Further clarification and sample Caltrans executed contract— Form 1273 must be PHYSICALLY incorporated

This is a follow up of the last post on Form 1273.

There has been some recent discussion regarding the physical incorporation of FHWA Form 1273 in executed contracts.  Recent CAP reviews conducted by FHWA have found that many local agencies in California are not physically incorporating Form 1273 into their executed contracts, but instead have them in their Special Provisions which in turn are referenced in the executed contract.  This is not acceptable.  In Form 1273 in the last paragraph in I. GENERAL, section 1, it states, “Contracting agencies may referenece Form-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts.”

Attached is a sample Caltrans executed contract.  Please note that on page 5 the contract incorporates by reference the Notice to Bidders and Special Provisions, which includes Form 1273 required for bidding.  In addition to this, you will find that starting on page 10 Form 1273 has been physically inserted into the contract, which satisfies FHWA’s requirement of “physically incorporated.”

Caltrans Local Assistance and FHWA are currently having discussions regarding this deficiency.   We will keep you posted if any corrective action is needed.

Sample Executed Contract_w Form 1273

See DLA-OB 12-05 – “Revised Form FHWA-1273 for Federal-aid Construction Contracts”:

http://www.dot.ca.gov/hq/LocalPrograms/DLA_OB/DLA_OB.htm

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