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0 chapters · 762 sections in this title.
La. Rev. Stat. § 48:225 Lease or acquisition of necessary buildings
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§225. Lease or acquisition of necessary buildings The department may, by lease, donation, purchase, or exchange, acquire or erect any buildings and structures that, in the opinion of the secretary, are required in conducting the business of the department. Amended by Acts 1977, N…
La. Rev. Stat. § 48:226 Prescription not applicable
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§226. Prescription not applicable Prescription does not run against immovable property or rights thereto legally acquired by the department for use as right of way for public highways or facilities. Amended by Acts 1977, No. 291, §1.
La. Rev. Stat. § 48:227 Lands beneath elevated expressways; lease of
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§227. Lands beneath elevated expressways; lease of The Department of Transportation and Development is hereby authorized to lease after public bid for commercial and other purposes not repugnant to the state, lands beneath elevated expressways owned and maintained by the departme…
La. Rev. Stat. § 48:228 Functional classification of state highways; current highway standards and continuing
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§228. Functional classification of state highways; current highway standards and continuing needs study by department; cost estimates presented to legislature The department shall divide the roads comprising the state highway system into fourteen functional classifications, as pr…
La. Rev. Stat. § 48:228.1 Master characterization plan of state roads for maintenance
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§228.1. Master characterization plan of state roads for maintenance A. The department shall further prepare and continually update a master plan for maintenance of the various roadway systems based upon characterization of all state-maintained roadways through a condition type su…
La. Rev. Stat. § 48:229.1 Statewide prioritization process for the Highway Priority Program
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§229.1. Statewide prioritization process for the Highway Priority Program A. The legislature declares it to be in the public interest that a prioritization process for construction be utilized to develop a Highway Priority Program that accomplishes the following: (1) Prioritizes …
La. Rev. Stat. § 48:23 Engineering and other services
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§23. Engineering and other services In order to properly discharge its functions, the department may employ engineering, drafting, accounting, legal, and other help and labor, to the fullest extent permitted by applicable law. Acts 1991, No. 540, §1; Acts 2014, No. 811, §26, eff.…
La. Rev. Stat. § 48:230 Priority reports on future construction projects
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§230. Priority reports on future construction projects The department also shall provide to the legislature annually an additional list of projects proposed to be commenced within the ensuing four years which are in various stages of planning and preparation. This list shall be s…
La. Rev. Stat. § 48:231 Final construction program for current fiscal year; public hearings; Joint Committee
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§231. Final construction program for current fiscal year; public hearings; Joint Committee on Transportation, Highways and Public Works; reports; review by legislature; restrictions on legislature A.(1) Not later than October first of each year, the department shall provide a pro…
La. Rev. Stat. § 48:232 Apportionment of appropriated fund by the department; construction restricted to priority listing; secretary's emergency fund
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§232. Apportionment of appropriated fund by the department; construction restricted to priority listing; secretary's emergency fund No construction project shall be undertaken by the Department of Transportation and Development except those included in the priority listing for th…
La. Rev. Stat. § 48:232.1 Apportionment of appropriated funds by the department; tunnel replacement priority
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§232.1. Apportionment of appropriated funds by the department; tunnel replacement priority The Department of Transportation and Development may give priority and advance to construction as expeditiously as possible any bridge project where a bridge replaces a tunnel. The departme…
La. Rev. Stat. § 48:233 Delays in construction; public statement; substitution of another project; allocated funds
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§233. Delays in construction; public statement; substitution of another project; allocated funds The projects planned for the year for which appropriations have been made shall be commenced in that year; however, if a project cannot be commenced within the year for which it is pl…
La. Rev. Stat. § 48:234 Highway construction; authority for set-aside procurement from socially or economically disadvantaged or women owned businesses
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§234. Highway construction; authority for set-aside procurement from socially or economically disadvantaged or women owned businesses A. The secretary is hereby authorized and directed, for each fiscal year, to designate and set aside for awarding to socially or economically disa…
La. Rev. Stat. § 48:235 Adopt-a-road program
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§235. Adopt-a-road program A. The department is authorized to develop a program to be known as "adopt-a-road", whereby a business or a private civic organization may adopt a section of state-maintained highway, interstate highway, or interstate highway interchange for the sole pu…
La. Rev. Stat. § 48:24 Bridges over navigable waters
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§24. Bridges over navigable waters The department may, by itself or in conjunction with the United States or with other states or any agency thereof, construct bridges over navigable waters in this state.
La. Rev. Stat. § 48:25 Operation or control of ferries, etc
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§25. Operation or control of ferries, etc. The department may take over, control, operate, and regulate such ferries, barges, or other means of transportation as it thinks necessary to the public. It may prescribe and collect such ferry charges or transfer charges as it thinks ne…
La. Rev. Stat. § 48:25.1 Operation or control of ferries; New Orleans ferries; cooperative agreement for ferry service; rates; operating agreement
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§25.1. Operation or control of ferries; New Orleans ferries; cooperative agreement for ferry service; rates; operating agreement A. The department shall take over, own, provide insurance, and contribute from its operating budget not more than four million dollars annually for the…
La. Rev. Stat. § 48:25.2 New Orleans Ferry Fund; ferry operations
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§25.2. New Orleans Ferry Fund; ferry operations A. There is hereby created, as a special fund in the state treasury, the New Orleans Ferry Fund, hereinafter referred to as the "fund". Notwithstanding any provision of law to the contrary, beginning July 1, 2019, and each fiscal ye…
La. Rev. Stat. § 48:250 Application of this Part
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§250. Application of this Part A. This Part shall exclusively govern the contracts of the Department of Transportation and Development or let by the department on behalf of other political subdivisions of the state in addition to the laws of the state relating generally to obliga…
La. Rev. Stat. § 48:250.1 Structured training program; construction and maintenance personnel
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§250.1. Structured training program; construction and maintenance personnel A. Construction and maintenance employees of the department shall be required to participate in a structured training program as contained in the secretary of the department's Policy and Procedure Memoran…
La. Rev. Stat. § 48:250.2 Design-build contracts; administration
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§250.2. Design-build contracts; administration A. Notwithstanding any law to the contrary or the requirements of this Part, if the secretary determines it is in the best interest of the taxpayers, the Department of Transportation and Development may formulate, develop, and implem…
La. Rev. Stat. § 48:250.3 Design-build contracts; qualifications of design-build entities; public announcement
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§250.3. Design-build contracts; qualifications of design-build entities; public announcement procedures; letters of interest; selection of short list; bid proposals by competitors; qualifications evaluation committee; proposal review committee; selection and process of award A. F…
La. Rev. Stat. § 48:250.3.1 Progressive design-build contracts
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§250.3.1. Progressive design-build contracts A. For purposes of this Section, "design-builder" means the entity contractually responsible for delivering the project design and construction. B.(1) Each design-builder shall employ or have as a partner a member, coventurer, subcontr…
La. Rev. Stat. § 48:250.4 Public-private partnership projects
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§250.4. Public-private partnership projects A.(1) Notwithstanding any law to the contrary or the requirements of this Part, if the secretary determines it is in the best interest of the taxpayers, the Department of Transportation and Development, with approval of the House and Se…
La. Rev. Stat. § 48:250.4.1 State-owned toll facilities; toll collection and enforcement
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§250.4.1. State-owned toll facilities; toll collection and enforcement A. Pursuant to R.S. 48:250.4, the department may exercise so much of the police powers of the state as shall be necessary to maintain the peace and accomplish the orderly handling of authority, subject to the …
La. Rev. Stat. § 48:250.4.2 Use of toll revenue and credits; Belle Chasse Bridge public-private partnership
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§250.4.2. Use of toll revenue and credits; Belle Chasse Bridge public-private partnership A. The department shall use any revenue or credits generated in connection with the Belle Chasse public-private partnership, including windfall proceeds payments, distribution of refinancing…
La. Rev. Stat. § 48:250.4.3 Use of toll revenue and credits; I-10 Calcasieu River Bridge public-private
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§250.4.3. Use of toll revenue and credits; I-10 Calcasieu River Bridge public-private partnership A. The Department of Transportation and Development shall use any revenue or credits generated in connection with the I-10 Calcasieu River Bridge public-private partnership, includin…
La. Rev. Stat. § 48:251 Contracts for projects
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§251. Contracts for projects A. All projects for the construction or maintenance of, or improvements to, highways or other public facilities under the control of or advertised and let by the Department of Transportation and Development shall, except as otherwise provided in this …
La. Rev. Stat. § 48:251.1 Provision for trenching and shoring in construction contracts
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§251.1. Provision for trenching and shoring in construction contracts A. On any construction project for the Department of Transportation and Development in which a contractor is employed and in which trench excavation will exceed a depth of five feet, the bid documents provided …
La. Rev. Stat. § 48:251.2 Prescription
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§251.2. Prescription Any action against a contractor on a contract or on the bond furnished by the contractor, or against a contractor or the surety or both on the bond furnished by the contractor, all in connection with the construction or maintenance of any public works let by …
La. Rev. Stat. § 48:251.3 Prescription; claims by contractors; surety
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§251.3. Prescription; claims by contractors; surety Any action arising out of or related to a department contract or on the bond furnished by a contractor shall prescribe five years from recordation of the acceptance of such contract or of notice of default of the contractor or o…
La. Rev. Stat. § 48:251.4 Architects and engineers; prohibitions against interest in organizations furnishing construction materials
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§251.4. Architects and engineers; prohibitions against interest in organizations furnishing construction materials A. Landscape architects, architects, and engineers shall not own a substantial financial interest, either directly or indirectly, in any corporation, firm, partnersh…
La. Rev. Stat. § 48:251.5 Payments under contract
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§251.5. Payments under contract A. The department shall promptly pay all obligations arising under public contracts within thirty days of the date the obligations become due and payable under the contract. All progressive stage payments and final payments shall be paid when they,…
La. Rev. Stat. § 48:251.6 Prohibited donation, loan, or pledge of public credit or property; suits to invalidate contracts violative thereof
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§251.6. Prohibited donation, loan, or pledge of public credit or property; suits to invalidate contracts violative thereof A.(1)(a) In any case in which the legislative auditor, by virtue of any audit conducted by him or on his behalf or filed with him, has reason to believe that…
La. Rev. Stat. § 48:251.7 Prohibited provisions
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§251.7. Prohibited provisions A. It is hereby declared that any provision contained in a department contract, other than a provision naming another as a co-insured or additional beneficiary in a contract of insurance, which requires the department to assume liability for damages …
La. Rev. Stat. § 48:251.8 Public contracts; certain provisions invalid
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§251.8. Public contracts; certain provisions invalid The legislature hereby declares null and void and unenforceable as against public policy any provision in a department contract which requires either of the following: (1) That a suit or arbitration proceeding must be brought i…
La. Rev. Stat. § 48:251.9 Definitions
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§251.9. Definitions A. As used in this Part, unless the context clearly indicates otherwise, the following terms shall have the following meanings: (1) "Bidding documents" means the advertisement, plans and specifications, bidding form, bidding instructions, addenda, special prov…
La. Rev. Stat. § 48:252 Advertisement for bids; public presentment and reading of bids; fee for bid proposals
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§252. Advertisement for bids; public presentment and reading of bids; fee for bid proposals A. Contracts for projects with an aggregate estimated cost less than the contract limit but in excess of one hundred thousand dollars shall be let in accordance with the following provisio…
La. Rev. Stat. § 48:252.1 Emergency contracting
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§252.1. Emergency contracting In case of emergency where such emergency has been certified by the secretary or his duly appointed designee, the requirements of this Subpart may be waived by the secretary or his duly appointed designee to the minimum extent necessary to meet the d…
La. Rev. Stat. § 48:253 Bid bonds accompanying bids
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§253. Bid bonds accompanying bids A. Every bid submitted for projects in excess of one hundred thousand dollars shall be accompanied by a bid bond guaranteed by a surety company qualified to do business in this state. The bid bond submitted shall be for five percent of the offici…
La. Rev. Stat. § 48:254 Submission of more than one bid; financial interest in other bids
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§254. Submission of more than one bid; financial interest in other bids No bidder shall submit more than one bid on any one project nor shall any bidder submit an additional bid under another or a different name. No bidder shall be directly financially interested in any bid submi…
La. Rev. Stat. § 48:255 Award of contract; time limitations and exceptions; bond of successful bidder;
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§255. Award of contract; time limitations and exceptions; bond of successful bidder; rejection of certain bidders A. The department shall establish specific bidding requirements, in accordance with the provisions of this Part, provisions of the Federal Highway Administration, if …
La. Rev. Stat. § 48:255.1 Information to be submitted to the department by contractors; confidentiality of information
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§255.1. Information to be submitted to the department by contractors; confidentiality of information The department may require each proposed contractor to furnish sufficient information that shall indicate the financial and other capacities of the contractor to perform the propo…
La. Rev. Stat. § 48:255.2 Liability of surety in case of default of contractor
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§255.2. Liability of surety in case of default of contractor Within thirty days after default by a contractor on a public works project, the department shall notify the surety company with whom the contractor acquired a performance bond. Such notification shall be in writing by c…
La. Rev. Stat. § 48:255.3 Contract contrary to provisions of this Part void
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§255.3. Contract contrary to provisions of this Part void Any contract entered into for the construction or maintenance of public works contrary to the provisions of this Part shall be null and void. Acts 1997, No. 1112, §1, eff. July 14, 1997.
La. Rev. Stat. § 48:255.4 Cost-plus contracts prohibited; exceptions
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§255.4. Cost-plus contracts prohibited; exceptions Except for a duly certified emergency, no contract of the department shall be let on a cost-plus basis. Plan changes which cannot be negotiated and for which no item was provided in the original contract may be ordered on a cost-…
La. Rev. Stat. § 48:255.5 Issuance of work orders and commencement of work
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§255.5. Issuance of work orders and commencement of work A.(1) Whenever the department enters into a contract for the construction, alteration, or repair of any public work, the department through its official representatives shall, before the issuance of any work order and befor…
La. Rev. Stat. § 48:255.6 Preference in letting contracts for public works
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§255.6. Preference in letting contracts for public works A. If a nonresident contractor bidding on a department project is domiciled in a state that provides a percentage preference in favor of contractors domiciled in that state over Louisiana resident contractors for the same t…
La. Rev. Stat. § 48:255.7 Contracts in which the department is a participant; preferences; assistance;
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§255.7. Contracts in which the department is a participant; preferences; assistance; exclusions A. When the department lets a contract for a public works project that is to be administered by or paid for, in whole or in part by state funds, the agency may require as a condition o…
La. Rev. Stat. § 48:255.8 A+B bidding; authority
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§255.8. A+B bidding; authority A. The legislature declares it to be in the public interest that in order to increase efficiency and expediency in the construction of state highways, the Department of Transportation and Development may employ the A+B bidding method for road and hi…
