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Committee tables request to expand temporary BF Norton playground after indemnity, safety concerns
Summary
The Cumberland School Committee discussed an indemnity agreement from Consigli Construction to expand a temporary playground at B.F. Norton; members raised safety concerns including proximity to Broad Street and temporary-fence stability, and the item was tabled for follow-up with the contractor and principal.
The Cumberland School Committee on Sept. 11 discussed a request to expand temporary outdoor recess space at the B.F. Norton site and whether the district should sign an indemnity agreement requested by Consigli Construction, the project general contractor.
Administration explained Consigli’s contract did not cover the small additional “horseshoe” area the district wanted to use for recess. Consigli offered to allow the expanded area but asked the district to indemnify the contractor for claims arising in that expanded space because the work fell outside Consigli’s contracted scope. The administration presented edited indemnity language intended to limit the district’s obligation to the specific small “spit” of land the district would use.
Committee members raised safety concerns. Several members said the expanded area would be adjacent to Broad Street and asked how the district would prevent a child from eloping into the roadway. Member Mr. Bacon suggested adding concrete barriers (a “Jersey barrier” style) in front of the fence as a secondary protective measure; others worried temporary-fence posts and stabilizing legs could create tripping hazards for kindergarten and first-grade classrooms bordering the area.
Administration said the fenced space would use a six-foot metal fence with an orange windscreen (scrim) and that staff on duty would provide supervision; they noted the existing, contractor-covered playground is on the north/Broad Street side and would remain Consigli’s responsibility. The administration also said the district could not place fence posts on the sidewalk because of ADA and state sidewalk work and that any fence would need to be installed on district lawn.
Given the safety and scope questions, the committee agreed to table the matter and asked administration to return with Consigli and the BF Norton principal to address the fence placement, safety mitigations (including possible concrete barriers) and a clearer, photo-anchored description of the exact area to be covered by the indemnity agreement.
