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VOL. 59 ISSUE 02 FEBRUARY 2018 • GUAM CONTRACTORSʼ ASSOCIATION

NG I D L y I r BU NS o t E LA S e IQU S’ P r u E N t D U a A RA e F &T


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TABLE OF CONTENTS

CONSTRUCTION NEWS BULLETIN

FEBRUARY 18 S.A.M.E. INSIDER NEWS Crane critique FEATURE STORY FEATURE STORY PHOTO HIGHLIGHTS Construction headline NAWIC NEWS Around the bench Small business notes Military news REPORTS/INFORMATION

2018 MARCH

6 10 14 18 22 24 26 28 30 32 34 36

Feature Story

22 Feature Story

GCA Calendar Date:

Time:

Venue:

Activities Committee

THURsday

march 1, 2018

10:30

GCA Conf. Room

Board of Directors Meeting

Wednesday

March 7, 2018

7:30

Fiesta Resort

Wed - fri

march 7 - 9, 2018

All Day

GCA Membership Luncheon

Wednesday

march 21 2018

11:30

TBD

Activities Committee

Thursday

march 15, 2018

10:30

GCA Conf. Room

GCA Small Business Committee Meeting

Tuesday

march 27, 2018

11:30

GCA Conf. Room

Industry forum

2 | FEBRUARY2018

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THEDIRECTORS

THEEDITORIALS

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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.

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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 Abhyash Chand Pernix Guam LLC

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PRODUCTION TEAM LEAD: Geri Leon Guerrero AD SALES: Jaceth Duenas PRODUCTION: Jason Davis Christopher “Taco” Rowland Jaceth Duenas PHOTOGRAPHERS: Christopher “Taco” Rowland EDITOR: Adztech CONTRIBUTING WRITERS: John Robertson R.D. Gibson John S. Aguon Dave Barnhouse Dave Hicks Albert Sampson GCA STAFF: Desiree Lizama Elaine Gogue Ann Marie Pelobello COVER: Guam’s Landmark South Pacific Memorial Park The park located in the village of Yigo, serves as a solemn reminder of a war that took the lives of over a-half million Japanese, Americans, and Pacific Islanders. The memorial's centerpiece is a 50-foot tall monument that abstractly depicts hands clasped in prayer.

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THE WORKFORCE CRISIS APPEARS TO BE OVER

reasoned argument. The arguments are to the Magistrate’s Report and to the Magistrate’s Report and reasoned argument. The arguments are not presented here for sake of brevity. Recommendation. On January 6th, Recommendation. On January 6th, not presented here for sake of brevity. 2017, the Defendants submitted a Motion 2017, the Defendants submitted a Motion to Dismiss the Lawsuit. On February 3, The Injunction to Dismiss the Lawsuit. On February 3, The Injunction 2017, Plaintiffs filed a Response to the The court reviewed the magistrate judge’s 2017, Plaintiffs filed a Response to the By John M. Robertson The court reviewed the magistrate judge’s Motion to Dismiss. decision on the injunction de novo which Motion to Dismiss. decision on the injunction de novo which means that she ruled on it independently means that she ruled on it independently With congratulations and thanks to On November 14, 2017, Chief Judge of the magistrate judge’s findings. Because With congratulations and thanks to On November 14, 2017, Chief Judge of the magistrate judge’s findings. Because our legal team, it appears that we have Tydingo-Gatewood scheduled a hearing there were no objections to the majority our legal team, it appears that we have Tydingo-Gatewood scheduled a hearing there were no objections to the majority obtained a favorable ruling from the on the preliminary injunction and Motion of the magistrate judge’s report, the court obtained a favorable ruling from the on the preliminary injunction and Motion of the magistrate judge’s report, the court Guam District Court in the case filed to Dismiss for December 11th, 2017. Oral adopted those portions of the report that Guam District Court in the case filed to Dismiss for December 11th, 2017. Oral adopted those portions of the report that back in October 2016. We went to one arguments and supplemental briefings were not contested. Specifically, the court back in October 2016. We went to one arguments and supplemental briefings were not contested. Specifically, the court of the foremost immigration attorneys in were completed during and after that found that (1) many of the employers of the foremost immigration attorneys in were completed during and after that found that (1) many of the employers the nation and that seems to have paid hearing. have adequately established a likelihood the nation and that seems to have paid hearing. have adequately established a likelihood off for us. Lead Attorney Jeff Joseph Esq of certain, great, actual and imminent off for us. Lead Attorney Jeff Joseph Esq of certain, great, actual and imminent of Aurora, Colorado with local attorney On January 24, 2018, Judge financial and other intangible harms; of Aurora, Colorado with local attorney On January 24, 2018, Judge financial and other intangible harms; Jennifer Davis Esq with support from Tydingo-Gatewood provided her ruling (2) the balance of equities weights in the Jennifer Davis Esq with support from Tydingo-Gatewood provided her ruling (2) of the balance of equities weights in the Melinda Swavely Esq have succeeded in the matter and adopted those parts plaintiffs’ favor; and (3) the public interest Melinda Swavely Esq have succeeded in the matter and adopted those parts of plaintiffs’ favor; and (3) the public interest when other efforts have failed to deliver. Magistrate Judge Manibusan’s decision would be served by the grant of the when other efforts have failed to deliver. Magistrate Judge Manibusan’s decision would be served by the grant of the Even Governor Calvo’s approach to that were favorable to the Plaintiffs and injunction. Even Governor Calvo’s approach to that were favorable to the Plaintiffs and injunction. President Trump and his Chief of Staff overruled the judge’s finding that the President Trump and his Chief of Staff overruled the judge’s finding that the General John F Kelly which at first Plaintiffs were unlikely to succeed on the The court found that the “significant General John F Kelly which at first Plaintiffs were unlikely to succeed on the The court found that the “significant seemed to be gathering steam in the final merits. Chief Judge Tydingo-Gatewood macroeconomic, health, environmental seemed to be gathering steam in the final merits. Chief Judge Tydingo-Gatewood macroeconomic, health, environmental analysis failed to deliver results. There is issued a preliminary injunction in and security concerns---concerns analysis failed to deliver results. There is issued a preliminary injunction in and security concerns---concerns still time for the Defendants to Appeal the the Plaintiffs’ favor and denied the Congress apparently shared in still time for the Defendants to Appeal the the Plaintiffs’ favor and denied the Congress apparently shared in case, however, so it is too early to declare government’s motion to dismiss in its establishing Guam specific treatment case, however, so it is too early to declare government’s motion to dismiss in its establishing Guam specific treatment victory. In either case, it is not over. We entirety. The injunction is to remain in for these visas over the past decade and victory. In either case, it is not over. We entirety. The injunction is to remain in for these visas over the past decade and must still go for a permanent injunction place until a final ruling on the litigation in the very recent National Defense must still go for a permanent injunction place until a final ruling on the litigation in the very recent National Defense which will require further legal action in this matter. Authorization Act for Fiscal Year which will require further legal action in this matter. Authorization Act for Fiscal Year and legal expense. Meanwhile, employers 2018—are clearly sufficient to support and legal expense. Meanwhile, employers 2018—are clearly sufficient to support are urged to resume filing petitions for the magistrate judge’s conclusion that The Motion to Dismiss are urged to resume filing petitions for the magistrate judge’s conclusion that The Motion to Dismiss needed foreign workers. the balance of the equities and the public The first argument that the government needed foreign workers. the balance of the equities and the public The first argument that the government made in its Motion to Dismiss is that the interest weighs in favor of the employers, made in its Motion to Dismiss is that the interest weighs in favor of the employers, There follows a Summary of the Order District Court lacks jurisdiction to even and perhaps heavily so.” There follows a Summary of the Order District Court lacks jurisdiction to even and perhaps heavily so.” Regarding the Motion to Dismiss and hear the case. Regarding the Motion to Dismiss and Preliminary Injunction as stated by hear Jeff the case. The court adopted all uncontested Preliminary Injunction as stated by Jeff The court adopted all uncontested Joseph. The second argument that the portions of the magistrate judge’s decision Joseph. The second argument that the portions of the magistrate judge’s decision government made in the Motion to with one modification that favored the government made in the Motion to with one modification that favored the Summary of Dismiss is that the Plaintiffs had not put Plaintiffs: Specifically, that the employers Summary of Dismiss is that the Plaintiffs had not put Plaintiffs: Specifically, that the employers forth sufficient facts on which a court can have established “near certain substantial Procedural forth sufficient facts on which a court can have established “near certain substantial Procedural HistoryHistory grant relief. and irreparable harm, and the balance On August 11, 2017, Magistrate grant relief. and irreparable harm, and the balance On August 11, 2017, Magistrate of the equities and public interest factors Judge Manibusan issued an Order of the equities and public interest factors Judge Manibusan issued an Order The arguments from both sides were weigh heavily in the Plaintiffs favor. denying the Plaintiffs’ request for a The arguments from both sides were weigh heavily in the Plaintiffs favor. denying the Plaintiffs’ request for a highly technical in legal terminology preliminary injunction pending the highly technical in legal terminology preliminary injunction pending the with precedent cases quoted by both sides With regard to the portions of the outcome of this lawsuit. On August with precedent cases quoted by both sides With regard to the portions of the outcome of this lawsuit. On August and were used by the judge in her highly magistrate judge’s decision that were 25th, Plaintiffs submitted an Objection and were used by the judge in her highly magistrate judge’s decision that were 25th, Plaintiffs submitted an Objection 10 | FEBRUARY2018

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remain through validthe through end ofthe theend of the of the of universe materials of materials considered considered by byremain valid contested,contested, the court the overruled court overruled the the of the universe next in period which each in which individual each individual agencymakers decisionand makers must and be part must be partnext period magistrate magistrate judge andjudge ruledand in the ruled in the agency decision Plaintiff may Plaintiff petition mayfor petition and receive for and receive of the record. of the record. Plaintiff’sPlaintiff’s favor. Thefavor. first The issuefirst is whether issue is whether a temporary a temporary visa. visa. the request thefor request injunctive for injunctive relief would relief would Nonetheless, the court the found court thatfound a ruling that a ruling alter the status alter the quo. status The quo. magistrate The magistrate Nonetheless, premature this is premature since the government since the government judge hadjudge foundhad thatfound asking that USCIS askingtoUSCISon to this is on What This WhatMeans This Means obligated not yet obligated to providetothe provide the Going Forward reverse their reverse decisions their decisions would clearly would clearlyis not yet is Going Forward administrative administrative record. record. alter the status alter the quo. status However, quo. However, the chief the chief The named The Plaintiffs named Plaintiffs may ask the may ask the judge found judge thatfound the status that the quostatus is thequo is the government government to reopentothe reopen past denied the past denied legally relevant legallyrelationship relevant relationship of the parties of the parties The Relief The Ordered Relief Ordered cases if those casespetitions if those are petitions still eligible are still eligible prevailingprevailing before anybefore controversy any controversy had had for prospective for prospective treatmenttreatment and the labor and the labor by the Court by the Court arisen. Here arisen. the Here employers the employers seek an seek an The courtThe finds court thatfinds in order thatto inrestore order to restore certifications certifications will be valid willfor be that validperiod. for that period. injunctioninjunction restraining restraining the agency thefrom agency from the statusthe quo, status the government quo, the government must be mustIfbethe timeIf period the time requested period requested on those on those applying applying the new position the newuntil position the until the preliminary preliminary enjoined from enjoined relying fromonrelying on petitions has petitions since has passed, sincethen passed, named then named merits of merits this case of can this be case evaluated. can be evaluated. This This to failure failure satisfy to peak-load satisfy peak-load or one-time or one-time Plaintiffs Plaintiffs can file new canH2B file new petitions H2B and petitions and indicates indicates that the Plaintiffs that the Plaintiffs are seeking aretoseeking to occurrence occurrence conditionsconditions as grounds as for grounds forUSCIS will USCIS be enjoined will be from enjoined denying from denying restore the restore statusthe quostatus rather quo than rather change than change denying temporary denying temporary worker petitions worker petitionsthose petitions those on petitions the basis on of thetemporary basis of temporary it. it. submittedsubmitted by the employers by the employers (and perhaps (and perhaps need alone. need alone.

any parties anysimilarly parties similarly situated insituated the in the The second The issue second on which issue on thewhich magistrate the magistrate absence ofabsence adequate of adequate explanation explanation as to as to It is possible It isthat possible the government that the government will will judge wasjudge overruled was overruled was whether wasthe whether thehow and why how the andpattern why theofpattern adjudication of adjudication appeal theappeal denialthe of the denial injunction of the injunction to to Plaintiffs Plaintiffs are likely are to succeed likely toon succeed the on thehas changed. has changed. the 9th Circuit the 9thand Circuit seek aand stayseek of the a stay of the merits. The merits. courtThe found court thatfound the Plaintiffs that the Plaintiffs injunction. injunction. If that occurs, If thatthe occurs, 9th Circuit the 9th Circuit must demonstrate must demonstrate that “serious thatquestions “serious questions will briefing scheduleon briefing the propriety on the propriety The courtThe doescourt not take doesanot position take aon position onwill schedule going to the going merits to the [are] merits raised,” [are]and raised,” the andwhether the of the judge’s of the order judge’s andorder may schedule and may aschedule a any whether petitions any will petitions meet will or have meet or have balance ofbalance hardships of hardships tip in the tip Plaintiff’s in the Plaintiff’s hearing. This hearing. would This happen wouldvery happen quickly. very quickly. met any other met any eligibility other eligibility criteria orcriteria what, or what, favor. Thefavor. courtThe finds court thatfinds the employers that the employers if anything, if anything, might constitute might constitute an adequate an adequate have shown—to have shown—to the extentthe that extent they that theyacknowledgment acknowledgment of and explanation of and explanation for Iffor the government If the government does not appeal, does notthe appeal, the can without canknowing without whether knowingthey whether they departure. injunctioninjunction is final and is final remains andin remains place in place departure. have seenhave much, seen if any much, of the if any agency’s of the agency’s for the remainder for the remainder of the litigation. of the litigation. supporting supporting documentation documentation or internalor internal 1. The Court The ordered Courtthe ordered government the government guidance—serious guidance—serious questions questions regardingregarding to produce to as produce soon asaspossible soon asthe possible theOutstanding Outstanding Issues Issues the merits. the merits. administrative administrative record forrecord all petitions for all petitions The Court The hasCourt yet tohas ruleyet ontothe rule Motion on the Motion identifiedidentified by the Plaintiffs by the Plaintiffs that havethat have for Class Certification. for Class Certification. The government The government The courtThe found court thatfound (1) that thatthe (1)agency that the agencybeen previously been previously finally adjudicated finally adjudicated as asa Motion filed filed atoMotion Hold Class to Hold Certification Class Certification engaged in engaged a pattern in aofpattern adjudication; of adjudication; of the date ofof the this date order of this order in Abeyance in Abeyance pending the pending decision theon decision the on the and (2) has and now (2) departed has now departed from thatfrom that Motion toMotion Dismiss. to Now Dismiss. thatNow the Court that the Court pattern without patternexplanation. without explanation. The The 2. The priorThe decisions prior decisions are vacated areand vacated and has denied has thedenied government’s the government’s Motion Motion court concludes, court concludes, “given this “given record, this record, USCIS isUSCIS temporarily is temporarily enjoined from enjoined from to Dismiss, to the Dismiss, government the government will now will now the government’s the government’s failure to failure challenge to challenge relying onrelying the reasoning on the reasoning presentedpresented seek to object seek to our object Motion to ourfor Motion Class for Class it, the relevant it, the legal relevant authority, legal authority, and the and the in the 2015 in and the 2015 2016 and denials 2016todenials to Certification. Certification. It is our position It is ourthat position the that the importance importance of expeditious of expeditious decision ifdecision if deny those deny petitions those previously petitions previously fact that afact decision that aon decision the Motion on thefor Motion for anything anything resembling resembling the statusthe quostatus is quo is submittedsubmitted or submitted or submitted after the after theClass Certification Class Certification was stayedwas does stayed not does not to be preserved, to be preserved, the court the concludes court concludes date of this date order of this in the order absence in theofabsence mean of thatmean briefing thaton briefing that Motion on thatwas Motion was that the employers that the employers have established have established the the adequate adequate acknowledgment acknowledgment of a priorof a prior also stayed. also If stayed. the government If the government attempts to attempts to requisite likelihood requisite likelihood of success.” of success.” course of course adjudication of adjudication and adequate and adequate file an objection, file an objection, we will ask wethe willCourt ask the to Court to explanation explanation for departure for departure from thatfrom that strike thatstrike Motion thatasMotion untimely. as untimely. However,However, The Administrative The Administrative RecordRecord course. course. we will also we respond will alsotorespond their objection to their objection for for The courtThe alsocourt notedalso thatnoted therethat are there three are three class certification class certification as well. as well. reasons why reasons the agency why themay agency be required may be required 3. Defendants Defendants shall reconsider shall reconsider any any to supplement to supplement the recordthe with record internal with internal prior petitions prior from petitions the Plaintiffs from the Plaintiffs still Ifstill the court If the grants court thegrants class certification, the class certification, memos explaining memos explaining any change anyinchange policy. in policy. eligible for eligible prospective for prospective treatmenttreatmentthe injunction the injunction would then would expand thentoexpand all to all First, if the First, plaintiffs if the show plaintiffs thatshow the agency that the agency and shall and adjudicate shall adjudicate any petitions any petitions similarly situated similarlyindividuals situated individuals as well. Asas well. As has failedhas to file failed theto entire file the administrative entire administrativesubmittedsubmitted by the Plaintiffs by the Plaintiffs after the after it the stands now, it stands the injunction now, the injunction only applies only applies record, supplementation record, supplementation is appropriate. is appropriate. date of this date order of this consistent order consistent with withto namedto Plaintiffs, named Plaintiffs, however, however, I think theI think the Second, the Second, agency thehas agency an obligation has an obligation longstanding longstanding practice and practice this order. and this order. government government would be would in a very be untenable in a very untenable to apply policy to apply consistently. policy consistently. Third, Third, position ifposition the government if the government continuedcontinued to to deliberative deliberative process information process information is part is part labor prior certifications labor certifications shall shall 4. The priorThe deny H2Bdeny applications H2B applications in Guam in based Guam on based on Like Us On Facebook

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temporary need given the court’s ruling in the injunction.

of the preliminary injunction motion or whether it should have been granted.”

Now that we have survived the Motion to Dismiss, the case proceeds to the Summary Judgment stage. Both parties will simultaneously brief and argue why the case should be decided in their favor. The court will schedule oral arguments on the Motions for Summary Judgment and once the court issues a ruling on Summary Judgment, that will dispose of the litigation once and for all unless either party appeals to the 9th Circuit.

On February 6th, 2018, Plaintiff’s filed Response to Defendant’s Motion for Clarification: The Defendants maintain that “none of the H2B petitions being challenged by the named Plaintiffs in this lawsuit remain valid, and all of the corresponding temporary labor certifications (“TLCs”) for those invalid H2B petitions have most likely expired.” The Plaintiffs have several responses to this: First, the Motion for Class Certification remains pending without a decision. Plaintiffs intend on filing a Motion with the Court requesting a decision on the Motion for Class Certification prior to the dispositive motions on this case are heard. If the Motion for Class Certification is granted, then the injunction would cover all similarly situated individuals, some of whom may still have valid labor certifications that are eligible for prospective relief if their H2B petitions are reopened. Second, if the government is concerned with the stagnation or expiration of previously issued labor certifications, the Plaintiffs (and proposed class) can always initiate the process of re-obtaining a new valid labor certification and submit this to the USCIS upon reopening of the H2B applications. In this

Subsequent Motions

On February 3rd, 2018 Defendant filed a Motion for Clarification: “The Government is filing this motion in order to clarify what seems to be an inconsistency in a narrow portion of the Preliminary Injunction Order issued on January 24, 2018, ECF No. 81 (“the Order”). Specifically, the Government seeks clarification on the Court’s language regarding the applicability of the named Plaintiffs’ prior labor certifications on any future-filed H-2B petitions. Id. at 33. Through the instant motion, the Government is not seeking to reargue the merits

manner, there would be a valid labor certification available once the H2B petition is reopened such that this would no longer be a concern. Third, the Plaintiffs anticipated this issue in the injunction and did not want for the USCIS to have an “easy out” from approving the H2B petitions because the labor certifications had expired. For this reason, the Plaintiffs specifically requested that the labor certifications be validated nunc pro tunc from the time they were originally certified through the entire period requested in the original H2B petition. Effectively, then, if an employer originally requested nine months for workers, the revalidated labor certification would be valid from the time it was originally certified through nine months from the date the H2B application is reopened by USCIS (assuming it is approved). The Chief Judge Tydingco-Gatewood has not ruled on these two motions.

The foregoing is adapted from the Summary of the Order Regarding the Motion to Dismiss and Preliminary Injunction provided by Attorney Jeff Joseph shortly after the Order was issued. Foot notes and other text was omitted for sake of brevity and to highlight information of interest to Guam employers.


CRANE CRITIQUE

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CRANE STANDARDS Why are there so many?

A monthly crane and rigging informative column for all personnel directly or indirectly involved with crane safety. Each month we will attempt to explain a different technical issue pertaining to crane operations here on Guam, addressing the sometimes over-looked or misunderstood topics by management and operators alike. By Dave Barnhouse One of the most confusing issues regarding crane operations I find most operators have trouble understanding is the subject of which crane standard is applicable for the particular crane or operation he is involved with. This is understandable as some of the many different standard institutes and organizations worldwide cannot agree on the industry standard system. Many countries have their own standard system by national organization or sectors. European Crane Standards EN 13001 is causing quite the stir in the crane industry, mainly because of the function by-pass procedure and capacity percentages differences with the U.S. standards, making crane sales between the two regions difficult. The International Organization for Standardization (ISO) has approved two new standards that will help reduce the risk of accident to people and properties when crane operations are involved. Cranes – Inspections – Part 1: General, ISO 9927-1:2009, specifies the inspections to be carried out on cranes, excluding inspections carried out prior to first use.  It covers inspection, methods of inspection, inspection personnel, precautions for inspection, and results of inspection. In an effort to promote effective crane inspections worldwide as well as remove technical barriers to the international trade in cranes,  ISO 23814:2009, Cranes – Competency requirements for crane inspectors, addresses personnel performing periodic and exceptional inspections of these devices. Within this article lets concentrate on the crane standards that we are mostly 14 | FEBRUARY2018

involved with. Maybe three or four primary standards, but more like three or four dozen if you count them all. Let’s look at some of these codes and standards and test your knowledge. • The primary industry group, CMAA — Crane Manufacturers Association of America, Inc. — provides standards, specifications, market research initiatives, industry statistics, literature and publications. • The Hoist Manufacturers Institute (HMI), which is part of MHIA, provides a variety of Educational Materials, Marketing Information and Standards Development as they relate to hoisting equipment. • The Monorail Manufacturer’s Association (MMA) is another arm of MHIA that offers guidance and oversight for Enclosed Track workstation cranes and monorails as well as Patented Track and Profile Girder monorail systems. • MHIA (Material Handling Institute of America) NFPA 70, Article 610, Cranes and Hoists • The Power Crane & Shovel Association (PCSA) provides services tailored to meet the needs of the lattice boom and truck crane industry, (PCSA #2 incorporated by reference by OSHA 1926.1433(a). • The ASME B30 standards covers the types of vertical lifting equipment found in the majority of work environments including tower cranes, mobile cranes, and overhead cranes. It also addresses many other types of lifting equipment found in special work environments including detachable hardware for lifting www.guamcontractors.org

purposes, such as rigging, slings and below-the- hook lifting devices. • The American National Standards Institute (ANSI) is a privately funded federation of business and industry, standards developers, trade associations, labor unions, professional societies, consumers, academia, and government agencies. ANSI does not itself write standards. ASME is more inclined towards setting codes and standards for mechanical devices. ANSI accredits standards for the products, processes, systems, services, and resources of the United States. Most of the applicable ASME Standards are listed here: • ASME – B30.2, Overhead and Gantry Cranes (Top Running Bridge, Single or Multiple Girder, Top Running Hoist) • ASME – B30.3, Tower Cranes • ASME – B30.4, Portal Cranes Like Us On Facebook


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• ASME – B30.5, Mobile Cranes • ASME – B30.7, Base Mounted Drum Hoists

• ASME – B30.8, Floating Cranes • ASME – B30.9, Slings • ASME – B30.10, Hooks • ASME – B30.11, Monorails and • • • •

Underhung Cranes ASME – B30.16, Overhead Hoists (Underhung) ASME – B30.17, Overhead and Gantry Cranes (Top Running Bridge, Single Girder, Underhung Hoist) ASME – B30.20, Below-the-Hook Lifting Devices ASME – B30.21, Manually Lever Operated Hoists

Then of course there is OSHA. There is some confusion in the industry regarding crane configurations and the application of OSHA regulations. Most of the readers of this article know that stand alone ASME standards are not enforceable by law and are non-mandatory unless incorporated by reference by OSHA, which the above listed standards are. But do your homework if ever involved with crane litigation or writing safety policies. Case in point: OSHA 1910.179 covers overhead cranes. If you understand this section you will know that OSHA does not cover underhung cranes, overhead hoists, or monorails, which are covered by ASME B30.11 and ASME B30.16. As a general rule, if both the crane bridge and trolley hoist travel on top of a rail or equivalent, the crane is subject to OSHA 1910.179 regulations. If any load-bearing member of a crane or monorail travels on an internal or external lower flange or equivalent, it is not subject to OSHA regulations. So, even though OSHA does not address these types of

cranes and are not regulated by OSHA 1910.179, ASME and ANSI both have standards regarding the construction, installation, maintenance, inspection and safety of these cranes. OSHA may use the standards set forth by organizations like ANSI and ASME to regulate these cranes under its general duty clause. OSHA will issue a General Duty Citation for serious circumstances where employees are exposed to hazards that present a substantial probability of death or serious injury. Another specific case involved the requirement of ‘lugs’ on underhung cranes. Are they required? Most would answer yes, because ASME B30.11 requires them. Facts: OSHA does not require lugs on underhung cranes and grandfathering and technical correctness may exist until an accident. After the accident, OSHA may use the B30.11 lug requirement via the General Duty Clause. In other words, whether OSHA incorporates a specific standard or not, employers can be held liable for not complying with ‘voluntary’ standards. OSHA even incorporates by reference the welding code to follow if welding on a crane, AWS D14.1, Specification for Welding Industrial and Mill Cranes and Other Material Handling Equipment. • The most followed standards by Guam’s construction crane industry is of course OSHA 1926.1400 Subpart CC, applicable for most all cranes on a construction site. Exception would be perhaps if a boom truck delivered materials to a job site and unloaded onto the ground only, it would be considered general industry use, under 1910.180. This still has rules and regulations to follow but some differences such as the operator qualifications are not as stringent. However, on Navy or Air Force

property the same crane may require compliance with: • U.S. Army Corps of Engineer EM 385-1-1 30 November 2014, Section 15-Rigging and Section 16-Load Handling Equipment (LHE), which is just as stringent as 1926.1400. • Contracts on the Navy using cranes also need to comply with section 11 of NAVFAC P-307 – Weight and Handling Program Management. These requirements apply to any contracted work utilizing cranes (and multi-purpose machines, MHE, and construction equipment used to lift loads suspended by rigging gear) and to all rigging equipment used in weight handling operations at a naval activity.

Please e-mail any comments, questions, or specific topics you would like to see addressed in this column to dave@islandcerts.org and we will certainly attempt to accommodate your requests.

Dave Barnhouse resides in Tamuning and has been involved with operations, maintenance, operator training, and/or inspections, of cranes since 1969. He is a Certified Environmental Trainer, CHST, NCCCO and CIC certified crane operator, NCCCO Lift Director, NCCCO Level II Rigger, Crane Institute of America practical examiner for all types of mobile crane operators, riggers, signal persons, and the only OSHA accredited crane inspector on Guam.

‡ Comprehensive inspections offered for heavy equipment, cargo containers, above-ground storage tanks, and structural welds ‡ Relevant heavy-equipment operator training: Rigging, cranes, excavators, forklifts, aerial lifts, bucket trucks, etc. ‡ OSHA safety training and onsite consultations ‡ Welder qualification testing

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FEBRUARY2018 | 15


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Building a Home By: R.D. Gibson


CONSTRUCTION NEWS BULLETIN

Nearly two years ago, our island saw the cultures and people of the Pacific arrive on our shores. It was a site to see. Possibly a once-in-a-lifetime experience for many: seeing the vessels of our ancestors pull into the Hågatña Boat Basin as the sun rose above the horizon. You see, as we learned from FestPac, we are not all that different. Culturally, we share many similarities. A younger generation met a slightly seasoned one that demonstrated the vitality of perpetuating one’s cultural practices. Government agencies, local business partners, and a community also came together to celebrate in the multicultural spectacle of FestPac. Throughout the years, the island has seen a cultural resurgence – a renaissance if you will. Artists, practitioners, linguists, and others are working continuously to continue, share, and educate others about the traditions of the people of Guam and the Mariana Islands. Even more, there has to be an overwhelming sense of pride when businesses are seeing the importance and benefits of participating in said traditions and sharing them with the communities. This does not include just doing business here, but being part of the island family. According to their website, “Matson is committed to providing the superior reliability you’ve come to expect from us over the past 21 years.” Overall, we’ve seen the shipping giant provide the quickest transit time in the region from the US West Coast, new technology systems to deliver real-time shipment information, and generally speaking, efficient services for their customers. “Our investments today mean your business can rely on Matson…,” the website emphasized. Their reach can be felt from Long Beach and Oakland to Kwajalein and Okinawa. Matson, like the ancient Chamorros, are masters of the sea. Sure, the saina did not include an estimated time of arrival on their voyages, but similarly they used the ships to navigate the trade routes of the Pacific.

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FEATURE STORY

In 2016, the island started hearing the conch shell’s blaze about a Matson’s headquarters being based and built in Guam. Instantaneously cargo ships, 20-foot containers, warehouses, and bland-colored spaces provide the perfect imagery for shipping companies. When people thinking of a company like Matson, the Port Authority of Guam might pop into our heads. But, now, Matson has a central location in Anigua overlooking the ocean. The office space is the brainchild between three heavy-hitters in the industry. It is designed primarily by RIM Architects and built by Black Construction Corporation, with the influence and expectations set by Matson itself. With their vision, a clear budget, a team mentality, the project took off. “Specific design and construction details were developed throughout the process with the focus always remaining on owner value,” said Don McCann of Black Construction Corporation. This demonstrated a sense of inafa’maolek – a major tenet in Chamorro culture on the basis of harmony and unity. This was especially evident in the work of several local subcontractors who lent their expertise toward the project. The likes of APS, Ten Bulls ,EMI, Island Elevator, Urethane Services, Guam Exterminators, and Hawaiian Rock Products round out the group of contractors now part of the Matson guma’. McCann said, “It was an honor to be selected to work for Matson on their Guam Headquarters.” He continued by pointing to their long-time partnership with Matson’s shipping services and now with their construction services on the building. “It was also an honor to again work with RIM Architects continuing a relationship that goes back almost 30 years,” added McCann. Phill Noret, Project Archtect of RIM Architects discussed the design of the building. “There are thousands of things that go into the design of the building, but the main focus is what are the needs of the client.” He elaborated how the space needs to meet their requirements, how buildings systems work together, for cost and energy

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FEBRUARY2018 | 19


FEATURE STORY

CONSTRUCTION NEWS BULLETIN

efficiency. RIM Architects was the lead designer but was “supported by Englekirk Partners for structural, Coffman Engineers for mechanical, Wixon and Associates for electrical, and Duenas Camacho and Associates for civil,” stated Noret. “Matson was established in 1887 in Hawaii. They transported food, plantation supplies and general merchandise between the Pacific Coast and Hawaii,” said Neil Mercado, Project Designer for Rim Architects. Mercado goes on to say how the inspiration came from “Hawaiian Plantation Architecture”, shipping containers, and Matson’s business profile and services. “The massing and form resembles stacked containers to have the sturdy and structural ability to withstands (sic) all kinds of elements. The Hawaiian Plantation House has large window openings, natural ventilation, and natural lighting,” said Mercado. Though designed with Hawaii in mind, the plantation design somewhat resembles a latte’ structure if looked at closely as well – a parking level under the structure itself. It might not be the thatched-roof huts of the ancient people of Guam, but it comes pretty close. With sustainability in mind, RIM Architects made it their mission to include it in their design though the building was not designed for LEED certification. Noret described how “[RIM Architects] always try to put in energy efficient lighting, energy efficient mechanical systems, low e tinted glazing to cut down on heat gain from the windows, recyclable materials, and low VOC materials to provide a better environment for the building occupants.”

In Guam, the home is paramount. Families are strong, perseverant, and supportive. Matson’s family is that much stronger with this building, but more than anything, it appears Matson created a home for their employees and a central, welcoming space for their customers. But, Matson has done more than that. Matson maintains the need of keeping Guam at its focus – not just business-wise, but culturally. As Guam’s ancestors did for thousands of years before, Matson has continued a tradition of having Guam serve as its hub of operation in the Pacific. This building is secondary because the heart of how, who, and why the building was built resonates with cultural values of family, perseverance, and dedication.

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By: John S. Aguon


CONSTRUCTION NEWS BULLETIN

Just off Route 8, west of Barrigada’s Tri-Intersection, you will find yourself in the shadow of the GCA Trades Academy. Established in October 2006, the school/training center has been an obvious workforce development leader fulfilling the education component for the construction sector on Guam. Since its humble beginnings it has been a true producer of focused trades workers, completing over 30,000 class modules—all certified by NCCER (https://www.nccer.org). NCCER is recognized by the construction industry as the training, assessment, certification and career development standard for the construction and maintenance craft professional. Taking the next step in their growth, GCA Trades is making a literal move to new digs.

FEATURE STORY

According to Dr. Bert Johnston-Edcuation Director for the academy, “We are purchasing two existing warehouses, adjacent to Guam Department of Education headquarters, in Tiyan, which will be converted into classroom, shop, and office space for our new location.” With a total of 20,000 square feet, and the permanizing of their facility, Johnston expresses his optimism at the near-and-far field future prospects. He says, “We’ll be able to increase our number of classrooms, and take on more students.” That capability spills into the need to support the construction sector’s appetite for better and better-trained workers; and, at a time when a refresh of the sector is ramping up for the wave of military construction activity. Practically speaking, the target for completion of the renovating of the new Tiyan location is, “December of this year,” offers Johnston. He continues, “The RFP will be published by this Friday (Feb. 16th).”

Dr. Bert Johnston, Mary Okada, Graeme Ridely, and Monty McDowell at the GCA Trades Office announcing the new building

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FEBRUARY2018 | 23


PHOTO HIGHLIGHTS

CONSTRUCTION NEWS BULLETIN

GCA Luncheon JANUARY 17, 2018 WESTIN RESORT GUAM

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CONSTRUCTION HEADLINE

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NEW PAY GPWA APP FOR GPA and GWA CUSTOMERS AVAILABLE FOR DOWNLOAD AT APPLE APP STORE “Guam Power Authority customers can make use of a new Pay GPWA mobile app for Apple iPhone users, available now for download at the Apple App store,” said GPA General Manager John M. Benavente, P.E. “This new, downloadable payment portal for Apple mobile phone users just became available to GPWA customers, and compliments the mobile app for android users previously made available, both of which provide a greater convenience for our customers,” added Benavente. The new payment portal enables GPA and GWA residential customers to make payments on their electric and water accounts. Customers will need to complete a separate registration process for each utility, using their account information. Currently, account balances and the ability to make payments are available on the just released version. Future features that will become available at a later date will include the ability to view payment history, consumption over a period of time, make changes to an account such as updating a mailing address and phone number; as well as announcements of scheduled outages or new services for customers. “The mobile payment portal for Apple and Android users alike is but one of the continuing innovative technological improvements GPA has made and the Authority remains committed to exploring new innovations, operational efficiencies and organizational effectiveness to serve its mission of delivering reliability, quality service and affordability to our ratepayers,” concluded Benavente. For More Information Contact Patricia L. Diego, Acting Communications Manager/PIO Phone No.: 648-3000 X.3226

The Pay GPWA Portal is now available for download on your App Store.

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It’s an essential part of your blueprint. If you’re building something, you need the materials to get it done – glass, iron, steel, lumber, paint, pipe, cement, electrical wire – the list goes on and on. It also helps to have the services of Matson. Our ships carry everything your project calls for, with shipping schedules that match your construction schedule and minimize your inventory and warehousing costs. You can also count on our celebrated customer service and online cargo tracking to help ensure that your project is completed the way it should be – under budget, on time, and shipshape.

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NAWIC NEWS

CONSTRUCTION NEWS BULLETIN

Hafa Adai! NAWIC Guam held its Masquerade membership gathering on January 27, 2018, at Papa's. The purpose of this event was to show our appreciation to our members and guest for their continued support as we bring in the new year. It was a great turnout and they had tremendous of fun and networking. We also held our annual Block Kids Lego competition on Saturday, February 03, 2018 at the Guam Community College. Our objective is to provide awareness to our young generation on career opportunities in the construction industry.  We had 105 participated ranging from 1st to 5th grades. This event brought out their creative ideas and they had a chance to build something great. Participants built amazing projects from cranes, solar systems, buildings, homes, waterwells etc.  They proudly built their projects with pride and accomplishment.  As NAWIC continues to promote success in the construction industry, we are planning WIC week. We invite you to attend our Women in Construction Proclamation signing on Friday, March 02, 2018.  "As material for the construction of our building. I pledge the agility of my hands, the ability of my mind and the integrity of my heart." 

NAWIC

Masquerade Membership Meeting January 27, 2018 Papa's Restaurant

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CONSTRUCTION NEWS BULLETIN

NAWIC NEWS

BLOCK KIDS

FEBRUARY 3, 2018 GUAM COMMUNITY COLLEGE

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FEBRUARY2018 | 29


AROUND THE BENCH

CONSTRUCTION NEWS BULLETIN

By: Dave Hicks

Working smarter, faster, and maintaining quality is the focus of this column. Each month I’ll be introducing construction product innovations that are intended to help contractors install with quality, install with time saving, and sometimes install in difficult or tight circumstances. This month’s focus is improving the quality and shortening the installation time of metal conduit. Although, metal conduit (EMT, IMC, RGC, RAC) have been around for years there is still room for improving installation methods. Three readily available innovations that improve the quality and speed of conduit installations include: Use twenty-foot (20’) conduit lengths instead of the traditional 10’ lengths. Twenty-foot conduit lengths may not be suitable for all installations, but where the contractor has long runs with few bends this may be something to consider. This can improve quality by making it easier to have straighter runs. Labor savings can be 30% to 50%, not only because of you’re making half as many connections, but also because you’re moving half as many pieces on your scissor lifts and other equipment. There is additional material savings due to reduced use of couplings.

30 | FEBRUARY2018

Projects where twenty foot lengths work well include: projects with long runs and projects with elevated conduit installations. Some of the challenges with twenty-foot conduit lengths come in logistics. Moving the material to the job-site and handling the conduit at the jobsite. These can be overcome with a little planning. Wheatland has an App that can help calculate the savings you would experience using 20’ lengths instead of 10’ lengths for your specific project. Pre-installed couplings. Another innovation, that has been around for a while are pre-installed couplings. There are various of type of couplings that come pre-installed including raintight, swivel couplings, and set screws. The focus of this type of innovation is primarily time savings and ease of use for the installer. Since the coupling comes pre-installed, there is not an additional set of items to carry to the job-site and ½ the job of installing the coupling is already done since it is already installed on one side of the connection. The use of swivels and set screws further add to the ease and quickness of the installation.

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Colored EMT Conduit. Colored EMT conduit is being used to improve circuit identification. This simple innovation provides its own built-in labeling system for critical systems and ease of future maintenance. Multiple colors are typically available. I hope this column has been helpful and helps improve the quality, timeliness, and profitability of your current and future project.

Dave Hicks is a projects manager at America’s Best ElectricMart, Inc., a Guam based electrical and utility material distributor. If you have questions or comments regarding the topic presented, or would like any additional information he can be reached at dave@abemart.com. Suggestion for future topics are also welcomed.

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SMALL BUSINESS NOTES

CONSTRUCTION NEWS BULLETIN

Wanted: A Few Good Men and Women

The GCA Small Business Committee supports small business members of the association to ensure their voices are heard and needs are met within GCA capabilities. Do you have an issue or concern that we might be able to assist with? Do you have an idea or suggestion that may benefit our small business community? Help us help you by joining us at our monthly meetings or contact: Lysander “Al” Star (Chair) 647-7870 islaroofing@guam.net Jane Ray (Co-Chair) 735-2595 jane@pacificsbdc.com Gerardine Mendiola (Co-Chair) 647-2895 gmendiola@guamptac.com Our next meeting is on Tuesday, Feb. 27th , 11:30 AM at the GCA conference room 202. Please RSVP with Elaine Gogue. Her email address is elaine.gogue@guamcontractors.org

GUAM PTAC

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February 2018 These next four workshops are geared towards businesses that are new to Federal contracting or want to freshen up on the basic requirements. They are also good topics to have mastered before the March Guam Industry Forum. For Project Management Professionals, Guam PTAC workshops may count toward your annual Professional Development Unit (PDU) goals!

2/15/18 - FedBizOpps & NECO These are the two main sites for finding Federal opportunities. We will give you tips on how to search the sites as well as setup automated searches. 2/22/18 - Capabilities Statement Primes and contracting officials don't have time to read a 20-page history of your company. We will show you how to create this essential, 1-page marketing tool.

Source: Federal Business Opportunities (FBO) and Federal Procurement Data System (FPDS).

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For more information, contact the Guam PTAC at (671)735-2552 or visit www.guamptac.com

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MILITARY NEWS

CONSTRUCTION NEWS BULLETIN

small biz notes In spite of the Continuing Resolution (CR) which funds the government through February 8th, awards in January continue to pick up for the Department of Defense. About $57.5M was awarded to Small Business (SB) concerns on Guam for a variety of products and services through 31Jan2018. Socio-economic breakdown follows: • $28M - Small Disadvantaged Business (SDB) • $41.3M - HUBZone Small Business (HZ) • $5.5M - Women-Owned Small Business (WOSB) • $889K - Service-Disabled Veteran-Owned Small Business (SDVOSB) In January: • Reliable Builders, Inc. was awarded about $20M for the construction of a hardened Wing Installation Control Center at Andersen Air Force base. • Tikigaq Construction LLC was awarded about $921K to replace a 12-inch waterline on Naval Base Guam. • They were also awarded about $419K to make repairs at Fena Reservoir on Naval Base Guam. • Landscape Management Systems Inc was awarded about$132K for additional grounds maintenance and tree trimming services on Andersen AFB and Naval Base Guam.

in case you missed it:

nding for am PTAC co-sponsored a "Bo mittee, Guam SBDC, and Gu rance are Com s insu ines and Bus g all din Sm Bon A . GC am The 8 at the University of Gu 201 24, y uar Jan on of on op Bar m ksh tracts. Mr. Ada Small Business" wor are required on all federal con and s ines bus of ful cess Tan cy suc a Nan ng . crucial to operati ociates, Inc., and Ms . Bobbie Salas of Takagi & Ass grams. Ms , pro g rers din Insu bon ted up ocia ing Ass sett ’s Cassidy ms as wel l as tips on gra pro ce ran insu s ines bus d Moylan’s Insurance discusse

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1

Bakery Mechanic

4

www.guamcontractors.org TOTAL Construction H-2B Workers

Total OTHER Construction

Other Construction Occupations

Employers Workplace Monthly Report Statistics

Total Non-Construction H2-B Workers

3

Baker

Other Non-Construction Occupations

GUAM DEPARTMENT OF LABOR Alien Labor Processing Certification Division

31

0

35 0 0 0 0 0 0 0 0 0 35

35 Grand Total H-2B Workers

0

10

20

30

40

50

60

70

80

90

Total U.S. Workers

Grand Total H2B Workers

US Workers vs. H-2B

78

Total U.S. Workers

100

1 3

Total H-2B Employers

2 Non-Construction

Construction

Employers By Industry

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

Workers by Nationality

31

0

Heavy Equip. Operator

Total Common Const.

0

Sheetmetal Worker 0

0

Plumber

0

0

Structural Steelworker

Camp Cook

0

Electrician

19

Reinforcing Metalworker

12

Carpenter

Cement Mason

Common Construction Occupations

MONTH ENDING: January 2018

Korea Thailand 0.00% 0.00%

0.00%

0.00%

0.00%

0.00%

61.29%

0.00%

0.00% 0.00%

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 0.00%

38.71%

Common Construction Occupations

Philippines 100.00%

Japan 0.00%

Australia 0.00%

Italy 0.00%

H-2B Population by Nationality

REPORTS/ INFORMATION CONSTRUCTION NEWS BULLETIN

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GCA Construction News Bulletin February 2018  

Guam Contractors' Assn. Monthly Construction News Bulletin is Guam's official construction news publication.

GCA Construction News Bulletin February 2018  

Guam Contractors' Assn. Monthly Construction News Bulletin is Guam's official construction news publication.