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The Health Department issued a variance to BBI Construction, one of the contractors, on behalf of the city to allow for certain qualified uses of the porous deck, but the variance “does not address this potential code issue,” the report states. Improper drainage leads to the formation of algae and “other undesirable bio-organisms.” As a consequence, “these wet-deck areas appear not to be code compliant” with the state’s building code. No such slope could be found, as several areas did not even have the required 4 feet of wet-deck (the code allows half the space to fall below the 4-foot threshold). The state’s building code requires the wet decking around the pad to slope at between 2 to 4 percent for the first 4 feet. Here’s a summary of the consultants’ findings:

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Either way, the cost will not be minor, and the city is not necessarily assured of a win in court, if it intends to recover all costs. Martin Aquatics’ report illustrates the extent in words as dispiriting as the pictures and in ways that may leave council members pondering how the splash pad could be merely repaired, as opposed to rebuilt. What had started as electrical issues, then filtering issues, then pad surface issues (as the city’s communications office was compelled to portray the series of unfortunate events) soon took on the appearance of a boondoggle. Meanwhile, the consultants’ report leaves no doubt that the splash pad, intended to be the crown jewel of the city’s parks, could not but close after only a few fitful weeks of operations after its May 2021 opening to great fanfare: its IWF, or Interactive Water Features, as goes the way consultants refer to a splash pad, were dysfunctional. But mediation is planned for October between the city and the contractors in an effort to avoid that step. The attorney the city hired for the purpose said the city should be prepared to sue if necessary. The city administration is tallying all repair costs as it intends to recoup them, through legal action if necessary, from parties responsible for the splash pad construction. The council is expected to approve that re-engineering step. That proposal is before the City Council this evening. To design those fixes, Martin Aquatics would charge the city $92,000.

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Martin Aquatics outlines what should be fixed, but how to do that would be the next step, if the city takes on the firm as its engineering form of record. It is the work of Martin Aquatics, the engineering firm the city hired to evaluate what went wrong at the splash pad, whom to blame among contractors and subcontractors, and what should be fixed.














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