City Considering Outside Counsel for Splash Pad Arbitration

Traverse City commissioners Tuesday night will consider hiring a Detroit-based firm as legal counsel for an arbitration process against Clinch Park splash pad project manager Hamilton Anderson Associates.

City Attorney Lauren Trible-Laucht sought and received proposals from four qualified firms for the project, and is recommending commissioners hire Foley, Baron, Metzger & Juip as "the most cost-effective" firm of the group. The firm, which is "experienced in construction claims, in addition to product liability and regulatory matters," according to Trible-Laucht, submitted a not-to-exceed bid of $12,600 for the arbitration process.

An audit by Water Technology Inc. earlier this summer identified numerous significant flaws with the Clinch Park splash pad design, with high-priority repairs estimated to cost between $72,900 and $133,000. City officials believe Hamilton Anderson Associates is at least partially responsible for the design flaws, and will seek recuperation of costs through a mediation and arbitration process required by the city's contract with the company.