GCA Construction News Bulletin February 2017 by Guam Contrators Association

VOL. 58 ISSUE 2 FEBRUARY 2017 • GUAM CONTRACTORSʼ ASSOCIATION

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TABLE OF CONTENTS

CONSTRUCTION NEWS BULLETIN

FEBRUARY 16 S.A.M.E.

INSIDER NEWS

Construction headlines

FEATURE STORY

PHOTO HIGHLIGHTS

Crane critique

Small business notes

Military news

2017

Feature Story

20 Feature Story

Chamorro Ph rase Of Th e M o n th Fino Chamorro: English:

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EDITORIALS

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THEDIRECTORS

THEEDITORIALS

THETEAM

PRESIDENT James A. Martinez Guam Constractors’ Association

Guam Contractor’s Association (GCA) in conjunction with Adztech and Public Relations, Inc. publishes the Construction News Bulletin (CNB) monthly. Reproduction of materials appearing in this publication is strictly forbidden without written permission by GCA.

PUBLISHER: James Martinez

PAST CHAIRMAN John Sage WATTS Constructors

While we always strive for accuracy, we will from time to time overlook mistakes. In order to help us improve the quality and accuracy of this publication, we ask that you take the time to look at the information provided and notify GCA or Adztech of any corrections as needed. Opinions and editorial content of this publication may not necessarily be those of the publisher, production team, staff, GCA members, GCA Board of Directors and advertisers.

CHAIRMAN William Beery Tutujan Hill Group VICE CHAIRMAN Conchita Bathan Core Tech International SECRETARY/TREASURER John Robertson AmOrient Contracting CONTRACTORS DIRECTORS: Joe Roberto East Island Tinting Mark Mamczarz Black Construction Corp Peter Errett Hawaiian Rock Products Jessica Barrett Barrett Plumbing

ASSOCIATE DIRECTORS: Jeffrey Larson TakeCare Asia Pacific

AD SALES: Jaceth Duenas PRODUCTION: Jason Davis PHOTOGRAPHERS: Christopher “Taco” Rowland EDITOR: Adztech

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.

CONTRIBUTING WRITERS: John Robertson R.D. Gibson John Aguon Dave Barnhouse

Distributed to GCA members or can be obtained by stopping by the Guam Contractors’ Association office located at 718 N. Marine Corps Drive, Suite 203, East West Business Center, Upper Tumon, Guam.

GCA STAFF: Desiree Lizama Elaine Gogue

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

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PRODUCTION TEAM LEAD: Geri Leon Guerrero

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Postmaster. Send address changes to Guam Contractors’ Association, located at 718 N. Marine Drive Corps Suite 203, East West Business Center, Upper Tumon, Guam.

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N E W S L E T T ER

February 2017

M I L I TA R Y B R I E F :

ANNOUNCEMENTS Engineers Week: February 19—26th, 2017 Charlie Corn Golf Tournament—May 13th, 2017 P.E. Exam Study Group—interes

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INSIDER NEWS

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THREE CHALLENGES TO THE MILITARY BUILDUP

denials was denials a training was aissue, training the issue, denials the denials continue today. continue Attorney today. Attorney Joseph also Joseph also Hearing in Hearing Guam in District GuamCourt: District The Court: The pointed that special out that consideration special consideration has has case was heard case was before heard thebefore Honorable the Honorable pointed out been given been to Guam given to because Guamofbecause its unique of its unique Joaquin V.E. Joaquin Manibusan, V.E. Manibusan, U.S. Magistrate U.S. Magistrate such as removal such asofremoval Guam of from Guam from Judge on 17th JudgeJanuary. on 17thThe January. GCAThe andGCA andsituation, situation, the 66,000 thevisas 66,000 per year visascap perrequired year cap required other Plaintiffs other Plaintiffs requestedrequested a Preliminary a Preliminary inofCONUS. in CONUS. The military Thebuildup militarywill buildup will InjunctionInjunction requiring requiring the Department the Department of require 10,000 requireforeign 10,000workers, foreign according workers, according Homeland Homeland Security and Security U.S. Citizenship and U.S. Citizenship the Navy’sthe EIS Navy’s so approvals EIS so approvals for 10 andfor 5010 and 50 & Immigration & Immigration Services to Services resumetothe resume the workers themisses point.the Adjudication point. Adjudication processingprocessing of work visas of work for Guam visas for in Guam inworkers misses of applications from Guam from employers Guam employers the manner theconducted manner conducted for the past for30 the past 30of applications that include thatcertifications include certifications by the Guam by the Guam years and years prior and to December prior to December 2015. The2015. The Department Department of labor, are of labor, being are processed being processed matter hinges matter on hinges the interpretation on the interpretation of of By John M. Robertson bybe USCISbypersonnel USCIS personnel in California in California that that temporariness temporariness of a position of aneeding positiontoneeding be to are unfamiliar with the Guam with the situation. Guam situation. filled. Attorney filled. Attorney for the Class for the Action, ClassJeff Action,are Jeffunfamiliar They should They have should rightly have given rightly deference given deference Joseph Esq Joseph of theEsq Joseph of the Law Joseph FirmLaw PC Firm PC THREETHREE CHALLENGES CHALLENGES TO THETO THE to the certifications to the certifications by GDOL. by He GDOL. also He also of Aurora,ofColorado, Aurora, Colorado, argued among argued other among other MILITARY MILITARY BUILDUP BUILDUP noted there noted has there been ahas minimum been a minimum of abuse of abuse things that things therethat has there been ahas substantial been a substantial The Military The Buildup Militaryon Buildup Guamon was Guam was change inchange to H‐2B visas to H‐2B on Guam visas on dueGuam to due to policy as in apolicy de‐facto as achange de‐facto changeconnectedconnected first announced first announced in 2004 when in 2004 former when formerwithout hearings stringent stringent monitoring monitoring and enforcement and enforcement of of without and hearings without andpublication without publication Deputy Under Deputy Secretary Under Secretary of Defense offor Defense in forthe Congressional the H-2Bthe requirements H-2B requirements by Guam by DOL, Guam DOL, in the Congressional Record. This Record. beingThis being Asia-Pacific Asia-Pacific Affairs, Richard Affairs,P.Richard LawlessP. Lawless which is generally which is generally not the situation not the in situation in contrary to contrary the Administrative to the Administrative Procedures Procedures stopped by stopped Guam by following Guam following negotiations negotiations Act and itAct is arbitrary and it is and arbitrary capricious. and capricious.CONUS.CONUS. in Japan. in The Japan. initialThe plan, initial as announced plan, as announced For the past Forthirty the past years thirty USCIS yearshas USCIS has by formerby Executive former Executive Director of Director the Joint of the Joint The government case was presented case was presented by by been approving been approving H-2B petitions H-2B filed petitions filed The government Guam Program Guam Office, Program David Office, F Bice, Davidwas F Bice, Attorney Attorney Glenn Girdharry Glenn Girdharry Esq, deputy Esq, deputy bywas Guam by employers Guam employers based on the based same on the same to move ±7,800 to move Marines ±7,800 from Marines Okinawa from Okinawa to operative to operative head of the head U.S. ofDepartment the U.S. Department of Justice,of Justice, facts and facts law. All andapplications law. All applications Guam in Guam 2014. What in 2014. with What objection with objection by by beenhave Office Office of Immigration Litigation,Litigation, District District have on the been basis on of the“Peak basis Load” of “Peak or Load” or of Immigration the Senatethe that Senate caused that a multiyear caused a multiyear delay delay Court Section Courtbased Section in Washington based in Washington DC. DC. “One Time “One Occurrence” Time Occurrence” as required as for required for and Supplemental and Supplemental Environmental Environmental Impact Impact He startedHe bystarted saying by thesaying practical the aspect practical aspect temporarytemporary workers. The workers. H-2BThe regulations H-2B regulations Studies and Studies most and recently mostthe recently discovery the discovery of this situation of this is situation unfortunate is unfortunate but there but there clearly anticipate clearly anticipate that an employer that an employer may may of a rare butterfly of a rare and butterfly a never-before and a never-before seen seen a recurrent has been no haschange been noinchange policy. in Hepolicy. repeated He repeated have have a recurrent need for H2B need workers for H2B workers orchid species orchid onspecies Guamon by Guam the U.S. by Fish the U.S. and Fishallowsand that statement three additional three additional times. It times. It forallows certification for certification in those in those that statement and Wildlife and Service, Wildlifewe Service, are still wepatiently are still patiently is an interpretation of “Temporary”. of “Temporary”. He He circumstances. circumstances. However,However, in the pastin the pastis an interpretation waiting. There waiting. are There three are additional three additional major major said the Plaintiffs could not could demonstrate not demonstrate fiscal yearfiscal the approval year the rate approval for H-2B rate for H-2Bsaid the Plaintiffs challengeschallenges that now that meritnow discussion. merit discussion. The petitions The filed temporarytemporary need as opposed need asto opposed permanent. to permanent. petitions by Guam filed by employers Guam employers has has three are three described are described below. below. They could They not could demonstrate not demonstrate severe severe gone fromgone closefrom to 100% close prior to 100% to 2015 prior to 2015 damages the denials. from theBy denials. regulation By regulation to 3.18 percent to 3.18from percent October from2015 October to 2015 todamages from WORKFORCE WORKFORCE CRISIS CRISIS only the USCIS only thecan USCIS determine can determine whether whether SeptemberSeptember 2016 and 2016 4.4 %and from 4.4January % from January CONTINUES CONTINUES position requested was for a temporary was for a temporary 2016 to September 2016 to September 2016. USCIS 2016.has USCIS hasa positionarequested Denials ofDenials H-2B work of H-2B visa work applications visa applications need. Judge need. Manibusan Judge Manibusan interrupted interrupted denied there denied has there been any has been change anyinchange its in its and visa renewals and visa by renewals the U.S. byCitizenship the U.S. Citizenship repeatedlyrepeatedly and advised andthat advised USCIS that USCIS policies for policies determining for determining temporariness temporariness and Immigration and Immigration Services (USCIS) Services (USCIS) and state and should deference give deference to GDOL. to Their GDOL. Their onlystate that only they that are providing they are providingshould give for Guamfor employers Guam employers continuescontinues in spite in spite opinions should opinions beshould given greater be given weight. greater weight. training on training the evidentiary on the evidentiary requirements requirements of ongoing ofefforts ongoing by efforts Congresswoman by Congresswoman He pointed Heout pointed that since out that World since War World II, War II, for proving fortemporariness. proving temporariness. USCIS then USCIS then Bordallo, Bordallo, GovernorGovernor Eddie Baza Eddie Calvo, Baza theCalvo, the Leon depended has depended on foreignonworkers foreign workers director, director, Rodriguez, Leon Rodriguez, referred toreferred toGuam hasGuam Guam Department Guam Department of labor, the of labor, Guamthe Guam in construction in construction and otherand industries. other industries. The The the increase theinincrease denial rate in denial as perceived. rate as perceived. Contractors Contractors Association Association and others. and Inothers. In Attorney point Attorney GirdharryGirdharry made thatmade that Attorney Attorney Joseph pointed Josephout pointed despite out despite one pointone October, the October, GCAthe andGCA twelve and companies twelve companies damaging be damaging to the GCA to the case, GCA case, Director Rodriguez' Director Rodriguez' claim thatclaim the that the might be might on Guamon as Guam named as Plaintiffs, named Plaintiffs, filed a Class filed aincrease Class inincrease if and correct,ifiscorrect, that a case is that involving a case involving the the denial rate in denial was "perceived" rate was "perceived" and Action lawsuit Actioninlawsuit Guam in District GuamCourt. District Court. that the temporary that the temporary increase inincrease RFEs and in RFEs and 10 | FEBRUARY2017

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INSIDER NEWS

Administrative Procedures Act cannot Administrative Procedures Act cannot from either from or both eithersides or both will sides be heard. will be If heard. If The JudgeThe advised Judgethat advised if arbitrary that if arbitrary and and be decidedbebydecided this court but court instead by this but instead capriciouscapricious the Class the certification Class certification is denied,isAttorney denied, Attorney actions have actions beenhave taken been by taken by should goshould to the go Halls of Congress. to the Halls of Congress. an agencyanofagency Joseph will Joseph wantwill to add want as to many addparties as many toparties to the Federal of theGovernment, Federal Government, Judge Manibusan respondedresponded that therethat there Judge Manibusan the arecase interested as are interested in being named in being named this Court this is the Court correct is thejurisdiction correct jurisdiction to to case asthe is a higherispurpose Congress has a higherhere. purpose here. Congress has Plaintiffs.Plaintiffs. consider such consider a case. such Judge a case. Manibusan Judge Manibusan decided todecided move Marines Guam.to Guam. advised that to move to Marines advised his court that his willcourt take will the take the In order toInaccomplish that purpose, order to accomplish that apurpose, case a under of Litigation: Cost of Litigation: A Trust Fund A Trust Fund case submission under submission and makeand make The CostThe workforceworkforce is needed istoneeded build the base. the base.recommendation to build was established in July 2016 in July to deal 2016 to deal recommendation to the Chief to the Judge. Chief Judge.was established Judge Manibusan indicated indicated that Congress Judge Manibusan that Congress with expense the legalassociated expense associated with with Attorney Attorney Joseph told Joseph the Judge told the thatJudge he that with he the legal has already this issue whenissue it whenwas hasspoken alreadyonspoken on this it hopeful thebeing actions taken. beingAstaken. of the As endof the end wasthat hopeful a settlement that a settlement could be could the be actions removed Guam from the 66,000 removed Guam from thevisas 66,000 visasworked out of the January, amount theofamount $65,000 of had $65,000 had worked between out the between two parties. the two parties.of January, per year cap CONUS so that so that perrequired year cap in required in CONUS been collected been collected from GCA from members GCA members and and Attorney Attorney Glenn Girdharry Glenn Girdharry agreed. The agreed. The H-2B workers come to Guam H-2Bcould workers could come to Guam to others from others the from community. the community. Those notThose not Judge gave Judge the parties gave theuntil parties 31stuntil January 31st January help withhelp the U.S. withMilitary the U.S. Build-up. Military Build-up.to submittoa settlement impactedimpacted by the workforce by the workforce crisis havecrisis have submit a settlement agreement agreement and and Attorney Attorney GirdharryGirdharry respondedresponded that he was that he was tooffered been as generous been as generous as those impacted. as those impacted. A A offered assist in toreaching assist in reaching agreement agreement not able tonot connect two. That is above able tothe connect the two. That is above total of $100,000 total of $100,000 is neededistoneeded cover to cover if they chose if they to do chose so. Attorney to do so. Attorney Joseph Joseph him. Judge Manibusan pointed out that out that him. Judge Manibusan pointed expected expected to be incurred to be through incurred through thanked the thanked Judgethe for Judge the offer for and the offer and expenses expenses this courtthis could change decision court couldthe change theofdecision of May 2017.May Contributions 2017. Contributions should beshould be agreed toagreed take advantage to take advantage of the offer. of the offer. an agencyan if agency it is arbitrary capricious. if it is and arbitrary and capricious. made payable madetopayable the “H-2B to the Escrow “H-2B Escrow Attorney Attorney GirdharryGirdharry thanked the thanked Judgethe Judge He noted He thatnoted Guam hasGuam no possibility of that has no possibility Account”Account” and with and reference with reference number number butofdeclined but the declined offer. the offer. securing workers thanother through securingother workers thanthe through the “2016-1143CKM”. “2016-1143CKM”. Checks can Checks be mailed can be mailed H‐2B visaH‐2B program. visa program. to: Title Security Inc,Title 356 South Inc, 356 Marine South Marine Settlement Settlement Offer: AOffer: total ofAthree total of three to: Security Corps Tamuning, Drive, Tamuning, GU 96913. GU 96913. proposals proposals for settlement for settlement were submitted were submitted by Corps by Drive, Attorney Attorney Joseph to Joseph Attorney to Attorney Girdharry.Girdharry. In essence, Inthe essence, proposal the focused proposalonfocused the on the MILITARY MILITARY MUNITIONS MUNITIONS AND AND following:following: “In making “Intemporariness making temporarinessEXPLOSIVES EXPLOSIVES OF CONCERN OF CONCERN determinations, determinations, the Governor the Governor can utilizecan utilize (MEC) (MEC) To safeguard human health human and health the and the advisory opinions, advisory opinions, consultations, consultations, and and To safeguard environment, environment, EPA and EPA the Department and the Department must be provided must be by provided officially by sanctioned officially sanctioned of (DoD) Defensemust (DoD) address mustthe address the groups which groups reflect which a balance reflect aofbalance the of the of Defense contamination contamination legacy leftlegacy by military left by military interests of interests the public of the andpublic private and sectors, private sectors, munitionsmunitions and explosives and explosives of concernof concern government, government, unions and unions management. and management. (MEC). “MEC (MEC).are “MEC unexploded are unexploded ordnanceordnance The memoThe would memo indicate wouldthat indicate Governor that Governor (UXO) and (UXO) otherand hazardous other hazardous munitionsmunitions of Guam of is in Guam the best is inposition the besttoposition make to make materials materials left behind leftfrom behind military from military temporariness temporariness determinations determinations given its given its live-fire training live-fire or training testing,oropen testing, burning open burning remote location, remote unique location, workforce, unique workforce, and and detonation, open detonation, and munitions and munitions military importance military importance to the U.S.” to the TheU.S.” Theand openand destruction destruction and burialand burial settlementsettlement proposal was proposal presented was presented by bytreatment,treatment, activities.” The foregoingforegoing is a definition is a definition Attorney Attorney GirdharryGirdharry to his client, to his theclient, the activities.” The contained in an EPA inEnforcement an EPA Enforcement director ofdirector the USCIS. of the The USCIS. proposal The was proposalcontained was bulletin. rejected on rejected the basis on that the basis only that USCIS onlyisUSCISbulletin. is authorizedauthorized to determine to determine temporariness temporariness of of Attorney Jeff Joseph at the According According to a December to a December 2003 2003 a position.a position. January GCA Luncheon Government Government Accountability Accountability Office Office (GAO)DoD report, suspects DoD or suspects or The Way The Forward: Way Forward: There were There threewere three(GAO) report, After a break, Afterattorney a break,Jeff attorney JosephJeff Joseph motions before acknowledges contamination contamination by military by military motions thebefore court.the First, court. the First, the acknowledges respondedresponded to points raised to points by raised the Defense. by the Defense. of an estimated of an estimated 15 million15 million Plaintiffs Plaintiffs motionedmotioned for a temporary for a temporary munitionsmunitions He said that He the saidUSCIS that theisUSCIS not engaging is not engaging acresDoD of land. estimates DoD estimates cleanup cleanup injunctioninjunction to put things to put back things as they back as theyacres of land. with the facts with of theeach factsapplication of each application and andwere untilwere of these will sites cost from will cost $8 billion from $8 billion a final until determination a final determination can be can of be these sites this is evident this isbyevident the same by the wording same being wording being to the $35 billion. to $35DoD billion. transferred DoD transferred control control made – the made Defense – theobjected. Defense objected. Second, the Second, used in each useddenial. in each The denial. Government The GovernmentPlaintiffs Plaintiffs of of of millions acres ofofland acresused of land for used for motionedmotioned for Certification for Certification of ofmillions interpretation interpretation of temporary of temporary is wrong. is wrong.the Class the manufacturing manufacturing munitionsmunitions to non-Federal to non-Federal – the Class Defense – theobjected. Defense objected. Third, Third, If the H‐2B If the visaH‐2B does visa not apply does not to the apply to thethe Defense entities orentities other Federal or otheragencies Federal to agencies use to use themade Defense a motion made atomotion dismissto dismiss situation in situation Guam,inthen Guam, whatthen does.what Thedoes. The for purposes for purposes other than other theirthan original their original the case. The the case. Plaintiffs The Plaintiffs submittedsubmitted their their USCIS isUSCIS involvedis in involved rule making in rulewhich making which intent. Recent intent.Government Recent Government estimatesestimates oppositionopposition to the motion to thetomotion dismisstoondismiss on is not allowed is notwithout allowedawithout public hearing a public hearing for MECfor clearance MEC clearance on Guamon related Guamtorelated to February February 4th. These 4th. three These motions threeare motions are and publication and publication in the Congressional in the Congressionalto be decided the buildup militaryatbuildup $3.2 Bilaton $3.2 theBil on the to beby decided the Guam by the District Guam District the military Record. Irreparable Record. Irreparable harm has harm occurred has to occurred to Depending low side to low over side$14.0 to over Bil $14.0 on theBil high on the high Court. Court. Depending on the outcome on the of outcome the of the local Guam local businesses Guam businesses as a resultasofathe result of the side. Also, side. theAlso, military the buildup militaryisbuildup being is being ruling on ruling these motions, on these the motions, next court the next court USCIS failure USCIS to failure act appropriately to act appropriately in this inhearing this ishearing delayed by delayed at leastby18atmonths least 18because monthsofbecause of to be inisMay to be2017 in May at which 2017 at which matter. matter. this one issue. time motions timefor motions Summary for Summary JudgmentJudgmentthis one issue. Like Us On Facebook

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INSIDER NEWS The Guam Contractors Association and its members has become increasingly concerned over the extreme manner in which MEC clearance is being executed on our island for military projects inside the fence. It is noteworthy that the same approach is not being applied for DoD funded infrastructure projects outside the fence or for out granted land leases on-base. Contractors have been adversely impacted by delay and interruption to construction projects due to what is considered a drastic over reach. First of all, the situation on Guam does not conform to the definition of MEC provided above. The concern here is for World War II unexploded ordnance from both American and Japanese forces. The ordnance was for the most part duds 70 years’ ago that have deteriorated over time since then and cannot be compared with modern day munitions from a firing range. In 70 years, finding and clearing WW2 UXO on Guam construction projects, whether for military or civilian purposes, has never resulted in an unintended detonation. This spotless safety record was accomplished through explosives safety methods following OSHA’s requirement to apply the “3Rs”: Recognize munitions, Retreat from the site and Report to a military Explosive Ordnance Disposal (EOD) mobile unit. This approach was based on a project by project “Activity Hazard Analysis” in consistency with the projects overall “Safety Plan”. Without going into the details of current methods, they appear to carry a greater safety risk to contractors than the “3Rs”. The Government appears to be taking on greater legal risk by stipulating how MEC clearance is to be executed. There is minimal to no risk to the environmental. Contractors and the Department of Defense have been negatively impacted via cost and schedule by the MEC removal approach being taken. Funds are being siphoned away from good planning and engineering as well as infrastructure building to spend billions on munition responses that increase contractor and DoD safety and legal risk and without environmental benefit. It is time to consider a more rational approach by returning to a system such as the “3Rs” method along with mag and dig in those 12 | FEBRUARY2017

CONSTRUCTION NEWS BULLETIN

areas suspected of being former weapons caches. CNMI Joint Military Training EIS/OEIS (CJMT) Following an in-depth review of public comments on the proposed construction of military training areas in the Commonwealth of the Northern Mariana Islands (CNMI), and consultation with CNMI Gov. Ralph Torres, the Department of Defense decided in February 2016 to issue a Revised Draft Environmental Impact Statement (EIS) for its proposed actions for the CNMI Joint Military Training (CJMT). The revision is expected to be released in March 2017 followed by another opportunity for the public to comment during a review period and public meetings. Decision makers will consider all of the alternatives and their impacts before declaring a preferred alternative. Following the subsequent public comment period, DOD expects to have a signed Record of Decision in 2018. The Tinian Women’s Association, Guardians of Gani, PaganWatch, and the Center for Biological Diversity are suing the U.S. Department of Navy, then Navy Secretary Ray Mabus, and U.S. Department of Defense, and then Defense Secretary Ashton Carter for alleged violation of the National Environmental Policy Act and Administrative Procedure Act. The complainants, through Kimberlyn K. King-Hinds, asked the court to declare that the defendants have violated and are violating the NEPA and APA by adopting and relying on the legally deficient Final Environmental Impact Statement and Single Environmental Impact Statement to issue records of decision regarding the relocation of Marines from Okinawa to the Marianas. King-Hinds asked the court to vacate and set aside the 2010 and 2015 records of decision regarding the relocation of Marines to Guam because if training on Tinian and Pagan is not allowed, there will be no purpose for a Marine Corps base on Guam.

Navy’s decision to station thousands of U.S. Marines in Guam and to conduct live-fire training for those Marines on Tinian and Pagan. The U.S. government, through U.S. Department of Justice Environmental and Natural Resources Division trial attorney Taylor N. Ferrell, on Wednesday 23rd November 2016, asked the U.S. District Court for the NMI to dismiss the plaintiffs’ complaint with prejudice. Dismissal with prejudice means the plaintiff can no longer re-file the lawsuit. Ferrell said the plaintiffs’ request for the court to stop the relocation of Marines from Okinawa to Guam—based upon the Navy’s alleged failure to consider alternative locations—is barred by the political question doctrine. Ferrell said the decision to realign U.S. forces from Japan to Guam is a policy choice by the Executive Branch—a policy choice that the Executive Branch has formalized in a binding agreement with Japan. The foregoing was compiled by John M Robertson PE, Secretary-Treasurer of the Guam Contractors Association and Chairman of the GCA Trades Academy.

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A Quick Recap

The H2B Visa Lawsuit Timeline October 11, 2016

GCA & others file the lawsuit

October 2015

January 18, 2017

H2B Visa approval rate drops to less than 4%

The GCA lawsuit regarding the H2B denials as recently as the late part of January 2017 has set sail. Giving an overview of the lawsuit to GCA members at the January 2017 luncheon, held at the Guam Hilton Resort and Spa, Attorney Jeff Joseph (Immigration Specialist, from Denver, Colorado), commented on the initial proceedings, and what outcomes may be expected. Generally, he felt the judge's view of GCA's and other co-litigants' perspective were well-understood; particularly, with regard to the looming negative economic impact, given the military buildup, hospitality sector, and the health sector. Atty. Joseph believed the judge, with questions he was asking, would give the H2B issue a thoughtful review for the injunction request. Atty. Joseph further explained that the injunction relief, if adjudicated in

14 | FEBRUARY2017

Initial Hearing in Court

our favor, would (it is hoped) bring the H2B situation back to its previous state--with H2B visa approvals granted. At that initial hearing, Atty. Joseph, told the GCA audience that a couple of things were done: A settlement proposal was presented which may or may not approved by the defendants, and that an injection be set in place, until such time that arguments and a judgement would be rendered.

problem, it is an issue which will effect all Guam residents and businesses." Robertson also expressed his gratitude to the legal team: Jeff Joseph, Melinda Swavely, and Jennifer Davis. And, exclaimed, "I am very proud of the Guam Contractors Association. In all the years I've been a member, I am most proud of it now. We are doing something very important for Guam and its residents."

Since this writing, the government has refused the proposed settlement. Therefore, the injunction request is still yet to be decided upon. The wait is on. At the luncheon, Bill Beery and John Robertson, appealed to the attendees to offer their financial support to the legal effort being exercised, not just for the named plaintiffs, but for Guam and our community. As Robertson explained, "While this is an H2B

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Building a Living History By: RD Gibson

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The stories of our ancestors have been passed down through the generations: a commonality between cultures which did not have a writing system, rooted in interdependence, and with little influence from anything beyond the horizons. These stories, often glittered with morals, the profound power of family, and the resilience of our island community, remain as scattered lighthouses on the seas of changing times. However, for the longest time, the people of Guam were missing many of the tangible items that link us to our past. The legendary relics of our history - up there with the Holy Grail and ancient tombs of the Pharaohs – have long since been sprinkled gingerly throughout the world because of globalization and human development. In late 2016, the community saw a soft opening of the Senator Antonio M. Palomo Guam Museum and Chamorro Educational Facility, also known as simply the Guam Museum. After nearly nine decades of talk, tragedy, and triumph, the island has a home for the historical commentary, artifacts, and present discussion for the future of Guam. The story of the Guam Museum is written like that of the people of Guam, composed to teach us about our past, and not without antagonistic and uncontrollable setbacks and obstacles According to the Guam Museum’s website, Dr. Ramon Manalisay Sablan is credited for calling on residents in 1926 to donate their

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antiques for a future Guam Museum. He was the president of the Guam Teachers Association and the first Chamorro medical doctor. Some of these antiques were taken to Hawai’i as stated on Guampedia.com. Fast forward a few years and through the exchange between the American Legion Mid-Pacific Post 1 to the Naval government, the first building in the Plaza de España was destroyed during a pivotal and grim point in the lives of the history of Guam – World War II. Some items were also taken to Japan as “souvenirs”, yet some remained and were recovered during the reconstruction period. Decades would pass. Typhoons would destroy collections. Committees would be created. Laws would pass. Various locations would set up small exhibits. The hands of time would turn. Then in 2013, contracts were awarded to both Architects Laguana + Cristobal, LLC and Inland Builders for the design and construction respectively of the buildings we will soon know as the Guam Museum. It was also used for a short time during last year’s Festival of the Pacific Arts activities. Today, as Guam is continuously growing and expanding, the artifacts of our ancestors, remnants of past villages, and materials are still being discovered. Even at the current site of the Guam Museum itself, as excavations were underway, pieces of yesteryear were discovered and displayed in the soft opening exhibit.

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Currently, the edifice stands at Skinner Plaza – named after Governor Carlton Skinner, the first appointed civilian governor of the territory. It represents more than just the history of Guam, but stands as a symbol of a combination of cultural pride, perseverance, and resilience. “We looked to the past for inspiration, for those elements, symbols, and life experiences we remember that are familiar to us as Chamorros,” said architect Andrew Laguana of Architects Laguana, LCC. He further cites the influence of three generations, his own, his parents’, and his grandparents’. “The symbolism of the Guam experience is woven throughout the building itself.” Laguana went into detail about the structure. The history of Guam represented by the ‘open book’ façade with the unforgettable words of Chief Hurao and excerpts from the Organic Act of Guam of 1950 and the Fanoghe Chamoru. “The shape of the arch is symbolic of the slingstone, or atupat, …the inspiration behind the shape of the Great Seal of Guam, and frames the views of the Plaza de España…” added Laguana. The roof is thatched to demonstrate the patterns of the woven baskets (gua-gua), mat (guafak), and hat (tihong). Moreover, the woven structure provides light like that of being in the thick jungles of Guam. Laguana spoke about the design process involving “the aesthetic, philosophical, and code considerations”, as well as the feasibilities and usage of the building itself. He stated that since the building lies in a flood zone and was required to be lifted an extra two feet off the existing foundation, “we took advantage…by raising the museum so that it sits on a plinth” giving it a grander, stronger building one that proudly stands in the capital city. Additionally, since Skinner Plaza was originally a park, they left the area in the back as a way for stormwater to drain naturally, yet still allow for open green space. Robert Salas of LMS Guam says the museum is “one of the best designed projects on Guam.” LMS Guam recently installed landscaping at the new Legislature building next door. “[I hope people] use it and enjoy it…it was a well done project…it just took longer because of the details and obstacles in the way,” stated Salas. When we look at the construction of buildings, it is important to remember that they do not just arise out of the ground like the volcanic eruptions creating islands. It takes careful, precise planning and building to ensure the work meets all the requirements and encompasses the scope of the project. With such an intricate and 18 | FEBRUARY2017

purposeful design for the project, it was important for a contractor to share the same vision. “The building was constructed on behalf of the people of Guam for the dedication of the preservation, promotion and perpetuation of the Chamorro Culture and the art, history and natural environment of Guam,” Reynald Del Carmen, Vice President of Island Builders Corporation stated.” As the prime contractor of the project, Inland Builders Corporation played the lead role in manifesting the vision the museum. “[We are] excited to have been a part of this historic project and also very proud to have implemented the unique architectural design created by Laguana + Cristobal LLC,” continued Del Carmen. When museums come to mind, images of buildings with gift shops, a structure in a metropolitan, and queues of school kids on a field trip usually pop up. On Guam, our history is a profound representation of the resilience and perseverance of the people who lived it. The museum’s website boasts, “Within these walls and on the grounds the stores of the past will come alive, and new imaginings and new stories will emerge.” It continues, “The Guam Museum reflects the diversity, creativity, and resilience of Guam and the Mariana islands. It will encourage people … to share multiple perspectives and experiences.” Like the story of our museum, our community of contractors has seen their ups and downs, however it remains committed to organizing and presenting the best – and safest - projects for the entire community. Like the history of Guam, your stories are inscribed in making the best out of a situation with the odds stacked against you – time, supplies, materials, and such. However, it all comes together – a true personification of perseverance and determination. Whichever way you decide to view the museum, it is a reality for the dreams of many. It takes the contributions of an entire community to make these dreams a reality. For some this is a realization of the dreams of Dr. Sablan and others like him; for others, it is a way for us to identify with our past and learn for our future. But, there is an underlying factor, it is our museum. “Whether from far away or up close, the building stands as a proud testament to Guam's past and will serve as a witness to its future,” stated Laguana. “Guam's future - the next chapter of this wonderful book - is still unwritten.” We will surely be listening and reading intently as the story unfolds and is passed down for the new generation.

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2017

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PICK UP YOUR COPY TODAY! CALL FOR MORE INFO GCA: 647.4840 ADZTECH: 477.1239

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First-Time AQC Award Winner for Guam 2016 By: John S. Aguon

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As I pull up to IAN Corporation in Radio Barrigada area, located just across the east-side street of Guam Trades Academy, there is a small commotion. In the midst of that activity, is, as I was guessing, correctly, then, Ian Chong— the founder-president of IAN Corporation. It was obvious he was engaged in the episode, and it seemed a usual mode for him. I made my way around the concerned participants and headed to the company's conference room. As the dust settles from the goings on, present there are: Ian J. Chong-President, Jesse P. Pangelinan-Business Advisor, and Jeff Baker-Project Manager. We briefly do the prelims and greetings, but we're here to talk to about the fact that they are a newly, first-time recognized AQC member. IAN Construction, made “the list.” The 2016 Accredited Quality Contractor (AQC) listing, which they were informed of in the last quarter of 2016, at a Guam Contractors Association luncheon; “the list”—their first time.

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Essentially, it is an A-list for some of the most recognized and sought-after construction operations in America. It is an achievement worth the getting. Take a gander at this pledge from the AQC website: AQC PLEDGE “As an Accredited Quality Contractor, our company is committed to providing our clients with the highest quality construction services and we care deeply about our employees and the communities in which we build. We are proud to be part of the construction industry and are dedicated to the principle of free enterprise. We commit ourselves to serve our communities and to provide our employees with the skills they need to work safely and productively in order to meet the needs of our clients.” There’s that—the pledge, as an achiever among your peers, employees, and in your community; to serve your community and provide your employees skills and safety wherewithal to deliver quality to your clients. Whoa. Flashback…1989, Ian Chong, begins his construction journey via a family operation; which, eventually led to

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the establishing of IAN Corporation in 2005. As an up-and-coming contractor, IAN Corporation, cultivated and nurtured key relationships and milestones (DZSP, Guam International Airport Authority, NAVFAC, SBA 8a, and others) within the community, all the while earning a reputation for good work product and reliability. In tandem, IAN Corporation was developing its employee base, emphasizing construction and safety skills development and competence. Ian Chong, weighs in: “Our employee-base is 95% local hire. We encourage our staff to engage themselves, to develop their skills, to participate in our in-house skills and safety training.” On that note, with a predominantly local-hire employee cadre, the reliance on off-island hires is less apt to negatively effect their project timelines and costs. Adding further to this sidebar, Chong said, “We want to also improve our employees’ retention, and these measures help us grow together. Because, we welcome their initiative, and innovation, at accomplishing tasks and problems.”

Employee Benefits Training Community Relations and Diversity While the AQC certification is garnered via an application process, it is not merely based on an applicant construction company’s self-reporting. Interviews were taken with a variety of the applicant’s clients for which work was performed, although the applicant has no knowledge what was asked or who was commenting. Suffice it to say, the aforementioned key areas of corporate responsibility had to be well-satisfied. Another underlying foundation to the AQC is the Statement of Recognition by CURT(Construction Users Round Table). This group is founded by - and is driven by - many of the largest and most successful construction owners in the United States to provide the industry a strong, singular voice to help owners effect positive, meaningful change and improvements. Reading on the Statement of Recognition notes:

Associated Builders and Contractors, Inc. (ABC) is a national association with 74 chapters representing construction and construction-related firms. ABC was founded in 1950 and is recognized as one of the leading organizations representing America’s Ian J. Chong-President, IAN Corporation, amid merit shop construction industry. In the trove of construction awards, and the 1993, ABC launched a program, The coveted AQC achievement award. Visiting their website: Accredited Quality Contractor www.ianconstructionguam.com, you Program (AQC), which publicly gain a sense of their breadth and depth as a recognizes and honors those construction firms which well-performing general contractor, and appreciate the have documented their commitment to quality in six key scope of their demonstrated commitment to getting the areas of corporate responsibility, including quality, safety, job done well. management education, craft training, employee benefits, and community relations and outreach. The AQC Background given at the AQC website page notes: program is an annual accreditation and members must The Accredited Quality Contractor program was renew each year to maintain their status. launched in 1993. It is a program which publicly recognizes and honors those construction firms which So, there is no standing still for an AQC recipient, like have documented their commitment in key areas of IAN Corporation. From the tenor of things witnessed corporate responsibility: there, IAN Corporation is focused on achievements beyond the one-offs. And, will probably be eyeing Quality another annual listing as AQC. Safety (STEP Gold, Platinum or Diamond Level Required) It is as they posit in their company vision: The mentality is not “the company for which I am part of ”, but rather “our company”. This sense of unity and ownership is the most important goal Mr. Ian Chong wishes to attain.

22 | FEBRUARY2017

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GCA Luncheon January 19, 2017 Hilton Guam Resort and Spa Guest Speaker Attorney Jeff Joseph

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CRANE CRITIQUE

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ROTATING TELEHANDLERS

Walks like a crane, talks like a crane, must be a crane

A monthly crane and rigging informative column for all personnel directly or indirectly involved with crane safety. Each month we will attempt to explain a different technical issue pertaining to crane operations here on Guam, addressing the sometimes over-looked or misunderstood topics by management and operators alike. By Dave Barnhouse

From farmyards to construction sites, the telehandler is today perhaps the single most utilized piece of industrial machinery, prized for its great versatility. The product began as a rough terrain forklift, with a lifting mast mounted on the back end of a farm tr¬actor. Marcel Braud, the founder of Manitou in France, is credited with coming up with the idea in 1957. Whereas standard telehandlers can only lift and extend, rotating telehandlers combine both crane and forklift functions in one compact machine, with the ability to pick up and deposit loads within a 360-degree circle making them one of the most versatile machines on site. Telescopic booms with forward and upward reach in due course replaced the vertical lift mast, and the telescopic handler we know today emerged. With forks they can lift and move pallets of building material or other bulk loads. With buckets they can handle material such as dirt or aggregate. With hooks and winches, they can lift loads. Over time, all kinds of specialist attachments have emerged for specific tasks: personnel baskets, concrete skips, sorting grapples, clamps, tire handlers, sweepers and cleaners. Sales of telehandlers are split roughly 50:50 between agriculture and construction, 26 | FEBRUARY2017

since they are equally useful in both environments. It is claimed that it was Pietro Magni who designed and made the first telescopic fork lift in Europe, the Fargh 4000 FS, in 1980. He died a year later in a workplace accident, leaving his son Riccardo Magni to continue his legacy. Riccardo Magni developed the Fargh 5000 RT and 3000 RT from his father’s first prototype. These models formed the basis of an Italian joint venture with Manitou that lasted 27 years until May 2009. Traditional telehandlers turn by steering the wheels, just like a car or a tractor. However, in 1991 Merlo introduced the Roto 25.11 XS, the first telescopic handler with slewing boom. While the traditional telehandler had been more like an adapted tractor, the Roto was more like a hybrid rough terrain crane. It was the first telehandler to allow operators the possibility of reaching any point in the full 360° range, without having to re-position the machine. The fully rotating telehandler remains www.guamcontractors.org

something of an Italian specialty. Merlo has 14 Roto models from 10 to 31 meters lifting height. Dieci has eight models in its Roto Construction family, from the Pegasus 38.16 to the Pegasus 70.11. Terex Genie has three GTH-R rotating models from 15.4 to 20.9 meters lifting heights. Genie’s largest model is the GTH 5021-R. Manitou, of France, also has nine MRT rotating Like Us On Facebook

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telehandlers from 13.8 to 31.6 meters lifting heights. Equipment that is designed to function as both a crane and a forklift would be considered multi-purpose equipment and covered by the crane standard when configured, and operated as, a crane. Magni – both the family and the brand – re-emerged in the public eye at Bauma 2013 with the launch Magni Telescopic Handlers Magni’s new series of 360 degree rotating telehandlers attracted a lot of positive attention and comment at the fair. The orders gradually began to flow and an extensive worldwide dealer network developed. In February 2016 there were headlines again when Magni Telescopic Handlers announced a tie-up with Zhejiang Dingli Machinery, a Chinese manufacturer of aerial work platforms (AWPs). Under the deal, Dingli has taken a 20% share in Magni and they have together set up Dingli European R&D Centre to develop a new range of telescopic and articulated aerial work platforms. “Dingli’s strength in the AWP sector is renowned around the world and my 30 years’ experience in the design and production of innovative telescopic machines will mean Dingli’s AWP range will be an even greater force to be reckoned with,” said Riccardo Magni. What does this mean to the average crane operator here on Guam? In some uses a rotating telehandler can replace a small crane, and, unlike a crane, doesn’t need a certified operator (unless it’s equipped with a winch that can lift 2,000 lbs. or more). The winch attachment is not much use if not capable of lifting 1 ton, but most are capable. So yes, a rotating telehandler operator is technically a crane operator and will require a crane operator qualification. Rotating telehandlers cannot only lift Like Us On Facebook

heavy weights, but also extend loads to great heights. These rotating telehandlers are designed with a turntable rotation, enabling a swivel of 360 degrees from a single position. Power assisted, four-wheel steering is common, as well as minimized slip differential to boost traction and safety. These machines can pick and place loads in a complete circle and typically have outriggers at the front and rear to provide more stability. Common load capacities for rotating telehandlers range between 4,000 and 10,000 pounds, with lift heights from 15 to 80 feet. Both rotating and standard telehandlers are fitted at the end of the boom for attachments such as buckets, pallet forks, and lift tables. This function can help save on the purchase of unnecessary equipment by simply converting their telehandlers into other industrial machines. Due to the rotational operation of these telehandlers, load charts are designed to the center of the rotation bearing, not the front tire as used on standard telehandlers. A load moment indicator is typically integrated into the machine functions to assist operators in understanding the machine capacity while operating, all typical of a mobile crane characteristics. The enclosed cab and sophisticated monitoring systems are found on all three brands of rotating telehandlers offered in North America. In addition, all three brands boast personnel baskets and radio remote controls that enable the operator to swing the turret, extend and retract the boom, and raise or lower the boom from the basket, providing capabilities similar to a boom lift. There are a few reasons that rotating telehandlers have not yet caught on here in North America. The first is that they have received less exposure here, so the lifting industry is not as aware of them as is the European market. Italian manufacturer Merlo claims to have invented the rotating telehandler in 1990. The product’s European roots www.guamcontractors.org

CRANE CRITIQUE explain part of the reason that rotating telehandlers are more popular there. A second reason is that three major rotating telehandler brands are manufactured in Italy. Geographic proximity makes the machines easier to buy and cheaper to ship within Europe than to North America. Third, people tend to use products and methods they are comfortable with, and non-rotating telehandlers have been the product of choice for U.S. and Canadian operators. Finally, rotating telehandlers generally sell for 30% to 50% more than traditional non-rotating telehandlers, so users who do not know how much time and cost a roto-telehandler can save are put off by sticker shock (although fans of rototelehandlers say the rigs can often pay for themselves in as little as 18 months through labor savings, higher productivity, and reduced crane-rental expense). Credit: Steve Rhine, Community Manager at MachineryZone Mag! Please e-mail any comments, questions, or specific topics you would like to see addressed in this column to certs@ite.net and we will certainly attempt to accommodate your requests. Dave Barnhouse resides in Tamuning and has been involved with operations, maintenance, operator training, and/or inspections, of cranes since 1969. He is a Certified Environmental Trainer, CHST, NCCCO certified crane operator, NCCCO Lift Director, Level II Rigger, NCCCO practical examiner for all types of mobile crane operators, riggers, signal persons, and the only OSHA accredited crane inspector on Guam.

FEBRUARY2017 | 27

SMALL BUSINESS NOTES

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Small Business Safety Overview

The workshop was presented by Mellissa Cruz/NAVFAC Marianas Safety and Occupational Health Director. It was well attended with 53 participants and held on Jan. 20th at UOG. It provided an overview of NAVFAC Marianas' Safety Program and things a contractor should know prior to performing work on base. Ms. Cruz discussed basic safety "rules" and requirements that would help keep employees safe and help contractors avoid potentially heavy fines or penalties for safety violations. Topics such as safety plans and other submittals were also included as well as common mistakes businesses make when they first start work on federal projects. Sponsored by: GCA, SBDC, UOG, and PTA 28 | FEBRUARY2017

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MILITARY NEWS

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small biz notes • Landscape Management Systems Inc. was awarded about $4.5M to provide Grounds Maintenance and Tree Trimming Services for all military installations and DoD tenants on Guam for the second option period 1Dec2016 - 30Nov2017. • Landscape Management Systems Inc. was also awarded about $134K to provide Portable Office Spaces. • Wolf Creek Federal Services, Inc was awarded about $3M for the maintenance of family housing facilities on Naval Base Guam. • Pacific Unlimited Inc was awarded about $94K for Tire/Wood Material Collection and Disposal Services on all military installations and DoD tenants, Guam. Source: Federal Business Opportunities (FBO) and Federal Procurement Data System Next-Generation (FPDS-NG).