Title 48, Roads, Bridges and Ferries
0 chapters · 927 sections in this title.
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…
La. Rev. Stat. § 48:256 Repealed by Acts 2001, No
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§256. Repealed by Acts 2001, No. 413, §2.
La. Rev. Stat. § 48:256.1 Highway construction contracts; retained amounts; retainage bonds
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§256.1. Highway construction contracts; retained amounts; retainage bonds A.(1) The Department of Transportation and Development shall insert a clause in the specifications of all contracts let and awarded as a result of public lettings for the construction, improvement, maintena…
La. Rev. Stat. § 48:256.10 Proceedings tried summarily
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§256.10. Proceedings tried summarily All proceedings brought under this Part shall be tried summarily, if a commissioner is available in the venue of the suit, the proceeding shall be referred to a commissioner, as provided by law, who shall report his findings to the court at th…
La. Rev. Stat. § 48:256.11 Attorney fees
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§256.11. Attorney fees A. After amicable demand for payment has been made on the principal and surety and thirty days have elapsed without payment being made, any claimant recovering the full amount of his timely and properly recorded or sworn claim in a concursus proceeding purs…
La. Rev. Stat. § 48:256.12 Construction of Part
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§256.12. Construction of Part A. Nothing in this Part shall be construed to deprive any claimant, as defined in this Part and who has complied with the notice and recordation requirements of R.S. 48:256.5(B), of his right of action on the bond furnished pursuant to this Part, pro…
La. Rev. Stat. § 48:256.2 Reduce speed limit signs; removal
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§256.2. Reduce speed limit signs; removal Any contractor who is under contract for the construction, maintenance, or improvements to highways, bridges, or other public works under the control of the Department of Transportation and Development shall remove signs which indicate a …
La. Rev. Stat. § 48:256.3 Payment bond
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§256.3. Payment bond A.(1) Whenever the department enters into a contract in excess of fifty thousand dollars for the construction, maintenance, alteration, or repair of any public works, the department shall require of the contractor a bond with good, solvent, and sufficient sur…
La. Rev. Stat. § 48:256.4 Acceptance by the department
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§256.4. Acceptance by the department A. Whenever the department enters into a contract for the construction, maintenance, alteration, or repair of any public works, in accordance with the provisions of this Subpart, the undersecretary or his duly appointed designee of the departm…
La. Rev. Stat. § 48:256.5 Claimant defined; filing of sworn statements of amounts due; payment by the
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§256.5. Claimant defined; filing of sworn statements of amounts due; payment by the department A. "Claimant", as used in this Chapter, means any person to whom money is due pursuant to a contract with the owner or a contractor or subcontractor for doing work, performing labor, or…
La. Rev. Stat. § 48:256.6 Authorization to cancel the inscription of claims and privileges; cancellation; lis
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§256.6. Authorization to cancel the inscription of claims and privileges; cancellation; lis pendens A.(1) If a statement of claim or privilege is improperly filed or if the claim or privilege preserved by the filing of a statement of claim or privilege is extinguished, the public…
La. Rev. Stat. § 48:256.7 Filing of bond or other security; cancellation of statement of claim or privilege
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§256.7. Filing of bond or other security; cancellation of statement of claim or privilege A. If a statement of claim or privilege is filed, any interested party may deposit with the recorder of mortgages either a bond of a lawful surety company authorized to do business in the st…
La. Rev. Stat. § 48:256.8 Petitions by authorities against claimants, contractors, and surety; preferential payment of claimants
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§256.8. Petitions by authorities against claimants, contractors, and surety; preferential payment of claimants A. If at the expiration of the forty-five days any filed and recorded claims are unpaid, the department shall file a petition in the proper court of the parish where the…
La. Rev. Stat. § 48:256.9 Liability on bond; summary trial of objections to solvency and sufficiency of bond
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§256.9. Liability on bond; summary trial of objections to solvency and sufficiency of bond A. If no objections are made by any claimant to the solvency or sufficiency of the bond required of the contractor by this Part, the department shall, ten days after the service of judicial…
La. Rev. Stat. § 48:257 Participation of federal government in construction work
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§257. Participation of federal government in construction work The department may enter into agreements with federal agencies to encourage the participation of those agencies in the joint construction of Department of Transportation and Development projects and the department may…
La. Rev. Stat. § 48:258 Contracts not in accordance with Chapter null
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§258. Contracts not in accordance with Chapter null Any contract between the department and another made in violation of any provision of this Chapter relating to competitive bidding or to advertisement for bids is absolutely null and void.
La. Rev. Stat. § 48:259 Maintenance; selection of work
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§259. Maintenance; selection of work The department shall maintain the highways forming the state highway system, together with the other facilities of the department to the extent that the revenues of the department will permit. The selection of the highways, facilities, or part…
La. Rev. Stat. § 48:26 Incidental powers
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§26. Incidental powers Except as otherwise expressly provided by this Chapter, the department may perform every act necessary, convenient, or incidental to the exercise of its power and authority, the discharge of its duties, or the performance of its functions.
La. Rev. Stat. § 48:260 Scope and extent of maintenance operations; emergency work
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§260. Scope and extent of maintenance operations; emergency work The scope and extent of maintenance operations may include any operation involving employment of labor, purchase of materials, supplies, and equipment, and the severance, processing, and application of materials nec…
La. Rev. Stat. § 48:261 Maintenance work by department employees; exceptions
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§261. Maintenance work by department employees; exceptions A.(1) The department shall maximize third-party contracts for maintenance of the state highway system. (2) At the request of the governing authority of a municipality, a parish having a municipal type government, or a par…
La. Rev. Stat. § 48:261.1 Repealed by Acts 1977, No
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§261.1. Repealed by Acts 1977, No. 291, §3
La. Rev. Stat. § 48:262 Maintenance equipment; rent or lease by the department; rent or lease to others
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§262. Maintenance equipment; rent or lease by the department; rent or lease to others A. When the secretary determines that it is necessary or economically feasible to use specialized maintenance equipment which will not be needed on a permanent basis, the department may rent or …
La. Rev. Stat. § 48:263 Department owns repair shops; standby equipment
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§263. Department owns repair shops; standby equipment The department shall establish and maintain its own shops for the servicing, repair, and upkeep of its equipment and shall provide, at these shops and elsewhere, adequate standby units for emergency use and replacement of unit…
La. Rev. Stat. § 48:264 Repealed by Acts 1999, No
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§264. Repealed by Acts 1999, No. 612, §1, eff. June 30, 1999.
La. Rev. Stat. § 48:264.1 Salvage materials; bridges and roads; coastal protection and restoration projects
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§264.1. Salvage materials; bridges and roads; coastal protection and restoration projects A. When, in the opinion of the secretary of the Department of Transportation and Development, it is in the best interest of the state, he may order any materials deemed of no salvage value r…
La. Rev. Stat. § 48:265 Laboratory
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§265. Laboratory The department shall establish, operate, and maintain a laboratory for such research activities as are of interest to the functions of the department and for the routine sampling, inspection, examination, analysis, and testing of: (1) The quality of materials, co…
La. Rev. Stat. § 48:266 Soil erosion control
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§266. Soil erosion control In the construction and maintenance of state highways, the department shall employ appropriate means of preventing or discouraging soil erosion within the limits of the rights of way and may cooperate with official federal agencies in soil conservation …
La. Rev. Stat. § 48:267 Preservation and encouragement of trees, shrubbery, and vegetation
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§267. Preservation and encouragement of trees, shrubbery, and vegetation When not inconsistent with the economy of construction and maintenance of state highways or with the safety of the traveling public, the department and its employees shall study, encourage, and preserve the …
La. Rev. Stat. § 48:268 Tampering with trees or shrubs
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§268. Tampering with trees or shrubs The felling, topping, or pruning of trees or shrubs to accommodate, operate, or maintain any installation on the right of way, without the prior written approval of the secretary or his representative, is prohibited. The secretary may use his …
La. Rev. Stat. § 48:269 Rest areas; roadside development areas; procedure
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§269. Rest areas; roadside development areas; procedure A. The department may acquire by donation, purchase, lease, exchange, or expropriation the full ownership or any lesser interest therein of property it determines to be reasonably necessary or useful for the restoration, pre…
La. Rev. Stat. § 48:27 Grant Anticipation Revenue Vehicles
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§27. Grant Anticipation Revenue Vehicles A. Short title. This Section shall be known and cited as the "Grant Anticipation Revenue Vehicle Act". B. Legislative findings and determinations. (1) The Legislature of Louisiana hereby finds and determines that the rapid growth of the ec…
La. Rev. Stat. § 48:270 Repealed by Acts 1982, No
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§270. Repealed by Acts 1982, No. 245, §2
La. Rev. Stat. § 48:271 Historical markers; tourist attractions
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§271. Historical markers; tourist attractions A. The department may erect, at suitable points selected by the Louisiana Tourism Development Commission, bronze markers denoting and describing locations and occasions of historical interest. These markers shall conform to a standard…