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525 Golden Gate Avenue, 13th Floor
San Francisco, CA 94102
T 415.554.3155
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TTY 415.554.3488
San Francisco Public Utilities Commission
Correspondence Log
September 17, 2025 through October 6, 2025
Date Received From Subject
September 17, 2025 Steve Lawrence Item 7, 9/23 agenda
September 22, 2025 Doug Benton DB-139 Public Comment (email and attachment) September 22, 2025 Nancy Arbuckle Public Comments (email and attachment) September 26, 2025 Lourdes Enriquez BAWSCA's Statement on the State Water Board's Draft Scientific Basis Report
October 3, 2025 Lourdes Enriquez October 8, 2025 BAWSCA Board Policy Committee Meeting Agenda (email and attachment)
October 6, 2025 Andre Adeyemi [INVITE] Latino Heritage Month Photo (email and attachment
October 6, 2025 Andre Adeyemi [INVITE] Mayor's Italian Heritage Day Parade Contingent
October 6, 2025 Andre Adeyemi [INVITE]: San Francisco City Hall Filipino Heritage Month Celebration
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From: Steve Lawrence
To: Commission
Subject: Item 7, 9/23 agenda
Date: Wednesday, September 17, 2025 4:58:16 PM
Commissioners, why award a $59 million contract, without competitive bidding evidently, when only early services (design and preconstruction) are desired? Bid competitively! That is the tried and true way to award public contracts without favoritism or corruption.
After design, perhaps the work can be split into smaller contracts and benefit from more competition.
Steve Lawrence
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From: Doug Benton
To: Commission
Subject: DB-139 Public Comment
Date: Monday, September 22, 2025 3:58:39 PM
Attachments: Outlook-kuektr4r
DB-139 Public Comment From SMCI To The Commission.pdf
To whom it may concern,
We formally request this be added to the Sep. 23, Commission meeting. Regular Calendar item no. 7.
Thank you, have a great day!
Doug Benton
President
19500 Nugget Blvd.
Sonora, CA 95370
Cell: 209-988-2282
Fax: 800-507-5295
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19500 Nugget Boulevard · Sonora, CA 95370
Phone: 209-928-1900 - Fax: 800-507-5295
Via First-Class Mail And Email To : SFPUC Commission & City Attorney
Attn: Kate H. Stacy, Joshua Arce, Avni Jamdar, Stephen E. Leveroni, Meghan Thurlow, Erica Liang & City Attorney
City and County of San Francisco
Public Utilities Commission
525 Golden Gate Avenue, 8th Floor
San Francisco, CA 94102
To Whom It May Concern,
On behalf of Sierra Mountain Construction, Inc., I am submitting this public comment to the Commission regarding the award of Project DB-139 to Wilson Utility Group. Sierra Mountain Construction, Inc. has served the San Francisco Public Utilities Commission (SFPUC) as a prime contractor for more than 20 years. Our long history with SFPUC has been built on accountability, quality performance, and most importantly, a commitment to safety—the very principle at issue in this public comment. We strongly urge that this award be postponed for a minimum of two weeks in order to conduct a complete and transparent review of the scoring utilized in connection with Wilson's bid proposal.
The SFPUC safety prequalification requirement was established for a clear and critical purpose: to ensure that contractors with unresolved violations, or those attempting to defer responsibility through procedural loopholes, are not placed on projects of this magnitude. This safeguard was created to protect not only the agency, but also the workforce and the public at large. It is our position that in this instance, Wilson Utility Group does not meet the threshold requirements set forth by SFPUC’s adopted policy, and that the intended integrity of this process has not been upheld.
Wilson’s submitted Safety Prequalification Form, read alongside SFPUC’s scoring rubric, should have rendered Wilson nonresponsive. The rubric, consistent with Ordinance No. 113-20, considers OSHA citations regardless of appeal status. This was in response to contractors’ longstanding practice of using loopholes to evade scrutiny of safety records. By the rubric’s objective criteria—developed and adopted by SFPUC to prevent subjective or inconsistent determinations while allowing some mitigation of negative points based on a third- party expert’s evaluation—Wilson failed to achieve the minimum passing score. Instead, the
19500 Nugget Boulevard · Sonora, CA 95370
Phone: 209-928-1900 - Fax: 800-507-5295
process appears to have allowed for subjective interpretations, deadline extensions, and discretionary adjustments that contradict the very intent of the prequalification policy.
Such deviations set a concerning precedent, undermining both the credibility of the process and the mission of SFPUC to place safety at the forefront of construction project delivery.
In the attached documents you will find Wilson’s submitted Safety Prequalification Form, a copy of SFPUC’s scoring rubric, and Wilson’s score. Wilson responded to “OSHA Serious Violations” by answering that it had one, “T8CCR 4999” (Handling Loads). The citation placed in that column was in fact T8CCR Section 4999(I) “Holding the Load.” Although there were two more OSHA serious citations associated with the work-place fatality, Wilson put them under the Workplace Fatality response (T8CCR-4999(c) “attaching the load” and T8CCCR-5002 “Overhead Loads”).
The 4999(I) violation was not scored. Had it been, Wilson would have received a 140/300 at best, and a 130/150 if it took no corrective action. Both scores result in Wilson being found nonresponsive, as the minimum passing score is 150.
A work-place fatality is a separately scored item, from 0 to -200 based on what type of citation was issued, if it all. The rubric allows for mitigation. The third-party safety expert reduced Wilson’s -100 score by 75%, based on the following explanation:
Root Cause of the fatality was due to improper pole lifting equipment, rigging and procedures, which is why they were issued 3 serious citations. The explanation of the incident acknowledges these failure modes and each havehad(sic) correective(sic) actions identified and included in the Safety Manual to prevtn(sic) recurrence. Since this was not a violation of the previous company pole lifting procedures, a 75% reduction in points in warranted. -25 points awarded.
Looking at the rubric, there are four criteria for allowing a 75% reduction:
1. Company presents case for reasonable "Independent Employee Act" defense.
2. Citation contested with reasonable explanation of cause, with applicable training in place before incident.
3. Post-incident training of all employees to prevent recurrence.
4. Solid safety program and training records exist but no evidence given of pre-incident training in safety policy that would have prevented incident if followed
19500 Nugget Boulevard · Sonora, CA 95370
Phone: 209-928-1900 - Fax: 800-507-5295
The expert’s three-sentence analysis and conclusion does not identify a single criterion that Wilson met for a 75% work-place fatality mitigation to occur.
SFPUC adopted the safety prequalification standard as a matter of operational integrity and public trust. To compromise those standards here not only places this high-value project at risk, but weakens the credibility of the safeguards the Commission put in place precisely to prevent such situations.
We ask that SFPUC reaffirm its commitment to its own safety prequalification requirements by applying the rules equally, consistently, and without exception. Upholding this policy is essential—not just for Project DB-139, but for protecting the core values of safety, fairness, and accountability that define SFPUC’s contracting process.
Respectfully,
Doug Benton
President
Sierra Mountain Construction Inc.
19500 Nugget Blvd
Sonora, CA 95370
Cell: 209-988-2282
Fax: 800-507-5295
Attachments: 1. Wilson’s Bid Protest Rebuttal “Exhibit 2 - DB-139_ Wilson and SFPUC Correspondence on Safety Prequalification Status during RFQ&P”, 2. SFPUC Safety Prequalification Scoring Rubrics, 3. Wilson’s Safety Evaluation by Global.
1 From: Liang, Erica <[email protected]> on behalf of Pre-Qualification <[email protected]>
Sent: Tuesday, June 17, 2025 5:21 PM
To: Pre-Qualification; Morell, Cynthia J; Johnson, Leah Subject: RE: CONFIRMATION: New Safety Prequalification Submission From Wilson Utility Construction Co./Contract Number RFQ&P DB-139
Good afternoon Leah,
Wilson Utility Construction Co. has passed safety at Step 3 and will be added to the list of Safety Prequalified Bidders for Contract DB-139.
Kind regards,
Erica Liang
San Francisco Public UƟliƟes Commission
Contract AdministraƟon Bureau
525 Golden Gate Ave, 8th Floor
San Francisco, CA 94102
From: Morell, Cynthia J <[email protected]> On Behalf Of Pre-Qualification Sent: Wednesday, June 11, 2025 1:41 PM
To: Morell, Cynthia J <[email protected]>; Johnson, Leah <[email protected]>; Pre-Qualification <[email protected]>
Subject: RE: CONFIRMATION: New Safety Prequalification Submission From Wilson Utility Construction Co./Contract Number RFQ&P DB-139
Importance: High
Hello Leah,
We are now in the final stage of the Step 3 safety evaluation. I will have an update for you once the evaluation is fully completed.
Per Specification Section 00 11 19, 3.03. Safety Prequalification Web Submittal, Wilson Utility Construction Co. has met the initial requirements of submitting ‘the Safety Prequalification Web form at least 3 weeks prior to the proposal due date’. Please note that there is a possibility we will not be able to settle your safety prequalification status prior to the Bid Opening. This does not prevent your firm from bidding on the contract, but the bid maybe considered at risk until your safety prequalification status is resolved. Feel free to contact us with questions.
Best,
Cynthia Morell (she/her)
Contract Administration Bureau
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 8th Floor
San Francisco, CA 94102
2 From: Morell, Cynthia J <[email protected]>
Sent: Monday, June 9, 2025 3:49 PM
To: Johnson, Leah <[email protected]>; Pre-Qualification <[email protected]> Subject: RE: CONFIRMATION: New Safety Prequalification Submission From Wilson Utility Construction Co./Contract Number RFQ&P DB-139
Hello Leah,
Thank you for your message. I am currently waiting to hear an update on this and will provide information once I receive it. I would like to provide you with an update before 06/12.
Best,
Cynthia Morell (she/her)
Contract Administration Bureau
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 8th Floor
San Francisco, CA 94102
From: Johnson, Leah <[email protected]>
Sent: Friday, June 6, 2025 3:53 PM
To: Pre-Qualification <[email protected]>; Morell, Cynthia J <[email protected]> Subject: RE: CONFIRMATION: New Safety Prequalification Submission From Wilson Utility Construction Co./Contract Number RFQ&P DB-139
Hello Cynthia, I wante d to check in on our Safety Prequali fication status. Plea se let me know if there are any questions or if a ny additional i nformation is nee ded. Tha nk you. Have a great weekend. Lea h Johns on Safety Administrator and Clai ms
Hello Cynthia,
I wanted to check in on our Safety Prequalification status. Please let me know if there are any questions or if any additional information is needed. Thank you.
Have a great weekend.
Leah Johnson
Safety Administrator and Claims Manager
Wilson Construction Co.
1190 NW 3rd Ave.
P.O. Box 1190
Canby, OR 97013
3 Office: 503-263-6882
Cell: 503-593-9502
Fax: 503-263-6946
www.wilsonconst.com
“Building from our past, powering the present, with our vision on the future”
Confidentiality note: This email is intended only for the person or entity to which it is addressed, and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient is prohibited. If you have received this e-mail in error, please notify the sender by reply e-mail, and destroy the original message and all copies.
From: Morell, Cynthia J <[email protected]> On Behalf Of Pre-Qualification Sent: Friday, May 09, 2025 11:12 AM
To: Johnson, Leah <[email protected]>; Pre-Qualification <[email protected]> Subject: RE: CONFIRMATION: New Safety Prequalification Submission From Wilson Utility Construction Co./Contract Number RFQ&P DB-139
Hello Leah,
Thank you for your message. Please accept this email as confirmation that the files were received and forwarded to our third-party evaluator. We will provide an update once the Step 3 Evaluation is complete.
Please let me know if you have any questions.
Best,
Cynthia Morell (she/her)
Contract Administration Bureau
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 8th Floor
San Francisco, CA 94102
From: Johnson, Leah <[email protected]>
Sent: Thursday, May 8, 2025 4:05 PM
To: Pre-Qualification <[email protected]>
Subject: RE: CONFIRMATION: New Safety Prequalification Submission From Wilson Utility Construction Co./Contract Number RFQ&P DB-139
Hello Cynthia, T he requested infor mation ha s bee n upl oade d to the ShareFile link provide d. We kindly ask that you provide confirmati on that the file s were received. Please do not hesitate to contact me should you have any questions or nee d any
Hello Cynthia,
The requested information has been uploaded to the ShareFile link provided. We kindly ask that you provide confirmation that the files were received. Please do not hesitate to contact me should you have any questions or need any additional information. Thank you.
Leah Johnson
4 Safety Administrator and Claims Manager
Wilson Construction Co.
1190 NW 3rd Ave.
P.O. Box 1190
Canby, OR 97013
Office: 503-263-6882
Cell: 503-593-9502
Fax: 503-263-6946
www.wilsonconst.com
“Building from our past, powering the present, with our vision on the future”
Confidentiality note: This email is intended only for the person or entity to which it is addressed, and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient is prohibited. If you have received this e-mail in error, please notify the sender by reply e-mail, and destroy the original message and all copies.
From: Morell, Cynthia J <[email protected]> On Behalf Of Pre-Qualification Sent: Wednesday, May 07, 2025 10:40 AM
To: Johnson, Leah <[email protected]>; Pre-Qualification <[email protected]> Subject: RE: CONFIRMATION: New Safety Prequalification Submission From Wilson Utility Construction Co./Contract Number RFQ&P DB-139
Importance: High
Hi Leah,
Thank you for forwarding the requested CAL OSHA documents. CAB has evaluated your submission, and the firm has advanced to Step 3 due to the firm experiencing a workplace fatality in the last 3 years. Step 3 requires evaluation of Wilson Utility Construction Co’s Safety Documents as outlined in “Question P” of the online Safety Prequalification Form. Due to the size limitation of allowable email attachments, please upload the following documents to the ShareFile link provided below:
1. Injury and Illness Prevention Program
2. Drug and Alcohol-Free Workplace Policy
3. Job Hazard Analysis (JHA) Procedure
4. Corporate Safety Manual
5. Injury and Incident Investigation Process
6. Employee Safety Training Program
7. Safety Field Audit Process
8. Daily Safety Pre-Task Planning Process
https://sfpuc.sharefile.com/r-r1caec09d9bf2499296cdd07b371cc696 Also, please upload the 2022-2024 OSHA 300 and 300A forms to the link above. Please clearly label each document to guarantee Wilson Utility Construction Co. is evaluated properly by our third-party safety expert. 5 Please note that there is a possibility we will not be able to settle your safety prequalification status prior to the Bid Opening. This does not prevent you from bidding on the contract but please understand it is at risk until your safety prequalification status is resolved. Feel free to contact us with questions.
Thank you!
Cynthia Morell (she/her)
Contract Administration Bureau
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 8th Floor
San Francisco, CA 94102
From: Johnson, Leah <[email protected]>
Sent: Wednesday, May 7, 2025 7:49 AM
To: Pre-Qualification <[email protected]>
Subject: RE: CONFIRMATION: New Safety Prequalification Submission From Wilson Utility Construction Co./Contract Number RFQ&P DB-139
Good mor ning Cynt hia, Attached are the re queste d OSHA logs for Wils on. D o you need the a dditional documents regarding our sa fety program a s well, or will that be a separate request? Thank you! Leah Johnson Safety Administrator and Claims Ma nager
Good morning Cynthia,
Attached are the requested OSHA logs for Wilson. Do you need the additional documents regarding our safety program as well, or will that be a separate request? Thank you!
Leah Johnson
Safety Administrator and Claims Manager
Wilson Construction Co.
1190 NW 3rd Ave.
P.O. Box 1190
Canby, OR 97013
6 Office: 503-263-6882
Cell: 503-593-9502
Fax: 503-263-6946
www.wilsonconst.com
“Building from our past, powering the present, with our vision on the future”
Confidentiality note: This email is intended only for the person or entity to which it is addressed, and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient is prohibited. If you have received this e-mail in error, please notify the sender by reply e-mail, and destroy the original message and all copies.
From: Morell, Cynthia J <[email protected]> On Behalf Of Pre-Qualification Sent: Tuesday, May 06, 2025 3:39 PM
To: Pre-Qualification <[email protected]>; Johnson, Leah <[email protected]> Subject: RE: CONFIRMATION: New Safety Prequalification Submission From Wilson Utility Construction Co./Contract Number RFQ&P DB-139
Hello Leah,
Please accept this email as confirmation of receipt of the Safety Prequalification Submission.
Please forward Wilson Utility Construction Co’s CAL OSHA 300 and 300A forms for the following reference years: 2022, 2023 and 2024.
Best,
Cynthia Morell (she/her)
Contract Administration Bureau
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 8th Floor
San Francisco, CA 94102
From: No Reply <[email protected]>
Sent: Tuesday, May 6, 2025 11:11 AM
To: Pre-Qualification <[email protected]>
Subject: CONFIRMATION: New Safety Prequalification Submission From Wilson Utility Construction Co./Contract Number RFQ&P DB-139
DO NOT REPLY TO THIS EMAIL.
Hello,
You have a new Safety Prequal Submission. A copy of the submission can be found below. The submission was deemed completed at All Pages:
7 1. Contact Information
Company Name: Wilson Utility Construction Co.
Address: 1190 NW Third Ave., Canby, OR 97013
Corporate Phone: 503-263-6882
Company Safety Representative:
Leah Johnson
[email protected]
Mobile Phone: 503-263-6882
2. Procurement Information
Department: SFPUC
Contract Number for this solicitation: RFQ&P DB-139
Contract Title: Transmission Line Clearance Mitigation Moderate and Low Risk
3. Prior Safety Prequalification Form Submission
Information for reference years 2022, 2023, and 2024
A. Did your firm pass the Safety Prequalification during the three Reference Years? No B. At which step did your firm pass?
City Department Issuing the Previous Solicitation:
Prior Safety Prequalification Form Submission Date:
Contract Number:
Contract Title:
C. Does your firm have any incidents (violations, injuries or fatalities) under review by Occupational Safety and Health Administration (OSHA) that occurred since your previous Safety Prequalification Form submission?
4. Step 1 Questions
Step 1
D. Please provide data from your firm's Occupational Safety and Health Administration (OSHA) Form 300A, Summary of Work- Related Injuries and Illness. The data should be for all construction work your firm performed whether as a prime, as part of a joint venture, or as a subcontractor.
Reference Year 2022 2023 2024
Total number of deaths (G) 0 0 2
Total number of cases with days away from work (H) 4 3 7 Total number of cases with job transfer or restriction (I) 1 2 1 Total number of other recordable cases (J) 6 8 2
Average number of employees 525 604 703
Total hours worked by all employees 1,219,630 1,463,791 1,687,598 Total recordable case rate 1.8 1.8 1.4
8 Total cases with days away from work, job restriction, or transfer rate 0.8 0.7 0.9 E. Please enter the North America Industrial Classification System (NAICS) rate associated with your industry from these sources Reference Year 2022 2023
What is the NAICS Industry Code from your annual Form 300A? 237130 237130 What is the "Industry" description for your firm's NAICS code? Utility System Construction
Utility System
Construction
What is the annual "Total Recordable Cases" Rate for your Firm's NAICS Industry Code? 1.6 1.6
What is the annual "Total Work Loss" Rate for your Firm's NAICS Industry Code? 1 0.9
F. Is your firm's recordable case rate worse than industry standard for two of the last three years? (autocalculated; your annual reported data is compared to that year's OSHA Rate for your industry) Yes G. Has your firm received an OSHA Serious, Willful or Repeat violation in the last three years, regardless of appeal status? Yes H. Has your firm experienced a workplace fatality in the last three years? Yes
5. Step 2 Questions
Step 2
I. Is your firm's Work Loss rate worse than industry standard for two of the last three years? (autocalculated based on previous inputs) No
J. Has your firm received an OSHA Willful or Repeat violation in the last three years, regardless of appeal? No K. The annual total hours worked for last three (3) years by all employees as reported on your OSHA 300A form (autocalculated based on previous inputs). 4,371,019
L. Provide the number of Serious violations issued by OSHA over the last 36 months (different time period than the past 3 years of OSHA 300A forms), regardless of appeal status. 3
M. Your serious OSHA violation rate per 200,000 hours (autocalculated based on previous inputs) 0.1 N. Does your firm have more than one serious OSHA violations per 200,000 hours, regardless of appeal status? (autocalculated based on previous inputs) No
O. Did OSHA issue your firm a citation for any incident in which there was a fatality in the last 3 years? Yes
6. Step 3 Safety Document Submission
Step 3
P. Safety Document Submittals
Upload Source Documents for each "Yes" response through the link that will be provided after the Form is submitted 9 Document available for
submission? Maximum Possible Score Your Submission
Score
P.1. Does your firm have an Injury and
Illness Prevention Program? Yes 10 10
P.2. Does your firm have a Drug and
Alcohol Free Workplace Policy? Yes 10 10
P.3. Does your firm have a Job Hazard
Analysis (JHA) Procedure? Yes 5 5
P.4. Does your firm have a Corporate
Safety Manual? Yes 5 5
P.5. Does your firm have an Injury and
Incident Investigation Process? Yes 5 5
P.6. Does your firms have any
Employee Safety Training Programs? Yes 5 5
P.7. Does your firm have a Safety Field
Audit Process? Yes 5 5
P.8. Does your firm have a Daily Safety
Pre-Task Planning Process? Yes 5 5
Total Document Submission Score
(calculated and to be verified): 50
7. Step 3 Occupational Safety and Health
Administration (OSHA) Violation History
Step 3 (cont'd)
Q. OSHA Serious Violations
Provide copies of the citation, any appeal, and an explanation of any corrective actions taken.
Date OSHA
Opened Case
Citation
#
Violation
# Standard Citation Info
Available?
Appeal
Available?
Explanation of Corrective
Action Available?
04/24/2024 2 1 T8CCR-
4999 Yes Yes Yes
No No No
No No No
No No No
No No No
No No No
No No No
No No No
No No No
No No No
No No No
10 R. OSHA Wilful and Repeat Violations
Provide copies of the citation, any appeal, and an explanation of any corrective actions taken.
Date OSHA
Opened Case
Citation
#
Violation
# Standard Citation Info
Available?
Appeal
Available?
Explanation of Corrective
Action Available?
No No No
No No No
No No No
S. Workplace Fatality
Provide copies of the citation, any appeal, and an explanation of any corrective actions taken.
Date of
Fatality
Citation
#
Violation
# Standard Citation Info
Submitted
Appeal
Submitted
Explanation of Corrective Action
Submitted
04/24/2024 3 1 T8CCR-
4999(c) Yes Yes Yes
04/24/2024 4 1 T8CCR-5002 Yes Yes Yes
No No No
8. Injury and Lost Work Rates Scores
T. Occupational Safety and Health Administration (OSHA) Form 300A Summary of Work-Related Injuries and Illness Reference Year 2022 2023 2024 Points
Current Total Recordable Rate from U.S. Department of Labor for Firm's NAICS (automatically populated from Part 3) 1 1
Total Recordable Rate (automatically populated from Question A) 1 1 1 Possible maximum points 10 10 10
Points Earned for being equal to or better than industry rate (automatically calculated) 0 0 10 10
Current Total Work loss Rate from U.S. Department of Labor for Firm's NAICS (automatically populated from Part 3) 1 0
Total cases with days away from work, job restriction, or transfer rate (automatically populated from Question A) 0 0 0
Possible maximum points 20 20 20
Points Earned for being equal to or better than industry rate (automatically calculated) 20 20 0 40
Total OSHA 300A
Score 50
These are the documents that should be uploaded:
OSHA 300 forms
OSHA 300A forms
P.1. Injury and Illness Prevention Program
P.2. Drug and Alcohol Free Workplace Policy
11 P.3. Job Hazard Analysis (JHA) Procedure
P.4. Corporate Safety Manual
P.5. Injury and Incident Investigation Process
P.6. Employee Safety Training Programs
P.7. Safety Field Audit Process
P.8. Daily Safety Pre-Task Planning Process
OSHA Violation Documents
Explanation of OSHA Violations
Other
Acknowledgement
Name: Leah Johnson
Title: Safety Administrator and Claims Manager
Date: 05/06/2025
Safety Prequalification Scoring Rubrics:
The City and County of San Francisco (CCSF) wants to work with firms that value safe working environments for their employees, CCSF employees, and the general public.
On July 7, 2020, the Board of Supervisors passed Ordinance No. 113-20 (file No. 200443) (Ordinance), which amended the definition of the term "Responsible" in Chapter 6 of the San Francisco Administrative Code (Chapter 6) to include substantiation of a record of safe performance on construction projects. It further amended the San Francisco Administrative Code to require Chapter 6 departments to award construction contracts for all project delivery methods only to Responsible construction contractors.
On July 17, 2020, the Mayor signed the Ordinance. On August 17, 2020, the Ordinance became effective.
The amended definition of the term Responsible (Responsibility) at Section 6.1 of the San Francisco Administrative Code provides that a bidder or proposer for a construction contract must "substantiate its record of safe performance on construction projects, including but not limited to consideration of federal or state Occupational Safety and Health Administration (OSHA) violations and work place fatalities, including OSHA citations under appeal, in accordance with regulations issued by the City Administrator, in order for the City to find the entity to be Responsible and eligible for contract award.
Chapter 6 Departments (Airport, Municipal Transit Authority, Recreation and Parks, Port, Public Utilities Commission, and Public Works) will require a new submission with every procurement. Chapter 6 Departments may require bidders or proposers to complete the safety evaluation procedures at any point in the procurement process prior to contract award.
Chapter 6 Departments shall not award construction contracts with a safety responsibility requirement to any firm that has not demonstrated its Responsibility by passing at Step 1 or Step 2 or achieving a passing score at Step 3.
For as-needed construction contracts and job order contracts, the Responsibility determination will be done at the master contract level.
In the spring of 2023, the CCSF adopted an online Safety Prequalification Form (Form) to collect bidder and proposer documented and verifiable safety information. The Form asks for information and requests additional information conditionally, based on the bidder/proposer’s responses.
A firm may pass based on a previously passing Step 1 or Step 2 submission, subject to verification. When a firm’s submission goes to Step 3, the Departments shall utilize
independent third-party safety expert consultants to evaluate any contractor-submitted Step 3 safety documents. The safety expert will provide the Chapter 6 Department head with their Step 3 scoring recommendations and rationale, while the department head or their designee will make a final pass/fail determination regarding the applicant's Step 3 safety document submissions. If the department head or designee does not follow the expert’s recommendation, they shall provide their rationale in writing.
For a firm to pass the Safety Prequalification at Step 3, their evaluated safety document submissions must achieve a score of at least 150 points. The results of the evaluation, pass or fail, will be provided upon completion of the evaluation and concurrence by the Department. The detailed evaluation of a firm’s documents by the Third-Party Safety Expert will be provided to the firm after the bid opening date for the specific procurement.
At Step 3, your firm may earn up to 300 points in the following categories:
1. Document Submission, up to 50 points
2. Document Content Evaluation, up to 160 points
3. Injury and Lost Work Rates compared to Industry Standard, up to 90 points
Document Submission Score: The Third-Party Safety Expert will verify that the correct documents are submitted. The CCSF may adjust the submission score if it is determined that the document the firm submitted is not the required document. The Document Submission Score is based on the following scoring rubric:
Maximum
Submission Score
Injury and Illness Prevention Program 10
Drug and Alcohol-Free Workplace Policy 10
Job Hazard Analysis (JHA) Procedure 5
Corporate Safety Manual 5
Injury and Incident Investigation Process 5
Employee Safety Training Programs 5
Safety Field Audit Process 5
Daily Safety Pre-Task Planning Process 5
Document Content Score: The Third-Party Safety Expert will grade the content of each document and provide a score using the following rubric:
Scoring Rubric - Document Content Evaluation:
Below standard -
Requires Extensive
Improvements
Below standard -
Requires
Improvements
Below standard -
Requires Minor
Improvements
Meets Minimum
Standard
Exceeds Minimum
Standard
Evaluation
Score
0 5 10 15 20
Criteria Contents of the
document do not
include most of the
critical elements as
detailed in
document-specific
guide.
Contents of the
document do not
include many of
the critical
elements as
detailed in
document-specific
guide.
Contents of the
document do not
include some of
the critical
elements as
detailed in
document-specific
guide.
Document contains
all of the critical
elements as
detailed in the
document-specific
guide with minimal
details.
Document contains
all of the critical
elements as detailed
in the document-
specific guide and
embodies a
commitment to a
culture of safety.
Injury and Lost Work Rates compared to Industry Standard Score: Calculated based on how the firm’s OSHA 300A rates compare to industry for each Reference Year using the following rubric:
Scoring Rubric - Injury and Lost Work Rates:
Recordable
Score
Lost Workday
Score
Better than Industry 10.00 20.00
Equal to Industry 5.00 10.00
Worse than Industry 0.00 0.00
There is no limit on the number of negative points a firm may be given by the Third-Party Safety Expert. The Third-Party Safety Expert will assign negative points based on review of OSHA violations and the following scoring rubric:.
Scoring Rubric - OSHA Serious Violations:
Serious Violation was associated with or
could have led to this Injury Type; scale of
seriousness of violation
Corrective
Action
Ineffective or
Non-
Enforceable
Corrective
Action
Adequate
Corrective
Action
Clear,
Enforceable,
Implemented,
Measured
Results
Sprains/Strain injuries, Contusion/Bruising,
Dermatitis
-10 -5 0
Laceration < 5 stiches, 1st degree burn,
Minor eye injury, Back injuries
-10 -5 0
Laceration 5 to 15 stitches, Corrosive
chemical exposure, Chemical inhalation, 2nd
degree burn
-15 -10 -5
Fractures, Hospitalization (overnight or
longer), Electrical shock, Severe laceration >
15 stitches, 3rd degree burn
-20 -15 -10
Work-related Fatality, Amputation, High
potential for fatality (Elec shock w/o PPE,
Fall w/o fall protection)
-25 -20 -15
Scoring Rubric - Willful and Repeat Violations:
OSHA Citation Regulatory
Violation
General
Violation
Serious
Violation
Willful
Violation
Repeat -10 -25 -100 -200
Willful -30 -50 -200 N/A
Negative Score - Potentially mitigated by evaluation of explanation
Scoring Rubric - Workplace Fatalities:
No Citation:
Personal
Medical or
Employee at
fault
Serious Citation
Issued
Willful Citation
Issued
0 -100 -200
Fatality Citation Response Scoring Matrix
Zero responsibility
taken towards
incident or citation.
Challenge made to
OSHA citation with
no practical defense
given. No
improvements made,
no additional training
of employees, no
changes to safety
program to prevent
recurrence.
Challenge made to
OSHA citation with
marginal defense
provided. No root
cause determined or
corrective actions
taken.
Challenge made to
citation with
detailed response.
Good safety systems
in place that, had
they been followed,
would have
prevented incident.
Basic measures
taken including
investigation that
describes cause and
actions taken to
prevent recurrence.
Company
presents case for
reasonable
"Independent
Employee Act"
defense. Citation
contested with
reasonable
explanation of
cause, with
applicable
training in place
before incident.
Post-incident
training of all
employees to
prevent
recurrence.
OSHA dismisses case or
downgrades citation from
serious. Company proves
or has substantial evidence
to show Independent
Employee Act was cause.
Company responds with
training/retraining
employees, updates IIPP to
include methods for
preventing recurrence.
Company presents records
of pre-incident training
that would have prevented
incident if followed.
Appears company is
more worried about
legal ramifications
than understanding
cause and preventing
recurrence.
Some positive
response/accountability
to incident but not
sufficient to prevent
recurrence. No
training records
provided.
No changes to
safety manual or
IIPP. Minimal
efforts made to
enact corrective
actions
(training/program
or policy updates).
Some training
records provided.
Solid safety
program and
training records
exist but no
evidence given of
pre-incident
training in safety
policy that would
have prevented
incident if
followed.
Company has excellent
IIPP and Safety Manual
with processes already
present that will prevent
recurrence, if followed.
Company embraces gaps
identified in incident
investigation and
implements improvements
immediately after incident.
Company assumes
responsibility and is
dedicated to prevent
recurrence.
0% Reduction 25% Reduction 50% Reduction 75% Reduction 100% Reduction Negative Score - Potentially mitigated by evaluation of explanation
This Message Is From an Untrusted Sender
You have not previously corresponded with this sender. Report Suspicious From: Nancy Arbuckle
To: Commission
Subject: Public Comments
Date: Monday, September 22, 2025 6:26:48 PM
Attachments: 9925 comments.pdf
Attached please find a copy of my public comments from the Sept. 9. 2025 meeting.
SFPUC Public Comment 9/9/25
Good afternoon, Commissioners,
My name is Nancy Arbuckle. I live in San Francisco. I am a resident and a ratepayer.
There are two points I want to make today:
Number 1 — The SFPUC is basing their decisions about our water on flawed data
and
Number 2 — The SFPUC is harming ratepayers and the environment as a result.
Regarding #1, the flawed data — this starts with flawed demand projections. Demand projections should be based on actual usage; the SFPUC’s are not.
Demand for water has declined dramatically over the past 30 years.
People took out their lawns.
Rec and Park replaced water-guzzling sprinklers.
Costs have gone way up and people use less when that happens.
San Franciscans are conservers. We value our environment and we don’t want to throw our money away.
Now regarding #2, the harm to ratepayers and the environment— The SFPUC’s own reports show that half of every bill goes to paying off debt.
We already pay the highest water rates in the state. Rates keep increasing.
Ratepayers respond to this by using less water. Fixed costs stay the same so rates increase even further.
Rather than dealing directly with issue Number 1 above (flawed data) resulting in Number 2 above (ratepayer and environmental harm) the SFPUC has taken an anti-science, anti-data, anti-environment, anti- salmon, anti-common sense approach and resorted to Voluntary Agreements which we all know don’t even begin to address the problem.
The science supports the Bay-Delta plan.
Ratepayers support science.
Ratepayers support the Bay-Delta plan.
Ratepayers demand accountability.
Thank you for the opportunity to comment.
Nancy Arbuckle
155 Bovet Road, Suite 650, ⚫ San Mateo, CA 94402 ⚫ ph 650 349 3000 ⚫ fx 650 349 8395 ⚫ www.bawsca.org
Statement from Tom Smegal, Chief Executive Officer for the Bay Area Water Supply and Conservation Agency (BAWSCA), Regarding the State Water Resources Control Board’s (State Water Board’s) Recently Released Draft Scientific Basis Report Supplement
September 26, 2025
On September 19th, the State Water Board released a draft staff report on the Phase I Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary, termed as “Draft Scientific Basis Report Supplement”. BAWSCA is pleased that the State Water Board has taken this step to advance consideration of the Healthy Rivers and Landscape Plan for the Tuolumne River (Tuolumne HRLP) through a public and deliberative process.
Publication of the draft report begins a comment period that will end on November 7, 2025.
BAWSCA is carefully reviewing the Draft Scientific Basis Report and will file a comment letter as necessary. The State Water Board has scheduled a public workshop on the draft report on November 5, 2025.
In November 2022, various Tuolumne River parties, including the San Francisco Public Utilities Commission (SFPUC), entered into a Memorandum of Understanding (MOU) with the State of California stipulating the parties’ mutual commitment toward the development and implementation of the Tuolumne HRLP.
On April 11, 2023, the State Water Board provided formal notice that it was commencing the analysis of the scientific basis of the Tuolumne HRLP. That notice indicated that the Board would serve as the lead agency and would prepare a staff report and substitute environmental document (SED).
BAWSCA recognizes the need for a healthy Bay-Delta environment and for providing critically necessary water for all the water users it represents under state law, which includes 1.8 million residents and over 40,000 businesses in Alameda, San Mateo, and Santa Clara counties. BAWSCA supports the efforts by State, federal and local agencies to achieve a resolution supporting these goals, and appreciates the work undertaken by the State Water Board to consider the Tuolumne HRLP.
# # #
1 From: Lourdes Enriquez <[email protected]>
Sent: Friday, October 3, 2025 1:58 PM
To: BAWSCA WMR
Cc: Smegal, Tom; Deborah Grimes; Christiane Barth
Subject: October 8, 2025 BAWSCA Board Policy Committee Meeting Agenda Attachments: 25_BPC_Oct8_Agenda_FINAL.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
This Message Is From an External Sender
This message came from outside your organization.
Report Suspicious
Attached is the agenda for BAWSCA’s Board Policy Committee meeting on Wednesday, October 8, 2025 at 1:30pm.
Click here to download a complete copy of the agenda and attachments for this meeting from our website, or go to:
http://bawsca.org/about/board/agendas
If you
have questions, please call (650) 349-3000.
Thank you,
Lourdes Enriquez
Lourdes Verzosa‐Enriquez
Assistant to the CEO/General Manager
Bay Area Water Supply & Conservation Agency
155 Bovet Road, #650
San Mateo, CA 94402
650‐349‐3000
www.bawsca.org
21208055.3
October 8, 2025
1:30 p.m.
Burlingame Community Center – Sequoia Room
850 Burlingame Ave., Burlingame
CLICK HERE TO VIEW LIVESTREAM
AGENDA
Agenda Item Presenter Page#
1. Call To Order, and Roll Call (Hardy)
Roster of Committee Members (Attachment) Pg 3
2. Comments by Chair (Hardy)
3. Consent Calendar (Hardy)
A. Approval of Minutes from the June 11, 2025 meeting (Attachment) Pg 5
4. Public Comment (Hardy)
Members of the public may address the committee on any issues not listed on the agenda that are within the purview of the committee.
Comments on matters that are listed on the agenda may be made at the time the committee is considering each item. Each speaker is allowed a maximum of three (3) minutes.
5. Action Calendar
A. Adoption of Resolution #2025-02 Approving the Extension (McPherson) of the 2021 Amended and Restated Tier 2 Drought Response Implementation Plan (Attachment)
Issue: What is the member agencies’ adoption status on BAWSCA’s new Tier 2 Drought Allocation Plan?
Information to Committee: Staff memo and oral report.
Committee Action Requested: That the Board Policy Committee recommend Board adoption of Resolution #2025-02 extending the term of the 2021 Amended and Restated Tier 2 Plan through December 31, 2026.
Pg 15
B. Annual Review and Consideration of BAWSCA’s Statement of (Tang) Investment Policy (Attachment)
Issue: BAWSCA’s Investment Policy requires the Board to act on it annually irrespective of any changes. No changes are recommended.
Information to Committee: Staff memo and oral report.
Committee Action Requested: That the Board Policy Committee recommend Board re-affirmation of the current Statement of Investment Policy.
Pg 21
October 8, 2025 BAWSCA Board Policy Committee Meeting Agenda Packet Page 1
21208055.3
6. Reports and Discussions
A. BAWSCA’s Long-Term Reliable Water Supply Strategy (Strategy 2050) - (Ashoori) Affordability Assessment
Issue: What are the findings of BAWSCA’s affordability analysis conducted as part of the Long-Term Reliable Water Supply Strategy (Strategy 2050)? Information to Committee: Staff memo and oral report.
Committee Action Requested: This item is for information purposes only.
No action is required
Pg 29
7. CEO Reports (Smegal)
A. Water Supply Conditions
B. Bay Delta Plan/FERC Update
C. CEO’s Letter (Attachment)
D. Board Policy Committee Calendar (Attachment)
E. Correspondence Packet (Under Separate Cover)
Pg 33
Pg 35
8. Closed Session (Schutte)
A. Conference with Legal Counsel – Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Federal Energy Regulatory Commission Final License Application Proceedings for Don Pedro Hydroelectric Project, P-2299-082, and La Grange Hydroelectric Project, P-14581-002.
B. Conference with Legal Counsel – Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9 - State Water Board Cases (Third Appellate District Court, Case No.
C101232).
9. Report from Closed Session (Schutte)
10. Comments by Committee Members (Hardy)
11. Adjournment to the Next Meeting (Hardy)
December 10, 2025 at 1:30pm
Accessibility for Individuals with Disabilities
Upon request, BAWSCA will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in and provide comments at/related to public meetings.
Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 650-349-3000. Requests will be granted whenever possible and resolved in favor of accessibility.
October 8, 2025 BAWSCA Board Policy Committee Meeting Agenda Packet Page 2 1 From: Adeyemi, Andre (MYR) <[email protected]>
Sent: Monday, October 6, 2025 12:02 PM
Cc: Garcia, Moises (MYR)
Subject: [INVITE] Latino Heritage Month Photo
Attachments: MYR - October.png
This Message Is From an External Sender
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Dear Commission Secretaries,
Please share this upcoming event with your commissioners:
San Francisco Latino Heritage Month Unity Photo
Date: Wednesday, October 15, 2025
Time: 12:30 PM
Location: City Hall, Shultz Grand Staircase
We encourage commissioners to join in this celebration and help honor the contributions and heritage of our city’s Latino community. To RSVP please email: [email protected]. Have a wonderful week ahead.
-Andre
Andre Adeyemi
Director of Appointments
Office of Mayor Daniel Lurie
(415) 554-4000
Want to make an impact? Apply here for mayoral appointment consideration!
1 From: Adeyemi, Andre (MYR) <[email protected]>
Sent: Monday, October 6, 2025 12:02 PM
Cc: Polselli, Angelina (MYR)
Subject: [INVITE] Mayor's Italian Heritage Day Parade Contingent This Message Is From an External Sender
This message came from outside your organization.
Report Suspicious
Good Morning,
Please share the following message below with your commissioners.
On behalf of Mayor Lurie we would like to invite you to walk with him at the 2025 Italian Heritage Day Parade on Sunday, October 12th, 2025. All ages are welcomed, so feel free to invite family and friends! Here are the details:
Start Time: We will begin lining up at 11:30 AM, with the parade starting around 12:15.
End Time: The parade should end around 1:30pm
Starting point: Beach St, between Powell and Mason
Ending Point: Washington Sq Park
Please sign up here: https://forms.office.com/g/mdsAwUmZ9v If you have any questions, please feel free to reach out to Angelina at [email protected]! Hope to see you there.
-Andre
Andre Adeyemi
Director of Appointments
Office of Mayor Daniel Lurie
(415) 554-4000
Want to make an impact? Apply here for mayoral appointment consideration!
This Message Is From an External Sender
This message came from outside your organization.
Report Suspicious
Good Afternoon All,
Please share the following message below with your commissioners.
Dear Commissioners,
On behalf of Mayor Daniel Lurie, I am pleased to invite you to join us for this year’s Filipino Heritage Month Celebration at San Francisco City Hall on Thursday, October 23, 2025, at 5:30 PM.
Kindly reply by October 17th and RSVP for each attendee here. Due to limited seating, we may not be able to guarantee a seat if you arrive after the program begins.
A ndre A deyemi
Director of A ppointments
Office of M ayor Daniel L urie
(415) 554-4000
Want to make an impact? A pply here for m a yora l appointment consideration !