Contract+Amendment+1+Signed+5-23-2023.pdf

PDF 134 KB Posted

Attached to
Trail Repair & Maintenance Services
Contract number
187
Issued by
North Dakota

About this file

This document is a Contract Amendment (Amendment Number 1) for Trail Repair & Maintenance Services, State Contract 187, involving the State of North Dakota's Office of Management & Budget, State Procurement Office and Maxx Excavating LLC (doing business as Trailsource). The amendment incorporates terms from RFP number 110.7-23-031 and establishes this as a cooperative purchasing contract under North Dakota Century Code § 54-44.4-13.

The cooperative contract is open to a wide range of potential ordering agencies, including state entities, higher education institutions, government bodies, counties, cities, townships, public and secondary educational entities, nonprofit entities associated with public organizations, tribal agencies, transportation providers, and the International Peace Garden. The contract allows these entities to voluntarily purchase services, with no mandatory participation and an unknown estimated contract volume. The contract specifically covers trail repair and maintenance services, with Maxx Excavating LLC serving as the primary contractor, and provides flexibility for potential ordering agencies to utilize the contract based on their specific needs.

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CONTRACT AMENDMENT

CONTRACT NAME AND NUMBER: Trail Repair & Maintenance Services, State Contract 187

AMENDMENT NUMBER: 1

This amendment is made to Trail Repair & Maintenance Services, State Contract 187 (Contract) between the State of North Dakota, acting through its Office of Management & Budget, State Procurement Office (STATE), and Maxx Excavating LLC (dba Trailsource) (CONTRACTOR).

The parties agree to the following terms and conditions and expressly agree that if any of the following terms and conditions conflict with any of the terms and conditions of the Contract, then, notwithstanding any term in the Contract, the following terms and conditions govern and control the rights and obligations of the parties.

The parties agree to amend the Contract as follows:

MERGER AND MODIFICATION, CONFLICT IN DOCUMENTS

Contract Section 17, MERGER AND MODIFICATION, CONFLICT IN DOCUMENTS, item c.

incorporates the terms of RFP number 110.7-23-031 into the Contract.

RFP number 110.7-23-031, section 1.2 is incorporated into the Contract and provides that this contract is a cooperative purchasing contract established pursuant to N.D.C.C § 54-44.4-13. This contract is made available to State entities, institutions under the jurisdiction of the State Board of Higher Education, other government entities (including counties, cities, townships, public primary and secondary educational entities, governmental boards and commissions), nonprofit entities established on behalf of public entities, tribal agencies, transportation providers under N.D.C.C § 39-04.2, and the International Peace Garden (hereafter known as “Ordering Agencies”). Participation in this open-ended contract is not mandated; therefore, the estimated volume of this contract is not known.

CONTRACTOR may contact the Procurement Officer for assistance in determining whether an entity is eligible to purchase under this contract.

The parties agree that the terms and conditions of the Contract and this Amendment govern and control the rights and obligations of the parties.

All other terms of the Contract remain in effect. This Contract Amendment is not effective until fully executed by all parties.

EXECUTION

CONTRACTOR STATE OF NORTH DAKOTA

Maxx Excavating LLC (dba Trailsource) Acting through its Office of Management & Budget

BY: BY:

Printed Name: Hunter Rust Printed Name: Gabriel Hoggarth

Title: Owner Title: State Procurement Officer

Date: Date: 5/23/2023 chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.ndlegis.gov/cencode/t54c44-4.pdf https://www.ndlegis.gov/cencode/t39c04-2.pdf 5/23/2023

EXECUTION

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