VOL. 58 ISSUE 5 MAY 2017 • GUAM CONTRACTORSʼ ASSOCIATION
PURCHASE A NEW MINI EXCAVATOR AND GET UP TO
$3,500 CASH BACK
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INCLUDES 1.9% FINANCING FOR 60 MONTHS AND A POWERTRAIN EQUIPMENT PROTECTION PLAN.*
PLUS ADDITIONAL CASH BACK REWARDS FOR OTHER MODELS AND MACHINE FAMILIES.
*For complete details, contact Hawthorne Cat. Offer valid from February 1, 2017 to June 30, 2017 on select new models of machines manufactured by Caterpillar Inc. Building Construction Products Division. To be eligible, a sales contract must be signed during the offer period. Offer available only at Hawthorne Cat. Offer is available to customers in the USA and cannot be combined with any other offers. Prior purchases do not qualify. Offer is subject to machine availability. All new Building Construction Product models are eligible for the promotion.† The cash back offer is based on a predetermined amount for each machine that is applied to the sale price. Cash back amount varies by model. Customers must apply cash back offer to the sale price of the machine. Offer can only be used at Hawthorne Cat and must be redeemed on the date of purchase. The offer has no cash value and is not transferable. To receive the interest rate offer, all remaining balances must be financed through Cat Financial and are subject to credit approval through Cat Financial. Financing rate is subject to approval and some customers will not qualify. The interest rate offer is only for customers who qualify. Not all buyers may qualify. Higher rates apply for buyers with lower credit ratings. The Powertrain Equipment Protection Plan (EPP) is provided through Cat Financial for use at Hawthorne Cat. EPP coverage varies by model. Final machine prices are subject to change. Prices do not include taxes, freight, set-up, delivery, document fees, inspections, additional options, or attachments. Program period and conditions subject to change without prior notice and additional terms and conditions may apply. 3 year/1500 hour Powertrain EPP included. Cash back varies by model from $1,000-$3,500 on 300.9-308CRSB Mini Excavators.
www.hawthornecat.com © 2017 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.
Contact your Hawthorne Cat Sales Representative for complete offer details.
671.649.4228
TABLE OF CONTENTS
CONSTRUCTION NEWS BULLETIN
MAy
16 S.A.M.E.
6
INSIDER NEWS
10
NEWSLINE
12
FEATURE STORY
16
PHOTO HIGHLIGHTS
20
Military news
24
REPORTS/INFORMATION
32
2017
Feature Story
24 Military News
Chamorro Ph rase Of Th e M o n th Fino Chamorro: English:
2 | MAY2017
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EDITORIALS
CONSTRUCTION NEWS BULLETIN
THEDIRECTORS
THEEDITORIALS
THETEAM
PRESIDENT James A. Martinez Guam Contractors’ Association
Guam Contractor’s 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 William Beery Tutujan Hill Group
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.
CHAIRMAN Conchita Bathan Core Tech International VICE CHAIRMAN John Robertson AmOrient Contracting SECRETARY/TREASURER Mark Mamczarz Black Construction Corp
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.
CONTRACTORS DIRECTORS: Joe Roberto East Island Tinting Peter Errett Hawaiian Rock Products
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.
Jessica Barrett Barrett Plumbing Rick Brown Pernix Guam LLC
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
Zenon Belanger ARS Aleut Remediation ASSOCIATE DIRECTORS: Jeffrey Larson TakeCare Asia Pacific
PRODUCTION TEAM LEAD: Geri Leon Guerrero AD SALES: Jaceth Duenas PRODUCTION: Jason Davis Christopher “Taco” Rowland PHOTOGRAPHERS: Christopher “Taco” Rowland Jaceth Duenas EDITOR: Adztech CONTRIBUTING WRITERS: John Robertson R.D. Gibson Catherine Cruz Norton Albert Sampson GCA STAFF: Desiree Lizama Elaine Gogue Ann Marie Pelobello COVER: That There Is NO Such Thing As Being Too Prepared
Postmaster. Send address changes to Guam Contractors’ Association, located at 718 N. Marine Drive Corps Suite 203, East West Business Center, Upper Tumon, Guam.
Camilo Lorenzo Matson Navigation Patty Lizama Pacific Isla Life Mark Cruz Mid Pac Far East
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S.A.M.E. UPDATE
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LOWEESST PRIC ED E
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INSIDER NEWS
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UPDATE ON THE H2-B CRISIS AND MEC CLEARANCE
disposed of disposed withoutofharm without to anyone. harm to anyone. the stoppage the stoppage by USCISbyofUSCIS issuingofH-2B issuing H-2B To the best Toofthe our best collective of our collective knowledge knowledge work visaswork specifically visas specifically for Guam. forShe Guam. She and belief,and there belief, has there neverhas been never an been an asked Mrasked Joseph Mr to Joseph recommend to recommend three three uncontrolled uncontrolled detonation. detonation. As time has As time has economists economists so that she socould that she select could oneselect to one to elapsed, the elapsed, Munitions the Munitions of Concern of have Concern have come to Guam come to and Guam conduct andan conduct economic an economic deteriorated deteriorated due to thedue local to environment the local environment analysis ofanalysis the situation. of the situation. She will find She will find but must but stillmust be considered still be considered a hazard to a hazard to GovGuam GovGuam funding to funding cover that to cover expense. that expense. construction workers and workers others. and others. They discussed They discussed the lack ofthe action lack of andaction andconstruction response from response the from Guamthe District GuamCourt. District Court. Out of anOut abundance of an abundance of caution, ofthe caution, the The Attorney The Attorney General advised Generalthat advised was that was military implemented the “Jointthe Region “Joint Region not unusual notand unusual a somewhat and a somewhat similar similar military implemented MarianasMarianas ExplosiveExplosive Safety Submission Safety Submission recent case recent was delayed case wasbydelayed two years. by two years. 2010 and in 2010 it is being and itenforced is being enforced Upon news Upon thatnews the Guam that the Attorney Guam Attorney(ESS)” in(ESS)” By John M. Robertson from thatfrom timethat forward timeand forward until and the until the General isGeneral joiningisthe joining case, we thecan case, expect we can expect present day. present The process day. Thehas process required has required to see some to see acceleration some acceleration of action of from action from The H-2B TheVisa H-2B Issue Visa Issue the mobilization the mobilization of specialist of specialist MEC MEC the court. the court. Contractors Contractors to discover to the discover MECthe andMEC and As previously As previously announced, announced, the first hearing the first hearing dispose ofdispose items found of items in afound safe manner in a safe manner The case is The taking case is longer taking and longer is costing and is costing of the Class of the Action Class lawsuit Actionwas lawsuit in January was in January as part ofas environmental part of environmental cleanup. The cleanup. The more thanmore was than originally was originally expected.expected. We We at Guam District at GuamCourt. District There Court. wasThere to was tohave collected process has process proven hasdisruptive proven disruptive to orderlyto orderly have collected a total of a$83,800 total of to $83,800 date to date have beenhave another beenhearing anotherinhearing May but in the May but the includes construction construction processesprocesses and has increased and has increased which which $10,000 includes from $10,000 the from Guamthe Guam Guam District GuamCourt District hasCourt not scheduled has not scheduled the cost being the cost incurred being by incurred contractors by contractors Contractors Contractors Association, Association, $5,000 from $5,000 from any such hearing any suchashearing of now.asFurthermore, of now. Furthermore, and the Some military. exemptions Some exemptions to to the Chamber the Chamber of Commerce, of Commerce, $5,000 from $5,000 and fromthe military. there has there been no hasresponse been no to response enquiries to enquiries by the process rigoroushave process beenhave put in been put in theby Employers the Employers Council, Council, $5,000 from $5,000 the fromthe therigorous our Class our Action Class attorney Actionand attorney the attorney and the attorney place overplace timeover but the timenegative but the impact negative impact Guam Association Guam Association of Realtors, of Realtors, members members for the Defendant. for the Defendant. Our attorney Ourwas attorney was of the four to schedule cost and schedule is still very is still real.very real. ofassociations the four associations and others. and others. to cost and expectingexpecting to file for to Summary file for Summary JudgementJudgement Legal expenses Legal expenses paid out so paid farout amount so fartoamount to this month this butmonth that and but all that other and motions all other motions on Impacts the Military: on the Military: This method This method $74,600 with $74,600 an additional with an additional $20,000 now $20,000Impacts now are on hold arefor onnow. hold for now. of environmental of environmental cleanup has cleanup never has beennever been due for payment. due for payment. We are projecting We are projecting the the granted itsgranted own budget its own and budget money and to money to need for an need additional for an additional $39,800 for $39,800 near for near Meanwhile, Meanwhile, the Honorable the Honorable GovernorGovernor pay the added pay the costadded has been cost taken has been from taken from term legalterm expense. legal expense. Eddie Baza Eddie Calvo Baza announced Calvo announced that he was that he was construction construction and otherand budgets. other The budgets. The withdrawing withdrawing his support hisfor support the military for the military for the cost realignment for the realignment of forces in of forces in Another fundraising Another fundraising drive willdrive be will be added costadded buildup on buildup Guamon until Guam suchuntil timesuch thattime that Guam andGuam the CNMI and thehas CNMI been estimated has been estimated launched launched soon. Thissoon. is a critical This is issue, a critical issue, the Federal theGovernment Federal Government unfroze the unfroze the by the military by thetomilitary exceed to $3.0 exceed Bil over $3.0 Bil over especiallyespecially for our industry, for our industry, that we must that we must issuance of issuance work visas. of work He visas. at theHe same at the same the coming the10coming to 15 years. 10 to That 15 years. amount That amount bring to resolution bring to resolution and we have andno wechoice have no choice time announced time announced that he would that he have would havebut to continue could conceivably could conceivably cause the cause Marine theCorps Marine Corps but to continue the fight. the fight. the Guamthe Attorney Guam Attorney General join General in thejoin in the relocationrelocation to Guam to Guam be un-affordable. to be un-affordable. lawsuit against lawsuitthe against Federal theGovernment. Federal Government. The cost overall of thecost relocation of the relocation is is Munitions Munitions and Explosives and Explosives of of The overall Concern Concern (MEC)(MEC) budgeted budgeted at $8.2 Bil. at The $8.2military Bil. Theinmilitary in Our ClassOur Action Classimmigration Action immigration attorney, attorney, Guam hasGuam been forced has been to allocate forced tofunds allocate funds Jeff Joseph, JeffEsq Joseph, advised Esqrecently advisedthat recently thatThe invasion programs other programs such as planning, such as planning, The of invasion Guam of byGuam Imperial by Imperial from otherfrom he had a teleconference he had a teleconference with the Guam with the Guam design and design routine andmaintenance routine maintenance to cover to cover Japanese forces Japanese in December forces in December 1941 and 1941 and Attorney Attorney General on General May 3rd on and Maythat 3rd and that the cost. causes This imbalance causes imbalance in the wayin the way liberationliberation of Guam of in Guam July 1944 in July by 1944 by the cost. This it went well. it went Onwell. the call Onwere the call Elizabeth were Elizabeth of conducting of conducting business as business usual byasthe usual by the AmericanAmerican forces, leftforces, behind leftunexploded behind unexploded Barrett-Anderson, Barrett-Anderson, her deputy, herJennifer deputy, Jennifer ordnance,ordnance, some of which some remains of which remains military. military. Davis, Esq Davis, and Greg Esq and Massey GregofMassey the of the buried near buried ground nearsurface groundtosurface this day. to this day. Guam Department Guam Department of Labor. ofThe Labor. Guam The Guam Construction Construction activity has activity uncovered has uncovered such Impacts such on Impacts General on Contractors: General Contractors: Attorney Attorney General agreed General toagreed join thetocase join theitems case withitems greatwith regularity great regularity since thatsince thatConstruction Construction schedulesschedules have beenhave been as a partyasona the party basis on that the basis the entire that the entiretime and time whileand working while with working the Navy with the Navy disrupteddisrupted causing contractors causing contractors to incur to incur Guam economy Guam economy is being damaged is being damaged by byEOD Mobile EODUnit, Mobile all items Unit, have all items beenhave been extended extended period costs period thatcosts are not that are not 10 | MAY2017
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Navy personnel doing thedoing same the thing same thing recoverable. recoverable. It has introduced It has introduced uncertainty uncertainty directives.directives. To the extent To the possible, extent all possible, allNavy personnel now. so that contractors so that contractors cannot base cannot theirbase their ambiguities ambiguities should beshould removed be and removed and now. bid pricing bidonpricing knownonfactors known asfactors in the as in the clear direction clear direction provided provided to contractors to contractors 9. The Military Could Provide Couldan Provide an normal case. normal It has case. introduced It has introduced new safety new safety and Government and Government QA personnel. QA personnel. 9. The Military AnomalyAnomaly Count per Count acre per acre concerns concerns in that responsibility in that responsibility is dividedis divided Contractors Contractors should beshould allowed betoallowed to AssumedAssumed in Bid Documents. This would This would between the between primethe contractor prime contractor and the and the contributecontribute suggestions suggestions to the revised to the revisedin Bid Documents. provide for provide sharedfor risk shared between risk the between the specialist specialist MEC contractor. MEC contractor. It has caused It has caused language language of the ESS. of the ESS. Government Government and Contractor and Contractor and and the primethe contractor prime contractor to not have to full not have full allow Contractors allow Contractors to base bid to prices base bid prices control ofcontrol his work of space. his work It has space. caused It has caused 3. Change 3.from Change TOI from (Target TOIof (Target of on a known on quantity a known rather quantity than rather than the primethe contractor prime contractor to suspend towork suspend in work in Interest) Interest) of 20mmof to20mm TOI ofto60mm. TOI of 60mm. gamble ongamble the concentration on the concentration of MEC of MEC some locations some locations and to make andchanges to makein changes inThis change Thiswould change make would a significant make a significant the project. in theIfproject. the number If the number orderly progress orderly that progress impacts thatoverall impacts cost. overall cost. differencedifference in cost and in not costcreate and not an create an targets intargets of anomalies of anomalies per acre exceeds per acrethat exceeds in that in undue hazard unduetohazard personnel. to personnel. the bid documents, the bid documents, there willthere be a will be a Impacts on Impacts Specialist on Specialist MEC MEC for the price excess for the agreed excess toagreed in to in Contractors: Contractors: The specialist The specialist contractors contractors 4. Use only 4. Use Ferrous onlyMetal Ferrous Detection Metal Detection fixed pricefixed advance. advance. have yearshave of experience years of experience performing performing MEC MEC Equipment Equipment instead ofinstead “Metalof “Metal discovery discovery and clearance and clearance in CONUS in CONUS and in andDetectors”. in Detectors”. All MECAll of the MEC WWII of the WWII war zoneswar andzones understand and understand the best means the best means era were made era were of ferrous made ofmetal. ferrous There metal. There no need beto nodiscover need to and discover and of performing of performing their worktheir withwork efficiency. with efficiency.should beshould remove objects removemade objects of aluminum made of aluminum Because ofBecause the prescriptive of the prescriptive methods methods or other metal. or other This metal. will This resultwill in result in required by required the ESS, by the theyESS, cannot they perform cannot perform significant significant cost savings costwithout savings without efficiently.efficiently. They also They face uncertainty also face uncertainty and and endangering endangering workers or workers the public. or the public. find the approach find the approach taken at one taken siteatcannot one site cannot be utilizedbeon utilized other sites on other and for sitesnoand logical for no logical 5. Use Excavated 5. Use Excavated Soil for Backfill Soil foror Backfill or reason. reason. Area Fill Area to maximum Fill to maximum extent possible. extent possible. Disposal off-site Disposal is off-site overly expensive is overly expensive Since October Sinceof October 2016, the of 2016, Guamthe Guam and importation of replacement of replacement soil soil Contractors Contractors Association Association has conducted has conducted and importation cost significantly. cost significantly. This This a series ofameetings series of meetings with the military with the military increases increases should beshould possible beinpossible most cases in most except cases except concerning concerning the H-2b the issue H-2b and issue the MEC and the MEC possibly atpossibly playground at playground locations.locations. Fill Fill issue. Another issue. meeting Anotherwith meeting the military with the military is plannedisfor planned later inforMay laterininwhich May in which or backfillormaterial backfillcan material be rechecked can be rechecked the GCAthe member GCAGeneral memberContractors General Contractorsby ferrousby metal ferrous detector metalindetector 6 or 8-inch in 6 or 8-inch and GCAand member GCAMEC member Specialist MEC Specialist lifts to ensure lifts to MEC ensure freeMEC soil. free soil. Contractors Contractors will present willrecommendations present recommendations on possible onimprovements possible improvements to the process to the process 6. Depth 6. forDepth Exploration for Exploration not to Exceed not to Exceed that will bring that will about bring improvement about improvement in time in time 3’-0” or Top 3’-0” ofor Rock. Top of TheRock. depthThe of depth of of performance, of performance, cost and safety. cost and safety. exploration exploration for MECfor should MEC beshould limitedbe limited to no more to than no more three-feet than three-feet except in except in There follows Therea follows list of Recommendations a list of Recommendations soft ground softsuch ground as atsuch former as at swampy former swampy for Consideration: for Consideration: areas. areas. 1. Engagement 1. Engagement by NAVFAC by NAVFAC of a GS-14 of a GS-14 7. NAVFAC 7. NAVFAC ContractContract Direct with Direct with MEC Program MEC Program Manager.Manager. We consider We consider MEC Contractor MEC Contractor to Clear Sites to Clear Sites this to be this a crucial to be item a crucial to satisfactory item to satisfactory in Advance in Advance of Construction. of Construction. On On performance. performance. This individual This individual with with selected projects, selected NAVFAC projects, NAVFAC should should relevant experience relevant experience should beshould able tobe able toissue contracts issue contracts directly todirectly a MECto a MEC bring about bring greater about continuity greater continuity and and contractors contractors for clearing forthe clearing site prior the site prior uniformity uniformity to the process to theacross process all across all to issuingtoa issuing Notice to a Notice Proceed toto Proceed the to the military bases military andbases project and types. project Hetypes. or He or construction construction contractor. contractor. This should This should she shouldshe beshould involved be in involved revisinginthe revising theinclude the include entirethe siteentire usingsite DGM using DGM JRM ESSJRM and its ESS implementation. and its implementation. He He equipment. equipment. This removes This uncertainty removes uncertainty should beshould involved be in involved timely in response timely responsefor the Prime for the Contractor Prime Contractor and can then and can then to RFI’s concerning to RFI’s concerning MEC technical MEC technical produce aproduce more competitive a more competitive bid. bid. issues. issues. 8. Third Party 8. Third Quality PartyAssurance. Quality Assurance. 2. Revision 2. Revision to the Joint to the Region Joint Region Allow theAllow Primethe Contractor Prime Contractor to engageto engage MarianasMarianas ExplosiveExplosive Safety Safety the services theofservices a third-party of a third-party Quality Quality Submission Submission (ESS). The (ESS). current The current AssuranceAssurance organization organization to monitor to monitor documentdocument contains discrepancies contains discrepancies MEC clearance MEC clearance and reportand directly reporttodirectly to within itself within anditself conflict andwith conflict other with otherthe military. the This military. would This replace wouldmost replace most Like Us On Facebook
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NEWSLINE
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Bipartisan, ABC-supported Career and Technical Education Bill Introduced in Congress By: Jeff Leieritz
May 10 - The Strengthening Career and Technical Education for the 21st Century Act, was introduced in the Committee on Education and the Workforce by Reps. Glenn “GT” Thompson (R-Pa.) and Raja Krishnamoorthi (D-Ill.) on May 4. The ABC-supported legislation would provide more access to valuable career and technical education (CTE) programs and ensure these programs are aligned with in-demand jobs, including construction.
ABC sent a letter to Reps. Thompson and Krishnamoorthi thanking them for introducing the bill, writing “it is essential that our nation improves access to high-quality CTE programs and that these programs are focused on high-demand industries like construction, are connected to local employers and deliver nationally portable, industry-recognized credentials.” ABC praised the legislation, which will “take
vital steps toward opening up opportunities for students and giving them a competitive advantage in finding fulfilling and high paying careers in the construction industry.”
Construction Industry Praises President Trump for Eliminating Burdensome Obama-era Recordkeeping Rule By: Francis Lowe
WASHINGTON, D.C., April 4Associated Builders and Contractors (ABC) commended President Trump for signing a resolution into law eliminating the Obama administration's controversial "Volks rule" (formally known as Clarification of an Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness final rule). Congress passed the resolution through the Congressional Review Act (CRA). "The Volks rule, finalized by the Occupational Safety and Health Administration (OSHA) under President Obama, imposed a massive paperwork burden on contractors without improving jobsite safety," said ABC Vice President of Legislative and Political Affairs Kristen Swearingen. "Associated Builders and Contractors members value workplace safety and regulations based on sound evidence; however, OSHA's 12 | MAY2017
rule directly contradicted the Occupational Safety and Health Act and the U.S. Court of Appeals decisions. ABC looks forward to continuing to work with OSHA to develop standards that include real-world input from contractors and accomplish the agency's important goal of improving jobsite safety without unduly burdening job creators."
ABC sent letters to members of the U.S. House of Representatives and U.S. Senate ahead of the CRA resolution votes on the Volks rule urging them to support the resolution and informing them ABC would consider the vote a key vote on its 115th Congressional Scorecard.
Under the Occupational Safety and Health (OSH) Act, contractors are still required by OSHA to maintain injury and illness logs for five years. The CRA resolution (H.J. Res. 83), does not change contractors' responsibility to maintain injury and illness logs, however, it limits OSHA's ability to retroactively cite contractors for past incidents to the six month statute of limitations set by the OSH Act and multiple U.S. Court of Appeals decisions.
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Legislation to ban PLA Mandates Introduced in U.S. Senate By: Francis Lowe
Associated Builders and Contractors (ABC) today voiced its strong support for the Fair and Open Competition Act (S. 622). The bill, introduced by Sen. Jeff Flake (R-Ariz.), will reduce costs for taxpayers by encouraging all qualified construction companies to compete for federal and federally funded construction projects. S. 622 prevents federal agencies and recipients of federal funding from requiring contractors to sign controversial project labor agreements (PLAs) as a condition of winning federal or federally assisted construction contracts. "The Fair and Open Competition Act will create more construction jobs and help taxpayers get the best possible construction project at the best possible price by increasing competition, reducing waste, and eliminating favoritism in the procurement process," said ABC Vice President of Regulatory, Labor and State Affairs Ben Brubeck. "This important bill will create a level playing field where more qualified contractors will compete for public construction contracts because the government can neither encourage nor prohibit project labor agreements." "When mandated by the government, PLAs discriminate against the 86.1 percent of the private U.S. construction workforce that chooses not to join a labor union and drive up the cost of taxpayer-funded construction by 12 percent to 18 percent compared to projects not subject to PLA mandates," said Brubeck. "ABC supports this bill because it will create jobs for veterans, minorities, women and local workers not affiliated with unions, and will create opportunities for small businesses and qualified contractors hurt by PLA requirements. We urge Congress to immediately pass this common-sense legislation and put an end to these
14 | MAY2017
anti-competitive and costly contracting schemes." An ABC-led a coalition of 14 construction industry and business associations sent a letter to the Senate today in support of the bill. When mandated by a government agency on a taxpayer-funded project, a PLA typically ensures construction contracts are awarded only to companies that agree to recognize unions as the representatives of their employees on that job; use the union hiring hall to obtain workers at the expense of existing qualified employees; obtain apprentices through union apprenticeship programs; follow inefficient union work rules; pay into union benefit and multi-employer pension plans workers will never benefit from unless they meet vesting requirements; and force workers to pay union dues and/or join a union as a condition of employment. In 2009, President Obama signed Executive Order 13502, which strongly encourages the use of government-mandated PLAs on federal and federally funded construction projects. In January 2017, letters sent by ABC and a coalition of construction and industry stakeholders asked President Trump to rescind Obama's pro-PLA policy and replace it with Executive Orders 13202 and 13208, which prohibited government-mandated PLAs on $147.1 billion worth of federal construction contracts and hundreds of billions of dollars' worth of federally assisted projects from 2001 until it was rescinded by President Obama in 2009.
Mick Mulvaney (R-S.C.), had more than 100 cosponsors and was passed out of the House Oversight and Government Reform Committee. In 2015, the U.S. Senate passed Sen. Flake's Amendment 665 to the Senate's budget resolution (S. Con. Res. 11), which expressed the sense of the Senate that construction contracts should be awarded without discrimination based on contractors' agreements with labor organizations. A total of 22 states- 20 since 2010- have passed similar measures ensuring fair and open competition on state and local projects. This year, a number of states are deliberating similar bills, such as Wisconsin's SB3/AB24, which was sent to Gov. Scott Walker's desk on March 9. In 2015, West Virginia became the 22nd state to ban PLA mandates when Gov. Earl Ray Tomblin (D-W.Va.) signed the bipartisan Establishing Fair and Open Competition in Governmental Construction Act. Gov. Tomblin is the first Democratic governor to sign a bill prohibiting PLA mandates. Also in 2015, Arkansas Gov. Asa Hutchinson (R-Ark.) signed into law a bipartisan bill prohibiting PLA mandates that had previously passed both the State Senate and House of Representatives in unanimous votes.
In the 114th Congress, a similar bill, the Government Neutrality in Contracting Act (H.R. 1671), introduced by Rep.
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alarm By: R.D. Gibson
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Greek philosophy and mythology is riddled in symbolism. Fire is often associated with passion and power. The infamous Prometheus even stole fire from the sun in direct insubordination toward the gods so mankind could survive. Thanks, P! Fire is a tricky thing. It can be easy to have conflicting issues with the idea of ‘fire’. On one hand, fire can symbolize creativity, a spark of genius, passion, speed, and lust. Heat and flames are famously used on car decals and song lyrics to fervently demonstrate desire and hunger. On the other hand, fire can mean destruction. As some people have experienced, fires can be equally damaging. Homes and businesses are always at risk, but, most importantly, the people who reside or work in them. However, the flames of fire can also encourage transformation. In the legend of the phoenix we see a bird that is constantly reborn from its ashes – stronger, wiser, and ready for its next adventure. How
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fitting Phoenix Pacific (Guam), Inc. makes it its mission to transform the way businesses think about fire safety in our community. They are committed to providing the best possible services and technical support toward fire safety throughout. “We make your objectives ours to ensure that your Fire Alarm System is working efficiently, effectively and safely with vigilance,” their mission statement states. Gabriel Simon, Branch Manager of PPGI, spoke about their work and reputation as a leader in Fire and Life Safety Systems throughout the Western Pacific and Micronesia Region. “It is not just the systems that Phoenix Pacific provides, it is our approach and commitment to the industry that makes the real difference,” he said. Sometimes it can seem like rocket science for the tiniest piece of technology, especially if we’re not familiar. Sure, we’re not using rotary phones anymore, but that sound your fire alarm is making isn’t just there to annoy you, your employees, and
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MAY2017 | 17
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customers. “A properly working ‘fire alarm system’ provides a service, it is sniffing for smoke and sensing for heat, and it screams if either is detected,” said Simon. But, he also pointed out that the fully functioning, maintained, and certified to national and local regulatory agencies is a huge plus for fire insurance policies. Additionally, he stated of PPGI, “our systems can provide the highest level of safety and security, integrated with other building systems for real time verification and monitoring of virtually anything, with notification to anywhere.” Simon pointed out that although they specialize in advanced systems, they are “user friendly and cost effective.” Phew! He added, “we are a ‘one stop show’ for anything fire safety…” Simon listed several of their services including wet/dry sprinkler systems, fire pumps, kitchen hood suppression systems, CCTV systems, intrusion detection/access control, and even traffic control systems – probably their best kept secret. But, more than anything – all the accolades and impressive list of completed and pending projects – Simon says they are proud of the level of training of their technology and the third party NICET (National Institute for Certification in Engineering Technologies) certification. The NICET certification augments their technicians’ skills and knowledge in the fire alarm industry according to their company profile. But, back to the whole ‘fire’ thing: according to the National Fire Protection Agency, in 2015, there were 1,345,500 fires reported in the United States. 501,500 were structure fires that resulted in 2,685 civilian deaths, 13,000 civilian injuries, and over $10 billion in property damage. This is a heated issue pun intended. What is the main problem? Simon pointed to “improperly maintained fire alarm systems, resulting in unreliable and either partially, or totally non-operational systems.” But, it comes down to whom is making the decisions on fire and life safety he said. He gave a few examples of phrases that he is all too familiar with that point toward the system not working for a while, not wanting to fix it, disconnecting sections of the alarm systems, or 18 | MAY2017
simply just getting the minimal certification necessary. While fire codes and regulations are dependent on the National Building Code, National Mechanical Code, National Electrical Code, and National Fire Protection Association, they can become difficult and complicated. However, Simon stresses having an inspection of fire and life safety systems by qualified Fire Protection Engineers. What it comes down to shouldn’t be the dollars businesses saved or time around paperwork, but the lives and possibly the livelihoods at stake. Simon emphasized that all decisions regarding Fire and Life Safety Systems should be made with the worst-case scenario in mind. However, Simon is also quick to point out that “that we are all too complacent” regarding fire safety on island. “There is no such thing as being too prepared.” It can be easy to think, “That won’t happen to me” Simon stated. As Simon highlighted, we live and work in concrete buildings. Deaths might not occur because of actual fire burns, but smoke inhalation and lack of oxygen. He encourages people – not just businesses – to develop and practice plans in case there is a fire. It really should not be a thing that happens only at schools on occasion. There should be an escape route, meeting spot in case you are separated, and access to emergency information. It really is after all a community effort. Schools, businesses, and homes are some of the places we spend most of our time – it’s important our community become more involved and knowledgeable of the dangers of minimal fire and life safety. It’s an all-too-familiar scene on Guam: the fire alarm goes off in a certain place, and nobody gets up to evacuate. “Did someone just pull the alarm?” “I’m not leaving until I see smoke.” “Are you kidding me?” As funny as it might seem, that poses a personal as well as an economic risk. Maybe it is time we take the transformative symbolism of ‘fire’ and change our mindsets about how we should treat fire safety in our community. It might seem like a lot of work, but maybe we need to light a fire under this to ensure compliance and all-around safety.
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By Catherine Cruz Norton Naval Facilities Engineering Command Marianas Public Affairs Office
NAVFAC MARIANAS
Navy Renews One-Guam Commitment at Island Sustainability Conference; Discusses Sustainable Utilities TUMON, Guam -Naval Facilities Engineering Command (NAVFAC) Marianas utility experts participated in the Eighth Annual Island Sustainability Conference hosted by the University of Guam on April 19 at the Hyatt Regency Guam. Military presenters focused on updating the group on accomplishments in achieving sustainable utilities for the entire island, and underscored the Navy’s commitment to One Guam through improvements to Guam’s water and power systems. NAVFAC Marianas Commanding Officer Capt. Stephanie Jones emphasized the importance of the cooperative One-Guam approach they have established for addressing critical issues impacting the island’s water and power systems. “We are striving to achieve reliable and resilient power and water systems for Guam,” said Jones, who participated as a panel member alongside partners from the Guam Power Authority (GPA) and Guam Waterworks Authority (GWA), which focused on sustainable utilities.
“This is best accomplished through our continued work with GPA and GWA to find creative solutions to resolve critical utility issues facing the island.” The One Guam initiative is playing a vital role in GPA’s progress toward its goal of providing 25 percent of its energy with renewable sources, according to John Benavente, GPA general manager. “We both recognize that we cannot be installing renewable energy projects without understanding that the grid is only one,” he said. “That really puts us together to work on the One Guam solution, which we have been working diligently toward.” Desiree Masterson, regional energy program manager for NAVFAC Marianas, gave a presentation on the Navy Regional Energy Master Plans during a conference breakout session. She noted that, over the past five years, military installations on Guam have successfully competed for the Navy’s energy funds, resulting in over $90 million in energy projects. “We had a huge push in the past two years from the Secretary of the Navy to install
Sustainable Utilities: Capt. Stephanie Jones, commanding officer, Naval Facilities Engineering Command (NAVFAC) Marianas; and Armando Abad, utilities, energy management product line coordinator, NAVFAC Marianas; take part in a plenary panel on sustainable utilities at the University of Guam’s Eighth Island Sustainability Conference at Hyatt Regency Guam in Tumon on April 19. Panel members were, from left, Miguel Bordallo, general manager, Guam Waterworks Authority; Sen. Telena Nelson, chairwoman, committee on utilities, 34th Guam Legislature; John Benavente, general manager, Guam Power Authority; Jones; and Abad. (NAVFAC Marianas Public Affairs Office/Released)
24 | MAY2017
renewable energy projects worldwide,” she said. “We coordinated with GPA and this partnership has resulted in Guam now being a part of the Navy renewable program.” With the number of energy projects on island the Secretary of the Navy looked at Guam specifically and said, ‘I want to do this energy plan here first as a model for the rest of the Navy,' according to Masterson. “The plan being formulated is to establish a plan of action to meet energy goals through 2035. In addition to sustainability, the plans address resiliency, security, renewable energy projects and efficiency.” The Navy’s participation at the conference is vital. “The military is a big part of our island,” said Austin Shelton III, assistant professor and associate director, UOG Center for Island Sustainability (CIS). “We’re really happy and appreciative that Capt. Jones and others took the time to come to the conference and be part of the conversation that needs to happen around sustainability.” The Navy has participated in the CIS conference since its inception in 2009.
Renewable Energy: Desiree Masterson, regional energy program manager, Joint Region Marianas and NAVFAC Marianas, gives a presentation on the Navy Regional Energy Plan during a breakout session on energy of the University of Guam’s Eighth Island Sustainability Conference at Hyatt Regency Guam in Tumon on April 19. (NAVFAC Marianas Public Affairs Office/Released)
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NAVFAC Marianas Named Winner in Prestigious CNO Shore Safety Award Program ASAN, Guam – Naval Facilities Engineering Command (NAVFAC) Marianas was named on Apr. 22 the winner in the Chief of Naval Operations (CNO) Shore Safety Award Program in the small industrial category for fiscal year 2016. NAVFAC Marianas Commanding Officer Capt. Stephanie Jones commended the entire command for significant contributions toward reducing mishaps, enabling mission readiness and protecting lives. “Congratulations to every member of the team,” Jones said. “This prestigious award reflects greatly on the command's outstanding leadership and employees’ unyielding commitment to safety. It takes the entire command's effort and focus on building a strong culture of safety at every level to attain this level of safety success.” NAVFAC Marianas is praised for enabling mission readiness of 30 military commands on Guam by imbedding safety as an essential component in all of the products and services. In addition, safety was included in all on-duty and
off-duty activities; shore infrastructure work processes; designs and acquisitions. Fiscal year 2016 is highlighted by a number of major achievements in the Safety Program. Among them, Jones noted a reduction in the mishap rate for ‘days away restricted and transferred’ (DART) by more than 60 percent from fiscal year 2013. Also of significant note is a 50 percent reduction in the trend of slips, trips and falls, (ST&F) through greater communication, oversight and awareness at the Safety Leadership Board and Mishap Review Board, and mandatory training. “Together our team established the Employee Safety Committee (ESC) to empower personnel and encourage accountability; to promote safety communication amongst personnel and supervisors; and to address and resolve safety issues at the lowest level.” Annually, the CNO Shore Safety Awards Program recognizes outstanding support and achievement in safety and occupational health.
“In the midst of budget, personnel and resource challenges, operational risk management (ORM) and our Safety Program continues to advance, to meet challenges head on,” Jones said. “I am confident that we will continue to do so during these critical times.” NAVFAC Marianas employs approximately 520 civilian personnel, 23 military officers and 10 enlisted Seabees. The command supports an area of operations that encompasses about 36,500 acres with more than 5,000 facilities. Its average annual volume of sales is $500 million in Public Works and Facility Engineering and Construction products and services. NAVFAC Marianas serves the region as the primary agency to support all Department of Defense construction, engineering, public works, facility, environmental and acquisition activities and requirements.
NAVFAC Marianas Named Winner in Prestigious CNO Shore Safety Award Program ASAN, Guam - Naval Facilities Engineering Command (NAVFAC) Marianas announced today the start of a 45-day public comment phase for a Programmatic Agreement (PA) Memo associated with a Marine Corps Realignment project on Guam. Public comments are being accepted through June 26, 2017 (Chamorro Standard Time) for PA Memo #1: P-290 Design and Construction of Earth Covered Magazines and Ordnance Pads at Andersen Air Force Base (AAFB). The project proposes to construct twelve earth covered magazines and two ordnance pads, in fulfillment of support facilities and infrastructure requirements
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for reduction of explosives safety risks from military munitions. Interested members of the community may submit comments to criwebcomment@navy.mil. Hard copy comments may be submitted to the State Historic Preservation Officer (SHPO) at the Guam Historic Resources Division Office, 490 Chalan Palasyo, Agana Heights. To read and download the PA Memos, please log onto the NAVFAC Pacific Cultural Resources Information (CRI) website at http://go.usa.gov/kZWG. Alternatively, hard copies are also
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available through Guam SHPO. In addition, members of the public wishing to receive regular updates related to the Guam and CNMI Programmatic Agreement of 2011 may subscribe online through the following link found on the Joint Region Marianas web page: https://go.usa.gov/x5BQS. Please note all web URLs are case sensitive. PA Memos provide an opportunity for interested members of the public to participate in the Section 106 consultation process required under the National Historic Preservation Act.
MAY2017 | 25
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did you know? USAspending.gov is a publicly accessible, searchable website mandated by the Federal Funding Accountability and Transparency Act of 2006 to give the American public access to information on how their tax dollars are spent. For all contracts, federal agencies are required to report the name of the entity receiving the award, the amount of the award, description of the product/service, place of performance, and much more detailed information about the the awardee (large, small, SDB, WOSB, SDVOSB, etc.).
Construction Products Services
Source: USASpending.gov The graph above federal governTheillustrates graph above illustrates federal government spending on Guam overonthe last three ment spending Guam over the last three fiscal years. FY17 asisofreported as of fiscal data years.is reported FY17 data February 2017. Contracts awarded by awarded by February 2017. Contracts federal agencies (Departments of Defense, of Defense, federal agencies (Departments Homeland Security, Agriculture, are Homeland Security, etc.) Agriculture, etc.) are broken down broken in to three broad down in tocategories; three broad categories; construction, construction, products, andproducts, services. and services. Based on the Based above,on if the the average above, ifcontract the average contract expenditures expenditures for the previous fiscal three fiscal for three the previous years are: years are: ConstructionConstruction $ 359.5M $ 359.5M Products Products $ 80.8M $ 80.8M Services Services $ 267.6M $ 267.6M Total $ 708M $ 708M Total
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mmittee, Guam SBDC, The GCA Small Business Co nsored an Employee and the Guam PTAC co-spo op on April 14, 2017 Ma nagement Tra ining worksh . Toshie Ito, ow ner at the Un iversity of Guam. Ms g, disc ussed six ltin of Motiva Tra ining & Consu ployees’ morale, job em ce major elements that influen also disc ussed how to per formance and loyalty. She s that directly reflect design practical eva luat ion form ma ke it easier to eva luate employees’ job functions and 40 sma ll business employee per formance. About event. representatives attended this
And contractAnd expenditures through contract expenditures through February 2017February are: 2017 are: ConstructionConstruction $ 7.9M $ 7.9M Products Products $ 24.5M $ 24.5M Services Services $ 119M $ 119M Total $151.4M Total $151.4M A fair expectation that the federal A fairisexpectation is that the federal government will be awarding of government will abelotawarding a lot of contracts to be performed onperformed Guam overon Guam over contracts to be the next four the months. next four months.
28 | MAY2017
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small biz notes • Fargo Pacific, Inc. was awarded a $3,980,000 task order to renovate Building 101A on Naval Base, Guam. Work to be performed includes renovation of interior spaces, abatement and removal of asbestos containing materials (ACM), and construction of a standby emergency generator building and antenna platform structure. • Hagens, Inc. was awarded about $634K for the second option year to provide exterminating and pest control services at Andersen Air Force Base and Naval Base, Guam. • Galaide Professional Services, Inc. was awarded about $982K to provide Safety and Occupational Health Services for Joint Region Marianas, Guam. • Wolf Creek Federal Services, Inc was awarded about $1.06M for additional maintenance of family housing facilities on Andersen Air Force Base and Naval Base, Guam. • About $47.5M was awarded to Small Business (SB) concerns on Guam for a wide variety of products and services through April 2017. Breakdown of awards: • $41M - Small Disadvantaged Businesses (SDB) • $19M - HUBZone Small Businesses (HZ) • $5.8M - Women-Owned Small Businesses (WOSB) • $4.6M - Service-Disabled Veteran-Owned Small Businesses (SDVOSB) The figures above do not add up to the overall Small Business total ($47.5M) as some small business concerns may fit multiple categories. For example, a SDVOSB may also be HZ and SDB. Source: Federal Procurement Data System Next-Generation (FPDS-NG).
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32 | MAY2017 Camp Cook Total Common Const.
1
1
1
2
19 1
2
7
2
Mechanic
Motor Rewinder
Pipefitter
Pipefitter
Specialty Cook Supervisor
Ultrasound Tech
Welder-Fitter
Wedding Service Attendant
55
Electrician
1
Market Research Analyst
Total Non-Construction H2-B Workers
2
Heavy Equip. Operator
1
Machinist
2
20
Sheetmetal Worker
1 11
Landscape Gardener
Heavy Equipment Mechanic
www.guamcontractors.org TOTAL Construction H-2B Workers
Total OTHER Construction
205
0
256 0 2 2 0 0 0 0 0 0 260
260 Grand Total H-2B Workers
4500
0
500
1000
1500
2000
2500
3000
3500
4000
Total U.S. Workers
Grand Total H2B Workers
US Workers vs. H-2B
1371
Total U.S. Workers
5000
16 31
Total H-2B Employers
15
Non-Construction
Construction
Employers By Industry
Philippines Korea Japan Kiribati United Kingdom Australia Italy Peru Thailand Other Total by Nationality
Workers by Nationality
203
7
1
0
Structural Steelworker Plumber
13
85
Reinforcing Metalworker
Carpenter
1
1
HVAC Technician
Heavy Equipment Mechanic
75
Common Construction Occupations Cement Mason
1
1
Bakery Mechanic
Construction Equipment Mechanic
MONTH ENDING: March 2017
3
Other Construction Occupations
Employers Workplace Monthly Report Statistics
Baker
Other Non-Construction Occupations
GUAM DEPARTMENT OF LABOR Alien Labor Processing Certification Division
Korea Thailand 0.00% 0.00%
6.40%
0.00%
0.00%
0.49%
41.87%
3.45%
9.85% 0.99%
Other 0.00%
Peru 0.00%
Prepared By: Sherine Espinosa 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 0.77%
36.95%
Common Construction Occupations
Philippines 98.46%
Japan 0.77%
Australia 0.00%
Italy 0.00%
H-2B Population by Nationality
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