(a) Applicant's inspection. The Applicant shall provide
for the adequate qualified inspection of the project under the supervision
of a registered engineer and shall require the engineer's assurance
that the work is being performed in a satisfactory manner in accordance
with the approved plans, specifications, and other engineering design
or permit documents, approved alterations or changes, and in accordance
with the requirements in the environmental finding applicable to the
project, and using sound engineering principles and construction practices.
(b) Board's site visits. The executive administrator
may conduct site visits regarding the construction and materials of
any project at any time. The purpose of the site visits is to determine
whether the contractor is substantially complying with the approved
engineering plans of the project and is constructing the project in
accordance with the approved project schedule. The site visits do
not subject the state to any civil liability.
(c) Scope of inspections. Inspections may include,
but are not limited to:
(1) on-site observations, review of the conditions
at the construction sites, including compliance with environmental
mitigation measures;
(2) review of documents related to the construction
projects, including but not limited to:
(A) payroll, daily attendance, and any other records
relating to person employed during the construction, and records relating
to the Davis-Bacon Act and related federal laws and regulations relating
to prevailing wage rates;
(B) invoices, receipts for materials, accounting ledgers,
and any other documents related to expenditure of funds to facilitate
tracking project's progress;
(C) evidence of testing of installed materials and
equipment;
(D) deviations from approved plans and specifications;
(E) change orders and supporting documents;
(F) compliance with EPA’s American Iron and Steel
requirements; and
(G) review of any other documents to ensure compliance
with the terms of the approved contract documents and the Board’s
rules.
(d) The executive administrator may document issues
to ensure compliance with applicable laws, rules, and contract documents,
and may recommend to the owner that certain corrective actions occur
to ensure compliance with laws, rules, and approved plans and specifications.
(e) The Applicant must provide the executive administrator
with a response to issues relating to compliance.
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Source Note: The provisions of this §375.101 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TexReg 3869 |