Title 5, Government Operations

Within thirty days after any alien is permitted to work in the construction of public works due to an extraordinary emergency, the contractor shall file with the contracting officer of the government a verified report setting forth the nature of the emergency, the name of the ali…

Every contractor and subcontractor shall keep an accurate record showing the name and citizenship of each workman employed by him in the construction of public works for the government of Guam. The record shall be kept open at all reasonable hours for inspection by the contractin…

Any contractor engaged in the construction of public works for the government of Guam shall forfeit, as a penalty, to the government of Guam, Ten Dollars for each alien knowingly employed in such construction, by either such contractor or a subcontractor, for each calendar day, o…

All contracts executed by the government of Guam for the construc- tion of public works shall provide that persons employed thereon shall be paid not less than the minimum wage applicable to the corresponding skill or craft in the service of the government of Guam. COL372014 SOUR…

For purposes of this Chapter the term construction of public works shall mean and include work performed pursuant to contract for the erection, maintenance, rehabilitation, repair, or demolition of any public building, roadway, or any public facility. The term alien shall not inc…

[Repealed.] SOURCE: GC § 10001.6 added by P.L. 5-127; amended by P.L. 10-150; repealed by P.L. 17-9 to conform with the Guam Procurement Law (5 GCA Chapter 5).

Amounts. (a) In order to induce contractors to hire more United States citizens and permanent residents and to encourage training and apprenticeship programs, all bids submitted for government of Guam public works contracts, including service contracts, shall be adjusted in accor…

Contracts. No contract for the construction of public works or for services shall be awarded by the government of Guam unless the contractor has, and throughout the term of the contract, maintains a total workforce of which no less than 40% are citizens or permanent residents of …

(GC §§ 44017-44022, passed by P.L. 18-48:3-8, and amended extensively through the 21st Guam Legislature, requires mandatory registration, repatriation guaranty performance and payment bonds, and certain other regulations governing non-immigrant workers.)

(a) All buildings parking lots, walks and recreational facilities hereafter constructed by or for the government of Guam intended for the use of the general public shall be designed and constructed in such manner as to permit persons with disabilities who use wheelchairs or are o…

The Department of Public Works (Department) is authorized to establish a commercial advertising space program (Program) utilizing space on the interior and exterior of the Department's school buses.

Within ninety (90) days of the enactment of this Act, the Department in consultation with GDOE [Guam Department of Education] shall develop rules and regulations pursuant to the AAL [Administrative Adjudication Law] governing the standard size and placement for the leasing of com…

The Department shall develop a standard lease agreement. The lease agreement shall incorporate applicable rules and regulations, the schedule of fees, and make clear any legal liabilities for private entities seeking to advertise on its buses. The standard lease agreement shall s…

The Department shall issue a request for proposals for the management of the Program. The Fund established in § 50A105 of this Chapter shall be the source for any program management fees.

There is hereby created, separate and apart from all other funds of the government of Guam, a fund known as the DPW Bus Maintenance Fund (Fund) into which shall be deposited all fees collected from the commercial leasing of advertising space on school buses. Expenditures from the…

A Quality/Reliability Assurance Program designed to improve the quality, reliability and durability of equipment and construction, which is fabricated, repaired, installed, maintained, supervised, administered or permitted, will be implemented by the Department of Public Works fo…

The Program shall be geared to: (a) Inform employees of the importance of their work contribution to the overall success of the government of Guam and the Department of Public Works in accomplishing their mission; (b) Identify and eliminate causes of error; (c) Motivate each empl…

The Director of Public Works shall be responsible for planning, initiating, sustaining and evaluating this high priority program, and for COL120106 establishing merit awards to be given to deserving employees who become involved. SOURCE: GC § 10102 added by P.L. 12-217. ---------…

In order to provide an orderly system for the numbering of buildings and properties within the territory (except such buildings and properties as are located within military reservations of the United States), the Director of Public Works is hereby directed to prepare an overall …

The Director, in the preparation of said plan, shall: (a) take into consideration the house number requirements of the United States Postal Service for door-to-door delivery of mail. (b) formulate such a uniform system of street address numbers, (1) that each residence and busine…

The Director shall submit to the Territorial Planning Commission the tentative plan and recommendations for such street address numbering system and shall take into consideration in formulating the final plan the formal recommendations of the Commission regarding said COL120106 t…

The Territorial Planning Commission shall transmit the final plan to the Governor of Guam who shall, not later than January 1959, submit to the Legislature said final plan for the numbering of street addresses within the territory. SOURCE: GC § 10203 added by P.L. 4-81. COMMENT: …

Upon receipt of the final plan submitted by the Governor for a numbering system, the Legislature may, by statute, adopt said plan. Before adopting the proposed plan, the Legislature shall hold at least one public hearing. SOURCE: GC § 10204 added by P.L. 4-81.

Upon the effective date of the statute approving the final plan, it shall be the duty of the Director of Public Works to put into effect the plan so approved and he shall thereupon: (a) notify the occupants of those buildings properties for which numbers have been provided by sai…

In furtherance of the intent of this Chapter, the Director of Public Works shall formulate and promulgate and may amend or repeal rules and regulations to prescribe the size, appearance and location of the COL120106 individual street address numbers and the manner by which each o…

It shall be the duty of each owner of buildings affected by this Chapter (except those excluded from the provisions of this Section by § 52109 of this Chapter) to affix to said buildings, in the manner prescribed by rules and regulations of the Department, the street address numb…

Such assigned numbers need not be affixed to premises used exclusively for religious purposes for which numbers have been assigned under the provisions of this Chapter. SOURCE: GC § 10208 added by P.L. 4-81. ---------- COL120106

As used in this Chapter (a) Department means the Department of Public Works. (b) Director means the Director of Public Works. (c) Roadway, highway, road, or street (hereinafter “roadway”) means all or any part of the entire width of right of way, whether or not such entire area i…

(a) The Department may issue written permits, as provided in this Chapter, authorizing the permittee to do any of the following acts: (1) Making an opening or excavation for any purpose in a highway. (2) Place, change or renew an encroachment. (3) Place or display in, under, or o…

COL10312014 Any permit issued under the provisions of this Chapter shall provide that the permittee will pay the entire expense of restoring the highway to the department standard for repairs made to a permitted encroachment, and may provide such other conditions as to the locati…

The Department may, but is not required to, supervise any work done under any permit issued under the provisions of this Chapter, in which event, the permittee shall pay the reasonable cost of such supervision to the Department, except to the extent that there are federal funds a…

(a) All applications for excavation of a roadway shall have a schedule of work that sets the timeline of construction or work events, and deadline when the roadway will be restored to its original condition or better. The contractor or public agency shall be required to close the…

Except as otherwise provided in § 53108 of this Chapter, notice shall be given to the owner, occupant, or person in possession of the encroachment, or to any other person causing or suffering the en- croachment to exist, by serving upon any such person a notice containing a deman…

The Department may immediately remove from any highway any encroachment which: (a) Is not removed prior to the expiration of five days from and after the service of notice. (b) Obstructs or prevents the use of the highway by the public. (c) Consists of refuse. (d) Is an advertisi…

The Department may remove any encroachment on the failure of the owner to comply with the notice provided for in this Chapter. The owner shall be liable for all expenses of such removal and in addition thereto, the sum of Fifty Dollars ($50.00) for each day such encroachment rema…

Funded Highway/Road Projects. Notwithstanding any other provision of law, the cost to relocate any permitted encroachments as defined in this Chapter shall be paid for by federal funds when authorized by the grantor of federal funds pursuant to 5 GCA § 54107, except to the extent…

All fines generated by this Chapter shall be deposited in a special account known as the Public Rights-Of-Way Account of the Territorial Highway Fund, and any interest derived shall remain in the Fund. The Director of the Department of Public Works is authorized to use revenues i…

(a) There is created a Highway Commission. (b) Membership. The Commission shall consist of the Director of Public Works, ex officio, who shall be chairman, and four members appointed by the Governor by and with the advice and consent of the Legislature. The appointed members shal…

(a) For the purpose of securing the for the entire Territory proper maintenance and construction of existing highways, including roads and city and village streets and for implementing all highway-safety related plans, programs and projects, there is hereby established a fund to …

Consistent with the Governor’s Highway Safety Representative and Office of Highway Safety policies and procedures of the U.S. Department of Transportation, there is hereby assigned the Director of COL12302011 Public Works to be the Governor’s designate as the Highway Safety Repre…

There is hereby established within the Department of Public Works the Office of Highway Safety to be staffed by officers and employees of the Department assigned by the Director of Public Works. The Office of Highway Safety shall assist the Director of Public Works in all functio…

(a) Inclusion of bicycle lanes and pedestrian ways shall be part and parcel of the planning, development, construction, reconstruction or other change of transportation facilities, plans, programs of primary and secondary roads on Guam. (b) Notwithstanding the provisions of parag…

To the extent that business/residential/traffic mitigation costs are authorized or allowed by the grantor of federal funds for highway/road projects, the Department of Public Works shall allocate a sufficient portion of such federal funds for mitigation expenses related to such h…

Expenses. To the extent that utilities relocation costs are authorized or allowed by the grantor of federal funds for highway/road projects, the Department of Public Works shall allocate a sufficient portion of such federal funds for utilities relocation expenses related to such …

The Department of Public Works shall submit a report to the Speaker of I Liheslatura, I Maga'lahi, the Office of Public Accountability, the Office of Finance and Budget, and the Public Utilities Commission of all utility relocation costs that are authorized or allowed by the gran…

Construction Projects. For every major road construction project initiated by the Department of Public Works (DPW) on and after October 1, 2011, DPW shall consider and, where feasible in its judgment, ensure that such road construction work is performed no earlier than eight o’cl…