GCA Construction News Bulletin December 2016

Page 1

VOL. 57 ISSUE 12 DECEMBER 2016 • GUAM CONTRACTORSʼ ASSOCIATION

Building Opportunities for Girls



NOTHING DOWN. EVERYTHING TO GAIN.

SKIP 4 PAYMENTS 0% ZERO DOWN WHEN YOU BUY A NEW CAT MACHINE. FINANCING FOR 48 MONTHS,

®

+ BONUS EQUIPMENT PROTECTION PLAN* Working hard and saving big has never been easier. Hawthorne Cat will ensure that you’ve got the right machine with the protection you need for your next job. Receive 0% financing for 48 months with zero down and skip up to four payments when you finance a new Cat machine by January 31, 2017*. This offer also includes a complimentary equipment protection plan. Contact your Hawthorne Cat Sales Representative for complete offer details.

Choose Your Machine

Bonus Equipment Protection Plan

Skid Steer Loaders, Multi Terrain Loaders, Compact Track Loaders, Compact Wheel Loaders, Mini Hydraulic Excavators

3 Year / 1,500 Hour Powertrain

Backhoe Loaders, Small Wheel Loaders, Small Track-Type Tractors, Telehandlers

3 Year / 3,000 Hour Powertrain

*Offer valid from October 1, 2016 to January 31, 2017 on select new models of machines manufactured by Caterpillar Inc. Building Construction Products Division. Offer available only at Hawthorne Cat. Offer is available to customers in the USA and cannot be combined with any other offers. Customer skip payments, financing and published rate are subject to credit approval through Cat Financial. Offer subject to machine availability. Final machine prices are subject to change. The Equipment Protection Plan (EPP) applies to select models and is provided through Cat Financial for use at Hawthorne Cat. Offer may change without prior notice and additional terms and conditions may apply.

800.437.4228 671.649.4228

www.hawthornecat.com www.hawthornecat.com

© 2016 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, BUILT FOR IT, their respective logos, “Caterpillar Yellow,” the “Power Edge” trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.

© 2016 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, BUILT FOR IT, their respective logos, “Caterpillar Yellow,” the “Power Edge” trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.


TABLE OF CONTENTS

6

CONSTRUCTION NEWS BULLETIN

Like Us On Facebook

16

S.A.M.E.

10

INSIDER NEWS

16

FEATURE STORY

22

PHOTO HIGHLIGHTS

26

NAWIC NEWS

28

CONSTRUCTION HEADLINE

32

REPORTS/INFORMATION

Feature Story

26 NAWIC News

Chamorro Ph rase Of Th e M o n th Fino Chamorro: English:

2 | DECEMBER2016

Magof Nochebuena! Merry Christmas! www.guamcontractors.org



EDITORIALS

CONSTRUCTION NEWS BULLETIN

Like Us On Facebook

THEDIRECTORS

THEEDITORIALS

THETEAM

PRESIDENT James A. Martinez Guam Constractors’ Association

Guam Contractors’ Association (GCA) in conjunction with Adztech and Public Relations, Inc. publishes the Construction News Bulletin (CNB) monthly. Reproduction of materials appearing in this publication is strictly forbidden without written permission by GCA.

PUBLISHER: James Martinez

PAST CHAIRMAN John Sage WATTS Constructors CHAIRMAN William Beery Tutujan Hill Group VICE CHAIRMAN Conchita Bathan Core Tech International SECRETARY/TREASURER John Robertson AmOrient Contracting CONTRACTORS DIRECTORS: Joe Roberto East Island Tinting Mark Mamczarz Black Construction Corp Peter Errett Hawaiian Rock Products Jessica Barrett Barrett Plumbing Rick Brown Pernix Guam LLC ASSOCIATE DIRECTORS: Jeffrey Larson TakeCare Asia Pacific Camilo Lorenzo Matson Navigation Patty Lizama Pacific Isla Life Mark Cruz Mid Pac Far East

GCA

While we always strive for accuracy, we will from time to time overlook mistakes. In order to help us improve the quality and accuracy of this publication, we ask that you take the time to look at the information provided and notify GCA or Adztech of any corrections as needed. Opinions and editorial content of this publication may not necessarily be those of the publisher, production team, staff, GCA members, GCA Board of Directors and advertisers. For more information about advertising in the GCA Construction News Bulletin contact the advertising department at (671) 477-1239/2239 or email at adztech@teleguam.net. Distributed to GCA members or can be obtained by stopping by the Guam Contractors’ Association office located at 718 N. Marine Corps Drive, Suite 203, East West Business Center, Upper Tumon, Guam. To find out more about how you can become a GCA member contact Guam Contractors’ Association at Tel: (671)647-4840/41 Fax: (671) 647-4866 or Email: gca@teleguam.net. www.guamcontractors.org

PRODUCTION TEAM LEAD: Geri Leon Guerrero AD SALES: Jaceth Duenas PRODUCTION: Geri Leon Guerrero Christopher “Taco” Rowland Jaceth Duenas Jason Davis PHOTOGRAPHERS: Christopher “Taco” Rowland Geri Leon Guerrero EDITOR: Adztech CONTRIBUTING WRITERS: John Robertson R.D. Gibson Shierly Caceres GCA STAFF: Desiree Lizama Elaine Gogue COVER: Anastasia Gauthier PPPT Winner

Postmaster. Send address changes to Guam Contractors’ Association, located at 718 N. Marine Drive Corps Suite 203, East West Business Center, Upper Tumon, Guam.

TRADES ACADEMY B u i l d i n g

S k i l l s

F o r

A

L i f e t i m e

Guam Contractors Association

4 | DECEMBER2016

www.guamcontractors.org


Onsite Diesel Ad GCA 25yrs.qxp_Layout 1 4/02/2015 6:17 pm Page 1

ON-SITE DIESEL DELIVERY • Diesel at Pump Prices • Reliable Six-Truck Fleet • Professional Drivers • 24-Hour Delivery (After Typhoons)

Our convenient service saves you time and money! Don’t wait for a typhoon to hit!

CALL NOW 649-1966

www.morricoequipment.com


S.A.M.E. UPDATE

CONSTRUCTION NEWS BULLETIN

Like Us On Facebook

GENERAL MEMBERSHIP MEETING October & November 2016

LTJG Randy Olaes, CEC, USN, shared his experience as a engineer Ove Arup. Below: Capt Daniel Calvario, USAF 36th CES, spoke about the role of the CES regarding explosive ordnance disposal on Guam.

Above: presented “Broken Window Theory of Crime” and discussed the ary build-up on Guam and the CNMI. Right: ember was by LCDR Sarah Graham, P.E., U.S. Coast Guard Sector Guam Log Dr. Speakers for October and November

n November 17th at the Outrigger Guam Resort. Mr. Al Sampson highlighted the importance of the SAME Awards Program. The nomin are open, further inThank you to all the speakers for 2016.

ANNOUNCEMENTS • Engineers Week: February 19—26th, 2017 • Charlie Corn Golf Tournament—May 13th, 2017 • contact SAME

Seasons Greetings & Happy New Year!

or log www.SAME.org SAME Guam SAME Guam PostPost or log on on to to www.SAME.org & click on “Membership” at the top of the Home Page 6 | DECEMBER2016

www.guamcontractors.org


Like Us On Facebook

CONSTRUCTION NEWS BULLETIN

S.A.M.E. UPDATE

US COAST GUARD

SECTOR GUAM

The U.S. Coast Guard has maintained a presence in Guam since 1898 when Guam became a U.S. Territory. The Lighthouse Service com-

Below: A Comparison of the extent of the Area of Responsibility

staff members. Missions for Sector Guam include: - Search and Rescue - Ports, Waterways, & Coastal Security (PWCS) - Marine Safety -

(AMIO) - Counter Drug - Waterways Management (ATON) ROLES AND RESPONSIBILITIES CAPTAIN OF THE PORT (COTP): Responsibility of zone. SEARCH AND RESCUE MISSION COORDINATOR (SMC): Authority to assign and carry out all asthe response to a SAR incident within the designated SRR. FEDERAL ON-SCENE COORDINATOR (FOSC): Federal official pre-designated by US EPA and USCG discharges and releases of HAZMAT and oil. FEDERAL MARITIME SECURITY COORDINATOR (FMSC): The authority to establish, convene, and (AMSC) to coordinate security for the port and its OFFICER IN CHARGE MARINE INSPECTION (OCMI): s of vessels to determine that they comply with applicable laws and port facility safety inenforcement of seamen’s laws in general. www.guamcontractors.org

The Sector Command Center is responsible for Search and Rescue Planning within most of the CNMI, Guam, the Federated States of Micronesia, and most of the Republic of Palau - an area of approximately 2 million square NM. vided courtesy of USCG. DECEMBER2016 | 7



Carbon fiber laminate is the future of lean repair.

Put Simpson Strong-Tie to work on your strengthening project. Simpson Strong-Tie is here to help you with your next structural reinforcement project. Our code-listed fiber-reinforced polymer (FRP) system features carbon and E-glass fabrics, and North America’s only code-listed precured laminate. Our laminate requires minimal on-site preparation for a fast, easy and cost-effective installation. Training and field support are provided at no cost. Learn more about our North American stocked line of Composite Strengthening Systems™ at strongtie.com/css. And call us about your project at (800) 999-5099. To speak with a Simpson Strong-Tie representative in Guam, call (671) 689-6201.

©2017

SSTM-FRP16C_7_1-2x10.indd 1

Simpson Strong-Tie Company Inc. FRP16

11/29/16 7:24 AM


INSIDER NEWS

CONSTRUCTION NEWS BULLETIN

Like Us On Facebook

THE GUAM WORKFORCE CRISIS CONTINUES

businesses. businesses. We needWe notneed wait not much wait much The Senate The bill Senate contained bill contained no similar no similar longer. longer. Meanwhile, Meanwhile, we have we our have provision. our provision. The House Therecedes House recedes continuing continuing workforce workforce crisis tocrisis deal to deal with. with. The conferees The conferees direct the direct Secretary the Secretary of of the Navythe to Navy submit to asubmit reportatoreport the to the Update Update on The on FY The 2017FYNational 2017 National Committees Committees on Armed on Services Armed Services of of DefenseDefense Authorization Authorization Act (NDAA) Act (NDAA) the Senate the Senate and theandHouse the House of of Congresswoman Congresswoman Madeleine Madeleine Z. Representatives Z. Representatives and the Committees and the Committees BordalloBordallo and her and staff her crafted staff crafted on the Judiciary on the Judiciary of the Senate of theand Senate the and the languagelanguage for insertion for insertion in the FY17 in the FY17 House of House Representatives of Representatives no laterno later NDAA that NDAA would thathave would provided have provided for than for April than1, April 2017,1, regarding 2017, regarding the the By John M. Robertson H-2B workers H-2B workers to be employed to be employed on impacts on impacts the current the current H-2B visa H-2B visa Military Military Projects Projects in Guam. in This Guam. wasThis program was program and renewal and renewal process process have have There have There been have behind been the behind scenes the scenes expectedexpected to provide to some provide relief some from relief on fromthe on relocation the relocation of U.S. ofMarine U.S. Marine action over action theover pastthe three pastmonths three months June 2017 Junegoing 2017 forward. going forward. It was It forces was toforces Guam...” to Guam...” toward resolution toward resolution of the H-2B of thevisa H-2Blearned visa learned on 30 November on 30 November that thisthat this issue and issue success and success appears appears possiblepossible provisionprovision was disallowed. was disallowed. MatthewMatthew Assistance Assistance from from Associated Associated but not without but not awithout continuing a continuing fight. Thefight.Herrmann, The Herrmann, the Congresswoman’s the Congresswoman’s BuildersBuilders and Contractors and Contractors (ABC) (ABC) battle isbattle beingis fought being on fought multiple on multiple Chief of Chief Staff advised of Staff advised that: “This that: was “ThisThe wasGuam The Contractors Guam Contractors Association Association is is fronts, asfronts, described as described below. The below. most The an most issuean that issue wasthat fought wasup fought until up the untilaffiliated the affiliated with the Associated with the Associated Builders Builders hopeful hopeful being the being Class theAction Class suit Actionend suitbecause end because of its importance of its importance but we but and weContractors and Contractors as the ABC as the Chapter ABC Chapter brought brought against against the U.S.theAttorney U.S. Attorney had strong hadresistance strong resistance from the from Senate the Senate in Guam.inThat Guam. organization, That organization, based inbased in General,General, the Secretary the Secretary of Homeland of Homeland JudiciaryJudiciary Committee Committee Majority.Majority. The Washington, The Washington, DC has DC been has helpful been inhelpful in Security Security and the and Director the Director of the U.S. of thelanguage U.S. language can’t getcan’t reinstated get reinstated in this inthe thispastthe withpast lobbying with lobbying efforts. Their efforts. Their Citizenship Citizenship and and Naturalization Naturalization year’s bill year’s but we bill have but we a window have a window of Legislative of Legislative Affairs Affairs Director Director was was ServicesServices opportunity opportunity with nextwith year’s next bill.” year’s bill.” contacted contacted again inagain relation in relation to the to the . . H-2B issue H-2B inissue Guamin and Guam quickly and quickly With the With pending the pending change change in Thein FY2017 The FY2017 NDAA NDAA Conference Conference learned that learned construction that construction contractors contractors administration administration in Washington in Washington DC, one DC,Committee one Committee Report Report includedincluded the and the others and in others CONUS in CONUS are having are having would would hope that hope the that outgoing the outgoing followingfollowing statement statement on pageon 2625 page of 2625 similar of difficulties similar difficulties in securing in securing H-2B H-2B Democrat Democrat leadership leadership would want would to want to 3076: 3076: visas for visas skilled for and skilledsemi-skilled and semi-skilled bring resolution bring resolution to this to matter this matter workers.workers. They have Theysethave up a settask up a task themselves themselves rather than rather hand than it off hand to it off to “Workforce “Workforce issues for issues relocation for relocation of force of titled force “H-2B titled “H-2B WORKFORCE WORKFORCE the the incomingincoming Republican Republican marines marines to Guamto Guam COALITION” COALITION” with the with slogan the slogan administration. administration. Wishful thinking Wishful thinking that is that is “Protecting “Protecting AmericanAmerican Workers Workers not bankable. not bankable. One imponderable One imponderable is TheisHouse The amendment House amendment contained contained a Through a Through a Stable a Stable and Reliable and Reliable concern concern over what over position what position PresidentPresident provisionprovision (sec. 1098H) (sec. 1098H) that would that would SeasonalSeasonal Workforce” Workforce” see see Elect Donald Elect Trump Donaldwill Trump take will when take hewhen he thegrant grant U.S. the Citizenship U.S. Citizenship Immigration Immigration www.h2bworkforcecoalition.com. www.h2bworkforcecoalition.com. is swornisin.sworn He has in. spoken He has out spoken for aout Services for a Services flexibilityflexibility to approve to approve H-2B H-2B This coalition This coalition has more has than more40than 40 strong military strong but military on the butother on the hand, other hand, visa application visa application renewalsrenewals for National for National Association Association membersmembers he is intent he is on intent providing on providing jobs forjobs for contractors contractors performing performing work on Guam work on Guam includingincluding ABC, AGC ABC, ofAGC America, of America, Americans Americans first and first wants and new wants for new the duration for the duration of the construction of the construction Forest Forest Resources Resources Association, Association, restrictions restrictions on immigration. on immigration. However,However, plans supporting plans supporting the realignment the realignment of National of National Restaurant Restaurant Association, Association, he uses he H-2B usesworkers H-2B workers in his Trump in his Trump U.S. Marines U.S. Marines to Guam.to Guam. AmericanAmerican Immigration Immigration LawyersLawyers

10 | DECEMBER2016

www.guamcontractors.org


Like Us On Facebook

CONSTRUCTION NEWS BULLETIN

INSIDER NEWS

Association, the American Association, the American ChamberChamber and honest. Based of the Law Joseph Law PC in Aurora, positive, positive, and honest. Based on the on the of the Joseph Firm, PCFirm, in Aurora, of Commerce amongAothers. of Commerce among others. listing A listing bothagree parties agree Colorado, is representing thebothcall, parties that this that is anthis is an Colorado, who is who representing the call, of regional organizations and Guam of regional organizations and Guam APA (Administrative Procedures Act) Resolution Task Force, APA (Administrative Procedures Act) Resolution Task Force, H-2B employers 25 individualindividual H-2B employers fills 25 fills claim theofreview of the court the following update 12 and claim that and the that review the court providedprovided the following update on 12 on pages. Their lobbying pages. Their lobbying effort is effort being is being will beon based on thethat record December: will be based the record wasthat was December: by “D.C. and led byled “D.C. LobbyingLobbying and previously before the agency. previously before the agency. There There Government Services” see complaint Government RelationsRelations Services” – see –“The should be areason large reason for “The complaint been the not should be not a large for has beenhas filed andfiled the and www.dclrs.com. Those participating www.dclrs.com. Those participating outside discovery, depositions, government’s the discovery, depositions, etc. I etc. I government’s responseresponse to theto outside associations and businesses each complaint associations and businesses are eacharecomplaint did, however, due January 2017. however, indicate indicate to the to the is due is January 6, 2017.6, did, big bucks for being paying paying big bucks for being government, thatgovernment if the government Additionally, the preliminary injunction government, that if the Additionally, the preliminary injunction represented suchlobbying a DC lobbying represented by such by a DC takes the position thisa is not a been fully by briefed both sides. takes the position that thisthat is not has beenhas fully briefed both by sides. 30 November, the The H-2B firm. Onfirm. 30 On November, the H-2B new interpretation agency interpretation The Court has scheduled hearing onagency new or policy,orI policy, I Court has scheduled a hearinga on Workforce put outtoa call Workforce CoalitionCoalition put out a call be requesting discovery the preliminary injunction asawellwould as a bewould requesting discovery on any on any the to preliminary injunction as well as their members to letters submit to letters to scheduling their members to submit guidance,policy policy hearing for January at internalguidance, internal scheduling hearing for January 17th at 17th their Senators and Representatives in I will their Senators and Representatives in 9 AM. or training 9 AM. plan on Guam the memorandums, memorandums, or training materialsmaterials planI will on flying to flying Guamto the Washington in resolving their Thursday Washington to assistto in assist resolving their Thursday to temporary need Fridaybecause before because it related to temporary need and or and or or Fridayorbefore it related issue withvisas. H-2BThe visas. The opening issue with H-2B opening time occurrence. winter here in and Denver, are peak-load/one peak-load/one time occurrence. I also I also is winter ishere in Denver, thereand arethere paragraph theirreads letter as reads as weather paragraph in their inletter mayanhire an often weather related cancellations. I indicated that wethatmaywe hire often related cancellations. I indicated follows: follows: to an prepare expert report makethat sure we economist avoid economist to prepare expertanreport want to want maketo sure we that avoid on theofeffect of the on denials delays and be theretoin time on to the effect the denials the on the weather weather delays and be there in time “As representatives small meet and with “As representatives of smallof and Guam andmilitary to the military meet the Plaintiffs to answer economyeconomy of Guamofand to the thewith Plaintiffs to answer employers throughout the questions seasonalseasonal employers throughout the questions did not understand the and prepare. build‐up.build‐up. They didThey not understand the and prepare. H-2B Workforce country, country, the H-2Bthe Workforce CoalitionCoalition relevance and I explained it goes to relevance and I explained it goes to urgesto you to reinstate the We H-2Bare We urges you reinstate the H-2B both standing file the injury lawsuit, injury very confident bothisstanding to file thetolawsuit, veryare confident the casetheis case exemption the moving returningreturning worker worker exemption in the inmoving and prejudice. in thedirection right direction andprejudice. in the right and and continuing resolution that is currently continuing resolution that is currently remain positive in the litigation. remain positive in the litigation. For a For a being drafted and to slated run action being drafted and slated run toclass The government wascandid very candid class lawsuit action and lawsuit and preliminary The government was very preliminary through31. March 31.onBased on historical through March Based historical regarding of their objections to injunction filed in October, regarding some of some their objections to injunction that wasthat filedwas in October, H-2Bdata, usage wethat expect the H-2B usage wedata, expect the that our complaint. They highlighted two case is proceeding a very our rapidcomplaint. They highlighted two this casethis is proceeding at a veryat rapid allocation 33,000 forandpace statutorystatutory allocation of 33,000ofvisas for visas areas in to relation to “Finality”. I am pleased that. areas I also in relation “Finality”. We claimWe claim pace I amand pleased with that.with I also of FY2017 could be that the firstthe halffirst of half FY2017 could be that cases aredifferent at four different think in agood very that goodcases are at four stages stages think we that are we in aarevery the position year. position reached reached by the by endtheof end the of year. before the agency. the litigation. The the agency. on theon litigation. The before Congressional Without Without Congressional action, action, government is in a bind double on a government is in a double on bind a employers in 48 states may be without employers in 48 states may be without Those thatdenied were denied couple major issues. The 1. most Those1. that were before before couple of majorof issues. The most the workforce critical workforce theytoneed to important, the critical they need USCIS and not appealed. is that are claiming USCIS and not appealed. important, is that they arethey claiming These businesses may not operate. operate. These businesses may not be Those are still pending thisa isnew not procedure a new procedure or 2.that are that still pending and at and at thatbethisthat is not or 2. Those able contracts. to fulfill contracts. They be and able to fulfill They could becould RFE. policy this is the wayhave things have RFE. policy this and is the way things to turn away customers, off been. forced toforced turn away customers, lay off lay Those that were appealed always that is the case,3.then Those3.that were appealed to AAO to AAO always If been. that isIfthe case, then American whosearejobsthearedenials American workers workers whose jobs andpending. are still pending. the denials 2015 andare2016 are and are still in 2015 inand 2016 supported H-2B workers, or in arbitrary supported by H-2Bbyworkers, or in arbitrary Those that were appealed and capricious and subject 4. Those4.that were appealed to the to the and capricious and subject shut down some some cases cases shut down their totheir and denied. toIfreview. a new and change and AAO andAAO denied. review. this is Ifa this newischange operations operations entirely.”entirely.” been guidance internal guidance or a there hasthere beenhas internal or a Thetakes agency the position in interpretation, have agency thetakes position that the that the change change in interpretation, we havewe The The situation uniquegood and arguments The situation on GuamonisGuam uniqueisand final cases that for arereview ripe for review good arguments this constitutes only finalonly cases that are ripe that this that constitutes does lendto itself to that joiningrulemaking that rulemaking does not lendnot itself joining arethat those thatdenied were before denied before that have shouldbeen have are beenthose were that should Never is to coalition.coalition. Never the less,the theless, ABCthe is ABC USCIS and not appealed those that subject formal procedures. USCIS and not appealed or those or that subject formaltoprocedures. its influence in lobbying using itsusing influence in lobbying efforts efforts were appealed the and AAO and were appealed to the to AAO of the GCA in Washington. on behalfonofbehalf the GCA in Washington. denied. Our position is appeal that the appeal On November had adenied. very Our position is that the On November 30th, we30th, had we a very to the AAO not destroy productive conference the AAO does notdoes destroy finality finality productive conference call withcall thewithto the on the ClassLawsuit Action Lawsuit Update Update on the Class Action is not mandatory and of Immigration of because because appeal isappeal not mandatory and Office ofOffice Immigration LitigationLitigation out of out Immigration Jeff Joseph, Esq Washington Immigration attorney attorney Jeff Joseph, Esq Washington It is optional. very jurisdictional. It is optional. There isThere is D.C. TheD.C. callThe wascall verywas jurisdictional.

www.guamcontractors.org

DECEMBER2016 | 11


INSIDER NEWS authority for this from the Supreme Court in Darby v. Cisneros. However, what Darby also says is that even if not mandatory to appeal, whether or not the District Court takes jurisdiction is prudential. That means the District Court will determine whether or not it is prudent to take jurisdiction. The government will argue that it is not prudent to take jurisdiction while the administrative appeal is pending. Our response will be that the appeal to the AAO is futile because we have several decisions from the AAO that have already resulted in denial on this issue. However, they are correct that cases at the RFE stage, are not final and we would not win on this issue. I was fairly transparent with them on this and did not disagree. The way I framed this is that if those cases are approved at the RFE stage, we would happily voluntarily dismiss any claims related to those cases. The hope would be that they take that back to the agency and approve those cases to be able to come to court and say they have a record of approvals. If they deny them, they become ripe for review. So, they have asked us to amend the complaint and provide an exhibit that lays out the stage of each petition for each plaintiff in the case. I think this is a reasonable request and we agreed to do this. We will be filing the amended complaint the week of December 12th. The second issue they raised is our claim for relief. They want it more clearly laid out what, exactly, we are asking the court to do. The amended complaint will detail exactly what we are asking the court to do. They then raised the issue of settlement and asked if we had considered what we would be willing to settle for. Again, I was very transparent with them. I explained that settlement is tricky because we cannot just settle to have

12 | DECEMBER2016

CONSTRUCTION NEWS BULLETIN

the current cases approved, because we will be back in the same position next year. They indicated they are willing to take any settlement position to the government for consideration. I also asked if he had spoken to Mikel Schwab about the situation in Guam and how the situation is different than what stateside employers face. He said, yes, I have had many conversations with Mikel as well as many government agencies who have various positions on this issue. That says to me, very loud and clearly, that USCIS is not the only agency driving the ship in this case. That is good. We need to keep up the pressure from the Chambers of Commerce, Department of Interior, Governors’ office and Military. While the collateral work that is being done through delegate Bordallo, the Governors’ office and the lobbyist is also critically important, I do not think that moving legislation through Congress has any prayer after January 20th. It certainly brings visibility to the cause, but will not result in anything positive.” Jeff Joseph Revenue for the H-2B Resolution Trust Fund In September, we put out a request for funding the anticipated legal expense which was then estimated to be $50,000 on the basis that the USCIS would back down once the Class Action was formed and law suit was filed. In response, $45,000 was collected of which all has been paid out or is committed to be paid for attorney fees and related expenses. Also in September, it was noted that if the USCIS did not respond affirmatively to the initial action, the expense would become $100,000 and perhaps more. We now know that the fight is not over and another $50,000 is needed before the end of this calendar year.

Like Us On Facebook

The Guam Contractors Association has paid $10,000 into the fund while the Chamber of Commerce and Employers Council have each contributed $5,000. Hawaiian Rock Products, a firm that does not employ H-2B workers, has contributed $5,000 while all other contributions, with few exceptions, are either $500.00 or $1,000. To date, some major contractors and many firms expected to use H-2B workers are holding back. This is an issue of concern not only to GCA members but other businesses including health care, hotels, restaurants, bakeries, recreational diving, fitness centers, trucking and others. Now is the time to refill the H-2B Trust Fund to cover expenses that will come due in early January. It is recommended that those employers expecting to use H-2B workers within the coming two years should contribute between $3,000 and $5,000 depending on the number of visas needed. Beyond that, all members of the Guam Contractors Association, the Guam Hotel & Restaurant Association and the Chamber of Commerce should contribute at least $100 or preferably $250. Unspent funds will be returned to contributors on pro-rata basis. Contributions should be made payable to the “H-2B Escrow Account” and with reference number “2016-1143CKM”. Checks can be mailed to: Security Title Inc, 865 South Marine Corps Drive, Tamuning, GU 96913.

The author, John M Robertson, is Secretary-Treasurer of the Guam Contractors Association.

www.guamcontractors.org


THE SMARTEST DISTANCE BETWEEN

TWO P INTS CONSOLIDATED AIR AND OCEAN FREIGHT SERVICES TO AND FROM THE U.S. AND MICRONESIA

HAPPY HOLIDAYS From your PARTNERS at 120 O St. Tiyan, Guam 96911 Tel (671) 649-0900 ‡ Fax: (671) 649-0546 www.tripleb.com



BRING OUT THE TRUE COLOR OF PARADISE

:LWK D ZLGH UDQJH RI FRORUIXO PHWDO URRÀQJ DQG VLGLQJ SURGXFWV IURP $(3 6SDQ 86$ 0DLQ RIÀFH *XDP 6DOHV ZZZ GDWHOLQHH[SRUWV FRP

Authorized and Exclusive Guam Dealer


FEATURE STORY

CONSTRUCTION NEWS BULLETIN

Like Us On Facebook


Like Us On Facebook

CONSTRUCTION NEWS BULLETIN

FEATURE STORY

has a variety of meanings according to Colorpsychology.org. It has many connotations and can evoke several types of emotions. Throughout the world, the color pink can relate consistently and strongly to women, it incites love, tenderness, innocence, and compassion; it also has a calming effect on some people. Pink also induces a sense of optimism as well as it can represent hope.

According to the PPPT event planning toolkit, the program provides “extensive opportunities available to women in the construction industry.” It is also held on the last Saturday of Careers in Construction Month (October). The Guam event hosts young women from middle school to high school. It was first launched in 2003 “in response to a lack of females engaged in the high wage opportunities available in the construction industry.”

For the last six years, the Guam Contractors Association, in partnership and conjunction with the GCA Trades Academy and the National Association of Women in Construction Guam Chapter, have held a long-standing tradition of empowering, nurturing, and hopefully growing the next generation of young women in this industry. These young ladies all wear a pink shirt that breaks most stereotypical meanings of the color, but still slips hope in there. They are part of the annual Pizza, Pop, and Power Tools event for young girls.

Participants get to experience many parts of the construction industry. They get an surface-area look at the important parts of these ever-growing areas of expertise. The program demonstrates the importance of safety, engages the participants in hands-on activities, and allows students to learn the proper use of heavy equipment.

“Pizza, Pop, and Power Tools (PPPT), [is] an opportunity for girls to learn about construction industry at the GCA Trades Academy,” said Desiree Lizama, of Guam Contractors’ Association. This year, there were 50 participants, young girls aged 11 through 18 who “learned the proper usage of hand and power tools, operated a backhoe, rode on a bucket lift, and learned about careers in the construction industry” from women mentors and role models. It gives students a very hands-on approach to the realities of working in this growing industry.

www.guamcontractors.org

“The backhoe is always the main attraction. Maybe it’s the feeling of controlling a big machine and being behind the wheel. After all is isn’t every day you can get in a real backhoe and play with it,” said Jessica Barrett, of Barrett Plumbing. Experienced construction professionals, like Barrett, supervise the young women participating in these activities. Alliteration aside, we can all agree pizza isn’t too shabby an incentive to want to participate. This year, the island’s only Home Depot sponsored the project this year. “For the past 4 (sic) years, we’ve made this event more exciting by having the girls ‘build something great’ and this year they were able to assemble wooden fire trucks and helicopters…,” elaborated Lizama, of Home Depot’s contributions to the project. DECEMBER2016 | 17


FEATURE STORY

CONSTRUCTION NEWS BULLETIN

This year, second-year participant, Anastasia Gauthier took home the grand prize. “Her project was assembled correctly and designed to her interest which was very beautiful and creative of her,” stated Lizama. Anastasia had been busy prior to coming back to the program. She built a dollhouse with her mother and later donated it. Program organizers expressed how proud they were and emphasized the impact this program has on participants. “We encourage all members to get involved in this fun and great learning experience,” said Lizama. Barrett participated this year. She described how participants started the day like any other in the construction with a safety briefing to make sure there were no accidents throughout the day. Next came the fun part of getting their hands dirty and working on projects for several different careers in construction – including plumbing. “They learned to spackle, sand, and learned some of the tricks to ensure a smooth finish,” said Barrett. “As we all know in the real life construction world, the devil in the details,” she added. The best part of the whole program? Certainly not just the pizza according to Barrett. Sometimes it’s knowing that a trade is being handed down to the next generation of plumbers, architects, builders, or surveyors. “My greatest joy was when a returning

18 | DECEMBER2016

Like Us On Facebook

she had replaced the faucet in her home.” Barrett continues, “Hopefully, in the near future some of these young ladies will decide to make this a career and that would truly be the parmesan on the pizza!” The program isn’t just giving young women something to do on a Saturday. They could have participated in any of the other community activities around the island. But, they decided to be part of a growing program geared toward the growth and development of women in an industry predominantly seen as a man’s world. The pink certainly pervaded the room that Saturday in October as the young women got to work and amazed their instructors. More than anything, this program can give young women a sense of belonging. Where some of their peers are Instagramming their latest celebrity (or real life) crush or hanging out with their friends around the mall, the participants are getting a very real-world look at a demanding, growing, and profitable industry. Sometimes the words “you can get a job with the right training” aren’t enough. Sometimes all you have to say is, “You can do both – do the fun things, but build something as well.” This is what the program does. It instill a sense of “I can.”

www.guamcontractors.org


Like Us On Facebook

www.guamcontractors.org

CONSTRUCTION NEWS BULLETIN

FEATURE STORY

DECEMBER2016 | 19


From Your Family at



PHOTO HIGHLIGHTS

CONSTRUCTION NEWS BULLETIN

Like Us On Facebook

November 16, 2016 Hilton Guam Resort and Spa Guest Speakers Representatives from TakeCare Asia, Pacific Isla Life, & ASC Trust Corporation

22 | DECEMBER2016

www.guamcontractors.org


The Proven Sediment Control Choice for all your construction projects Easy installation (no trenching), easy removal Movable BMP: flexible material deliveries/equipment access Less prone to damage compared to silt fence Easier inspection 8, 12 & 18-inch diameters Continuous lengths for perimeters and wraps

Siltsoxx is a lower total cost alternative to a silt fence For more info please contact : Tel: 727-3233 gperez@pacificunlimitedguam.com

“When I complained about the sunlight fading the wood on our steps through our large picture window, Kin suggested I call Island Tinting to see what they could do. Tom and his crew came out to the house and in just over an hour, they applied this clear film. He made me stand on the side where they had applied the film and then on the side with no film. The heat difference was amazing. The best part about it is that our power bill has gone down $70 a month because of this film!” Kin and Jayne Flores with Tom Roberto

Across Micronesia Mall, Route 16 647-TINT (8468) / 649-TINT northislandtinting@guam.net

East Hagåtña 477-TINT (8468) / 472-TINT eastislandtinting@guam.net



Your Exclusive Guam Dealer

Overall Winner


NAWIC NEWS

CONSTRUCTION NEWS BULLETIN

Like Us On Facebook

by Shierly Caceres

bedroom plays a significant role in a person’s childhood, providing a safe place to nurture dreams, contemplate issues, rest and recover. Paint colors add energy to a dull room, while furniture allows for a restful sleep. Simple decorations such as artwork encourage creativity. These are different aspects of a room that most take for granted – luxuries that children from low income families do not enjoy.

When NAWIC first visited the Aldan Family at their home, they were surprised with the lack of furniture and materials in the children’s bedrooms. Leasley’s bedroom had a single bed while John had no bed at all. Both rooms were very small, stark and dull -- devoid of cheerfulness and lightness as if the rooms are stifled by heavy burden. The rooms were stark contrasts to a bedroom a mother would dream of providing her child.

With great interest and passion, NAWIC Guam Chapter launched the Hard Hats & Huge Hearts program with a mission of “Building a Brighter Future One Room at a Time.” The focus is to transform a bedroom of a child from an underprivileged home into a beautiful healing space that foster dreams.

This sobering fact further motivated NAWIC to push and launch the Hard Hats & Huge Hearts program. NAWIC raised fund with Beers, Boys & Toys, a craft beer-tasting and networking event, which financed the Hard Hats & Huge Hearts program. The Insurance Association of Guam also supplemented the program’s budget with their kind donation.

NAWIC found their first project in the Aldan Family through the Habitat for Humanity of Guam. A single mother, Cindy Aldan is raising her two minor children, 10-year-old Leasley and 16-year-old John, with a lone income as a teacher’s aid at the Tamuning Elementary School. Cindy’s two older sons have already joined the military.

The NAWIC ladies set up multiple meetings with the Aldan Family to determine the children’s “dream room.” Afterwards, NAWIC went into planning mode obtaining furniture, materials and equipment to create the suites of each child’s dream. NAWIC also partnered with friends and supporters for supplies and volunteers, including Isla

26 | DECEMBER2016

Paint and Roofing Supply, International Consolidated Contracting, and Kinden Corporation. The work was completed in September with everyone filled with positive energy. Ten-year-old Leasley whose vibrant personality enamored NAWIC’s heart, was filled with excitement throughout the duration of the work as she watched her room transform into a space filled with brightness and life. John, who seemed stoic throughout the process like a typical teenage boy, cracked a rare sincere smile when he finally entered his completed room with a bed he can now sleep in and a space that reflects his youth. This project lit a fire within NAWIC, igniting a passion to do more. The Hard Hats & Huge Hearts program will not be limited to underprivileged families, but will also serve the community of Guam. Right now, the Hard Hats & Huge Hearts committee is planning to expand the reach of this program to the public schools as well. When and how will be explained at a later time, but NAWIC is hoping for the continued and much appreciated support of the construction industry.

www.guamcontractors.org


Brand new steel cube containers · [ · DQG · [ ·

Specializing in new and used Shipping Containers, Modified Containers, Modular Container Field Offices, Cube Containers, and Galvalume Steel Buildings. See our models at our showroom across Crown Bakery in Mangilao.

5:1& -&/50/ '03. 4"7&34

"650."5&% 45*33614 ."$)*/&4 61 50

453"*()5 450$,

Mini Cube Containers Available In:

20’ and 40’ Modified Container Offices

· ‡¬ · ‡ · ‡ · ‡ · ‡ DQG · OHQJWKV

20’ and 40’ New and Used Shipping Containers

20’ and 40’ Modular Container Field Offices

"650."5&% 4)&"3 -*/&4 61 50

t '03 "-- :063 3&*/'03$*/( /&&%4 t

t '03 $0/53"$5034 "/% 16#-*$ 4"-&4 t $655*/( t #&/%*/( t 453"*()5 450$, t 5*3& 8*3& t #"3 4611035 t %&5"*-*/(

-0$"5&% 0/ 3065& "$3044 )"8"**"/ 30$,

Tel: 653-4701 | E-mail: timw@rmpguam.com

Tel: ‡ E-mail: jrsguam@gmail.com | Web: www.jrsguam.com


CONSTRUCTION HEADLINE

CONSTRUCTION NEWS BULLETIN

Like Us On Facebook

Pernix Group, Inc. Appoints M. Scott Kroll to New Role at Pernix Guam LLC LOMBARD, IL — November 14, 2016 — Pernix Guam LLC, a wholly owned subsidiary of Pernix Group, Inc. announces the appointment of Mr. M. Scott Kroll as its Vice President of Operations – Pacific Division and General Manager overseeing the Pernix Guam operations. Scott joined Pernix Group one year ago as a Sr. Project Manager. He brings more than 30 years’ of leadership experience in the construction industry and has directed and managed commercial and U.S. Federal construction projects in the U.S. Mainland, Middle East, Eastern Asia, Southern Asia, and Africa. Scott relocated to Guam with his wife Preeti Kroll from Lombard, Illinois. Nidal Z. Zayed, CEO & President of Pernix Group said, “We couldn’t be happier with the appointment of Scott as the Vice President of Operations and General Manager at Pernix Guam. I have every confidence that Scott’s proven history of success and exceptional leadership will play a pivotal role on Pernix’s growth in Guam.” Scott Kroll said, “I am very excited for the opportunity to lead the Pernix Guam business. The team has been very welcoming and we are all excited about what the future holds for our company. It’s a pleasure to be part of this team and I look forward to being at Pernix for years to come.” About Pernix Group, Inc. Pernix Group, Inc. is a construction company recognized by Engineering News‐Record for being one of the Top 50 American Contractors Working Abroad for the last five years. Headquartered in Lombard, Illinois, Pernix has operations in the United States, Europe, Asia, Africa, the Middle East, and the Pacific Rim. Pernix has full‐scale construction and management capabilities, in three primary markets: Federal Government, Commercial & Industrial, and Power. Additional information is available at www.pernixgroup.com. Forward‐Looking Statement Certain of the statements made in this press release are forward‐looking statements within the meaning of the Securities Litigation Reform Act of 1995. Such statements involve certain risks and uncertainties that could cause actual results to differ materially from those in the forward‐looking statements. Potential risks and other factors could cause or contribute to actual results differing materially from such forward‐looking statements.

28 | DECEMBER2016

www.guamcontractors.org


CONSTRUCTION NEWS BULLETIN

Like Us On Facebook

CONSTRUCTION HEADLINE

Pernix Continues to Grow in Guam with New Awards LOMBARD, IL — November 14, 2016 — Pernix Group, Inc. announced the award of two new projects recently awarded to its wholly owned subsidiary, Pernix Guam LLC. The $26.4 million dollar contract with the Naval Facilities Engineering Command (NAVFAC) for the low observable/corrosion control/composite repair shop was awarded on September 30, 2016. This contract is for the work to provide environmentally controlled areas for on‐aircraft low observable restoration and repair in support of the Guam strike mission at Andersen Air Force Base, Guam. The work to be performed includes the demolition of the existing composite shop and relocation of the existing cargo deployment facility (CDF). Additionally, the existing air freight terminal will be renovated to accommodate the relocated CDF and cargo reception facility. The project is scheduled for completion in October 2018. Pernix Guam LLC also received a contract with Guam Waterworks Authority (GWA) in August 2016 for the $18.2 million dollar Yigo and Astumbo Reservoir project. This project consists of the construction of three 2 million gallon pre‐stressed concrete water tanks located on two different sites as well as the inspection and repair of an existing 2.5 million gallon steel water tank. The contract also includes demolition work, construction of vaults, valves, meter, booster pumps, control building, site pipelines and appurtenances, earthworks, civil work improvements, design build of approximately 3,500 lineal feet of 12” diameter water lines, and mechanical and electrical work. The project is scheduled for completion in December 2018. “We are pleased to have received these awards and excited about expanding our business in Guam,” said Scott Kroll, Pernix Guam’s General Manager and Vice President of Operations. He went on to say, “With the 100% bonding secured and in place, we’ve kicked off strong and we expect construction to be starting in the next month for both jobs.” Mr. Kroll added “Pernix is proud of our history working in the Pacific Rim. Our team in Guam has a long relationship working with NAVFAC Pacific as well as GWA. We look forward to these projects becoming another success.” About Pernix Group, Inc. Pernix Group, Inc. is a construction company recognized by Engineering News‐Record for being one of the Top 50 American Contractors Working Abroad for the last five years. Headquartered in Lombard, Illinois, Pernix has operations in the United States, Europe, Asia, Africa, the Middle East, and the Pacific Rim. Pernix has full‐scale construction and management capabilities, in three primary markets: Federal Government, Commercial & Industrial, and Power. Additional information is available at www.pernixgroup.com. Forward‐Looking Statement Certain of the statements made in this press release are forward‐looking statements within the meaning of the Securities Litigation Reform Act of 1995. Such statements involve certain risks and uncertainties that could cause actual results to differ materially from those in the forward‐looking statements. Potential risks and other factors could cause or contribute to actual results differing materially from such forward‐looking statements.

www.guamcontractors.org

DECEMBER2016 | 29


Scissor Lifts, Boom Lifts and Aerial Lifts • 19 feet to 135 feet

Your Exclusive Guam Dealer



32 | DECEMBER2016 4

Welder

Assistant Solar (PV) Installer

Other Construction Occupations

1

1

1

Diving Instructor ER Registered Nurse

Figaro Coffee Shop Supervisor

16

2

Landscape Gardener

Laundry Maintenance Technician

1

Market Research Analyst

1

10

MRI Technologist

Pipefitter

3

13

Wedding Service Attendant

Welder/Fitter

Total Non-Construction H2-B Workers

2

Ultrasound Technician

Quality Control Inspector

2

Motor Repairer

Massage Therapist

9

Marine Maintenance Mechanic

Maintenance Machinery Worker

Machinist

2

1

HVAC Technician

Les Mills Group Exercise Instructor

1

Heavy Equipment Mechanic

Guest Host/Hostess

20

Crew Leader

Total OTHER Construction

10

TOTAL Construction H-2B Workers

355

345

465 0 3 2 0 0 0 0 0 0 470

4500

0

500

1000

Total U.S. Workers

Grand Total H2B Workers

Korea Thailand 0.00% 0.00%

8.41%

0.00%

0.29%

0.29%

36.23%

3.77%

11.01% 1.16%

Other 0.00%

Peru 0.00%

Prepared By: Paul Miyasaki Contact information: Greg Massey, ALPCD Administrator P.O. Box 9970 Tamuning, Guam 96931 (671)475-8005/8003

Camp Cook

Heavy Equip. Operator Electrician

Sheetmetal Worker

Reinforcing Metalworker Structural Steelworker Plumber

Carpenter

Cement Mason

Other

Thailand

Peru

Italy

Australia

United Kingdom

Kiribati

Japan

Korea

Philippines

United Kingdom 0.00%

Kiribati 0.43%

38.84%

Common Construction Occupations

Philippines 98.94%

Japan 0.64%

Australia 0.00%

Italy 0.00%

H-2B Population by Nationality

CONSTRUCTION NEWS BULLETIN

1500

2000

2500

3000

3500

4000

US Workers vs. H-2B

470 Grand Total H-2B Workers

5000

2354

22 47

Total H-2B Employers

Total U.S. Workers

25

Construction Non-Construction

Employers By Industry

Philippines Korea Japan Kiribati United Kingdom Australia Italy Peru Thailand Other Total by Nationality

Workers by Nationality

Total Common Const.

4

Camp Cook

Cook

38

Electrician

13

Heavy Equip. Operator

1

Bakery Equipment Mechanic

Chef

1

Biomedical Equipment Specialist

2

Sheetmetal Worker

6

Baker

0

29

125

Plumber

Reinforcing Metalworker

Carpenter

134

Common Construction Occupations Cement Mason

Structural Steelworker

1

4

5

Automotive Repairer

Construction Equipment Mechanic

Heavy Equipment Mechanic

A/C and Refrigeration Mechanic

MONTH ENDING: November 2016

Automotive Mechanic

8

115

6

Maintenance Technician

3

AC Maintenance Technician

AC Maintenance Mechanic

1

Employers Workplace Monthly Report Statistics

Mechanic

Other Non-Construction Occupations

GUAM DEPARTMENT OF LABOR Alien Labor Processing Certification Division

REPORTS/ INFORMATION Like Us On Facebook

www.guamcontractors.org




Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.