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NEWS BULLETIN Vol.55 Issue 04 APRIL 2014 Guam Contractors’ Association

GCA Construction News Bulletin April 2014

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Guam Contractors' Assn. Monthly Construction News Bulletin is Guam's official construction news publication.

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Page 1: GCA Construction News Bulletin April 2014

is a go!is a go!

NEWS BULLETIN Vol.55 Issue 04APRIL 2014

Guam Contractors’ Association

Page 2: GCA Construction News Bulletin April 2014
Page 3: GCA Construction News Bulletin April 2014
Page 4: GCA Construction News Bulletin April 2014

Feature Story16

Construction Headline24S.A.M.E.

COMMITTEE UPDATE

FEATURE STORY

PHOTO HIGHLIGHTS

CONSTRUCTION HEADLINE

GARRISON REPORT

MEMBER BENEFITS

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2 | APRIL2014 CONSTRUCTION NEWS BULLETIN www.guamcontractors.org

your small business.

William “Bill” Beery, P.E.General Manager, Tutujan Hills Group Ltd.Immediate Past Chairman, GCA

“For some time our group had been asking for a 401(k) benefit. My first impression was that providing this type of program for a group as small as ours might be on the expensive side. Not only did ASC Trust Corporation break this

misconception, they surpassed my expectations. We were able to start a plan that was both fairly priced and made sense with what we were looking for. In the end, the tailored-solution was exactly what our team needed.” - Bill Beery

Schedule to meet with our team today e: [email protected] w: asctrust.com p: (671)-477-2724

Retirement solutions for

Finding a tailor-made solution is just the beginning. ASC offers a level of service that sets us apart from other retirement plan providers in the region.

Let us help you save for a successful retirement, one paycheck at a time.

Page 5: GCA Construction News Bulletin April 2014
Page 6: GCA Construction News Bulletin April 2014

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 of any correc-tions as needed. Opinions and edito-rial content of this publication may not necessarily be those of the publisher, 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 [email protected]. 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.

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: [email protected]

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

PUBLISHER:James Martinez

SALES & MARKETINGDIRECTOR:Geri Leon Guerrero

AD SALES:Tom MendiolaJaceth Duenas

PRODUCTION:Geri Leon GuerreroChristopher “Taco” Rowland

PHOTOGRAPHERS:Christopher “Taco” Rowland

EDITOR:Adztech

CONTRIBUTING WRITERS:John RobertsonDavid F. MacalusoNick CruzBill HagenBruce BestGrace DonaldsonTed Garrison

GCA STAFF:Francine ArceoDesiree Lizama

COVER:IMCO opening the way through Tiyan

THETEAMTHEDIRECTORS THEEDITORIALSPRESIDENTJames A. Martinez, GCA

PAST CHAIRMANRobert Salas, Landscape Management Systems

CHAIRMAN - ELECTTom Anderson, Black Construction Corporation

VICE CHAIRMAN - ELECTArt Chan, Hawaiian Rock Products

SECRETARY/TREASURERJohn Sage, WATTS Constructors

CONTRACTORS DIRECTORS:Narci Dimaoala, Amazon Construction

Juno Eun, Core Tech International

Tom Nielsen, Maeda Pacific Corporation

Tom San Nicolas, dck pacific guam LLC

John Robertson, AmOrient Contracting

ASSOCIATE DIRECTORS:Paul Calvo, Calvo’s Insurance Underwriters

Carlo Leon Guerrero, M80 Office Systems Inc.

Patty Lizama, Pacific Isla Life

Michael Kikuta, Matson Navigation

Guam ContractorsAssociation

Page 7: GCA Construction News Bulletin April 2014
Page 8: GCA Construction News Bulletin April 2014

local engineers, architects, and construction contractors from Guam that were interested in getting an up close look at two projects that are being executed in support of the relocation of U.S. Marine Corps aviation units from Okinawa, Japan to AAFB.

Hot mix asphalt paving in progress along road “B”

Cast-in-place concrete roof work at Vehicle Inspection Facility

SAME Guam Post Field TourMarch 20, 2014

Gate project, which is a part of the Utilities and Site

awarded to Hensel Phelps – Granit, a Joint Venture, in

AAFB and improve access roads to the North Ramp area of the air�eld, where Marine Corps Aviation Combat Element (ACE) facilities are scheduled to be constructed. �e contractor will improve 2 miles of road ways by grading and paving them, installing street lights and other utilities along the roads.

Some of the key buildings constructed as part of the

buildings, a vehicle queuing facility, and a commercial vehicle inspection facility. All of the buildings were con-structed utilizing cast-in-place concrete construction and they will all meet current anti-terrorism and force protection measures. Another project requirement was that everything has been designed to withstand the heavy

completed by the contract completion date in June 2014.

AAFB North Gate Project

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Page 9: GCA Construction News Bulletin April 2014

was the North Ramp Parking, Increment 1 project. In order to support the relocation of U.S. Marine Corps aviation units from Okinawa, Japan to AAFB, NAVFAC Marianas is constructing a new parking

is a $75.8M MILCON project, awarded to Tutor Perini Corporation in April 2011; HNTB is the A/E of record on the project.

One of the key features of this project the group was able to see was the gabion retaining wall that was constructed to contain all the �ll material required to bring the site up to grade, without encroaching on the natural depression, or low lying area, adjacent to the project site. �e North Ramp Parking project is on track to be completed before the July 2014 contract completion date.

To join SAME Guam Post, log on to SAME.org and click on “Membership” at the top of the home page.

Gabion wall at North Ramp Parking Project

Portland Concrete Cement placement in progress at the North Ramp Parking Project.

North Ramp Parking Project.

Article and Photos courtesy of LT Russell B Torgesen, USN NAVFACMAR

www.guamcontractors.org CONSTRUCTION NEWS BULLETIN APRIL2014 | 7

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1. Early History of the Guam Con-tractors Association

a. The GCA was founded on 5 Novem-ber 1959 by J.T. Cook, H.T. Odell, Frank Perez, D.S. Lennox, E.C. Forslund, John Russell and Hugh Mize. Initial standing committees were: Safety, Activities, Professional & Com-munity Affairs, Education & Training, Government & Labor Affairs

b. In the 1960’s GCA established a strong working relationship with the Department of Labor, Guam Commu-nity College and the Department of Education in creating educational opportunities for people who were interested in learning a trade and seeking employment in the construc-tion industry. This resulted in establish-ment of the Apprenticeship Program at the Guam Community College.

c. In the 1970’s GCA assisted the Government of Guam in establishing official prevailing wage rates appli-cable to the territory (beginning in 1972). The Federal Government man-dated and implemented what became referred to as “adverse effect” wage rates. In 1979 GCA filed and won a lawsuit against the U.S. Department of Labor that halted the further imposition of the “adverse effect” wage regula-tions. These mandated rates nearly doubled wage rates within the span of only two years and thereby crippled Guam’s construction industry while

Orleans in June 2007. J. Robertson learned what CURT (Construction Users Roundtable) + ABC (Associated Builders and Contractors) and major contracting firms are doing about Workforce Development. Conference was titled: “Crisis in Construction – Help Wanted”.

i. In November 2008, a tripartite MOU was agreed between GCC-GCA-GCATA for mutual cooperation and benefit. It has served as a guiding principle between the three organiza-tions up until the present day.

j. GCA took the lead in August 2008 with Chamber of Commerce and Guam Hotel & Restaurant Association in pushing back a ±30% wage increase imposed by Guam DOL and USCIS.

k. On 23 September 2008, the GCA Committee on Military, Government & Labor Relations provided testimony again before Honorable Donna M Christensen, Chairwoman, Subcom-mittee on Insular Affairs, Committee on Natural Resources, U.S. House of Representatives. The oversight hear-ing was on the subject: “Identifying Labor Solutions for the Guam Military Build-up”. Other presenters were Congresswoman Christensen, General David F. Bice (U.S. Marine Corps Retired), Douglas Domenech, Acting Deputy Assistant Secretary of Interior for Insular Affairs, Maria Connelley, Dr Robert Underwood and Dr Mary A.Y. Okada.

l. In August 2009, the GCA success-fully fought off action in the House of Representatives by Congressman Abercrombie to impose Hawaii wage and benefit provisions in Guam through amendment to the National Defense Authorization Act for FY 2010.

m. During 2009 and at other times, efforts have been made to make changes to the statute concerning the Manpower Development Fund (MDF) to make funding more accessible to trainees at the GCA Trades Academy. The funds are generated from fees charged for H2B worker processing. The effort has not produced the

desired result. However, as a result of the Tripartite Agreement between GCC-GCA-GCATA, some funds are now flowing through the Community College to the Trades Academy.

n. In November 2009, GCA partici-pated in a “Workforce Summit” where John Robertson addressed the group on: “Embracing Workforce Solutions and Challenges (Regulatory Environ-ment)”.

o. GCA took the lead with Chamber of Commerce, the Employers Council and Hotel & Restaurant Association in defeating the Obama Executive Order regarding PLA’s (Project Labor Agree-ments) which would have made unions compulsory on Federal projects. This included provision of written and verbal testimony at a hearing in Guam on 06 October 2010.

p. The foregoing is not enough. Work-force Development in Guam has slipped into the background as result of Military Buildup being postponed.

4. Guam Contractors Association must take the lead in developing an efficient local construction work-force

a. NAVFAC Marianas, the major user of construction services on Guam has expressed interest in working with GCA on Workforce Development. It is in their interest to improve the quality of construction and reduce the cost and time of construction projects by Guam having a well-trained and efficient workfo0rce. We and GCA need to first establish a position on the subject.

b. Various Chapters of ABC across the US cooperate to derive benefit for all members. This makes open shop – merit shop a viable solution as com-pared to closed shop as practiced by most AGC chapters.

c. We do not need a labor union to bring training to our workers as happens in a closed shop environ-ment. This concept is partly geared toward making the unions unneces-sary on Guam.

d. The effort may border on social engineering; but what is wrong with that, if all GCA members benefit from a trained and experienced workforce. There is a need to view the long term situation. The increased level of construction activity will continue to 2024 and beyond.

e. Workers may move from one employer to another but provided each contractor does his fair share in devel-oping the local workforce, all contrac-tors benefit more or less equally.

f. The skilled workforce shortage is more serious than some suspect. There are shortages everywhere – Guam is not unique. Action is needed before the need for a trained workforce begins to peak.

5. Plan of Action – Could look some-thing like the following:

a. Develop skilled tradesmen from existing workforce plus new recruits from local community and CNMI. Special focus on veterans.

b. Develop semi-skilled workforce from FSM, Marshall Island, Palau, Ameri-can Samoa. Cooperate with CME (Center for Micronesian Empower-ment) in attracting and training these individuals.

c. Make certification by Trades Acad-emy or GCC a requirement for say 30% of the workforce on every project. Make apprenticeship a requirement for say 10% of the workforce.

d. Increase wages and/or benefits for skilled tradesmen to attract more com-petent people into our Guam construc-tion workforce.

bankrupting several local contractors. The result of the GCA lawsuit guided the way for the Government of Guam to control its own wage rates and the processing of H-2 labor certifications.

d. Also in the 1970’s, Typhoon Pamela in 1976 devastated Guam’s infrastruc-ture creating short term stimulation to the construction industry.

e. In the 1980’s, the first GCA Busi-ness Manager was hired, Ms. Sally Aquino in 1985. In 1986, GCA signed an agreement with the Guam Commu-nity College for the Apprenticeship Scholarship Trust Fund. It was a com-mitment that would financially subsi-dize local residents who were consid-ering careers in a construction trade. The scholarship recipient received money to pay for tuition and basic training tools. Training was based upon curricula titled the “Wheels of Learning” brought to the island by GCA. In 1988, GCA sponsored the first Annual Golf Tournament. Funds were used for the Apprenticeship Program at the Guam Community College. Also in 1988 the Executive Director position was created and the first Executive Director was Ms. Karen Storts. In the late 1980s and into the 1990’s Guam saw a major Construction Boom, including Hotels, Retail Outlets, and Golf Courses.

f. In the 1990’s GCA created the Annual Family Picnic Event (1991). In

1994, GCA became a member of the Associated Builders and Contractors’ (ABC), a national organization. During 1997-98, GCA organized a Committee on Alien Labor in an effort to correct the H-2 program on Guam. Governor Carl T.C. Gutierrez issued Executive Order No. 98-24 creating a task force on Alien Labor to gradually move Guam from dependence on a large foreign labor force to development of a self-sustaining local labor force. In 1998 GCA published a White Paper titled “Abuses in Guam’s Alien Labor Program” documenting GCA’s efforts to correct alien labor abuses on Guam. As a result, the U.S. State Department in Washington DC suspended issuance of temporary worker permits to H-2 workers from Mainland China to Guam. During 1998-99, the GCA sponsored legislation that saw passage of a law that updated the Mechanics Lien Law. The new law was repealed in 1999 with the promise to redraft a bill. GCA lobbied for the intro-duction and passage of new bill in the legislature. In 1999, GCA takes over responsibility for the Annual Governor’s Safety Conference and turns it into an annual premier event. g. Membership Numbers over the years from founding and to date:

1959 – 71 2010 – 5151970 – 100 2011 – 513 1980 – 24 2012 – 5241990 – 110 2013 – 4892000 – 257 2014 – 5132009 – 415

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MILITARY, GOVERNMENT & LABOR RELATIONS COMMITTEE: 2000 – 2014

By John M. Robertson

This month’s focus is again on Workforce Development as sponsored by the Guam Contractor’s Association. In doing so, we can look back at a record of steady progress from the efforts of a number of individual mem-bers of GCA from its founding fifty-five (55) years ago up until the present day. That work is not done and a substantial challenge lies ahead as the military buildup moves forward at an accelerating pace over the next four or five years, then reaches a sustainable tempo for the following decade and beyond. The Military, Government and Labor Relations Committee needs fresh blood, contractor members with ideas and energy, to guide the association through this challenging but rewarding period for Guam.

Page 13: GCA Construction News Bulletin April 2014

1. Early History of the Guam Con-tractors Association

a. The GCA was founded on 5 Novem-ber 1959 by J.T. Cook, H.T. Odell, Frank Perez, D.S. Lennox, E.C. Forslund, John Russell and Hugh Mize. Initial standing committees were: Safety, Activities, Professional & Com-munity Affairs, Education & Training, Government & Labor Affairs

b. In the 1960’s GCA established a strong working relationship with the Department of Labor, Guam Commu-nity College and the Department of Education in creating educational opportunities for people who were interested in learning a trade and seeking employment in the construc-tion industry. This resulted in establish-ment of the Apprenticeship Program at the Guam Community College.

c. In the 1970’s GCA assisted the Government of Guam in establishing official prevailing wage rates appli-cable to the territory (beginning in 1972). The Federal Government man-dated and implemented what became referred to as “adverse effect” wage rates. In 1979 GCA filed and won a lawsuit against the U.S. Department of Labor that halted the further imposition of the “adverse effect” wage regula-tions. These mandated rates nearly doubled wage rates within the span of only two years and thereby crippled Guam’s construction industry while

Orleans in June 2007. J. Robertson learned what CURT (Construction Users Roundtable) + ABC (Associated Builders and Contractors) and major contracting firms are doing about Workforce Development. Conference was titled: “Crisis in Construction – Help Wanted”.

i. In November 2008, a tripartite MOU was agreed between GCC-GCA-GCATA for mutual cooperation and benefit. It has served as a guiding principle between the three organiza-tions up until the present day.

j. GCA took the lead in August 2008 with Chamber of Commerce and Guam Hotel & Restaurant Association in pushing back a ±30% wage increase imposed by Guam DOL and USCIS.

k. On 23 September 2008, the GCA Committee on Military, Government & Labor Relations provided testimony again before Honorable Donna M Christensen, Chairwoman, Subcom-mittee on Insular Affairs, Committee on Natural Resources, U.S. House of Representatives. The oversight hear-ing was on the subject: “Identifying Labor Solutions for the Guam Military Build-up”. Other presenters were Congresswoman Christensen, General David F. Bice (U.S. Marine Corps Retired), Douglas Domenech, Acting Deputy Assistant Secretary of Interior for Insular Affairs, Maria Connelley, Dr Robert Underwood and Dr Mary A.Y. Okada.

l. In August 2009, the GCA success-fully fought off action in the House of Representatives by Congressman Abercrombie to impose Hawaii wage and benefit provisions in Guam through amendment to the National Defense Authorization Act for FY 2010.

m. During 2009 and at other times, efforts have been made to make changes to the statute concerning the Manpower Development Fund (MDF) to make funding more accessible to trainees at the GCA Trades Academy. The funds are generated from fees charged for H2B worker processing. The effort has not produced the

desired result. However, as a result of the Tripartite Agreement between GCC-GCA-GCATA, some funds are now flowing through the Community College to the Trades Academy.

n. In November 2009, GCA partici-pated in a “Workforce Summit” where John Robertson addressed the group on: “Embracing Workforce Solutions and Challenges (Regulatory Environ-ment)”.

o. GCA took the lead with Chamber of Commerce, the Employers Council and Hotel & Restaurant Association in defeating the Obama Executive Order regarding PLA’s (Project Labor Agree-ments) which would have made unions compulsory on Federal projects. This included provision of written and verbal testimony at a hearing in Guam on 06 October 2010.

p. The foregoing is not enough. Work-force Development in Guam has slipped into the background as result of Military Buildup being postponed.

4. Guam Contractors Association must take the lead in developing an efficient local construction work-force

a. NAVFAC Marianas, the major user of construction services on Guam has expressed interest in working with GCA on Workforce Development. It is in their interest to improve the quality of construction and reduce the cost and time of construction projects by Guam having a well-trained and efficient workfo0rce. We and GCA need to first establish a position on the subject.

b. Various Chapters of ABC across the US cooperate to derive benefit for all members. This makes open shop – merit shop a viable solution as com-pared to closed shop as practiced by most AGC chapters.

c. We do not need a labor union to bring training to our workers as happens in a closed shop environ-ment. This concept is partly geared toward making the unions unneces-sary on Guam.

d. The effort may border on social engineering; but what is wrong with that, if all GCA members benefit from a trained and experienced workforce. There is a need to view the long term situation. The increased level of construction activity will continue to 2024 and beyond.

e. Workers may move from one employer to another but provided each contractor does his fair share in devel-oping the local workforce, all contrac-tors benefit more or less equally.

f. The skilled workforce shortage is more serious than some suspect. There are shortages everywhere – Guam is not unique. Action is needed before the need for a trained workforce begins to peak.

5. Plan of Action – Could look some-thing like the following:

a. Develop skilled tradesmen from existing workforce plus new recruits from local community and CNMI. Special focus on veterans.

b. Develop semi-skilled workforce from FSM, Marshall Island, Palau, Ameri-can Samoa. Cooperate with CME (Center for Micronesian Empower-ment) in attracting and training these individuals.

c. Make certification by Trades Acad-emy or GCC a requirement for say 30% of the workforce on every project. Make apprenticeship a requirement for say 10% of the workforce.

d. Increase wages and/or benefits for skilled tradesmen to attract more com-petent people into our Guam construc-tion workforce.

companies could learn where improve-ments needed to be made without fear of citations or fines. The leadership in safety has brought GCA into closer alignment with NAVFAC objectives and enhanced relationships with officials of the Occupational Safety and Health Administration (OSHA). Guam now has one the best safety records in the nation.

c. GCA representatives attended the ABC Annual Convention in Honolulu in February 2004 – by James Martinez and John Robertson. The program included competition between NCCER trainees from all over the nation in a variety of construction trades. This was the first exposure to NCCER and what ABC supports for Workforce Development.

d. In April 2005, the Guam Contractors Association, Committee on Govern-ment and Labor Affairs, organized a “Round Table Discussion on Work-force Buildup”. Presenters were Patrick G. Candoleta, Investigator, US-DOL Wage & Hour Division, Maria Connelley, Director, Guam Depart-ment of Labor and moderated by Com-mittee Chairman, John Robertson.

e. In June 2005, the Guam Contractors Association and the Chamber of Com-merce developed a position paper titled: “Workforce for Major Military Construction Projects.” Its purpose was to facilitate a smooth transition to a massive construction program that was considered imminent.

f. In August 2005, the Military, Govern-ment and Labor Relations Committee provided a presentation to the Guam Rotary Club titled: “Discussion on Workforce Buildup”.

g. The GCA formed the “GCA Trades Academy” in 2006 as a separate non-profit organization. This became a great success story. Dr Bert John-ston was hired in June as the Director. The NCCER curricula for multiple construction trades was adopted and first classes were conducted in Octo-ber. h. Attended ENR/CURT Forum in New

2. GCA has come a long way in past 14 years in terms of membership numbers, member benefits and influence in Government Relations

a. Relations between GCA and the military have been enhanced in collaboration with the Chamber of Commerce and in direct interface over time with NAVFAC Marianas and the 36th Civil Engineering Squadron at Andersen AFB.

b. Close collaboration with the Society of American Military Engineers – Guam Post and Guam Society of Professional Engineers has further enhanced relations between the civilian engineering-construction com-munity and the military leadership.

c. GCA in September 2002, with support from the Chamber of Com-merce, was able to have a Bill passed in the Legislature to eliminate the pyra-miding of Gross Receipts Tax (Public Law 26-149). The 4% GRT is now paid only once per contract by the prime contractor and provides an incentive for subcontracting large portions of the work to small businesses.

d. Also in 2002, Typhoon Chata’an in June and Super Typhoon Pongsona in December devastated Guam’ infra-structure once again. This led to a short term stimulus to the construction industry.

e. GCA in April 2003, promoted and assisted in passage of Public Law 27-023 to reverse the Gross Receipts Tax increases on revenue, earned from contracts in existence at the time of the increase in tax rate, from 4% to 6%.

f. GCA participated in A Workforce & Economic Development Summit in October 2004 in Guam titled: “The Power of e3: Fueling Guam’s Economic Engine” sponsored by Guam Workforce Investment Board, using federal funds.

g. GCA testified before a Regional Conference of Pacific Island political leadersh. On 13 August 2007, the GCA Com-

mittee on Military, Government and Labor Relations provided testimony before a U.S. House of Representa-tives, Committee on Natural Resources, Subcommittee on Insular Affairs at an Oversight Field Hearing on Guam concerning the “U.S. Military Buildup on Guam and Chal-lenges Facing the Community”.

i. In late 2008, GCA worked with attor-ney Thomas Tarpley and the Legisla-ture in crafting a new more simplified Mechanics Lien Law. After much push-back from some major property owners in the community, it eventually found its way into Guam Code Anno-tated and is still in effect.

j. Health Care Group Insurance was implemented for GCA small business members in 2009. It was initially with NetCare. TakeCare Insurance became the GCA provider in 2010 and is the current provider.

k. In March 2011, there was bad news about the Military Buildup on Guam. Signing of the Programmatic Agree-ment had been delayed by some officials in the Government of Guam. Meanwhile a vocal group representing a small minority of the local population had gained traction in the local press. Three members of the U.S. Senate challenged the planning for the trans-fer of Marine Corps elements from Okinawa to Guam. The military buildup and related MILCON projects were stalled until early 2014.

3. Workforce Development

a. With encouragement from GCA, Governor Carl Gutierrez signed Executive Order 2000-10, which required one-tenth of all government funded jobs to go to apprentices. For GCA, this meant requiring contractors to employ one apprentice for every ten workers for publicly funded projects.

b. GCA’s Safety Committee developed the “Safety 2000” partnership agree-ment between GCA and Occupational Safety and Health Administration (OSHA). Under this program, it was agreed that an OSHA representative would visit participating island contrac-tors to point out violations, so that

www.guamcontractors.org CONSTRUCTION NEWS BULLETIN APRIL2014 | 11

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Page 14: GCA Construction News Bulletin April 2014

1. Early History of the Guam Con-tractors Association

a. The GCA was founded on 5 Novem-ber 1959 by J.T. Cook, H.T. Odell, Frank Perez, D.S. Lennox, E.C. Forslund, John Russell and Hugh Mize. Initial standing committees were: Safety, Activities, Professional & Com-munity Affairs, Education & Training, Government & Labor Affairs

b. In the 1960’s GCA established a strong working relationship with the Department of Labor, Guam Commu-nity College and the Department of Education in creating educational opportunities for people who were interested in learning a trade and seeking employment in the construc-tion industry. This resulted in establish-ment of the Apprenticeship Program at the Guam Community College.

c. In the 1970’s GCA assisted the Government of Guam in establishing official prevailing wage rates appli-cable to the territory (beginning in 1972). The Federal Government man-dated and implemented what became referred to as “adverse effect” wage rates. In 1979 GCA filed and won a lawsuit against the U.S. Department of Labor that halted the further imposition of the “adverse effect” wage regula-tions. These mandated rates nearly doubled wage rates within the span of only two years and thereby crippled Guam’s construction industry while

Orleans in June 2007. J. Robertson learned what CURT (Construction Users Roundtable) + ABC (Associated Builders and Contractors) and major contracting firms are doing about Workforce Development. Conference was titled: “Crisis in Construction – Help Wanted”.

i. In November 2008, a tripartite MOU was agreed between GCC-GCA-GCATA for mutual cooperation and benefit. It has served as a guiding principle between the three organiza-tions up until the present day.

j. GCA took the lead in August 2008 with Chamber of Commerce and Guam Hotel & Restaurant Association in pushing back a ±30% wage increase imposed by Guam DOL and USCIS.

k. On 23 September 2008, the GCA Committee on Military, Government & Labor Relations provided testimony again before Honorable Donna M Christensen, Chairwoman, Subcom-mittee on Insular Affairs, Committee on Natural Resources, U.S. House of Representatives. The oversight hear-ing was on the subject: “Identifying Labor Solutions for the Guam Military Build-up”. Other presenters were Congresswoman Christensen, General David F. Bice (U.S. Marine Corps Retired), Douglas Domenech, Acting Deputy Assistant Secretary of Interior for Insular Affairs, Maria Connelley, Dr Robert Underwood and Dr Mary A.Y. Okada.

l. In August 2009, the GCA success-fully fought off action in the House of Representatives by Congressman Abercrombie to impose Hawaii wage and benefit provisions in Guam through amendment to the National Defense Authorization Act for FY 2010.

m. During 2009 and at other times, efforts have been made to make changes to the statute concerning the Manpower Development Fund (MDF) to make funding more accessible to trainees at the GCA Trades Academy. The funds are generated from fees charged for H2B worker processing. The effort has not produced the

desired result. However, as a result of the Tripartite Agreement between GCC-GCA-GCATA, some funds are now flowing through the Community College to the Trades Academy.

n. In November 2009, GCA partici-pated in a “Workforce Summit” where John Robertson addressed the group on: “Embracing Workforce Solutions and Challenges (Regulatory Environ-ment)”.

o. GCA took the lead with Chamber of Commerce, the Employers Council and Hotel & Restaurant Association in defeating the Obama Executive Order regarding PLA’s (Project Labor Agree-ments) which would have made unions compulsory on Federal projects. This included provision of written and verbal testimony at a hearing in Guam on 06 October 2010.

p. The foregoing is not enough. Work-force Development in Guam has slipped into the background as result of Military Buildup being postponed.

4. Guam Contractors Association must take the lead in developing an efficient local construction work-force

a. NAVFAC Marianas, the major user of construction services on Guam has expressed interest in working with GCA on Workforce Development. It is in their interest to improve the quality of construction and reduce the cost and time of construction projects by Guam having a well-trained and efficient workfo0rce. We and GCA need to first establish a position on the subject.

b. Various Chapters of ABC across the US cooperate to derive benefit for all members. This makes open shop – merit shop a viable solution as com-pared to closed shop as practiced by most AGC chapters.

c. We do not need a labor union to bring training to our workers as happens in a closed shop environ-ment. This concept is partly geared toward making the unions unneces-sary on Guam.

d. The effort may border on social engineering; but what is wrong with that, if all GCA members benefit from a trained and experienced workforce. There is a need to view the long term situation. The increased level of construction activity will continue to 2024 and beyond.

e. Workers may move from one employer to another but provided each contractor does his fair share in devel-oping the local workforce, all contrac-tors benefit more or less equally.

f. The skilled workforce shortage is more serious than some suspect. There are shortages everywhere – Guam is not unique. Action is needed before the need for a trained workforce begins to peak.

5. Plan of Action – Could look some-thing like the following:

a. Develop skilled tradesmen from existing workforce plus new recruits from local community and CNMI. Special focus on veterans.

b. Develop semi-skilled workforce from FSM, Marshall Island, Palau, Ameri-can Samoa. Cooperate with CME (Center for Micronesian Empower-ment) in attracting and training these individuals.

c. Make certification by Trades Acad-emy or GCC a requirement for say 30% of the workforce on every project. Make apprenticeship a requirement for say 10% of the workforce.

d. Increase wages and/or benefits for skilled tradesmen to attract more com-petent people into our Guam construc-tion workforce.

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IMCO helps withIMCO helps with

Phase Oneof Tiyan Parkway

Phase Oneof Tiyan Parkway

by: David Macaluso

Page 19: GCA Construction News Bulletin April 2014

The Tiyan Parkway has been specu-lated and talked about for years and now with the fear of losing Federal Aviation Administration (FAA) funds, GovGuam is now getting this project underway. Originally the bill pertain-ing to the Tiyan Parkway was signed into law on September 2011, the Department of Public Works selected IMCO this past April to complete the first phase of the project.

The FAA has safety issues with the Central Avenue, the road that is near the end of runway, fearing it could potentially be a problem. The first phase of the parkway will open up an-other road near the San Jose Market on Route 8 and connect it to Sunset Avenue, an existing road near the old Guam Police Department. Once that happens, then a fence will go up and prevent the use of the Central Avenue, the road that runs near the runway near McDonald's on Route 8.

IMCO General Construction began working on a bid for the Tiyan project back in November 2013 and the deadline to submit the bid was December 18, 2013. IMCO received notice to proceed on the first day of April 2014. There was an official ground breaking ceremony earlier this month on April 8th and the project is expected to commence on April 21st.

Phase One

The first phase of this parkway project is to build 2 ½ miles of new road which will start at San Jose Market, go through the existing police station property and connect back to Sunset Boulevard, which is the road near the old police records building.

This January, Ian Construction began

the demolition of the former Guam Police Department structure that had been the former bachelor officer quarters building when the area was Naval Air Station.

Before the demolition of GPD's facility could start, Governor Eddie Calvo signed a memorandum of agreement that transferred the property needed for the parkway from the Guam International Airport Authority to the Department of Public Works. Before that agreement was signed, the Federal Highway Administration would not fund the construction of the parkway until the land needed for the completion of the parkway was secured.

IMCO Project Manager Graham Johnston said, “The work that we will be doing in Phase One will be some demo roadway excavation to tie the new road into the old roadway.”

IMCO Vice President Tony Anderson adds, “The Tiyan Parkway is one of the only brand new roads that is being built on Guam. There’s a lot of road construction currently ongoing, but its with existing roads, resurfacing roads and bridges. The one we [IMCO] are building will cut through a green field.”

The Tiyan Parkway will consist 4,200 linear feet of storm pipes, 1100 linear feet of water lines, 827 feet of sewer lines which will be close to 6,200 feet of new pipe used on this job. There will also be 29,680 square yards of concrete used, 462 square yards of side walk, 2000 linear feet of curb and 24,000 tons of aggregate placed on the roadway. There will also be a new traffic light installed at the intersection of Route 8 and the new

road (Route 20). The work at the new intersection on Route 8 won’t take place for another 4-5 months. During this construction, cars will still be allowed to use Central Avenue.

The project will have two retention ponds for storm drainage. Also along the entire parkway there will be six foot deep by six foot wide infiltration trenches that will handle the runoff water during heavy rain. The trenches will be filled with clean washed drain rock with a sod layer over it. This will infiltrate all the storm water back into the ground.

According to Johnston, for the first six months of the job, there will not be any direct impact of Route 8.

“Once we do start on route 8, the work will be focused on the outside right of way until we work on the road, which will take place at the night and the road will remain open, it will just be reduced to a limit member of lanes. There will be a new right of way built for the parkway,” said Johnston.

The new parkway will have five lanes near Route 8, three going south and two going north, for the first half mile of the road then it will be reduced to a two lanes after sunset. This project has a contract for twelve months and its worth $7.34 million and the funds comes from the Federal Highway Funds.

Anderson said, “The real benefit for this project won't be recognized until phase two is complete and ties everything together. Right now the intersection at the airport is not an ideal location to complete this project. It would also be nice if we got Phase two for this project, that

when we heard of the potential Guam buildup. When we got here I found out that there wasn’t a buildup. But we really liked the island and liked the work. We decided not to wait for the buildup and we began getting other work that was out there.” Anderson adds, “We are one of the only compa-nies that came here for the buildup and stayed.”

IMCO started getting more outside the fence and kept busy ever since. IMCO maxed out on their largest crew of seventy two when it was a subcontractor for dck worldwide on the new hospital project. The company did civil work, earth work, helped with the utilities and with the construction concrete for the hospital with their crews doing night shifts for the past year. IMCO's other work includes, helping repair and finish Route 2 when the road

was washed out. The company also worked as a subcontractor for dck on the Submarine Learning Center.

IMCO helped Helix Electric on the pole hardening project on Andersen Air Force Base. This project included the removal of concrete and wood utility poles and associated overhead electrical lines transformers and switchgear and installed underground concrete encased duct lines, man-holes, pad mounted transformers and switchgear.

IMCO worked closely with the Guam Coastal Management in the Masso River stream bank restoration project.

Kimberly said, “Outside of Guam we are rarely a subcontractor. Our com-pany does a lot of road work, build bridges and works on wastewater facility projects.”

Anderson adds, “We have a great relationship with the Department of Public Works especially when we worked on the Route 2 project and we expect the same on the Tiyan Parkway.”

IMCO looks forward at completing Phase One of the Tiyan Parkway. The company also likes the aggressive 365 day schedule for the completion of this project which is slated for April 2015.

www.guamcontractors.org CONSTRUCTION NEWS BULLETIN APRIL2014 | 17

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way our crew and equipment won’t have to demobilize, we can keep rolling and continue straight into the second phase.”

Currently there are no designs that have been awarded for Phase two of the Tiyan Parkway. The second phase is expected to continue and expand the parkway for five lanes from Sunset to a new intersection on route 10A, which will end across from the entrance of Home Depot. This will bypass the entire airport.

IMCO began in 1978 and its corporate office is based in Ferndale, Washing-ton, about eighty miles from Seattle. The company has been on Guam since 2009 when it first learned about the anticipated military buildup.

IMCO President Tyler Kimberley said, “We first got interested in the Island

when we heard of the potential Guam buildup. When we got here I found out that there wasn’t a buildup. But we really liked the island and liked the work. We decided not to wait for the buildup and we began getting other work that was out there.” Anderson adds, “We are one of the only compa-nies that came here for the buildup and stayed.”

IMCO started getting more outside the fence and kept busy ever since. IMCO maxed out on their largest crew of seventy two when it was a subcontractor for dck worldwide on the new hospital project. The company did civil work, earth work, helped with the utilities and with the construction concrete for the hospital with their crews doing night shifts for the past year. IMCO's other work includes, helping repair and finish Route 2 when the road

was washed out. The company also worked as a subcontractor for dck on the Submarine Learning Center.

IMCO helped Helix Electric on the pole hardening project on Andersen Air Force Base. This project included the removal of concrete and wood utility poles and associated overhead electrical lines transformers and switchgear and installed underground concrete encased duct lines, man-holes, pad mounted transformers and switchgear.

IMCO worked closely with the Guam Coastal Management in the Masso River stream bank restoration project.

Kimberly said, “Outside of Guam we are rarely a subcontractor. Our com-pany does a lot of road work, build bridges and works on wastewater facility projects.”

Anderson adds, “We have a great relationship with the Department of Public Works especially when we worked on the Route 2 project and we expect the same on the Tiyan Parkway.”

IMCO looks forward at completing Phase One of the Tiyan Parkway. The company also likes the aggressive 365 day schedule for the completion of this project which is slated for April 2015.

18 | APRIL2013 CONSTRUCTION NEWS BULLETIN www.guamcontractors.org

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Phone 671.646.4861/5 • www.blackconstructionguam.com

WINNING AWARDS IS GOOD.WINNING YOUR CONFIDENCE IS EVEN BETTER.

We were honored to be the recipients of 1st and 2nd place overall in the recent Guam Contractors Association Excellence in Construction Awards. But the long-term goal and basic philosophy of Black Construction is and always will be serving our clients, helping them grow, enhancing their visibility. Just in case you’re wondering, the overall 1st place award was for our Kosrae State Correctional Facility. The overall 2nd place award was for Phase l, Camacho Landmark Center-Personal Finance Center Building, shown here. We also received seven other individual category awards. Check our website for details.

A TutorPerini Company C O R P O R A T I O N

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GCA Luncheon

March 19, 2014Westin Resort Guam

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Guam Chamber of Commerce& GCA MixerApril 3, 2014

Nissan Showroom

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Bring on the Green.

Pacific Unlimited Inc. DBA: Pacific Trucking

Not sure where to bring your wooden pallets, crates, untreated wood waste from construction & renovations, land clearing shrubbery, trees refuse, yard trimmings, cardboard & paper?

We are the nearest, most affordable option on island.Pick up services available as well.

For more Information, hours ofoperation or credit applicationcall 437-4374., Ext. 100 or email usat [email protected]

Now accepting green waste at$9.00 per cubic yard.

Located at our EPA Permitted Ordot Green Waste & Composting Facility just across the former Ordot Landfill.

Page 26: GCA Construction News Bulletin April 2014

The Cuthbert Project was able to build a library in a school that previously had no access to books or learning information. It is estimated that 20,000 books were installed in the school. A team of builders renovated a once vacant structure to include shelving, new paint, tables for studying, installation of proper windows and new electrical lines to run the whole structure. The staff that runs the library maintains the order of the books and has even put together procedures for students and residents of the island to check out these donated books.

From its inception in 2009 The Cuthbert Project has been involved in multiple projects to assist the students at Northwest High School on Onoun (Previously WeiPat High School) and the people of the Namo-nuito Atoll, located 130 miles NW of Weno, Members of The Cuthbert Project team have made multiple trips to Onoun, the high school and the Atoll over the years and have always been well received. Relationships have been developed which will last a lifetime and The Cuthbert Project is always looking for ways to provide assis-tance to the people in these remote islands. The Cuthbert Project, a 501 (c) 3 registered non-profit corporation, contin-ues to provide monthly monetary support to Northwest High School on Onoun and other types of support to the peoples of the Namonuitoes.Chuuk. Prior to The Cuthbert Project, students at these high schools did not have access to computers or the internet. It is the goal of The Cuthbert Project to improve the quality of life and enrich the youth of these areas through education, timely delivery of much needed supplies and access to the internet.

After generous donations from Hagens Inc. and a DOI grant administered by the Guam Community College, The Cuthbert Project

was able to set up the computer lab. The lab now has 25 laptop computers with Rosetta Stone software teaching the English language and basic computer skills to over 200 students. These students use sight, sound and microphones to learn proper pronunciation and grammar so that they may communicate when it comes time for them to leave their island and venture out into the world. Currently, every student is allowed about 1 hour per day to learn and advance these skills In addition to computers, The Cuthbert Project sent to the school several printers/copiers, desks, chairs, lights, fans and surge protectors for the electronic equipment and construction equipment.

The islands of Micronesia have some of the most remote communities in the world. Separated by the vast ocean these island communities are not served by any regular means of transportation. There are no regular ships, there are no airstrips and for many years there was no means of communication unless a gas power generator had been provided to provide power to a ham radio. Now most, if not all, of these remote communities are serviced by single side band (ham) radio often powered by a single solar panel which charges a 12 volt battery.

As Photovoltaics (solar) becomes more accessible and affordable these remote

THECUTHBERT

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islands are turning to the sun for more than just their communication needs. As one tours the various islands it is not uncom-mon to find a solar module set up in front of someone's dwelling charging a car battery to allow the family to have access to lights after dark. On the island of Onoun where the Northwestern High School is located a large solar array installed by the European Union in 2009 is powering a computer lab where students are using laptop comput-ers to learn English. Schools in the remote islands are turning more and more to Photolvoltaics to provide power for lights, fans, laptop computers and digital projectors.

AT FOUR YEARS

Installing a new window

The Computer lab before completionTransshipment at Weno

Cuthbert, 2009Cuthbert, 2009

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by: Bill Hagen & Bruce Best

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The Cuthbert Project was able to build a library in a school that previously had no access to books or learning information. It is estimated that 20,000 books were installed in the school. A team of builders renovated a once vacant structure to include shelving, new paint, tables for studying, installation of proper windows and new electrical lines to run the whole structure. The staff that runs the library maintains the order of the books and has even put together procedures for students and residents of the island to check out these donated books.

For several years the airport on Onoun was closed due to overgrown foliage. The Cuthbert Project provided chainsaws, bush cutters, tools and fuel to clear and maintain the runway. Allowing for a clear runway gives planes access to an island that before could only receive medical supplies or conduct emergency evacuations by boat which in many cases take 3-4 days. Having a usable airport improves the availability of critical supplies as well as medical evacuation.

Using lawn mowers supplied by The Cuthbert Project the runway is now main-tained allowing for bi-weekly scheduled flights to and from Onoun as well as the occasional charter.

In 2012 St. Paul’s School, on Guam, donated an excess library to The Cuthbert Project. The books were removed from the Yigo site, palletized, containerized and shipped to Weno for transshipment to Onoun. Included with the shipment were lights, fans, wiring, new windows, paint and 1400 lineal feet of prefabricated book-shelves. The Cuthbert Project funded the transportation, the construction and all other expenses associated with the reloca-tion of this library across 400 miles of ocean.

The high school which serves all of the western and northern islands of Chuuk State has grown 160 to over 200 students as word of the improvements spread. Those kids who were once unable to receive an advanced education can now attend regular classes in basic computer skills and English language. With the help of The Cuthbert Project these students can now have access to improved educational opportunities.

With the introduction of outboard motor boats in the last half of the 20th Century the tradition of sailing canoes was in decline in the outer islands. Seeing the need for the people to return to their sailing tradition in 2010 The Cuthbert Project sent 4 fiberglass outrigger canoes to 4 of the islands in the Namonuito Atoll. Not long after these canoes were sent out, many local residents started crafting their canoes in the traditional manner. Currently, it is common to see these homemade vessels sailing in the lagoon transporting people, supplies and catching fish.

When the Cuthbert Project started its mission, there was an existing solar array on the island. Unfortunately, this power source was not being utilized so we decided to make proper use of it. Currently, these solar panels charge batteries so the lights, fans, the internet and the laptop computers can run both day and night. On some occasions the school puts together movie nights so that the village can gather together to share in a classic film using a digital projector and sound system supplied by The Cuthbert Project.

Through hard work and in kind donations, The Cuthbert Project was able to allow the island to get access to the World Wide Web. Previously the only communication was by SSB radio. The satellite dish was recently installed to allow students to update their Rosetta Stone programs, improve their computer skills and as an added bonus, families use the internet to communicate with loved ones across the globe.

Newly Renovated Computer Classroom Jan. 2012

One of the fiberglass canoe on Onoun 2012

Locally Built Canoes off Onoun

The Solar Array installed by theEuropean Union in 2009

Installation of Satellite Dish, Jan. 2012

Clearing the Runway for Regular FlightsJan. 2013

Library in Yigo, Guam

Preparation for shipping

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The Cuthbert Project was able to build a library in a school that previously had no access to books or learning information. It is estimated that 20,000 books were installed in the school. A team of builders renovated a once vacant structure to include shelving, new paint, tables for studying, installation of proper windows and new electrical lines to run the whole structure. The staff that runs the library maintains the order of the books and has even put together procedures for students and residents of the island to check out these donated books.

Members of The Cuthbert Project team have made multiple trips to Onoun, the high school and the Atoll over the years and have always been well received. Relationships have been developed which will last a lifetime and The Cuthbert Project is always looking for ways to provide assistance to the people in these remote islands. The Cuthbert Project, a 501 (c) 3 registered non-profit corporation, continues to provide monthly monetary support to Northwest High School on Onoun and other types of support to the peoples of the Namo-nuitoes.

Unloading Books to Shore

Everyone Helps

Library Assembly

Happy Students

The Newly Completed Library as ofSeptember 2013

Arrival at Magur 2012Arrival at Onoun 2012

Welcoming Reception at Magur, another island in the Namonuitoe Atoll

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Page 30: GCA Construction News Bulletin April 2014

Ted Garrison; president of Garrison Associates, is a catalyst for change. As a consultant, author and speaker; delivers his Construction 3.0 Strategies that offer breakthrough solutions for the construction industry by focusing on critical issues in leadership, project management, strategic thinking, strategic alliances and marketing. Contact Ted at 800-861-0874 or [email protected]. Further information can be found at www.TedGarrison.com."

Innovation is one of the 10 principles of Construction 3.0 Strategies™ because it's critical to the success of any contractor. It's also an integral part of the key practices that are improving the construc-tion industry—namely, blue ocean contracting, integrated project delivery, and LEAN construction. The fourth, value-based contracting is about identify-ing people that have an open mind to innovation through continuous improve-ment. But why is innovation so impor-tant?

In today's hypercompetitive marketplace, contractors can consistently differentiate themselves from their competitors only through continuous innovation designed to deliver superior value to their clients. As Tom Peters said, “Tomorrow’s victories will go to the masters of innovation! Period!”

If companies want to increase their innovation, they need to avoid thinking of innovation as an event. When companies or individuals think of innovation as an event, they tend to focus on large, game-changing ideas to justify the attention and cost of the effort. While large innovations can have a great impact, unless they are constantly updated, they tend to lose their effect over time. Then one day the original innovator discovers he has been overshadowed by a competitor with newer and better ideas.

A better solution is to develop a system that produces continuous improvement or innovation, often referred to as kaizen. If you think small improvements are not worth the effort, think again. If you can save just 30 seconds a day and compound that every day, in less than three years, you would double your productivity. In reality, most organizations would be better off focusing on small innovations instead of looking for major changes.

Another advantage of small, continuous improvements is they are typically inexpensive and relatively easy to imple-ment. Even if the innovation does not work out, the cost of attempting the change is negligible. In contrast, attempt-ing to implement major innovations can be costly and time consuming, and often

the resistance to such major change can destroy the potential of the innovation.

Further, when the emphasis is on small enhancements, the number and quality of suggestions improves because everyone can participate in the process. Alan G. Robinson and Sam Stern reveal some interesting facts about innovation in their book, Corporate Creativity. First, their research found that award-winning innovations are more likely to come from non-management personnel. They also found that ideas that came from non-management personnel had a greater impact than the ideas from the management.

Talent is often wasted as companies tend to not use it to its fullest potential. Companies often defend that position by reporting that their people are not engaged or willing to take initiative. Unfortunately this a case of the chicken and the egg. Since the company does not respect the worker's potential, the worker does not show his potential. However, when the workforce is engaged, amazing results can occur, as Robinson and Stern pointed out.

One challenge facing continuous improve-ment efforts is been the pass/failure rate, but these failures have often been caused more by the approach than the concept. For example, management wants to increase productivity, so they meet with the workers.

What management says: "We need to improve productivity to remain competi-tive in today's tough marketplace. Do you have any ideas on how we can increase productivity?"

What the workers hear: “You aren’t work-ing hard enough. We want to make more money, and you have to come up with ideas to help us get it.”

In the end, the workers just shrug their shoulders to indicate they do not have any ideas. Management concludes they do not care. Instead, another approach might work.

What if management started the meeting

with this? "We know you are all busting your butts, but we need your help fixing a problem. We need you tell us what management is doing that drives you crazy and keeps you from doing your job." What a difference a little change in approach can make! Unfortunately there will still be some initial resistance from the workers to even this approach because they are skeptical that manage-ment wants to accept their ideas. However, when management demon-strates they not only want to hear the workers ideas but also encourage them to make the changes, it suddenly opens the door.

One of the reasons this approach works is because it taps into what motivates the worker. Numerous studies reveal the two biggest worker motivators are apprecia-tion and being in on things. How much more can the worker be in on something than to implement his own ideas? And there is no greater way to demonstrate your appreciation of the worker than to ask his opinion then let him implement it.

This report is not an attempt to bash management. It is not that management does not have good ideas. It is not that management is not smart. It is merely a reflection of the fact that, in many situations, the worker has an advantage—namely, he is in the middle of the problem and understands it a lot better than those more removed. The worker knows what he can do to fix some-thing, so the workers suggest things they know will work.

When companies tap their in-house creativity to solve not only their internal problems but also those of their clients, they pave the way for greater profitability.

Innovation Is a Keyto Competing on Value

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How many times have you heard "My boss plays favorites!" Of course, the employees who do the best work, who comes to work on time, who follows instructions and who are proactive, are the manager's favorite employees. Naturally, the boss plays favor-ites. As a Human Resource professional, this statement scares me. The statement "My boss plays favorites" can easily become "My boss discriminates against me because I'm from (name your ethnicity) or because I'm old or because I'm disabled or...and the list continues. While playing favorite by itself is not against the law, playing favorite on the basis of certain categories is against the law. While you are not consciously discriminating, discriminat-ing unconsciously will get you in hot water. Your recruitment practices may also land you in hot water. For example, you have a practice, if not a policy, of hiring only individuals who are referred to you by your employees. There are a number of good reasons to hire referred candidates. It helps keep morale up, which in turn helps keep turnover low. And when turnover is low, you reduce training and recruitment costs, helps the company's productivity. However, you may be unwittingly discrimi-nating against certain groups. In the world of Human Resources, this is called Dispa-rate Impact Discrimination - when an employer is unintentionally discriminating against protected groups.

Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, promo-tion, discharge, pay, fringe benefits, job training, classification, referral, and other

aspects of employment, on the basis of race, color, religion, sex or national origin. Other laws have since been enacted. The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals ages 40 and above from discrimination. Americans with Disabilities Act (ADA) and its amend-ments prohibit employers of 15 or more workers from discriminating against qualified individuals with disabilities. Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) prohib-its job discrimination and requires federal contractors and subcontractors to take affirmative action to employ and advance in employment qualified veterans.

What practices can you adopt to prevent disparate impact discrimination?

1) When a position becomes available, submit your job announcement, along with the job description to Guam Employment Services (GES), Women's Affairs division at the Guam Department of Labor, to Department of Integrated Services for Individuals with Disabilities (DISID), and the Guam Veterans Affairs Office (GVAO). At the minimum, submit your job announcement to GES. This is a particular important hiring practice for federal contractors and subcontractors.

2) Announce the job opening within your organization for a period of time - maybe 3-5 days - then announce the opening to the public. This allows all individuals from within your organization the first opportu-nity to apply for the position, and then allow qualified individuals from outside the organization to apply. This process some-

what protects you from claims of discrimi-nation from within your organization.

3) If you administer tests, consider the following guidelines:

Tests are valid and validated by a recog-nized certificating body. Ensure the tests are valid tests for skills you are seeking. For example, you are hiring for a clerical position without cash handling responsi-bilities. A math test you produced internally would be not only not a valid test but one that is not recognized by a certifying body. Ensure the tests do not discriminate against any protected group. For example, the strength tests you adminis-ter for housekeeping jobs tend to eliminate women in their 50's or older. This test may be illegal discriminating under ADEA rules.Administer the test in identical a manner as possible.

4) Be consistent in the application of your policies, particularly in the application of disciplinary procedures. If you terminate an employee for being tardy once, then you must do the same for all committing the same violation.

5) Be consistent in your management style. If you are a "jerk", be a "jerk" towards all, not just certain groups. Better yet, to avoid claims of discrimination, keep morale up and employee turnover low, increase productivity, treat all employees with respect and dignity.

Grace Donaldson is the General Manager of Pacific Human Resource Services. She may be contacted via email at: [email protected].

www.dol.gov1

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Favoritism,Employment Practicesand Disparate Discrimination

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Now after reading the list you’re probably thinking there’s no way you would be that comfortable at work to “forget yourself”, or even “lose track of time”. However, it is possible to achieve a State of Flow. One way on achieving a proper State of Flow and general happiness overall in the workplace is to consistently challenge yourself. The human mind is constantly looking for challenges, and human behavior thrives off of looking for new challenges to overcome. Another way to help with your well being at work is find a higher purpose. In other words, look at the bigger picture: your work is helping the company make money and without steady financial input the company you work for cannot survive. So, if you were to take a step back and look at the bigger picture you would be able to see that even though you may dislike your day-to-day tasks at work or are unsatisfied with your current wage, those daunting tasks you do daily actually help your company stay in business. Which in turn makes your boss

happy, your fellow co-workers and yourself get your paychecks and most importantly gives you a means for providing for your family. Another way to stay happier at work that many people tend to overlook is to not bottle up your resentments. Many people tend to hold grudges or take things personal when they get frustrated with a colleague or manager. Which in turn could affect your performance or behavior at work. The best option is to confront the issue in a professional and mature matter. Never let grievances or your pride hold you back from being comfortable at work.

In this article I’ve described ways to maintain a happier you and overall well-being in the workplace. However these methods are instantaneous cures for your Monday morning blues. These need to be done with practice. So try them out for yourself for a month and try to see if your well being will improve. So smile more, and let’s try to be happy at work!

1. http://www.inc.com/chas-rampenthal/dating-in-the-office-is-it-legal.html 2. http://www.careerbuilder.com/share/aboutus/pressreleasesdetail.aspx?

Happiness and work are two words that rarely ever go hand in hand. However, is it truly impossible to be happy at work? The answer is no. I know it sounds crazy. Our jobs no matter what industry you’re in or how tedious work may be, it has been the main reason why we hate Mondays and always look forward to our weekends. Now you’re probably thinking, “How do I achieve happiness at work if it even is possible”? According to Dr. Mihaly Csikszentmihalyi, a leading psychologist on human well-being says it is possible through attaining a “State of Flow”. There are six characteristics of the State of Flow according to Csikszentmihalyi.

The task takes your full concentration- your full concentration is needed for success.The rules are clear- Even though you are challenge by the task at hand, you know exactly how to achieve it.You forget yourself- You become so immersed in the activity that you are not at all conscious. You have a sense of control- Even though the task is tough you have complete control of the activity.You lose track of time-You become so consumed in the task at hand that time seems to fly by without you being conscious of it.You enjoying doing the task- Doing the work is intrinsically satisfying.

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32 | APRIL2014 CONSTRUCTION NEWS BULLETIN www.guamcontractors.org

Page 35: GCA Construction News Bulletin April 2014
Page 36: GCA Construction News Bulletin April 2014