Letter: Section 106 Review Should Be Completed Before Jones Expansion Project Goes Out to Bid

The town plans to put the Jones Library Demolition/Expansion Project out to bid at the same time that it is starting the Section 106 historic preservation review process. This a problem for a few different reasons.

The purpose of a Section 106 review is to avoid, minimize, or mitigate any “adverse effects” that a proposed project may have on a historic building. It is supposed to be conducted from the beginning of the planning process so that a building’s historic features can be protected as the plans evolve. If a Section 106 review is done in a timely manner, the necessary changes to the project can be reflected in the bid documents.

The town did not do the Section 106 review from the beginning; it is just starting it now. So any changes to the project will require either expensive and time-consuming revisions of the bid documents or a series of even more expensive and very unlikely-to-materialize “change orders” because change orders only happen after a contract had been signed!

Having the project out to bid while the town is conducting the Section 106 review will also make it much more difficult to conduct a full and fair review process of the adverse effects of the proposed project on the historic building. This is due to the time pressures that the town will say it is under and the expense that changes would incur.

Another aspect of the processes happening together is the town is being told by HUD that it has permission to do this but HUD suggests that it be made very clear to the contractors bidding on the project what the situation is. In fact, Martha Curran of HUD writes:

“HUD suggests that the solicitation for bids explicitly state that no bid(s) will be awarded prior to completion of the environmental review record, which includes completion of the Section 106 review process, including a fully executed Memorandum of Agreement (MOA) with all relevant parties, if in fact an MOA is required.”

The Section 106 review process is meant to ensure that the Jones Library is protected as a historic place. Doing the bid process at the same time makes it seem that it’s about looking good on paper, rather than being a meaningful discussion and negotiation about how to protect the historic status of the library.

If you are a resident interested in historic preservation, let the town know that you want the Section 106 review completed before the town goes out to bid. Or, at least to make sure that the contractors know that a Section 106 review is happening while they are bidding. You can go to the link below and post a public comment on the town’s Section 106 website.

https://www.amherstma.gov/FormCenter/Committee-Forms-3/Public-Comment-Jones-Library-Building-Pr-210

Arlie Gould

Arlie Gould is a resident of Amherst