Inspection

General
All projects involving state or federal funds must be completed in accordance with the approved plans, specifications and authorized changes. To assure the project is being constructed accordingly, both the LG and TxDOT have certain inspection responsibilities on construction projects. Some federally funded projects have direct FHWA involvement, meaning that FHWA is part of all approval actions. For the majority of federal-aid projects, TxDOT assumes FHWA’s approval authority. The required practices associated with inspections during construction and the responsibilities of both the LG and TxDOT relative to inspections are described in detail in the
LGPM Guide
.
By executing an agreement with TxDOT, the LG assures it is adequately staffed and suitably equipped to manage all project functions. TxDOT verifies the LG’s actions by conducting periodic inspections; however, it is the LG’s day-to-day responsibility to determine compliance with the approved plans, specifications and contract administration requirements and to develop and keep adequate project documentation. The LG must provide assurance the contractor has complied with the plans, specifications and contract administration requirements, including requirements associated with the quality of the construction and the contract administration as described fully in the LGPM Guide.
Federal Requirement
  1. 23 CFR §1.36
    – Provides that if FHWA determines a state (or LG) has violated or failed to comply with federal laws, then payment may be withheld for the project or approval may be withheld for further projects in the state (or to the LG).
  2. 23 U.S.C. §114
    – Requires federally funded projects to be constructed under the direct supervision of the state transportation agency (TxDOT).
  3. 23 U.S.C. §302
    – Requires states to have a transportation department with adequate powers and be suitably equipped and organized to carry out the duties required by this title.
  4. 23 CFR §635.105
    – For projects under an LG’s jurisdiction, authorizes TxDOT to allow the LG to directly manage projects if TxDOT has assurance the LG staffing and inspection is adequate. This means all federal requirements shall be met, including:
    1. the LG must be adequately staffed (including an employee in responsible charge of the project) and suitably equipped to undertake and satisfactorily complete the work; and
    2. when the local public agency elects to use consultants for construction engineering services (inspection), the LG must provide a full-time employee of the agency to be in responsible charge of the project.
  5. Procurement of consultant inspection staff must be procured using the provisions of
    23 CFR Part 172
    .
State Requirement
  1. 43 TAC Chapter 9, Subchapter C
    1. Allows TxDOT to contract for construction engineering and inspection services.
    2. Provides selection criteria complying with state law and
      23 CFR Part 172
      .
  2. Texas Government Code §2254
    – Provides for procurement of professional services by all governmental entities.
  3. Texas Local Government Code §271.908
    and
    Texas Government Code §2269.356
    – For design-build projects, requires the LG to provide or contract for inspection services independent from the design-build firm.
  4. Texas Occupations Code §1001.003
    – Includes “review of the construction or installation of engineered works to monitor compliance with drawings or specifications” in the definition of “practice of engineering.”
  5. Texas Occupation Code §1001.407
    – Requires engineering construction of public works be performed under the supervision of an engineer. Applies to all political subdivisions in Texas.
Required Practices
In general, the LG must ensure adequate staffing for inspections and follow the practices described in the
LGPM Guide
. In turn, the TxDOT district office must also provide required inspections of the project as described in the
LGPM Guide
.