Letter: Inviting Bids on Jones Library Plans That Are Not Finalized Wastes the Town’s Money

The following letter was sent to the Amherst Town Council on September 23, 2024.

As you know, the town is planning to send out final bid documents to prospective bidders later this week, before it has conducted its Sec. 106 review of the Jones Library expansion/demolition plan. The Sec.106 review is mandated by state and federal regulations to require that building plans “avoid, minimize and mitigate” the adverse effects on historically significant buildings. The Massachusetts Historical Commission has identified significant adverse effects of the proposed plans.

Sec. 106 review is meant to be conducted so that it “ensures that project schedules provide sufficient time for Section 106 review and are properly coordinated to avoid last minute or rushed consultation.” (Advisory Council on Historic Preservation Sec. 106 Applicant Toolkit)

Although the town has been aware of its obligation to conduct the Sec. 106 review since this past spring, it has failed to do so. Clearly, the review must be completed before the project goes out to bid so that required measures to “avoid, minimize and mitigate” the adverse effects can be incorporated into the final bid documents. To invite bids on plans that are not yet finalized will result in wasted time and money, both for the town and the prospective bidders. This fact must be considered regardless of your individual position on the current expansion/demolition plan.

Library Trustee Austin Sarat claims that any changes to the plans will be made by specific change orders. Change orders are used to modify a contract that has already been signed. Change orders on a project of this magnitude are no simple matter. A single change, say, to retain original woodwork, is likely to trigger a series of additional changes. Who will design these, when, and at whose expense? Projects such as this are complicated enough without building in this unnecessary layer of confusion. 

I urge you to require the town not to put the project out for bid until the Sec. 106 review has been completed. 

Mickey Rathbun

Mickey Rathbun is a resident of Amherst