Now Indicted, What Is the Future of Barletta’s Half a Billion Dollars in RI Contracts

GoLocalProv News Team

Now Indicted, What Is the Future of Barletta’s Half a Billion Dollars in RI Contracts

Governor Dan McKee. PHOTO: GoLocal
Last week, Rhode Island Attorney General Peter Neronha announced the indictment of Barletta Heavy Machine and one of its former top staffers for their role in illegally dumping material in the Olneyville neighborhood in Providence in the summer of 2020 as part of the 6/10 construction project.

Under Rhode Island state purchasing regulations, the indictments allow Governor Dan McKee’s administration the opportunity to suspend or cancel Barletta’s contracts. The company can be disbarred.

According to the state’s regulations, the McKee administration could suspend or, potentially, disbar Barletta as a result of the state’s indictment.

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The McKee Administration seems to be caught unprepared. Neronha’s office had confirmed an investigation into Barletta more than two years ago.

After Neronha made the announcement of the indictment against Barletta, Laura Hart, chief public information officer for the Rhode Island Department of Administration, told GoLocal, “This matter is currently under legal review.”

When asked a week later about the status of the Barletta contracts, “The Division of Legal Services at the RI Department of Administration is currently reviewing the law as it relates to state work with Barletta Heavy Division. DOA is committed to obeying the law, and in this case, as it pertains to procurement and contract management,” said Hart.

McKee's Director of Transportation, Peter of Alviti, repeatedly mislead the public and tried to cover up the dumping of the material.

 

RI Purchasing Regulations state:

A. Applicability

A suspension or debarment of any part of a business entity constitutes suspension or debarment of all of its divisions, officers, directors, owners and all other organizational elements, except where the suspension or debarment has been specifically limited in scope and application, and may include all known corporate affiliates of a business entity, when such offense or act occurred in connection with the affiliate's performance of duties for or on behalf of the business entity, or with the knowledge, approval, or acquiescence of the business entity or one or more of its principals or directors, or where the business entity otherwise participated in, knew of, or had reason to know of the acts.

The regulations go on to state:

The fraudulent, criminal or other serious improper conduct of any officer, director, shareholder, partner, employee, or any other individual associated with a contractor may be imputed to the contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the contractor, or with the contractor's knowledge, approval, or acquiescence. The contractor's acceptance of benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.

B. Just cause for suspension shall be:

1. In lieu of debarment, a vendor may be suspended for any just cause for debarment, at the sole discretion of the Purchasing Agent, guided by a review of  the severity of the violation;

2. An indictment or any information filed by a public agency charging a criminal offense as described above for debarment;

3. Substantial evidence, as determined by the Purchasing Agent, of willfully supplying materially false information incident to obtaining or attempting to obtain or performing any public contract or subcontract, or willful failure to comply with requirements imposed upon contractors or subcontractors by law or regulation;

4. Suspension by the federal government;

 

September 2020 drone image. PHOTO: GoLocal
Barletta is Working on Projects in Rhode Island that Total More than $600M

Beyond the 6/10 project, Barletta has been the lead contractor on the now-opened $63 million Pawtucket-Central Falls Commuter Rail Station and Bus Hub, the $78 million Washington Bridge project, the $84.4 million Henderson Bridge contract, and others.

The 6/10 project is one of the most expensive public construction projects in Rhode Island history, with a total cost of $410 Million, according to the RIDOT.

Neronha announced he is charging Barletta with two counts of illegal disposal of solid waste, one count of operating a solid waste management facility without a license, and one count of providing a false document to a public official. Barletta is a Canton, Mass.-based construction firm, overseeing the ongoing $247 million Route 6/10 Interchange highway construction project that began in 2018.

The Attorney General has also charged Dennis Ferreira with two counts of illegal disposal of solid waste, one count of operating a solid waste management facility without a license, and one count of providing a false document to a public official.

In October, Barletta Heavy Material agreed to a non-prosecution agreement with the U.S. Attorney, and paid a total of $1.5 million in penalties.

Ferreira agreed to plea to three counts in federal court.

Both federal and state investigations were sparked by a 26-month GoLocal investigation into the dumping of contaminated materials in one of the poorest neighborhoods in Rhode Island.

 

September 2020 drone image. PHOTO: GoLocal

TIMELINE: 6/10 Contamination GoLocal Investigation

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