara and the region will continue to be denied full access to aquatics programs and health benefits at that facility.
If the City Council approves adoption of an urgency declaration, staff recommends awarding the contract for expanded scope to Adams Pool Solutions. The original contract with Adams Pool Solutions was procured through a competitive bidding process for non-public works projects pursuant to Santa Clara City Code Section 2.105.140(d). In addition, over the past 19 months, the City has procured the services of Adams Pool Solutions through three separate competitive bid processes for work at Mary Gomez Swim Center (August 2023), the Senior Center Natatorium (December 2024), and the ISC (August 2024).
Unlike the original scope (Option A), the expanded scope presented to Council as Option B is considered a public works project under City Charter Section 1310. Given the expanded project scope and the urgent need to reopen the ISC for City programs and local non-profit aquatics user groups, staff is recommending City Council consider proceeding with Adams Pool Solutions under the urgency exception for public works bidding. This would enable the continuation of work by Adams Pool Solutions already engaged for the original scope.
Additionally, on March 11, 2025, the City Council approved Amendment No. 2 to the agreement with LPA, Inc., allowing staff to utilize the existing architectural firm selected through a competitive procurement process (Agreement in negotiation and not yet finalized for attachment).
Next Steps
LPA, Inc. is working on the schematic design and construction cost estimate phase. Once schematic design is complete, LPA estimates the engineering design work could take approximately 2 - 4 months if everything goes smoothly. At that time, the documents will (based on the stated goals) simultaneously go through City and County aquatic facility plan review and permit processes to ensure all facilities meet minimum health and safety standards while ensuring the functionality, flow, and ease of use for consumers and operators alike. These timelines are dependent upon receiving a County permit in a timely manner. The Consultant and County will coordinate site inspections as part of the plan check process to verify compliance with the engineering plans.
As noted above, the Council may proceed by adopting an urgency declaration and award a contract to the current contractor (Adams Pool Solutions). If an urgency declaration is adopted, the standard Request for Bids process would not be necessary. Without invoking a public works bid exemption as detailed above, staff will be required to follow the standard public works bidding process which will add several months to the overall project timeline.
The average timeline to complete a basic public works project is approximately 34 months. This includes scope development, consultant procurement, bid, and construction. Through discussions with LPA it is estimated there may be an opportunity to shorten this timeline approximately 12 months through utilizing existing design and construction firms, accelerating the design process and minimizing plan reviews. There are many variables to this schedule which include the age of the infrastructure, unforeseen conditions, outside agency coordination, weather, and the current economic supply-chain landscape. Because of these factors, the City, consultant, contractor and aquatics user groups need to be prepared for changes, and stay in constant communication around the overall project timeline.
Staff would return to Council in late-summer 2025 with an additional recommendation related to the bleacher canopy as well as the administration building which may include multiple amenities, such as restrooms, shower facilities, locker room, storage, office space and/or a community meeting room (Phase 2).
Bond Measure / Replacement
In November 2024, Santa Clara voters approved Measure I that authorized the issuance of up to $400 million of General Obligation bonds to support the City’s infrastructure. Of the $400 million in General Obligation bonds, an estimated $115 million is earmarked for Parks, Libraries, Senior Center and Aquatics Facilities, with $45 million specifically designated for Community Aquatic Facility/ISC Renovation/Replacement.
The staff recommendation creates an opportunity to utilize the $45 million in aquatics-related general obligation bond funds to:
• Restore the three swimming pools with new plumbing, mechanical and gutter systems in the existing ISC footprint, including addressing the dive tower, repairing the grandstands and canopy, and new administration building at the ISC
• Rehabilitate Warburton Swim Center with additional community amenities
• Conduct repairs at Mary Gomez Swim Center
• Enhance the Senior Center Natatorium
A Community Aquatics Facility Steering Committee will be convened to provide input relative to the bond funds available to meet the aquatics needs of the community. The Committee may provide input on matters such as:
• Current and future community aquatic program needs and partnerships
• Conceptual and facility design needs and locations
• Business model reducing the net operational cost of aquatic facilities, while planning for long-term infrastructure maintenance and replacement
Although the decision to use bond funds for the expanded scope of work for the ISC Project is not before the Council with this item, this is an item staff would intend to bring back to the Council later this year for Council consideration and action.
ENVIRONMENTAL REVIEW
The action being considered is exempt for the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 “Existing Facilities” as the activity consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agencies determination.
FISCAL IMPACT
Option A costs are estimated at $1.86 million and cover short-term improvements; the budget includes funding for these costs. Option B - Phase 1 costs are estimated to total up to $10 million and cover long-term improvements. Option B - Phase 2 costs are yet to be determined; these costs will be brought forward at a later date.
The Planning and Construction of Temporary and/or Permanent ISC Replacement Facility project has a total budget of $1.86 million in the Parks & Recreation Capital Fund. Of this amount, $1.36 million is allocated for FY 2024/25, and $0.5 million is allocated for FY 2025/26. Staff is recommending additional funding of $8.14 million to bring the budget to $10 million to cover the Option B - Phase 1 costs. General Obligation Bond funds will ultimately be used to cover this additional cost. On an interim basis, staff is recommending the use of the General Fund Land Sale Reserve to bridge the funding gap. The Land Sale Reserve funds would be reimbursed once the General Obligation bonds are issued, expected in FY 2025/26. General Obligation bond funding would also be used to fund Option B - Phase 2.
The table below describes the recommended budget amendments to bring the project budget to $10 million. This includes the temporary use of the General Fund Land Sale Reserve of $8.14 million. In addition, $500,000 set aside for the project in FY 2025/26 is recommended to be shifted to FY 2024/25. The funding is currently set aside in the General Fund Reserve for Programmed Capital Projects. Any funds not expended or encumbered in FY 2024/25 will be carried over to FY 2025/26.
Budget Amendment
FY 2024/25
|
|
Current |
Increase/ (Decrease) |
Revised |
|
Parks and Recreation Capital Fund |
|
|
|
|
|
|
|
|
|
|
|
Expenditures |
|
|
|
|
Planning and Construction of Temporary and/or Permanent ISC Replacement Facility (project 3196) |
$1,362,069 |
$8,637,931 |
$10,000,000 |
|
Revenues |
|
|
|
|
Transfer from the General Fund - Land Sale Reserve |
$0 |
$8,137,931 |
$8,137,931 |
|
Transfer from the General Fund - Reserve for Programmed Capital Projects |
$0 |
$500,000 |
$500,000 |
|
|
|
|
|
|
General Fund |
|
|
|
|
Transfer to the Parks and Recreation Capital Fund - Land Sale Reserve |
$0 |
$8,137,931 |
$8,137,931 |
|
Land Sale Reserve |
$18,481,000 |
($8,137,931) |
$10,343,069 |
|
Transfer to the Parks and Recreation Capital Fund - Reserve for Programmed Capital Projects |
$0 |
$500,000 |
$500,000 |
|
Reserve for Programmed Capital Projects ($500K for project 3196) |
$6,107,871 |
($500,000) |
$5,607,871 |
Staff intends to return to Council in the future for additional fund appropriation, for Phase 2 (e.g., bleacher repair, bleacher canopy and administration building).
COORDINATION
This report has been coordinated with the Finance Department, City Attorney’s Office and City Manager’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 clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
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;
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.
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.
Staff
Prepared by: Carolyn McDowell, Senior Management Analyst
Approved by: Damon Sparacino, Parks & Recreation Department Director
Approved by: Jōvan Grogan, City Manager
ATTACHMENTS
1. ISC Timeline
2. LPA, Inc. Agreement
3. Amendment No. 1 to LPA, Inc. Agreement
4. LPA Visual Observations Assessment Report
5. Adams Pool Solution Agreement
6. ISC Project Update Memo to City Council
7. Declaration of Urgency Resolution