Westmoreland commissioners award $1 million paving contract over objection

Westmoreland County commissioners awarded a $1 million contract to pave nearly 5 miles of roads amid a potential legal challenge of a policy that critics say freezes out non-union companies from seeking government work.

The contract awarded Thursday to Derry Construction Inc. was approved by all three commissioners, including Republican Charles Anderson. He has opposed a project labor agreement put in place by Democratic Commissioners Gina Cerilli and Ted Kopas which mandates construction jobs over $150,000 be awarded to companies that adhere to stricter work standards.

Anderson and opponents of the labor agreement contend it bars non-union firms from securing county work.

Derry Construction is one of four companies in compliance with the county’s project labor agreement that submitted bids. A fifth bid from a non-union shop, Tresco Paving Corp., was rejected.

“I’m not an obstructionist. We need to get this work done, but I still oppose the PLA. We must move forward and make the county the best we can,” Anderson said in explaining his decision. “I’m not against unions, but I am for a level playing field.”

Cerilli and Kopas said Derry Construction was awarded the contract because it submitted the lowest bid for the job, which includes paving in Jeannette, North Huntingdon and Irwin.

Tresco Paving Corp. in Plum appealed the commissioners’ decision to reject their bid. Commissioners said Tresco’s bid did not adhere to the terms in the county’s project labor agreement, signed in 2016 with the Pittsburgh Regional Building and Construction Trades Council.

Tresco’s lawyer, in a letter submitted to the county commissioners this month, asked that the bidding process be reopened and cited a recent Pennsylvania Commonwealth Court decision that invalidated two contracts awarded by PennDOT. The court ruled PennDOT’s project labor agreement barred nonunion companies from seeking the contracts.

Kopas said Tresco’s appeal did not impact the county’s decision to award the contract.

“We awarded a contract to the lowest bidder. Case closed,” Kopas said.

The amount of Tresco’s bid was not disclosed. In an interview this week, company Vice President Vince Tresco said his bid was lower than the $1 million amount submitted by Derry Construction.

Cerilli, citing a potential legal challenge, declined to discuss the project labor agreement and its impact on contracts.

Both Cerilli and Kopas have received strong support from labor unions as part of their reelection efforts.

A review of campaign finance reports filed over the last two years revealed that Cerilli received more than $32,000 in donations from various labor unions; Kopas received more than $18,000 from labor unions during the same time period.

Anderson, who is retiring at the end of the year, received no union donations. Both Republican candidates for county commissioner, Anderson’s chief of staff Sean Kertes and Doug Chew, also did not receive any campaign donations from unions, according to financial reports.

Meanwhile, Controller Jeff Balzer, a Republican, called for commissioners to suspend the county’s project labor agreement.

“My concern is that to ignore the guidance of the court might ultimately subject the county to unnecessary litigation and potential monetary damages,” Balzer said.