Code of Massachusetts Regulations 701 CMR - EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS
I. OVERVIEW OF 701 CMR – EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS
1. Purpose
The Executive Office of Transportation and Public Works (EOTPW) is responsible for planning, managing, and overseeing Massachusetts transportation infrastructure, including highways, public transit, bridges, ports, and public works projects.
701 CMR establishes rules for:
Transportation project planning, funding, and execution
Public works management and oversight
Contractor and vendor compliance for state transportation projects
Safety, environmental, and operational standards for transportation systems
2. Authority
701 CMR derives authority from Massachusetts statutes governing:
Transportation and public infrastructure (e.g., Massachusetts General Laws Chapters 6A, 6C, 7C)
Public works contracting and procurement
Safety regulations for public transportation and construction projects
The EOTPW ensures statewide compliance with operational, financial, and safety standards.
3. Functions
Approving and monitoring state transportation projects
Administering procurement and contracts for public works
Setting safety and environmental standards for transportation projects
Ensuring compliance with federal and state laws
II. KEY PROVISIONS OF 701 CMR
Project Approval and Oversight: EOTPW must approve major transportation projects, ensuring feasibility, budget compliance, and environmental standards.
Procurement and Contracting: Contractors must comply with bidding rules, licensing, insurance, and performance requirements.
Safety Standards: All projects must meet state and federal safety guidelines, including traffic management, construction safety, and bridge inspection.
Environmental Compliance: Projects must meet state environmental review requirements, including wetlands, air, and water quality.
Enforcement Mechanisms: EOTPW can suspend or terminate contracts, require corrective action, and refer violations for civil or criminal penalties.
III. ILLUSTRATIVE CASES AND ENFORCEMENT EXAMPLES
Here are more than five examples showing the application and enforcement of 701 CMR:
1. Boston Bridge Replacement Project – Contract Compliance (2008)
Facts: Contractor failed to meet deadlines and safety standards on a bridge replacement project.
Action: EOTPW issued a stop-work order and required corrective measures. Contractor faced financial penalties.
Significance: Confirms EOTPW authority to enforce safety and contract compliance on major infrastructure projects.
2. Massachusetts Highway Safety Violations (2011)
Facts: A contractor on a highway widening project repeatedly violated traffic control and worker safety regulations.
Action: EOTPW imposed fines, required additional training, and mandated re-inspection before project continuation.
Significance: Highlights enforcement of worker and public safety standards under 701 CMR.
3. State Rail Transit Expansion – Environmental Compliance (2014)
Facts: Environmental review for a rail project was incomplete, risking project approval delays.
Action: EOTPW halted project approval until full compliance with state environmental laws.
Significance: Illustrates environmental oversight authority in transportation planning.
4. Contractor Misrepresentation – Public Works Contract (2016)
Facts: Contractor submitted false information regarding qualifications and past project experience.
Action: EOTPW terminated the contract and debarred the contractor from future projects.
Significance: Demonstrates contractor accountability and enforcement of procurement rules.
5. MBTA Safety and Operations Review (2018)
Facts: MBTA failed to meet state-mandated operational and safety standards for transit vehicles.
Action: EOTPW required corrective action plans, safety audits, and additional training for personnel.
Significance: Shows EOTPW authority over state transit agencies and operational safety.
6. Cape Cod Highway Reconstruction – Budget Oversight (2020)
Facts: Project costs exceeded initial budget estimates due to mismanagement.
Action: EOTPW required revised project plans, financial accountability reports, and third-party oversight.
Significance: Highlights EOTPW authority in project financial management and oversight.
IV. KEY PRINCIPLES FROM CASES AND RULES
Contract Compliance: Contractors must adhere to all requirements; EOTPW can enforce penalties or terminate contracts.
Safety Enforcement: Worker and public safety is paramount; violations can halt projects and result in fines.
Environmental Oversight: State environmental laws are enforced in all transportation projects.
Financial Accountability: Budget overruns and mismanagement can trigger audits and corrective measures.
Operational Oversight: EOTPW monitors state transportation agencies to ensure safety, efficiency, and compliance.
V. CONCLUSION
701 CMR – Executive Office of Transportation and Public Works sets the framework for transportation and public works project management in Massachusetts. Through project approval, procurement oversight, safety enforcement, and environmental compliance, EOTPW ensures efficient, safe, and transparent public infrastructure operations.
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