Chapter 1. Director of Public Works

§ 1101. Public Works Policies, Procedures and Regulations. Policies and Procedures for the Implementation of Capital Improvement Projects.

§ 1102. Definitions. The following are definitions of terms and titles used in the body of the procedures. Other terms not defined should be self-explanatory: (a) “ CIP ” stands for Capital Improvement Project and is defined as construction of new public facilities, or projects w…

§ 1103. Project Initiation: Policy - Project Initiation. (a) Work on capital improvement projects shall be initiated only upon the approval of the Chief of Engineering. (b) Only capital improvement projects with adequate funds to accomplish the intent and scope of each project sh…

§ 1104. Same: Application. The provisions of §§ 1103 through 1112, shall apply to all capital improvement projects under the purview of the Department, or more specifically, those projects assigned to any Engineering or Operations Division of this Department.

§ 1105. Same: Creation and Preliminary Processing of Projects. There are essentially two (2) methods by which projects are created: (a) Public Law. A project may be created through the enactment of a public law requiring joint action by the Legislative and Executive Branches of t…

§ 1106. Same: Designation of the Using Agency. If there is no clear distinction regarding the role of the Using Agency, the Director of Public Works shall define, designate and inform the specific government of Guam agency who will assume this role on each specific project.

§ 1107. Same: Project Assignment. After the Department of Public Works has been properly notified of the creation of a project, the implementing division shall be responsible for assigning a project manager to manage all aspects of the project. Project assignments shall be made b…

§ 1108. Same: Project Identification and Numbering Procedures: Capital Improvement Projects (Except Highways). The project identification and numbering code will have twelve (12) characters: (a) Project Category. The first two (2) characters will indicate the Project Category: Ex…

§ 1109. Same: Same: Highway Projects. The highway project identification and numbering code will have twelve (12) characters: (a) Project Category. The first three (3) characters will indicate the road, intersection or bridge designation. Digits will indicate the Route Number. Le…

§ 1110. Same: Same: Implementation Responsibility. The Principal Engineer of the Implementing Division shall assure that all projects are numbered properly.

§ 1111. Same: Project Filing Procedures. General. All project files must be created and maintained in accordance with the following format and procedures. There shall be one project file with two (2) basic divisions which must be initiated and maintained separately: DIVISION ONE …

§ 1112. Same: Same: Implementation Responsibility. The Project Manager shall assure that all necessary documents are executed and filed properly.

§ 1113. Project Planning: Policy - Planning. All capital improvement projects must be subjected to proper planning processes to assure that the following project requirements are fully and properly addressed, evaluated and resolved: (a) Function and compatibility with an establis…

§ 1114. Same: Application. The provisions of §§ 1103 through 1114 shall apply to all capital improvement projects under the purview of the Department or more specifically, those projects assigned to any Engineering or Operations division of this Department.

§ 1115. Same: Project Planning Procedures. The following are procedures governing the planning of all projects. Planning shall be defined as any activity which precedes the actual production of construction plans and specifications. Planning activities include but are not limited…

§ 1116. Same: Determination. (a) The Chief of Engineering shall determine whether planning, wholly or in part, can best be accomplished in-house, or whether the nature and magnitude of the project is such that consultant services are required. (b) Should planning by consultant be…

§ 1117. Same: Planning. Whether planning is done wholly, or in part in-house, or by consultant, the Project Manager must assure that the following are accomplished: (a) The Using Agency parameters that contribute of the project program and design are established; COL 2026-08-06 C…

§ 1118. Same: Public and Special Interest Group Participation in Project Planning Activities. The Principal Engineer shall determine if a project has sufficient impact on environment, the public, a community or a special interest group to warrant a public or special meeting. If a…

§ 1119. Same: Same: Evaluation of Results. The Project Manager shall assure that all comments and suggestions made during the meeting are thoroughly evaluated. The Project Manager shall incorporate into the project all feasible and beneficial comments or suggestions before finali…

§ 1120. Same: Preparation of the Design Scope of Work. Based upon planning results, the Project Manager shall establish the project design concept and detailed design scope of work.

§ 1121. Same: Same: Required Provisions of the Design Scope of Work. The Project Manager (or Consultant when appropriate) shall prepare a detailed design scope of work which must define and set forth the following provisions: (a) Intent of the Design Contract (b) Project Location…

§ 1122. Same: Same: Approval of the Scope of Work. The Project Manager shall assure that: (a) The Scope is satisfactory to the Director or authorized representative of the Using Agency and to a participating federal agency, if appropriate. (b) The Scope must then be submitted to …

§ 1123. Same: Identification of Preliminary Project Costs. The Project Manager shall prepare (on Schedule A as shown in Plate 7) a Project Budget which must program the probable costs for the following: (a) Planning and Design (b) Contract Administration (c) Real Estate Acquisiti…

§ 1124. Same: Filing of Project Management Documents. The Project Manager shall assure that all official actions related to project planning are documented and filed in accordance with §§ 1111 and 1112.

§ 1125. Procurement of Consultant Services: Policy. (a) Only professionally qualified, experienced and reputable consultant firms shall be engaged to provide project planning and/or design services. Negotiations shall be carried out, contracts executed and administered in accorda…

§ 1126. Same: Application. The provisions of §§ 1125 through 1144 apply to all activities involved with procurement of consultant contracts for planning or engineering services.

§ 1127. Same: Professional Consultant Files. The Chief of Engineering shall be responsible for creating, maintaining and updating the files of all planning, surveying, architectural and engineering consultants who are qualified to provide the Government with professional services…

§ 1128. Same: Procedures for Selection of Consultants. The following procedures shall govern the selection of consultants for government projects.

§ 1129. Same: Same: Board of Review Authority and Responsibilities. (a) Membership. The Board of Review is a committee convened and chaired by the Principal Engineer of the Implementing Division and consists of the following members: (1) Chief of Engineering (2) Principal Enginee…

§ 1130. Same: Same: Slate Selection (or Pre-selection of Consultants). The Principal Engineer shall convene a Board of Review to prepare and evaluate a slate of qualified consultants based upon the following criteria: (a) Specialized experience in the type of work required; (b) P…

§ 1131. Same: Same: Final Selection of Consultants. The following shall govern the final selection of consultants: (a) The slate must be narrowed to three (3) firms in order of preference. (The standard selection work sheet with rating instructions illustrated by Plate 8 shall be…

§ 1132. Same: Procedures for Conduct of Negotiations. The following procedures shall govern the conduct of negotiations with selected consultants.

§ 1133. Same: Same: Negotiating Committee Authority and Responsibilities. (a) The negotiating committee is normally composed of the Principal Engineer and the Project Manager. (b) The size and specific membership of the committee may be increased should the Principal Engineer dec…

§ 1134. Same: Same: Scope of Services. The design Scope of Work developed in accordance with §§ 1120 through 1122 of this Article [Manual] shall be used as the preliminary scope of services. During negotiations the contract scope of services shall be finalized between the consult…

§ 1135. Same: Same: Independent Cost Estimate. Before the selected consultant is notified, the Project Manager shall prepare an independent cost estimate of the work ( see § 1123 of this Article [Manual]). This estimate will then be used as the basis of a mutually agreeable fee.

§ 1136. Same: Same: Notification and Preparation for Negotiations. (a) The Principal Engineer shall inform the consultant of the selection in writing. He shall then arrange and conduct a conference with the consultant to explain the scope of services, departmental project managem…

§ 1137. Same: Same: Proposal, Review and Conduct of Negotiations. (a) The Principal Engineer and his staff shall review the proposal to determine whether the scope of services was understood; the desired format followed; and if the fee as detailed is fair, reasonable and within b…

§ 1138. Same: Contract Award and Notice to Proceed. (a) Low Value Consultant Contract. (1) If the negotiated contract fee is equal to or less than Ten Thousand Dollars ($10,000.00), the contract may be processed as a Low Value Contract that is, the contract may be approved by the…

§ 1139. Same: Amendments to Professional Consultant Contracts. Amendments may be made to professional consultant contracts for the following reasons: (a) Increase the scope of work and corresponding increase in contract amount. (b) Decrease the scope of work and corresponding dec…

§ 1140. Same: Same: Format. Amendments shall be executed on the standard departmental format (CD-2).

§ 1141. Same: Same: Notification, Negotiation and Award. (a) Notification, negotiation and award of amendments shall be generally in accord with procedures set forth in §§ 1131 to 1138 as modified to suit the purpose. (b) The Director may approve amendments whose total value does…

§ 1142. Same: Contract Provisions and Administration: Provisions of Contract. The formal contract shall be executed on the Standard Departmental Contract Document CD-1 (Plate 10). The provisions of CD-1 are hereby adopted for official. There shall be no deviations from these prov…

§ 1143. Same: Same: Administration. The Project Manager shall be responsible for assuring compliance with all contract provisions, scope of work and schedule as set forth in CD-1 and §§ 1145 through 1153. The Project Manager shall immediately notify his Principal Engineer of any …

§ 1144. Same: Same: References on Public Contract Practices. The Code of Federal Regulations, Subtitle A, Chapters 1 and 2 are hereby adopted as official references on contracting and contract administration practices. A copy of these regulations shall be retained by the Chief of…

§ 1145. Project Design: Policy. (a) The design of capital improvement projects shall be undertaken only after proper planning has been accomplished as set forth in § 1113 through 1124 of the Article [Manual]. COL 2026-08-06 C H . 1 D IRECTOR OF P UBLIC W ORKS 21 (b) The design of…

§ 1146. Same: Application. The provisions of §§ 1145 through 1153 shall apply to all capital improvement projects under the purview of the Department or, more specifically, those projects assigned to any Engineering or Operations divisions of this Department.

§ 1147. Same: Project Design Procedures. The following are procedures governing the design of all projects. Design shall be defined as the actual development of complete construction plans, specifications and detailed cost estimates in accordance with an approved scope of work. D…

§ 1148. Same: Determination. (a) The Chief of Engineering shall determine whether design of a project, whole or in part can best be accomplished in-house, or whether the nature and magnitude of the project or current workload is such that consultant services are required. (b) Sho…

§ 1149. Same: Design. Whether design is accomplished wholly, or in part, in house or by consultant, the Project Manager shall assure that the following are accomplished: (a) Design is in accordance with the approved design scope of work and in conformance with all applicable code…

§ 1150. Same: Design Review and Submittal. (a) All design work shall be reviewed by the Project Manager, his Chief Project Manager (or team leader) and the Principal Engineer, as a minimum. (b) If design is by consultant, the Project Manager shall be responsible for the detail re…