GCA Construction News Bulletin January 2023 by Guam Contrators Association

VOL. 64 ISSUE 1 JANUARY 2023 • GUAM CONTRACTORSʼ ASSOCIATION

FEDERAL WAGE RATES

We’re here for you and your world. With expert advice and dealer support, parts availability and bottom-line savings like 0% for 24 months on select new Cat® equipment*, we mean it when we say that HELPING YOU IS WHAT WE DO.

0% FOR 24 MONTHS. $0 DOWN. 0 HASSLE. + $500 TOWARDS A CAT® CVA*

Act now and visit Hawthorne Cat to get into a new machine. This offer is good until March 31, 2023. 196 E. Harmon Industrial Park Road Tamuning, Guam 96913 671.649.4228

SCAN QR CODE TO LEARN MORE

*Offer of 0% is for a loan term of 24 months which offer is only valid from January 1, 2023 through March 31, 2023 on new compact (compact track loaders, compact wheel loaders, micro/mini excavators, skid steer loaders) and small (backhoe loaders, telehandlers, small track type tractors, small wheel loaders) Cat® machines sold by participating Cat dealers to customers in the USA. The credit of up to $500 USD for CVA purchase can only be applied toward the purchase of a qualifying Cat Customer Value Agreement (CVA). Purchases (both machine and CVA) and machine delivery must occur during offer period. Offer subject to machine availability and credit approval by Cat Financial. Not all customers will qualify. Amount of the CVA credit cannot exceed the price of the qualifying CVA. CVA must include 1-year Preventative Maintenance Parts Kit, TA1 annual Inspection, signed CVA contract, and Product LinkTM. Amount of credit towards CVA is the same for all models. Offer may change without prior notice and cannot be combined with any other offers. Additional terms and conditions will apply. Contact your Cat dealer for details. ©2023 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, LET’S DO THE WORK, their respective logos, “Caterpillar Corporate 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.

GCA Construction News Bulletin January 2023 Ad.indd 1

hawthornecat.com

12/29/22 12:31 PM

TABLE OF CONTENTS

JANUARY

2023 8

S.A.M.E. UPDATE

APPRENTICESHIP CORNER

FEATURE STORY

MEMBER BENEFITS

NAWIC NEWS

NEWSLINE

BUILDING PERMITS

WOULD YOU LIKE TO SEE SOMETHING COVERED? HAVE A STORY IDEA? LET US KNOW! email taco@adztechguam.com 2

JANUARY 2023

CONSTRUCTION NEWS BULLETIN

www.guamcontractors.org

EDITORIALS

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 & PAST CHAIRMAN Bill Beery Tutujan Hill Group VICE CHAIRMAN Joe Roberto East Island Tinting

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 Matthew Hunter Dylan Mechanical Construction Services CONTRACTOR DIRECTORS: Don McCann Black Construction Corporation Kathleen David Pacific Rim Constructors

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.

Brian Holm Hensel Phelps Albert Smith SmithBridge Guam

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

Soraya Vongjalorn Vertex Guam AJ Perez Hawaiian Rock Products ASSOCIATE DIRECTORS: Mark Cruz MidPac Far East

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

Jose Garcia First Hawaiian Bank Camilo Lorenzo Matson Navigation

AD SALES: Jaceth Duenas Alyssa Roces PRODUCTION: Alyssa Roces Jason Davis Christopher “Taco” Rowland EDITOR: Adztech CONTRIBUTING WRITERS: Joanna Rupley Sablan R.D. Gibson Rodney “RJ” Ricarte Lucia Wood GCA STAFF: Desiree Lizama Elaine Gogue Francine Taitague Trevor Cruz COVER: ??????

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

Geri Leon Guerrero Adztech Advertising and PR

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

L i f e t i m e

Guam Contractors Association

JANUARY 2023

CONSTRUCTION NEWS BULLETIN

www.guamcontractors.org

WHY ADVERTISE IN THE GCA CNB?

1,000 COPIES

PRINTED MONTHLY • LOCAL AND NATIONAL CONTRACTOR & ASSOCIATE MEMBERS • GOV GUAM AGENCIES • GUAM LEGISLATURE • MAYOR’S COUNCIL • BENSON • MARK’S HARDWARE • EAST WEST RENTAL • GUAM HOME CENTER • S.A.M.E. • MILITARY CONTRACTING OFFICES • GCA MEMBERSHIP LUNCHEONS

• MEMBER DRIVEN • GUAM’S ONLY CONSTRUCTION PUBLICATION

GLOBAL REACH VIA GCA WEBSITE WWW.GUAMCONTRACTORS.ORG

• MOBILE DEVICE CONVENIENCE. • EASY TO READ ANYTIME.

NEW! YOUR ONLINE AD IS LINKED TO YOUR WEBSITE

PRESIDENT’S LETTER

PRESIDENT’S LETTER Hafa Adai GCA Members: I hope you enjoyed the holidays with family and friends and I wish you and your family a happy (and successful) new year. The Guam Contractors Association looks forward to 2023 being a year of growth and new challenges. It is our intention to lead our association to many new accomplishments and stronger relationships within the construction industry and the community. On December 13, 2022, 30 GCA members attended a meeting with a delegation from the Philippines’ House of Representatives and the business community at Adelup. This meeting was arranged by the GCA at the invitation of Guam Governor Lou Leon Guerrero's office and the Guam Department of Labor. At the meeting, the Philippine representatives listened to concerns from the construction community about the Philippine overseas labor office in Los Angeles. The representatives shared with the GCA members their thoughts, and possible plans, to streamline the administration of the office. It was agreed by all in the meeting that the process to obtain Philippine construction labor needs to be more streamlined and efficient. We look forward to updates from the Philippine government on how the new streamlined process will work. This month, several GCA board members will be meeting with Delegate James Moylan concerning Guam construction issues that need to be addressed in the United States Congress. Matters such at the Defense Base Act, H2B workforce, and potential issues concerning Project Labor Agreements, are on our agenda to discuss with Moylan. I’ll be updating the membership as we work with the congressman throughout the year. A continuing issue is GCA’s work with the Department of Public Works to update the weight restriction rules and regulations. Working with truckers and the wholesale distributor community on Guam, the law was updated in 2022 to allow for increased weights on newly designated haul roads, after the roads are reconstructed for additional weights. These haul roads (starting with Marine Corps Drive from the commercial port to Harmon) should begin reconstruction in 2024. The rules and regulations are being drafted and will be ready for legislative review in 2023. In January 2023, GCA membership dues will be increasing for many members. In order to streamline the association’s finances, the board of directors decided to consolidate the dues structure into just two categories. The new categories are: under $1 million in revenues, and $1 million in revenue and above. The GCA office is now sending members invoices for 2023. If you have any questions about your new membership dues, please contact the GCA office. Lastly, GCA member Triple J Enterprises, Inc., has recently been appointed a Butler Builder for Butler Manufacturing in the region. As part of their outreach efforts they will be hosting mixers on Guam and Saipan to educate the construction community about their products and services Scott Wilson with Butler Manufacturing, will be speaking at the GCA luncheon on Wednesday, January 18, to provide a brief overview of Butler, and highlight custom building ranges, existing building applications, and a wide range of building designs. Additionally, Triple J and Butler will be hosting a GCA Membership Mixer in the main showroom in Upper Tumon, on Thursday, January, 19 from 6:00 to 8:00 p.m., with food and beverages. GCA is in discussions to hold many mixers for our membership throughout 2023. This is just one example of the association increasing opportunities for members and community leaders to meet and build lasting relationships in order to strengthen and grow the construction industry on Guam. Sincerely, James A. Martinez President Guam Contractors Association 6

JANUARY 2023

CONSTRUCTION NEWS BULLETIN

www.guamcontractors.org

3.625x10_TripleJCommercial.pdf

4/6/22

10:45

CMY

“Having our home windows tinted by East Island Tinting was an excellent decision. Our power bill dropped enough to pay for the work in less than a year. Even better, our home is much cooler and more comfortable when we walk in after a long, hard day.” Kelly and Maria Fitzpatrick Home Owner

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

S.A.M.E. UPDATE

JANUARY 2023 General Membership Meetings

Joint Engineer Training Conference & Expo

SAME Capital Week

27-29 March 2023

3rd Thursday every month

02-04 May 2023

(subject to change)

Featuring the DOD & Federal

San Antonio, TX

Agency Program Briefings

2023 Charlie Corn Scholarship Awards

Charlie Corn Scholarship Golf Tournament Starts Golf Resort | November 2022

The SAME Guam Post is currently accepting applications for its 2023 Charlie Corn Scholarship Awards. Th Charlie Corn Scholarship is to assist in the development of engineering and architectural talent in Guam and Micronesia. For the 20222023 academic year, the Guam Post awarded 9 scholarships totaling $27,000, varying in size from $1,500 to $3,000. Applications must be received by February 24, 2023, at 5:00 PM (Chamorro Standard Time). Contact Tor Gudmundsen, PE at (671) 647-0808 or admin@tg-engr.com for more information or to receive a scholarship application packet.

In conjunction with the 2022 Guam Industry Forum, the Guam Post held their 43rd Annual Charlie Corn Scholarship Golf Tournament. Proceeds from the tournament go toward engineering or architecture education and the Charlie Corn Scholarship Fund.

BE INVOLVED. BECOME A MEMBER. www.classic.same.org/guam sameguampost@gmail.com Find us at our social media accounts @sameguampost

JANUARY 2023

STEM Camps

World-class camps that feature a very impressive record of producing thousands of science, technology, engineering, and math (STEM) engineers and leaders for over 30 years. read more

www.same.org/events-programs/engineeringconstruction-camps/

CONSTRUCTION NEWS BULLETIN

www.guamcontractors.org

APPRENTICESHIP CORNER

APPRENTICESHIP CORNER By Francine Taitague Safety, Training and Education Coordinator, Guam Contractors Association

GCA MEMBERS: START AN APPRENTICESHIP PROGRAM Construction companies needing a quality workforce, and those wanting to be employed on Guam, and should consider apprenticeship. Simply put, apprenticeship is an industry-driven, high-quality career track. Employers develop their workforce, and individual employees obtain paid work experience, classroom instruction, mentorship, and a nationally-recognized NCCER credential. For the construction company, the expenses to join the program can be paid for by the Manpower Development Fund. The Guam Registered Apprenticeship Program (GRAP) provides tax credit incentives to eligible companies that employ apprentices who are enrolled and registered in the Guam Department of Labor Apprenticeship Program. The Guam Contractors Association keeps track of hours worked and the education progress of the apprentice. Employers benefit with a program that helps recruit, grow, and retain a highly-skilled workforce. The workforce benefits by receiving a skills-based education. Looking to establish an apprenticeship program at your company? Getting started is easy. Come to the Guam Contractors Association office at the GCA Trades Academy in Tiyan. I can help your company sign up under our apprenticeship program with education standards and an education curriculum. Once hired by the company, your apprentice will go through the application process and will then receive a NCCER registration number. The apprentice will start classes, either at your company or at the GCA Trades Academy in the evening, on Saturdays or after work hours. During work hours, on-the-job training will be under the guidance of an experienced journeyman from the job site. Apprenticeship in the construction industry can be an excellent career choice for high school graduates or individuals looking to change careers. On the job training provides a paycheck as the apprentice develops skills. No college debt. No waiting four years, or more, for a job in the chosen industry. They can start in your program and begin earning a paycheck. GCA member companies are encouraged to join the growing list of construction companies with registered apprentices who are training on the job, increasing their skills, and adding value and quality craftsmanship to construction projects on Guam. Interested in learning how to start an apprenticeship program at your company? Please contact me at (671) 647-4841 or francine.taitague@guamcontractors.org.

JANUARY 2023

CONSTRUCTION NEWS BULLETIN

www.guamcontractors.org

RAISING By: R.D. Gibson

By: R.D. Gibson

FEATURE STORY

Generations will always talk about what to call money. It can also be called ‘paper’, ‘cheddar’, ‘smackeroos’, ‘dinero’, or ‘coin’. We learned a new word while researching recently. “Emoluments” - a fancy shmancy word for pay or salary for employment or office according to Google. No matter what you call it, money - particularly wages - are always a hot topic - no matter the industry, always has and always will be if you think about it. That might sound hyperbolic, but surely the prices at the supermarkets, gas stations, and utility bills are concerning to say the least. Heck, even streaming services are raising their prices! The exchange of money for labor might be a tale as old as time, but it could be argued, the cost of living and commerce are worlds different now than the markets and services in biblical or medieval times. And, if we look at specialized industries, it is paramount to take into consideration the changes that seem to happen in seconds due to increases and emphasis in education and training, as well as the prevalence of technology in twenty-first century industries. According to an article from CNN.com, “wages are rising at their fastest pace in decades,” as stated in its title, while the article states employers are having a hard time attracting and keeping employees. It continues by listing price hikes, discussing the housing market, and, overall, the tough choices workers are making to keep cash in their pocketbooks and food on the table, gas in the car, a roof over their heads, etcetera, etcetera, etcetera. This even as “inflation-adjusted wages” seem to be on the rise, as stated in another CNN.com article, dated nearly a year ago. EXECUTIVE ORDER 14026 On April 27, 2021, President Joe Biden ratified Executive Order 14026 to increase the minimum wage of federal contractors to $15.00 an hour beginning on January 1, 2022. This wage increase applies to “workers performing on or in connection with covered federal contracts.” In between all of the jargon, the Executive Order “states that the Federal Government’s procurement interests in economy and efficiency are promoted when the Federal Government contracts with sources that adequately compensate their workers.” The wage rate applies to federal contracts entered into, renewed, or extended (pursuant to an option or otherwise) on or after January 30, 2022, and increases annually are determined by the Secretary of Labor. The determination of the rate increase is based on three criteria as written in the Frequently Asked Questions section of the Wage and Hour Division’s website. The wage cannot be less than the amount in effect at the time of determination; the rate should be “increased from the rate in effect by the annual percentage increase in Consumer Price Index for Urban Wage Earners and Clerical Workers facebook.com/GuamContractors

(US city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics; and, it should also be rounded to the nearest multiple of $0.05.” Furthermore, the website also announced on September 30, 2022, the wage rate would increase to $16.20 hourly. One of the key elements of this Executive Order (14026) is it mandates contractors who are covered by it ensure their workers receive no less than the minimum wage rate in effect during the calendar year in which the contract is being performed. Eligible federal contracts fall under four types, which include procurement contracts for construction covered by the Davis-Bacon Act, and service contracts covered by the Service Contract Act, concessions contracts, and “contracts in connection with federal property or lands and related to offering services for federal employees, their dependents, or the general public in connection with federal property or lands and related to offering services for federal employees, their dependents, or the general public”. Any contract in the above-mentioned categories falls under Executive Order 13658, under former-President Barack Obama, from 2014. Fact Sheet #83B, also found on the Wages and Hours Division website, shares a list of eligible workers for the Executive Order, which include those eligible for Fair Labor Standards Act (FLSA) minimum wage, service employees and laborers and mechanics under the Service Contract Act (SCA) and Davis Bacon Acts (DBA), respectively, who are entitled to prevailing wages. Moreover, if workers are entitled to higher wages than that of the Executive Order in accordance with another Federal, State, or local law, they must be paid the higher wage rate. However, there are limitations to who is covered, and these include employees who hold a ‘bona fide executive, administrative, or professional’ position, as they are also exempt from the FLSA minimum wage and overtime requirements. Violators of the Executive Order can have contract funds withheld to have underpaid workers paid, contracts can be ended, contractors can also be held ‘liable for associated costs to the government’, and can also be excluded for three years from government contracts in the future. LEGAL ISSUES According to an article on Bloomberg Law.com, this could affect half a million companies throughout the United States and its territories. Additionally, the article outlines the legal challenges against the administration and how President Biden overstepped his authority under the Procurement Act.

CONSTRUCTION NEWS BULLETIN

JANUARY 2023

FEATURE STORY

The Executive Order itself states, “Raising the minimum wage enhances worker productivity and generates higher-quality work by boosting workers’ health, morale, and effort; reducing absenteeism and turnover; and lowering supervisory and training costs.” It continues by stating that, “ensuring that Federal contractors pay their workers an hourly wage of at least $15.00 will bolster economy and efficiency in Federal procurement.” For Guam For Lucia Wood, General Construction Manager of Relyant Global, the Executive Order provides an opportunity for better wages, “which is most certainly needed,” Wood stated. “I agree there are many who are working for wages that cannot sustain a household especially here on island.” Wood hinted at the possibility that awareness of the Executive Order may be limited currently, and ‘the depth in which [the] contractor must maintain compliance.” She also pointed to the lengths a prime contractor might need to consider to guarantee their employees are being paid accordingly.

Wood stated her concerns about contractors ending up in a predicament if there is not more awareness made available about the minimum wage increase for Federal contractors. “I also do not believe that the information is reaching the masses, which can place all contractors in a precarious situation,” she emphasized. Joe Roberto, Managing member of East Island Tinting, LLC, agreed with Wood, also sharing how more should be done to keep small business owners and contractors informed. Roberto, also added, the day-to-day tasks of small business leadership can be daunting, but insinuated at keeping on top of these types of mandates is important, as well. In a nutshell, after sifting through all the legal jargon and vocabulary, it seems the Executive Order is trying to help all those involved in Federal contracts. In a time when the price of basic goods seems ridiculously astronomical, it wouldn’t hurt to have a little more in your bank account. It is also a good time to look at long-standing procedures and reevaluate compliance across the board, especially as we head into the new year!

For more information regarding Executive Order 14026, you can visit the following websites:

EO 14026: https://www.whitehouse.gov/brieﬁng-room/presidential-actions/2021/04/27/executive-order-on-increasing-the-minimum-wage-for-federal-contractors/ Final Rule: EO 14026: https://www.dol.gov/agencies/whd/government-contracts/eo14026 Fact Sheet #83B RAISING THE MINIMUM WAGE FOR CONTRACTORS UNDER EXECUTIVE ORDER 14026: https://www.dol.gov/agencies/whd/fact-sheets/83b-Raising-The-Minimum-Wage-For-Contractors FAQ on the Wage and Hour Division’s website: https://www.dol.gov/agencies/whd/government-contracts/eo14026/frequently-asked-questions

READY TO PUMP! RENT ME NOW.

2IƓFH /H[

WWW.PFMGU.COM (671) 989-8542

FM Rated - NSF61 Tanks Fire Suppression Water Storage Potable - Non Potable Storage We have Hydraulic Tank Jacks for Precision Erection Services

BOLTED PANEL

TANKS

CONTACT INFORMATION: RANDY G. SAGER, PRESIDENT OFFICE: (671) 477-1018 MOBILE: (671) 687-4896 EMAIL: RANDY.SAGER@REACTIONCO.COM

Bldg. 17-3311 Corsair Tiyan Barrigada, GU 96921

www.reactionco.com

MEMBER BENEFITS

Your Better Health Checklist for 2023 By Rodney “RJ” Ricarte Living a balanced lifestyle can be challenging. Many responsibilities and distractions can keep us from living the Balanced Lifestyle of being active, eating right, relaxing and unwinding, and staying socially connected. Here is your checklist to maximize your TakeCare GCA health insurance employee benefit in 2023. Stay focused on your goals and learn more about each below item. #1.) Free health education classes TakeCare employee members can access no-cost health education classes to learn about better nutrition, prevent heart disease, quit smoking, and control diabetes. TakeCare’s diabetes prevention program - T2 - is the only program fully recognized in the region by the Centers for Disease Control and Prevention (CDC). TakeCare members can improve health through health education classes, cancer prevention campaigns, and fitness programs. Ernest Aquino, TakeCare’s wellness team lead, provides educational and coaching services to help you get started. To contact Ernest visit https://wellnesscenter.takecareasia.com. #2.) Free technology answers your questions and keeps you informed The MyTakeCare Member Portal allows members access to medical and health plan information, as well as wellness resources, 24 hours a day, 7 days a week. Access the web portal here: https://takecareasia.com/mytakecare-web-portal. The TakeCare Mobile App conveniently provides alerts and notifications, insurance card access, plan information, fitness stamp cards, wellness & fitness programs and calendars, and Affinity Rewards Cards. Download the app at the Apple App Store or Google Play. TakeCare’s Instant Virtual Assistant (TIVA) is a convenient online virtual assistant that answers the most common questions. TIVA works on all browsers and devices. You can expect an immediate response. Access TIVA on your web browser here: https://takecareasia.com/tiva. The Elixir Mobile App helps you save time and money on your prescriptions. The Elixir Member Portal provides you convenient, 24/7 access to your pharmacy benefits. Go to elixirsolutions.com and click “Register” in the top right-hand corner of the screen. Download the app at the Apple App Store or Google Play. #3.) Earn ﬁtness incentives TakeCare offers fitness incentives up to $600 per eligible individual or $1,200 per eligible family per benefit period provided they meet the program’s incentive qualifying criteria. TakeCare members have access to discounts at 19 fitness partners on Guam. Members can also earn TakeCare’s fitness incentive by self-reporting at least 30 minutes of an approved activity such as walking, jogging, running, rowing, swimming, and or biking. Track your activity using one of the approved fitness apps and upload information about the activity to earn the incentive. For details about the above classes, technology and incentive programs, please refer to your Member Handbook or contact me. Rodney “RJ” Ricarte is the TakeCare account executive for GCA. He can be contacted at (671) 487-7121 or rodney.ricarte@takecareasia.com.

JANUARY 2023

CONSTRUCTION NEWS BULLETIN

www.guamcontractors.org

NAWIC NEWS

NEW MEMBER

SPOTLIGHT NAWIC is such an awesome network of Construction and Construction related fields. I think it is an amazing community to share the same passion and the the hardwork of all of the women in the industry. How our gender has evolved to be in the strong careerpaths that used to be unattainable to us. As a new member to NAWIC, I firmly believe that my position as Director of Sales and Marketing for The Product Solutions, an excellent fit for construction on Guam. I have just recently joined NAWIC and want to share that the Product Solutions is the Best Procurement Company for all your Construction Needs. As a leading procurement company in the construction industry, we pride ourselves on our ability to deliver top-quality products and materials to our clients on time and on budget. But what sets us apart from the competition? Here are just a few reasons why we are the best choice for your construction project: 1. Extensive product offerings: We have a wide range of products available for all your construction needs, from tools and equipment to building materials and more. Our team is well-versed in the latest industry trends and can help you find the perfect products to suit your specific project requirements. 2. Competitive pricing: We are committed to offering competitive pricing on all of our products, so you can be sure you are getting the best value for your money. We also offer bulk discounts for larger orders, making it even more cost-effective to work with us.

Aileen de Dios Director of Sales and Marketing for the Saira Group of Companies

3. Reliable delivery: We understand the importance of timely delivery in the construction industry, which is why we have a strong track record of delivering products on schedule. We also offer flexible delivery options to meet your specific needs. 4. Expert customer service: Our team is knowledgeable and experienced, and we are always available to answer any questions or concerns you may have. We strive to provide the highest level of customer service to ensure your satisfaction with our products and services. 5. Quality assurance: We are committed to providing only the highest quality products to our customers. We carefully vet our suppliers and regularly inspect our products to ensure they meet our strict quality standards. In summary, I know that I can help any company with our extensive product offerings, competitive pricing, reliable delivery, expert customer service, and commitment to quality I know that make us the best procurement company for the construction industry. I look forward to working with you on your next construction project.

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

JANUARY 2023

CONSTRUCTION NEWS BULLETIN

www.guamcontractors.org

NEWSLINE

NEWSLINE Biden Administration Releases Long-Awaited 2022 Fall Regulatory Agenda afterwithdrawn having withdrawn the of the Construction On Jan. 4, On the Jan. Biden 4, the administration Biden administration member member of the Construction Industry Industrystandardstandard after having the health care emergency temporary Safety Coalition, submitted comments released released its Fall 2022 its Fall Unified 2022Agenda Unifiedof AgendaSafety of Coalition, submitted comments health care emergency temporary in December 2021. A final rule on the ANPRM. CISC members feel standardstandard Regulatory Regulatory and Deregulatory and Deregulatory Actions. Actions. on the ANPRM. CISC members feel in December 2021. A final rule was for December that a regulatory approach—if The agenda Thelists agenda upcoming lists upcoming rulemakings rulemakings strongly strongly that a regulatory approach—if was slated forslated December 2022. 2022. adopted—must simple and should and otherand regulatory other regulatory actions from actions each from each adopted—must be simplebeand should Welding in Construction the key concepts “water,Welding rest, agency that agency the administration that the administration expects expects integrateintegrate the key concepts of “water,ofrest, in Construction ConfinedConfined shade.” According to the regulatory Spaces Spaces to publish toinpublish 2023. It inalso 2023. includes It also includes shade.” According to the regulatory In February 2023, OSHAto intends agenda, theplans agency plans toa initiate aIn February deadlinesdeadlines from 2022 from that2022 werethat missed. were missed. agenda, the agency to initiate 2023, OSHA intends issue to issue a proposed rule tothe amend the an Welding an Small Business Regulatory Enforcement ABC has ABC prepared has prepared a summary a summary of the of the Small Business Regulatory Enforcement a proposed rule to amend Welding Cutting Standard in construction to panel in 2023. January 2023. Cutting Standard actions of actions interest ofto interest ABC members to ABC members by by Fairness Fairness Act panelAct in January in construction to any perceived ambiguity agency. agency. eliminateeliminate any perceived ambiguity about about the definition of “confined space” that Truck Design PoweredPowered IndustrialIndustrial Truck Design the definition of “confined space” that to activities welding activities in construcU.S. Department U.S. Department of Labor of Labor StandardStandard Update Update applies toapplies welding in construcOn2022, May 17, 2022, as a steering tion. tion. On May 17, ABC, as aABC, steering Occupational Safety andAdminHealth Admincommittee of CISC submitted Occupational Safety and Health committee member member of CISC submitted comments OSHAcompliance voicing compliance Worker Walkaround Representative istration istration comments to OSHA to voicing Worker Walkaround Representative cost concerns on the proposed rule Designation and costand concerns on the proposed rule Designation Process Process Improve Tracking of Workplace on powered trucks design A proposed A proposed rule is targeted for May 2023 Improve Tracking of Workplace Injuries Injuries on powered industrialindustrial trucks design rule is targeted for May 2023 and Illnesses update. According “clarify right of and workers and and Illnesses standardstandard update. According to the to the to “clarifytothe right the of workers March 2022, OSHAa issued a regulatory regulatory agenda, OSHA intended tocertified certified bargaining units toaspecify a On MarchOn 30, 2022,30, OSHA issued agenda, OSHA intended to bargaining units to specify rule toprovisions restore provisions the analyze the comments the NPRM union representative to proposedproposed rule to restore of the of analyze the comments from the from NPRM worker orworker union or representative to Obama administration’s 2016 Improve through December accompany OSHA inspector Obama administration’s 2016 Improve through December 2022. 2022. accompany an OSHAan inspector during during of Workplace Injuries and the inspection process/facility Tracking Tracking of Workplace Injuries and the inspection process/facility rule. Protective Equipment in walkaround, walkaround, regardless of the whether the IllnessesIllnesses final rule.final Under theUnder new the new PersonalPersonal Protective Equipment in regardless of whether covered establishments with Construction representative is an employee proposal,proposal, covered establishments with Construction representative is an employee of the of the 100employees or more employees if in the judgment 100 or more in certainin certain The agency Thewas agency was expected expected to issue ato issue a employer,employer, if in the judgment of the of the high-hazard industries—including proposedproposed Compliance Safety andOfficer Health Officer high-hazard industries—including rule clarifying the require- Compliance rule clarifying the requireSafety and Health construction—will be required to suchisperson is reasonably necessary to construction—will be required to fit of personal protective ments forments the fitfor of the personal protective such person reasonably necessary to electronically submit information from an effective and thorough electronically submit information from equipment in construction in December equipment in construction in December an effective and thorough physical physical their OSHA Forms 301 and to inspection.” their OSHA Forms 300, 301 300, and 300A to 300A2022. 2022. inspection.” OSHA once year. In addition, OSHA once a year. Inaaddition, the U.S. the U.S. Department Labor plans the to share the Infectious Occupational to COVID-19 in Department of Labor of plans to share Occupational ExposureExposure to COVID-19 in Infectious DiseasesDiseases information on website a public website Healthcare In September 2023, OSHAto intends to information on a public Healthcare Settings Settings In September 2023, OSHA intends indicating it will remove On April 22, On 2022, April 22, 2022, ABC—as a steeringissue a proposed issue a proposed rule on infectious (although(although indicating it will remove ABC—as a steering rule on infectious individuals’ names andinformacontact informacommittee of CISC—submitted and examine regulatory individuals’ names and contact committee member member of CISC—submitted diseasesdiseases and examine regulatory tion). ABC submitted comments comments in response to OSHA’s alternatives alternatives formeasures control measures to tion). ABC submitted comments oppos- opposcomments in response to OSHA’s for control to ing the proposal on June 30. According request for additional protect employees from infectious ing the proposal on June 30. According request for additional commentcomment on its on its protect employees from infectious to the regulatory agenda, OSHA intends provisions or approaches” to a disease exposures to pathogens to the regulatory agenda, OSHA intends “potential“potential provisions or approaches” to a disease exposures to pathogens that can that can issue a final rule in March 2023. final Occupational final Occupational to COVID-19 cause significant The agency to issue atofinal rule in March 2023. ExposureExposure to COVID-19 cause significant disease. disease. The agency in Healthcare CISC opposlistedworkplaces several workplaces where these in Healthcare Settings Settings rule. CISCrule. opposlisted several where these Heat Injury and Illness Prevention in es OSHA’s esproposal OSHA’s proposal tocoverage expand coverage control measures be necessary, Heat Injury and Illness Prevention in to expand control measures might bemight necessary, under any promulgated health care, emergency Indoor and Settings Outdoor Settings Indoor and Outdoor under any promulgated final rulefinal and rule andincludingincluding health care, emergency includeconstruction certain construction On2021, Oct. 27, 2021, OSHAanissued an include certain correctional On Oct. 27, OSHA issued work in work inresponse,response, correctional facilities,facilities, home- homehealth care settings. also submitted of proposed rulemaking less shelters, drug treatment advance advance notice ofnotice proposed rulemaking health care settings. ABC alsoABC submitted less shelters, drug treatment programsprograms comments onas April 22 as a steering and otherand other occupational settings where on heat injury and illness prevention in on heat injury and illness prevention in comments on April 22 a steering occupational settings where committee of the Coalition for indoor and settings, outdoor settings, employees be at increased indoor and outdoor which which committee member member of the Coalition for employees can be atcan increased risk of risk of Workplace Safety. CWS believesexposure.exposure. began the to process to consider a began the process consider a Workplace Safety. The CWSThe believes unequivocally that OSHA is not permitheat-specific workplace rule.26, On Jan.unequivocally 26, heat-specific workplace rule. On Jan. that OSHA is not permittedmust to, and issue a permanent 2022, as a committee steering committee ted to, and 2022, ABC, as aABC, steering not,must issuenot, a permanent 20

JANUARY 2023

CONSTRUCTION NEWS BULLETIN

www.guamcontractors.org

NEWSLINE

revisionsrevisions to the LM-10 to the Employer LM-10 Employer Report Report approachapproach is to restore is toarestore “totality-of-the a “totality-of-the form. Employers form. Employers must filemust this form file this withform with circumstances” circumstances” analysis analysis of the “economof the “economto OLMS disclose to disclose certain payments, certain payments, UpdatingUpdating the Davis-Bacon the Davis-Bacon and Related and Related ic reality ic test.” reality ABC test.” urges ABC theurges DOL to the DOL to the OLMSthe expenditures, agreements agreements and arrangeand arrangeActs Regulations Acts Regulations withdrawwithdraw the new proposed the new proposed rule and rule and expenditures, ments, including ments, including the hiringthe of hiring outside of outside retain theretain ABC-supported the ABC-supported current 2021 current 2021 In February In February 2023, the2023, DOL’sthe Wage DOL’s andWage and labor relations labor relations consultants consultants to help to help Hour Division Hour is Division expected is expected to issue atofinal issue a final rule.final rule. inform their inform employees their employees regardingregarding union union rule “purporting” rule “purporting” to updatetoand update modernand modernorganizing organizing or collective or collective bargaining, bargaining, ize the regulations ize the regulations implementing implementing the theOvertimeOvertime “persuader as “persuader activities.” activities.” ABC ABC In May 2023, In May the2023, WHDthe is expected WHD is expected to to known asknown Davis-Bacon Davis-Bacon Act and Related Act andActs. Related On Acts. On the proposed the proposed revision, revision, which which issue a proposed rule updating rule updating the the opposedopposed May 17, ABC Mayfiled 17, ABC nearly filed 70nearly pages70 of pages of issue a proposed would a checkbox add a checkbox to Form LM-10 to Form LM-10 “overtime” “overtime” rule. WHD rule. is reviewing WHD is reviewing the thewould add comments comments opposingopposing the proposed the proposed rule, rule, requiringrequiring employers employers to report to whether report whether regulations that implement that implement the exempthe exempwhich would which reverse wouldprior reverse reforms, prior reforms, regulations they werethey federal werecontractors federal contractors or subconor subcontionfide of bona executive, fide executive, administraadministraexpand Davis-Bacon expand Davis-Bacon requirements requirements to totion of bona in tractors the prior in the fiscal prior year. fiscal Theyear. The tive and professional tive and professional employees employees from the fromtractors the new industries new industries and activities and activities and and revision would revision also would require also require Fair Standards Labor Standards Act’s minimum Act’s minimumproposedproposed increase increase administrative administrative burdens on burdens on Fair Labor employers to provide totheir provide Unique theirEntity Unique Entity wage andwage overtime and overtime requirements. requirements. On Onemployers federal contractors. federal contractors. ABC alsoABC surveyed also surveyed and contracting and contracting agency oragency or May May as 11,aABC, steering as a committee steering committeeIdentifierIdentifier contractor contractor membersmembers to gatherto insight gatheron insight on 11, ABC, if applicable. if applicable. member member of the Partnership of the Partnership to Protect to Protectagencies,agencies, the potentially the potentially harmful impacts harmful of impacts this of this Workplace Workplace Opportunity, Opportunity, as well asas92 well as 92 proposalproposal and utilized andthe utilized data gathered the data gathered information more information on upcoming on upcoming DOL DOL other organizations, other organizations, sent a letter senttoa letter to For more For in its comments. in its comments. rulemakings, rulemakings, see the department’s see the department’s Fall Fall SecretarySecretary of Labor of Marty Labor Walsh Marty urging Walsh urging 2022 Regulatory Agenda. Agenda. him to abandon him to abandon or at least orpostpone at least postpone 2022 Regulatory Independent Independent Contractor Contractor issuing announced the announced proposedproposed In May 2023, In May the2023, WHDthe is expected WHD is expected to toissuing the Federal Acquisition Federal Acquisition Regulation Regulation Council Council rulemaking. rulemaking. issue a final issue rule. a final On Dec. rule. 13, On 2022, Dec. 13, ABC 2022, ABC submitted submitted comments comments opposingopposing the DOL’sthe DOL’s Use ofLabor Project Agreement Labor Agreement for for Ofﬁce of Labor-Management Ofﬁce of Labor-Management StandardsStandardsUse of Project independent independent contractor contractor proposedproposed rule, rule, Federal Construction Federal Construction Projects Projects which eliminates which eliminates the ABC-supported the ABC-supported FAR intends FARto intends issue atofinal issue rule a final in rule in Form LM-10 Form Employer LM-10 Employer Report Report 2021 final 2021 rule’s final emphasis rule’s emphasis on two “core” on two “core” March On2023. Oct. 20, On2022, Oct. 20, ABC 2022, ABC DOLto intends issue atofinal issue rule a final in rule in March 2023. factors—a factors—a worker’s worker’s control over control theirover theirDOL intends submitted more than more 40 pages than 40 of pages of February 2023. On2023. Oct. 13, On2022, Oct. 13, ABC 2022, ABCsubmitted work andwork theirand opportunity their opportunity for profitfor or profit February or comments to the FAR to calling the FARoncalling the on the submitted a comment a comment letter to DOL’s letter to DOL’s comments loss—both loss—both of which of arewhich paramount are paramount in insubmitted Biden administration Biden administration to withdraw to withdraw a a Management of Management and Labor and Labor making an making independent an independent contractor contractor Office of Office Standards Standards regardingregarding its proposed its proposed determination. determination. Instead, the Instead, department’s the department’s Wage andWage Hour and Division Hour Division

NEWSLINE

controversial proposed rule that would require anti-competitive and inflationary project labor agreements on federal construction contracts of $35 million or more. ABC’s opposition is joined by more than 50 members of the U.S. Senate and House, 18 Republican governors and a diverse coalition of construction industry, small business and taxpayer advocates urging the administration to withdraw President Biden’s Feb. 4 Executive Order 14063, the Aug. 19 proposed rule and additional policies promoting PLA mandates on federal and federally assisted construction projects. Government-mandated PLA schemes needlessly increase costs and exacerbate the construction industry’s skilled labor shortage of 650,000 because they exclude almost nine out of 10 of America’s construction workforce from participating in critical infrastructure projects. Prohibition on the Use of Reverse Auctions for Complex, Specialized or Substantial Design and Construction Services The U.S. Department of Defense, General Services Administration and NASA are

expected to issue a proposed rule by April 2023 to amend the FAR to implement policies addressing the prohibition on the use of a reverse auction for the award of a contract for complex, specialized or substantial design and construction services. These prohibitions are the result of Public Law 11728, which amended the Consolidated Appropriations Act of 2020, to correct a provision on the prohibition on the use of a reverse auction. National Labor Relations Board

Election Protection Rule A final rule is slated for August 2023. On Nov. 22, the ABC-led CDW requested that the NLRB issue a 30-day extension to the comment period for the board’s new notice of proposed rulemaking addressing election-blocking charges, voluntary recognition and construction industry bargaining relationships. On Nov. 29, the NLRB announced it is extending the comment deadline from Jan. 3 to Feb. 2, 2023. ABC will be filing comments opposing the proposed rule.

Additional Rules to Monitor Include: Joint Employer A final rule is expected in August 2023. Environmental Protection Agency On Dec. 7, ABC submitted comments to • Revised Definition of “Waters of the the NLRB urging the board to withdraw United States” Phase 2—Proposed rule, the new proposed joint employer rule and November 2023 retain the current 2020 NLRB final rule, which provides clear criteria for compaCouncil on Environmental Quality nies to apply when determining status. In • National Environmental Policy Act the comments, ABC argued that the new Implementing Regulations Revisions proposed rule will cause great confusion Phase 2—Proposed rule, January 2023 and uncertainty among construction contractors, specifically small business More information on these and other owners. More than 11,000 comments rulemakings can be found in the Fall were submitted to the docket. ABC also 2022 Regulatory Agenda. ABC will joined the comments submitted by the continue to provide updates on these ABC-led Coalition for a Democratic and other rulemakings in Newsline. Workplace.

BUILDING PERMITS

PER M I TS FO R JA N UA RY 2 02 3 PERMIT TYPE

CONSTRUCTION COST

BUILDING PERMIT FEES

Residential

NEW ADD RENO

$28,400,901.6 $348,460 $36,800

$124,111.64 $2,952.57 $367

Commercial

NEW ADD RENO

$4,471,240.2 $618,302.45

$24,421.65 $6,931.65

$2,884,668

$21,599.57

$1,190,004.68

$9,149.66

Solar / Photovoltaic

$652,645.03

$6,865.72

Elevator / Escalator

$145,500

$756.25

$3,500

$295.2

$12,000

$386.93

$9,577.75

$268.95

$58,200

$1,384.93

$38,831,799.71

$199,491.72

Government Warehouse/Storage Utility / Infrastructure

Signage Demolition Clearing / Grading Boring / Testing Miscellaneous TOTALS

JANUARY 2023

CONSTRUCTION NEWS BULLETIN

www.guamcontractors.org

DIAMOND SPONSORS

PLATINUM SPONSORS

C.O.R.E.

GOLD SPONSORS

$0/5"$54 t 0110356/*5*&4 tø3&4063$&4 t &%6$"5*0/

SILVER SPONSORS

First Hawaiian Bank BRONZE SPONSORS

SUPPORTERS

Isla Coatings and Roofing Supply Island Equipment Company

Promotions Specialties