1. (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 and specifications and other engineering design or permit documents, approved alterations or changes, and in accordance with the requirements in the environmental determination applicable to the project and to the sound engineering principles and construction practices.
2. (b) Board's inspection. The executive administrator may, at his discretion, inspect the construction and materials of any project at any time. The purpose of the inspection 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 sound engineering principles and the approved project schedule. The inspection by the Board does not subject the state to any civil liability.

3. (c) Scope of inspections. Inspections may include, but are not limited to:

   1. (1) review of the physical conditions at the construction sites, including compliance with environmental mitigation measures;

   2. (2) review of documents related to the construction projects, including but not limited to:

      1. (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;
      2. (B) invoices, receipts for materials, accounting ledgers and any other documents related to expenditure of funds to facilitate tracking project's progress;
      3. (C) evidence of testing of installed materials and equipment;
      4. (D) deviations from approved plans and specifications;
      5. (E) change orders and supporting documents; and
      6. (F) review of any other documents to ensure compliance with the terms of the approved contract documents and the Board's rules.
4. (d) Inspectors 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.
5. (e) The Applicant shall provide the inspectors with a response to the issues relating to compliance.

Source Note:The provisions of this §375.101 adopted to be effective September 8, 2010, 35 TexReg 8126.