West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-03 - Construction And Reconstruction Of State Roads › Section 157-3-10 - Prosecution and Progress

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Subletting of Contract. The contractor shall not sublet, sell, transfer,
				assign, or otherwise dispose of the contract or contracts or any portion
				thereof, or of his or her right, title, or interest therein, without written
				approval of the engineer prior to any of the subject work being performed. The
				contractor will be permitted to sublet a portion thereof but shall perform,
				with his or her own organization, work amounting to not less than 30 percent of
				the total contract cost, except that any items designated in the contract as
				specialty items may be performed by subcontract and the cost of any such
				specialty items so performed by subcontract may be deducted from the total cost
				before computing the amount of work required to be performed by the contractor
				with his or her own organization. No subcontracts, or transfer of contract,
				shall in any case release the contractor of his or her liability under the
				contract and bonds.
10.1.a. The contractor
				shall request the approval of each subcontractor, including lower-tier
				subcontractors. No work shall be performed by a subcontractor until the
				subcontractor has been approved. Each subcontract, including lower-tier
				subcontracts, shall be in writing and shall physically contain all the
				applicable provisions, requirements, and specifications. The contractor may
				certify that a copy of all the applicable provisions, requirements,
				specifications, and safety plans has been provided and is physically
				incorporated in each subcontract including lower-tier subcontracts. Requests
				for approval of Disadvantaged Business Enterprise (DBE) subcontractors,
				however, shall also be accompanied by a copy of the proposed subcontract
				without the required attachments.
10.1.b. The contractor shall maintain a
				complete subcontract file including lower-tier subcontractors at the home
				office, which shall be available to authorized personnel for review without
				notice, or at any other appropriate location as determined by the division
				after a five day notice. Such file may contain a single copy of all the
				applicable provisions, requirements and specifications in lieu of individual
				subcontract files containing the applicable attachments.
10.1.c. Subletting Of Contract Materials.
				Roadside production of materials is construed to be the production of crushed
				stone, gravel, or other materials with portable or semi-portable crushing,
				screening, or washing plants established or re-opened in the vicinity of the
				work for the purpose of supplying materials to be incorporated into the work on
				a designated project or projects, and in all cases, unless performed by the
				contractor, shall be considered as subcontracting.
10.1.c.1. The purchase of sand, gravel,
				crushed stone, crushed slag, batched concrete aggregates, ready mixed concrete,
				or any other materials produced at and furnished from established and
				recognized commercial plants, together with the delivery of such materials to
				the site of work by means of vehicles owned or operated by such plants or by
				recognized commercial hauling companies, shall not be considered as
				subcontracting under these provisions. Except as stated, all hauling of
				materials from roadside production sources or from railroad or water delivery
				points to batching plants, mixing plants, or directly to their place of use in
				the road, and all hauling of materials from batching plants and mixing plants
				to their place of use in the road, unless done by the contractor's own
				equipment or by recognized hauling companies, shall be considered as
				subcontracting under these provisions. If batching plants or mixing plants are
				set up at rail or water delivery points and materials in part supplied to such
				plants by rail or water transportation companies, the remaining materials
				required at such batching or mixing plants may be hauled to such plants without
				such hauling being considered as subcontracting.