Committee hears BF Norton construction update; playground expansion with Consigli tabled amid indemnity and safety concerns

The Cumberland School Committee received progress updates on BF Norton construction and tabled a motion to approve an indemnity agreement with Consigli Construction Inc. that would permit an expanded temporary outdoor recess area at the under‑construction school.

During the construction update, Dr. Dolan described site work including a new loop road, stormwater retention excavation and plans to install rammed aggregate piers to stabilize soils. A guaranteed maximum price (GMP) for the project was due the next day, Dr. Dolan said.

Committee member Andrew announced he would recuse himself from discussions relating to the ground‑improvement contract because of his employment with a geotechnical company working on the project. “I’ll be recusing myself from any discussions relating to this topic,” he said.

Administrators asked the committee to approve a hold‑harmless/indemnity agreement allowing Consigli to expand a temporary play area into a horseshoe‑shaped parcel of grass adjacent to Broad Street. School officials said the expanded area would be enclosed with a six‑foot fence wrapped with orange scrim and staffed during recess.

Consigli’s proposed indemnity language, as presented, would require the district to assume responsibility for injuries that occur in the expanded area. Committee members and administrators debated whether the district should accept that liability for an area that was not part of Consigli’s original contract. “If something happens in that area, you should indemnify Consigli,” an administrator summarized about the firm's request; another committee member described the original contract as not including that expanded area.

Safety concerns were prominent. Mr. Bacon recommended adding Jersey‑style concrete barriers on the roadside between Broad Street and the fence to protect against a vehicle entering the playground. Miss Smith and others raised ADA and classroom disruption concerns if fencing or temporary posts encroached on sidewalk or lawn space used by kindergarten and first‑grade classrooms.

Given outstanding questions about the photograph that shows the exact area to be added, the indemnity language and several safety/ADA issues, the committee elected to table the item and asked administrators to bring the principal and Consigli back for further clarification.

Next steps: Administration will refine the indemnity language, provide clearer site plans and return with Consigli and the BF Norton principal for a follow‑up presentation.