GCA Construction News Bulletin March 2023

VOL. 64 ISSUE 3 MARCH 2023 • GUAM CONTRACTORSʼ ASSOCIATION

ZERO WASTE

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TABLE OF CONTENTS

MARCH

2023 8

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S.A.M.E. UPDATE

10 APPRENTICESHIP CORNER 12 NAWIC NEWS 14 FEATURE STORY 18 FEATURE STORY 22 PHOTO HIGHLIGHTS 24 MEMBER BENEFITS 26 NEWSLINE 27 BUILDING PERMITS 28 REPORTS/ INFORMATION

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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

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: Mark Cruz MidPac Far East Jose Garcia First Hawaiian Bank Camilo Lorenzo Matson Navigation

AD SALES: Jaceth Duenas Alyssa Roces PRODUCTION: Jason Davis Alyssa Roces Christopher “Taco” Rowland EDITOR: Adztech CONTRIBUTING WRITERS: Joanna Rupley Sablan Francine Taitague Nancy Xania Barnhouse R.D. Gibson Nickolas Florez CFCC Rodney “RJ” Ricarte GCA STAFF: Desiree Lizama Elaine Gogue Francine Taitague Trevor Cruz COVER: Help implement zero waste programs as we celebrate International Day of Zero Waste 2023 this March 30th.

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

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Guam Contractors Association

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APPRENTICESHIP CORNER

APPRENTICESHIP CORNER

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

HOW CAN APPRENTICESHIP BENEFIT YOUR COMPANY? In this space, I’ve shared how to start an apprenticeship program at your company and how to pay for it.

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.

Starting an apprenticeship program at your company is simple. 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. 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 your company at the job site.

The Guam Registered Apprenticeship Program (GRAP) makes business privilege tax credits available to businesses that employ apprentices duly enrolled and registered under the terms of an apprenticeship program. These credits include the wages of the apprentice and the personal protection equipment of the apprentice. The tax credits also include the wages and personal protection equipment of the journeyman (construction company employee) training the apprentice during the on-the-job training portion of the apprenticeship program.

So, what are other benefits of starting an apprenticeship program at your company?

• Recruiting and developing a highly-skilled workforce helps grow a local workforce without having to depend so much on off-island labor.

• Improves workforce efficiency, which improve productivity and profitability.

• Flexible training programs keeps your workforces’ skills current.

• Reduce liability costs with appropriate safety training.

• Increase retention of workers, during and following the apprenticeship.

The Guam Contractors Association keeps track of hours worked and the education progress of the apprentice. We can guide your company through the process. What have you got to lose?

Join the growing community of apprentices in Guam’s construction industry. 115 apprentices are currently employed, getting paid, increasing their skills, and furthering their education.

Interested in learning more?

Please contact me at (671) 647-4841 or francine.taitague@guamcontractors.org.

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NAWIC NEWS

MEMBER

SPOTLIGHT

By Nancy Xania Barnhouse

Yolonda Toves Topasna Yolonda Toves Topasna felt kinship with NAWIC Guam the first time she attended a meeting in 2019.

“I joined because of the positive attitudes of the members,” Topasna said. “Also, my work at GCC aligns with NAWIC.” As administrator and project specialist of the Adult Education Program at Guam Community College, Topasna assists individuals with workforce development.

The native daughter grew up in Guam with her extended family and moved off island to gain her business degree in business administration in Hawaii. Upon her return, she worked in the health industry for Staywell but later moved to Scottsdale Arizona where she and her husband Joe Topasna lived for 22 years. Joe Topasna retired from Vanguard as a senior investment consultant, and she worked as a benefits advisor for Pharmacy Benefits Management giant CVS Caremark. After their three children graduated from college, the couple returned to Guam in 2018. “My inspiration comes from my three children, Tatyana in San Francisco, Joseph in Manhattan, and Eric in Scottsdale,” she said.

Back on Guam, Topasna has not slowed down. Not only is she working on a master’s in public administration from the University of Guam, but she and her husband are building a home in Malesso. Building their own house has helped Topasna reflect on Guam’s thriving construction industry. “One of the things that I love most about the construction industry is how directly it impacts the community,” she said. “The industry provides essential structures such as buildings for people and spaces for businesses.

Not only does the construction industry generate employment for many families, it is also inspiring, she said. “The people who work in the construction industry, including project managers, engineers, architects, general contractors, laborers, tradesmen, and administrative support staff, are hardworking and inspiring individuals who take pride in the impact they make on the community.”

To help the industry thrive through NAWIC, she has participated in developing pre-apprenticeship programs at Guam Community college and helped with programs including the ship repair boot camp and the tractor-trailer and truck book camp as well as the early phase of the Guam Paramedic Initiative. In addition, she and her team are bringing adult literacy programs to Guam’s villages and the Department of Corrections.

Whether she is working on her own house, her degree or her occupation, Topasna keeps this in mind: “Approach a new project with an open mind, and surround yourself with like-minded individuals to complete the goal.”

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 12

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ZEROWASTE INITIATIVES By: R.D. Gibson

FEATURE STORY

The United Nations Environment Programme’s website shares that “Every minute, the equivalent of one garbage truck of plastic is dumped into the ocean.” Earthday.org states it’s two garbage trucks. The UNEP’s website also shares that the world population creates about 2.24 billion tons of solid waste every year, and it could make its way up to 3.88 billion tons a year by 2050. Additionally, over 900 million tons of food is wasted annually.

Another recognition day has been added to the litany of days dedicated to environmentalism, protection, and stewardship: International Day of Zero Waste 2023. This day will launch at the end of the month - March 30, 2023. The United Nations Environment Programme’s website states, “Zero-waste initiatives can foster sound waste management and minimize and prevent waste. This contributes to reducing pollution, mitigating the climate crisis, conserving biodiversity, enhancing food security and improving human health.”

Zero-waste, as defined by the Zero-Waste International Alliance, is “the conservation of all resources by means of responsible production, consumption, reuse, and recovery of products, packaging, and materials without burning and with no discharges to land, water, or air that threaten the environment or human health” - and this is the latest in an evolution of the definition. How zero-waste has been explained and defined has been reviewed and revised since the ZWIA set out on their goal to create guidance for the development of goals throughout the world.

In addition to the seemingly endless information about zero-waste, a United Nation’s informational page focusing on the observance of International Day of Zero Waste shares information about community approaches to zero-waste and how there needs to be action throughout a community.

This includes producing, consuming, and disposing responsibly with a concerted effort to reuse and recover resources as much as possible, and limiting pollution throughout.

Possibly one of the greatest marketing efforts was the alliteration of “Reduce, Reuse, Recycle” and the green triangle logo, which can be seen on numerous products, as well. The logo is one of the most recognizable insignias throughout the world, and its impact has been strong and long-lasting. Yet, communities still face excess waste, its removal, and the consequences that come with it. What more for an island that is over 200 square miles.

According to a report by the World Bank Group, What a Waste 2.0: A Global Snapshot of Solid Waste Management to 2050, just for some context - 2.26 kg, roughly 4.98 pounds, of waste is created every day per capita in Guam.

The report, published in September 2018, also points out that a majority of the waste created within the East Asia and Pacific region is food waste at 53-percent - paper and cardboard is at 15-percent and plastic is at 12-percent.

facebook.com/GuamContractors

It seems almost every thing purchased comes in a container, especially if it is a consumable. Unfortunately, it is not uncommon to see photos and videos circulate on the news or social media of trash left on the side of the road, illegal dumpsites hidden in the jungles, haphazardly abandoned vehicles and appliances on the side of the road, and even rubbish left at some of our island’s most enticing places - her beaches. There are events dedicated for community members gathering with gloves and trash bags to pick up waste left behind for whatever reason.

Guam’s waste is made up of 27-percent of organic material; 25-percent is plastic; and 15-percent is paper, according to the Guam Environmental Protection Agency’s Waste Characterization Study published in January 2020.

According to the United States Environmental Protection Agency’s website, Guam has defined zero-waste as “Zero Waste is a holistic approach to addressing the problem of unsustainable resource flows. Zero Waste encompasses waste eliminated at the source through product design and producer responsibility, and waste reduction strategies further down the supply chain such as recycling, reuse and composting.

“Communities and governments that implement Zero Waste Programs are striving to switch from long-term waste management through disposal or incineration to value-added resource recovery systems that will help build sustainable local economies.” This report can be found in the Guam Zero Waste Plan published on the Guam Environmental Protection Agency’s Issu.com page in 2014. However, the full report’s public remains limited.

The beginning of March usually rings in celebrations for Mes CHamoru. On March 1, 2023, a Zero-Waste Forum was held at the Hyatt Regency Guam. The forum is part of Executive Order 2019-28, which created the Zero Waste Guam Working Group composed of the Guam EPA Administrator, the Director of Bureau of Statistics and Plans, the General Manager of the Port Authority of Guam, and the Director of Public Works. It was signed on December 23, 2019 by Governor Lou Leon Guerrero, and in it lists key pieces of information as to the importance and implementation of this Zero Waste Forum, including a mission statement for the Zero Waste Guam Working Group.

“It is the purpose and objective of the Zero Waste Working Group to have the responsibility for developing, making recommendations for adoption of and then overseeing all aspects of implementation of the Guam Zero Waste Master Plan including developing the outreach and public education components required to raise public awareness, to share knowledge and transfer information to the community and to the broader pacific.”

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industrial revolution that the Earth’s industrialmindset revolution mindset that resources the Earth’s resources e ZWWGThe Forum’s programme asserts howasserts zero how zero ZWWG Forum’s programme to support ending economic limitless never to support never ending economic aste strategies quick and in building in building are limitlessare wasteare strategies arecost-effective quick and cost-effective growth,” Perez emphasized. growth,” Perez emphasized. mmunitycommunity resilience, contending against climate change, resilience, contending against climate change, d protecting island for future “On and our protecting our islandgenerations. for future generations.

“On take a mindful collective will truly takeand a mindful andapproach collectivetoapproach to island with limitedwith landlimited and deep for human an island landrespect and deep respect for human “It will truly “It attain zero waste,” Perez added.

Sen.added.

Perez pointed to pointed to attain zero waste,” Perez Sen. Perez alth and the environment, the Zero Waste concept is the health and the environment, the Zero Waste concept is the manysteps have many taken in thetaken revitalization of the baby have in the revitalization of mework framework for conserving resources utilizing responsible for conserving resources utilizing responsiblethe baby steps cultural practices inpractices our community and she connected cultural in our community and she connected oduction,production, consumption, reuse, and recovery ofrecovery products,of products, consumption, reuse, and stepssame makesteps up the ‘pathup tothe the‘path to the how these make ckaging, packaging, and materials without burning or discharging and materials without burning or discharginghow these same reclamationreclamation of sustainability and beginning achieve to achieve of sustainability and to beginning o our land, water, or air,” it states in the forum’s into our land, water, or air,” it states in the forum’s Zero Waste.’Zero Waste.’ ogramme. programme.

Governor Lou Leon Guerrero shared howshared this time Governor Lou Leon Guerrero how this time e ZWWGF programme addressed challenges our island our island The ZWWGF programme addressed challenges of recovery of in recovery a post-COVID Guam is a period in a post-COVID Guamof is a period of s faced and experience.

Specifically,Specifically, it hascontinues faced andto continues to experience. it of facing challenges with informed, transformation; of facing challenges with informed, entioned mentioned how the Integrated WasteSolid Management how theSolid Integrated Waste Managementtransformation; innovative thinking, and lookingand at problems innovative thinking, looking atdifferently problems differently an has not been updated since 2006,since and how the Plan has not been updated 2006, and how the “Asbefore. we emerge from the hardship and “As we emerge from the hardship and vernment of Guam has done every fivesoyears Government ofnot Guam hassonot done everyasfive years asthan before.than the disruption Covid, we have opportunity, the of disruption ofnow Covid, wethe now have the opportunity, andated. mandated. probably the greatestthe opportunity we have had inhave a had in a probably greatest opportunity we do more than return thereturn way things long time, to do just more thanto just to the way things ditionallyAdditionally it points to the construction of an additional it points to the construction of an additional long time, to Governor Guerrero, have it “We in have it in were,” statedLeon Governor Leon“We Guerrero, l at the Layon WasteSolid Landfill, which will which willwere,” stated cell atMunicipal the LayonSolid Municipal Waste Landfill, set a new,tobetter, and smarter course for course for our power set a new, better, and smarter imately cost taxpayers estimated million$30 withmillion a ultimately costan taxpayers an$30 estimated with a our power to future.”

Guam’s future.”

-year life 10-year expectancy.

The EO purports that the lifespan of lifespanGuam’s life expectancy.

The EO purports that the of e landfill can extended effective waste reduction, the be landfill can bewith extended with effective waste reduction, The Zero Waste Program was a topicwas of discussion, The Zero Waste Program a topic of discussion, cycling, resource recovery, and beneficial programs recycling, resource recovery, andreuse beneficial reuse programs which Governor Guerrero put center stage of stage of whichLeon Governor Leon Guerrero put center e those found in thefound Zero Waste Strategy. like those in the Zero Waste Strategy. her remarks.

The ZWP isThe a solid waste initiative ledinitiative by her remarks.

ZWP is a solid waste led by the Zero Waste Working Group and Group chairedand

by First the Zero Waste Working chaired by First vernor Lou Leon Guerrero stated in a release, ““Our Governor Lou Leon Guerrero stated in a release, ““Our Jeff Cook. The howshared the how the Jeff Governor Cook. Theshared Governor ministration is committed to implementing zero waste zero waste Gentlemen Gentlemen administration is committed to implementing just merely about disposal, but about finding focus isn’t just about disposal, but about finding tiatives toinitiatives protect and preserve Guam’s precious natural to protect and preserve Guam’s precious naturalfocus isn’t merely alternativesalternatives for a Green for Economy. sharedShe these a Green She Economy. shared these sources for generations to come.” She continued, “As we resources for generations to come.”

She continued, “As we alternatives would “create more private initiatives and alternatives would “create more private d the transition the Guam WasteSolid Management lead theoftransition ofSolid the Guam Waste Managementinitiatives and reduce the cost of living, and minimize jobs, reduce the cost ofhelp living, and help minimize thority from federalfrom receivership, we have an we incredible Authority federal receivership, have an incrediblesector jobs,sector supply chain issues that issues increasingly are becoming supply chain that increasingly are abecoming a portunityopportunity to discuss real-world, to discuss actionable real-world, strategies actionablethat strategies that permanentpermanent part of modern part life.” of modern life.” ork to mitigate change andchange build resiliency.” work climate to mitigate climate and build resiliency.”

to addition the Zero to Waste Program, spoke about the Zero Wasteshe Program, she spoke about Governor Tenorio added, “Together the Zero Lt.Josh Governor Josh Tenorio added,with “Together with the ZeroIn addition In 2050 Sustainability Plan, whichPlan, is funded Guahan 2050 Sustainability which is funded aste Working Group and Group stakeholders, we are providing Waste Working and stakeholders, we are providingthe Guahanthe Insular Technical byofthe OfficeAffairs of Insular AffairsAssistance Technical Assistance stainablesustainable solutions and lasting and investments to realize a to realize aby the Office solutions lasting investments wereFunds awarded in awarded August 2021, and the Program. were in August 2021, and the eener Guam through a whole-systems approach and a greener Guam through a whole-systems approach and aProgram. Funds Governor entrusted plan to the Bureau of Statistics Governorthe entrusted plan to the Bureau of Statistics cular economy.”

He added, “The forum“The discussions will circular economy.”

He added, forum discussions will and Plans according a release to from the Governor’s and Plansto according a release from the Governor’s derscoreunderscore zero-wastezero-waste initiatives asinitiatives among the fastest and as among the fastest and Office In February a Request Proposals Office In2022, February 2022,For a Request Forwas Proposals was ost cost-effective ways to address events, andevents, the most cost-effective ways climate to address climate and the for the above-mentioned sustainability for the above-mentioned sustainability eps we’vesteps takenwe’ve to engage in this mission.” takenas to partners engage as partners in this mission.” announcedannounced plan. In theplan. release the RFPs, Governor In announcing the release announcing the RFPs, Governor Leon Guerrero stated, “Ourstated, objective isobjective to achieveis to achieve Leon Guerrero “Our Legislative on Environment, Senator Sabina AsChairperson Legislative Chairperson on Environment, Senator Sabina truly sustainable communitycommunity that will safeguard a truly sustainable that will safeguard rez’s advocacy the environment is strengthened by her Perez’sfor advocacy for the environment is strengthened byaher quality and of life for all of thelife people ourand resources quality for all of the people of islation, which includes Public Law Public 36-61 Law focusing onfocusing onour resources legislation, which includes 36-61 Guam.” The releaseThe stated the plan willthe cover variety Guam.” release stated plana will cover a variety gal dumping Public Law 35-37,Law which finally allowed illegaland dumping and Public 35-37, which finally allowed use, transportation, public of topics,land including land use, transportation, public the adoption rules andofregulations for the Recycling for theofadoption rules and regulations for the Recyclingof topics, including facilities, housing, conservation, tourism, sustainable facilities, housing, conservation, tourism, sustainable volving Fund, to name a few.

Revolving Fund, to name a few. development policy, capital improvements, communitycommunity development policy, capital improvements, mental health, and health, indigenous connections and rights. and rights. mental and indigenous connections her remarks, she stated how fitting how it wasfitting that the In her remarks, she stated it was that the nferenceconference kicked off the same day the beginning kicked off theas same day as the of beginning of It is easy to It fall hole on Guam, isdown easy tothe fallwaste downrabbit the waste rabbit hole on Guam, es CHamoru, the island a revival of numerous Mes as CHamoru, ashas theseen island has seen a revival of numerous which consists ofconsists advisory of groups, conservation, which advisory groups, conservation, Hamoru cultural andcultural traditional inpractices the last couple CHamoru andpractices traditional in the last couple dump’,‘the Guam ZeroGuam WasteZero Plan,Waste etcetera. recycling, dump’, Plan, etcetera. decades.ofSen. Perez emphasized how sustainability is decades.

Sen. Perez emphasized how sustainability is recycling, ‘the so much information about waste in waste in is just so much information about e of the most important aspects foraspects the ancient one of the mostcultural important cultural for the ancientThere is justThere Guam, which makes sense givensense how much space Guam, which makes given how much space Hamoru people.

“We cannot“We continue tocontinue operate with the with the CHamoru people. cannot to operate 16

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FEATURE STORY

to reduce energy consumption and toxic consumption and toxic waste.”

Thiswaste.” This there actually there is here actually and is what hereour and community what our community is doing is doing to reduce energy mindful look at construction important at construction is importantisto decreaseto decrease to overhaulto this overhaul issue. The this previously-mentioned issue. The previously-mentioned Waste Waste mindful look theimpact industry’s impact on the environment. the industry’s on the environment.

Characterization Characterization Study points Study to how points 40-percent to how 40-percent of of the waste was the recyclable waste wasand recyclable 27-percent and 27-percent was organic, was organic, According tothe theconstruction article, the construction the article, industry is industry is therefore compostable. therefore compostable.

This presents This opportunities presents opportunities to to According to a big contributor waste pollution in landfills, in the a big contributor to waste in to landfills, inpollution the reduce waste reduce in thewaste landfill. in the Additionally, landfill. Additionally, it was notedit was noted air, and climate change,since especially since the industry change, especially the industry how the ban how on the several banitems, on several like green items,waste, like green ferrous waste, ferrous air, and climate a huge amount of waste.

Part of addressing huge amount of waste.

Part of addressing metals, andmetals, electronics and electronics has helped has in landfill helped diversion. in landfill diversion. produces aproduces this includes implementing somethe methods this includes implementing some methods article the article shared, which include and choosing also shared,also which include limiting andlimiting choosing According to According a November to a press November release press fromrelease the from the sustainable/recyclable materials, controlling waste sustainable/recyclable materials, controlling waste Guam Environmental Guam Environmental Protection Agency, Protection Guam’s Agency, Guam’s throughbuilding recycling, building greenand buildings and through recycling, green buildings recycling rate recycling was 29.21-percent, rate was 29.21-percent, a 2.81 percentage a 2.81 percentage repurposing old structures, as well as conserving repurposing old structures, as well as conserving increase from increase the previous from the year. previous This recycling year. This rate recycling rate energy. energy. encompasses encompasses all eligible waste, all eligible which waste, includes which includes cardboard, cardboard, mixed paper, mixed aluminum paper, cans, aluminum plastics, cans, tires, plastics, tires, It is about this answering this call to action It is about answering call to action though.

Asthough. As and others.and Since others.

2011Since when2011 the Guam whenEPA the Guam began EPA began communities grow and develop, they need to prioritize communities grow and develop, they need to prioritize tracking recycling, trackingthe recycling, rate hasthe significantly rate has significantly increased increased and learn collectively how to do so sustainably and learn collectively about how about to do so sustainably from 17.85-percent. from 17.85-percent.

Currently, the Currently, nationalthe recycling national recycling forFor the the future.

For the industry, maybe it is reevaluating for the future. industry, maybe it is reevaluating rate in the United rate inStates the United is 32-percent.

States is 32-percent. project design; maybe itwith is building with renewable, project design; maybe it is building renewable, reusablemaybe materials; maybe it isof disposing of waste and reusable materials; it is disposing waste and Walter LeonWalter Guerrero, Leonthe Guerrero, Administrator the Administrator at the Guamat the Guam materials appropriately and revisiting what may be materials appropriately and revisiting what may be Environmental Environmental Protection Agency, Protection provided Agency, remarks provided remarks recyclable reusable.or reusable. at the Zero Waste at the Zero Forum, Waste as well.

Forum, He emphasized as well. He emphasized how how recyclable or sustainability sustainability has been part hasofbeen our island’s part of our history island’s longhistory long *** *** before the Europeans before the Europeans arrived. arrived.

“Long before “Long theybefore were buzzwords they were buzzwords and movements, and movements, ‘sustainability', ‘sustainability', ‘zero waste’,‘zero ‘greening’ waste’,and ‘greening’ ‘circularand ‘circular economies’economies’ were ways of were life”ways for the of ancient life” for the ancient CHamorus,” CHamorus,” stated Leonstated Guerrero.

LeonHe Guerrero. further cited He further cited several traditional severalpractices traditional ofpractices the people of of theGuam, people of Guam, which required which them required to usethem all-natural, to userenewable all-natural, renewable materials, including materials,building including their building homestheir andhomes and agriculture -agriculture “sustainability - “sustainability is part of our is DNA,” part ofhe our DNA,” he stressed. stressed.

No matter how look atitthe issue, it goes without No matter how you look at you the issue, goes without that waste andby is affected by everybody. saying that saying waste affects and affects is affected everybody. core of the discussion is making At the core At of the discussion is making the right the right decisions, the right for our environment, for decisions, the right choices, forchoices, our environment, for sustainability, the next generation who will inherit sustainability, for the nextfor generation who will inherit what is left behind.

It might sound cliché, what is left behind.

It might sound cliché, but we owebut it we owe it to our community, to each to ourand posterity, and to to our community, to each other, to ourother, posterity, to thewho ancestors who gaveto this to us. The ancestors the ancestors gave this space us.space The ancestors who instilled in ussomething resiliency, something who instilled in us resiliency, that alwaysthat always seems come this up around seems to come upto around time of this year.time of year.

Zero waste Zero calls waste for action; callsaction for action; to beaction taken to be taken is how we celebrate Mes Though CHamoru. Though That is howThat we celebrate Mes CHamoru. throughoutthroughout the community the community as a way of as ensuring a way of a ensuring a celebrations only for a month, celebrations are only forare a month, it should beit should be sustainablesustainable way of life for way all.of Recycling, life for all.composting Recycling, composting celebrated day way for us to and remember and celebrated every day asevery a way foras usato remember food waste,food finding waste, ways finding of reusing waysitems of reusing to ensure items to ensure honor ourwhose ancestors whose sustainable traditional, sustainable honor our ancestors traditional, little to no waste little toinno ourwaste landfill, in our etcetera landfill, areetcetera small yetare small yet practices seeing a resurgence live on in the practices are seeing aare resurgence and live on and in the impactful ways impactful that can ways only that bolster can only the zero bolster waste the zero waste 21st century.

Ourpersevered island has persevered through many Our island has through many initiatives already initiatives on our already island; on and our island; organizations and organizations and and 21st century. catastrophes - be it man-made or natural.the However, the - be it man-made or natural. However, industries have industries heard have this call heard to action this call toto take action initiative. to take initiative. catastrophes people’salways resilience alwaystomanages to strengthen and people’s resilience manages strengthen and shine through shine through in the end. in the end.

In his remarks, In his Leon remarks, Guerrero Leon even Guerrero pointed even to the pointed to the construction construction industry. “[It] industry. has begun “[It] has taking begun systemic taking systemic in our community haveexpectations such high expectations Many in ourMany community have such high approachesapproaches to demolition to demolition and construction and construction debris debris for futurewith prospects regard to development and regardwith to development and management, management, incorporating incorporating a percentage a percentage of demolition of demolition for future prospects economic andLeon Governor Leon Guerrero echoed andgrowth, Governor Guerrero echoed debris to bedebris repurposed to be repurposed into final project into final designs,” projecthe designs,” he economic growth, that in her “... growth Economic “...remarks.

Economic thatgrowth is not that is not stated. Surely stated. thereSurely are other there sustainable are other sustainable practices inpractices the in the that in her remarks. only leads to morethan problems than it solves,” sustainablesustainable only leads to more problems it solves,” industry already industry being already used.being used.

“On an island she opined.she “Onopined. an island with limitedwith landlimited space,land it is space, it is clear that our path forward must be towards creating clear that our path forward must be towards creating In a November In a 2021 November article2021

by Chris article Jackson

by Chris forJackson for a sustainable for our a sustainable communitycommunity for our families andfamilies future and future Construction21.org, Construction21.org, it discussesitwhat discusses sustainable what sustainable generations.” generations.” construction construction is, some methods, is, someand methods, the benefits. and the benefits.

Jackson defined Jackson sustainable defined sustainable construction construction as “using as “using let them down! themnot down! renewable and renewable recyclable andmaterials recyclable onmaterials buildingon projects building projects Let’s not letLet’s

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17

Compensability of COVID-Related Claims on Your Project.

By Nickolas Florez CFCC

FEATURE STORY

The effects of COVID-19 have arguably impacted every construction project on Guam for nearly three years now.

This is despite the fact that in Guam, construction activities had been declared an essential activity for construction workers on military bases, allowing work to proceed even in light of government mandated restrictions. However, just because the work was not directly or officially suspended or stopped, the impacts were still very real for most projects. Indirect impacts certainly existed, such as the non-availability of labor due to illness or contact with someone who tested positive for COVID, restricted access to the work, supply chain disruptions, quarantine restrictions, and the list goes on.

From a historical timeline perspective, the major governmental actions in response to COVID occurred as follows:

emergency initially established almost three years earlier, on March 15, 2020.

• March 15, 2020: The Governor issues public health emergency declaration.

• March 17, 2020, Naval Base Guam and Anderson Air Force Base limit base access.

• March 20, 2020: Governor 's executive order shuts down nonessential businesses and gatherings.

• April 30, 2020: The Governor signs Executive Order 2020-11 establishing a four-step Pandemic Conditionof Readiness (PCOR) system ranging from maximum restrictions at 1 to no restrictions at 4.

• May 10, 2020:Guam moved to PCOR 2.

• July 20, 2020: Guam moved to PCOR 3.

• August 14, 2020: Guam moved to PCOR 1.

• August 20, 2020: Base installations set to Health Protection Condition (HPCON) C. • January 15, 2022: Guam moved to PCOR 2.

• February 21, 2022: Guam moved to PCOR 3.

• March 29, 2022, individuals arriving in Guam on domestic or international flights are no longer subject to quarantine.

• January 6, 2023: The state of public health emergency in Guam is lifted

However, providing a no cost time extension is all well and good, but what about entitlement to compensable time, particularly for those contracts that were awarded prior to or shortly after the pandemic started and for which the impacts could not have been anticipated in magnitude or duration at the time bids were being prepared?

Project delays resulting from such impacts are excusable under Federal contracts and as such, time lost should be recoverable. FAR 52.249-10 (Default - Fixed Priced Construction) prohibits the government from terminating a contract for default or from assessing damages for late completion should delays be beyond the control and without the fault or negligence of the Contractor.

Specifically, the default clause cites eleven examples of excusable delay which include, (vi) epidemics and (vii) quarantine restrictions, both of which directly relate to COVID-19. As such, contractors should not have had any difficulty in obtaining some relief by receiving a no cost extension of time under this clause.

Now, after an extended pandemic, we have two recent decisions from the Armed Services Board of Contract Appeals (Board) relating to compensable delay claims associated with COVID that help to shed light on the compensability of COVID claims.

The recent Board decisions are examples where the Air Force (v APTIM Federal Services LLC - ASBCA 62982) and Army (v JE Dunn Construction Co. - ASBCA 62936) both prevailed in defending the contracting officer's decision to deny a claim for compensable damages resulting from government mandated suspension of base access in an attempt to help stem the spread of COVID. Both the Air Force and Army used the Sovereign Acts Doctrine as their primary defense. Some key takeaways from the decisions are: The Sovereign Acts Doctrine is an affirmative defense; therefore, the burden of proof remains with the government when using this defense. For a sovereign acts defense, the government must prove i) the governmental action was public and general and ii) the act must render the performance of the contract impossible.

As can be seen from figure 1 above, the most restrictive period in Guam occurred over a seventeen-month period between August 14, 2020 to January 14, 2022. On January 6, 2023, the Governor lifted the public health facebook.com/GuamContractors

Both APTIM and Dunn argued that the government failed to prove the second prong of the sovereign acts defense, that performance was impossible. In, APTIM, the appellant argued that impossibility of performance was not proven by the Air Force and could therefore not prevail in their affirmative defense, for which the Board countered by averring that proof was unnecessary, stating; "[The] impracticability of the performance [was] plain: the government cannot allow [appellant] to proceed

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MARCH 2023

19

FEATURE STORY

[with its contractual work]...without violating the law". In Dunn, the appellant argued that performance was not impossible because less restrictive measures could have been implemented to protect the public and still allow work to continue. In this case, the Board did not directly address the argument of impossibility of performance but rather opined that the appellant failed to demonstrate that it would have suffered less damages with lesser restrictions, and therefore failed in proving that any damages were suffered by implementation of the full restrictions.

In both cases, impossibility of performance was attacked as the weak link in a Sovereign Acts Doctrine defense and, in both cases, the Board creatively sidestepped the fact that impossibility of performance was not actually demonstrated by the Government, which allowed the Government to prevail. As cases become more complicated and larger in dollar value, I can easily envision where impossibility of performance cannot be proven by the government, as it their burden to prove and contractors will begin to prevail in compensability claims caused by COVID. For example, in situations where access restrictions implemented under a contract were based on the Contracting Officer’s personal interpretation of a policy issued by a base commander and where other viable options existed that would have allowed the work to proceed (similar to Dunn). Keep in mind that Dunn may have prevailed had they been able to show damages.

Another potentially compensable situation is where the Contracting Officer specifically directed actions to be taken. Secretary of Defense letter dated 3/30/2020 states: “Where the contracting officer directs changes in the terms of contract performance, which may include recognition of COVID-19 impacts on performance under that contract, the contractor may also be entitled to an equitable adjustment to contract price using the standard FAR changes clauses” In my opinion, this letter clearly provides compensability of impacts caused by COVID when the Contracting Officer directs specific performance.

It will be interesting to see how more complicated and fact specific compensability claims will be adjudicated in the future, but I fully expect, given the right set of circumstances and facts, contractors will likely prevail in certain COVID-related compensability claims.

About the Author: Nickolas Florez is a Certified Forensic Claims Consultant and former Contracting Officer with both NAVFAC & USACE with over 35 years in construction and contracting 671-682-9020

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PHOTO HIGHLIGHTS

S.A.M.E. Joint Luncheon February 22nd, 2023 Hyatt Regency Guam

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PHOTO HIGHLIGHTS

13

MEMBER BENEFITS

Guam’s only truly dedicated urgent care: the FHP Urgent Care

By Rodney “RJ” Ricarte

Access to the FHP Health Center, Guam’s best medical, dental and vision clinic, is included in your TakeCare GCA Employee Health Plan benefit.

A convenient, one-stop health care facility with multiple specialties and diagnostic services, the FHP Health Center offers these services mostly under one roof for your family.

Your health benefit also includes access to the FHP Urgent Care.

If you or one of your family members enrolled in the health plan needs to be seen by a medical provider for an illness or injury that is NOT life threatening, but still requires immediate medical care, you can go to FHP Urgent Care. With convenient hours, the FHP Urgent Care is Guam’s only truly dedicated urgent care with walk-in, no appointment service, and trusted medical providers for you to receive quality medical care.

How do you know if you should go to the FHP Urgent Care or to the Guam Memorial Hospital or Guam Regional Medical City Emergency Room?

Life threatening, serious symptoms or injuries Go to the Emergency Room if you are experiencing more serious and possibly life threatening symptoms or injuries such as severe abdominal, chest pain, babies needing immediate care, serious eye or head injuries, severe burns, stoke symptoms (numbness, paralysis, slurred speech, etc), significant difficulty in breathing, heart attack symptoms, high fevers, and suspected drug overdose or poisoning.

Remember, when in doubt, dial 911.

NOT life threatening, but need immediate attention Keep in mind, the FHP Urgent Care is for illness and injuries that are NOT life threatening but still need immediate attention. Go to the urgent care if you are experiencing allergic reactions, broken bones, sprains and strains, cuts requiring stitches, mild fevers, minor burns, pink eye, animal or insect bites, or cold and flu symptoms.

The FHP Urgent Care is open Monday-Saturday, 8:00am to 8:00pm, closed Sundays. For more information, please call 671-646-5825.

Rodney “RJ” Ricarte is the TakeCare account executive for GCA. He can be contacted at (671) 487-7121 or rodney.ricarte@takecareasia.com.

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NEWSLINE

NEWSLINE

Customize Supervisor and Employee Training for an Effective Health and Safety Program Safety training, education and professional development are all critical to a top-performing company. These investments can powerfully shape culture, reinforce expectations, provide valuable feedback and equip the workforce to meet or exceed expectations.

Selecting Effective Goals Traditionally, safety training was measured by whether it resulted in the desired behavioral change. The training process may have been implemented by just reading rules, watching the same old video or running through modules online.

Sometimes, it seemed the goal was simply completion of the training rather than engaged learning for understanding. Ineffective goals for health and safety training lead to a

culture where people adhere to expectations only when certain people are watching. This destroys the creditability of the safety culture and creates an underperforming system based on luck.

What does it take to be engaging? Be intentional about identifying training needs and making the training meaningful to the workforce. In contrast, providing heat stress training in the middle of a cold winter is not going to be engaging and will erode safety culture. To be effective, supervisors need additional training, not just on procedures and management policies, but professional development as well.

The more highly trained the supervisor, the more effective they will be in their role. Now more than ever, the supervisor also needs to be a resilient leader to advance the program.

Choosing the Right Methods The maturity of a company’s health and safety program and journey will determine the method used to train and educate. For a company with a mature program, the training might feel more like a discussion group. But for one just beginning the journey, or for a company with many new employees, health and safety training need structure and formality to ensure the clarity of the message.

When people are engaged and equipped in a way that is meaningful to them, they will choose to work safely because they want to. And they will continue to do so if they are supported with proper planning and resources.

This creates a strong and effective health and safety culture.

OMB Issues Proposed Rule To Implement Buy America Requirements On Feb. 9, the Office of Management and Budget released a proposed rule to revise OMB’s Guidance for Grants and Agreements. This guidance defines the rules for federal agencies as they distribute funding through grant programs. The revisions would aid implementation of the Build America, Buy America Act provisions of the Infrastructure Investment and Jobs Act. The IIJA requires the following expanded Buy America preferences and broadens the preferences to include nonferrous metals, such as copper used in electric wiring; plasticand polymer-based products; glass, including optical fiber; and certain other construction materials, such as lumber and drywall: • All iron and steel used in the project are produced in the United States.

This means all manufacturing processes, from the initial melting stage through the application of 26

MARCH 2023

coatings, occurred in the United States.

• All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

• All construction materials are manufactured in the United States.

This means that all manufacturing processes for the construction material occurred in the United States.

The proposed rule codifies the rules CONSTRUCTION NEWS BULLETIN

outlined above and is intended to clarify several aspects of Buy America implementation: • Defines “cost of components” as acquisition cost and transportation costs for components purchased by the contractor and all costs associated with the manufacture of the component, including transportation costs, for those manufactured by the contractor; • Specifies manufacturing standards for various construction materials; and • Defines “manufactured products” as products that “do not consist wholly or predominantly of iron or steel or both” and are not construction materials.

ABC previously commented on an OMB Request for Information and will again be participating in the regulatory process. Comments on the proposed rule are due by March 13, and may be submitted via regulations.gov. www.guamcontractors.org

BUILDING PERMITS

PE RM IT S F O R F E B R UA RY 2 0 2 3 PERMIT TYPE

CONSTRUCTION COST

BUILDING PERMIT FEES

Residential

NEW ADD RENO

$3,433,300 $477,050 $25,000

$16,114.7 $4,491.57 $291.38

Commercial

NEW ADD RENO

$175,000 $423,619.25 $998,777

$2,095.5 $5,630.63 $11,447.29

$19,339,973.89

$101,288.15

$0

$0

Utility / Infrastructure

$2,570,000

$15,411.41

Solar / Photovoltaic

$675,565.4

$7,080.45

Elevator / Escalator

$92,000

$572.63

Signage

$30,592

$1,164.18

$0

$0

$67,760

$1,433.03

Boring / Testing

$0

$0

Miscellaneous

$8,772.5

$745.63

$28,317,410.04

$167,766.55

Government Warehouse/Storage

Demolition Clearing / Grading

TOTALS

COMPLETED BUILDINGS (OCCUPANCIES) Townhouse

Church / Chapel

Government

2

17

Hotel

Stores / Shops

3

Condominium

Utility / Infrastructure

Hospital / Clinic

Apartment Bldg.

1

Warehouse / Storage

Restaurant / Bar

2

Commercial 4Plex / Duplex

1

1

School / Child Care

Residential

TOTALS

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MARCH 2023

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CONSTRUCTION NEWS BULLETIN

Sub- Total Workers

Automotive Mechanic Baker Boiler Mechanic Camp Cook Crew Leader Dental Auxilary Electrician (Motor Rewinder) Elevator Installer Technician Field Service Technician Heavy Equipment Mechanic Lead Transportation Equip Painter Maintenance Mechanic Marine Mechanic Mechanical Foreman Painter Painter Blaster Pipefitter Planning Clerk QC Inspector Scaffolder Shipwright Carpenter Soil Technician Specialty Chef- Greek Welder

Other Non-Construction Occupations

DPRI Authorized Total Occupations 3239

0 125

Sub- Total Workers

125 Total Non-Construction H2-B Workers

12 3 21 40 0 1 4 0 0 0 1 0 7 4 0 4 7 2 3 2 3 0 2 9

Total Const Occupations

Total Other Const. Occupations

Other Construction Occupations

3567

317

4 3 18 27 3 2 6 7 1 0 43 31 2 25 1 3 75 65 0 1 0

Employers Workplace Monthly Report Statistics

A/C & Refrigeration Mechanic Auto Cad Drafter Const. Equipment Mechanic Construction Supervisor Crane Operator Equipment Technician Field Supervisor Foreman HAVC/Aircon Technician Health, Safety & Environmental Specialist Heavy Equipment Mechanic HVAC & Refrigeration Mechanic HVAC & Refrigeration Technician Landscape Gardeners Lisc. Practical Nurse Occupational Health Safety Tech Painter Pipefitter Rebar Worker Rigger Structural Worker

GUAM DEPARTMENT OF LABOR Alien Labor Processing Certification Division

6

Camp Cook

3692

3565 74 36 2 4 2 9 0 0 0

*June 2022

Total U.S. Workers in H2 companies Grand Total H-2B Workers

Australia 0.05%

El Salvador 0.24%

2500

3692

0

500

1000

1500

2000

3000

3500

4000

4500

3%

6%

Honduras 0.00%

Mexico 0.00% Romania 0.00%

4%

34%

21%

Welder

Camp Cook

Electrician

Heavy Equip. Operator

Sheetmetal Worker

Plumber

Structural Steelworker

Reinforcing Metalworker

Carpenter

Cement Mason

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

Total U.S. Workers in H2 Grand Total H-2B Workers companies

US Workers vs. H-2B

14%

US Const workers

6%

9%

0%

Romania

Honduras

Mexico

El Salvador

Greece

New Zealand

Australia

Taiwan

Korea

Philippines

Philippines 96.56%

Common Construction Occupations

Korea 2.00%

Taiwan 0.98%

3%

Greece 0.05%

Workers by Country of Origin

New Zealand 0.11%

3054

3567 3873

less H-2B US Const workers

56

Total H-2B Employers

7440

7

Non-Construction

CES US Workforce*

49

Construction

Employers By Industry

Total by Nationality

Philippines Korea Taiwan Australia New Zealand Greece El Salvador Mexico Honduras Romania

Workers by Nationality

3250

307

Electrician

Total Common Const.

191

Heavy Equip. Operator

137

96

Sheetmetal Worker

Welder

85 183

Plumber

460

Reinforcing Metalworker Structural Steelworker

697 1088

Carpenter

Common Const. Occupations Cement Mason

MONTH ENDING: February 2023

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