Section 3: Engineer’s Seal and TxDOT Copyright Requirements
Anchor: #i1025487Overview
This section deals with the following topics relating to the Engineer’s Seal and TxDOT copyright requirements:
- Changes in the Law
- Policy on Signing, Sealing and Dating Construction Documents
- Copyright Requirement Guidelines
Changes in the Law
Changes in the Texas Engineering Practice Act in the 70 Legislative Session caused the requirement for signing, sealing, and dating of engineering documents. Coupled with a decentralized organizational structure, multiple levels of engineering responsibility and review, and the broad usage of previously developed standard design drawings; compliance with these signing, sealing, and dating requirements has become of significant concern to the department. In response to changes in the law, the following policy was developed.
Anchor: #i1025524Policy on Signing, Sealing and Dating Construction Documents
New rules from the Texas Board of Professional Engineers regarding engineering sealing requirements went into effect in 2004. These rules are posted on the Board’s website at http://www.tbpe.state.tx.us/downloads.htm under “Chapter 1001 and Rules Document.” The main changes were made to clarify when an original signature is required on sealed documents. As you know, some engineers use the "CADD seal and note" on final documents and do not affix an actual original signature. This practice is not allowed under the new rules and therefore, effective with the September, 2004 letting, plan sheets requiring an engineering seal will not be accepted without an original signature.
The following rule excerpts are provided for your information:
Section 137.31 Seal Specifications
(f) Signature reproductions, including but not limited to rubber stamps or computer-generated signatures (i.e., scanned images of original signatures), shall not be used in lieu of the engineer's actual signature on the original documents.
Section 137.33 Sealing Procedures
(f) Signature reproductions, including but not limited to rubber stamps or computer-generated signatures (i.e., scanned images of original signatures), shall not be used in lieu of the engineer's actual signature on the original documents.
Section 137.35 Electronic Seals and Sealing Requirements
(a) Engineering work transmitted in an electronic format that contains a computer generated seal shall be accompanied by the following text or similar wording: "The seal appearing on this document was authorized by (Example: Leslie H. Doe, P.E. 0112) on (date)." unless accompanied by an electronic signature as described in this section. A license holder may use a computer-generated representation of his or her seal on electronically conveyed work; however, the final hard copy documents of such engineering work must contain an original signature of the license holder(s) and date or the documents must be accompanied by an electronic signature as described in this section. A scanned image of an original signature shall not be used in lieu of an original signature or electronic signature.
(b) An electronic signature is a digital authentication process attached to or logically associated with an electronic document and shall carry the same weight, authority, and effects as an original signature. The electronic signature, which can be generated by using either public key infrastructure or signature dynamics technology, must be as follows:
(1) unique to the person using it.
(2) capable of verification.
(3) under the sole control of the person using it.
(4) linked to a document in such a manner that the electronic signature is invalidated if any data in the document are changed.
TxDOT does not have the technology or the appropriate policies in place at this time to support the use of electronic signatures. Therefore, all original (tracing) Plan Sheets except Summary Sheets, Estimate and Quantity Sheets, General Notes are to be signed, sealed, and dated by the registered professional engineer responsible for or under whose supervision the work was performed. General Notes by virtue of being contained in the proposal will be signed, sealed, and dated as indicated below. The next subsections discuss guidelines regarding:
- Standard drawing reliability
- Standard drawing modification
- Plan sheet revision
- Proposal
- As-built plans
- Document reproduction.
Standard Drawing Reliability
Plan sheets of TxDOT standard drawings are considered a product of the company which have evolved and been developed by many people over a considerable number of years and, in the case of existing standards, the details shown on the drawings have proven to be reliable through their years of use. These drawings are not required to be signed and sealed by the responsible professional unless modified during the PS&E preparation for a specific project application.
Anchor: #i1025640Standard Drawing Modification
When “Standard” drawings are modified, the engineer is to identify the components on the drawing that are modified, sign, seal and date the drawing. The engineer is also responsible for the changes, plus the effect of any design relationship between the revised and the original components on all other plan sheets. The responsible engineer will identify, in the Index of Sheets located on the Title Sheet, those standard drawings that he/she issues with the plans and is to add the following note or similar note with signature, seal, and date in the proximity of the Index of Sheets on the Title Sheet:
“The standard sheets specifically identified above, plus sheets ____, ____, ____, ____, ____, have been issued by me and are applicable to this project.”
Anchor: #i1025655Plan Sheet Revisions
After PS&E submittal to the Design Division, revisions to plan sheets will be coordinated in writing with the responsible engineer or his/her designated representative in the district. It will be the district’s responsibility to secure/affirm any approval in writing from the responsible engineer for inclusion of mutually agreeable changes or modifications under the current signature, seal, and date on the plan sheets during the Austin divisions' PS&E review. Where the content of the engineering changes is not covered by existing written policy or instructions of the administration, and changes cannot be agreed on between district and division, it is the responsibility of the appropriate reviewing engineer to identify the changes on the plan sheet and then to sign, seal, and date the plan sheet. In addition the appropriate reviewing engineer is responsible for any design relationship between the revised and original components on all other plan sheets. It is considered good engineering practice and professional courtesy to notify the original engineer of any proposed changes.
Consultant Prepared PS&E. For consultant prepared PS&E, upon receipt of the PS&E from the consultant, the district will send the firm written notification that the department, as the owner, may find it necessary to make modifications to the sealed work. This written notification would only be needed one time and would satisfy the Texas Board of Professional Engineers rules for modifications made prior to letting and during the course of construction. It will be the district’s responsibility to secure/affirm any approval in writing from the responsible engineer for inclusion of mutually agreeable changes or modifications under the current signature, seal, and date on the plan sheets during the district or Austin divisions PS&E review. Any other changes made to the plan sheets by district or division engineers is signed, sealed, and dated. The district or division engineer will be responsible for any design relationship between the revised and original components on all other plan sheets. It is considered good engineering practice and a professional courtesy in these cases to notify the original engineer of any proposed changes.
Anchor: #i1025670Proposal
The proposal is a bidding document that is composed of Special Provisions, Special Specifications, General Notes, and other miscellaneous forms for bid submission. Each PS&E submission to the Austin divisions are supported with two original (8½” x 11”) supplemental proposal sheets with the following statement, signed, sealed, and dated by the responsible engineer:
“The enclosed Special Specifications, Special Provisions, and General Notes in this document have been issued by me or under my responsible supervision.”
An example of the Supplemental Proposal Seal and Signature Sheet (sealsig1) shows how this note would appear.
Proposal copies. The Design Division or Traffic Operations Division will transmit to the Construction Division the original signed, sealed, and dated supplemental sheets for inclusion in the department’s and contractor’s copies of the contract. The department’s copy of the contract, with the original signed, sealed, and dated sheet, will become the official original repository reflecting Special Specifications, Special Provisions, and General Notes which have been selected by the responsible engineer and applicable to the contract. Security-controlled, computer-generated CADD Seals will be used to generate proposal copies for bidder distribution.
Changes after submittal. Changes to the bid proposal information after submittal to the Austin divisions will be handled in the same manner as described above for plan sheet changes with the following exception. Where the content of engineering changes is not covered by existing written TxDOT policy or instructions of the appropriate executive management and changes cannotbe agreed upon between the district and the division, it is the responsibility of the appropriate reviewing engineer in the division to identify changes in the General Notes and be responsible for any design relationship between the revised and original. In addition, the review engineer signs, seals, and dates the following note on the supplemental proposal sheet as submitted by the district below the responsible engineer’s signature:
“The General Notes and in this document have been changed or modified by me or under my responsible supervision and are identified by brackets {}.”
An example of the Supplemental Proposal Seal and Signature Sheet with Reviewing Engineer Statement (sealsig2) shows how both notes would appear.
Anchor: #i1025715As-built Plans
Construction engineering in accordance with the practices, methods and design requirements, as identified in the plans and contracts, is the responsibility of the registered professional engineer under whose supervision the construction work is performed. For the final as-built plan, the Title Sheet should be signed, sealed, and dated by the responsible engineer to reflect that the construction work was performed in accordance with the plans and contract.
Anchor: #i1025725Document Reproduction
When signing, sealing, and/or dating engineering documents, one should consider the necessity of document reproduction. Therefore, signing, sealing, and dating should be done in black ink (which reproduces far better than red or blue). Impression type seals, if made, should be shaded with graphite to enhance their reproducibility.
Anchor: #i1025735Copyright Requirement Guidelines
Minute Order 107306 adopted administrative rules allowing the department to protect copyrights for intellectual property. Engineering designs contained in construction and routine maintenance plans are included in the definition of intellectual property. The TxDOT’s Office of General Counsel has advised that the following notation be placed on the Title Sheet of all plans produced by or for TxDOT:
by Texas Department of Transportation;
all rights reserved. Where XXXX denotes the current year.
For all other plan sheets, the copyright symbol with current
year and TxDOT logo is used. If space does not permit this notation,
an abbreviated notation of 
TxDOT
may be used. The year shown in the notation will depend on when
the plans are produced.
The copyright notation shown above for Title Sheets must also be placed on schematic layouts. For plans not produced under contract to or by TxDOT, these copyright notations will not be required.