September 16, 2025, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
September 16, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services(f
Douglas Nguyen, Assistant Engineer
(858) 668-4605 or [email protected]
CITY COUNCIL
Approval of Consultant Agreement with TKE Engineering, Inc., for the Water Treatment Plant Chemical Tank Replacement Project; RFP No. 25-011 This Consultant Agreement will provide design services for the Water Treatment Plant Chemical Tank Replacement project.
Recommended Action:
It is recommended the City Council approve the Consultant Agreement (Attachment A) with TKE Engineering, Inc. in the amount of $238,700.00 for design services for the Water Treatment Plant Chemical Tank Replacement project and authorize the City Manager to execute the necessary documents.
Discussion:
The City of Poway owns and operates the Lester J. Berglund Water Treatment Plant, which was originally constructed in 1970 and has undergone several major improvements to expand capacity and extend service life. Several of the treatment plant tanks, originally installed in the mid-1990s and early 201 Os, are now approaching the end of their service life and require replacement to maintain safe and reliable water treatment operations.
The Chemical Tank Farm is a critical component of the treatment process housing tanks that store aluminum sulfate, polymer and sodium permanganate used for coagulation, filtration and disinfection support. Specifically, the project will address replacement of two aluminum sulfate tanks, one polymer tank and one sodium permanganate tank, along with associated piping, valves, appurtenances and necessary site improvements. Additional scope includes addressing secondary containment requirements and performing a seismic investigation to ensure compliance with current structural standards.
In March 2025, staff issued a Request for Proposal (RFP) for engineering design services to prepare plans, specifications, and estimates for the Water Treatment Plant Chemical Tank Replacement 1 of 21
September 16, 2025, Item #6
Project.
The
initial
solicitation
did
not
yield
any
responsive
proposals.
Following
consultation
with
Public
Works
and
Water
Treatment
Plant
staff,
three
qualified
consultant
firms
were
directly
solicited.
Two
of
the
firms
did
not
submit
responsive
or
complete
proposals
. The
third
firm,
TKE
Engineering,
Inc.,
submitted
a
responsive
and
qualified
proposal
for
the
project.
Based
on
a
review
of
comparable
municipal
RFPs
for
similar
chemical
tank
replacement
projects,
the
price
submitted
by
TKE
Engineering,
Inc.
falls
within
the
typical
range
for
projects
of
this
scope.
Approval
of
this
Agreement
will
provide
professional
design
services
for
the
Chemical
Tank
Replacement
Project,
including
design
survey,
preparation
of
a
preliminary
design
technical
memorandum
and
development
of
construction
bid
documents.
Completion
of
this
design
effort
will
allow
the
City
to
proceed
with
the
phased
replacement
of
these
critical
facilities.
Environmental
Review:
The
proposed
replacement
of
existing
Chemical
Tanks
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA)
as
a Class
2 Categorical
Exemption,
pursuant
to
Section
15302(c)
of
the
CEQA
Guidelines,
in
that
the
project
involves
maintenance
of
an
existing
system
with
no
expansion
of
use.
Fiscal
Impact:
There
is
sufficient
funding
totaling
$475,000,00
available
in
the
Chemical
Tank
Replacement
account
(WT043)
for
the
design
contract.
The
City
proactively
plans
for
key
water
infrastructure
repair
and
replacement
projects
as
part
of
the
annual
budget
process.
Public
Notification:
None. Attachments: A.
Consultant
Agreement
Reviewed/Approved
By:
~
Ka
~
Assistant
City
Manager
2 of
21 Reviewed
By:
Alan
Fenstermacher
City
Attorney
App
~
v.,e~d
Bh
™)
Ch
risHazeltine
City
Manager
September 16, 2025, Item #6
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 17th day of September, 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and TKE ENGINEERING, INC., (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform the Water Treatment Plant Chemical Tank Replacement Project; WHEREAS, Consultant is a civil engineering and construction management consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City.
Termination for cause shall be effected by delivery of written notice of termination to Consultant.
Such termination shall be effective upon delivery of said notice. 1 3 of 21 ATTACHMENT A
September 16, 2025, Item #6
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services.
The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103.
Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 2 4 of 21
September 16, 2025, Item #6
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
[g] 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Julie Procopio, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 3 5 of 21
September 16, 2025, Item #6
(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
4 6 of 21
September 16, 2025, Item #6
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 5 7 of 21
September 16, 2025, Item #6
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration.
Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of Cal PERS while providing services to City. 6 8 of 21
September 16, 2025, Item #6
Contractor
further
provides
that
in
the
event
Contractor
assigns
a
retired
annuitant
receiving
a
pension
benefit
from
CalPERS
to
perform
services
for
City,
the
retired
annuitant
is
in
full
compliance
with
Government
Code
section
7522.56.
A
copy
of
Government
Code
section
7522.56
is
attached
hereto
as
Exhibit
"B."
Further,
Contractor
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
imposed
by
CalPERS
in
the
event
CalPERS
determines
the
person
assigned
by
Contractor
to
provide
services
to
City
has
been
misclassified
.
25. Severability.
If
any
provision
of
this
Agreement
is
determined
by
any
court
of
competent
jurisdiction
or
arbitrator
to
be
invalid,
illegal,
or
unenforceable
to
any
extent,
that
provision
shall,
if possible,
be
construed
as
though
more
narrowly
drawn,
if
a
narrower
construction
would
avoid
such
invalidity,
illegality,
or
unenforceability
or,
if
that
is
not
possible,
such
provision
shall,
to
the
extent
of
such
invalidity,
illegality,
or
unenforceability,
be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
(Remainder
of
page
intentionally
left
blank)
7 9
of
21 September 16, 2025, Item #6
IN
WITNESS
WHEREOF,
the
parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written.
CITY
OF
POWAY
TKE
ENGINEERING,
INC.
By
: __________
_
By
: ___________
_
Chris
Hazeltine,
City
Manager
Terry
Renner,
Senior
Vice
President
Date:
___________
_
Date
: ___________
_
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
APPROVED
AS
TO
FORM:
By
:--------------Alan
Fenstermacher, City
Attorney
8 1 O
of
21 September 16, 2025, Item #6
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the engineering design services further described in the Scope of Services submitted with the proposals dated July 11, 2025, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated July 11, 2025 which are included in this document as Attachment 2.
Total fee is not to exceed TWO HUNDRED THIRTY EIGHT THOUSAND SEVEN HUNDRED DOLLARS ($238,700.00). Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall commence and be effective as of September 17, 2025 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 11 of 21
September 16, 2025, Item #6
Cal Gov Code § 7522.56
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
12 of 21
To City: City of Poway-Development Services
13325 Civic Center Drive
To Consultant:
2 Poway, CA 92064
TKE Engineering, Inc.
8451 Miralani Drive, Suite A
San Diego, CA 92126
September 16, 2025, Item #6
ATTACHMENT 1
REQUEST FOR PROPOSAL
WATER TREATMENT PLANT CHEMICAL
TANK REPLACEMENT
www. TKEeng n e e r
13 of 21
for:
CITY OF POWAY
Attn: Doug Nguyen
Assistant Engineer
13 325 Civic Center Drive,
Poway, CA 92064
Prepared by:
ll<E
ENGINEERING, INC.
2305 Chicago A venue
Riverside, California 92507
(951)680-0440
n g . c o m
September 16, 2025, Item #6
''
•
,.',
.
.
' : : ; •
'
'
·,'
'
'
•
'
.'
,,,,_.
'
'
'
:.
SECTION
6 I SCOPE
OF
SERVICES
I SE
CTION
6 I SCOPE
OF
SERVICES
Our
design
scope
of
services
is
presented
in
the
following
paragraphs: T
AS
K
NO
.
1 PRO
J
ECT
M
A
N
A
GEMENT
Prior
to
commencement
of
services,
TKE
will
meet
City
staff
to
review
project
obligations
and
to
discuss
all
project
requirements
and
exact
locations
for
project
removal
and
replacements
in
detail.
In
addition,
we
will
schedule
a
site
visit
to
discuss
the
project's
scope
of
services
and
our
design
schedules.
We
also
utilize
this
meeting
to
acquire
the
City's
existing
utility
plans.
In
addition,
TKE
will
preform
a
site
visit
to
become
familiar
with
the
project
and
collect
measurements.
Further,
TKE
will
schedule
three
(3)
virtual
design
review
meetings
upon
the
completion
of
50%,
90%
and
100%
design
completion
phases.
We
will
submit
monthly
progress
reporting
with
monthly
invoicing
which
will
indicate
work
activities
completed
to
date,
outstanding
issues,
changes
in
scope,
budget
status,
corrective
actions,
schedule
status,
updated
logs,
and
overall
project
budget.
TKE
will
provide
monthly
invoicing
showing
breakdown
for
staff
and
subconsultants
that
performed
work
on
the
project
including
job
title/classification,
hourly
rates,
hours
worked,
and
a brief
description
of
the
work
performed.
T
AS
K
NO
2 R
ECORDS
R
E
SEA
R
C
H
We
will
thoroughly
research
existing
utility
records,
as
builts,
reports,
and
acquire
copies
of
all
available
records.
The
purpose
of
the
records
research
is
to
assemble
survey
records
to
establish
site
constraints
for
the
proposed
improvements
and
determine
locations
of
all
existing
utilities
and
improvements.
Our
research
will
consist
of
assembling
copies
of
assessors'
maps,
parcel
map,
monument
ties,
benchmark
data,
corner
records,
improvement
plans,
and
utility
drawings
to
build
upon
existing
records.
We
will
notify
Underground
Service
Alert
to
acquire
a
complete
list
of
underground
utility
purveyors
.
The
utility
drawings
will
include
existing
drawings
from
the
City,
including
the
existing
site
boundary
survey,
and
drawings
and/or
atlas
maps
from
all
private
utility
companies,
and/or
agencies
.
Pa
ge
123
TASK
NO.
3 .
SURVEYING
TKE
will
perform
site
topographic
survey
of
the
existing
chemical
tank
farm
to
collect
details
of
all
on-site
features
needed
to
prepare
treatment
system
and
piping
improvement
plans.
The
site
survey
will
be
tied
to
the
existing
site
points
included
in
the
topographic
survey
provided
by
the
City
to
ensure
consistency
with
existing
site
records.
TASK
NO
.
4 GE
O
TECHNI
C
AL
S
ERV
I
CE
S
TKE's
team
will
utilize
the
Ninyo
&
Moore
Geotechnical
Evaluation
dated
April
5,
2023
to
provide
the
seismic
and
design
parameters
for
the
chemical
tank
project.
The
2025
CBC
will
take
effect
next
year,
therefore
our
team
will
have
to
make
some
assumptions
for
seismic
parameters
when
obtaining
information
from
the
USGS
website. TASK
N
O
.
5 .
B A S E
DRA
W
IN
G
S
We
will
prepare
the
base
construction
drawings
on
24"
by
36"
sheets
with
the
City's
standard
title
block
using
AutoCAD
2019
software
at
a drawing
scale
of
1"=20'
. The
base
construction
drawings
will
include
a plan
view
based
on
survey
data.
We
will
add
the
sheet
north
arrow,
graphic
scale,
existing
improvements
and
utilities
(based
on
both
assembled
records
and
field
data),
property
lines,
public
and
private
right-of-way,
street
centerline,
and
street
names
to
the
plan
view
portion
of
the
drawings.
Once
the
base
drawings
are
complete,
we
will
perform
a
careful
field
review
to
ensure
all
above
ground
and
underground
facilities
are
shown
correctly
.
We
will
request
that
experienced
City
staff
assist
us
with
the
field
review
to
ensure
all
underground
facilities
and
treatment
plant
appurtenances
have
been
identified
and
accurately
shown.
In
addition,
we
will
work
with
City
staff
to
identify
site
unknowns
(e
.g.
drainage,
electrical
conduits,
SCADA
tie-ins,
etc.).
T
ASK
NO.
6. PRE
LIM
I
N
ARY
DES
I
GN
T
EC
HNI
CA
L
ME
MO
R
A
NDUM
We
will
perform
preliminary
engineering
analysis
and
develop
a
preliminary
design
technical
memorandum
to
,.&:
-R~e•q•u~es~t-f.or_P_r_o_po_s_a_l
.,1
w_
a.te.r111T .. re1111a111tm..,,,.en,_t_,P.;,;la .. n.,t .. c.,he~m,;,;,;,;ic~al.;T.;,a;.;;n k~Re;.p;.;;la;.;;c;,;;e;.;.m;,;;e,;.;,nt;... ______
_
·~
City
of
Poway
14 of
21 September 16, 2025, Item #6
Ft: ,> 'J:} .> · .· .. ; Y < · · :;<:
'.'-. ,'-'·SECTION 6 I SCOPE·OF SERVICES . • . . . '
,! ,) -~' ;,, ..... • \ ' t • , ~ 4 -! ( .... : , .-.; 'd-.. _ ,, /'< ~" t , i • • •J Page 124 determine appropriate location, connection points, pipe diameters, depths and necessary appurtenances for
delivering chemicals to the treatment plant.
Preliminary engineering will be assembled in a
memorandum that will include an executive summary, an
introduction (including discussions on existing chemical tank infrastructure, design criteria, system needs, and study scope (including discussions on records research, field reviews, electrical/power needs, and pipeline
diameters, and identification of long-lead items).
Additionally, the Preliminary Design Technical
Memorandum will include proposed project layout,
identification of potential design and construction
challenges, cost estimates, calculation tables, figures, a project schedule, preliminary drawings and phasing
recommendations to maintain plant operations during
construction.
After the memorandum is complete, we will submit three
(3) copies to City for review. Upon completion of the
City's review, we will meet with City staff to discuss their comments. After acquiring City comments, we will
incorporate City staff comments and prepare a final PDR with all recommendations and conclusions identified.
TASK NO.7.50% DESIGN
The 50% design will consist of the following sheets:
• A title sheet (1)
• Construction notes (1)
• Site Plan (1)
• Demolition Sheets (2)
• Replacement Plan View (2)
• Replacement Section View (2)
• Structural Plans (2)
• Detail Sheets (2)
The title sheets will include the title of the job, a vicinity map showing the City's service area in relationship to
surrounding communities, a location map showing the
project limits, a list of abbreviations used, benchmark data, general notes, construction quantities, an index for the drawings, and references.
The construction notes will include requirements for
notifications, existing utility protection and relocation, materials, improvement restoration, testing, and
construction sequencing.
The site plan will show digital topographic data, existing improvements and utilities, site control, chemical tank locations, piping, and appurtenances.
The demolition sheet will include all required removals to complete construction.
Replacement Plans, plan view and section view will show the layout of the equipment, tanks, piping and electrical.
Key note, dimensions, and call outs will be provided to aid in construction of these complex systems.
The design parameters will include salvaging and
relocating the existing level sensors from each tank to the new tanks. Existing electrical and SCADA will be salvaged and reconnected to new tanks, tying into the existing
control system.
The City will be responsible for providing temporary
chemical storage and integration into the operation
system during construction. TKE's design will incorporate phasing with the tanks scheduled for removal in two
phases. Phase 1 will include One Aluminum Tank and the
Sodium Permanganate Tank and Phase 2 will be one
Aluminum Tank with the Polymer Tank.
The structural plans will include plan and section details for all structural components, including footings, slabs, anchor bolts, and equipment foundations.
The construction details will include treatment units, and headworks mechanical sections and details, control
schematics, telemetry, and related details, etc., as
required, all at appropriate drawing scales.
After 50% design is complete, we will forward electronic copies to the City for review and comment. Thereafter,
the City will provide comments via email.
TKE will incorporate temporary and permanent erosion
control into the plans. Erosion control design will include current Best Management Practices and shall conform to
the City's JURMP requirements and applicable State
agency requirements.
TASK NO. 8 90% DESIGN
We will incorporate the City's 50% comments, refine the design as required, and provide the City revised drawings.
In addition, TKE will prepare project specifications (Bid Sheets and Special Provisions) in accordance with City
li<E
Request for Proposal I Water Treatment Plant Chemical Tank Replacement City of Poway
15 of21
September 16, 2025, Item #6
. • ' ' . • ' ! •
·. ' • . '.: : . ' . ' ':. ~,'.-: t: :; ., ..••. '·, ; • ., ,. . : •. .: : '_,;.:
• •' '•,. ' ' 1 • • •II I • • o < ; '
· •. SECT.ION 6 I SCOPE OF SERVICES ' . • •
• •, • > : , • • <' •• • • ; ~ I, ' • '• • • , 1 • Page 125 standards and in Microsoft Word format. The
specifications will include bid schedules with special bid instructions on the City's award intentions. They will also include technical specifications for the tank
manufacturing, piping, and appurtenances. Further, we
will use the bidding schedules to prepare the engineers estimates. The bidding schedules will include all material and construction requirements as shown on the drawings.
After 90% design is complete, we will forward electronic copies to the City for final review and comment.
Thereafter, the City will provide comments via email for final design.
TASI< NO 9 . F I N A L
DESIGN
We wHI incorporate the City's 90% comments and provide
the City with hard (mylar drawings and specifications) and digital {PDF and Word) copies of the drawings, and
specifications for final approval and bidding. In addition, we will prepare a final construction cost estimate for the project.
TASI< NO. 10 BIDDING
ASSISTANCE
TKE will provide project pre-award services as needed
including but not limited to preparation of response to RFl's during bid period, preparation of addenda as
required, and attend pre-bid job walk for technical
assistance. Lastly, TKE will assist the City with review of bid proposals in accordance with the contract documents.
TASI< NO 11. ASSISTANCE
DURING CONSTRUCTION
Construction phase assistance will include the following:
TKE will attend the preconstruction conference with City staff, Construction Manager {CM}, Project Construction
Inspector, TKE representative, and the Contractor. Prior to the conference, we will review the conference agenda prepared by the City. At the meeting, we will discuss
communication protocol requirements, and procedures
for contract submittals, contract administration, job-site access and delivery, and coordination with others as
requested.
We will review and approve a maximum of ten {10)
project submittals, three (3) RFI reviews, and one (1)
change order review for the project. We will maintain a project log for the project and it will include descriptions of submittals, date received, and date returned. We will consult with City staff as required to review substitute materials and equipment. Once the submittals have been
reviewed and accepted, they will be signed, dated, and
sent to City staff and project contractor. Submittals will be returned within the time frame specified by the
contract documents. The construction schedule will be a critical document. It will be reviewed to verify compliance with the contract documents and will be reviewed
monthly to ensure construction is proceeding efficiently.
Once the project has been completed, we will provide the City with a complete set of signed and stamped record
drawings which will reflect the improvements as
constructed; any changes made during project
construction will be shown on the record drawings based on the contractor's and inspector's records. Said record drawings will be based on data furnished by the
Contractor's redlined field plans and inspector tie sheets and will be stamped "As-Built."
TKE will prepare electronic as-built drawings in
accordance with City standards from the Contractors
redlined field changes after construction is
completed. TKE will submit record drawings in electronic format according to the City's standards.
TASI< NO. 12
CONSTRUCTION
MANAGEMENT
INSPECTION
A N D
Consultation: TKE shall furnish consultation and advice to City staff. Consultation shall include, but is not limited to, responding to requests for information, requests for
clarification, and change orders, consulting with the City as needed.
General: TKE shall review the Contractor's schedule and their adherence to the schedule. TKE shall advise City of problems and provide suggestions for correcting
problems. Contractor shall monitor corrective actions.
Pay Request: TKE shall review the Contractor pay requests and reconcile the work done with the pay request. TKE
shall work with the Contractor on required corrections to the pay request. TKE shall ensure the pay requests are in the format required by City.
~ _Re.q .. u.e.st_f_o_r P.r.o .. p.os.a.l .. I .w.a.te.r.T.re.a.tm_en.t.P.1a.n.t.c.h.em_ic.al.T.a.n.k .Re .. p.1a.c.e.m.e.n.t -------• I~ City of Poway
16 of 21
September 16, 2025, Item #6
~ r ~ • ~: '; :~~ 1• \; : ,'•\ : I: ; ,I• ~ ' ; : • ,-: ' • .-: ' • -•: j \ -:' • ' .. -: ; I•' ', : \ • ' ' 1 ) I•,, I : • • " • ' • •, •, : ' I > ' •• , : • •~ •~ ;' : •' , : ' ' ' 1 ' , ~ : • J • •• • : \' • • • I • • l ' l • I ' • •I ' I SECTION 6 I SCOPE OF SERVICES
► TKE shall provide inspection as needed to
observe, document, and determine the
acceptability of the construction work in
coordination with City staff.
► Submittal Adherence: Document that accepted
shop drawings and procedural submittals are on
file with all parties prior to commencement of the
work. Assure the work is being done in
accordance with these submittals.
► Specification/Plan Adherence: Compare the work
to the contract documents to ensure compliance.
Document and resolve any deviances. Receive
and verify material certifications.
► Daily Reports: TKE shall prepare daily
construction reports and review the Contractor's
daily reports. As a minimum, TKE shall document
labor, materials, and equipment used; weather,
problems, visitors, change work, questions,
directions given, and disputed work.
► Communication Logs: Maintain logs of verbal,
text, email, and telephone conversations.
► Photos: TKE shall periodically photograph the
work and shall photograph any changed
conditions, disputed work, and extra work. TKE
shall identify each photo with a description and
date. A minimum of eight (8) photos shall be
documented for each day of field activities.
► Safety: TKE will not be responsible for Contractor
safety; however, TKE shall report unsafe work
observed and communicate unsafe conditions
observed to the Contractor and City. TKE shall
maintain safe working conditions for TKE's
personnel.
► Testing: TKE shall coordinate, observe, document,
and ensure the compliance with all contractual
testing requirements. TKE shall ensure testing is
complete, in accordance with the Contract
documents, and in accordance with trade
practices.
► Punch Lists: TKE shall develop and maintain
construction punch lists and coordinate the
completion and correction of the punch list items
with the Contractor.
lKE'" _ _Re.q.,u.e1111st111f.,o.r.P.ro_,p.,01111s1111al111I.W....,at1111e111r.T.re.a.tm_e_nt.P.l.an.t.c.h.e.m.i.ca.1.r.an.k.R.e,.p.1a.c.e.m.e.n.t _______ _ City of Poway
17 of 21
September 16, 2025, Item #6
....
00 0 ....
N ....
SECTION 5 HOURLY RATES
City of Pona) '
J(,"(111 1•,1 for l'roj'tl,.tl for ln~hn·Hio~ S..nlt o ;;11111 l>~ i~:n Jor ll1r \\'nh·t Tn,urnun Pfar11 Chuuk 11I "f;u 1k
C•Jlll ttllin~ l:'1ti;i,1,•rriug Ft>r Un:••"'•lo~tft
1'111,,; ,r,il in ( tu r!.,;:; 1'11~..:~1 •,IJ.n ~t-=1 l'r.~t.:l l· nt,ii;..,_-.· ,\ 1•1•UJII l ''njxi ;\{ a rw j!.t l ,'
,,-. .,.~1J.1c h1rj1-.:o
r,)•I.N11 T11,t HtM/• ~ H•11l/ i H,,uf· S H,,u,, 5,
l l"t,1J,;.-1 '.\b rug:m.·:i :
: f<"'" r\l• i<.-•i:-111 1'11
,; l1,::-1ilr, Sun ... ·.,tt1e'
.:. Oo:,,.:-.:lmi1•:1l S.:1·.1.i:-..1i\n1 tfr, 1n.1r, ... 1·, ~ ll!,•<'l°1'f~"11u-.110t: P1 .iv,, u ,~
(, rr ,·hnrir .. 1f".' D.:•1r11 T,:.:l:ni;:..:.l .\1.:wa_ .. r.r:·t.1111:1 ~ :Hr'. , l>.~it:n
!'! •;c,·; l).-.i;;i,
\1 W \11., l) i:!!);;1,m:'l.!r --t•
1<1 rh !.'.,h r:1:,·n"-t,,ifl,'('
I(,
~ uhlr>fuil: ,1.;
OJ'TIO.'\AJ . UIDlll'.l'\I S
I I /\ t,.. i,;1,n·<L· ll11;ir ~ f '••rt'-Jf! h t1•·11 1 M;ifn:
I ~ {\ u,:flr,t ll •~ MJlll~•:rr,:rr. lrq-. ,1."h
l'rnjc,·1 \ l.1~:,.,_~:
r·w,-.:.:1 !-.l.1:-u2::
i'1,11.:~ I l: lll:Jll•\.'1
l\,•H l,U'.( P\I ·.\•-·~- h•I!,
,-\ t1I.,1l"AL1 ·1.,\.+.:m:u n
t 'k 11,.;:1i
l -:-.lar . ."il:\~ · t ·r.:-.\
~~ II L'f Cum tr.1 .. ~w: 1 l 11> t-•;..-1o1
:,. 1:--t~ :11 R
:,.. 1;5 .- mt
::. 1n5 -IIR
~ I ~~ -'IH{
~ l.i~ -' HR
s ·~5 ,Im
:,.. 1&.1 :ur.
~ U 5 -IIR
~.'-Jf,!J (,()
JJ 1,
.1 ·,•11
-:-..;r, l t,
1,,Uf/ _!:.:
1.1 11 • It>
i-40 :,.
,.,.., :,. ~
-----·
11. 1 ◄ 1• 144
7..11, t ~
\71, l{,
r' otn :
tu.sou
-:-rn ,
7110
"7J :t)
.1:-
! ;~ ]fJ -1{1
J ,?111 • , ✓,,
:!.XUl• ,J{I
1 •• ~110 1(1
1.-MI' ' I:'
:s..:nr, :!.,..,
;', lf!II 2J
: .. •me• 2J
7.9 ~0
I 1;:1J
1.:ti11
1,.(,UI)
" 12
I(,
'>.•)fJ IJ >.(I
6.{ ~10 ,JO
! .(,.Ii, !D
l.'ll'l h
311.:110 :!J2
1.' flhl l .rn
i ,<;i;,11 24
I } Y. cinlht:1-..i·..,i._ .... 1r.:111d! C1"!-I f,T rrm1 ... c,~..,,. \ h k..Jpt', l•1c .! ' Sd .~l~H:ll::rl. f t."-'"$ fu: Stm~crn l
-rui::' Request for Proposal I Water Treatment Plant Chemical Tank Replacement ·~ City of Poway
J .7.!(I
1.llf-~ I
:! . ..:i~u
-1.9r,(1
1.1 -ltAJ
r ...Zt.o.l
J. lf-0
,.:-.... ,
.>:S.91:/J
1,}f.• I
.J.7lu
,\ u:,)('Ar> lc;·h nj.,'..JJI
Hum ~
!..:i
" lflf)
~u
""
J .J~
1)
~t)
S lli
:'o,:!40
~. 110
.! U (lf1
( (l,b( II)
~.-HIO
~ )
-1.ft.'l'II)
~. l;' i1
H .-1,1N
' I ~
"
,.,
,~1cr.,.1I
l'><t
,,,.a
;so
\'.( I
7(/J
U,IO
l.1 -IO
]{.'.I
_;~,
~.uo
: 1.(1
S(ni c, lr~~f'<-..:<lf
flt•,11"1 J
;,1.., no i .IJ,?f,:1
S.ow y C1:::\'.
ll1•c1..,
::.<1;-0
Sut- C,'C?-11:l~r.K :
H 1(1i1
:!IU.11.11"•
7.V:lf, S
, .,.-.11
25 .2WJ
~ .•J:,011
}. 700
;i .J! )tJ
10.!H,
,..;;--_-;:-11
!,f../ •~O
2 Ul.l1J
~-,,,.
:!JISl_i ~ j"(l.f}!II• ) :!J f. 170
k 11ml"111r"'h !M ((i,. l":~) L1: ~ 1•<JH
·ro1.1,1t; s :, ;,:,_ ;-:, l
><o•ttdNI ru1:a1: ) !Jll.71 IO
.. ,0::1,, n o,:o
:>.(~)IJ S 511.'i lO
lk ,i~n ·r11t:.l l1 .10plitt111I C"tn-t: S .JZl..:'>M
TKE Engincerin~. Jae.
~
,;
()
::r: s: m z
~
N
September 16, 2025, Item #6
Cal Gov Code § 7522.56
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act o/2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
19 of 21
(l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 3 September 16, 2025, Item #6
Cal Gov Code § 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
20 of 21
(l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
4 September 16, 2025, Item #6
Cal Gov Code § 7522.56
( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System 11 who is assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
Note-
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4 ); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
5 21 of 21