Title 5 — Government Operations
73 chapters · 2,143 sections in this title.
5 GCA § 58101 Title
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This Act shall be known and shall be cited as The Education Facilities Construction Initiative Act of 2001.
5 GCA § 58102 Legislative Findings and Policy
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[Repealed.] SOURCE: Added by P.L. 26-061:2 (Dec. 22, 2001), and repealed by P.L. 28-047:1 (June 10, 2005).
5 GCA § 58103 Definitions
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For purposes of this Chapter and unless otherwise specified, the following words and phrases are defined to mean: (a) ‘Act’ means Chapter 58 of Title 5 of the Guam Code Annotated, known as ‘The Education Facilities Construction Initiative Act of 2001.’ COL292017 CONSTRUCTION INIT…
5 GCA § 58104 Authorization to Enter into Long-Term Leases
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COL292017 CONSTRUCTION INITIATIVE ACT OF 2001 (a) For the purpose of facilitating the refinancing of the design, construction and maintenance of an existing Education Facility or existing Education Facilities encompassed by this Act, the government of Guam or an Education Agency,…
5 GCA § 58105 Procurement
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(a) Subject to the approval of I Liheslaturan Guåhan, the government of Guam or an Education Agency may solicit Requests for Proposals (‘RFP’) through the Department of Public Works, in compliance with the Guam Procurement Law, for the financing, design and construction of the Ed…
5 GCA § 58106 Responsibilities of Contractor
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(a) The Contract shall require that the Contractor be responsible for all costs, expenses and fees of any kind or nature, associated with the design, civil improvements, on-site infrastructure, construction, permits and financing associated with the completion of an Education Fac…
5 GCA § 58107 Assignments
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To facilitate the purposes of this Chapter and to provide security for the bondholders, the Contractor may assign, without the need of the consent of the Education Agency, the Contract, the Lease and the Lease- Back to any trustee, underwriter or other appropriate party as may be…
5 GCA § 58108 Use of Tax-Exempt Bonds for Financing
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(a) To minimize the financing cost to the Education Agency, all financing utilized by the Contractor to fund the design, construction and maintenance of an Education Facility shall be through tax-exempt bonds or other financial instruments, if a mechanism to do so is available. T…
5 GCA § 58109 Utilities and Routine Maintenance and Repair
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The Education Agency shall be responsible for the connection and payment of all utilities, including, without limitation, power, water, sewer, telephone and cable of the Education Facility. Capital maintenance and repair shall be performed by the Contractor as provided for in 5 G…
5 GCA § 58110 Contractor Responsible for Capital Maintenance
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(a) The Contract with the Contractor, and the Lease-Back, shall provide that all capital maintenance and repair of the Education Facility be performed by the Contractor as a separate cost; provided, however, that said documents may, at the discretion of the Education Agency, prov…
5 GCA § 58111 Rules, Regulations and Restrictions
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COL292017 CONSTRUCTION INITIATIVE ACT OF 2001 The Department of Public Works may promulgate rules and regulations pursuant to Guam law necessary to implement the provisions of this Chapter.
5 GCA § 58112 Severability
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If any provision of this Chapter or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provisions or application, …