Port of Oakland - Doing Business

Contract Compliance at the Port of Oakland
The Contract Compliance Department encourages the participation of small and local contractors, consultants and vendor businesses by ensuring non-discrimination through outreach, monitoring, education and technical assistance. As a means to achieving this goal, it has developed and is implementing the Port's Non Discrimination Small and Local Business Utilization Policy, its Airport Concession Disadvantaged Business Enterprise (ACDBE) Program, its Disadvantaged Business Enterprise (DBE) Program, its Certification Program, and the administration and monitoring of the Port's Living Wage Ordinance and Federal/State prevailing wage requirements as well as wage monitoring of and small business access to opportunities in the Maritime Aviation Project Labor Agreement (MAPLA).

Local Business Utilization Policies

Non-Discrimination and Small Local Business Utilization Policy (NDSLBU) covers design-bid-build projects. The Port also supports local consultants on its contracts.
Alternative Project Deliver Approaches (ADPA) covers design-build, the Terminal Expansion (TEx) and other non-typical projects.

Certification of local businesses for applying preference points and goals for Local Business Utilization Policies.

Streamlined certification process.
More than 600 local businesses in SRD's database.
Web-based access.

Disadvantaged Business Enterprise (DBE) Program

Covers federally funded construction projects and airport concessions.
Sets goals for small minority-owned, women-owned, other disadvantaged businesses.
SRD's DBE Program supported over $11.5 million in federal funding for fiscal year 2008-2009.

Public Notice for DBE and ACDBE Race Neutral Goals and Updated DBE Program Plans
More Info

Sustainable Wage Programs

MAPLA History
The Maritime and Aviation Project Labor Agreement (MAPLA) was adopted by the Board of Port Commissioners in March 2000. It was intended to cover the Capital Improvement Program (CIP) for the Port’s Aviation and Maritime areas. In response to Port policies, the MAPLA was designed to ensure project labor stability, the employment of Port Local Impact Area (Oakland, Emeryville, San Leandro and Alameda) residents, and the utilization of Port recognized small businesses. MAPLA also covered other CIP projects in the Maritime and Aviation areas, and major maintenance.

Initially adopted for five years (through December 2004), MAPLA has been extended four times by Board action and the concurrence of the Building Trades Unions. Under the current extension, MAPLA will be extended on a month-by-month basis until such time as either the Port or the Unions provide 90 day notice of their desire to cease further extensions. MAPLA continues its cornerstone position as a catalyst for Local Impact Area (LIA) employment opportunities and sound labor relations.

Projects Covered by MAPLA
Non federally funded on-site construction, modifications, alterations, repair and demolition of Port projects in the Maritime and Aviation areas that are over $50,000 and Tenant Improvements in Maritime and Airport North Field over $150,000 and over $50,000 in the Airport area.

For projects which are funded through an agency or agencies of the United States Department of Transportation, the provisions of the Port of Oakland Maritime and Aviation Project Labor Agreement permitting the possible imposition of sanctions and/or binding arbitration for failure to demonstrate "good faith" efforts to meet local hiring goals are herby deemed inapplicable. All other provisions of MAPLA are still enforced.

MAPLA Committee Structure
The Program requires an innovative approach to local contractor utilization, local hiring, community outreach and liaison as part of the administration and implementation of the Project Labor Agreement (PLA). The underlying philosophy of the program is to use the PLA and the related covered works as a vehicle for building the real capacity of local firms and individuals and to maximize their potential to successfully participate in large public works projects. The Program and its committee structure also provide administrative oversight to compliance, the social justice trust fund and resolution of grievances.

MAPLA Requirements
MAPLA Hiring Goals

50% of the total hours to be worked by LIA residents *
20% of apprentice hours worked by LIA residents *

* Local Business Area residents to work when LIA residents are not available.

Local Impact Area (LIA) – Oakland, Emeryville, San Leandro and Alameda
Local Business Area (LBA) – Alameda and Contra Costa counties

Prevailing Wage
All workers covered by the MAPLA will be paid prevailing wages as determined by the California State Davis Bacon. For more information:

Letters of Assent
All prime contractors and all sub-contractors, no matter what tier, working on a MAPLA project must sign a letter of assent to the Project Labor Agreement. This letter binds the contractor to the terns of the Port’s agreement, including trust fund obligations noted below. It does not bind any contractor to any other union collective bargaining agreement or any other trust fund obligations.
Letter of Assent

Core Worker Provision
Non-signatory contractors may use up to ten of their own “core” employees per craft provided that they hire the first person from the union hall and every other employee after that. All workers must be dispatched from the hiring hall, and the union must dispatch requested core employees.
Core Worker Provision

Drug Testing
Include in your bid the price of Substance abuse testing. MAPLA has a uniform substance abuse policy. All craft employees, including your core employees, must be tested for controlled substances before they start work at the jobsite.

Benefit Payments
Non-union contractors please note that your core employees are required to pay union initiation fees and monthly dues/representation fees while they will be working on the project. Also required is payment into the union’s vacation, health & welfare, apprenticeship and pension trust funds for the hours worked on the project for both core and union employees.

Social Justice Trust Fund Contribution
Makes grants to programs to reduce barriers for local residents working in construction. Bidders should include an additional $0.15 per hour above the Prevailing Wage Determination for hours worked and/or paid to craft employees. This money will go into Social Justice Trust Fund to assist local residents and community based organizations eliminate barriers to employment in the construction industry. The Social Justice Trust Fund are paid to the East Bay Community Foundation and managed by the Social Justice Trust established by the Joint Apprenticeship Council.
Social Justice Trust Fund Contribution

Local Business Utilization
The Port’s bidding process places emphasis on contracting with locally owned business. Bidders should include local businesses in the list of subcontractors on projects.

Small Business Exclusion
Some contracts under $1 million will be bid under the small business exclusion included in the Project Labor Agreement. Eligible small local contractors that have been certified by the Port will be asked to participate in an informal bidding process for this work. Work done under the small business exclusion is exempt from Project Labor Agreement requirements. All public works jobs must pay prevailing wages and should be bid accordingly.

Reporting by Contractors
The Port of Oakland’s Elations System is a Web Access Monitoring System (referred to as WAMS) to monitor compliance with federal Davis Bacon/State prevailing wage laws and payment on contracts. All firms doing business with the Port on construction/public works and professional services contracts must register with Hill International. To get information on how to register with WAMS, contact Hill International Customer Service between 8:00am and 5:30pm PST at 1-925-913-7550 or e-mail Hill at RosalindaMartinez@hillintl.com.

MAPLA Contact Information
Port of Oakland
Lila Zinn, Social Responsibility Division
(510) 627-1485
lzinn@portoakland.com

Chris Chan, Engineering Administration
(510) 627-1331
cchan@portoakland.com

Administrators
Gene Johnson, Davillier-Sloan, Inc.
(510) 385-1262
gene@davilliersloan.com

Ed Manning, E.F. Manning Consultants, Inc.
(510) 867-7477
ed@efmanningconsultants.com

Lee Halterman, Marstel-Day
(703) 839-5519
lh@marstel-day.com


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