HomeMy WebLinkAbout1978-06-14 Min - Board �g
POSSIBLE AMENDMENT OF LOAN RESOLUTION 78-23
It was noted by the President that a clerical error had been
made in the typing of Loan Resolution 78-23, FmHA Form 442-47. The
principal amount should have been $251 ,800 rather than _ $61 ,000. The
Executive Secretary will be requested to correct such error.
ADJOURNMENT
There being no further business before the Board, Director
Kuttel moved and Director Huber seconded, to ajourn the meeting.
ALL AYE BY VOICE VOTE. SO MOVED.
The President adjourned the meeting at 10:40 p.m.
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TRUCKEE DONNER PUBLIC UTILITY DISTRICT
BY: o- F�
Jafos A. Maass , President
i Approved: June 5, 1978
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i Signed:
Susan M. Craig
Executive Secretary
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5/25/78
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TRUCKEE DONNER PUBLIC UTILITY DISTRICT
SPECIAL MEETING
of the
BOARD OF DIRECTORS
WEDNESDAY
JUNE 14, 1978
7:30 P.M.
REVISED AGENDA
1 . Call to order
2. Roll call
3. Discussion of procedural matters relating to pipeline construction
for Dart Resort projects; possible direction
^ 4. Executive Session respecting legal and personnel matters
5. Return to Public Session; possible action resulting from
Executive Session
6. Adjournment
CERTIFICATION
I hereby certify that the foregoing Agenda has been posted in
the District Office, United States Post Office, Government Center, and
Nevada County Library, Truckee Branch, and mailed to the Directors and
other interested parties on Thursday, June 8, 1978.
'�nSusan M. Craig, Executive ecretary
�9
ORDINANCE NO. 78 05
OF
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
AMENDING ORDINANCE NO. 7705
WHEREAS , on October 17 , 1977, Ordinance No. 7705 was
enacted Authorizing the Execution of a Loan Agreement and Pro-
viding for the Issuance and Sale of Emergency Drought Relief
Promissory Notes to the United States of America Acting through
the Farmers Home Administration; and
WHEREAS , it has become necessary to increase the amount
of said loan in order to complete the entire project.
BE IT ENACTED by the Board of Directors of the Truckee-
Donner Public Utility District as follows :
1 . That the terms and conditions of said Ordinance
No. 7705 be and the same hereby are amended by modifying
the terms and conditions of Resolution No. 7747 , a
Resolution Providing for the Issuance of Emergency
Drought Relief Promissory Notes of 1977 , etc. , to
reflect the said modified terms and conditions set
"~ forth in Resolution 78 a Resolution Amending
Resolution 7747 , and said Resolution as hereby modified
is incorporated herein by reference;
2 . That the adoption of the loan agreement in
the amount of $251, 800 . 00 be and the same is hereby
ratified and confirmed, and the grant in the amount
of $47, 600 . 00 is further ratified and confirmed;
3. The President and Secretary be and they are
hereby authorized and directed to execute all documents
required hereunder;
4 . The Clerk of the District shall immediately
cause a copy of this Ordinance to be published once in
the local newspaper and copies posted in at least
three (3) public places within the District.
PASSED AND ADOPTED by the Board of Directors of the
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT at a special meeting
thereof duly called and held in the District on the 25th day
of May, 1978 , by the following roll call vote:
AYES: Huber , Kuttel
�II Sutton , Maass
j I
NOES: None ,
ABSENT: None ,
TRUCKEE-DONNER PUBLIC UTILITY
DISTRICT
By
ES A. MA.ASS, President
A EST.,
A. MILTON SEYMO R,
Clerk Thereof/
.5/
CERTIFICATE OF POSTING
ORDINANCE NO. 7805
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
r-- AMENDING ORDINANCE NO. 7705
STATE OF CALIFORNIA )
COUNTY OF NEVADA )
The undersigned, Susan M. Craig, under penalty of perjury, certifies
as follows:
That for and on behalf of the Secretary of the Truckee Donner
Public Utility District, I caused copies of Ordinance No. 7805, an Ordinance
amending Ordinance No. 7705, adopted by the Board of Directors of said District
on May 25, 1978, to be posted within thirty (30) days following adoption in
four public places within said District, to wit:
1 . Truckee Donner Public Utility District
2. Nevada County Government Center
3. Nevada County Library, Truckee Branch
4. United States Postal Service Office
Said posting was completed on the j�-b day of June, 1978.
Executed on the /— z day of June, 1978.
f:
Susan M. Craig
.J
RESOLUTION NO. 7824
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
APPROVING SPECIFICATIONS
AND
CALLING FOR BIDS ON UTILITY POLES
WHEREAS, the Board of Directors of the Truckee Donner Public
Utility District has determined the need to purchase 75 utility poles;
NOW THEREFORE, BE IT RESOLVED that the Board of Directors of
the Truckee Donner Public Utility District does hereby approve specifi-
cations described in Exhibit "A" attached hereto and made a part hereof;
BE IT FURTHER RESOLVED that the President of the Board of
Directors of the Truckee Donner Public Utility District is hereby
directed to issue a call for bids based on the specifications as de-
scribed in Exhibit "A'," and that the date and time established for
the bid opening is Monday June 12th, 1978 at
2:00 P.M.
PASSED AND ADOPTED by the Board of Directors of the Truckee-
Donner Public Utility District at a special meeting thereof duly called
and held in the District on the 25th day of May, 1978 by
the following roll call vote:
AYES: Huber, Kuttel , Sutton, Maass
NOES: None
ABSENT: None
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By ,&(
Ja A. Maass, President
ATTEST: / k'
A. Milton Seymour
Clerk Thereof
REA Specification DT-5C:PE-9
for Wood Poles, Stubs, and Anchor Logs and
Preservative Treatment of These Materials
I. Scope: This specification describes the minimum acceptable
quality of wood poles, stubs and anchor logs (hereinafter called
poles, except where specifically referred to as.stubs) purchased
by or for REA'borrowers and the alternate plans of procurement
under which they may be purchased. Where there is conflict
between this specification and any, other specification referred
to herein, this specification shall govern. This' specification
contains extracts of nationally accepted standards but is
designed to be complete in itself in all respects except those
pertaining to Section VII, Preservatives.
II. General Stipulations:
A. Producers of products covered by this specification who
desire to have their products available to REA borrowers
shall first apply for and be accepted for listing of their
products. This listing is maintained for use by REA bor-
rowers in the 'purchaee of treated forest products.
B. It is the primary responsibility of the producer to furnish
material in accordance with this specification. This respon-
sibility remains notwithstanding any certificate (report) of
inspection which may have been issued by an inspection
agency or others. Acceptance of an order for material under
this specification is evidence also of the producer's
acceptance of this responsibility.
C. Poles shall be warranted to conform to this specification.
If any pole shall be found nonconforming under this speci-
fication, in any detail except preservative retention,
within one year from date of shipment, it shall be replaced
as promptly as possible by the producer. (Preservative
retention, see Table 10, shall meet specifications as a
minimum at time of shipment. A reduction in preservative
retention of not more than 10 percent will be acceptable
within 30 days from date of delivery.)
D, Poles nonconforming for any provision covered by this
specification shall not be shipped to an REA borrower.
Shipment of such material shall be considered sufficient
cause for removal of the producer's product from REA
Bulletin 43-5, "List of Materials Acceptable for Use on
Systems of REA Electrification Borrowers."
E. Requests by the REA borrower for deviation from the require- ,
ment of this specification must be referred to the Rural
Electrification Administration, Washington, D.C. ' 20250.
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Specification DT-5C:PE-9
Page 2
In any case, added requirements or limitations shall not
be less than the requirements of this specification and
specifically covered in the material contract or order.
F. Two plans are available for supplying poles under this
specification:
1.. Insured Warranted Poles: Under this plan, the supplier
furnishes poles and stubs meeting this specification
and furnishes a warranty containing as a minimum the
provisions of the sample warranty included with
Bulletin 44-2:345-1. The warranty shall be issued by
an insurance company under terms and conditions accept- ,
able to REA. The insurance company shall submit their
plan for assuring quality control to REA for specific
approval prior to issuance of these warranties.
2. Independently Inspected Poles: Under this plan, all
poles supplied for use on an REA-financed system shall
be inspected: The inspection shall be made by a qualified
inspector in accordance with REA Bulletin 44-4 (Electric):
345-9 (Telephone), "Quality Control and Inspection of
Timber Products."
a. Selection of Inspection ncy: The inspection
agency shall be selected from the REA List of
Authorized Independent Inspection Agencies, REA
Bulletin 44-5 (Electric):345-2 (Telephone).
The purchaser, i.e. , borrower or its contractor is
encouraged to contract directly with the agency for
the inspection service. The selected agency shall
not subcontract the service to any other agency with-
out prior written consent by the purchaser:
The producer should not be a party to the selection
of the agency by the purchaser, nor interfere with
the work of the inspector. When circumstances
warrant, he may deal directly with the agency and
with the purchasery
b. Verification of Inspection Reports: All inspection
reports shall be reviewed by an authorized repre-
sentative of the manufacturer. This shall be
indicated by his signature on all reports.
G. With the exception of Reserve Treated Stock, all invoices for
treated timber products shall be accompanied.by a copy of the
producers' Certificate of Compliance and either. a copy of the
Independent Inspection Report or the Insured Warranty Certifi-
cate. For Reserve Treated Stock, inspection reports shall be
available from the inspection agencies.
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Specification CDT-5C:PE-9
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JW III. Quality Control:
y P p Producing A. The quality control procedure of all lams p goles P
I under either of the two plans described in paragraph II.F
and in greater detail in REA Bulletin 44-4 shall contain at
least the following elements:
1. quality control shall be the responsibility of a competent
individual designated for that specific purpose, together
with such staff as may be required. The quality control
personnel must be qualified to make necessary inspections
and perform chemical analyses and assays required by this
specification.
2. An inspection agency performing quality control for a
producer shall not also act as the independent inspector
of the same producer's poles produced for REA borrowers.
3. Records, as described in this specification and in REA
Bulletin 4 4-4 (Electric):345-9 (Telephone), shall be
maintained.
4. Poles not meeting specifications at any stage are to be
withdrawn from production and not offered for independent
inspection under the Independently Inspected Pole Plan,
nor considered for shipment under the Insured Warranted
I Pole Plan until defects have been corrected. Poles not
meeting the requirements for penetration or retention of
preservative may be retreated once only providing
i steaming times and temperatures are not exceeded. The
identification brand shall be promptly removed from all
material found to be nonconforming after branding, subject
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to the foregoing provision for retreatment.
B. The producer shall provide its quality control designate and
the independent agency inspector under the Independently
Inspected Pole Plan with full information (drawings, etc.)
relating to requirements contained in a contract or order
1 which are supplementary to or replace any of the requirements
{' of the specification cited in the contract or order.
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�i C. The producer shall maintain or have access to adequate la ora-
tory facilities at or adjacent to the treating plant. All
` chemical tests or analyses associated with the treatment shall
be performed in this laboratory.
D. Plants shall maintain acceptable quality control as evidenced
by the quality of the material offered for independent
inspection, or covered by an insured warranty. Failure to
do so will be considered to have given sufficient cause
for removal of their products from the REA List of Materials
Acceptable for Use on Systems of PEA Electrification Borrowers,
REA Bulletin 43-5 - Telephone Borrowers, REA Bulletin 344 2.
Specification DT-5C:PE-9
Page 4
IV. Reserve Treated Stock: Reserve Treated Stock shall be subject
to the following conditions:
A. Poles produced for Reserve Treated Stock may be either
# insured warranted poles or independently inspected poles.
B. For independently inspected poles, the inspection agency
shall be selected by the producer from the REA list of
inspection agencies. Notice of choice of the inspection
agency shall be furnished to the Rural Electrification
Administration, Washington, D.C. 20250, and any change in
inspection agency shall be promptly reported with complete
details of the circumstances involved.
C. Producers of poles under either plan must notify REA in
advance of their intention to treat material for Reserve
Treated Stock. They shall inform REA of the location(s)
of all storage or distribution yards where Reserve Treated
Stock is maintained.
D. No material treated with creosote or penta shall be shipped
for use on an REA borrower's system later than one year
following the treatment date branded on the material unless
it complies as follows:
1. The material shall be reassayed by the producer. If '
conforming for preservative retention, as shown in
Table 10, it may be shipped. Reassayed poles shall be
identified on the butt with a metal tag showing reassayed
date. Such poles shall be -acceptable for shipment for
one year from the date of reassay. J
2. If below specification requirements for preservative
retention at the time of shipment, the brand shall be
removed and$ the material reinspected, retreated and
rebranded in accordance with paragraph VIII.E.
E. Salt treated poles need not be reassayed before shipment.
V. Definitions:
A. "Inspection" means an examination of each piece of material
in sufficient detail to ensure conformity to all phases of
the specification under which it was purchased. Inspection
prior to treatment shall be made after the products are
manufactured and ready ,for treatment. Inspection during
treatment is described in Bulletin 44-4:345-9, Section V,
paragraph B.
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B. "Independent Inspection" relates to examination of a "lot"
of material by an inspector employed by a commercial agency.
Specification DT-SC:PE-9
Page 5
C. "Certificate of Compliance" shall consist of a statement over
the signature of an authorized employee of the producer that
the material shipped meets the requirements of this specifi-
cation and any supplementary requirements cited in a contract
or order under which it was purchased.
D. "Reserve Treated Stock" censists of timber products treated
in accordance with this specification, prior to and in antici--
pation of the receipt of specific orders, ' and held in storage
ready for immediate shipment.
E. The terms- "supplier," "treating plant," and "producer" are
fused in a manner to be most descriptive of the action and
responsibility involved in that part of the specification
where the term is used.
V Requirements: All oles shall conform to material require-
ments I. Materialp a
shown in Appendix A, which are primarily extracted from ANSI
05.1-1972. Requirements which were not extracted from ANSI 05.1-
�. 1972, or ANSI requirements which have been altered, are indicated
by a symbol 110" in Appendix A.
VII. Preservatives: Preservatives shall be selected from one of the
following:
A. Creosote: Creosote shall be a distillate derived from tar
produced by the high temperature carbonization of bituminous
coal and conform to all requirements of AWPA Standard P1-71
when analyzed in accordance with the methods in AWPA Stand-
ard Al-74, Sections 2, 3, 4, either 5 or 9, and 6.
B. Pentachloro henol: Pentachlorophenol shall contain not less
than 95 percent chlorinated phenols and conform to AWPA
Standard P8-74 when analyzed in accordance with A5-75,
Sections 1, 2, 3 and 4. The hydrocarbon solvents for
introducing the preservative into the wood shall meet the
requirements of AWPA Standard P9-74 Type A ,or B determined
in accordance with referenced ASTM standards for physical
properties.
C. Water-Borne Preservatives (Salts):
1. Ammoniacal arsenates of copper (ACA) shall meet the
requirements of AVIPA Standard P5-74, Sections 2 and 8
when analyzed in accordance with methods in AWPA Stand-
ard A2-71, Sections 1, 2 and 6, or AWPA Standard A10-72.
2. Chromated copper arsenates (CCA) shall meet the require-
ments of one of the formulations given in AWPA Standard
P5-74, Sections 3, 4 or 5, and 8. Tests to establish
conformity shall be made in accordance with AWPA Stand-
ard A2-71, Sections 2, 5 and 6, or AWPA Standard A10-72.
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Specification DT-5C:PF,--9
- Page E
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the required of treating 3. Determinations of q p g solutions
of the water-borne salts shown in AWPA Standard P5,
Section 8 should be determined in accordance with AWPA
Standard A2-71, Section 9.
VIII. Preservative Treatment:
A. Conditioning Prior to Treatment:
1. Poles and stubs for which air-seasoning is required (see
Group A, Table 1, Appendix A) shall have been dried by
natural air circulation. They shall be checked to the
heartwood. The moisture content not to exceed 25 percent
by use of resistance type meter at a depth of 1-1/2" or
at the sapwood heartwood line, whichever is less.
2. Poles for which full air-seasoning is not required may be
partially conditioned by natural air-seasoning or by
approved forced-air circulation and further conditioned
by Boulton drying (Group B, .Table 1, Appendix A) or by
the steam-vacuum process (Group C, Table 1, Appendix A)
within the following limits:
a. Boulton Drying:
Temperature Duration
deg. F. hours
(maximum)
Green or partially seasoned
Douglas fir (coast) 220 optional*
Western Larch 220 optional*
*The duration of the Boulton drying must reduce the
moisture content in the poles sufficiently to minimize
subsequent season-checking through the treated sapwood.
b. Steam-Vacuum Process:
Steam-(limits) Temperature Max.
deg. F. Hours
Total Time
Southern Pine 245 Max. 17(1) - 20(2)
1 Pole classes nominally. less than 37.5 inches
circumference at six feet from butt.
(2) Pole classes nominally 37.5 inches or larger Q
at six feet from butt.
Specification DT-5C:PE-9
Page 7
B. Treatment (Pressure Process):
4 ' Maximum Limits
u
Preservative Impregnation
Temperature Pressure
Deg. F lbs.jsq. in.
(Creo. & Penta)
Western Red Cedar 200 100
Alaska Yellow Cedar 210 150
Jack & Red Pine 210 150
Lodgepole Pine 210 150
Douglas Fir & Western Larch 210 150
Southern Pine 210 200
Ponderosa (Western) Pine 210 200
All Species
ACA 150 Same as
CCA 120 above
All poles treated with water borne salts shall be by full cell
process described in AWPA Standards C1-75 and C4-75 except as
modified by the provisions,of ANSI 05.1-1972.
C. Treatment (Thermal Process) , Full-Length Treatment - Western
Larch, Western Red Cedar, Alaska Yellow Cedar, Lodgepole Pine,
Northern White Cedar:
1. All poles treated by this process shall have been air-
seasoned prior to treatment.
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2. The temperature of the preservative during the hot-oil
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phase shall not exceed 2350F.
D. Results of Treatment:
4 1. Penetration and retention of preservative shall be tested
on borings taken at- any point on the periphery approximately:
a. Six inches to twelve inches above nominal groundli.ne of
Western Red Cedar, Northern White Cedar, and Western
Larch poles.
b. One foot above or below the brand on all other species
of poles.
2. Retention of preservative shall be not less than specified
in Table 10, as determined by:
a. Toluene extraction for creosote.
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b. Lime fusion test or copper pyridine test for penta- .
chlorophenol when the preservative is a penta-petroleum
solution.
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Specification DT-5C:PE-9
Page 8
ts.
. c. Copper pyridine test for pentachlorophenol when
poles treated with penta-petroleum solution are
known to have been stored or rafted in sea water,
and for all species native to the Pacific Coast
region.
d. Tests in accordance with the recognized standard
methods for chromium, copper, and arsenic ions
listed in AWPA Standards A2-71, A 10-72, A 11-74
and A7-75. The components of the salt preservatives
shall be calculated as As2051 Cu0 and Cr03. Analy-
sis by AWPA Standard A9-70 are satisfactory only for
plant control.
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3. Penetration sampling of poles shall be as follows:
S
a. Category A - Poles with a circumference of less than
37.5 inches at six feet from butt.
(1) Bore 20 percent of poles or 20 poles, whichever
is greater; accept if 100 percent conform,
otherwise bore all poles.
(2) Retreat the charge if more than 15 percent of
the borings are found to be nonconforming.
(3) Retreat all nonconforming poles if 15 percent
or less fail the requirements.
b. Category B - Poles with circumference of. 37.5 inches
or more at six feet from the butt.
(1) Fifty feet and shorter; bore each pole and
retreat only those found to be nonconforming
unless more than 15 percent fail in which case
retreat the entire lot.
(2) Fifty-five feet and longer, bore each pole
twice at 900 apart approximately in the same
plane around the pole and accept only those
poles conforming to the penetration requirement
in both borings.
4. The depth of penetration shall be measured along a
boring from the outer end toward the inner end for a
distance throughout which there is continuous preserva-
tive penetration as indicated by evidence of
preservative in each annual ring included.
E. Retreatment: Poles may be retreated once.
h
1. Creosote and Penta-Petroleum - Limits of steam for
initial and retreatment shall not exceed those found in
paragraph VIII.A.2.
On
Spocification DT-5C:PE-9
Page 9
Retreatment of Reserve Treated Stock poles shall be by
' submersion in hot preservative (creosote or pentachlo-
eti rophenol-petroleum solution)' for not less than 10
minutes under 25 pounds pressure, or not less .than 30
minutes at atmospheric pressure.
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—2. Salts - Poles which require retreatment shall be air
dried sufficiently to accept the retreatment. Retreat
ment shall be within original treatment limitations.
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3. LPG - Poles may be retreated with LPG-penta preservative
within original treatment limitations.
Retreated poles shall conform fully to all the requirements
of this specification.
Retreated poles shall have a letter "R" placed in the butt
` following the charge number to indicate that the pole or
.J poles have been retreated.
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IX. Drawings: The attached drawings show in detail the framing
gains and bolt holes) for poles ordered under this specification.
j Poles should be ordered by Drawing Number, and should include any
desired detail not shown on these drawings.
Drawings 801, M-20, TM-4A, TM-5, TM-5A, TM-4
X. Related Specifications: The following listed specifications may
be considered as pertinent to this specification subject to the
restriction in the paragraph under "Scope."
ANSI 05.1-1972, American National Standards Institute
Specifications and Dimensions for Wood Poles
May be purchased from: American National Standards
Institute, Inc.
1430 Broadway
a
New York, New York 10008
AWPA C1-75 Standard for Preservative Treatment by
Pressure Processes - All timber products
AWPA C4-75 Standard for the Preservative Treatment of
Poles by Pressure Processes
AWPA C8-73 Standard for the Full-Length Thermal Process
Treatment of Western Red Cedar Poles
AWPA C10-73 Lodgepole Pine Poles - Preservative Treatment
x by Full-Length Thermal Process
k AWPA M1-70 Standard for the Purchase and Preservation
of Forest Products
4.
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Specification DT-5C:PF-9
Page 10
AWPA M2-75 Standard Instructions for the Inspection of
fi
Preservative Treatment of Wood
. AWPA M4-74 Standard Instructions for the Care of Preserv-
ative-Treated Wood Products
.-,,,AWPA Al-74 Standard Methods for Analysis of Creosote and
Oil-Type Preservatives
AWPA A2-71 Standard Methods for Analysis of Water-Borne
Preservatives and Fire Retardant Formula-
tions
AWPA A5-75 Standard Methods for Analysis of Oil-Borne
Preservatives
AWPA A6-74 Method for the Determination of Water and Oil-
Type Preservatives in Wood
AWPA A7-75 Wet Ashing Procedure for Preparing Wood for
Chemical Analysis
AWPA A10-72 Atialvsis of CCA Treating Solutions and CCA
Treated Wood by Colorimetry
AWPA All-74 Analysis of Treated Wood and Treating Solutions
by Atomic Absorption Spectroscopy
May be purchased from: American Wood Preservers' Y�
Association (AWPA)
1625 Eye Street, N.W.
Washington, D.C. 20006
G'
EXHIBIT "A"
SPECIFICATIONS
UTILITY POLES
60 each 45 foot poles - Class 3
Treatment type - cellon
Tree type - Douglas Fir or equivalent
15 each 35 foot poles - Class 5
Treatment type - cellon
Tree type - Douglas Fir or equivalent
• Prices quoted are to be F.O.B. Truckee - truck delivered
The District will handle the unloading of the truck
Poles must meet R.E.A. specifications which are attached
a •
EXHIBIT "A"
PLM: im 5/23/78 S19
RESOLUTION NO. 78-25
A RESOLUTION AMENDING RESOLUTION NO. 77-47
PROVIDING FOR THE ISSUANCE AND SALE OF EMERGENCY
DROUGHT RELIEF PROMISSORY NOTE OF 1977
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
RESOLVED, by the Board of Directors of the Truckee-Donner
Public Utility District , Nevada County, California, as follows :
WHEREAS , this agency has heretofore adopted, on October 17 ,
1977 , its Resolution No. 77-47 entitled "A Resolution Providing
for the Issuance and Sale of Emergency Drought Relief Promissory
Note of 1977 ; Prescribing the Amount, Date, Form and Maturities
Thereof; Fixing the Rate of Interest There-on; and Providing for
a Pledge of Revenues to Pay the Principal Thereof and Interest
Thereon" , and
WHEREAS , it now appears that certain modifications must be
made to said Resolution No. 77-47 .
NOW, THEREFORE, IT IS RESOLVED, DETERMINED AND ORDERED as
follows :
1. Section 4 of the Resolution cited herein is amended as
follows :
"The Note shall be $251, 800 in aggregate principal amount ,
shall be dated as of the date of its delivery to the Govern-
ment , shall be known as "Emergency Drought Relief Promissory
Note of 1977" ("the Note") , and shall be paid in not to
exceed 39 annual equal amortized installments of principal
and interest commencing on the anniversary of its date in
1980, and on said date in each year thereafter until paid. "
2. Section 6 of said Resolution is amended to read as
follows :
"The Notes shall bear interest until paid at the rate of
five percent (5%) per annum, the first year ' s interest to
be payable on the first anniversary of their date in 1979
and thereafter annually on said date in each year to the
date of final maturity, together with such principal amount
as is required under Section 5 hereof. "
3 . Exhibit "I" of said Resolution is hereby amended to
read as set forth on Exhibit "I" hereto attached.
PASSED AND ADOPTED by the Board of Directors of the Truckee
Donner Public Utility District at a Special Meeting thereof duly called
and held in the District on the 25th day of May, 1978, by the following
roll ca-1 vote:
AYES: Huber, Kuttel , Sutton, Maass
NOES: None
r ABSENT: None
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
mes A. Maass, President
ATTEST:
�1
A. Milton Seymour, Cler Thereof
PLM: im 5/22/78
EXHIBIT "I"
FORM OF FULLY REGISTERED NOTE
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
COUNTY OF NEVADA
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
EMERGENCY DROUGHT RELIEF
PROMISSORY NOTE OF 1977
NO. R-1977-1 $251 , 800
The Truckee-Donner Public UtilityDistrict , in the County
y
of Nevada, State of California, a public utility district organized
and existing under the Constitution and laws of the State of
California, for value received hereby obligates itself to pay
to the United States of America, Farmers Home Administration,
or registered assigns (subject to prior redemption) , from the
Emergency Drought Relief Promissory Notes of 1977 Note Fund, the
aggregate principal amount of TWO HUNDRED FIFTY-ONE THOUSAND
EIGHT HUNDRED DOLLARS ($251 ,800) , together with interest thereon
from date at the rate of
FIVE PERCENT (5%)
per annum, payable on the anniversary of the date hereof, commencing
in 1979 . Thereafter the principal amount shall be payable in not
to exceed 39 annual equal amortized installments of principal and
interest in the amount of dollars
($ ) , commencing on the anniversary of the date hereof in
1980, and thereafter on said date in each year until maturity.
If, on presentation on any payment date , payment of the installment
or installments of principal and interest hereof is not made in
full , the installment shall continue to bear interest at the rate
stated herein until paid in full.
The aggregate principal amount of the Notes shall not exceed
the aggregate payments by the Government for the Notes , as said
payments and the dates thereof are endorsed hereon by the Treasurer,
and a principal amount of said Notes of the longest maturity
equivalent to the difference between such aggregate principal amount
and such aggregate payment shall be deemed unissued. Interest on
this fully registered Note shall be determined on the Government' s
aggregate of payments for the Note from the respective dates of
payment as endorsed hereon by the Treasurer. In such event the
Note shall be paid in not to exceed 39 annual equal amortized
installments , the last payment being adjusted to represent the
amount required to pay the last installment of principal and
interest.
This Note is issued in total principal amount of Two Hundred
Fifty-One Thousand Eight Hundred Dollars ($251, 800) and is issued
under and pursuant to the Constitution and Statutes of the State
of California, in particular the Revenue Bond Law of 1941 and
Article 9 thereof (commencing at Section 54610 of the Government
Code of the State of California) , Resolution No. 77-47 , a Resolu-
tion Providing for the Issuance and Sale of Emergency Drought
,- Relief Promissory Note of 1977 ; Prescribing the Amount , Date ,
Form, and Maturities Thereof; Fixing the Rate of Interest Thereon;
and Providing for a Pledge of Revenues to Pay the Principal
Thereof and Interest Thereon, as amended, and Ordinance No. 7705 ,
an Ordinance Authorizing the Execution of Loan Agreement and
Providing for the Issuance and Sale of Emergency Drought Relief
Promissory Notes of 1977 to the United States of America Acting
through the Farmers Home Administration, the "Government" , the
"Indenture" , and under and pursuant to the proceedings therefor
of said District duly had and taken.
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67
This Note is given as evidence of a loan to Truckee-Donner
Public Utility District made by the United States of America,
pursuant to the Consolidated Farm and Rural Development Act,
and shall be subject to the present regulations of the Farmers
Home Administration and to its future regulations not inconsistent
with the express provisions hereof or of the Indenture providing
for the issuance hereof.
It is hereby certified, recited, and declared that all acts ,
conditions , and things required by law to exist, happen, and to
be performed precedent to and in the issuance of this Note have
existed, happened, and been performed in due time, form, and
manner as required by law and that the amount of this Note,
together with all obligations of said District, does not exceed
any limit prescribed by the Constitution or Statutes of said State
and that the District is authorized by law to operate the Enter-
prise herein referred to, and the Legislative Body has established
and has covenanted to maintain rates and charges sufficient with
other Revenues received to pay the amount of principal and interest
as it shall become due.
IN WITNESS WHEREOF, the Truckee-Donner Public Utility District
has caused this Note to be executed under its official seal , signed
by its President and countersigned by its Clerk, and this note to
be dated the .�4A day of 1978.
`i
President, Truckee-Donner Public
Utility District
(SEAL)
COUNTERSIGNED:
Cle k, Truckee-Donner Public
Utility District
(iii)
�9
ENDORSEMENT OF PAYMENT
The United States of America, Farmers Home Administration,
has duly paid for the purchase hereof, on dates and in amounts ,
as follows :
Date of Payment Amount of Payment Signature of the Treasurer
TRANSFER
FOR VALUE RECEIVED, the undersigned hereby sells , assigns ,
and transfers unto
the within note and hereby irrevocably
constitutes and appoints
attorney to transfer said note
on the registry books kept for that purpose with full power of
substitution in the premises .
Dated:
WITNESS :
(iv)
/d3
SPECIAL MEETING
June 14, 1973
The Special Meeting of the Board of Directors of the Truckee
Donner Public Utility District was called to order in the District Office
by the President at 7:40 P.M.
ROLL CALL: Directors Huber, Kuttel , Sutton, and Maass were present.
CONSULTANTS PRESENT: District Engineer Cook and District Counsel Grumer
were present.
EMPLOYEES PRESENT: A. Milton Seymour and Susan Craig.
OTHERS PRESENT: Don Strand, James Thompson, and Doug Hatch.
DISCUSSION OF PROCEDURAL MATTERS RELATING TO PIPELINE CONSTRUCTION FOR DART
RESORT PROJECTS; POSSIBLE DIRECTION
James Thompson, attorney for Dart Resorts, presented a letter dated
June 14th setting forth construction and inspection procedures , the chain
of command, and contractual provisions which will be followed with Phase
construction work.
Various items contained in the letter, a copy of which has been
attached to these minutes, were discussed; the Board requested that the
last sentence of paragraph 4 be changed to read, "TDPUD's inspector shall
not give any orders or instructions to the contractor."
Mr. Thompson stated that he will prepare correspondence to the
District clarifying "inspector" as used in his letter regarding Sanders
Pipeline Construction.
Mr. Strand provided the original specifications, plans and contract
documents for Phase I which included a change order signed by District En-
gineer, Dan Cook. A copy of such change order has been made an attachment
to these minutes.
Director Sutton stated that she felt the Manager should check with
Squaw Valley County Water District on their recent experiences with T & S
Construction. None of the other Directors stating concurrence, no Board
direction was given.
For the record, Director Sutton stated she planned to vote no on
any approval needed from the Board regarding Phase I which is to be done
by T & S Construction because there are unresolved problems from the stand-
point of the workmanship performed by T & S as the subcontractor to Tiechert
in the building and construction of the water lines in the Tahoe Donner Sub-
division.
Procedures relating to advertising for bids were discussed; Mr. Cook
noted that the lowest, responsible bidder meeting the specifications is
selected. Prospective bidders may be on an approved bidders list, or may
become aware of the acceptance of bids through trade journals or other pub-
lications.
From personal experience, Mr. Cook noted, work requested by Cook
'^ Associates was performed to their satisfaction by T & S Construction. He
stated that their people were excellent mechanics, very skilled individuals
and he was completely satisfied - he could not state why the earlier work
was not done in that same fashion.
Mr. Cook noted that there are two conditions which must be met in
order to have a satisfactory completed product: 1) Plans, specifications
and bid documents protecting the District and calling for materials the
District wants to have in the ground, and 2) someone you trust and have
faith in that insists that the plans, specs , and bid documents which were
approved are followed.
6/14/78 Pg• I
Mr. Thompson, attorney for Dart Resorts, assured the Board that
the District would have complete cooperation relating to the construction
project; Dart' s interests are well-served by competent, qualified and avail-
able inspectors.
Director Sutton again stated she felt inquiry should be made of
Squaw Valley County Water District respecting their experiences with T & S
Construction Company. No -Board direction was given.
Mr. Seymour suggested that plans, contract specifications, proposed
corrections and change orders be provided to the Board for review. Mr. Strand
indicated he would make these documents available to the Board.
The President noted that direction relating to the Dart transmission
line construction would be an item on the June 19, 1978, agenda.
The President, before adjourning the meeting to Executive Session,
noted that Director Elect Doug Hatch was present; Counsel Grumer ruled that
Mr. Hatch' s presence at the Executive Session would not violate rules or
precedents. Director Huber, in view of Counsel 's recommendation, moved
that Mr. Hatch be privy to the Executive Session. The motion was seconded
by Director Sutton. ALL AYE BY VOICE VOTE. SO MOVED.
The meeting was adjourned to Executive Session at approximately
9:00 P.M.
The President reconvened the meeting to Public Session at 10: 17 P.M.
There being no further business before the Board, Director Kuttel
moved, and Director Huber seconded, that the meeting be adjourned. All
Directors being in favor, the meeting was adjourned at 10:20 P.M.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Ja es A. Maass, President
Approved July 17, 1978
Signed
JI
Susan M. Craig
Executive Secretary
6/14/78 pg• 2
MOjUMVtoer Directors
Manager/Clerk July 31, 1978
(
3 19M u Counsel
Secretary
TRU D0Wt' sub ori, TDPUD Director
By re: Draft Minutes of June 14, 1978
This Draft is not as inadequate as the number of corrections might appear to
indicate. This particular meeting may have been of exceptional importance, and
some of what transpired at the meeting could, at a later time, prove to be of
crucial importance to have more refined in the Minutes the Board approves. A
little more detail than would ordinarily be necessary may be in the District's
best interest. Therefore, I request the following changes:
Page 1 of Draft
DISCUSSION OF PROCEDURAL MATTERS, etc
second paragraph: the Minutes should note what words were deleted when
paragraph 4 was changed to read thus-and-so. Add at
end of paragraph so it reads:
". ..the Board requested that the last sentence of
Paragraph 4 be changed to read 'TDPUD's inspector shall
not give any orders or instructions to the contractor'
by striking out the words 'without Dart's approval. '"
third paragraph: the Draft does not indicate that Mr. Thompson's state-
ment was not a purely voluntary act on his part but
resulted from Board discussion. Add at the beginning
of this paragraph:
"After discussion regarding the possibility of changing
Paragraph 5 of the letter to say 'District Engineer'
instead of 'Inspector, ' Mr. Thompson stated that he will
prepare correspondence to the District clarifying
'inspector' as used in his letter regarding the Sanders
Site Well pipeline construction. "'
fifth paragraph: some misinterpretation of what was said, confirmed by the
r tape. Change to read:
"Director Sutton JXJXJ }� , � inquired whether the
Manager #jjj� had checked with Squaw Valley County Water
District as she had asked him to do # .regarding: their
recent experiences with T&S Construction. Mr. Seymour
answered that he had not. None of the other Directors
stated concurrence with Mrs. Sutton's opinion
that this should be done, and no Board direction was given."
MEMO from Sutton
July 31, 1978
re: Draft Minutes of June 14, 1978
page 2
Page 1 of Draft continued
seventh paragraph: a little more elaboration in the Minutes of who said
what will clarify some possible misimpressions about
this discussion. Revise:
"Several Directors indicated they believe that Dart
could obtain bids from a select group of contractorsp
°^ and procedures relating to advertising for bids were
discussed. Mr. Cook noted that in public agencies the
award is made to the lowest, responsible bidder
• ��( ��/ � �X ��(� s and that sometimes
prospective bidders may be on an approved bidders list.
# Mr. Strand indicated that Dart advertises for bids
and contractors ��/�� ���aw�e�of��te acceptance of
bids throe h publications.
Page 2 of Draft
Add new paragraph between second and third paragraphs on this page:
"There was discussion about Phase II of the pipeline
construction project, which is the proposed 'oint project
between Dart and Pacific Telephone involving installation
_
of a 16- inch water main from the end of Phase I along
Donner Pass Road to Northwoods Boulevard. Mr. Cook
indicated that this water main will parallel the District's
existing 10 inch line and will function as a transmission
line; he indicated that he does not anticipate any
connections off of it."
third paragraph: important recommendation by Manager at this point ir
meeting should show in Minutes. Add so paragrapheads:
"Mr. Seymour suggested that the plans, contra.cti specifica-
tions, proposed corrections and change orders be provided
to the Board for review, and that the Board should direct
him, by motion or resolution, either to sign the plans
or to not sign them. Mr. Strand indicated he would make
these documents available to the Board."
fifth paragraph: the addition regarding Mr. Grumer's recommendation isn't
quite consistent with the tape of what was said. That
addition should be:
"Counsel Grumer indicated that because of the topic of the
Executive Session,Mr. Hatch's presence would be worthwhile
from the standpoint of time that would otherwise be requires
within a'short `time'f or an indiirldual`exdlanation of the
situation,"
Res ectfull submitted,
PAT SUTTON
/61
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
POST OFFICE BOX 309
TRUCKEE, CALIFORNIA 95734
TELEPHONE 587-3896
AUDIENCE ATTENDANCE FOR THE ETING OF
PLEASE PRINT YOUR NAME:
2. AIL,
3.
4.
5.
6.
7.
8.
9.
10.
11 .
r- 12.
13.
14.
15.
16.
17.
18.
19.
20.
21 .
22.
23.
171
KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
S TANLEY W. KRONICK
A DOLPH MOSKOVITZ A PROFESSIONAL CORPORATION
EDWARD J. TIEDEMANN
ATTORNEYS AT LAW
FREDERICK G. GIRARD
LLOYD HINKELMAN
555 CAPITOL MALL,SUITE fiSS OF' COUNSEL
CLIFFORD W. SCHUL2
E. KE:NDELL DAMS
JAMES E.THOMPSON SACRAMENTO, CALIFORNIA 95814 LEONARD M. FRIEDMAN
ROBERT E. MURPHY
THOMAS W. ERES TELEPHONE (916) 444-8920
JAMES F. GEARY
STEPHEN A. KRONICK
JANET K. GOLDSMITH .
PAUL M. BARTKIEWICZ
BARBARA M.SAND
June 14 , 1978
Board of Directors
Truckee Donner Public Utility District
P. O. Box 309
Truckee, CA 95734
Re: Sanders Pipeline Construction, Phase I
Gentlemen:
I am writing to you to clarify the inspection pro-
cedures to be followed in the construction of phase one of the
pipeline facilities to be constructed to Sanders Well No. 1.
Under the supplemental agreement between Truckee
Donner Public Utility District and Dart Industries , Inc.
respecting Tahoe Donner development, .dated October 15, 1973 ,
it is clearly established that the 1970 Agreement shall remain
in full force and effect (see paragraph one) . The facilities
which are the subject of this letter are to be built by Dart
for the district under the 1973 Supplemental Agreement and the
1970 Agreement. Therefore, paragraph 6 of the 1970 Agreement
r^ controls the respective rights and obligations of both parties
to inspection of the construction work in progress. That
paragraph provides as follows :
1'6. Inspection of Construction. The
District shall inspect the construction
to assure itself that the works are in-
stalled in accordance with the approved
plans and specifications. The District
shall notify Lakeworld in writing as to
any deviation or failure to construct
pursuant to the approved plans and
' specifications as soon as such deviation
or failure is brought to the District' s
attention, and Lak.eworld shall correct
such deviation or failure. "
1"'
/7.7
Board of Directors
June 14 , 1978
Page -2-
Lakeworld's rights in the 1970 Agreement were sub-
sequently assigned to Dart.
The purpose of this letter is to clarify and make
specific the provisions of paragraph 6 of the 1970 Agreement
as these provisions relate to the construction work to be
performed as the first phase of extending the pipeline to
Sanders Well No. 1. It is felt to be desirable that the
district, the contractor, and Dart each have a clear under-
standing of the inspection procedures so that their respective
field representatives will have clear and appropriate in-
structions from which to operate.
The procedure to be followed concerning the control
and inspection of the work of the Phase I line extension
contract is as follows :
1. Dart will have a' full-time inspector, Mr. Henry
Bohlander, on the job at all times during the construction.
Subject to control by Dart management, Dart' s inspector is
authorized and directed to give all required orders or in-
structions to the contractor as the work progresses .
2. TDPUD will have a full-time inspector on the
job at all times during the work in progress. To insure
thorough, knowledgable and complete inspection of the work as
it progresses, TDPUD will appoint its consulting engineer,
Daniel J. Cook, as its inspector with full authority to delegate
actual inspection duties in the field to members of Cook's
staff.
,^ 3. TDPUD' s inspector shall have full , free and
complete access at all times to all of the work.
4 . If at any time during construction, TDPUD ' s
inspector finds (a) any deviation from the approved plans and
specifications or (b) any failure to construct in accordance
with the approved plans and specifications , he shall immedi-
ately notify Dart' s inspector of that deviation or failure to
construct pursuant to the approved plans and specifications.
TDPUD's inspector shall not give any orders or instructions to
the contractor, -however=r—w-sthout-==Dart's approval.
5. Upon receipt of such notification from TDPUD' s
inspector, Dart will issue appropriate instructions and orders
r
r Board of Directors
June 14 , 1978
Page -3
to the contractor to correct each and every such deviation or
failure.
6. Whenever there are to be pressure tests on any,
section of the pipeline, such tests will be performed before
surface restoration operations begin. If the facilities being
tested do not comply with the approved plans and specifica-
tions, Dart will issue appropriate instructions and orders to
enforce compliance and the facilities will be retested after
the required corrective work has been done.
7. Dart will not order any changes to be made in
the approved plans and specifications without the prior
approval of such changes by TDPUD' s engineer.
8. Upon completion of the works , they shall be
conveyed to TDPUD within the time limit specified in paragraph
8 of the 1970 Agreement, and accepted by TDPUD without delay.
Vl�ry truly yours,
(A
qAN1E S Ee. T HO=JSN
JET:of
CC. Mr. Sid Karsh
Mr. Don Strand
Marcus E. Powers, Esq.
Kurt W. Melchior, Esq.
T & S Construction Company
177
CONTRACT CHANGE ORDER
June 14 , 1978
Change Order No. 1
To: T & S Construction Company
Sacramento, CA
You are hereby requested to comply with the follow-
ing changes from the contract plans and specifications:
1. Delete the date "March 1978" from cover sheet
and substitute the date "May 1978. "
2. Add the following sentence to section C3. 03 ,
Special Provisions :
"The contractor shall comply with
all provisions of the Truckee Donner
Public Utility District encroachment
permit as a part of his contract obli-
gations . "
3. Add the following new sentence to page C5 ,
Special Provisions immediately proceeding the title "Article 18 : "
"Add the following to Article 17 and
label as Article 17. 5:
"No changes in the approved plans and
specifications shall be made without having
the prior written approval of the district' s
engineer; provided, however, the district' s
engineer shall not have the right to approve
or disapprove of charges or credit for work
covered by changes . "
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/71
4. Paragraph (1) of section D1. 02 shall be amended
to read as follows :
11 (1) It shall be the Contractor' s
responsibility to arrange for the
proper marking or designating of the
location of known utilities including
but not limited to water lines , sewer
lines, gas lines, electrical conduits ,
�^ transformers and telephone lines. When
direction is given on the plans to ex-
tend, relocate, lower, or otherwise
adjust public or private utilities and
the work is not specifically designated
on the plans as being performed by
others, it shall be the Contractor' s
responsibility to perform the work
using materials and methods which shall
provide a finished product equal to
or better than the utility as it originally
existed. The utility' s representative
will be the final judge as to the accept-
ability of the work. "
5. Add the following title at the top of Page D-3 :
"D1. 03 By-Pass"
6. On pages D-12 and D-13 , paragraph D2. 02 (2) (b) ,
delete each reference to Section D1. 02 (2) (d) and substitute
"Section 2. 02 (2) (d) . "
7. On page D-14 , paragraph D2. 02 (3) (b) delete the
reference to Section D1. 02 (2) (b) and substitute "Section D2. 02 (2) (b) "
and delete each reference to Section D1. 02 (3) (d) and substitute
"Section D2. 02 (3) (d) . "
8. On page D-27 , paragraph D3. 02, delete the first
sentence of the fourth paragraph and substitute the following:
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"Valves shall be designed for a maximum
working pressure of not less than 150 psi. "
9 . Add the following new provision to Section C3 :
"C3 . 06 Truckee Donner Public Utility District
"The system when completed will become an
operational part of the Truckee Donner Public
Utility District' s domestic water system. "
The sum 'to be paid the contractor under this contract
shall remain unchanged. The time provided for completion of the
contract is unchanged. This document shall become an amendment
to the contract and all provisions of the contract will apply
hereto.
Approved by _ Date _ I
Fngineer
Approved by Ji} - - --- mate
,owner J �/
i
Approved by .� i ��� � Date
D rict Engineer
Accepted bye. Date
Contr ctor
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