reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:228. Functional classification of state highways; current highway standards and continuing needs study by department; cost estimates presented to legislature

RS 48:228 - 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 provided in R.S. 48:191, and shall establish current standards for their functional classification. It shall undertake a continuing study of the needs of the various highways for the purpose of bringing existing highways up to current standards or for replacement of existing highways where required, and shall keep the information so developed up-to-date through a continuing annual needs study. The department shall provide the legislature with an estimate of present day costs of bringing the various highways up to the standard of the functional classification to which each highway is assigned
Added by Acts 1974, No. 334, §1. Amended by Acts 1977, No. 291, §1; Acts 1997, No. 1028, §1, eff. July 11, 1997; Acts 2019, No. 375, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:228.1. Master characterization plan of state roads for maintenance

RS 48:228.1 - 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 summary. All state road systems shall be categorized as follows:
CATEGORY 1--shall consist of those roads constructed within the past five years and within such condition that all require only routine maintenance activities, including but not limited to roadside vegetation, litter control, sign maintenance, minor repairs to the surface, shoulders, and embankment.
CATEGORY 2--shall include those roadways constructed beyond a five-year period with conditions requiring more than routine maintenance chores. These roadways would require a combination of department forces supplemented with purchase order type contracts.
CATEGORY 3--shall include those roadways which require light rehabilitation including but not limited to joint replacement or heavy patching by purchase contract, as well as routine and heavy maintenance by department forces.
CATEGORY 4--shall include those roadways which require heavy rehabilitation in the form of overlay or extensive joint replacement by purchase order contract. At a minimum, routine maintenance shall be performed on these roads.
CATEGORY 5--shall include those roadways which require reconstruction on the basis of the annual needs study and those roadways included in the Resurfacing, Reconstruction, Rehabilitation, and Restoration Program. At a minimum, sign, roadside vegetation, and emergency maintenance for safety shall be performed on these roads.
B. The department shall provide to the Joint Legislative Committee on Transportation, Highways, and Public Works, semiannually, a status report on the work accomplished and the funds encumbered and/or expended on maintenance projects as provided in Subsection A above. The department shall notify the Joint Legislative Committee on Transportation, Highways, and Public Works in writing, on a current basis, of all contracts, bids to be let, and/or work to be done by the department on maintenance projects as provided in Subsection A above.
Acts 1987, No. 515, §1; Acts 1997, No. 433, §1, eff. July 1, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:229. Repealed by Acts 2015, No. 355, §2. eff. March 14, 2016.

RS 48:229 - Repealed by Acts 2015, No. 355, §2. eff. March 14, 2016.
Added by Acts 1974, No. 334, §1; Acts 1997, No. 1028, §1, eff. July 11, 1997; Acts 1999, No. 654, §1, eff. July 1, 1999; Acts 2001, No. 1032, §16; Acts 2003, No. 741, §1; Acts 2004, No. 171, §1, eff. June 10, 2004; Acts 2013, No. 109, §1; Acts 2015, No. 355, §2, eff. March 14, 2016.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:230. Priority reports on future construction projects

RS 48:230 - 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 subject to change by the department until the department finally approves each project for construction.
Added by Acts 1974, No. 334, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:232. Apportionment of appropriated fund by the department; construction restricted to priority listing; secretary's emergency fund

RS 48:232 - 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 that fiscal year regardless of the source of the funds for the project, with the exception of projects undertaken and financed out of the secretary's emergency fund and projects involving the use of matching funds to meet federal requirements in order to receive federal aid funds. Appropriations for highway construction shall be apportioned by the department to the several highway classifications based on the proportion that the needs in each classification bears to the total needs and shall be allocated by the department to the projects within each classification. Semiannually the secretary shall provide the Joint Legislative Committee on Transportation, Highways and Public Works a recapitulation of all emergency projects for the preceding six-month period, outlining the nature and cost of the emergency.
Added by Acts 1974, No. 334, §1. Amended by Acts 1977, No. 291, §1; Acts 2001, No. 1032, §16.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:232.1. Apportionment of appropriated funds by the department; tunnel replacement priority

RS 48:232.1 - 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 department may use any available source of funds to finance such projects, and may use any available source of funds, including the secretary's emergency fund, as matching funds to meet federal requirements in order to receive federal aid funds. Notwithstanding any other provision of law to the contrary, the department may contract for such projects using any contract method provided by law, including design-build or construction management at risk.
Acts 2015, No. 30, §2, eff. May 29, 2015.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:233. Delays in construction; public statement; substitution of another project; allocated funds

RS 48:233 - 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 planned, the secretary shall file with the project records a public statement as to the factors causing the delay, and the next priority project meeting all necessary needed requirements for the same highway classification shall be substituted therefor. When the delaying factors have been overcome, the delayed project shall be placed in the highest priority for the next ensuing fiscal year. Funds allocated for each construction project shall remain so allocated until the project is completed and the project costs are liquidated.
Added by Acts 1974, No. 334, §1. Amended by Acts 1977, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:234. Highway construction; authority for set-aside procurement from socially or economically disadvantaged or women owned businesses

RS 48:234 - 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 disadvantaged and/or women owned businesses, as defined in R.S. 39:1732(4), and (5), an amount not to exceed ten percent of the funds appropriated for highway construction and for procurement of goods and services for highway construction. This Subsection shall be inapplicable if no socially or economically disadvantaged and/or women owned business exists in the particular category to which the set aside applies.
B. The secretary shall, for each fiscal year, designate and set aside for awarding to socially or economically disadvantaged and/or women owned businesses, an amount not to exceed ten percent of the funds appropriated for highway construction and for procurement of goods and services for highway construction. This Subsection shall be inapplicable if no socially or economically disadvantaged and/or women owned business exists in the particular category to which the set aside applies.
C. In order to implement the provisions of this Section, the secretary shall adopt rules, standards, and procedures for certifying that businesses owned and operated by socially or economically disadvantaged persons or women are eligible to participate under the requirements of this Section. The procedure for determination of eligibility may include self-certification by a business, provided that the secretary retains the ability to verify a self-certification. Other rules as may be necessary to carry out the duties set forth in this Section may also be adopted.
D. Provided, however, the total amount for the set-aside program shall not exceed ten percent of the state and federal funds allocated for highway construction.
Added by Acts 1983, No. 715, §1, eff. Jan. 1, 1984; Acts 1985, No. 910, §1; Acts 1987, No. 800, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:235. Adopt-a-road program

RS 48:235 - 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 purpose of controlling litter along that section of highway, interstate highway, or interstate highway interchange. The department may also enter into cooperative endeavor agreements to effectuate the purposes of this Section. Included in the responsibilities of any business or private civic organization which chooses to participate in the program shall be the following:
(1) Development of a functional plan to influence and encourage the public to improve the appearance of the adopted section of highway.
(2) A general cleanup of the area at least twice a year.
(3) Assistance to the department in securing media coverage for the program.
B. The department shall also develop a program whereby a business or private civic organization may adopt the median of a portion of a state-maintained highway inside a municipality. The business or private civic organization shall control litter, cut grass, maintain existing shrubs and trees, and trim curbs. It may also plant flowers and additional plants if approved by the department. The adoption of these areas shall be for a period of at least one year.
C. Any organization which adopts an interstate highway interchange shall conduct its general cleanup of such areas only when escorted by a municipal or parish law enforcement officer or other person approved by the department.
D. Any parish or municipality which maintains a portion of the green space along a state-maintained highway, interstate highway, or interstate highway interchange may place a sign identifying the parish or municipality upon approval of the department.
E. Any parish or municipality which has a parkway adoption program may place a sign identifying an organization, business, department of government, or individual that adopts a section of state-maintained highway, interstate highway, or interstate highway interchange upon approval of the department.
F. The department shall promulgate rules and regulations to implement the provisions of this Section.
Acts 2008, No. 89, §1, eff. June 5, 2008.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:250. Application of this Part

RS 48:250 - 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 obligations and the department not in conflict with this Part.
B.(1) If a law requires a contract, bond, or any other document to be in writing, an electronic record satisfies law.
(2) If a law requires a signature on a contract, bond, or any other document, an electronic signature satisfies law.
(3) If a law requires the department to record a contract, bond, or any other document in the office of the recorder of mortgages, the recorder shall record a contract, bond, or any other document formed by electronic means and executed by means of electronic signature.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2009, No. 42, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:250.1. Structured training program; construction and maintenance personnel

RS 48:250.1 - 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 Memorandum. The department shall provide training at its own expense and shall allow employees to complete training during regular work hours. The department shall notify employees in writing of their training requirements no less than six months prior to the department's review of the employee's record for merit increase purposes.
B. If, in the course of reviewing an employee's record for merit increase purposes, the department discovers that an employee has failed to meet or maintain the department's training requirements, the department shall issue a formal letter of warning to the employee for failing to meet or maintain training requirements. The letter shall include a list of the deficient training requirements and shall give notice to the employee that once the deficient training is completed, the employee's merit increase shall be granted, provided that lack of training is the only reason for withholding the employee's merit increase. The letter shall also include notice to the employee that if the deficient training requirements are not met by the employee's next anniversary date or by the next date the employee is eligible for a merit increase, the employee shall be subject to disciplinary action as authorized by the State Civil Service Commission and civil service rules.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1998, 1st Ex. Sess., No. 77, §1, eff. May 1, 1998; Acts 2006, No. 461, §1, eff. June 15, 2006.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:250.2. Design-build contracts; administration

RS 48:250.2 - 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 implement a program to combine the design and construction phases of a transportation facility or facilities, including but not limited to highways, interchanges, bridges, ferries on the Mississippi River, or tunnels into a single contract.
B. This program shall allow use of the design-build method to construct the new Mississippi River Bridge at St. Francisville, connection to U.S. Hwy. 61, including approach structures and connecting roadways, which project is included in the Transportation Infrastructure Model for Economic Development program. The secretary may also select additional projects or combine a program of projects to utilize the design-build method. C. There shall be no challenge by any legal process to the choice of the successful designer-builder other than for fraud, bias for pecuniary or personal reasons not related to the interest of the taxpayers, or arbitrary and capricious selection by the secretary. Once the designer-builder has been chosen and a contract for a stipulated schedule and sum certain price executed, the price of the design-build contract shall not be increased other than for inflation as prescribed in the contract and for site or other conditions of which the designer-builder had no knowledge and should not have had knowledge as a reasonable possibility existing at the site or concerning the design and construction.
D. The department shall consider a design-build contract to replace the tunnel on Louisiana Highway 23 and shall submit a written report of its recommendation to the House and Senate committees on transportation, highways, and public works not later than February 1, 2016.
Acts 1998, 1st Ex. Sess., No. 105, §1; Acts 1999, No. 654, §1, eff. July 1, 1999; Acts 2004, No. 81, §§1, 2; Acts 2008, No. 111, §1, eff. June 6, 2008; Acts 2015, No. 30, §2, eff. May 29, 2015; Acts 2021, No. 346, §1, eff. June 15, 2021.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:250.4. Public-private partnership projects

RS 48:250.4 - 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 Senate transportation, highways and public works committees, may solicit proposals for public-private partnership projects for a transportation facility. The department shall comply with the provisions of R.S. 48:2084 through 2084.15 that are applicable to public-private partnership projects of the Louisiana Transportation Authority and the provisions of R.S. 48:256.3 and 256.5.
(2) Prior to executing a contract for a public-private partnership, the department shall receive approval from the House and Senate transportation, highways and public works committees to enter into the contract.
(a) The Department of Transportation and Development shall provide the detailed financial analysis of cost conducted by the department and the Federal Highway Administration relative to the I-10 Calcasieu River Bridge project to the Senate Committee on Transportation, Highways and Public Works and the House Committee on Transportation, Highways and Public Works.
(b) The Department of Transportation and Development and the Department of the Treasury shall use the analysis provided for by Subparagraph (a) of this Paragraph to prepare a comparative financial analysis of the cost of the design build method of the I-10 Calcasieu River Bridge project.
(c) The result of the comparative analysis shall be provided to the Senate Committee on Transportation, Highways and Public Works and the House Committee on Transportation, Highways and Public Works immediately upon completion. The committees shall use the comparative analysis as a reference during deliberation in approving the public-private partnership contract for the I-10 Calcasieu River Bridge project.
B.(1) Twenty-five percent of public-private partnership projects undertaken by the department shall be located outside the boundaries of a metropolitan planning area, as defined in 23 U.S.C. 134.
(2) Solicitations for public-private partnership projects outside the boundaries of any metropolitan planning area, as defined in 23 U.S.C. 134, shall be subject to the approval of the House and Senate committee on agriculture, forestry, aquaculture and rural development in addition to the approval of the House and Senate committees on transportation, highways and public works.
C. The department shall not receive an unsolicited proposal for a public-private partnership project.
Acts 2016, No. 519, §2, eff. June 13, 2016; Acts 2019, No. 358, §1, eff. June 11, 2019; Acts 2022, No. 758, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:251. Contracts for projects

RS 48:251 - 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 Part, be undertaken only under contract.
B. Every contract exceeding the contract limit, as defined in this Subsection, for construction, maintenance, or improvement of a department facility under the provisions of this Part shall be made in the name of the department and shall be signed by the secretary of the Department of Transportation and Development or his duly appointed designee and by the contracting party. The contract limit for this Part is hereby defined to equal one million dollars. No contract shall be entered into nor shall any work be authorized which will create a liability on the part of the state in excess of the funds available or which will be available for the project.
C. Every contract for the construction of or improvements to highways shall include a warranty by the contractor as to the quality of materials and workmanship for a duration of three years. The Department of Transportation and Development shall implement the purposes of this Subsection and shall submit a report on its implementation of the warranty requirements to the Joint Legislative Committee on Transportation, Highways and Public Works no later than July 1, 1998.
D. There shall be established by the Department of Transportation and Development a cash management plan which shall to the greatest extent possible effectively and efficiently utilize the funds appropriated or otherwise made available to the department to assure the timely construction of projects. The department shall submit a report on its implementation of the cash management plan to the House and Senate Committees on Transportation, Highways and Public Works and to the Joint Legislative Committee on the Budget no later than July 1, 1998.
Amended by Acts 1977, No. 291, §1; Acts 1997, No. 555, §1, eff. July 3, 1997; Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1997, No. 1329, §1; Acts 1998, 1st Ex. Sess., No. 161, §3, eff. May 7, 1998; Acts 2001, No. 563, §1; Acts 2007, No. 386, §1, eff. July 1, 2007; Acts 2023, No. 8, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:251.1. Provision for trenching and shoring in construction contracts

RS 48:251.1 - 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 to all of the bidders and the contract must include:
(1) A copy of special shoring requirements of the Department of Transportation and Development with a separate pay item for such special shoring requirements.
(2) A copy of any geotechnical information that was used in the design of the project.
(3) A separate pay item for trench excavation safety protection on that portion of the project on which trench excavation exceeds five feet.
B. The separate pay item for trench safety shall be based on the linear feet of trench excavated. The separate pay item for special shoring requirements, if any, shall be based on the square feet of shoring used.
Acts 1990, No. 918, §1, eff. Jan. 1, 1991; Acts 1991, No. 775, §1, eff. July 18, 1991; Acts 1993, No. 228, §1, eff. June 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:251.2. Prescription

RS 48:251.2 - 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 the department shall prescribe five years from recordation of the acceptance of such work, or of notice of default of the contractor, whichever occurs first.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:251.3. Prescription; claims by contractors; surety

RS 48:251.3 - 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 other termination of the contract, whichever occurs first. Any action which would be extinguished by the provisions of this Section may be brought within one year of July 14, 1997.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:251.4. Architects and engineers; prohibitions against interest in organizations furnishing construction materials

RS 48:251.4 - 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, partnership, or other organization which supplies materials for the construction of a public work let by the department when the architect or engineer has performed architectural or engineering services, either directly or indirectly, in connection with the public work for which the materials are being supplied.
B. For the purposes of this Section, a "substantial financial interest" shall exclude any interest in stock being traded on the American Stock Exchange or the New York Stock Exchange or the National Association of Securities Dealers and Quotations.
C. Whoever violates the provisions of Subsection A of this Section shall be guilty of a misdemeanor and shall be fined not more than an amount equal to the total value of the materials involved in such violation, or not more than ten thousand dollars, whichever is greater, or imprisoned for not more than six months, or both.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:251.5. Payments under contract

RS 48:251.5 - 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, respectively, become due and payable under the contract.
B.(1) If the department fails to make any final payments after recordation of formal final acceptance and within forty-five days following receipt of a clear lien certificate by the department, the retainage or other payments known by the department to be due and payable shall be released, but the contractor and the contractor's surety shall remain liable for any overpayment by the department to the contractor, stipulated damages for delay in a completion or work necessary to repair latent defects, or in performance of warranty work under the contract.
(2) If the department fails to make any final payment within one hundred days after its receipt of the clear lien certificate, the department shall be liable for legal interest on the balance due on the contract.
(3) If the department fails to make final payment as provided or neglects to promptly ascertain the final estimated quantities under the contract in bad faith, then the contractor shall be entitled to attorney fees if a mandamus to perform such acts is necessary for the contractor to receive all monies due and owed the contractor under the contract.
C. The provisions of this Section shall not be subject to waiver by contract.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2015, No. 29, §1, eff. May 29, 2015.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:251.6. Prohibited donation, loan, or pledge of public credit or property; suits to invalidate contracts violative thereof

RS 48:251.6 - 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 any contract of the state may violate the provisions of Article VII, Section 14 of the Constitution of Louisiana, he shall submit the pertinent facts thereof to the attorney general.
(b) In any case in which the legislature, or any of its members, has reason to believe that any contract of the state or any political subdivision may violate the provisions of Article VII, Section 14 of the Constitution of Louisiana, the legislature or the member thereof shall submit the pertinent facts to the attorney general.
(2) Upon submission of such pertinent facts by the legislative auditor, the legislature, or any member of the legislature, the attorney general shall institute a civil proceeding to invalidate the contract, if in his opinion such a proceeding is necessary for the assertion or protection of any right or interest of the department or within the intention of Article VII, Section 14 of the Constitution of Louisiana. If in his opinion such a proceeding is not necessary, he shall submit in writing such opinion and his reasons therefor to the official or body which submitted such facts to him.
B. Additionally, the attorney general, on his own initiative, shall institute a civil proceeding to invalidate any contract of the department, if, in his opinion, such a proceeding is necessary for the assertion or protection of any right or interest of the state or political subdivision within the intent of Article VII, Section 14 of the Constitution of Louisiana.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:251.7. Prohibited provisions

RS 48:251.7 - 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 arising out of injuries or property damage to the contracting parties or to third parties caused by the negligence of anyone other than the department, its employees, or agents, is contrary to the public policy of the state of Louisiana. Any and all such provisions in any and all department contracts shall be null and void.
B. It is hereby declared that any provision contained in a department contract, other than a provision naming another as a coinsured or additional beneficiary in a contract of insurance, which requires a contracting private party to assume liability for damages arising out of injuries or property damage to the department caused by the negligence of anyone other than the contracting private party, its employees, or agents, is contrary to the public policy of the state of Louisiana. Any and all such provisions in any and all department contracts shall be null and void.
C. The provisions of this Section shall not apply to contracts between the department and the owner of immovable property when the purpose of the contract is to grant the department a servitude, right-of-way, or other authority to go upon, construct works, perform activities, or to otherwise exercise control over or use the owner's property.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2023, No. 379, §2.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:251.8. Public contracts; certain provisions invalid

RS 48:251.8 - 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 in a forum or jurisdiction outside of this state, instead of being pursued in accordance with the laws of this state governing such actions.
(2) That the agreement must be interpreted according to the laws of another jurisdiction.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2010, No. 868, §3, eff. July 1, 2010; Acts 2011, No. 343, §4.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:252.1. Emergency contracting

RS 48:252.1 - 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 demands of the emergency.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1998, 1st Ex. Sess., No. 126, §2, eff. May 5, 1998.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:253. Bid bonds accompanying bids

RS 48:253 - Bid bonds accompanying bids
A. Every bid submitted for projects in excess of fifty 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 official bid amount.
B.(1) The bid bond shall be forfeited to the department or other named obligee if the bidder fails to make the required bond, fails to execute the contract, or fails to comply with any provision necessary for execution of the contract.
(2) Should the forfeited bid bond in any manner be limited or not payable on demand, the bidder will be disqualified from bidding or approval as a subcontractor on any department advertised project for a period of one year following nonpayment.
C. The bid bonds of unsuccessful bidders shall not be returned by the department.
D. Bid bonds shall be written by a surety or insurance company currently on the U.S. Department of Treasury Financial Management Service list of approved bonding companies which is published annually in the Federal Register, or by a Louisiana-domiciled insurance company with at least an A- rating in the latest printing of the A. M. Best's Key Rating Guide.
Amended by Acts 1956, No. 41, §1, Acts 1960, No. 525, §1; Acts 1964, No. 88, §1; Acts 1977, No. 291, §1; Acts 1979, No. 179, §2, eff. July 3, 1979; Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1998, 1st Ex. Sess., No. 26, §1, eff. April 24, 1998; Acts 1998, 1st Ex. Sess., No. 36, §1, eff. April 24, 1998; Acts 1999, No. 366, §1, eff. June 16, 1999; Acts 1999, No. 652, §1; Acts 1999, No. 1310, §1, eff. July 12, 1999; Acts 2001, No. 575, §§1and 2; Acts 2007, No. 386, §1, eff. July 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:254. Submission of more than one bid; financial interest in other bids

RS 48:254 - 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 submitted by another bidder.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:255.1. Information to be submitted to the department by contractors; confidentiality of information

RS 48:255.1 - 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 proposed work. This information shall be subject to audit and shall be recorded by the department on forms clearly marked "confidential", and these forms and the information contained on them shall be treated as confidential and shall be exempted from the provisions of R.S. 44:1 through 37.
Added by Acts 1976, No. 193, §1; Acts 1997, No. 1112, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:255.2. Liability of surety in case of default of contractor

RS 48:255.2 - 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 certified mail or overnight delivery. Within thirty days of receipt of such notification, the surety company shall present to the department either a plan assuming performance on the contract and procuring, or tendering completion of the project, the bond penal sum, or provide the public entity in writing with a reasonable response for the contractor's alleged default. If no plan is presented by the surety company and the public entity completes the project, the surety company shall then be responsible for payment to the public entity of the costs of completion of the project and stipulated damages assessed by the public entity up to the total amount of the bond purchased by the contractor. In addition, if the surety company has not timely completed the project and a court of competent jurisdiction has determined that the surety company has in bad faith refused to take over the project as provided in this Section, the surety company shall be responsible for the payment of any stipulated damages for any delay in the completion of the project as specified in the original contract and any reasonable attorney fees and court costs incurred by the public entity in collection of the payments required by this Section.
Acts 1995, No. 1146, §1, eff. June 29, 1995; Acts 2003, No. 863, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:255.3. Contract contrary to provisions of this Part void

RS 48:255.3 - 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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:255.4. Cost-plus contracts prohibited; exceptions

RS 48:255.4 - 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-plus basis, if such basis was specified in the original contract as advertised.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:255.5. Issuance of work orders and commencement of work

RS 48:255.5 - 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 before the commencement of any work, give notice of such contract, in writing, to all utility, communication, and public service companies and all public agencies and boards who furnish any utility, gas, water, electrical, communication, sewerage, or drainage services which may have underground pipes, cables, or any other underground installation which may be within the right-of-way where the public work is to be constructed, altered, or repaired. Said written notice shall require that the person, partnership, corporation, board, or agency so notified shall furnish to the department within a period of thirty days after receipt of notice, unless such time is extended by the department, a diagram or plat showing the location of such underground installations within the right-of-way, a copy of which shall be furnished by the department to the contractor before commencement of work under the contract. If such diagram or plat is not furnished within the time specified or any extension thereof granted by the department, the work order may be issued and the work commenced or the work order may be delayed.
(2) Should the diagram or plat not be furnished or the location of the underground cables, pipes, or other underground installations be inaccurately shown thereon, the department and the contractor shall be released from any responsibility in connection with their damage unless such damage is caused by the negligence of the department or contractor.
(3) If the work on the project is delayed due to the failure of the utility to furnish the plat or diagram required in this Section, the utility shall be liable for delays and cost escalations suffered by the contractor and the department.
B. This Section shall not relieve the department or contractor from the responsibility to give notice of intent to excavate or demolish to the regional notification center or centers serving the area in which the proposed work is to take place in order to be in compliance with the provisions of the "Louisiana Underground Utilities and Facilities Damage Prevention Law" as provided for in R.S. 40:1749.11 through 1749.22.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:255.6. Preference in letting contracts for public works

RS 48:255.6 - 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 type of work, then every Louisiana resident contractor shall be granted the same preference over contractors domiciled in the other state favoring contractors domiciled therein whenever the nonresident contractor bids on public work in Louisiana.
B. The provisions and requirements of this Section shall not be waived by any department.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:255.7. Contracts in which the department is a participant; preferences; assistance; exclusions

RS 48:255.7 - 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 of letting the contract that not less than eighty percent of the persons employed in fulfilling that contract shall be residents of the state of Louisiana.
B. The Louisiana Workforce Commission, upon request of any state agency, the governing authority of a political subdivision, or a contractor awarded a contract under the provision of this Section, shall assist in identifying craftsmen, laborers, and any other personnel necessary to comply with the requirements of this Section.
C. Notwithstanding the provisions of this Section, management personnel and persons whose skills are unavailable for performing the work shall be excluded from the requirements of this Section.
D. This Section shall not apply where federal funding participation does not allow application of this Section to the contract and will result in the loss of such federal funding.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:256.1. Highway construction contracts; retained amounts; retainage bonds

RS 48:256.1 - 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, maintenance, or repair of any road, highway, bridge, or appurtenance thereto or any other Department of Transportation and Development facility, providing for the retainage of amounts constituting a percentage of the gross value of the completed work as may be provided for in the contract. Retained amounts for projects which cost less than five hundred thousand dollars shall not exceed ten percent of the gross value of the completed work. Retained amounts for projects which cost five hundred thousand dollars or more shall not exceed five percent of the gross value of the completed work.
(2) Final payment of the retained amounts to the contractor under the contract to which the retained amount relates shall be made after certification by the secretary or his duly appointed designee that the work has been satisfactorily completed and is accepted in accordance with the contract, plans, and specifications, and forty-five days have lapsed from filing the notice of final acceptance with the office of the recorder of mortgages in the parish where the work has been done. Any interest earned on the retained amounts shall be credited to the Transportation Trust Fund.
B, C. Repealed by Acts 2001, No. 413, §2.
D. If the contractor furnishes the department a retainage bond equal to ten percent of the contract amount for projects less than five hundred thousand dollars or five percent of the contract amount for projects five hundred thousand dollars or more, the department shall not withhold retainage.
Added by Acts 1975, No. 661, §1. Amended by Acts 1977, No. 291, §1; Acts 1977, 1st Ex.Sess., No. 14, §1, eff. 12:01 a.m., Sept. 9, 1977; Acts 1986, No. 579, §1; Acts 1986, No. 656, §1; Acts 1986, No. 881, §1; Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1998, 1st Ex. Sess., No. 27, §1, eff. April 24, 1998; Acts 2001, No. 413, §§1 and 2.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:256.2. Reduce speed limit signs; removal

RS 48:256.2 - 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 reduced speed limit in construction areas not later than thirty days after final acceptance of the project by the department. In the event that the project work is performed by the Department of Transportation and Development personnel, then the reduced speed limit signs shall be removed not later than thirty days after the work activity on the project ceases.
Acts 1993, No. 383, §1; Acts 1999, No. 232, §1; Acts 2010, No. 45, §1.