Sponsored by:
30th Annual FAMILY DAY PICNIC
THEDIRECTORS THEEDITORIALS
INTERIM PRESIDENT
Desiree Lizama
Guam Contractors’ Association
PAST CHAIRMAN
Joe Roberto East Island Tinting
CHAIRMAN
Matthew Hunter
Dylan Mechanical Construction Services
VICE CHAIRMAN
Kathleen David Pacific Rim Constructors
SECRETARY/TREASURER
Soraya Vongjalorn Vertex Guam
CONTRACTOR DIRECTORS:
Dean Bates
Black Construction Corporation
Alan Bell
SmithBridge Guam
AJ Perez
Hawaiian Rock Products
Brian Holm
Hensel Phelps
Randolf Salas Proferre
ASSOCIATE DIRECTORS:
Mark Cruz
Mid Pac Far East
Jose Garcia
First Hawaiian Bank
Camilo Lorenzo
Matson Navigation
Geri Leon Guerrero
Adztech Advertising and PR
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.
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.
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.
Distributed to GCA members or can be obtained by stopping by the Guam Contractors’ Association office located at 506 Mariner Ave., Barrigada, Guam 96913
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
Postmaster. Send address changes to Guam Contractors’ Association, located at 506 Mariner Ave., Barrigada, Guam 96913
TRADES ACADEMY
THETEAM
PUBLISHER: Desiree Lizama
PRODUCTION TEAM LEAD: Geri Leon Guerrero
AD SALES: Alyssa Roces
Sierra Tenorio
PRODUCTION:
Jason Davis
Alyssa Roces
Christopher “Taco” Rowland
PHOTOGRAPHY: Alyssa Roces
EDITOR: Adztech
CONTRIBUTING WRITERS: Jenny Bowers
Francine Taitague
Rodney “RJ” Ricarte
Myracle S. Mugol
Patricia “Patti” L. Diego
GCA STAFF:
Francine Taitague
Trevor Cruz
Rosielyn Holgado
Peter Finona
COVER: Public Law 37-105 streamlines EPA permitting process but it also adds some new rules people need to pay attention to.
APPRENTICESHIP CORNER
By Francine Taitague Safety, Training and Education Coordinator, Guam Contractors Association
BUILDING A SCARY-GOOD CONSTRUCTION APPRENTICESHIP PROGRAM AT
Is the thought of starting an apprenticeship program giving you goosebumps? You're not alone. Many would consider creating a program a haunting challenge (yes … this is a Halloween themed column).
But, an apprenticeship program at your company is actually a treat, not a trick, for your business.
With our industry facing a shortage of skilled workers, apprenticeships offer a solution that's less scary. Rather than letting the shortage frighten you, let's turn this challenge into an opportunity to grow your workforce strategically.
I often hear company owners express their fears about apprenticeship programs. The cost makes them shudder and the time investment sends chills down their spine. The thought of apprentices leaving after training is downright nightmarish. But let's shine a light with some facts.
Creating a quality apprenticeship program doesn't require dark magic. The key ingredients are a structured curriculum, a strong mentorship system, clear progression paths, and comprehensive safety training. The Guam Contractors Association can help you navigate the registration requirements and compliance standards, ensuring your program meets industry benchmarks.
Now for the treats! Employers who implement apprenticeship programs build a skilled, loyal workforce while boosting productivity. You'll also qualify for tax incentives and grants that'll make smile. For apprentices,
YOUR COMPANY
the benefits are equally sweet: they earn while they learn, follow a clear career pathway, and gain industry-recognized credentials.
Ready to conjure up your own apprenticeship program? Start with these simple steps: 1.) assess your needs, 2.) allocate resources, 3.) develop your program structure, and 4.) create an implementation timeline. The GCA offers guidance at every step, ensuring you don't get lost in the dark.
Now is the time for action
Remember, the only truly frightening thing is missing out on the opportunity to build a stronger workforce and a more resilient construction industry for our community. Let's turn those workforce fears into cheers, one apprenticeship at a time.
The foundation of a strong construction company lies in the capable hands of those who build our world, one brick at a time.
The GCA keeps track of hours worked and the education progress of the apprentices in your program. We can guide your company through the whole process.
Join the list of companies that have, or are in the process of, creating an apprenticeship program to enhance the skills of its workforce.
Living the Balanced Lifestyle
By Rodney “RJ” Ricarte
TakeCare encourages its members to live a “Balanced Lifestyle.”
GCA member employees can live healthier and be active, eat right, relax and unwind, and stay socially connected. These are the four pillars of a balanced lifestyle.
Start today by making simple changes. TakeCare GCA Employee Health Plan members can enroll in wellness and fitness programs and incentives. They can also use technology tools to learn about and understand their health benefits.
Wellness Programs
TakeCare offers access to no-cost health education classes for better nutrition, to prevent heart disease, quit smoking, and control diabetes. TakeCare’s diabetes prevention program is the only program fully recognized in the region by the Centers for Disease Control and Prevention (CDC). Members can improve their health with cancer prevention education and fitness programs.
Fitness & Wellness Incentives
TakeCare offers a list of wellness, disease management, and fitness incentives. Cash incentives are offered per eligible individual and per eligible family per benefit period, provided they meet the program’s incentive qualifying criteria. Cash incentives can be earned by completing annual physical, vision, or dental exams, various health screenings, and TakeCare’s online health check, meeting selected health measurement goals, or achieving healthy outcomes.
Members can access 21 fitness partners on Guam and can earn fitness incentives. Use the mobile app to self-report at least 30 minutes of an approved activity. Approved activities include walking, jogging, running, rowing, swimming, and or biking. Track your workouts using an approved fitness app and upload the activity to earn the incentive.
Technology Built for You
I recommend you download and learn the apps TakeCare offers. Members can manage their accounts when, where, and how they want. These apps are secure online tools, and they will help you better understand and manage your benefits.
The tools are TakeCare’s mobile app, the TIVA Virtual Assistant, Birdie (formerly Elixir) prescription management, and Virgin Pulse (soon to be rebranded Personify), a comprehensive fitness program. These apps can be downloaded from the Apple App Store or Google Play. Members can also access TakeCare online at https://www.takecareasia.com.
And remember …TakeCare GCA Employee Health Plan members can access the FHP Health Center. You and your family can find various specialties and diagnostic services all in one place, making it a convenient option for your medical, dental, and vision needs.
The FHP Health Center aims to meet your healthcare needs, providing well-baby visits and annual physicals for adults. The pediatricians focus on the health of children from birth to 18 years, while adult medicine and women’s health services cover preventive care and treatment for acute and chronic conditions.
For your business, FHP’s Occupational Health provides comprehensive medical services for your corporate team members including physicals, drug testing, respiratory certifications, health certificates, and management of workers’ compensation cases.
Rodney “RJ” Ricarte, the TakeCare account executive for GCA, can be contacted at (671) 487-7121 or rodney.ricarte@takecareasia.com.
Empowering Your Health Journey: Unmatched Quality and Access for TakeCare Members
Experience unparalleled healthcare with TakeCare, providing top-tier access to a comprehensive network of quality providers on and off Guam. Our expanding roster includes renowned institutions such as GMHA, Guam Regional Medical City, Guam Seventh-day Adventist Clinic, and Guam Radiology Consultants, with extended coverage in the Philippines, Thailand, Singapore, and New Zealand. Enjoy exclusive access to the FHP Health Center, boasting a team of highly trained professionals and cutting-edge facilities, ensuring optimal care in Urgent Care, Full-Service Radiology, Primary Care, Occupational Health, Home Health, Hospice, Cancer Center, Dental, and Vision Centers.
Seamless Technology Integration for a Healthier Lifestyle Take advantage of TakeCare’s wellness programs and our upcoming online member portal. Access valuable health resources, complete a Health Check by Virgin Pulse, manage claims, review benefits, and monitor personal health through our TakeCare Wellness site. Our mobile app simplifies your health journey, providing ID card display, network information, wellness programs, fitness schedules, Affinity Rewards, and wellness partner updates – all while tracking your progress through biometrics. Elevate your health experience with TakeCare in 2025.
BUILDING RESPONSIBLY:
The New Environmental Roadmap for Guam under Public Law 37-105
By: Myracle S. Mugol
Public Law 37-105 marks a significant turning point in the island's environmental regulations and development landscape. This new law introduces changes designed to simplify and speed up the permitting process, ensure stronger environmental compliance, and enhance transparency through greater public participation. Whether you’re planning a new construction project or navigating land-use decisions, understanding these updates is key to staying compliant, avoiding delays, and ensuring that your projects align with the island’s sustainability goals.
Nic Rupley Lee, Deputy Administrator of the Guam Environmental Protection Agency (Guam EPA), recently shared critical insights into the implementation of Public Law 37-105 during the Guam Contractors Association Meeting in September. His detailed presentation shed light on how these changes will impact Guam’s construction and development sectors, providing essential guidance for contractors, builders, and landowners to adapt to this new regulatory framework.
Streamlined Permitting
The primary goal of Public Law 37-105 is to reduce delays in the permitting process, a change that will benefit not only contractors but also landowners eager to begin development projects. Historically, Guam EPA has faced backlogs due to the complexity and volume of applications, especially from larger projects like those submitted by the Department of Defense (DOD).
“We’re working to reduce the backlog by pre-screening applications and focusing on simpler projects that don’t need extensive engineering reviews,” said Lee. For landowners, this means that if your project is relatively straightforward, such as a small residential development, it may be approved more quickly than before.
One innovative feature being considered is self-certification, which would allow certified professionals to sign off on projects without waiting for Guam EPA’s formal approval. “While we’re not there yet, this is something we’re exploring as a way to speed up the process,” Lee explained. If implemented, this could significantly reduce the waiting time for landowners and contractors, especially for smaller, less complex projects.
New Environmental Requirements for Landowners: The Type 4 System
Landowners planning to develop property in Guam should be aware of the new requirement for an Advanced Nitrogen-Reducing On-Site Disposal System (Type 4 system) in certain areas. The system is
designed to reduce nitrogen pollution in Guam’s groundwater protection zones, which are crucial to protecting the island’s water supply.
"Effective as of July 2023, this system is mandatory for properties larger than 9,600 square feet located over the groundwater protection zone, particularly for parental or decedent subdivisions," Lee explained. This new requirement impacts both contractors and landowners who are building new homes or commercial developments in these sensitive areas. Landowners should ensure that their building plans comply with the new law to avoid delays in approval.
For those unfamiliar with these systems, working with a contractor or engineer experienced in the new regulations is essential. Lee noted that several building plans had to be revised because they didn’t comply with the new requirements. “We’ve already had to return about 20 applications for revisions to meet the law’s standards,” he said.
Enforcement and Compliance
Public Law 37-105 also strengthens enforcement measures to ensure environmental compliance, affecting not only contractors but also landowners. This is particularly important for those developing land for personal or commercial use. Lee highlighted that deviations from approved plans could lead to penalties and delays.
One of the examples Lee shared was of a contractor who altered the slope of a project site without approval, leading to environmental damage. This resulted in significant erosion and stormwater runoff issues that affected neighboring properties. The contractor and the landowner were both issued Notices of Violation and Orders of Compliance by Guam EPA.
Landowners should ensure that any contractor they hire follows the approved plans closely, as deviations could result in fines or project delays. "We’re seeing more scrutiny on these issues, and we have more tools now to enforce compliance than we did before," Lee emphasized.
Public Participation
One of the most significant changes in Public Law 37-105 is the increased focus on public participation. This shift is designed to ensure greater transparency in environmental decision-making and allows the community to have a stronger voice in the approval of major projects.
Public consultations will now be required for large-scale projects that could have a significant environmental
impact. This means that both landowners and contractors need to be prepared for increased public scrutiny. Projects that raise concerns about environmental degradation or inadequate mitigation measures could face delays or changes based on public feedback.
Lee highlighted the importance of engaging with the community early in the planning process. "Contractors and landowners who are proactive in addressing public concerns will have an easier time getting their projects approved," he said. By involving the public early and addressing their concerns, project developers can help ensure smoother project timelines and foster goodwill within the community.
Practical
Steps for Contractors, Builders, and Landowners
Given the new requirements under Public Law 37-105, both contractors and landowners should take the following steps to ensure compliance and avoid delays:
1. Understand the Type 4 System
Landowners and contractors working in groundwater protection zones must ensure that building plans include the Advanced Nitrogen-Reducing On-Site Disposal System. Work with Guam EPA or a qualified contractor to ensure compliance with this new regulation.
2. Submit Complete and Accurate Applications
Incomplete or inaccurate applications are one of the leading causes of delays. Landowners should work closely with their contractors to ensure that all permit applications meet current environmental standards, including those introduced under Public Law 37-105.
3. Engage with Guam EPA Early
Whether you are a landowner or contractor, maintaining open communication with Guam EPA can help anticipate issues before they arise. This is particularly important given the increased public scrutiny and transparency requirements.
4. Follow Approved Plans
Any changes made to a project that deviate from approved plans could result in penalties, delays, and additional costs. Contractors and landowners should regularly check in with Guam EPA to ensure they are following the agreed-upon plans.
5. Plan for Potential Delays Due to Staffing Challenges
While Guam EPA is working to improve the permitting process, the agency is still facing staffing shortages, particularly for complex projects requiring engineering reviews. Contractors and landowners should factor in potential delays when planning their timelines.
Contact Guam EPA for More Information
If you have questions or need assistance with navigating the new requirements under Public Law 37-105, you can reach out to the Guam Environmental Protection Agency: Email: info@epa.guam.gov or visit their website at https://epa.guam.gov/
Public Law 37-105 represents a shift in Guam's approach to environmental governance, one that underscores the balance between responsible development and sustainable environmental stewardship. By streamlining the permitting process, enforcing stricter compliance, and ensuring meaningful public engagement, this law helps to create a more transparent, efficient, and environmentally conscious framework for construction and land use.
For contractors, builders, and landowners, staying informed and proactive is crucial to successfully navigating these new regulations. By working closely with Guam EPA, adhering to the latest compliance standards, and embracing public input, you can not only avoid delays but also contribute to Guam’s vision of sustainable growth. As Nic Rupley Lee emphasized, “We all share the same mission of improving the quality of life through responsible development.” Public Law 37-105 offers the tools and structure to achieve that mission while safeguarding Guam’s natural resources for future generations.
Peter Duenas Owner
GCA September Luncheon
September 18th , 2024
THE MONTHLY RECAP
By Patricia “Patti” L. Diego
Strong Attendance and Inspiring Presentation and Updates Mark GCA Luncheon
The Guam Contractors' Association (GCA) hosted a successful monthly luncheon on September 18, 2024, attracting over 134 attendees. including contractors, architects, engineers, guests, and other professionals involved and interested in Guam’s construction industry. These luncheons provide an excellent platform for industry stakeholders to network, share ideas, and stay updated on the latest developments in Guam's construction sector.
A Story of Resilience
One highlight of the event was the special presentation by U.S. Marine Sergeant Rodney "Rocky" Sickmann. Introduced by Mr. Anthony Taijeron, President of I Hinanao I Magahet Yan I Ininna (HMI) Guam. Sergeant Sickmann delivered a captivating account of his resilience during his 444-day captivity as a hostage in the 1979 Iran Hostage Crisis. Following his release, Sickmann transitioned from the military to a successful career with Anheuser-Busch and now serves as an advocate for Folds of Honor, a nonprofit organization that provides scholarships to the families of fallen or disabled military personnel. His message of resilience, leadership, and patriotism resonated deeply with GCA members, particularly veterans, making his visit especially meaningful in the 2024 Year of the Veteran.
October is Careers in Construction Month
Guam Governor Lourdes Leon Guerrero and Lt. Governor Joshua Tenorio signed Proclamation 2024-83, officially designating October 2024 as Careers in Construction Month—a significant step in promoting the industry’s importance to Guam's economy. Careers in Construction Month (CICM) is a nationwide initiative of Build Your Future (BYF), held every October. Let’s all do our part to celebrate and increase public awareness of construction careers, inspiring the next generation of craft professionals and making an impact on the perceptions of a career in construction locally.
Permitting Updates from DPW and GEPA
Guest speaker government officials from the Department of Public Works (DPW) and the Guam Environmental Protection Agency (GEPA) provided current updates on official permitting processes, offering attendees current regulatory developments and information affecting construction projects on island.
Benny San Nicolas, DPW Acting Administrator for Building Permits and Safety, reported on the processing of 927 residential, commercial, government and Department of Defense permits in the past year. He emphasized the collaborative nature of permitting, reminding attendees that DPW averaged 30-60 days for permit(s) processing, and that DPW approval hinges on clearances from other agencies. Mr. San Nicolas also announced a goal for quarterly meetings between government regulators to improve and streamline the permitting process.
Nick Rupley Lee, GEPA Acting Deputy Administrator, shared updates on environmental construction permits, the enactment of the "Septic Tank Bill" (Bill 175), the agency's Typhoon Mawar Emergency Response effort, and the high volume of Department of Defense (DoD) project submissions. GEPA is actively recruiting for the vacant Chief Engineer position. The high GEPA permit application load is currently managed by just six staff, who process applications received in the order received. All challenges notwithstanding, GEPS is committed to working through and improving processes, especially retaining, recruiting, and staff reassignment of duties considerations. GEPA’s commitment to responsible development ensures sustainable growth for Guam's construction industry.
Welcome New Members!
Congratulations to the newest GCA member companies Eastern Pacific Engineering & Construction LLC, Austability LLC, and GGH Guam, LLC., introduced during the luncheon. Their addition strengthens the GCA community, and the association looks forward to collaborating with them. Welcome aboard!
Save the Date!
October looks to be busy and exciting for GCA. Mark your calendars for upcoming events:
• Sunday, October 13th: Don't miss the annual GCA Family Picnic!
• Wednesday, October 16th: The next GCA monthly luncheon – a must-attend for anyone in Guam's construction industry. Don’t miss the planned forum of the 2024 General Election candidates for Guam’s Congressional seat.
The GCA monthly luncheons continue to provide a valuable platform for networking, industry updates, and anyone looking to stay informed and connected in Guam’s dynamic construction industry.
Activities, Professional and Community Affairs
Plans and coordinates the association social and professional activities. Includes subcommittees for the annual golf tournament, annual picnic and awards banquet.
Safety
Develops community partnerships to promote safe working conditions in the construction industry. Sponsors training sessions and seminars, in association with concerned regulatory agencies, to promote safety in the work place. Health and
Membership
Monitors and contacts prospective members for GCA on a monthly basis. Provides analysis of member a nity programs and makes its recommendation to the Board.
Government, Military and Labor Relations
Informs and educates members on current and proposed legislation a ecting the construction industry. Represents the membership in legislative and other hearings to advance the construction industry. Monitors alien labor practices while encouraging the development of a skilled local labor force.
Education and Training
Sponsors construction industry apprenticeship program with the GCA Trades Academy and Guam Community College. Develops training partnerships to ful ll the educational needs of member rms and their employees.
Small Business
Conducts outreach to small business members of the association to ensure their voice is heard and needs are met within GCA capabilities.
NEWS LINE
Compliance Alert—Corporate Transparency Act BOI Reporting Requirements
Effective Jan. 1, 2024, the Corporate Transparency Act requires certain entities, including many small businesses, to report information about the individuals who ultimately own or control them (also known as “beneficial owners”) to the Financial Crimes Enforcement Network, a bureau of the U.S. Department of the Treasury.
A separate regulatory requirement currently requires many financial institutions to also collect beneficial ownership information, or BOI, from certain customers that seek to open accounts as part of federal customer due diligence requirements.
ABC has expressed serious concerns with the Treasury’s FinCen’s implementation of CTA. FinCEN’s implementing regulations require millions of small businesses, including nearly every employer with 20 or fewer employees, to report personal information of their beneficial owners and update that information periodically throughout the life of the business. Failure to comply with the onerous reporting requirements could subject small business owners and employees to potential fines and jail time.
On March 1, a federal judge for the U.S. District Court for the Northern District of Alabama Northeastern Division ruled that the CTA is uncon-
1. https://www.fincen.gov/boi
stitutional. The decision, however, only applies to members of the association involved in the suit, and all other businesses are still required to adhere to the CTA’s filing requirements. ABC has called on Congress to examine the ruling and has argued that a stay in enforcement should apply to all affected parties. On March 11, Treasury appealed the decision.
On Sept. 3, ABC joined 150 members of the Small Business & Entrepreneurship Council in a letter of support for H.R.9278, introduced by Rep. Zach Nunn, R-Iowa. This legislation would provide small businesses with an additional year to file the beneficial ownership information.
“Although filing under the CTA began at the start of this year, FinCEN reports it has received just 10% of required submissions,” the letter stated. “This compliance rate can be attributed directly to the general lack of awareness among the small business community when it comes to the new rules. Given this massive education gap, it is clear additional time is needed for regulators and other stakeholders to continue their outreach to affected small businesses.
In the letter, ABC and the SBE Council urged House Speaker Mike Johnson,
2. https://www.fincen.gov/sites/default/files/shared/BOI-Informational-Brochure-April-2024.pdf
3. https://www.fincen.gov/boi-faqs
4. https://www.fincen.gov/boi-faqs#C_2
5. https://www.fincen.gov/sites/default/files/shared/BOI_Small_Compliance_Guide.v1.1-FINAL.pdf
6. https://www.fincen.gov/boi-faqs#B_1
7. https://www.fincen.gov/boi-faqs#B_2
8. https://www.youtube.com/@fincentreasury
9. https://www.fincen.gov/contact
10. https://www.fincen.gov/sites/default/files/shared/BOI-Notice-to-Customers-508FINAL.pdf
R-La., to bring H.R. 9278 to the U.S. House of Representatives floor for a vote to provide business owners and employees with more time to comply with the CTA.
A similar bipartisan bill to H.R.9278 sponsored by Reps. Nunn and Joyce Beatty, D-Ohio, passed the House late last year, 420-1. However, U.S. Senate Banking Committee Chair Sherrod Brown, D-Ohio, stalled the legislation, putting small businesses at risk.
Information about FinCEN’s BOI reporting requirements:
• BOI Webpage1
• Brochure Introduction to BOI Reporting2
• Frequently Asked Question3
• Companies Exempt From Reporting4
• Small Entity Compliance Guide5
• How To File the Report6
• Reporting Deadlines7
• BOI Videos8
• Beneficial Ownership Questions? Contact FinCen9
• July 26 Notice to Customers of Financials Institutions About Reporting BOI10
ABC encourages members and small business owners to discuss FinCEN’s BOI reporting requirements with counsel.
Minimum Wage Increase for Federal Contract Workers Takes Effect Jan. 1
On Sept. 30, the U.S. Department of Labor’s Wage and Hour Division issued an annual update to the hourly minimum wage for federal contract workers covered by Executive Order 14026, Increasing the Minimum Wage for Federal Contractors, in the Federal Register.
Effective Jan.1, 2025, the EO 14026 minimum wage rate that generally must be paid to workers performing work on or in connection with covered contracts will increase from $17.20
to $17.75 per hour. This minimum wage rate will apply to nontipped and tipped employees alike. Visit the DOL’s webpage on EO 14026 for more information.
Contracts similar to those covered by EO 14026 that were entered into, renewed or extended before Jan. 30, 2022, are generally subject to a lower minimum wage rate established by the Feb. 12, 2014, Executive Order 13658, Establishing a Minimum Wage for Contractors. On Jan. 1, 2025, the
EO 13658 minimum wage will increase from $12.90 to $13.30 per hour.
Visit the DOL’s Wage and Hour Division for more information.
Defense Base Act Insurance for U.S. Government Contracts in Guam
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Black Construction Corporation • First Hawaiian Bank
BRONZE SPONSORS
Isla Coatings and Roofing Supply
Island Equipment Company G4S Security Systems (Guam), Inc. • Phoenix Pacific (Guam), Inc.