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HomeMy WebLinkAbout1995-067 Agrmt - Boise CascadeB;.)ISE CASCADE CORPORATION P.O. BOX 100 MEDFORD, OREGON 97S01-0203 FED E.I.N. #82-0100960 LOG PURCHASE AGREEMENT 6/6/95 11:24AM LPA I P-95142 I SELLER: ICITY OF ASHLAND I I 6/6/95 I EFFECT DATE BR # I M2 I ADDRESS: 120 EAST MAIN I I 6/15/95 I TERM DATE ID # I 907011 I lASHLAND, OR 97520 I I 080007740 I VENDOR NO. SALE NAME: lASHLAND LOAD ] ]4~3-6002117 ] TAXPAYER ID # Seller agrees to sell to Buyer all logs from sale name shown hereon which meet Buyer's log specifications at the following net prices and as scaled by a mutually acceptable third-party includin9 special request grades on file. Logs to be scaled Scribner Seller will deliver logs to Buyer's Long Log Medford and/or White City yard. DOUGLAS FIR PONDEROSA PINE SUGAR/WHITE PINE VOL 4 M $/MBF VOL 1 M $/MBF VOL 0 M $1MBF LOG GRADE NET LOG GRADE NET LOG GRADE NET CR $ 725.00 CR BRIGHT $ 675.00 CR BRIGHT $ 675.00 P1 $ CR BLUE $ 475.00 CR BLUE $ 475.00 P2 $ 1M $ 1M $ P3 $ CR $ CR $ 1M $ CR $ CR $ SM $ SM $ SM $ 2M $ 4M $ 4M $ 3M $ 5M $ 5M $ 4M $ 6M $ 6M $ SC $ 200.00 SC $ 200.00 SC $ 200.00 2SC $ 150.00 2SC $ 150.00 2SC $ 150.00 UC/4U $ 150.00 UC/4U $ 150.00 UC/4U $ 150.00 INCENSE CEDAR WHITE FIR/HEMLOCK/SPRUCE VOL 0 M $/MBF VOL 0 M LOG GRADE NET LOG GRADE CR $ 500.00 CR $ P $ P $ 1M $ 1M $ 2M $ SM $ 3M $ 2M $ SM $ 3M $ 4M $ 4M $ 5M $ $ 6M $ $ SC $ SC $ 2SC $ 2SC $ UC/4U $ UC/4U $ NOTE: Adjusted gross of Special Culls and Utility Culls is net. $65.00 /M Deduction for less than 65% preferred lengths by gross volume, Peelable and Sawlog, by pay period. LENGTH: ~ % MERCH: I 33-1/3 I DIAM: VOL/P,EOE I 10.F I MINIMUM SPECS: $/MBF NET 500.00 A~I-ACHED AND MADE PART OF THIS AGREEMENT ARE: 1) 2) OTHER VOL 0 M $/MBF LOG GRADE NET CR $ 200.00 P $ 1M SM $ 2M $ 3M $ 4M $ $ SC $ 2sc $ uc/4u $ EXHIBITS B, DAND U (WAIVE OVERTRIM). PURCHASER'S CUT-OFF AND PAY DATE SCHEDULE. NO PAYMENT FOR LOGS WITH METAL EMBEDDED. SCALE: I Lb I scale. TERMS AND CONDITIONS 1) ACCEPTANCE. This Agreement as set forth herein and on the face hereof, is effective upon Seller's written acknowledgement or by commencement of performance by Seller. No other terms or conditions shall be binding on Boise Cascade Corporation ("Buyer") unless written approval thereof specifically referring to such other terms and conditions shall have been given to Seller. This is a firm agreement and is terminable only upon written mutual consent unless otherwise provided herein. 2) DELIVERY. Unless otherwise indicated on the face hereof, all sales are F.O.B. truck Buyer's log yard, designated on the face hereof. Logs will be delivered during posted scaling hours, unless otherwise indicated on the face hereof. 3) FORCE MAJEURE. If Buyer is unable to take delivery of logs or Seller is unable to deliver logs due to strikes, acts of God, equipment breakdown, or other occurrences beyond its reasonable control, the term hereof shall be extended an equal number of operating days. Where either Seller or Buyer claims an excuse for nonperformance under this paragraph, it must give notice in writing to the other party. At the option of the party whose performance has not been delayed, this Agreement may be terminated if delivery does not recommence within thirty days. 4) PAYMENT. Payment for logs delivered to Buyer will be made in accordance with the attached schedule. 5) WARRANTY. Seller warrants all logs covered by this Agreement will conform to specifications on the face hereof. Logs not meeting specifications will not be paid for and shall be immediately removed by Seller at Seller's expense. Seller warrants that it is the owner of all logs sold hereunder and that all logs are free from any and all claims, liens and encumbrances. 6) ASSIGNMENT. This Agreement shall not be assigned by either party in whole or in part without the prior approval of the other party. 7) COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. Each party warrants that it and its employees and contractors who perform any work subject to this Agreement, will comply with all federal, state and local laws, rules and regulations applicable to performance of this Agreement. GOVERNING LAW. This Agreement shall be governed by the law of the state in which this Agreement is issued. 9) INDEMNITY. SELLERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE BUYER AND ANY CONTRACTOR, AGENT, OR EMPLOYEE OF BUYER AGAINST ANY LOSS, DAMAGE, OR LIABILITY, INCLUDING ATTORNEY'S FEES, ARISING FROM THE NEGLIGENCE, BREACH OF WARRANTY, OR OTHER ACT OF SELLER ITS EMPLOYEES AND CONTRACTORS. 10) NOTICES. Any notice authorized by this Agreement to be served or given to either party hereto shall be sufficiently served or given for all purposes if sent by United States mail, postpaid, addressed to the party at its place of business, as set forth on the face hereof. 11) TAXES. Unless otherwise stated, the sales prices specified herein do not inlcude any federal, state, or local taxes. Wherever applicable, such taxes or charges will be for the account of the party responsible at law for payment thereof, unless specifically otherwise provided on the face of this Agreement. 12) ENTIRE AGREEMENT. This document contains the entire agreement of the parties concerning the subject matter hereof and no provision hereof shall be deemed waived or amended except in writing signed by the parties. CITY OF ASHLAND 503-482-3211 TELEPHONE BY: PAGE #2 Timber and Wood Products Division Western Oregon Area RO. Box 100 Medford, Oregon 97501 503/776-6666 Boise Cascade December 12, 1994 TO: All Logging Contractors All Purchase Log Contractors FROM: De Anna Mandich Log Accounting Supervisor - WOA RE: 1995 Cutoff and Pay Dates PAY P~RIOD~ 01/03/95 - 01/15/95 01/16/95 - 01/31/95 02/01/95 - 02/15/95 02/16/95 - 02/28/95 03/01/95 - 03/15/95 03/16/95 - 03/31/95 04/01/95 - 04/15/95 04/16/95 - 04/30/95 05/01/95 - 05/15/95 05/16/95 - 05/31/95 06/01/95 - 06/15/95 06/16/95 - 06/30/95 07/01/95 - 07/15/95 07/16/95 - 07/31/95 08/01/95 - 08/15/95 08/16/95 - 08/31/95 09/01/95 - 09/15/95 09/16/95 - 09/30/95 10/01/95 - 10/15/95 10/16/95 - 10/31/95 11/01/95 ~ 11/15/95 11/16/95 - 11/30/95 12/01/95 - 12/15/95 PAY DATES 01/26/95 02/14/95 02/28/95 03/14/95 03/28/95 04/13/95 04/27/95 05/11/95 05/30/95 06/13/95 06/29/95 07/18/95 07/27/95 08/15/95 08/29/95 09/14/95 09/28/95 10/12/95 10/26/95 11/14/95 11/30/95 12/14/95 12/28/95 NOTE: We will no longer be offering the service of holding checks at our main office in Medford for pickup. ATe. CTI~.CKS WTT3. BE NATT.R!~ ONTario. PAY DATR.. Approved: Date: EXHIBIT "B" BOISE CASCADE LOG LENGTH SPECIFICATIONS Effective 4/1/95 All logs of all species are to be bucked to maximize preferred lengths, then any remainder to the lengths specified below, lirabed flush on all four sides and utilized to the minimum noted diameters. All lengths have tolerances - refer to page 2 of this Exhibit. MINIMUM DIAMETER ALL SPECIES = 6" OR 5" TO A PREFERRED OR PRIMARY LENGTH PINE and CEDAR SAWLOGS PEELER LOGS LOGS 12" AND LARGER SCALE DIAMETER: PREFERRED 32'11" PRIMARY 16'5", 28'11", 30'11" LOGS 11" AND LESS SCALE DIAMETER: * FOR UTILIZATION CUT ANY 2' MULTIPLE PLUS THE FOLLOWING TRIM: CUT TO PEELER LENGTHS BELOW 5" TRIM 8' TO 16' 11" TRIM 18' TO 32' 12" TRIM 34' TO 40' 16" TRIM 42' TO 48' MAXIMUM LENGTHS: BUTT = 41' 0" OTHER = 49' 4" * Pine and Cedar logs with 10" through 12" scaling diameter cut to correct Peeler or Sawlog lengths will not be penalized for undertrim or overtdin on Exhibit "U" Log Quality Program. All DOUGLAS-FIR and WHITE WOODS OR PINE AND CEDAR 11" AND LESS SCALE DIAMETER PEELER LENGTHS 8' PEELER MULTIPLES 4' PEELER MULTIPLES Preferred Primary. Secondary 26' 10" 39' 10" 35' 0" 17' 10" 30' 10" 8' 10" 22' 0" 43' 10" 13' 10" USFS PEELER UTILIZATION LENGTHS: OUT 2' MULTIPLES AS IN SAWLOG LENGTHS ABOVE TO BREAKS, CROOKS ETC. MAXIMUM LENGTHS: BUTT = 39' 10" OTHER = 43' 10" SPECIAL CULLS (SC) and ~. SPECIAL CULLS (2SC) MINIMUM DIAMETER: SC = 16" 2SC = 12" DOUGLAS-FIR AND WHITE WOODS: 8' and/or 4' PEELER MULTIPLES ONLY PINES AND CEDARS: 12', 14', 16', 24' AND ALL LONGER 2' MULTIPLES + TRIM "PRIVATE PURCHASE LOGS" - Undertrim logs will be scaled back to the next lower acceptable log length for that species, and logs less than the specified minimum diameter will be "pencil bucked" back to the minimum diameter as specified in the "Log Purchase Agreement". Page #2 EXHIBIT "B" TOLERANCE TABLE LOG LENGTHS - UNDERTRIM & OVERTRIM Approved: ~-' UNDERTRIM BOISE CASCADE OVERTRIM PRIMARY (#2 CODE) CORRECT PRIMARY (#3 CODE) FROM THROUGH LENGTHS FROM THROUGH ' ~:'.",, ": ~,~,~,¢:J.,' &~ ~:~A~ .'.': ~". ~"~''~ ' 8' 3" 8' 5" 8' 7" 9' 5" 9' 6" 10' 3" 10' 5" 10' 7" 11' 5" 11' 6" 12' 3" 12' 5" 12' 7" 13' 5" 13' 6" 14' 3" 14' 5" 14' 7" 15' 5" 15' 6" 16' 3" 16' 5" 16' 7" 17' 5" TWO SEGMENT SAWLOG AT 16' MAXIMUM 17' 6" 18' 8" 18' 11" 19' 1" 19' 11 20' 0" 20' 8" 20' 11" 21' 1" 21' 11 22' 0" 22' 8" 22' 11" 23' 1" 23' 11 24' 0" 24' 8" 24' 11" 25' 1" 25' 11 26' 0" 26' 8" 26' 11" 27' 1" 27' 11 28' 0" 28' 8" 28' 11" 29' 1" 29' 11 30' 0" 30' 8" 30' 11" 31' 1'" 31' 11 32' 0" 32' 8" 32' 11" 33' 1" 33' 11" THREE SEGMENT SAWLOG AT 16' MAXIMUM 34' 0" 34' 10" 35' 0" 35' 1" 36' O" 36' 1" 36' 10" 37' 0" 37' 1" 38' 0" 38' 1" 38' 10" 39' O" 39' 1" 40' 0" 40' 1" 40' 10" 41' 0" 41' 1" 42' 0" 42' 1" 42' 11" 43' 4" 43' 7" 44' 4" 44' 5" 44' 11" 45' 4" 45' 7" 46' 4" 46' 5" 46' 11" 47' 4" 47' 7" 48' 4" 48' 5" 48' 11" 49' 4" 49' 7" + ,~,. :,.7~.' ,;,'~, .PEELER LENGTHS 8' 7" 8' 10" }~ 9' 1" 9' 10" 9' 11" 13' 7" 13' i0" i !4' l" 14' 10" 14' 11" 17' 7" 17' 10" 18' 1" 18' 10" 18'11" 21' 9" 22' 0" 22' 1" 23' 0" 23' 1" 26' 7" 26' 10" 27' 1" 27' 10" 27' 11" 30' 7" 30' 10" 31' 1" 31' 10" 31' 11" 34' 9" * 35' 0" 35' 1" 36' 0" 36' 1" 39' 7" 39' 10" 40' 1" 40' 10" 40' 11" 43' 7" 43' 10" 44' 3" 44' 10" 44' 11" 47' 11" 48' 4" 48' 7" 49' 4" 49' 5" 53' 1" $3' 4" 53' 7" + * THROUGH 34' 7" AT MEDFORD ONLY ANY USFS, STATE AND COUNTY PEELER LOGS THAT DO NOT MEET THE ABOVE CORRECT LENGTHS AND TOLERANCE, USE THE SAWLOG CHART AND BASE UNDERTRIM OR OVERTRIM ON THOSE LENGTHS. BTOLER.XLS Timber and Wood Products Division Western Oregon Area RO. Box 100 Medford, Oregon 97501 503J776-6666 EXHIBIT "D" Boise Cascade Approved: Date: January 7, 1992 LOG TRUCK POLICY In addition to all requirements set forth in the law: Log truck drivers will comply with the following safety regulations in order to be unloaded at Boise Cascade's Western Oregon Region Locations. 1) Hard hats are to be worn outside truck at all times. 2) Procedure for binder or wrapper removal: a) No binders or wrappers will be removed untll unloading machine reaches load and puts forks against load in 'proper place to create a barrier. b) The middle two binders and wrappers will then be removed. c) Drivers should stand in the clear of the load and in full view of the log machine operator before forks are moved away from load and until machine has the load firmly grasped. d) The machine will then grasp load and the last two binders and wrappers will be removed. Only the machine operator can change the above steps if deemed necessary for safety reasons. 3) Drivers will remain in the clear and away from load during unloading operations and will remain in view of loader operator at all times. Drivers are not to go on the opposite ~Ide of the load or start retrieving binders or wrappers until load has been removed from the area. 4) All' safety chains and hoses will remain hooked until truck reaches the trailer loader. 5) Hard hats will be worn while loading trailers and the driver must not walk under the trailer while it is in the air. 6) Posted plant spoed limit is 15 MPH. ENFORCEMENT WILL BE STRICT - - YOUR COOPERATION WILL BE APPRECIATED Approved: Date: EXHIBIT "U" BOISE CASCADE LOG QUALITY PROGRAM (Effective 4/1/93; To be reasonably assured that the quality of the product manufactured is acceptable, the seller or contractor agrees to comply with all conditions of the enclosed log quality program· The items to be monitored and recorded by the Third Party Scaling Agency are described in this enclosure titled: "Boise Cascade Log Quality Program". Coded i~ems 1 through 8, because of the severe loss in the production and recovery of lumber and veneer, will be recorded, posted on an individual basis and weighted according to ~heir relative severity. The "Percent Error" (4) will be computed by the scaling agency by dividing the "Tally of Coded Log" (1) by the "Total Logs" scaled (6), multiplying that number by 100 for a percent of Coded Logs to Total Logs (2). The "Percent of Total Log" (2) will then be multiplied by the "Error Factor,, (3) to artire at the "Percent Error" (4). The "Percent Error', column (4) will be totaled for an overall "Total Error Percent, (S), and the appropriate action in paragraph 3 will be taken. (1) (2) (3) (4) Code Tally of Percent Error Percent No. Item Coded Lot Total Lot Factor Error I Foreign Material I 0.7 2 1.$ 2 Undertrim 3 2.2 I 2.2 4 Poor Limbing 9 ~.6 1/2 3.3 7 Broken End 2 1.5 1/2 0_=_!7 Total Logs 136 (6) Total Error Percent 7.7 (5) Log quality categories and action to be taken: by current pay period results) (to be determined For exceptional log quality of 0% to 6.9% at Medford; 0% to 4.9% at White City for a pay period, a bonus will be paid as follows: Purchase and all Contract R/W Logs - $2.00/MBF on payable volume delivered, or; 2) Contract Logs except Con~ract R/W logs to truck (S-T] payment. = 3% of stump There is no bonus or assessment on log quality from 7% to 13% at Mealfor,5; 5% to 10% at White City. EXHIBIT "U" LOG QUALITY PROGRAM PAGE ~2 So From 13.1% to 18% at Medford; 10.~% to 15% at White City, the automatic pay period assessment is: 1) Purchase and all Contract R/W Logs ~ $2.00/MBF on payable volume delivered, or; 2) Contract Logs except Contract R/W logs = 3% of stump truck (S-T) payment. From 18.1% to 25% at Medford; 15.1% to' 25% at White' City, the automatic pay period assessment is: 1) Purchase and all Contract H/W Logs - $3.00/MBF on payable volume delivered, or; 2) Contract logs except Contract R/W l~gs - 5% of stump to truck (S-T) payment. 25.1% or more at either location will result in the pay period assements of: · 1) Purchase and all Contract R/W Logs - $20.00/MBF on payable volume delivered and/or contract cancellation, or; - 2) Contract Logs except contract H/w logs . 25% of stump to truck (S-T) payment on payable volume delivered and/or..conUract cancella=ion. Penalty Items (Primary - up to three per log) Code Sym- Error No. bol Item Factor Description I FM Foreign 2 Material 2 UT Under Trim I 3 OT Over Trim 1/2 Any material imbedded in a log such as broken chokers, nails, spikes, wire, insulators, etc. Any log cut with Iess than the minimum contract trim as stated in Exhibit B of the 1og~ing contract. A log that is cut to more than 12" over our comtract trim will be considered an'undertrim.. (~T) log for the nex~ Bighem product length. The scaler will record the actual scaling length to a one foot muluiple and =hen cut it back to ~he next lower correct length. (CuT. back does not apply'to USFS or State of 0zL~gon sales) Any log cut with more than the con- LO~. QL2J~iTY PROGRAM PAGE #3 4 PL 5 7 Poor Limbing Medford 1/2 Wh City 1/4 LB Long Butt 1/2 C Crook 2/2 BE Broken End 1/2 Logging Damage Medford 1/4 White Cry 1/2 tract trim as stated in Exhibit B of the logging contract. Any log lengths that are up to and including 12" over our contract trim will be considered an "over- trim" (OT) log, and recorded at that scaling length, to a one foot multiple. (Applies to USFS and State of Oregon sales only). Overtrim on Fee, BLM, and Purchase logs will not be to the next higher foot. #3 will stil~ be coded. private scaled up Primary Any log having i or more large limb clusters or hurls, 3 or more limbs 2-1/2" in diameter, or 5 or more limbs from 1" to 2-1/2" in diameter, or 10 or more brushy limbs, that extend 1" or more above the bark of the bole of the log. This- includes saw cuts into the bole of =he log. Any unacceptable butt that was not bucked off in the woods. (Severe cat face or frost checks that can't be effectively barked to make clean chips and will not meet 4UC specs and severe pistol butts). Any crook (dog-leg) that should have been bucked out of the log in the woods. (Scaling cylinder offset at least 1/2 the diameter). Any log delivered to the mill with an untrimmed end. This includes ends that are bucked to less than 1/3 merch at a break (1/4 merch for R5 USFS jobs). Any log that shows one or more of the following: 1) A separate break or fracture 4' or more from either end that should have been bucked out. 2) Mechanical damage peneZrating more than 1" into the wood fiber of the lo9. (Damage to EXHIBI'~ "U" LOG QUALITY PROGRAM PAGE #4 deteriorated sap wood will not be noted). 3) Barber chair, or slabbed or split log which was a result of stump to truck operation. (The slab will be at least 6" in width and 2' in length.) The following items 1 through 9 are for monitoring only. These are additional indicators of the overall condition of the product being delivered to the mill and are not penalty items. These will show up in the non-penalty area, or the center portion of the "Log Quality Report" Non-Penalty Items (Secondary - up to three per log) Code Sym- No. bol Item Description 1 SP Sliver Pull Any log that has had fiber pulled from the butt that would amount to at least 10 board feet. - 2 BB Bucked in Break Any log bucked in a break that shows a shattered end and requires a length cut. 3 BL Burried Log/ End Any log presented for scale that cannot be measured for length, diameter, or defect properly. DC Diagonal Cut 5 IC Improper Under Cut 6 YD Yard Damage 7 SB Short Log Butt 8 BS Blue Stain 9 PB Pencil Buck Any log cut diagonally where bucked. This item, can result in undertrim. (Offset bucking is also included) Any butt that has the slope of the under cut taken from the log. This item can result in either undertrim or overtrim logs. Any damage done to a log by log yard equipment prior to scaling. Any butt log less than 21' with a scaling diameter 10" or larger. Any log showing blue stain on either the ends or along the surface of the bole. Any log that must be "pencil bucked" to meet minimum diameter specifications. EYHiB IT "U'~ LOG QU~3.IT~ ' PROGRAM PAGE #5 Oualitv Items Not Coded Other items to be noted on the quality report but not coded by scalers can be taken from the data base entered from the main body of the scale ticket. 1. Length Summary Preferred Lengths - logs tallied that meet preferred length specifications by species as sawlogs or peelers. Primary Lengths - any 14' or 16' multiple sawlog or eight foot multiple peeler log length. Secondary Lengths - any other two foot multiple sawlog or four foot multiple peeler log length. Utility Lengths - any logs cut to other than Boise Cascade specified lengths. 2. Species Summary Record species, log count, gross, adjusted gross, and net merchantable volumes. b. Total of all pieces by log count and volumes. NAME: ADDRESS: TAXPAYER ID #: CITY OF ASHLAND 20 EAST MAIN lASHLAND, OR 97520 103-6002117 SALE NAME: LOGGING TYPE LOGGER: PERMIT NUMBER BRAND DIAMETER SORTS: lASHLAND LOAD IDON HAMANN 95-711-75456 TYPE BRAND HERE: BRAND I.D. NUMBER: PAINT COLOR: I 31 DF SC WF SF SS VP PP SP ~C I TOT TOTALJOB 4 MED WC 4 1 5 5 LOADSiDAY:I OCCAS I COMMENTS: 6/7/95 P.M. DELIVERY BOISE CASCADE SCALE INFORMATION 6/6~95 I EFFECTIVE DATE 6/1 5~95 I TERM DATE 616195 1:24 AM M2 907011 TPSO: SOURCE: STATE: REGION: SCALE (LL/SL) YIELD TAX (Y/N) MINIMUMS: LENGTH: DIAMETER: DELIVERY POINTS AND SCALE LOCATION: BOISE CASCADE MEDFORD BOISE CASCADE WHITE CITY LOG SCALERS ,r-~-i [ PVT, BLM, FS, OTH ~---] I OREGON, CALIFORNIA ] ~'~1 [ USFS R5, R6 ]  BUREAU RULES WE, .TOnLY I N I I--q--"[ OLD/,OUNG GROWTH BLUE STAIN REPORT REQUIRED (Y/N) ~ % ME.CH: I 33-1/3 I r-~ TRUCK r~ TRUCK F--] TRUCK .[-'~IGRoUND [-~GROUND [~GROUND SALES MEDFORD % SAMPLE SCALE INFORMATION FREQ VOL FREQ DF DF SC SC WF WF SF SF SS SS VP VP PP pp SP SP UNLESS LISTED AS SAMPLE -- ALL VOLUME TO BE 100% SCALED AVERAGE LOAD: I 3.00 I START: I 6~7/95 I WHITE CITY % VOL DF SC WF SF SS VP PP SP IC SORT REQUEST MED WC CR CR LOG SORT BY MILL: LOG BUYER: MARK W NYSTROM DISTRIB UT~I~2N: II15 ~LLER/BUYER · TPSO LOG ACCOUNTING REGION CHECK SCALER VEDA MARSHALL PHONE NO: 776-6690 MEDFORD SCALE SHACK MEDFORD WEIGH STATION MITCH HANSEN WHITE CITY SCALE SHACK WHITE CITY WEIGH STATION WILLIE DEBRICK