GCA Construction News Bulletin December 2021

VOL. 62 ISSUE12 DECEMBER2021 • GUAM CONTRACTORSʼ ASSOCIATION

WE CAN!

RENT CAT. RENT MORE. ®

R

R

R

Whether you are looking to supplement your current fleet or trying out a new piece of equipment before you buy, the Cat Rental Store offers the best selection of late model, low-hour Cat and Allied brand equipment, and power generation systems available. With every rental, you will know you are using the best piece of equipment available for your job. ®

R

Whether you know what the job requires, or something changes along way, the Cat Rental Store Customer Portal is built to meet your rental needs. Sign up today! ®

®

Visit us online today to view our full inventory of low hour, late model machines available for immediate rental.

The Cat Rental Store App is available now for both iOS and Android. ®

www.hawthornecat.com

671.649.4257

© 2021 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, LET’S DO THE WORK, their respective logos, “Caterpillar Yellow”, the “Power Edge” and Cat “Modern Hex” trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission. www.cat.com / www.caterpillar.com

GCA Construction News Bulletin June 2021.indd 1

6/1/21 3:18 PM

TABLE OF CONTENTS

12

16

CONSTRUCTION NEWS BULLETIN

DECEMBER

2021 8

S.A.M.E. UPDATE

10

SMALL BUSINESS NOTES

12

FEATURE STORY

16

CONSTRUCTION HEADLINE

18

NAWIC NEWS

20

NEWSLINE

24

REPORTS/ INFORMATION

NOW ACCEPTING ONLINE PAYMENTS VIA PAYPAL

VISIT OUR WEBSITE FOR MORE INFO 2 | DECEMBER2021

www.guamcontractors.org

facebook.com/GuamContractors

www.morricoequipment.com

EQUIPMENT FOR SALE FREIGHTLINER TRUCKS :

Used 2007 Freightliner 16 Ft FB, New Palfinger Mercedes Eng, Auto Trans $ 80,899.00 +GRT.

PITTS LOWBOY TRAILER :

Used 2009 Model HD 35 Hydraulic Tail Lowboy, 70,000 pound cap. $ 56,899.00 + GRT.

FREIGHTLINER TRUCKS :

New 2022 Freightliner HD Dump Trucks, Mercedes Eng, No DEF, Allison Trans.

On Guam.

FREIGHTLINER TRUCKS :

Used 2006 M2 106 14-16 CY Dump Truck, 8 Spd Manual, Mercedes Eng, 300 HP, 60,100 Miles. $ 85,000.00 + GRT.

HYUNDAI FORKLIFTS :

Call or click for prices.

New 2020 2.5 Ton LPG only Forklift.

New 2022 3.0 Ton Diesel Only Forklift.

New 2022 5.0 Ton Diesel Only Forklift.

Used 2005 M2 112 Tractor, 450 HP Mercedes Eng, 12 Spd Manual Only 89,000 Miles. $ 85,299.00 + GRT.

Used 2002 NPR 14 Ft Box Truck, Auto, 175 HP, $ 19,300.00 + GRT.

Used 2013, 14 & 16 Ft Reefer Body with Lift Gate.

2007 Freightliner 18 Ft Stake Flatbed Lift Gate.

www.morricoequipment.com Tel: (671) 649-1946

EDITORIALS

CONSTRUCTION NEWS BULLETIN

THEDIRECTORS

THEEDITORIALS

THETEAM

PRESIDENT James 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

CHAIRMAN Bill Beery Tutujan Hill Group VICE CHAIRMAN Grace Jacot SET Pacific

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.

SECRETARY/TREASURER Joe Roberto East Island Tinting PAST CHAIRMAN Peter Errett Hawaiian Rock Products CONTRACTOR DIRECTORS: Don McCann Black Construction Corporation

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.

Lucia Wood APTIM Kathleen David Pacific Rim Constructors

Distributed to GCA members or can be obtained by stopping by the Guam Contractors’ Association office located at 506 Mariner Ave., Barrigada, Guam 96913

Brian Holm Hensel Phelps Albert Smith SmithBridge Guam

To find out more about how you can become a GCA member contact Guam Contractors’ Association at Tel: (671) 647-4840/41 Fax: (671) 647-4866 or Email: gca@teleguam.net. www.guamcontractors.org

ASSOCIATE DIRECTORS: Jose Garcia First Hawaiian Bank Mark Cruz MidPac Far East Bill Bernardo Conwood

AD SALES: Jaceth Duenas Keneisha Fortes PRODUCTION: Jason Davis Geri Leon Guerrero Christopher “Taco” Rowland EDITOR: Adztech CONTRIBUTING WRITERS: Pete Diaz R.D. Gibson Selina Ashland GCA STAFF: Desiree Lizama Elaine Gogue Francine Taitague Trevor Cruz COVER: Merry Christmas to our members and families of the Guam Contractors Association.

Postmaster. Send address changes to Guam Contractors’ Association, located at 506 Mariner Ave., Barrigada, Guam 96913

Camilo Lorenzo Matson Navigation

GCA

PRODUCTION TEAM LEAD: Geri Leon Guerrero

TRADES ACADEMY B u i l d i n g

S k i l l s

F o r

A

L i f e t i m e

Guam Contractors Association

4 | DECEMBER2021

www.guamcontractors.org

facebook.com/GuamContractors

PRESIDENT’S LETTER

CONSTRUCTION NEWS BULLETIN

PRESIDENT’S LETTER Hafa Adai GCA Members: As 2021 comes to an end, I wanted to wish our GCA Members a very Merry Christmas and a prosperous and healthy New Year in 2022 2021 has been challenging year for GCA. We missed our interaction and networking among our members and also the career exploratory events that allowed us to reach out to our middle and school students to encourage them to consider a career in construction. We are anxious to see it leave but let us all be thankful for what we have and not dwell on what we have lost.

We are especially thankful for all our members who have endured the hard times with us this past year and I believe our resilience will bring us back to better times.

Let us all be thankful for our health and our family, friends, and co-workers.

From the GCA Board of Directors, Staff and Management we wish our members a

Sincerely, James A. Martinez

Guam Contractors Association

6 | DECEMBER2021

www.guamcontractors.org

facebook.com/GuamContractors

S.A.M.E. UPDATE

CONSTRUCTION NEWS BULLETIN

Society of

NEWSLETTER NEWSLETTER DECEMBER DECEMBER2021 2021

American Military Engineers

ANNOUCEMENT 25 FEB 2022 (Deadline) Charlie Corn Scholarship Application is now available! www.same.org/Guam/Scholarships Purpose: Develop engineering and architecture talent among permanent residents of Guam, the Commonwealth of the Northern Mariana Islands, Federated States of Micronesia and Republic of Palau.

NOVEMBER GENERAL MEMBERSHIP MEETING RECAP:

AN OVERVIEW OF THE ENFORCEABLE POLICIES OF THE GUAM COASTAL MANAGEMENT PROGRAM Edwin Reyes, Administrator, Guam Coastal Management Program (GCMP) Bureau of Statistics and Plans (BSP), presented at our November General Membership Meeting. The GCMP is responsible for the land-use and natural resource planning duties of BSP. It’s goal is to ensure the responsible and balanced use of Guam’s coastal resources through improving management and policy systems, optimizing planning, creating awareness, and improving the administration and enforcement of natural resource-related laws and regulations.

Figure 1: GCMP Form and Function

16-19 FEB 2022 SAME Career Transition Workshop In-Person Event, Linthicum, MD.

Figure 1 illustrates the form and function of the GCMP to integrate its policy-making efforts with public and private interests engaged in physical, social, and economic development planning for the island through a process and mechanism in which duly adopted policies of Guam are linked and considered with all elements of decision-making among governmental and nongovernmental coastal uses.

22-24 MAR 2022 Capital Week, featuring the DoD and Federal Agency Program Briefings.

The following 18 enforceable policies, pursuant to Executive Order No. 78-37, are embodied in the Guam Comprehensive Development Plan and apply to all agencies and instrumentalities of the Government of Guam:

SAVE THE DATE 12 JAN - 02 FEB 2022 SAME Career Transition Workshop Online Training Tuesdays.

10-13 MAY 2022 Joint Engineer Training Conference & Expo. Virtual and In-Person Event, Aurora, Colo. Visit www.samejetc.org

No General Membership Meeting in December!!!!

Happy Holidays Meetings resume in January 2022!

A. B.

Government Processes Policy Development Policies 1.

Shore Area Development 2.

Urban Development 3.

Rural Development 4.

Major Facility Siting 5.

Hazardous Areas 6.

Housing 7.

Transportation 8.

Erosion and Siltation

C.

Resource Policies 1.

Conservation of Natural Resources - Overall Policy 2.

Air Quality 3.

Water Quality 4.

Fragile Areas 5.

Living Marine Resources 6.

Visual Quality 7.

Recreational Areas 8.

Public Access 9.

Agricultural Lands

As a member of the Application Review Committee (ARC) and Guam Seashore Protection Commission (GSPC), BSP plays a central role in coordinating with and building capacity of resource management partners to provide development guidance and project review functions. Section 307 of the Coastal Zone Management Act of 1972, called the federal consistency provision. In general, federal consistency requires federal actions comply with enforceable policies of a federally approved coastal management program.

An example GCMP’s enforcement of the land use policies is with the new Ukudu Power Plant.

Reasonable and foreseeable effects to visual quality was determined. See the rendering in Figure 2. Conditions for approval included: Figure 2: Ukudu Power Plant Stack Render 1) establishing green corridors, 2) setback and buffer perimeter fence with green space; 3) incorporate color scheme or murals and architectural design of the plant to maintain natural charm of Guam.

8 | DECEMBER2021

www.facebook.com/SAMEGuamPost www.guamcontractors.org

Website: www.same.org/Guam facebook.com/GuamContractors

S.A.M.E. UPDATE

CONSTRUCTION NEWS BULLETIN

42nd CHARLIE CORN SCHOLARSHIP GOLF TOURNAMENT NOVEMBER 11, 12, 13, 2021 ● STARTS GOLF RESORT, DEDEDO

Thank you to all our volunteers and generous sponsors!!!

Platinum Sponsors ($2,000)

Hole-In-One Prize Sponsor:

In-Kind Sponsors Ambros, Inc. MidPac Distributors Marianas Brokers, Inc. Toves 8, LLC Beachin’ Shrimp

Gold Sponsors ($1,000)

Silver ($500)

Bronze ($300)

Jay Sevilla / Abel Lumba 1st Place (2 x $350) Len Thompson / Mateo Matanane 2nd Place (2 x $300) Phil Santos / Frank Cruz 3rd Place (2 x $250) Emily Sunga / Louie Sunga Best Gross: (62) (2 x $200) NO WINNER Hole In One W3 (Ford Bronco) Mike McCartney Closest to the Pin, W8 ($150) Ken Lape Longest Drive, W9 ($150)

Golf Committee Leaders:

FARGO PACIFIC, INC.

facebook.com/GuamContractors

Congratulations WINNERS!!!

www.guamcontractors.org

Jon McDonald, Chair Frontier Supply John Paul ‘JP’ Dierking, Co-Chair KHLG & Associates Charles Hazzard, Co-Chair DZSP21 Art Chan, Co-Chair Hawaiian Rock Products

DECEMBER2021 | 9

SMALL BUSINESS NOTES

CONSTRUCTION NEWS BULLETIN

join our SB Community!

• 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?

L-R: James Martinez, Joe Roberto, Adam Baron, Bill Bernardo, Elaine Gogue, Theresa Crisostomo, Tom Roberto, Jaylene Kent, Gerardine Mendiola, Jane Ray, Philip Leddy, Ken Lujan.

HELP US HELP YOU BY JOINING US AT OUR MONTHLY MEETINGS OR CONTACT: Lucia Wood (Chair) Theresa Crisostomo (Vice-Chair)

(671) 777-8425 lucia.wood@aptim.com (671) 588-5972 theresac@jwsguam.com

GUAM PTAC FREE Live Webinars Procurement Integrated Enterprise Environment (PIEE)

12/16 2021

12/23 2021

12/30 2021

10 | DECEMBER2021

Department of Defense (DOD) vendors use the Wide-Area Workflow (WAWF) module in the Procurement Integrated Enterprise Environment (PIEE) system to create, submit, and track their invoices. We will show you how to setup an account and submit an invoice so you get paid on time.

FAR Clauses Explained Confused by all the FAR clauses referenced in government solicitations? The Guam PTAC will demystify these Federal Acquisition Regulations. Join us as we explain many of the common FAR clauses found in Federal solicitations.

Government of Guam Procurement The Guam PTAC will explain Government of Guam Procurement, where to find opportunities, and how to submit bids.

www.guamcontractors.org

The Guam Procurement Technical Assistance Center (PTAC) is offering FREE webinars to the public for December 2021.

Webinars run from 10am-11:30am and will be conducted via Zoom. Links to the live webinar and the webinar evaluation will be emailed to all registered attendees 15 minutes before the start of the webinar.

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

FREE Live Webinars Every Thursday!

facebook.com/GuamContractors

POWERING YOUR NEEDS

202 Hilton Road B01, Lower Lobby Room 0019 Tumon Bay, GU 96913 Phone: 671-647-2617 www.lmsgu.com

Guam Contractors Association’s

25 Days of

Christmas By: R.D. Gibson

CONSTRUCTION NEWS BULLETIN

FEATURE STORY

The story of Santa Claus, Jolly Ol’ Saint Nick, the Man with the Bag - the list goes on and on - has been around for centuries. It appears the image of the large man in a red suit with a sleigh full of reindeer stems from a legend about St. Nicholas from Myra (a part of modern-day Turkey) who gave away all of his wealth and travelled to help those most in need according to History.com. The Patron Saint of Children was known throughout for his kindness and generosity.

For GCA’s Administrative Manager, Desiree Lizama, donation drives like this are important to help those in need.

“In light of the holidays and the gift of giving, being kind is simple, yet so very impactful.” Lizama adds, “Offering hope to others in need allows them a chance for a better tomorrow, every giving gesture counts.” Martinez commented how it’s important to help those in our community who are not as fortunate, and how there are families who are struggling.

The holidays mean something to everybody. It could be a vast number of things: endless shopping lines and sales; the twinkling lights; the joys of being with family and opening presents; the nobenas; the caroling; Midnight Mass; that one song by Mariah Carey. A lot of the time, we remember this is a time for giving thanks, celebrating with the ones we love and cherish, looking back at the year that was, looking forward to the year ahead, and, in some cases, giving back to the community.

For GCA’s Membership Program Coordinator, Trevor Cruz, the program is also a way to invigorate hope and positivity in the community. He stated, “There are a lot of upstanding members in our community who may be down on their luck at any given time.” He added, “Giving back to the community in any way, shape or form keeps our community whole and lets everyone know that there is hope; there is a light at the end of the tunnel; keep moving forward and to stay positive.”

The holidays can be difficult, even without a pandemic. In the spirit of giving back, the Guam Contractors Association started a program called 25 Days of Christmas, through which their staff would donate one non-perishable food item a day from the first of December to Christmas Day. President of the Guam Contractors Association, James Martinez said, “The 25 Days of Christmas is about recognizing those that were adversely affected in 2021 not just from the pandemic but other factors that have left some in our community homeless and hungry.”

Though this program is the birth child of the Guam Contractors Association, they have chosen a non-profit organization to divide the donations amongst other community organizations serving the island. They enlisted Mañelu formerly the Big Brothers Big Sisters of Guam - to help.

Martinez stated, “We have worked with [Mañelu] before and we like what they are doing in the community to empower our island youth to be more productive citizens through mentoring programs and activities.” He added, “They not only embrace the youth but also the families of these fine young boys and girls from all over the islands.”

The GCA staff and leadership have put out a call to the GCA membership, and even non-members and encourage them to organize their own respective donation drives as a way to help those who need it on our island. Martinez added, “We hope that the 25 Days of Christmas will catch on with our GCA members and provide non-perishable food for those in desperate need.”

“Manelu is a nonprofit organization whose mission is to empower and educate children and families facing adversity to change their lives for the better,” stated Mañelu Executive Director, Samantha Taitano. Among the many projects Mañelu does, they provide youth mentoring, alcohol and tobacco prevention programs, and work readiness workshops. Additionally, their multilingual staff

facebook.com/GuamContractors

www.guamcontractors.org

DECEMBER2021 | 13

FEATURE STORY

CONSTRUCTION NEWS BULLETIN

help those families from the neighboring islands who may be experiencing language barriers. “We envision a community in which families of diverse cultures thrive together to achieve success.”

According to Taitano, their partnership with the GCA spans several years with the Pizza, Pop, and Power Tools and Construction Warriors events. “We were thrilled when GCA approached us to support the families we work with.”

Taitano explained that there may be people within the community who would like to help and give back, but are not sure how. Further she mentioned that organizations who give their employees an opportunity to give back, have a chance to build morale within their teams. “Giving feels good and giving as a team, especially during the holidays, brings people together and reminds us all that we are in this together.” She added, “When organizations give back to the community they are investing in our people and the well being of them.”

In addition to the 25 Days of Christmas, Taitano said they will be busy with the GCA Trades Academy, Guam Police Department, and other community partners during the holiday break for a camp for the trades, sports activities, mentoring, and prevention programs. She adds they hope to promote the trades with the work readiness workshops.

“We would like to connect more of our clients with the different apprenticeship opportunities, which will hopefully

14 | DECEMBER2021

lead to gainful employment,” stated Taitano. “We also hope to see some of GCA's signature youth events return in the coming year,” adding how introducing these opportunities to the youth shows them future employment options and expands their view of the world.

“The last two years have been extremely difficult because of the COVID 19 restrictions to hold events and activities that promote our industry,” stated Martinez, echoing how the GCA is looking forward to a better year to bring back their activities and engage with community organizations.

If you or your company wish to participate in the 25 Days of Christmas, contact the Guam Contractors Association, as they will still be collecting donations after December 25 according to Martinez. If you need more information, you can contact their office at info@guamcontractors.org, or give them a call at 671.647.4840.

Notwithstanding all of the stress, uncertainty, anxiety, and loss these last few years, it is still important to remember the magic of the holidays and the season’s ability to bring people together and the best out of one another.

Sometimes it is the little things that make a big difference; that fill our hearts with joy and we, in turn, can share that with others. Maybe we can all take notes from St. Nick.

Happiest of holidays to you and your families! May the holidays bring you good cheer and peace into the new year.

www.guamcontractors.org

facebook.com/GuamContractors

6$/(6 ȏ 5(17$/6 ȏ 6(59Ζ&(

202 Hilton Road B01, Lower Lobby Room 0019 Tumon Bay, GU 96913 Phone: 671-647-2617 www.lmsgu.com

CONSTRUCTION HEADLINE

CONSTRUCTION NEWS BULLETIN

ATKINS KROLL INC. ANNOUNCES ACQUISITION OF MORRICO EQUIPMENT LLC (Tamuning, Guam) Atkins Kroll Inc., an Inchcape Company, announced today the acquisition of Morrico Equipment Holdings Inc, which owns the subsidiary Morrico Equipment LLC, one of Guam’s largest heavy equipment dealerships.

“Morrico Equipment LLC, is one of the most respected dealer groups in Guam and Micronesia with a strong culture, strong brands, and an incredible team of employees,” said Alex Hammett, Inchcape Managing Director for Asia Developing Markets. “This acquisition will further diversify our total portfolio mix, and we believe that this will be truly transformative for Atkins Kroll and Morrico Equipment LLC. We are honored to be the stewards of Morrico Equipment LLC and look forward to continuing to lay the foundation to support varying infrastructure projects that will take our island and the region into the next decade and beyond," concluded Hammett.

Allan Morrison founded the company in 1990 along with founding directors Ross Morrison and Torgun Smith.

Today Morrico represents over twenty-four manufacturers with the most trusted brands such as Freightliner,

16 | DECEMBER2021

Mercedes Benz, Hyundai Construction Equipment, Kohler Power Systems, Rosenbauer Fire Trucks and Thomas Built School Buses. Morrico Equipment LLC, operates new and used heavy equipment sales, rental, parts, diesel fuel delivery, Trashco Guam, and specialized diesel repair service to Guam, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.

"Over 31 years, Morrico Equipment has grown to be one of the largest heavy equipment dealerships in Guam and Micronesia”, said Allan Morrison, President of Morrico Equipment LLC. “We acknowledge the hard-working and dedicated, employee owners of Morrico Equipment LLC, and are very proud to have given them the opportunity to greatly benefit from this transaction. Atkins Kroll is a well-respected company that has been committed to Guam and Micronesia for over a century, and we have full confidence they will continue to take care of our Morrico employees, customers, and partners," concluded Morrison.

www.guamcontractors.org

facebook.com/GuamContractors

NAWIC NEWS

CONSTRUCTION NEWS BULLETIN

MEMBER

SPOTLIGHT

By Selina Ashland

Our December Member Spotlight features Nadia Holm, Health and Safety Manager at ECC, an employee-owned business that provides high quality and competitive design-build, construction, environmental remediation, disaster response, energy, munitions response, and international development services to its clients and NAWIC Guam Corporate member.

Nadia loves how “technical, fast-paced and challenging” the construction industry is and appreciates the “creative and innovative thought that goes into it as well”. She wishes she had started her career in the “dynamic” construcNadia Holm tion industry sooner but she has had made the most of it so far earning certifications as a Certified Safety Professional (CSP) and Construction Health and Safety Technician (CHST). As she continues to thrive and succeed as a safety professional, she admits that early in her career she disagreed with the industry adage that “all incidents are preventable”. But inspired by the workers on her sites and emphasizing that “everyone on the site is important and their health and safety should never be taken for granted,” she now strongly agrees with the statement. Moreover, she defends that despite the inherent dangers of the industry, “when you really look the root cause of an incident, there is always a step that was overlooked and some way that it could have been prevented or the severity lessened. We can't accept that these things aren't in our control because they are”. Reminding us all of the importance “to stop and take a step back and really think about what [we’re] doing and the possible consequences” Nadia has lived in Guam since she was 3 years old, and although she has left a couple of times she has always found her way back to the island. When she is not out on construction sites, she enjoys cooking, staying active with Pilates, yoga and barre or just being with her husband and two cats at home, her favorite place to be. Nadia joined NAWIC Guam because she believes it is important that women work together and empower each other in the male-dominated construction industry. As a second year member, she has already assumed a leadership role in our organization serving as a Director on our Board. We are thrilled to have Nadia as a part of our organization and are inspired by her focus on safety in our industry; she is an amazing woman in construction!

Be sure to check out the December TRADES Issue in the Guam PDN, where you can read a very informative article on the Discovery of Munitions and Explosives of Concern (MEC) on Construction Sites written by non-other than our Spotlight Member and Director, Nadia Holm!

Did you know the Guam PDN monthly TRADES Issue has articles on relevant construction industry related topics written by NAWIC Guam members? Well now you do! Be sure to check out the Guam PDN TRADES Issue each month and Look for NAWIC Guam’s feature article!

JOIN NAWIC GUAM CHAPTER 381 TODAY! Want to know more about NAWIC Guam or join our organization?

Contact us at nawicguam@gmail.com or DM us on Facebook (Nawic Guam) or Instagram (@nawicguam). www.nawic.org 18 | DECEMBER2021

www.guamcontractors.org

facebook.com/GuamContractors

DIAMOND SPONSORS

PLATINUM SPONSORS

GOLD SPONSORS

C.O.R.E.

SILVER SPONSORS

First Hawaiian Bank • Hawthorne Cat BRONZE SPONSORS

G4S Security Systems (Guam), Inc. • Island Equipment Company Dylan Mechanical Construction Services, Inc. • Tristar Terminals Guam, Inc.

NEWSLINE

CONSTRUCTION NEWS BULLETIN

ABC Wins Key Nationwide Challenge Against Federal Contractor Vaccine Mandate On Dec. 7, ABC applauded a Georgia federal court for granting a nationwide preliminary injunction order against the federal contractor vaccine mandate.

“ABC’s participation in the case was essential to nationwide and construction industry relief,” said Ben Brubeck, ABC’s vice president of regulatory, labor and state affairs. “This is a major victory in removing compliance hurdles for the construction industry, which is facing economic challenges, such as a workforce shortage of 430,000, rising materials prices and supply chain issues.”

ABC’s statement on the preliminary injunction order garnered more than 1,100 media mentions, and was picked up by the Associated Press, CNN, CBS News, Breitbart News, CNBC, Fox News, Yahoo News and more.

Last week, ABC reported that courts blocked three different federal vaccination mandates issued under the Biden administration. Since the court orders staying the different federal mandates are at this time only preliminary, it is premature to say the threat posed by the federal mandates is past. It appears the mandates will be at a minimum delayed, but there will inevitably be appeals, perhaps up to the Supreme Court. There are also many private, state and local mandates that are not affected by these court rulings.

To learn more, read the following important developments on the federal contractor, Centers for Medicaid and Medicare Services and Occupational Safety and Health Administration vaccination mandates.

Background on Federal Vaccine Mandates Legal Challenges Federal Contractor COVID-19 Vaccination Mandate On Dec. 7, a Georgia federal judge granted ABC’s motion to 20 | DECEMBER2021

intervene and issued a nationwide preliminary injunction order against the federal contractor COVID-19 vaccination mandate. Judge Baker’s decision makes it clear that ABC’s participation in the case was essential to getting nationwide relief, which would otherwise have been limited to the states who sued. The government will no doubt appeal right away to the 11th Circuit, but this is a big win for ABC, the only private business group that joined the states in suing over this mandate. Read ABC’s press release.

Last week, a Kentucky district court preliminarily enjoined the federal contractor vaccination mandate but only for three states—Kentucky, Ohio and Tennessee.

On Nov. 18, ABC and its Georgia Chapter filed a motion to intervene in support of a suit filed by the state of Georgia and six other states in the U.S. District Court Southern District of Georgia Augusta Division. Read the press release.

Because the possibility remains that the stay could be lifted without much notice, it is recommended that covered federal contractor employers do the following:

• Continue to monitor legal

developments in Newsline and the Beltway Blueprint.

• Plan for the possibility of a COVID-19 vaccination mandate.

• Encourage employees to get vaccinated.

• See ABC’s COVID-19 vaccination toolkit, resources and guidance for federal contractors to keep workers safe on construction jobsites.

• Follow all safety protocols as required by federal, state and local governments.

6th Circuit to Hear Challenges to OSHA ETS On Nov. 12, the U.S. Court of Appeals for the 5th Circuit granted a motion to stay the U.S. Department of Labor’s www.guamcontractors.org

Occupational Safety and Health COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees.

Shortly after, OSHA announced that it has suspended activities related to the implementation and enforcement of the ETS, pending future developments in the litigation.

On Nov. 16, via lottery, the U.S. Court of Appeals for the 6th Circuit was chosen to hear challenges to the OSHA ETS, which includes ABC’s petition for review filed on Nov. 9.

DOL has filed a motion to lift the stay.

Additionally, on Nov. 30, the agency announced that it was extending the comment period for the OSHA ETS to Jan. 19, 2022, to allow stakeholders additional time to review the ETS and collect information and data necessary for comment.

In early January, ABC will circulate a comment letter template for ABC contractor members to submit to the docket.

On Dec. 8, ABC wrote to U.S. senators to express its support of S.J. Res. 29, which would stop the Biden administration’s OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard. ABC will consider the vote as a “KEY VOTE” for its 117th Congressional Scorecard.

Read ABC’s letter.

Because the possibility remains that the stay could be lifted without much notice, it is recommended that covered employers do the following:

• Continue to monitor legal

developments in Newsline and the Beltway Blueprint.

• Plan for the possibility of a COVID-19 vaccination and testing mandate.

• Review your vaccination and testing policies. If you currently don’t have policies, consider adopting them.

Policy templates are available on the OSHA Vaccination and Testing ETS website. facebook.com/GuamContractors

CONSTRUCTION NEWS BULLETIN

• Prepare for logistical challenges of testing.

• Encourage employees to get vaccinated.

• See ABC’s COVID-19 vaccination toolkit.

Follow all safety protocols as required by court-approved federal, state and local governments.

CMS COVID-19 Vaccination Mandate for Health Care Staff (and Contractors) On Nov. 30, a federal court in Louisiana issued a nationwide preliminary injunction against the Centers for Medicare and Medicaid Services’ COVID-19 vaccination mandate for health care staff.

The CMS mandate applies to a wide range of people working at health care facilities, including employees, trainees, students, volunteers or contractors, who provide any care, treatment, or other services for the facility. This ruling is of interest to any ABC members who perform

construction work at health care facilities. Earlier last week, a court in Missouri had issued a more limited injunction.

CMS has appealed both decisions and has filed motions for stays of these orders. Additionally, CMS posted the following, “While CMS remains confident in its authority to protect the health and safety of patients in facilities funded by the Medicare and Medicaid programs, it has suspended activities related to the implementation and enforcement of this rule pending future developments in the litigation.”

The mandate contemplated implementation in two phases.

For phase one, staff at all health care facilities covered by the regulation must have received, at a minimum, the first dose of a two-dose vaccine or a single-dose COVID-19 vaccine by Dec. 5.

For phase two, staff were to be fully vaccinated by Jan. 4. Exceptions were

NEWSLINE permitted for those who were granted religious or medical exemptions from the COVID-19 vaccine, as well as for staff members for whom COVID-19 vaccination must be temporarily delayed, as recommended by the CDC. Because the possibility remains that the stay could be lifted without much notice, it is recommended that covered contractor employers do the following:

• Continue to monitor legal

developments in Newsline and the Beltway Blueprint.

• Plan for the possibility of a COVID-19 vaccination mandate.

• Encourage employees to get vaccinated.

• See ABC’s COVID-19 vaccination toolkit.

• Follow all safety protocols as required by federal, state and local governments.

NEWSLINE

CONSTRUCTION NEWS BULLETIN

Proposed NEPA Revisions Must Keep Clarity and Consistency From 2020 Rule, Says ABC On Nov. 22, ABC filed comments with a coalition stakeholders to the Council on Environmental Quality in response to its notice of proposed rulemaking revising the implementing regulations of the National Environmental Policy Act. ABC filed these comments in support of a streamlined approach to the permitting process under NEPA to reduce delays hindering critical projects, resulting in better infrastructure, a stronger economy and continued environmental stewardship.

Under former President Trump, CEQ issued an ABC-supported final rule in 2020 that modernized the federal environmental review process and provided a coordinated, predictable and transparent method to streamline permitting under NEPA. However, this proposed rule would restore regulatory provisions that were in effect before the 2020 rulemaking.

Specifically, the proposal makes the following three changes to the 2020 NEPA rules: 1. Restore the requirement that federal agencies evaluate all the relevant environmental impacts of the decisions they are making; 2. Restore the full authority of agencies to work with communities to develop and analyze alternative approaches that could minimize environmental and public health costs; and 3. Establish CEQ’s NEPA regulations as a floor, rather than a ceiling, for the environmental review standards that federal agencies should meet.

In its comments, the coalition urged CEQ to retain several provisions of the 2020 final rule, which provided needed clarity and maintained consistency with the original 1978 NEPA rulemaking and decades of

case law. Additionally, the coalition expressed concerns that the proposed revisions would hinder NEPA’s goal of more informed agency decisions.

This proposed rule is the first step of a two-step process to revise the 2020 NEPA regulations. While phase one will propose a narrow set of changes to the NEPA regulations, phase two will propose broader changes to the final rulemaking.

ABC has supported legislative and regulatory efforts to modernize and create a more efficient NEPA review process, including support for H.R. 8333, the Building U.S. Infrastructure Through Limited Delays & Efficient Reviews (BUILDER) Act, during the 116th Congress. In March 2021, ABC joined dozens of members of the Unlock American Investment Coalition in calling on Congress to improve and modernize the federal permitting process under NEPA.

DOL Extends Comment Period on Heat Injury and Illness Prevention Rulemaking On Dec. 2, the U.S. Department of Labor’s Occupational Safety and Health Administration extended the period for submitting comments on its Advance Notice of Proposed Rulemaking for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings by 30 days, to Jan. 26, 2022. This will begin the process to consider a heat-specific workplace rule, which will affect contractors who work in extreme heat. The ANPRM was originally published in the Federal Register on Oct. 27.

22 | DECEMBER2021

The 30-day comment period extension comes after ABC wrote to the DOL, requesting a 60-day extension for the public to submit feedback on its rulemaking. ABC stated that issues surrounding heat injury and illness prevention are complex, thus, the original 60-day comment period was not enough time to gather substantive feedback.

ABC also requested comment period extensions as a member of the Construction Industry Safety Coalition and Coalition for Workplace Safety.

www.guamcontractors.org

ABC plans to submit comments on behalf of its contractor members and will continue to provide updates on this rulemaking in Newsline.

facebook.com/GuamContractors

CONSTRUCTION NEWS BULLETIN

NEWSLINE

DOL Issues Final Rule Increasing Federal Contractor Minimum Wage On Nov. 22, the U.S. Department of Labor’s Wage and Hour Division issued its final rule implementing President Biden’s Executive Order 14026, Increasing the Minimum Wage for Federal Contractors, which applies to all workers performing work on or in connection with covered federal contracts. The minimum wage will increase to $15 per hour beginning Jan, 30, 2022, superseding a scheduled increase to $11.25 that will occur on Jan. 1 under EO 13658, Establishing a Minimum Wage for Contractors.

“Most of ABC’s federal contractor members already pay the vast majority of their workers at wage rates higher than the $15 per hour minimum established in this rule,” said Ben Brubeck, ABC vice president

of regulatory, labor and state affairs, in a press release in response to the final rule. “However, ABC is concerned with the Biden administration’s decision to ignore Congress’s authority and not establish a market-driven approach to wage determination. This rulemaking will create unnecessary confusion and needlessly increase the compliance burden on ABC member contractors that build America’s infrastructure and perform other federal or federally assisted work.”

According to a DOL news release, in addition to increasing the minimum wage for federal contractors, the final rule:

• Continues to index the federal

contract minimum wage in future

years to inflation; • Eliminates the tipped minimum wage for federal contract employees by 2024; • Ensures a $15 minimum wage for workers with disabilities performing work on or in connection with covered contracts; and • Restores minimum wage protections to outfitters and guides operating on federal lands.

More information and resources on EO 14026 and the final rule, including a list of FAQs, a fact sheet on EO 14026 and side-by-side comparison of EO 13658 and EO 14026, can be found on the DOL website.

24 | DECEMBER2021 3 2

A/C & Refrigeration Mechanic HVAC & Refrigeration Technician Field Supervisor Construction Supervisor Painter

3

2

6

1 8

1

19

2

Marine Mechanic

Painter Blaster

Pipefitter

Shipwright Carpenter Welder

QC Inspector

Landscape Gardeners

Painter

81

6 4

Crane Operator

2 1

Electrician (Motor Rewinder) Lead Transportation Equip Painter

Total Non-Construction H-2B Workers

8

Pipefitter

1

Heavy Equipment Mechanic

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

Total OTHER Construction

18

HVAC & Refrigeration Mechanic

24

Camp Cook

2049

103

10

11

32

Heavy Equipment Mechanic

5

Elevator Installer Technician

9

Construction Equipment Mechanic

6

Other Construction Occupations

Employers Workplace Monthly Report Statistics

Automotive Mechanic

Other Non-Construction Occupations

GUAM DEPARTMENT OF LABOR Alien Labor Processing Certification Division

1946

2130

2123 2 2 3

4291 2498

2130

Total H-2B Employers U.S. Const. Workers Total U.S. Workers Grand Total H-2B Workers

0

1000

2000

3000

4000

5000

Total U.S. Workers

Total U.S. Workers Grand Total Hin H2 companies 2B Workers

US Workers vs. H-2B

8 33

Non-Construction

6000

25

Construction

Employers By Industry

Total by Nationality

Philippines Korea Australia New Zealand

36

2

128

Workers by Nationality

Welder Total Common Const.

Camp Cook

Electrician

121

47

Sheetmetal Worker Heavy Equip. Operator

25 116

Structural Steelworker

241

Plumber

799

Reinforcing Metalworker

431

Carpenter

Cement Mason

Common Construction Occupations

MONTH ENDING: November 2021

1.28%

5.96%

2.42%

6.22%

12.38%

6.58%

0.10%

22.15%

Welder

Camp Cook

Heavy Equip.

Operator Electrician

Sheetmetal Worker

Reinforcing Metalworker Structural Steelworker Plumber

Carpenter

Cement Mason

Australia

New Zealand

Korea

Philippines

New Zealand 0.14%

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

41.06%

1.85%

Common Construction Occupations

Philippines 99.67%

Australia 0.09%

Korea 0.09%

H-2B Population by Nationality

REPORTS/ INFORMATION CONSTRUCTION NEWS BULLETIN

facebook.com/GuamContractors