17-05-2025
Superior council considers splash pad, road construction contracts
May 16—SUPERIOR — Two major projects could get underway soon after the Public Works Committee recommended awarding contracts and entering related agreements Thursday, May 15. The projects are the reconstruction of East Fifth Street between 24th and 31st avenues east and a new splash pad in Wade Bowl.
The East Fifth Street project is expected to get underway in June and wrap up in mid-October. Plans include a full excavation and replacement of the roadway and sidewalk, a new drainage system to extend the life of the new road and utility work.
The committee recommended awarding the construction contract to M. Jolma Inc. of Ashland after the company submitted a low bid of less than $3.4 million for the project. Five companies submitted bids, with the next lowest bid costing about $428,000.
However, Northern Building Trades, a collective of trade unions, questioned whether the lowest bid was presented by a company that meets the requirements of the city's responsible contractor ordinance. The ordinance defines what a responsible contractor is based on applicable state and federal law.
Dan Olson, who served on the council when the ordinance was written, shared the building trades concerns, including over a violation of employee-related offenses regarding wage and hour violations and secondary violations related to the Davis Bacon Act investigated by the U.S. Department of Labor Wage and Hour Division.
"It is my information that M. Jolma withheld the information of the violations and the responsible contractor's ordinance says that you need to disclose all this stuff and it wasn't," Olson said.
"It's never fun to go in front of a city council," said Aaron Dean, an attorney representing M. Jolma Inc. "We want the contract. We don't want the fight."
Dean said the company paid what it was required to following the investigation.
"We didn't try to chisel anyone and say we're going to question any of the allegations," Dean said.
City Attorney Frog Prell cautioned the committee to brace themselves for packets of information on every contractor or subcontractor the city would do business with and higher costs if they start rejecting the low bid.
Councilor Garner Moffat made the motion to accept M. Jolma Inc.'s bid, which was seconded by Councilor Tylor Elm.
"You're sitting across from someone that basically lied on their application and did not disclose things," Olson said.
Elm said the violation should have been disclosed, suggesting the ordinance is not working the way that it should.
However, "The fact that the Department of Labor did not put a penalty on this is telling," Elm said.
Oversight of the project would be performed by Short Elliot Hendrickson Inc. for $282,000.
Agreements with Superior Water, Light & Power, and Burlington Northern Santa Fe Railway were also recommended as part of the reconstruction project.
Water infrastructure will be removed and replaced, and SWL&P agrees to pay for the estimated $760,000 expense associated with the water infrastructure. Utility service interruptions are anticipated during the project.
The railroad crossing at about 25th Avenue East will also be replaced. While the current crossing does not require replacement under the Office of the Commissioner of Railroads' guidelines, BNSF has agreed to partner with the city and share the cost equally for sidewalk replacement and roadway crossing improvements. The city contribution totals about $54,000.
The project will be funded with grants from the state's Local Road Improvement Program and the city's capital improvement program. The Environmental Services Division enterprise fund will pay for sanitary and storm sewer work.
Wade Bowl was selected as the site for a splash pad after the Comprehensive Outdoor Recreation Plan identified the community's desire for a splash pad.
Designed by MSA, the splash pad includes multiple water features built around an outdoor nature theme, a picnic and seating area, and a bio-infiltration swale to collect and absorb water to support a natural vegetation area.
The committee is recommending Northern Interstate Construction Inc. of South Range for the project after the company submitted the low bid of $688,000. Three companies bid on the project.
The splash pad will be funded through the city's Community Development Block Grant.
The council will consider all the agreements and contracts when it meets Tuesday, May 20.
