Chapter 50

5 GCA GOVERNMENT OPERATION CH. 50 CONTRACTING FOR PUBLIC WORKS 1 DIVISION 5 PUBLIC WORKS NOTE: Chapter IV of Title XXII of the Government Code, Pu blic Transportation Franchises, has been effectively rep ealed by 12 GCA § 6401. This section, an addition to the law on the Guam Ma ss Transit Authority, stated that the GMTA shall have the exclusive franc hise for public transportation in Guam and that any franchises exis ting at the time of passage -- there were none -- were to be phased out by July 1, 1977. Chapter V of Title XXII of the Government Code, the Water Resources Conservation Act, is found in 10 GCA Chapter 46. Chapters VI and VII of Title XXII of the Government Code, dealing with the Guam Power Authority, are found in 12 GCA Chapter 8 . CHAPTER 50 CONTRACTING FOR PUBLIC WORKS NOTE: The Department of Public Works has been given autho rity to contract with respect to capital improvement and constructio n projects. This authority and the procedures governing its use are found in 5 GCA Chapter 5, Guam Procurement Law. § 50101. Employment of Aliens in Public Works. § 50102. Report of Emergency. § 50103. Record of Citizenship of Worker. § 50104. Penalty for Employing Alien.

in 5 GCA Chapter 5, Guam Procurement Law. § 50101. Employment of Aliens in Public Works. § 50102. Report of Emergency. § 50103. Record of Citizenship of Worker. § 50104. Penalty for Employing Alien. § 50105. Minimum Wage. § 50106. Definitions. § 50107. Public Bids Required. [Repealed] § 50108. Credits for Using Citizens and Permanent R esidents; Amounts. § 50109. Minimum Percentage of Citizens Required fo r Government Contracts. § 50110. Non-Immigrant Temporary Workers. § 50111. Provisions for the Disabled. § 50101. Employment of Aliens in Public Works. No contractor or subcontractor engaged in the const ruction of public works for the government of Guam shall knowingly em ploy, or permit to be employed, any alien in such construction except in cases of COL3720145 GCA GOVERNMENT OPERATION CH. 50 CONTRACTING FOR PUBLIC WORKS 2 extraordinary emergency which endanger life or prop erty, or upon certification by the Employment Service of the Depa rtment of Labor that United States citizens are not available in the Ter ritory of Guam in the craft or skill of employee required. SOURCE: GC § 10001 added by P.L. 5-127. § 50102. Report of Emergency.

ment of Labor that United States citizens are not available in the Ter ritory of Guam in the craft or skill of employee required. SOURCE: GC § 10001 added by P.L. 5-127. § 50102. Report of Emergency. Within thirty days after any alien is permitted to work in the construction of public works due to an extraordinar y emergency, the contractor shall file with the contracting officer of the government a verified report setting forth the nature of the eme rgency, the name of the alien, and such date he was permitted to work. SOURCE: GC § 10001.1 added by P.L. 5-127. § 50103. Record of Citizenship of Worker. Every contractor and subcontractor shall keep an ac curate record showing the name and citizenship of each workman em ployed by him in the construction of public works for the government of Guam. The record shall be kept open at all reasonable hours f or inspection by the contracting officer of the government of Guam. SOURCE: GC § 10001.2 added by P.L. 5-127. § 50104. Penalty for Employing Alien. Any contractor engaged in the construction of publi c works for the government of Guam shall forfeit, as a penalty, to the government of Guam, Ten Dollars for each alien knowingly employed

ing Alien. Any contractor engaged in the construction of publi c 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 subcon tractor, for each calendar day, or portion thereof, during which each such alien is permitted or required to labor in violation of this Chapter. All contracts awarded for the construction of public works shall contain provisions for such forfeiture. SOURCE: GC § 10001.3 added by P.L. 5-127. § 50105. Minimum Wage. All contracts executed by the government of Guam fo r the construc- tion of public works shall provide that persons emp loyed thereon shall be paid not less than the minimum wage applicable to t he corresponding skill or craft in the service of the government of Guam. COL3720145 GCA GOVERNMENT OPERATION CH. 50 CONTRACTING FOR PUBLIC WORKS 3 SOURCE: GC § 10001.4 added by P.L. 5-127. § 50106. Definitions. For purposes of this Chapter the term construction of public works shall mean and include work performed pursuant to c ontract for the erection, maintenance, rehabilitation, repair, or d emolition of any public

s of this Chapter the term construction of public works shall mean and include work performed pursuant to c ontract for the erection, maintenance, rehabilitation, repair, or d emolition of any public building, roadway, or any public facility. The term alien shall not include permanent residents of the United States or immigra nt aliens eligible for United States citizenship. The term total workforce shall include only the full-time employees of the prime contractor and all subcontractors engaged by said prime contractor. SOURCE: GC § 10001.5 added by P.L. 5-127; amended by P.L. 1 4-8:1. § 50107. Public Bids Required. [Repealed.] SOURCE: GC § 10001.6 added by P.L. 5-127; amended by P.L. 1 0-150; repealed by P.L. 17-9 to conform with the Guam Procurement L aw (5 GCA Chapter 5). § 50108. Credits for Using Citizens and Permanent R esidents; Amounts. (a) In order to induce contractors to hire more Uni ted States citizens and permanent residents and to encourage training a nd apprenticeship programs, all bids submitted for government of Guam public works contracts, including service contracts, shall be ad justed in accordance with the following schedule: (1) A bid credit of 2 2% for

hip programs, all bids submitted for government of Guam public works contracts, including service contracts, shall be ad justed in accordance with the following schedule: (1) A bid credit of 2 2% for that bidder which has and maintains throughout the term of the contract a tot al workforce of which no less than 25% are citizens or permanent re sidents of the United States; (2) A bid credit of 5% for that bidder which has an d maintains throughout the term of the contract a total workfor ce of which no less than 30% are citizens or permanent residents o f the United States; (3) A bid credit of 10% for that bidder which has a nd maintains throughout the term of the contract a total workfor ce of which no less than 40% are citizens or permanent residents o f the United States. COL3720145 GCA GOVERNMENT OPERATION CH. 50 CONTRACTING FOR PUBLIC WORKS 4 (b) To be eligible to participate in the above desc ribed credit system the bidder must have in force and effect a training and apprenticeship program to train local employees. All H-2 workers e mployed by any bidder must upon entering Guam be able to pass an E nglish Proficiency Examination in both writing and verbal skills.

apprenticeship program to train local employees. All H-2 workers e mployed by any bidder must upon entering Guam be able to pass an E nglish Proficiency Examination in both writing and verbal skills. The standard for this requirement is recommended as Grade Level 3. (c) The Department of Labor shall certify to the ag ency awarding a contract as to the percentage of citizen and perman ent resident employees of the bidder and their subcontractors an d shall monitor performance of such contract by the bidder and its subcontractors awarded the same to make certain that the percentag e of such employees upon which the bid was awarded is maintained for th e full term of the contract. If at any time during the term of the con tract the percentage of citizens and permanent residents in the total workf orce is less than the percentage which was required for the award of a bi d credit pursuant to subsection (a) of this section, amounts payable und er said contract shall be reduced by the amount of the bid credit which th e contractor was awarded; provided, that, said reduction shall be of fset by the amount of bid credit said contractor would be entitled to by virtue his employment of

mount of the bid credit which th e contractor was awarded; provided, that, said reduction shall be of fset by the amount of bid credit said contractor would be entitled to by virtue his employment of citizens or permanent residents within the total workforce. (d) The Director of Labor is authorized to issue ru les, pursuant to the provisions of the Administrative Adjudication L aw [5 GCA Chapter 9], to carry out the provisions of this Section and of 50109 of this Chapter. SOURCE: GC § 10001.7 added by P.L. 14-8:2. COMMENT: Sections 1 and 2 of P.L. 14-8 (§§ 50106 and 50108 o f this Chapter) were declared contrary to the U.S. Constitution and Organic Act for a variety of reasons. The Superior Court (the case was never app ealed) also ruled that the Legislature could, if it desired, write a law which would encourage local employment but not infringe upon federal powers. Hawaiian Dredging & Construction Corp. et. al v. Guam Airport Authority et. al , 2 Guam R. 116 (1980). § 50106 read, before amendment by P.L. 14-8: '§ 50106. Definitions. For purposes of this Chapter the term construction of public works shall mean and include work performed pursuant to contract for the erection,

, before amendment by P.L. 14-8: '§ 50106. Definitions. 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 o ther public facility. The term alien shall not include permanent resident s of the United States or immigrant aliens eligible for United Stat es citizenship.' [Added by P.L. 5-127.] COL3720145 GCA GOVERNMENT OPERATION CH. 50 CONTRACTING FOR PUBLIC WORKS 5 § 50109. Minimum Percentage of Citizens Required fo r Government Contracts. No contract for the construction of public works or for services shall be awarded by the government of Guam unless the con tractor has, and throughout the term of the contract, maintains a to tal workforce of which no less than 40% are citizens or permanent resident s of the United States. SOURCE: GC § 10001.8 added by P.L. 13-142:3; amended by P.L . 15-66:VI:25. § 50110. Non-Immigrant Temporary Workers. (GC §§ 44017-44022, passed by P.L. 18-48:3-8, and a mended extensively through the 21st Guam Legislature, requ ires mandatory registration, repatriation guaranty

110. Non-Immigrant Temporary Workers. (GC §§ 44017-44022, passed by P.L. 18-48:3-8, and a mended extensively through the 21st Guam Legislature, requ ires mandatory registration, repatriation guaranty performance and payment bonds, and certain other regulations governing non-immigrant w orkers.) § 50111. Provisions for Persons with Disabilities. (a) All buildings parking lots, walks and recreatio nal facilities hereafter constructed by or for the government of G uam intended for the use of the general public shall be designed and con structed in such manner as to permit persons with disabilities who u se wheelchairs or are otherwise of limited mobility ready access to such buildings, parking lots, walks, recreational facilities and to all par ts thereof open to the general public. All public buildings, parking lots, walks, and recreational facilities now in use by the general public shall b e modified, insofar as is possible and practicable to permit ready access by persons with disabilities, and in leasing buildings for public u se, priority shall be given to those structures where access to public areas by persons with disabilities is provided.

ready access by persons with disabilities, and in leasing buildings for public u se, priority shall be given to those structures where access to public areas by persons with disabilities is provided. All modifications and co nstruction shall follow existing federal guidelines regarding access by per sons with disabilities. (b) The Director of DPW shall designate, by use of the International Symbol of Accessibility, parking areas which are to be used by persons with disabilities. Such spaces shall also carry a designation that illegal parking carries a fine of not less than Three Hundr ed Dollars ($300) and not more than Five Hundred Dollars ($500), and that an illegally parked vehicle may be towed. In designating parking areas for persons with disabilities, the Director of DPW and the Departmen t shall coordinate its activities with the various departments, agencies, boards, and authorities of the government to insure the reasonable allocati on of accessible parking areas for persons with disabilities. COL3720145 GCA GOVERNMENT OPERATION CH. 50 CONTRACTING FOR PUBLIC WORKS 6 (c) A Fund to be known as the Accessible Parking Fu nd (Fund) is hereby re-enacted and will continue to be

with disabilities. COL3720145 GCA GOVERNMENT OPERATION CH. 50 CONTRACTING FOR PUBLIC WORKS 6 (c) A Fund to be known as the Accessible Parking Fu nd (Fund) is hereby re-enacted and will continue to be separate and apart from any other fund of the government of Guam. The Departmen t of Integrated Services for Individuals with Disabilities shall ma intain the Fund, and shall utilize the Fund for the purpose of ensuring community awareness regarding parking issues for individuals with disab ilities, which shall include the monitoring and compliance for the provi sion of accessible parking for individuals with disabilities. SOURCE: GC § 10001.7 added by P.L. 10-20; renumbered to § 1 0001.9 by P.L. 14-8:3, amended by P.L. 17-59:1; amended by P.L. 18 -28:6. Amended by P.L. 23- 11:5 (04/26/95). Subsection (c) amended by P.L. 24: 16:4; repealed by P.L. 28- 130:5:(b) (July 11, 2006); added by P.L. 28-150:V:6 1 (Sept. 30, 2006) and P.L. 31- 152:3 (Nov. 21, 2011). CROSS-REFERENCES: 16 GCA § 3491.1 (related Vehicle Code provisions). ---------- COL372014