HomeMy WebLinkAboutChange Order 4 of Agreement with Weschem to BHS for Bulk Ferric Chloride(.-��VIERJDIAM,�
CITY OF MERIDIAN
CONTRACT AMENDMENT No 4
WESCHEM, INC
BULK FERRIC CHLORIDE
CONTRACTOR NAME:
WESCHEM, INC
P O Box 4072
Boise, ID 83711
WASTEWATER
3401 N Ten Mile Rd
Meridian, ID 83642
Contract name & Project No. Bulk Ferric Chlo id — WW.13.10427 _
Amendment Date: 10-1-2015 s Previous Amendments: 3
Current Contract Dates; START; 10-1-2016 COMPLETION; 9-30-2016
AMENDMENT OPTIONS
that
Amendment to Contract Performance
Amendment to Contract Dates
Amendment to Contract Amount
Other: (Explain) Weschem merged with BHS Marketing
ons specrany chemicals is acquiring the assets of Weschem Inc In a merger. The current ca tract with Weschem Inc
I
s
i ned to QHS S clalt Chemicals, 1717 E. Far o, Nam a ID 83667. See attached documents 2pages).
NEW NTRACT INFORMATION:
Date: nua 12 2015
Dates: START: _ 10-1-2015 _ COMPLETION; 0 30-2016
endment ChangeAoo
ract Amount (Inclusive of Pnevioas Amendments to pate); 274 000,00
HER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS
MENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT.
CITY OF ERI
WESCHEM, INC
TAMMY d D, MAYOR
Dated: Dated:
Council Approval Date:
Attest
JAYCEE(IO MAN, CITYCLERK
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Approved by City as to Content
BY:
KEI A ,PURC NO AGENT
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W6schem
Water & Energy Solutions
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P.O. Box 4072 Boise, ID 83711
Office: 208-375-4001 Fax: 208-375-4002
December 24, 2015
Mr. Keith Watts
Purchasing Manager
City of Meridian
33 East Broadway Ave
Meridian, ID 83642
Re: Weschem Announcement
Dear Keith:
We are pleased to announce a new development with Weschem Inc and BHS Specialty Chemicals.
BHS Specialty Chemicals is acquiring the assets of Weschem Inc in a merger that will focus both
companies on expanding our combined capabilities and resources. We are very excited about this
merger and look forward to the future. All of Weschem's resources and personnel, including
myself, will be going forward with this merger.
As part of this acquisition, the contract we have with your company needs to be assigned to BHS
Specialty Chemicals. The attached form is your authorization to transfer the obligations of our
contract to BHS. It is needed to complete the acquisition.
Please review this form and return via e-mail at your earliest convenience. Do not hesitate to call
me if you have any questions.
We realize that timing is not the best as it is during the Christmas Holiday and appreciate your
understanding. We will visit you personally after the first of the year to introduce BHS
management to your staff and to answer any questions you may have.
Thank you in advance for your help.
Best regards,
Weschem Inc
Mark M. Plafcan
Vice President
CONSENT TO ASSIGNMENT
Weschem Inc., an Idaho Corporation ("Weschem") intends to enter into an Asset Purchase Agreement
(the "Purchase Agreement") with BHS Marketing, LLC, a Delaware limited liability company ("BHS").
Pursuant to the terms of the Purchase Agreement, BHS will acquire substantially all of the assets and
assume certain of the liabilities of Weschem (the "Proposed Transaction"), including Weschem's rights
and obligations under the Transferred Contracts (as defined in the Purchase Agreement). The Transferred
Contracts include Contract Amendment No 3, Bulk Ferric Chloride -WW -13-10427 (the "Contract"),
dated October 1, 2015, by and between the City of Meridian and Weschem. The closing of the Proposed
Transaction is expected to occur on or around December 30, 2015.
Weschem requests that the City of Meridian consent to the assignment of the Contract to BHS.
By signing below, the City of Meridian: (i) waives any default provisions or other restrictions in the
Contract that would prohibit an assignment of the Contract or the consummation of the Proposed
Transaction; (ii) consents to the assignment of the Contract to BHS; and (iii) agrees and acknowledges
that the Contract will remain in effect after the closing of the Proposed Transaction on the same terms and
conditions as prior to the closing of the Proposed Transaction (except that BHS will replace Weschem as
a party to the Contract).
City of Meridian consent will be effective as of, but not until, the closing of the Proposed
Transaction. In the event that, for any reason, closing does not occur, neither Weschem nor the City of
Meridian will have any obligations in respect of the matters which are the subject hereof, and this consent
will terminate and be void and of no further force or effect.
City of Meridian:
City of Meridian----'-,—',-----,—_
By:
Name:
Its:
Weschem:
Weschem Inc.,
By'��aA �
Name: M� 0.1L- 1P►-(-)- C c
Its: _V )?,
BHS:
BHS Marketing, LLC
1717 East Fargo
Nampa, ID 83687
By:
Name:
Its: 0 14
—
CONSENT TO ASSIGNMENT OF CONTRACT
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