La DOTD
Consultant Contract Services
 
Errors and Omissions in Engineering Contracts
Last Updated: 04/11/2005
 
Memorandum

MEMORANDUM

TO: Mr. Kent Israel
Mr. Hossein Ghara
Mr. Rick Holm
Mr. Steve Cumbaa
Mr. Karl Finch
Mr. Neal Thibodeaux
Dr. Babak Naghavi
District Administrators
Consultant Engineering Firms

FROM: Mr. Robert Boagni
Director of Project Development

Subject: Plan Errors and Quality Control

A final test of quality control in the plan preparation process is the smooth transition to construction of the project. Plan errors that result in addenda and postponed lettings result in lost time and failed schedules. To re-emphasize and expand our commitment to quality control in plan development, a Quality Control Review Committee will meet within one week of each construction letting to review any problems experienced in developing the construction bid packages or after the construction is completed.

The committee will be chaired by the Director of Project Development and will consist of the heads of the Contract Services Section, Road Design Section, Bridge Design Section, Maintenance Section, and Construction Section, or their respective designee, and the heads of the Consultant Contract Services Unit and Contracts and Specifications Unit. For any project, which required addenda, for which the letting date was postponed for revisions, or plan changes were required during construction, the committee will assign responsibility for the problem of cause. The following actions will be required, according to assignment of responsibility:

1. Error or Omission in In-House Plans -- The Director of Project Development will issue a letter to the responsible Section Head, Program Manager, or District Administrator (for
projects designed in a district), identifying the problem and requiring a statement of remedial actions or process changes taken to prevent or reduce recurrences of the problem. Copies of the documentation of the problem and of actions taken will be retained in the Performance Planning and Review file of the responsible Project Manager and will be considered in the annual Performance Rating.

2. Error or Omission in Consultant Plans – The Director of Project Development will issue a letter to the Consultant, identifying the problem and requiring the submittal of a formal quality control plan that addresses all quality control issues, including the problem(s) identified. The consultant will be disqualified for consideration on DOTD contracts until a Quality Control Plan or corrective measures to an existing Quality Control Plan have been received and approved by the Director of Project Development. Documentation will be forwarded to the Project Manager who will make appropriate consideration in his performance rating of the Consultant. DOTD staff will make every effort to manage this process in a timely manner.

The Consultant shall be responsible for the professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the Consultant. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services resulting form any negligent act, or omissions of the Consultant. Ideally, errors or substandard work will be revealed during normal work reviews. In such cases, the work should be returned for correction and payments withheld until delivery of an acceptable product.

In addition to costs that may be necessary to make corrections to the plans, the consultant (or his insurer) will be responsible for costs to correct design errors during construction. The Consultant will be given the opportunity to correct design errors, without additional compensation, in a timely manner. If project schedule requires that DOTD staff make corrections, an accounting of the time spent will be transmitted to the Consultant Contracts Services Administrator who will initiate actions to recover costs from the consultant. If the DOTD Construction Engineer or his agent believes that additional construction costs are consequent to design error, he will submit a report to the Quality Control Review Committee evaluation and recommendation to DOTD Chief Engineer.

3. Error in Preparation of Construction Proposal or other Processes – The Director of Project Development will issue a letter to the appropriate Section Head that identifies the problem and requires a response with countermeasures proposed to prevent or reduce recurrences of the problem. Documentation of the problem and of actions taken will be retained in the Performance Planning and Review file of the responsible employee and will be considered in the annual Performance Rating.

The above procedures are simply recognition that quality control is a relevant indicator of our job performance and will be treated accordingly.