water ventures 26234 Enterprise Court Lake Forest, CA 92630

East Bay Regional Park District Shadow Cliffs Slide Park Pleasanton, California

INTRODUCTION

In July, 2012, the East Bay Regional Park District engaged Water Ventures, Inc. to provide a study of the slide park facilities located at Pleasanton, California, known both as The Rapids Waterslide or Shadow Cliffs Waterslide. The slides were constructed circa 1980 and operated by the same concessionaire until the 2011 season. The concessionaire was responsible for building the park and for its operation and maintenance.

The water park was not opened for the 2012 season due to safety concerns and expiration of the agreement between the concessionaire and the District. In the recent past, there have been numerous inspections and reports by various parties the results of which were reviewed by us during our own study. Some of these inspections were carried out by local and state government officials.

Should persons responsible for maintaining the park follow the recommendations contained herein should improve the safety aspects of the park. Amusement parks can be dangerous places and it is only through concerted efforts of the ownership and management that injuries can be kept to a minimum. Reported accidents at this park, those actually reported to the California Department of Safety and Health, are not exceptional in nature or quantity. Most of the twenty one reported accidents from 2004 to 2011 involve lost or damaged teeth, abrasions, lacerations, and a few involve appendages (arms, legs, etc.). Most of the accidents, nine in all, were reported in 2007. Only one occurred in 2010 and it was not actually on a slide but on a mat on the ground. All four of the slides were involved. A website search found the following advertisement by an attorney:

California Waterparks Where Injuries are Common:

The Rapids Waterslide, Pleasonton, Six Flags, Hurricane Harbor, Valencia, Six Flags Waterworld, Concord, Six Flags Waterworld, Sacramento, Soak City U.S.A., Roseville WaterWorks Park, Redding CA, Wild Water Adventures, Clovis California Water Parks, Antioch Water Park, Antioch, Crocodile Dundees, Boomerang Bay, Santa Clara, The Island Waterpark, CA, Fresno, CA, Mustang Water Slides, Orcutt, Raging Waters, San Dimas Raging Waters, San Jose, CA.

http://www.ehlinelaw.com/pages/3443/waterpark-amusement-park-accident.htm

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It is clear then that the park is at least ‘on the radar’ of the personal injury trial lawyer community.

Attendance at the park is unremarkable. The following table represents the tickets sold and gross revenues produced over the last seven years the park operated:

Season (May to Sept) Tickets Sold Gross Revenues 2011 20,476 $ 280,000 2010 23,883 $ 325,000 2009 26,487 $ 340,000 2008 27,004 $ 345,000 2007 24,482 $ 290,000 2006 25,489 $ 270,000 2005 27,175 $ 250,000

While this is not a marketing study, the numbers suggest the attendance over seven years is declining with steady drops over the most recent five year period with a corresponding drop in revenues. Since 2005, attendance has dropped 24.6%. Average attendance in the peak month of July, 2011 was but 241 persons per day.

Attendance can be affected by many factors including, but certainly not limited to, competition from other entertainment venues, the end of the concessionaire’s long term lease leaving him in limbo with respect to investment of his time and money into the park, rise in ticket prices, condition of the equipment, weather and the economy. It is only the condition of the equipment which concerns us here in this report.

This report will consolidate many of the findings of others after corroboration by our own investigators and expand the scope of the investigation. Principal investigators for Water Ventures were Maarten Voogd, President of Water Ventures, and Calvin (Terry) Brannon, an experienced water park designer and consultant in operations and maintenance with over 35-years in the field.

On August 16, 2012 we made a site visit to Shadow Cliffs accompanied by Chris Benoit, a former employee of the water park operator and now an employee of the Park District. We were also accompanied by Warren Schultz, also an employee of the district. On the following day, we held a brief meeting with Mimi Waluch and Jim O’Connor of the East Bay District main office.

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GOVERNING CRITERIA

Water parks in general, and slide parks in particular, are a hybrid of amusement park and swimming pool and therefore fall under design constraints and codes for both. They are completely regulated by neither the amusement park regulators nor the swimming pool regulators. However, several codices come into play:

1) California Building Code, Title 24, Part 2, Chapter 31B governing the construction of public swimming pools. (By definition in the code, water parks, even privately owned water parks, are termed public swimming pools).

2) American Society for Testing Materials (ASTM) Designation F2376-08 “Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems”

3) The National Electrical Code, especially Article 680, governing the installation of electrical devices and systems for swimming pools and fountains.

4) The Virginia Graeme Baker Act of 2007 (Pool and Spa Safety Act of 2007), a federal law governing suction outlet devices for swimming pools.

5) California Code of Regulations, Title 8, Section 3195.11,OSHA, Subchapter 6.2. Permanent Amusement Ride Safety Orders Article 3. Aquatic Devices.

6) The Americans with Disabilities Act governing access to park facilities.

Since water park slides by their very nature can be generators of litigation owners should be aware that minimal compliance with regulations may not be sufficient grounds on which to mount a defense. In a court of law, prevailing standards of care or ‘state of the art’ usually come into play both of which may exceed the minimal standards set forth in codes and regulations. Therefore, we do not usually rely on ‘grand-father’ clauses which act to excuse prior substandard construction or operations no matter how minor. Rules change over the years as health and safety issues come to light and governments and park developers adapt to market changes.

On that basis, the reader is advised that the finding and reporting of a deficiency by our consultants does not imply an illegal action, error or omission on the part of anyone and the purpose of this report is certainly not to assign responsibility for these defects. The intent of this report is to provide the East Bay Regional Park District foundational information for some future plan of action.

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GENERAL DESCRIPTION OF FINDINGS

The four-slide complex that is Shadow Cliffs is over 30 years old and exhibits a significant list of deficiencies after all these years while at the same time providing signs of tenacious durability. First of all, let us group the items on the list by category:

• Site issues and pools • Mechanical and electrical systems • Architectural barriers in buildings

Site Issues and Pools

Slides. The slides rest on a man- made hill either just above the surface of the ground or just below it, depending on where you look. The hillside is somewhat unstable and subject to small slides. As a result, the fiberglass flumes have deflected where earth loads have been imposed over the years. Essentially there are two slide paths mirrored to provide four independent slides. The two outside slides are approximately 482 feet in length. The inside slides are approximately 462 feet in length. Approximate fall from top to bottom of slide is about 48 feet more or less. Therefore the average slope is about 10 per cent. Reported average velocity is slightly less than 20 feet per second. It takes from 25 to 30 seconds to negotiate the course, we are told.

A check of the path geometry of the slides shows that the amount of g-forces sustained by sliders is within the 2 to 3 g’s limitation defined in ASTM F2376-08. G-forces alone do not define the safety of a slide however. There are several issues that concern us:

1) Slide condition, particularly the fiberglass and painted surfaces, is poor and deteriorated and must be addressed. There are numerous cracks in the gel- coat, signs of delamination, chipping of the painted surfaces, and seam cracking. Surfaces are so worn that sliders now must use mats. 2) The slide flumes are poorly supported. The floors and walls deflect excessively under load and will eventually fail due to fatigue. The slides were never designed to retain earth loads and yet the lower flumes are required to do just that. They have deflected seriously. 3) The slide transitions into tunnels (two locations) are abrupt. Forty-five degree transitions from the top of the adjacent open flume to the enclosed flume are required. 4) The containment rails placed at the top of outside curves are sharp, discontinuous, and in some cases, loose. They, too, should have forty-five degree transitions so that blunt edges are not presented to the sliders.

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Drainage. Drainage is a localized problem. Water off the hill side collects in a trough running below and perpendicular to each of the slide exit flumes but above the plunge pools. On the deck are located several small area drains that do not appear to work as originally designed. There is evidence of water bypassing the drains and running over the surface of the concrete. The intent originally seemed to be to re-route the runoff water either by gravity or through sumps from the decks and from the trough.

Decks and Walks. Deck space appears to be compliant with building codes (only a four foot deck out from the pool is required) but seating space within the fence is minimal. No handicapped seating is available. Picnic tables, within or without the fence, are not designed for the handicapped visitor.

Deck concrete has separated vertically over the years creating tripping hazards or ponding of water over the site. In one location, standing floor mats have been placed within what appears to be a ‘bird bath’ on the concrete surface. Water should never be allowed to pond on decks.

ADA compliant access to the top of slides is not required in our estimation since the slides constitute amusement rides. However, ADA access is required from ADA parking spaces in adjacent parking lots via accessible routes to the water park interior. Inasmuch as the plunge pool is not used for swimming but rather is a part of the amusement ride, there is no requirement for ADA access into the pool itself. Addition of picnic tables or other functions at the top of the hill would in all likelihood generate an ADA requirement for an accessible route to the top of the hill. As long as the sole reason for the path is to access the ride, we believe ADA access is not mandatory.

ADA access is not mandatory into pool mechanical spaces.

Security and Fencing. From an operations and security perspective, all portions of the surrounding fence are not visible from pool manager observation points and such points of low visibility invite security breaches both during open hours and after hours. Chain link fencing is allowed by the California Building Code for securing swimming pools but must have a maximum horizontal opening of 1-3/4 inches. The present fence exceeds that opening width. While relocating the fences as described in our list of remedial work it would be a good time to either modify the chain link fabric with slats or replace with a tighter woven fabric or other type fence.

The district has installed security cameras at other park venues and has recommended installing new cameras to district specifications in the water park as well. We have included the cost in our recommended remedial actions.

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Plunge Pools. The plunge pools in place are four identical fiberglass pools approximately 10’ x 24’ and about five feet deep. The pools have a set of connecting pipes from pool to pool through a sidewall. Each opening is covered with a PVC pipe grid ostensibly to protect swimmers. From the bottom of the pools suction to the filter pumps is taken through a manufactured main drain grate. The drain cover is not approved under the federal VGB regulations. In our opinion, the openings between pools constitute a suction device under the VGB regulations since they are connected hydraulically to the pump suction pit. A draw down within the pump pit (say due to a discharge pipe which empties the pool) will lower the pump pit quickly and create differential head between the swimming pool(s) and the pump pit. Differential head will create entrapping forces on the PVC pipe grids. The VGB does not recognize indirect suction, which we have in this case, as adequate protection against suction entrapment.

The plunge pools are damaged by hydrostatic uplift on the floors and earth loads on the side. Walls are deflected. Floors in each of the four pools are buckled. Concrete wheel- stops are placed into the pools in the off season in an attempt to keep the pools from floating. Although, they do not appear to have floated, the fiberglass is not sufficiently strong to resist the external pressures and the floors are irreparably damaged.

The four plunge pools are approximately 21 feet from end of flume to top of the step opposite the flume. While ASTM F2376-08 mentions the length of the deceleration pool must be adequate, it does not define that length in terms of feet. Many states and many of the major slide manufacturers provide their own requirement of 25 feet from end of flume to back wall, not including steps or ramps exiting the plunge pool. In our opinion, the slide plunge pools will have to be replaced and while being replaced should be lengthened to a minimum of 25 feet clear length from flume to back wall. The issue becomes more pressing now that sliders use mats which tend to skip the slider farther into the plunge pool.

Making the maximum depth at the slide discharge between 42 and 48 inches will make the discharge safer. The discharge point is too deep at present.

ASTM F2376-08 does, however, specify that the clear horizontal distance from the side wall of a plunge pool to the inside wall of a slide at its nearest point must be five feet. The existing slide plunge pools do not have adequate side wall clearance.

A single pool is acceptable so long as slide paths extended into the pool do not conflict with one another and sliders exiting the pool do not cross the path of sliders entering the pool.

The plunge pool must be fully circulated, filtered and disinfected 24 hours per day during

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Mechanical and Electrical Issues

Pumps. The slide booster pumps consist of three 40-horsepower Worthington vertical line shaft pumps suspended by small steel I-beams over the pump suction pit. Line shaft pumps have one or more bowls which contain impellers turned by the shaft of the motor. These pumps are not widely used in the swimming pool and water park industry due to several factors: they are not usually highly efficient, they do not have a cleanable strainer, they do not handle small solids well, and, in this case, they are suspended over a wet well where they cannot be easily serviced. To their credit, they are durable pumps. Line shaft pumps are frequently used in potable water supply and irrigation water wells. These particular pumps, we are told, have new or recently rebuilt motors. The pumps and motors can be salvaged and adapted for use in a renovated park if desired.

The pump support beams were severely corroded and would have to be replaced if these pumps were to remain in service.

Filters. There are four filters – two diatomaceous earth (DE) and two high rate sand filters. The filters used are generally described as light commercial or residential filters although they are NSF (National Sanitation Foundation) listed in keeping with California law and can be used on any pool. The two DE filters are fed by two low-horsepower pumps. The two high rate sand filters have no feed pumps but rather are fed from a branch from the slide booster pump discharge manifold meaning that these two filters are not working if the slides are turned off.

Mr. Benoit, who operated these pumps and filters for several seasons, said that the filters were never backwashed ‘because of the pressure’. Someone told him, he explained to us, it would be better for the filters, from time to time, to remove the filter heads and manually clean the filters, both sand and DE. This is not in keeping with the manufacturer’s recommendations for cleaning filters.

A single non-corrosive commercial high rate filter tank with single lever linkage to facilitate backwash is recommended here. Another option would be one of the new regenerative media filters which do not backwash, thereby conserving water and chemicals. They are quite expensive but, in theory at least, pay for themselves in five to seven years by conserving water. [They also have excellent effective filtration removing even legionella and cryptosporidium which chlorine does not efficiently inactivate.]

Chemical Feed. Chemical monitoring was, according to Mr. Benoit, performed several times a day manually. Acid for pH control and liquid bleach (sodium hypochlorite) were manually fed when test results indicated a need.

Manual feeding of chemicals is not permitted under the California codes as the sole method of controlling pH and disinfectants. Title 24 of the Code of Regulations specifically requires automated monitoring and feed controls. Manual feeding usually results in spikes in chemical levels and wasted chemicals.

Meters and Gages. Each filtered return line is to be metered and each pump is to be pressure (or vacuum) gaged according to the California code. There is one impact meter on one discharge line but it is incorrectly installed and will not give true readings. We did not see any other flow meters or pump pressure gages. Gages on the tops of the filters are for

Phone: 949.470.3299 [email protected] FAX: 949.470.3699 Report to East Bay Regional Park District Shadow Cliffs Water Slide Park Page 8 reading the influent pressure on the filters. As useful as they are for filter cleaning scheduling, they are essentially useless in reading system total dynamic head.

Turnover Rate. The code is unclear on what the turnover rate (rate expressed in minutes or hours for filtering the entire volume of the pool) is for a slide plunge pool. A swimming pool in California must have at least a 6-hour turnover rate. Our experience shows a slide should have a 3- or 4-hour turnover rate. That being said, it was not possible to determine the turnover rate for the pool as it sits. There are no operating meters or gages on which to determine flow rates and two filters draw from a branch line off the slide pump discharge line in unknown flow rate. The number and size of DE filters and pumps appears to be adequate for a 6-hour turnover based on the present pool size (total of about 36,000 gallons) even without the high rate sand filters. We do not know why the additional filters were added unless in response to turbidity issues in the pool.

Nevertheless, our recommendation for a new commercial filter stands.

Suction and Return Lines. Slide suction is directly from the suction pit through the line shaft pump and therefore there are no suction lines for slide supply. The discharge is through an unknown route up the hill to the entry tubs for the slides. The sizing appears adequate at each end. Without the required pressure gages it is quite impossible to tell what the system head is.

The filter pump suction (for the two DE filters) is from a suction wet well off the end of the filters which appears to drain by gravity from main drains in the pool floors. The drain covers in the pools are not VGB certified and are not installed in pairs, each drain 36 inches from the other, in keeping with California regulations.

Return from the filters is not distributed to all parts of the pools but rather seems to be distributed through one pipe over the end wall of each pool and without proper nozzles or distribution patterns. In fact, with the discharge pipes from the filters dumping over the end wall, the flow is largely shunted directly to the suction main drain also at the end wall or through the balancing pipes between pools and straight to the slide pump pit. The result is poor distribution of chemicals to all parts of the pool and the creation of dead zones.

The pools do not have the required surface skimmers. Surface skimming is done manually, we are told.

Even if the pools did not have to be removed, the drains and recirculation system would be required to be rebuilt correctly.

Electrical. A Water Utilities Maintenance Office inspector previously reviewed the installation and noted deficiencies concerning the rusting switch and panel gear, grounding and bonding, and the 208v/120v transformer. He noted also the area lighting deficiencies where poles were inadequately anchored and wired. We concur with his findings. We also concur with his finding that the area lighting system could not be salvaged.

Area lighting is only necessary for security if the facility is not used for night operations. If used for night operations, the pools would have to have underwater lighting which they do not.

An emergency shut-off switch is required for amusement rides. There should be an accessible ‘bump’ switch to shut down all slide pumps immediately in the event of an

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We did not observe any evidence of the required bonding of metal parts. The National Electrical Code requires in Article 680.26 that all metal parts and metal equipment must be bonded to provide equal electrical potential between parts thereby reducing likelihood of dangerous electrical charges and electrolysis between dissimilar metals. Items that must be bonded together with a single bonding grid or wire include:

• Conductive metal handrails and/or their metal anchors • Reinforcing steel in concrete decks • Reinforcing steel in concrete pool structures • Reinforcing steel in adjacent retaining walls within five feet of the pool or wet pits • Metal fencing within five feet of the pool or wet pits • Metal building components within five feet of the pool or wet pits • Motors for pool pumps. • Motor supports or anchorages • Underwater light niches (none here) • Junction boxes and other metal electrical devices within five feet of the pool or wet pits • Lifeguard chair (if conductive)

This is a very general explanation of the requirements of the NEC. For further information consult the National Electrical Code, particularly Article 680.26.

Architectural Barriers and Restroom Requirements

Restrooms. There are two sets of restrooms on site. There are single compartment toilets on the rear of the food concession building. These are two small toilet rooms with inadequate turning radii for wheel chairs, improper installation of handrails for handicapped accessibility, and non-compliant lavatories and accessories in both. These restrooms cannot be made ADA accessible without extensive building remodeling. The facilities could be renovated and used for lifeguard staff only since accessible facilities are but a few feet away.

The other restrooms, located in a separate part of the building are accessible to patrons only from the outside of the water park. These are shared facilities with picnickers who have not entered the park. Code requirements for restroom room fixtures at swimming facilities are:

For every 60 women or fraction thereof one toilet For every 75 men or fraction thereof one toilet + one urinal For every 80 men or women or fraction thereof one lavatory For every 50 persons one shower

All lavatories and showers must have hot and cold (or tempered) water.

While average daily attendance at its peak in 2011 reached 241 persons per day, logic tells us that probably less than half were present at any one time due to the sale of one-half hour, one hour, and half day passes which far surpasses any all-day pass sales. Therefore using 50% of the average daily attendance (121 persons) and assuming half were male and half female, the fixture count appears adequate with the exception of urinals and showers (of which there were none) when just considering the water park attendees. The showers Phone: 949.470.3299 [email protected] FAX: 949.470.3699 Report to East Bay Regional Park District Shadow Cliffs Water Slide Park Page 10 could possibly be waived inasmuch as this is not a swimming pool per se but rather an amusement ride with water. It appears this is a local code enforcement issue.

The fixtures and stalls are not ADA compliant and should be renovated.

Other Building Issues. ADA also regulates the height of counters for food service and admissions into the park. There are no accessible counters presently.

Door knobs are not ADA compliant for admission into offices or other spaces.

The turnstile exit is not ADA compliant and presents a danger for emergency exit. A crash gate would be preferable. The turnstile also presents an easy access path for trespassers and vandals who will use the turnstile rungs as a ladder to breach the security fence.

IMPROVEMENTS

While our charge was to evaluate the existing facilities and determine a reasonable opinion of what the repairs and remediation would cost, we were also asked to evaluate some operational issues and suggest improvements for the park. The following is a list of suggestions that are not necessary for the re-opening of the park but are still good business practices:

Thinking Green

There are several opportunities to add a little environmental friendly ‘green-ness’ to this project. Here are but a few:

• Install a regenerative media filter that does not require backwash and wasting of water. • Install variable frequency drive motor starters/disconnects for the slide pumps. Variable frequency drives reduce start-up amperage draws and allow fine tuning of the pumps to operate only at the speed necessary to deliver the flow rate required for sliding. We are of the opinion the present motors are not premium efficient rated and therefore cannot be VFD driven. • Install high efficiency pumps. • Automatic chemical monitoring and feeding will reduce chemical usage and prevent dangerous over feeding which can injure people and damage equipment. • Use energy efficient down lighting for security purposes to save energy and prevent night-sky glare around the park. • Replace incandescent lamps with compact fluorescents in all buildings. • Use natural lighting in the restrooms rather than electrical lighting. [This is already the case in the main restrooms.] • Install spring loaded auto-shut-off water saving valves in showers. • Install waterless urinals. • Use electronic flush valves in toilets. • Use electronic lavatory faucets. • Install reflective radiant barriers when the roofs are eventually replaced. • Continue practice of evaporating the backwash pond rather than sending to sanitary sewer.

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Entertainment Value

A review of internet comments about the park shows a general consensus among reviewers that the park is 1) limited in entertainment value and, 2) pricey for what entertainment one does receive. Understanding that the East Bay Regional Park District does not presently have capital for expansion of the park, we provide here suggestions on how a concessionaire/operator could mitigate those issues:

1) The user age group is severely constrained. There are no play features at this park for younger children and middle-aged and older adults. We recommend you give consideration to a splash pool or spray pad to provide activities for younger children ages 1 to 7. A fun splash pad would start at about $300,000 installed. They go up into the millions of dollars. We recommend a smaller splash pad without a multi-level play structure because: a. There is no standing water in which to drown b. Operational costs are very low. c. Parts are largely interchangeable affording an inexpensive opportunity to change the features from time to time. d. The age group bracket is very wide, affording all children hours of fun. e. Since there is no raised platform play feature, no expensive cushioning is required in fall zones. 2) The deck space inside the park is confined and very unappealing. People will come and stay longer and spend more money if they are comfortable in their surroundings. We suggest any requests for proposals from concessionaires give them the option to expand the fences, perhaps even taking in all the picnic facilities adjacent to the water park. 3) Large group facilities are not provided. Corporations, churches, family reunions and other large groups would prefer to have more than just picnic tables on the grass. A concessionaire could benefit from a large shelter for rental with access to the water park. 4) The present buildings are showing deterioration and should be repaired and painted soon.

It is in the best interest of East Bay Regional Park District for the park to be successful and not a borderline failure. To be successful, the park must have expanded opportunities for water play, possibly multi-level play structures, wave pools, leisure pools, lazy rivers, interactive play and the other features that make waterparks across the country so profitable. In our opinion, this site is an excellent venue for such a water park.

While EBRPD may not want to invest the capital for such a venture, it should consider encouraging such development in any requests for proposal sent to private sector developer/owner/operators and allowing additional land to be used for such purposes.

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DISCUSSION OF REQUIRED RESTORATION ITEMS

The following list represents what, in our opinion, is the minimum corrective action that should be considered before reopening of the water park. A corresponding list of deficiencies and the required corrective action is shown on the attached spread sheet of probable remedial costs.

Item 1. Rehab slide supports; footings and brackets; brace sides

There is inadequate slide support under most of the slide length on all four slides as evidenced by noticeable deflection of the floors and walls of the slides. Previous spot repairs including fiberglass patches have been ineffective in the long haul. The remedial cost item includes excavating under flanged slide seams and pouring concrete cradles with galvanized steel mounting flanges bolted to the bottom fiberglass slide flanges. The slide sidewalls are thin and entirely too flexible. This remedial cost item also includes providing lateral bracing for pool sides projecting above the earth slopes, especially in high banked turns.

Item 2. Refinish the fiberglass slides; repair edges and braces; replace rusted bolts

This remedial item includes solvent and blast cleaning of the existing fiberglass flumes in preparation for fiberglass repair over seams, cracks, and edges. Only after fiberglass is repaired can it entirely be gel coated with UV stable color resin. Resins for fiberglass come in a variety of qualities and in outdoor exposures to sun and chlorinated water, a high grade, UV resistant gel coat is necessary. The flange bolts are severely weathered. Some are missing. Slide flanges should be bolted together with stainless steel bolts, nuts and washers through every available bolt hole in slide flanges or mounting flanges in item 1 above.

Item 3. Replace defective sections of flumes

Some sections of flume are so badly damaged or deformed that the section will have to be replaced with a custom formed section to match existing. This occurs mainly at the bottom of the slides including the discharge flumes. In some locations, the side walls need supplemental fiberglass riser extensions to prevent slider ‘run up’ which can cause over turning within the flume and possible injury.

Transitions made of fiberglass are required for risers and for open flume to enclosed flume. These transitions must be made on a 45° angle to the top of the flume as shown in the sketch in Figure 3 from the ASTM F2376-08 Standard Practice for Classification, Design, Figure 2-Photo courtesy of Figure 1 - Deflected flume Pleasanton Patch section Manufacture, Construction and operation of Water Slide Systems.

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Figure 3 - Transition Riser Required

Item 4. Replace stainless steel handrails; install new sleeves;

The stainless steel handrails at the top of each slide and exiting from each slide plunge pool do not meet OSHA requirements for stair hand rails, are insecure in their mountings, and are improperly mounted at incorrect heights. Handrails and anchors are to be bonded electrically to the pool bonding system (NEC Article 680)

Item 5. Replace barrier ropes and posts

Barrier and cueing line ropes and bollards must be replaced to remedy rotted and disintegrating ropes and loose and failing wooden bollards. Ropes and bollards upon which persons may rest their weight should be designed to withstand a minimum of 300 lbs. in any direction

Item 6. Remove area lighting poles, footings and circuits Figure 4 - Handrails

The operator flirted with night operation on at least on occasion but apparently unsuccessfully. Light poles, luminaires and wiring are not per code. At least one pole has failed causing the assembly to fall. The wiring is not on properly ground fault interrupting circuits; neither are metal parts bonded in accordance with NEC Article 680. None of these assemblies are salvageable for continued use.

Item 7. Stabilize slope at base; install retaining walls

Soil instability needs to be rectified by the addition of micro piles, soil/cement trenches, retaining walls, or combinations of these or other slope stabilization methods. Figure 5 - Downed light pole Item 8. Remove overgrown vegetation at slides; create barrier

The hillside is replete with briars, brambles and thorny blackberry vines which have to be trimmed daily during the growing season to keep them from encroaching into the slide flumes. Vegetation should be permanently removed if it is within reach of slide patrons. Access to sides of flumes should not be obstructed for servicing or for emergencies.

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Item 9. Fix drainage pipe, channels and deck drains

Drainage features (deck drains, slot drains, perforated pipe drains, sumps, and surface drainage) appear ineffective. While other work is being performed, the drainage system should be re-built to properly remove storm runoff and splash water from the park.

Item 10. Replace the irrigation system

The irrigation system is severely damaged. In places wiring and solenoid valves are visible. Several damaged heads were apparent. Reworking the deck and pool and repair of flumes in other items of this estimate will necessitate replacement of much of the irrigation system.

Item 11. Remove plunge pools and pump pit basins

The fiberglass pools are deficient in width and length and have failed structurally. Pools are to have sidewalls at least 5’-0” from the inside of the flume top edge on either side of the flume. Pools should be at least 25’-0” from the end of the flume to the beginning of the stairs. These pools are only about 21 feet in total length to the top of the stairs. This remedial cost item is for demolition only and does not include replacement which is included under another item. The Figure 6 - Typical Plunge Pool Figure 7 - Structural Damage plunge pools do not meet current to Pool standards, particularly ASTM F2376-08 and cannot, with reasonable cost be made to meet those standards code.

Item 12. Install automatic chemical controller/monitor

Chemicals for disinfection (sodium hypochlorite) and pH control (muriatic acid) have been fed by hand in the past. Such feeding is ill-advised as it causes imbalances and spikes in chemical levels. Hand feeding is wasteful as well as being ineffective. Excessive chlorine levels and low pH levels cause deterioration in fiberglass components and corrosion in metal parts. California Building Code Title 24, Part 2 for construction of public swimming pools, which is by definition applicable, requires automatic monitoring and feeding of chemicals.

Item 13. Replace filtration system with high rate sand filter

Figure 8 - Filters The facility currently uses residential and light commercial

Phone: 949.470.3299 [email protected] FAX: 949.470.3699 Report to East Bay Regional Park District Shadow Cliffs Water Slide Park Page 15 equipment for filtering the pool. There are four filters. Two of the filters are powered by their own respective pumps. Two work off of slide pump pressure. Therefore they do not run when the pumps are shut off. The filters are manually cleaned periodically even though high rate sand and diatomaceous earth filters can and should be backwashed frequently.

The remedial cost item is for furnishing and installing a single commercial high rate sand filter with single lever backwash manifold.

Item 14. Replace slide booster pumps and starters

The slide pumps are three identical 40 Hp vertical line shaft pumps which are rarely used in pool situations since there are no pool strainers as required by California pool code when used as a filter circulation pump. See item 13. The previous operator installed “tomato cage” screens to catch major suspended debris to keep it out of the impellers. However, the openings were far in excess of the size of solids this type pump is capable of passing and, if the solids were somehow passed, they would present a danger to sliders. Dedicated pump(s) for circulating and filtering the plunge pool are required.

The starters are old and rusted fused disconnects and the instant Figure 9 - Pumps across the line starter creates high current draws that damage pump motors and high torque which eventually causes bearing and shaft failures. This item assumes replacement with variable frequency drive units to allow fine tuning of pumps and ramp up starting.

Item 15. Install bonding; replace electrical panels and transformers

This remedial cost item is for bonding of all metal components per National Electrical Code and the California Building Code. This includes all metal hand rails or metal anchors, metal reinforcing in pool decks, metal pumps and pump supports, metal filter parts, and fences near pool water. Bonding requires running copper wire between components and securing the wire with U.L. listed clamps. Bonding creates ‘equipotential’ among adjacent metal parts which might come into contact with swimmers. Bonding and grounding are not the same thing and should not be confused.

Item 16. Remove drain pits and fill

The existing drain pits must be removed to below grade and filled in.

Item 17. Install new suction and pump pit

This cost item is for constructing a cast in place concrete pit in two compartments: 1) a wet pit for pool water connected to the plunge pool drain system, and 2) a dry pit for flooded suction pumps replacing the line shaft pumps in Item 14 and providing a new circulatory pump for the filter. The pit should have stairs and not ladders for ease of access to the pump strainers and motors. The pit must be protected by guard rails or grating or a combination of these.

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Item18. Install new, larger concrete slide plunge pool with steps; paint

The slide plunge pool removed under a previous item must be replaced with a pool of proper dimension which allows no less than 25 feet width measured from the end of slide flume to beginning of stairs, and allowing at least five feet clear of the discharge flume walls to the pool side walls. Slide plunge pool should be at least 48 inches at the slide and may slope up to 42 inches at the stairs.

The plunge pool is treated like a swimming pool in the California Building Code and must have circulating water returns, main drains, and surface skimmers. A single pool is preferable to the four separate pools for economy and for ease of circulation.

The pool should be circulated and filtered 24-hours per day during season. The slide pumps are shut off when the park is not in operation of course.

The pools have no surface skimming devices per California code.

The present pools do not have drains in compliance with Virginia Graeme Baker Act of 2007, a federal statute in effect since December, 2008. All pools were to be compliant by 2008 and the use of a wet well such as the one in use in this park, while laudable, does not offer Figure 10 - Non-Compliant Suction compliance. Devices

Item 19. Install proper water supply protection/air gaps

This remedial cost item provides for the installation of air gaps on any potable water supplies from wells or city water sources. Alternatively, install reduced pressure zone (RPZ) double check valve on each supply. Water cannot be taken from the lake as it is not an approved potable water source.

Item 20. Replace and enlarge deck space

Many of the concrete deck joints showed vertical displacement and even ponding of water. Neither is suitable for bare fee. This remedial cost item calls for replacement of any decks where tripping hazards exist. Further, since the remedial work calls for expansion of the slide plunge pool, this item also includes cost for replacing the deck. Additional deck seating with shade is recommended. With removal of the pool and replacement of the damaged decks, this cost item is essentially replacement of most of the lower deck around the plunge pool.

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Item 21. Expand fences and gates

Due to expansion of the decks, the fences must also be expanded. Expand fences to enclose new decks plus some open grass area and shade areas for spectators.

Item 22. Restore restroom building to ADA compliance

While the ADA (Americans with Disabilities Act) does not mandate access to the top of amusement park rides, it does require accessible restrooms and public spaces at the bottom of the slide for onlookers and other guests and staff. This remedial item is for modifying restrooms by replacing all fixtures with waterless toilets and urinals mounted at proper ADA height; replace lavatories with approved ADA lavatories and faucets. Install ADA handrails for toilets; replace door knobs with proper lever handles per ADA. Install paper towel, toilet paper holders, hand dryers, mirrors, soap dispensers or other accessories at proper height.

With respect to the large restroom building, and based on the estimated attendance at the slide park in recent years, the fixture count is adequate according to California Building Code Title 24. The present fixtures and accessories are not ADA Figure 12 - Non-accessible Restroom compliant.The restrooms on the side of the old concession building are not ADA compliant and cannot, within their dimensional space, be made compliant.

Item 23. Restore office, admissions and concessions to ADA compliance

Modify offices/concessions to provide ADA height counter tops; ADA door knobs, openings, and clearances.

Item 24. Replace security cameras to district standards

This remedial item comes from a previous cost opinion we reviewed and after consultation with the district staff. The estimated amount was provided by the district.

Item 25. Create ADA accessible parking spaces, signage and route from Figure 13- View Back to Parking parking lot

This cost item provides for creating ADA parking spaces, signage, and accessible routes from the parking lot. There is no designated route or signage as required by ADA. Users must traverse the vehicular path.

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LIMITATIONS OF THE REPORT

Projections of Cost. Projections of cost contained in this report are opinions, albeit educated opinions, of an investigation team with decades of experience in the field of aquatics design, construction and management. No engineering has been done and no plans produced. Many factors over which we have no control affect final construction cost and no guarantee exists that costs of the actual repairs will not be more or less than the opinion we express.

The cost projections are intended to show the order of magnitude of the work and not the exact cost. It is not a bid or an offer to provide construction services.

Notably absent from the construction cost opinion are the professional design services of architects, engineers, surveyors, and geotechnical engineers. We suggest a budget of ten percent (10%) of construction costs for professional services through construction. Furniture, fixtures and equipment have also been purposely omitted.

The costs for permits, certificates, inspections, and other local and state government costs are not shown.

The line item descriptions are not necessarily descriptive of all the work on that line item. For example the cost of signage and depth markers are not shown but are included in the item for constructing a plunge pool.

Due to the unknowns in such a project we urge a contingency of at least ten to fifteen percent be applied to this cost opinion for anyone developing a construction budget.

Americans with Disabilities Act. The Americans with Disabilities Act is often incorrectly interpreted to be a building code with clear cut and unassailable requirements. Nothing could be farther from the truth. The Americans with Disabilities Act is a civil rights law subject to the interpretation of bureaucrats, judges and trial courts. What is held true in one instance may be overturned in another. It will be the responsibility of the project designer(s) to attempt to comply with the requirements in the law. When using the term ‘compliant’ or variations thereof in this report, we mean to convey our understanding of the most recent interpretations in the law.

Licensing. Neither Water Ventures nor its employees nor its consultants purport to be licensed professional engineers or architects in California. The findings above are based on years of experience as vendors, project managers, and business consultants to owners and operators of water parks. None of the opinions expressed herein constitute the practice of engineering or architecture. The actual design of improvements, if they are to be made, will require the services of licensed professional engineers and architects.

Testing. No physical or destructive testing was made on the site or on any equipment. The pools were empty at the time of our site investigation and the pumping systems not functioning. We did not start up motors, fill up basins, or otherwise test the function of equipment. No underground facilities were unearthed. These services can be provided by Water Ventures but were outside the scope of our assignment.

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Plans. No plans are known to us to exist for the construction of the slides and appurtenances.

CONCLUSION

The slide water park can be reopened but only after completing systematic and expensive repairs to the slide, its mechanical equipment, plunge pools, decks, fences and electrical gear. The restrooms are, in our opinion, not in compliance with the ADA requirements but, that alone, would not keep the park from reopening if permits can be obtained.

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WHERE TO FROM HERE

We understand the district will likely issue a Request for Proposal (RFP) to potential developers and operators of water parks to serve as a concessionaire. We recommend the Request for Proposal contain certain restrictive covenants to insure that the park is upgraded. The following, among other requirements, should be included in the RFP:

1) A requirement for the developer/operator to make, at a minimum, all required repairs listed in this report to the satisfaction of the district. 2) Developer’s option to expand the fences and take in the picnic area and possibly the area to the west of the picnic area and slide park. 3) Developer’s option to expand the size and features at his own expense. 4) Developer’s option to expand food and beverage service in keeping with local health codes and obtain permits. 5) A requirement to staff the park with trained and certified lifeguards and water park operators and not merely monitors or hosts and hostesses. A hiring and staffing plan should be proffered in the response to the RFP. 6) A requirement for the developer to provide a site development plan as part of the response to RFP. 7) A requirement to share revenue. This should be an amount which the proposer competitively offers in the response to the RFP. We suggest a minimum of six per cent (6%) of gross revenues from all sources with a declining scale for a larger investment by the developer. A minimum of three per cent (3%) should be paid to the district for a developer willing to invest large sums of capital. 8) Proposers should respond in the RFP with a marketing plan. The district has a vested interest in the park performing well and making money. 9) The proposer should be permitted to offer a duration of the agreement in the RFP necessary for his return on investment. 10) Insurance requirements. We assume the district has an insurance requirement for vendors and concessionaires. If not, we believe a $2,000,000 combined single limit liability policy or excess liability policy is not an unreasonable requirement in addition to property damage, operations, workers compensation and other insurance. The district should be named as additional insured. 11) Indemnification and hold harmless clauses on behalf of the district.

The responses should be scored on a weighted point system.

Water Ventures can prepare such a request for proposal incorporating the district’s own ‘boilerplate’ into a package for release to qualified developer/operators. To do so would require probably two meetings with your staff and perhaps 30 manhours in compiling the document and vendor list. We therefore propose to do this work for a fixed fee of SIX THOUSAND EIGHT HUNDRED DOLLARS ($6,800.00). We are not a candidate for the position of developer/operator and would not have a conflict of interest in preparing the RFP.

If the district desired, but for additional compensation, Water Ventures could participate in the pre-proposal meetings, RFP review, prequalifying, interviewing, scoring, and recommendations for award.

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