CONTRACTORS LICENSE BOARD Inetnon Malisensiayen Kontratista

542 North Marine Corp Drive A. Tamuning. Guam 96913 649-221 I, 649-96 76, 649-22 l 0( Fax)

EDDIE BAZA CALVO GOVERNOR

RAY TENORIO LIEUTENANT GOVERNOR

June 6, 2013

MEMORANDUM

To:

From:

Honorable Judith Won Pat Speaker 32°d Guam Legislature 155 Hesler Place Hagatna, Guam 96910

Eduardo Ordonez ~ h Executive Director'-"_~

EDUARDO R. ORDONEZ EXECUTIVE DIRECTOR

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Subject: §8113 .1, Section 38, Reporting Requirements for Boards and Commissions

Pursuant to Public Law 31-233, §8113.1, Section 38, Chapter 8 of Title 5 Guam Code Annotated, transmitted herewith are copies of the Contractors License Board's meeting agenda to include attachments for May 22, 2013 and approved minutes for March 20, 2013.

Should you have any questions, please contact the office at 649-2211.

Thank you.

Contractors License Board Guahan Manlisensiayen Kontratista

Government of Guam 542 N. Marine Corp.-.A Tamuning, Guam 96911; 649-967612211 (Fax) 649-2210

I. Call to Order

11. Roll Call

Regular Board Meeting May 22, 2013

CLB Conference Room

AGENDA

llI. Approval of Minutes for March 20, 2013

IV. Public Comment

V. Executive Director's Report A. Case #2010-08-06 (James Ji)

VI. \Vork Assignments- Matrix updated from Administration and Investigation Section.

Vll. Investigation Report A. Case #2008-11-06 M2P, Inc. vs Rong chang Company, Limited,

Inc. (RME- Charles YongWang)

VIII. Old Business A. Case #2009-05-07 (CLB vs DCK Pacific, LLC)

1. AG's Recommendation B. Election of Board Officers-Tabled C. RME License Ref: Cynthia S. Decastro D. Case #2008-11-06 (M2P vs Rong Chang/Charles Wang-RME)

IX. New Business A. RME Test Score to be changed from 4 years to 2 years

X. Executive Session

XI. Announcement-Next Regular Scheduled Meeting, June 19, 2013, 5:30pm, CLB Conference Room

XII. Adjournment

E[!Dll£ BAZA CAL\O GOVERNOR

RAY TEl\ORlO LIEUTENANT GOVERNOR

Date: February

1izetnp11.)vJ4tf'ie11~hi)'~11. ftqlz(r{j#<ita 542 Nmth Marine Corp Qfive A Tami.uiing, Guam 96913

649-22 l I, 649-9676, 649-22 I O(Fax)

2013

To: Contractors Licensing Board

EDUARDO R. OllQO?\EZ EXECUTIVE DiRECrOR

Subject: RE: Recommendation to Pe1·manentlv Revoke the RME and Companv License of Cvnthia De Castro and CHB International

Dear Board Members,

After admitting in Federal Court that Cynthia De Castro (RME) for CHB International that she defrauded the government by using substandard materials for a typhoon shelter project, I humbly recommend that her RME and Company License as a contractor be "permanently revoked".

Any affiliation of Cynthia De Castro as to the contracting industry also is recommended barred from performing any construction activities including any other company that she is licensed as the Responsible 1\Ianagement Employee.

Bas,ed on 21 GCA Real Property Chapter 70 §70116 (a) (2), and (5). (a) The Contractors License Bo~[g n;i.ay revoke any license issued hereunder, or suspend the right of the licensee to use such licenses, orhfftise to renew any such license for: (2) Any dishonest or fraudulent or deceitful act as a c<i ~tor which causes substantial damage to another; (5) Willful disregard of plans or s •..• 2\~ !cations in any material respect \Vithout consent of the O\Vner or duly authorized representative, vJ~ieh is prejudicial to a person pntitled to have the construction project or operation completed in accordance with such plans a11d specifications.

Our agency is just acting upon this case based on Federal Court reports that was published on the Pacific Daily News, January 25, 13.

Thank you.

Re~p~ctfully yours,

j#1w-1f .. Eltdo R. ©rdonez

§ 701J 5. Action on Application.

Within forty-five days after the filing ofa proper application for a license and the payment of the required fees, the Contractors License Board shn!l:

(a) Conduct an investigation of the applicant and in such i1n-estigation may post pertinent infonnation, including, but not limited to, the name and address of the applicant, and if the applicant is associated in any partnership, corporation or other entity, the names, addresses and official capacities of associates; and

(b) Either issue a license to the applicant or else notify the applicant in writing by registered mail of the Board's decision not to grant the license and specifically notify applicant of the right to have a hearing within fifteen ( 15) days from the receipt of the Board's decision. The hearing shall be conducted in accordance with § 7011 7.

~§i~3.QJW!l!1R.e£!Uiiti!Hf, Suspension and Renewal ·~~.~~f!t>:.~~~s»}'.if!.lf

'fif. (a) The £!;l1Jllff~¢1Ql§:~Ul51!'.fl1~~JI?~<il~Qi{ti:ufJ\i~~X\$11U~li11J~h$c:,,'!'§$:1;t~Q suspend the right of the licensee to use such licenses, or

refuse to renev.; any such license for any of the following causes:

( l) Conviction of any felony or misdemeanor involving moral turpitude;

fHs. duly authorized representative, which is to a person entitled to have the construction project llllDlm&mJ\fllmllt:th

{!), · _ or of any politicai subdivision thereof, . ... . .. including any violation of any applicable rule or regulation of the Department of

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CCL 2SC'9

CCL C52

21 GCA REAL PROPERn CH. 70 CO'.\TRACTORS

Public Health, or of any applicable safety or labor law;

(7) Failure to make and keep records showing all contracts, documents, records, receipts and disbursements by a licensee of all hi5-transactions as a contractor for a period of not less than three (3) years after completion of any construction project or operation to \\~hich the records refer or to permit inspections of such records by the Board;

(8) When the licensee being a co-partnership or a joint venture permits any member of such co-partnership or joint venture who does not hold a license to actively participate in the contracting business thereof;

(9) When the licensee being a corporation permits any officer or employee of such corporation who does not hold a license to ha Ye the direct management of the contracting business thereof;

(l 0) Misrepresentation of a material fact by an applicant in obtaining a license;

™lllfoLtail1Jt~;j11~f}!l~,~~n§l.t2ri1tlf~E~~<Jl~i1llP)~d r the rules and regulations promulgated pursua11t thereto; ,

( 13) Willful failure or refusal to prosecute a project or operation to completion with reasonable diligence;

(14) \Villful failure to pay when due a debt incurred for services of materials rendered or purchased in cmrnection with his-operations as a contractor when the individual has the ability to pay or when the individual has received sufficient funds therefor as payment for the particular operation for which the services or materials were rendered or purchased;

( 15) The false denial of any debt due or the rnlidity of the claim therefor with intent to secure for licensee, employer or other person, any discount of such debt or with intent to hinder, delay or defraud the person to whom such debt is due;

(16) Failure to secure or maintain workmen's compensation msurance;

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Contractor's License Board Guahan Manlisensiayen Kontratista

Government of Guam 542 N. ,Uarine Corp.-.A Tamunillg, Guam 96913; 649-967612211 (Fax) 649-2110

Regular Board Meeting CLB Conference Room, Upper Tumon

Minutes of: March 20, 2013

I. CALL TO ORDER The regular Board meeting for Board of Directors of Guam Contractors License Board was called to order at 5:54 p.m. by Vice Chair, Marian Pizano.

II. ROLL CALL Present for the meeting, constituting a quorum were: Marian Pizano, Vice Chair (MP) Reilly Ridgell, Member (RR) Christopher Camacho, Member (CC) Vince Won Pat, Representative for DPW (VW)

Board Member Absent Richard Quiambao, Board Chair

CLB Staff Present Eduardo Ordonez (Executive Director) Eduardo Zapanta (Investigator Supervisor) Maria Perez (Administrative Officer) Margaret Guenero (WPS II) Mae Arile (Administrative Aide)

III. Approval of minutes for January 16, 2013 A Motion to approve meeting minutes of January 16, 2013 pending changes to be submitted by 5:00 p.m. Friday, March 22, 2013. Motion was made by Reilly Ridgell, seconded by Christopher Camacho, and approved by all Board members. Motion Carried.

IV. Public Comment - None

V. Executive Director's Report A. Specialty Classification Examination - Executive Director, Eduardo Ordonez stated each exam for specialty classification needs to be explained in detail on how to do the classification. B. R.iVIE Test score to be changed from 4 years to 2yrs. Executive Director, Eduardo Ordonez requesting that test scores be changed from 4 years to 2 years after taking the exam. Board Member, Reilly Ridgell stated this should be under New Business.

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C. RME License ref erence Cynthia S. De Castro Executive Director, Eduardo Ordonez is requesting to permanently revoke Cynthia S. De Castro's RME License. Vice Chair, Marian Pizarro requested to re-track the comi findings as the bases to revoke the RME's license.

VI. Investigators Report A. Case #2008-11-06 (M2P, Inc. vs. Rong Chang Co., Ltd., Inc. /Charles \Vang-RME) Investigator Supervisor, Eduardo Zapanta provided a brief summary of the case. Due to the RME Charles Wang is applying for a new Corporation. Vice Chair, Marian Pizarro stated the application will be put aside pending to submit documents regarding the bankruptcy.

VII. Old Business A. Case #2009-05-07 (CLB vs. DCK Pacific, LLC)

1. AG's Recommendation On February 20, 2013 received a response through email from Attorney David Highsmith. Vice Chair, Marian Pizarro stated pending an official letter from the Attorney General. Board Member, Reilly Ridgell stated the AG still has not responded to the question he had regarding his findings that was contradictory.

B. Work Assignments Matrix updates from Administration and Investigation Section. 1. Administration Section Administrative Officer, Maria Perez provided updates for

January 2013 regarding Dividing Renewal Dates; Update of Website; Update of Examination; Re-Certification of Contractors; Unlicensed Misdemeanor/Felony and Update of Public Law.

2. Investigation Section - Investigator Supervisor, Ed Zapanta update To propose a centralize computer for the investigation section to use for data info1mation as a centralized file. Kaizen Graphics will be assisting with scanning of documents for record files. Also, recommending for a laptop and projector to present cases during board meetings.

VIII. New Business A. Election of Officers - Tabled

IX. Executive Session None

X. Announcement- Next Regular Scheduled Meeting, April 17, 2013, 5:30p.m. CLB Conference Room.

XI. Adjournment Meeting adjourned at 6:32 p.m.

NOTE: The following report is not intended to be a verbatim transcript of the discussions at the meeting, but is intended to record the significant features of those discussions.

Marian Pizarro, Vice Chair

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