Council approves East Fifth Street reconstruction contract after public objections; award, utility and rail agreements also approved

The Superior Common Council on May 20 approved multiple Public Works Committee recommendations, including a 6–4 roll‑call vote to award the 2025 East Fifth Street reconstruction contract to M Joma Inc. for $3,368,996.07, despite public commenters and union representatives who urged returning the matter to committee to investigate alleged wage and performance problems on prior projects.

Public comment and allegations

Several speakers urged caution and asked the council to disqualify the low bidder or send the contract back to committee. Aaron Dean, attorney for M Joma, said the company was the low bidder and that the State of Wisconsin had recently recertified the firm as eligible. “We are the lowest price bidder. We provide a $428,000 savings to the citizens of Superior,” Dean said, and he urged the council not to allow what he described as “endless process.”

Construction‑trade representatives countered with allegations about prior work. Kyle Bukovich, president of the Northern Wisconsin Building Trades, described a prior project in the village of Maenang where he said the village had to hire another contractor to fix work and that the village withheld liquidated damages; he urged the council to contact the village for records. Derek Peterson, vice president of Northern Wisconsin Building Trades, pointed to an affidavit M Joma submitted under the city’s responsible‑contractor ordinance and said the company’s Davis‑Bacon and prevailing‑wage history should disqualify it under the ordinance.

Staff recommendation and legal caution

Public works staff and the city attorney advised the council that, based on the record available to staff and their review, they recommended awarding the contract to M Joma. Director Janago said committee members and staff had asked for documentation and reviewed available materials but indicated unresolved questions remained about some allegations; he also warned that protracted legal challenges could delay construction into a later season and possibly increase costs.

Attorney Prowl cautioned the council that holding on‑the‑spot evidentiary hearings in open session would be inappropriate and could produce mini‑trials; he recommended a structured process if the council wanted to pursue formal fact‑finding.

Council vote and related approvals

- East Fifth Street reconstruction contract award to M Joma Inc.: approved by roll call, 6 yes, 4 no. Yes: Councilors Ludwig, Graske, LaDeen, Moffitt, Sweeney, Elm. No: Vice President Herrick, Councilors Johnson, Anderson, Fennessy. Outcome: approved.

- Construction administration services: council approved a $282,000 contract with Short Elliott Hendrickson Inc. (SEH) for construction administration for the East Fifth project (voice vote).

- Utility cooperative agreement: council approved a cooperative agreement with Superior Water, Light & Power for the utility construction portion of the project (voice vote).

- Rail crossing agreement: council approved a cooperative agreement with BNSF Railway for rail crossing reconstruction as part of the project (voice vote).

- Wade Bowl splash pad: the council approved the Public Works Committee recommendation and awarded the splash‑pad contract to North Interstate Construction for $688,000 (voice vote). The Public Works Committee reported the splash pad is hoped to be completed by fall 2025.

Why it matters

The East Fifth project includes pavement, storm sewer and utility work; delays risk pushing paving past state DOT seasonal paving windows and could increase costs. Staff warned that rebidding or extended legal disputes could defer paving to the next construction season and affect related grant timing (LRIP funding noted) and utility budgets.

Quotes from the meeting

- “We are the lowest price bidder. We provide a $428,000 savings to the citizens of Superior,” attorney Aaron Dean told the council in support of awarding the contract to M Joma.

- “Joma's response is misleading and false,” Derek Peterson of Northern Wisconsin Building Trades said while reading the city responsible‑contractor ordinance and pointing to alleged Davis‑Bacon violations and a failure to disclose them.

Discussion vs. decision

- Discussion: Extensive public comment included allegations about past project performance, claims of unpaid back wages and differing interpretations of the responsible‑contractor ordinance. Councilors discussed process, the ordinance’s wording and the trade‑offs between thorough vetting and construction season timing.

- Formal action: The council adopted staff recommendations for the East Fifth package of items, including the award to M Joma (6–4), the SEH construction administration contract, cooperative agreements with utilities and BNSF, and the Wade Bowl splash pad contract.

Ending

Council debate highlighted a policy issue the mayor and several councilors said should be addressed in subsequent ordinance revisions: clarifying the responsible‑contractor criteria and defining a predictable, transparent process for evaluating bidders to avoid ad‑hoc, last‑minute fact‑finding that might delay seasonal construction.