Associated General Contractors of America v. Police Jury of Pointe Coupee Parish

225 So. 2d 300, 1969 La. App. LEXIS 5675
CourtLouisiana Court of Appeal
DecidedJuly 2, 1969
DocketNo. 7743
StatusPublished
Cited by6 cases

This text of 225 So. 2d 300 (Associated General Contractors of America v. Police Jury of Pointe Coupee Parish) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Associated General Contractors of America v. Police Jury of Pointe Coupee Parish, 225 So. 2d 300, 1969 La. App. LEXIS 5675 (La. Ct. App. 1969).

Opinion

LANDRY, Judge.

Plaintiff, The Associated General Contractors of America (Contractor) seeks by this action to enjoin the Police Jury of Pointe Coupee Parish and its members individually (Police Jury) and the State Department of Highways (Department) from jointly constructing a certain road and bridge in Pointe Coupee Parish without advertising the project for bids and letting same by contract to the lowest responsible bidder. The trial court dismissed plaintiffs’ action as to the Department on that defendant’s exception of no right of action. After trial on the merits adversely with the Police Jury, the lower court rejected plaintiffs’ demands as to the Police Jury on the basis that the work was not a “major project.” The significance of this latter determination will hereinafter be shown. Contractor has appealed. We find the trial court erred in declining to issue the injunction prayed for and accordingly reverse the judgment rendered below.

We are here concerned solely with questions of law inasmuch as there is no controversy regarding the circumstances which generated this particular lawsuit.

In 1966 defendant Parish commenced acquiring right of way for a section of road measuring 9,600 feet in length (1.8 miles) to run from the west side of Louisiana Highway 1 to the east side of the Morgan-za-New Roads Highway. A right of way 80 feet wide was acquired from the several landowners involved. The proposed construction will generally parallel the site of a new parish hospital. In its course, the roadway will cross a small stream known as Portage Canal. To span the canal, a bridge of six span construction, approximately 115 feet long, will be required.

It is conceded the proposed project will make the new hospital more readily available to the residents of the northern part of Pointe Coupee Parish in that it will eliminate their traveling through the Town of New Roads to reach this facility. Also admitted is the fact it will enable transient motor traffic to by-pass the Town of New Roads. Appropriately enough, the project has become locally known as “the Hospital Road.”

[303]*303The proposed construction, according to the stipulated facts, consists of:

“ * * .* clearing and grubbing of the right of way and preparation of the road bed, the digging of lateral drainage ditches, formation of embankments, the installation of metal or concrete pipe culverts, the placing of gravel on the road bed, the construction of a railroad crossing, piledriving and completely building a six (6) span bridge across the Portage Canal (a distance of approximately 115'). The proposed bridge will have six (6) 19' spans, timber pilings, precast concrete deck slabs and deep hand rails.”

Cost of construction, including the bridge, is estimated to be $50,000 if the roadway is hardsurfaced, $40,000 if surfaced with gravel only. Of said estimate, the bridge represents the sum of $19,858.42.

By virtue of a resolution adopted at its February, 1966 meeting, the Police Jury requested the Department’s aid in performing the work required to construct the bridge over Portage Canal. It is conceded the resolution is tantamount to a contract between the Police Jury and the Department. Basically the agreement provides the Department shall construct the bridge with its own maintenance personnel. The contract also estimates the cost of the bridge at $19,858.43. Upon completion of the structure, full responsibility for its maintenance is assumed by the Police Jury. It is conceded materials required for the bridge amount to $12,948.86 and were purchased by the Department through public competitive bidding. The remainder of the bridge cost represents reimbursement to the Department of the expense involved in furnishing the personnel for the work.

As the filing of this action on April 17, 1968, work on the project had progressed to the point that some gravel had been placed on the roadbed and a number of pipes and culverts had been installed to prevent interception of drainage facilities crossed by the road.

Contractor grounds its action upon the provisions of LSA-R.S. 38:2211, commonly known as the “low bidder” law. Essentially Contractor urges the action of the Police Jury contravenes the letter and spirit of the applicable statute and construction of the proposed project should be enjoined until the work is advertised for competitive bids.

Those portions of Section 2211, supra, peculiarly applicable to the case at hand are the first sentence of the first paragraph and the third paragraph which, respectively, read as follows:

“All public work to be done, exceeding the sum of two thousand five hundred dollars, including both labor and materials, by any public corporation or political subdivison of the state and all purchases of materials or supplies exceeding the sum of one thousand dollars to be paid out of public funds shall be advertised and let by contract to the lowest responsible bidder who has bid according to the contract, plans and specifications as advertised; and no such public work shall be done and no such purchase shall be made except as provided in this Part. * * * ”
******
“This Section shall not apply in cases of extreme public emergency where such emergency has been certified to by the governing authority of the agency or body, and notice of such public emergency shall, within ten days thereof, be published in the official journal of the body or agency proposing or declaring such public emergency. Neither shall this Section apply for labor necessary and used in the maintenance of public works built and completed. Provided, further, that nothing herein shall prevent municipalities or other public bodies from using their own regular maintenance employees for labor necessary in construction or extension of municipally owned and operated public utilities or other public property, however, not to include [304]*304construction of buildings or other major projects.”

In essence Contractor maintains construction of the road and bridge is a “major project” of the Police Jury, therefore, under the provisions of paragraph three, the work must be advertised for bids. Appellant also maintains the Department is bound by this same provision and must consequently advertise the bridge for public bidding.

The Police Jury argues first that LSA-R.S. 38:2211 is unconstitutional in that the title of the act is not sufficiently descriptive of the scope and extent of the statute as required by Article III, Section 16, of our State Constitution. Alternatively, the Police Jury contends the work is not a “major project” and therefore comes within the exception which allows a municipality to use its own maintenance forces in the construction of works which are not buildings or major projects.

The Department makes the same arguments as the Police Jury. In addition, the Department maintains it is not subject to injunction inasmuch as certain provisions of LSA-R.S. Title 48, a special statute applicable to the Department alone, permits the Department to construct roadways with its own maintenance personnel without advertising the work for bids. Stated otherwise, the Department contends LSA-R.S. Title 48, particularly Sections 214 and 215 thereof, are special statutes which are not repealed by the general law contained in LSA-R.S. 38:2211 because the general law does not indicate intent to repeal the special statute so clearly and evidently that such intent is not open to doubt.

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Bluebook (online)
225 So. 2d 300, 1969 La. App. LEXIS 5675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/associated-general-contractors-of-america-v-police-jury-of-pointe-coupee-lactapp-1969.