2026-045 Primrose Park Phase 2 Additional Bullpens.pdf

Prepared: 8/19/2026 Issued: 8/25/2026

City of Fulshear Request for Quotes

Primrose Park Phase 2 Additional Bullpens 2026-045

SUBMIT QUOTES ELECTRONICALLY TO: SUBMIT NO LATER THAN:

City of Fulshear Tuesday, September 22, 2026 Purchasing Division 2:00 PM (Central)

WWW.PUBLIC.PURCHASE.COM

Results will not be given by phone. Requests for information must be in Results will be provided to vendor in writing writing and directed to:

www.publicpurchase.com

Vendor Responsibilities:

Submit response in accordance with requirements stated on the cover of this document.

DO NOT submit responses via email or fax.

Initials: _____________ 1

SECTION 1.0 GENERAL REQUIREMENTS:

1.1 Read this entire document carefully. Follow all instructions. You are responsible for fulfilling all requirements and specifications. Be sure you understand them.

1.2 These General Requirements apply to all advertised quotes and shall be interpreted in accordance with the Contract Documents. In the event of a conflict, procurement requirements shall govern bidding and submission requirements.

1.3 Governing Law: Vendor is advised that these requirements shall be fully governed by the laws of the State of Texas and that the City of Fulshear may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements.

1.4 Quote Form Completion: Fill out, sign, and return to the City of Fulshear

Purchasing Division one (1) complete quote electronically to www.publicpurchase.com. An authorized representative of the Vendor must sign the Contract Sheet. The Contract will be binding only when signed by the City Manager of the City of Fulshear or other person authorized by the City of Fulshear City Council and a purchase order authorizing the items or Work desired has been issued. The use of corrective fluid is not acceptable and may result in the disqualification of quote. If an error is made, the Vendor must draw a line through error and initial each change.

1.5 Quote Returns: Vendors must return all completed quotes to the City of Fulshear

Purchasing Division, electronically, to www.publicpurchase.com no later than 2:00 P.M. (Central) on the date specified. Late quotes will not be accepted.

Quotes must be submitted electronically to www.publicpurchase.com.

1.6 Addenda: No interpretation of the meaning of the drawings, specifications, or other quote documents will be made to any vendor orally. All requests for such interpretations must be made in writing to Cassie Leal, Purchasing Administrator, electronically, on www.publicpurchase.com. Any and all interpretations and any supplemental instructions will be in the form of written addenda to the contract documents which will be posted on the www.publicpurchase.com website.

Addenda will ONLY be issued by the City of Fulshear Purchasing Administrator.

It is the sole responsibility of each Vendor to ensure receipt of any and all addenda. All addenda issued will become part of the contract documents.

Vendors must sign, initial, and include both the quote documents and any addenda in the returned quote package. Deadline for submission of questions and clarification is no later than Wednesday, September 9th, 2026, at 10:00 AM (Central). Requests received after the deadline will not be responded to due to the time constraints of this quote process.

1.7 References: Failure to provide references may be grounds for determining vendor responsibility. Vendors should utilize the attached Client Reference Form, which

Initials: _____________ 2 has been attached and incorporated hereto as Exhibit A.

1.8 Quote Bond: Not Applicable

1.9 Material Safety Data Sheets: Under the "Hazardous Communication Act," commonly known as the "Texas Right to Know Act," a Vendor must provide to the City of Fulshear, with each delivery, material safety data sheets, which are applicable to hazardous substances defined in the Hazardous Communication Act.

Vendors are obligated to maintain a current, updated file in the City of Fulshear Purchasing Division. Failure of the Vendor to maintain such a file will be cause to reject any quote applying thereto.

1.10 Pricing: Prices for all goods and services shall be firm for the duration of this

Contract and shall be stated on the quote sheet. Prices shall be all inclusive. No price changes, additions, or subsequent qualifications will be honored during the course of the Contract. All prices must be written in ink or typewritten. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, the Vendor MUST indicate the items required and attendant costs or forfeit the right to payment for such items.

1.11 Term Contracts: If the Contract is intended to cover a specific time period, said time will be given in the specifications under scope.

1.12 Recycled Materials: The City of Fulshear encourages the use of products made of recycled materials and shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. The City of Fulshear will be the sole judge in determining product preference application.

1.13 Evaluation: Award will be made to the vendor submitting the lowest and best quote in accordance with Texas Local Government Code Chapter 252. A responsive quote is one that complies with all material requirements of this solicitation. In determining the lowest and best quote, the city may consider:

Price Contractor’s experience and past performance Ability to meet project schedule Compliance with specifications References

1.14 Disqualification of Vendor: Upon signing this quote document, a Vendor quoting to sell supplies, materials, services, or equipment to the City of Fulshear certifies that the Vendor has not violated the antitrust laws of this State, codified in Chapter 15 of the Business and Commerce Code, or any Federal antitrust laws, and has not communicated directly or indirectly the quote made to any competitor or any other person engaged in such line of business. Any or all quotes may be rejected if the City of Fulshear believes that collusion exists among the Vendors.

Quotes in which the prices are obviously unbalanced may be rejected. If multiple

Initials: _____________ 3 quotes are submitted by an Vendor and one of the quotes is withdrawn, the result will be that all of the quotes submitted by that Vendor will be withdrawn.

However, nothing herein prohibits a vendor from submitting multiple quotes for different products or services.

1.15 Awards: The City of Fulshear reserves the right to award this Contract on the basis of lowest and best quote in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one Vendor, to reject any or all quotes.

1.16 Contract Obligation: The City Manager or other person authorized by the City of

Fulshear City Council must sign the Contract before it becomes binding on the City of Fulshear or the Vendors. Department heads are not authorized to sign agreements for the City of Fulshear. Binding agreements shall remain in effect until all products or services covered by this purchase have been satisfactorily delivered and accepted.

SECTION 2.0 SCOPE:

It is the intent of the City of Fulshear to contract with one (1) vendor for all materials, supplies, equipment, tools, labor, and supervision necessary to complete the Primrose Park Phase 2 Additional Bullpens Work, as specified herein and in Exhibit B, which is attached and incorporated hereto.

SECTION 3.0 PRELIMINARY PROJECT CONFERENCE:

A preliminary project conference will be conducted on Wednesday, September 2nd, 2026, at 10:00 AM (Central). The preliminary project conference will be held at the City of Fulshear Purchasing Division located at 6611 W Cross Creek Bend Ln., Fulshear, TX 77441 followed by a site visit to the project site. All Vendors are encouraged to attend.

SECTION 4.0 CONTRACTOR PERFORMANCE

Failure to perform the Work in accordance with the Contract Documents may result in corrective action, withholding of payment, or termination of the Contract at the City’s discretion.

SECTION 5.0 COMPLETION TIME & PAYMENT:

5.1 The City of Fulshear shall pay the selected Vendor the contract sum for work performed in accordance with the terms of this Contract.

5.2 The selected Vendor will permit the City of Fulshear, or any duly authorized agent of the City of Fulshear, to inspect and examine the books and records of the selected Vendor for the purpose of verifying the amount of work performed under the Contract. The City of Fulshear’s right to inspect survives the termination of the Contract for a period of five (5) years.

Initials: _____________ 4

5.3 This requirement applies to post-award invoicing only. Invoices should be submitted electronically to:

Attn: Accounting Email: accounting@fulsheartexas.gov

5.3.1 If the City of Fulshear reasonably disputes any invoice, the City of

Fulshear shall timely pay the undisputed portion of the invoice and promptly notify the selected Vendor, in writing, of the nature of the dispute as to the remainder, and the parties will use their best efforts to resolve the dispute expeditiously.

5.3.2 Payment will be made upon completion and acceptance of the Work in accordance with the terms of the Contract.

SECTION 6.0 LIMIT OF APPROPRIATION:

The City’s obligation is subject to annual budget approval. Funds are appropriated on a fiscal year basis.

SECTION 7.0 RIGHT TO ASSURANCE:

Whenever the City of Fulshear, in good faith, has reason to question the selected Vendor’s intent to perform, the City of Fulshear may demand that the selected Vendor give written assurance of its intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the City of Fulshear may treat this failure as an anticipatory repudiation of the Contract.

SECTION 8.0 NOT APPLICABLE

SECTION 9.0 NOT APPLICABLE

SECTION 10.0 INSURANCE AND INDEMNIFICATION:

10.1 To the extent allowed by law, the selected Vendor (the “Contractor”)

INDEMNIFIES and HOLDS HARMLESS the City of Fulshear, its officers, agents, and employees against all costs and expenses, including, without limitation, attorneys’ fees and costs of investigation and defense, as well as legal liability, whether from suit, judgment, settlement or otherwise arising out of any or all claims for injury to persons or property, including but not limited to injuries resulting in death, arising from, or caused by, or incident to any wrongful or negligent act of the Contractor, the Contractor’s agents, invitees, servants, and employees upon the property of the City, or arising or resulting from any intentional tort or intellectual property infringement for which the Contractor is responsible, or for any failure to pay a subcontractor or supplier relating to the performance of Services under this Agreement. Any

Initials: _____________ 5 language to the contrary notwithstanding, the covenants and agreements contained in this paragraph survive the termination of this Agreement for whatever cause.

10.2 Commercial General Liability Insurance: Contractor must maintain comprehensive commercial general liability insurance, covering the City of Fulshear and the Contractor for liability for property damage, bodily injury, personal injury, and death. The insurance provided under this Contract must be in the amount of not less than $1,000,000 per occurrence for property damage and not less than $1,000,000 per occurrence for bodily injury, personal injury, or death. This insurance must protect against liability to any employees or servants of the Contractor and to any other person or persons whose property damage, personal injury, bodily injury, or death arises out of or in connection with the performance of any services under this Contract and must include (i) coverage for premises and operations, (ii) coverage for products liability, and (iii) contractual liability coverage insuring the obligations of the Contractor under the terms of this Contract. Such policy must name the City of Fulshear (and any successor or assign designated by the City of Fulshear) as an additional insured.

10.3 Umbrella Liability: N/A

10.4 Professional Liability: N/A

10.5 Workers Compensation and Employer’s Liability. Contractor must maintain workers compensation insurance to protect against claims under Texas Workers Compensation laws as well as all Federal acts applicable to Contractor’s operations on City property. The limit of liability for such coverage must at least meet applicable statutory requirements. Additionally, each policy must contain an endorsement waiving all rights against the City of Fulshear and the City of Fulshear’s respective agents and employees. Contractor must maintain employer’s liability insurance in the minimum amount of $1,000,000 per occurrence for personal injury, bodily injury, or death to any employee of the Contractor who may bring a claim outside the scope of the Texas Worker’s Compensation laws or Federal acts applicable to the Contractor’s operation on City of Fulshear property.

Each policy must contain an endorsement waiving all rights of subrogation against the City of Fulshear and the City of Fulshear’s respective agents and employees.

10.6 Waiver of Subrogation: The parties agree to waive any and all rights of recovery, claims, actions, or causes of action against the other, its agents, officers, and employees for any injury, death, loss, or damage that may occur to persons or to City of Fulshear property, or any personal property of such party on City of Fulshear property, by reason of fire, windstorm, earthquake, flood, or any other risks, or any other cause which is insured under the insurance policy or policies that either party is required to provide or maintain under this Contract, to the

Initials: _____________ 6 extent and only to the extent of any proceeds actually received by the City of Fulshear or the Contractor, respectively, with respect thereto, regardless of the cause or origin, including negligence of either party hereto, its agents, officers, or employees, and each party covenants that no insurer will hold any right of subrogation against the other. If such waiver is not obtained, the party failing to do so indemnifies the other party for any claim by an insurance carrier arising out of subrogation.

10.7 Insurance Requirements: The phrases “Required Policy” and “Required Policies” mean each policy of insurance required to be maintained by the Contractor under the terms of this Contract. Each Required Policy must be written by a company satisfactory to the City of Fulshear but, in all events, a company with an A.M.

Best Company financial rating of not less than A:XII (or a similar rating by a comparable service selected by the City of Fulshear should A.M. Best Company cease providing such ratings) and be licensed to do business in Texas or, if the aforesaid is not available, by a company qualified to do business as a non-admitted insurer in Texas under current Texas surplus lines requirements. Such policies must be endorsed so as to require thirty (30) days’ prior written notice to the City of Fulshear in the event of cancellation. Required Policies must contain cross-liability clauses, when applicable and available. The Contractor must deliver to the City of Fulshear a certificate of insurance for any Required Policy no later than five (5) business days after the award of this Contract. The required evidence of coverage must always be deposited with the City of Fulshear. If the Contractor fails to do so, such failure may be treated by the City of Fulshear as a default by the Contractor, and the City of Fulshear, in addition to any other remedy under this Agreement, may purchase and maintain such Required Policy, and the Contractor must immediately reimburse the City of Fulshear for any premiums paid or costs incurred by the City of Fulshear in providing such insurance. Failure of the Contractor to reimburse the City of Fulshear is a default by the Contractor under this Agreement.

10.8 Indemnity for Noncompliance with Insurance Requirements: Contractor

INDEMNIFIES and HOLDS HARMLESS the City of Fulshear from any loss the Contractor may suffer due to the Contractor’s failure to comply with all the above insurance requirements, including the requirement for obtaining waivers of subrogation, and due to any insurance coverage being invalidated because of the Contractor’s failure to comply with the terms, conditions, and warranties of any Required Policy.

10.9 No Indemnification by the City: The Contractor and the City of Fulshear expressly acknowledge that the City’s authority to indemnify and hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution, and any provision that purports to require indemnification by the City of Fulshear is invalid. Nothing in this Contract requires that the City of Fulshear incur debt, assess or collect funds, or create a sinking fund.

Initials: _____________ 7

SECTION 11.0 NOT APPLICABLE

SECTION 12.0 RESERVED

SECTION 13.0 PERMITS:

Contractor is responsible for compliance with all applicable local, state, and federal regulations.

SECTION 14.0 NOT APPLICABLE

SECTION 15.0 TERMINATION:

15.1 Termination: The City, upon giving thirty (30) days’ written notice to the Contractor, may terminate this Contract for any reason, without cause, or simply for convenience. The Contractor, upon giving thirty (30) days’ written notice to the City, may terminate this Contract for cause.

Termination of this Agreement shall release each party from all obligations of this Agreement unless otherwise specified herein.

15.2 Obligations of Contractor Upon Termination. Upon termination of this Contract, the Contractor shall promptly return to the City all information, files, documentation, media, related material, and any other material that is owned by the City, as well as any work product in progress. The Contractor shall also cause the Project property or Project properties to be left in an organized and tidy manner and without hindrance to entry or use.

15.3 Obligations of City Upon Termination: Upon termination of this Contract, the

City of Fulshear’s sole obligation shall be the payment of any valid, outstanding invoices and any work that has not yet been invoiced but was performed prior to the effective date of termination. The Contractor agrees to render a final invoice to the City of Fulshear for services performed by the Contractor prior to termination of this Contract within thirty (30) days after completion of the services performed.

SECTION 16.0 NOT APPLICABLE

SECTION 17.0 NOT APPLICABLE

SECTION 18.0 INDEPENDENT CONTRACTOR:

The Contractor shall be an independent contractor and any provision of this Contract that may appear to give the City of Fulshear the right to direct the Contractor as to the details of the manner of doing the Project shall be deemed to mean that the Contractor shall follow the desires

Initials: _____________ 8 of City of Fulshear in the results of the Project only and not in the means whereby the Project is to be accomplished. The Contractor shall be responsible as to the details of completing the Project. Neither the agents, representatives, nor employees of the Contractor shall be deemed to be the agents, representatives, or employees of City of Fulshear. The Contractor shall act in good faith in the performance of the Work and shall be responsible for the means and methods of construction.

SECTION 19.0 NOTICE:

19.1 All written notices, demands, and other papers or documents to be delivered to the City of Fulshear under this Contract shall be delivered to the Finance Department, Attn: Purchasing Administrator, P.O. Box 279, Fulshear, Texas 77441, or at such other place or places as the City of Fulshear may from time to time designate by written notice delivered to the Contractor. For purposes of notice under this Contract, a copy of any notice or communication hereunder shall also be forwarded to the following address: City of Fulshear, 6611 W Cross Creek Bend Ln. Fulshear Texas 77441, Attention: City Manager.

19.2 All written notices, demands, and other papers or documents to be delivered to the

Contractor under this Contract shall be delivered to the Authorized Representative identified in the Contract documents or such other place or places as the Contractor may designate by written notice delivered to the City of Fulshear.

SECTION 20.0 RECORDS:

20.1 All records, reports, and documentation produced under this contract shall be the property of the City.

20.2 The Contractor agrees to maintain and preserve for a period of at least five (5) years after the earlier of the expiration of the defects period or termination of this Contract accurate and complete records relating to the performance of the Project.

The Contractor agrees to, upon request, provide the City of Fulshear with such records. This provision shall survive the termination or expiration of the Contract.

SECTION 21.0 SUCCESSORS & ASSIGNS:

21.1 The City of Fulshear and the Contractor bind themselves and their successors, executors, administrators, and assigns to the other party of this Contract and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Contract.

21.2 Neither the City of Fulshear nor the Contractor shall assign, sublet, or transfer its interest in this Contract without the prior written consent of the other.

21.3 Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public or governmental body that may be a party hereto.

Initials: _____________ 9

SECTION 22.0 PUBLIC CONTACT:

Contact with the news media, citizens of the City of Fulshear, and governmental agencies shall be the sole responsibility of City of Fulshear. Under no circumstances, whatsoever, shall the Contractor release any material or information developed in the performance of its services hereunder without the express written permission of the City of Fulshear, except where required to do so by law.

SECTION 23.0 MODIFICATIONS:

This instrument contains the entire Contract between the parties relating to the rights herein granted and obligations herein assumed. Any oral or written representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent written modification signed by both parties hereto.

No changes in the work, contract amount, or project scope shall be authorized unless approved in writing by the City of Fulshear Purchasing Administrator or City Manager.

SECTION 24.0 SILENCE OF SPECIFICATIONS:

In the event of an omission, the Contractor shall provide all materials and labor necessary to complete the Work in accordance with the intent of the Contract Documents. All work shall conform to applicable industry standards.

SECTION 25.0 SEVERABILITY:

In the event one or more of the provisions contained in these requirements or the specifications shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and these requirements or the specifications shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

SECTION 26.0 GOVERNING DOCUMENTS:

In the event of a conflict between the Request for Quotes (RFQ) and the Technical Specifications:

The RFQ shall govern all procurement and submission requirements.

The Specifications shall govern all scope and performance requirements.

In the event of a conflict between drawings and specifications, the more stringent requirement shall apply.

SECTION 27.0 TAX EXEMPT:

City of Fulshear is exempt from state and local sales and use taxes under Section 151.309 of the Texas Tax Code. This Contract is deemed to be a separate contract for Texas tax purposes, and

Initials: _____________ 10 as such, the City of Fulshear hereby issues its Texas Exemption for the purchase of any items qualifying for exemption under this Contract. Contractor is to issue its Texas Resale Certificate to vendors and subcontractors for such items qualifying for this exemption, and further, contractor must state these items at cost.

SECTION 28.0 ENTIRE AGREEMENT:

In the event of a conflict, refer to Section 26.0 Governing Documents. The Contract Documents include:

This Request for Quotes, together with all exhibits and attachments, constitutes the entire agreement.

Exhibit A – The Client Reference Form;

Exhibit B – Scope of Work

SECTION 29.0 TEXAS ETHICS COMMISSION FORM 1295:

Not Applicable

SECTION 30.0 STATE REQUIREMENTS FOR CONTRACTS:

The contents of this section are required by Texas Law or are necessary in order for the City of Fulshear to participate in this Contract. The following are included by the City of Fulshear regardless of content:

30.1 Budget. The Parties understand and acknowledge that the funding for payment of the Services is contained in the City’s annual budget and is subject to the approval of the City’s governing body in each fiscal year. The Parties further agree that should the City’s governing body fail to approve a budget that includes sufficient funds for the continuation of this Agreement, or should the City’s governing body fail to certify funds for any reason, then and upon occurrence of such event, this Agreement shall automatically terminate as to the City, and the City shall then have no further obligation to the Contractor (“Service Provider”). When the funds budgeted or certified during any fiscal year by the City to discharge its obligations under this Agreement are expended, the Service Provider’s sole and exclusive remedy shall be to terminate this Agreement.

30.2 No Israel Boycott. The Service Provider hereby verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement. For purposes of this verification, “boycott Israel” means refusing to deal with, termination of business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

Initials: _____________ 11

30.3 Foreign Terrorist Organizations. The Service Provider represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

30.4 Immigration. Service Provider represents and warrants that it shall comply with the requirements of the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.)

and all subsequent immigration laws and amendments.

30.5 Undocumented Workers. Service Provider certifies that Service Provider does not and will not knowingly employ an undocumented worker in accordance with Chapter 2264 of the Texas Government Code, as amended. If during the Term of this Agreement, Service Provider is convicted of a violation under 8 U.S.C. § 1324a(f), Service Provider shall repay the amount of the public subsidy provided under this Agreement, plus interest, at the rate of the prime rate plus six percent (6%) per annum, not later than the 120th day after the date the City notifies Service Provider of the violation.

30.6 Human Trafficking. By acceptance of this Contract, Contractor acknowledges that the City of Fulshear is opposed to human trafficking and that no City of Fulshear funds will be used in support of services or activities that violate human trafficking laws.

30.7 Nondiscrimination Against Firearm and Ammunition Industries. Service Provider verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the Term of this Agreement against a firearm entity or firearm trade association, as those terms are defined by Chapter 2274, Government Code, as enacted by S.B. 19, 87th Legislature, Regular Session.

30.8 Anti-Boycott of Energy Companies. Service Provider verifies that it does not boycott energy companies and will not boycott energy companies, as those terms are defined by Chapter 2276, Government Code, as enacted by S.B. 13, 87th Legislature, Regular Session, during the Term of this Agreement.

30.9 Public Information Act. Information, documentation, and other material in connection with this Agreement may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”).

Effective January 1, 2020, the requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and the Service Provider agrees that this Agreement can be terminated if the Service Provider knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent, if any, that any provision of this Agreement is in conflict with Texas Government Code, Chapter 552, as amended (the “Texas Public Information Act”), such provision shall be void and have no force or effect.

Initials: _____________ 12

In accordance with Section 2252.907 of the Texas Government Code, the Service Provider is required to make any information created or exchanged with the City pursuant to this Agreement, regardless of contrary provisions contained herein, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the City.

30.10 Prohibited Access to Critical Infrastructure. Service Provider verifies that it does not contract with certain foreign-owned companies in connection with critical infrastructure and will not contract with certain foreign-owned companies in connection with critical infrastructure, as those terms are defined by Chapter 2275 of the Government Code, during the Term of this Agreement.

30.11 No Indemnification by the City. The Service Provider and the City expressly acknowledge that the City’s authority to indemnify and hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution, and any provision that purports to require indemnification by the City is invalid. Nothing in this Agreement requires that the City incur debt, assess or collect funds, or create a sinking fund.

30.12 Force Majeure. In the event either party is rendered unable, wholly or in part, by force majeure to carry-out any of its obligations under this Agreement, except the obligation to pay amounts owed or required to be paid pursuant to the terms of this Agreement, then the obligations of such party, to the extent affected by such force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so caused to the extent provided, but for no longer period. As soon as reasonably possible after the occurrence of the force majeure relied upon, the party whose contractual obligations are affected shall give notice and full particulars of such force majeure to the other party. Such cause, as far as possible, shall be remedied with all reasonable diligence. The term “force majeure,” as used herein, shall include without limitation of the generality thereof, acts of God, strikes, lockouts, or similar civil disturbances, acts of the public enemy, orders of any kind of the government of the United States of America or of the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, drought, arrests, restraint of government, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, and other inabilities of any party, whether similar or those enumerated or otherwise, which are not within the reasonable anticipation or control of the party claiming such inability, which such party should not have avoided by the exercise of due diligence and care.

30.13 Notices. All notices, demands, or requests from one party to another must be in writing and must be (i) personally delivered, (ii) sent by mail, certified or registered, postage prepaid, (iii) sent by facsimile transmission, or (iv) sent by overnight delivery, in any case to the address stated in this Section, or to such

Initials: _____________ 13 other address as the party may request in writing, and are deemed to have been given at the time of receipt or delivery.

IF TO CITY:

Attn: Purchasing Administrator 6611 W Cross Creek Bend Ln.

Fulshear, Texas 77441 Email: cleal@fulsheartexas.gov

IF TO CONTRACTOR:

NAME: __________________________________

Attn: _____________________________________

Mailing Address: ___________________________ Email: ____________________________________

30.14 Applicable Law and Forum. This Agreement shall be governed and construed in accordance with the laws of the State of Texas, without regard to the conflicts of laws principles thereof. The Parties agree and acknowledge that this Agreement may not cover all applicable laws or laws that the City may be required to follow.

Any action or suit related to this Agreement must be brought in the state or Federal courts sitting in Fort Bend County, Texas.

SECTION 31.0 REQUIRED DOCUMENTS FOR SUBMITAL

31.1 Quote packet with all applicable space filled in with references

31.2 Conflict of Interest Questionnaire

31.3 W9

SECTION 32.0 SPECIFICATIONS AND PRICING:

Vendor shall provide a firm, lump-sum price for all labor, materials, equipment, supervision, services, and other costs necessary to complete the Primrose Park Phase 2 Additional Bullpens project in accordance with the Scope of Work.

Total Cost for Primrose Park Phase 2 Additional Bullpens: $__________________

The quoted price shall be all-inclusive and shall remain firm for the duration of the Contract.

SECTION 33.0 PROJECT DURATION:

Initials: _____________ 14

The Vendor shall provide the anticipated time required to complete the project from the date of Notice to Proceed. The Vendor shall state the proposed number of calendar days required for completion of all work described in the Scope of Work.

Proposed Project Completion Time: __________ Calendar Days

The proposed completion time may be considered as part of the City’s evaluation of quotes. The Vendor shall ensure that the proposed completion time is realistic and achievable based on the requirements of the Scope of Work.

SECTION 34.0 AWARD:

The City reserves the right to reject any or all quotes, waive informalities, and award to the vendor determined to be the lowest and best vendor in accordance with Texas Local Government Code Chapter 252.

SECTION 35.0 SOLICITATION SCHEDULE:

PRELIMINARY PROJECT

CONFERENCE

September 2nd, 2026, 10:00

AM

The City of Fulshear City Hall

QUESTIONS DEADLINE September 9th, 2026, 10:00

AM

Via www.publicpurchase.com

SOLICITATION CLOSE September 22nd, 2026, 2:00

PM

Via www.publicpurchase.com

Initials: _____________ 15

CONTRACT SHEET

Quote No. 2026-045

THE STATE OF TEXAS

CITY OF FULSHEAR

This memorandum of agreement made and entered into on the ______ day of _________________________ , 20_______ , by and between the City of Fulshear in the State of Texas (hereinafter designated as the “City”), acting herein by City Manager, Zachary Goodlander, by virtue of an order of the City of Fulshear City Council, and ___________________________________________________ (hereinafter designated as “Contractor”).

WITNESSETH:

The Contractor and the City agree that the quote and specifications for the City of Fulshear 2026-045 Primrose Park Phase 2 Additional Bullpens which are attached hereto and made a part hereof, together with this instrument and the bond (when required) shall constitute the full agreement and contract between the parties and for furnishing the items set out and described;

the City agrees to pay the prices stipulated in the accepted quote.

It is further agreed that this contract shall not become binding or effective until signed by the parties hereto and a purchase order authorizing the items desired has been issued.

Executed at Fulshear, Texas this _______ day of _________________________ , 20_______ .

CITY OF FULSHEAR, TEXAS

By: _______________________________________________________ City Manager, Zachary Goodlander

Signature of Contractor

Printed Name and Title

Exhibit A

EXHIBIT A

Client Reference Form

1. Customer Name:

Business Type:

Business Address:

Contact Name:

Telephone:

Email:

Contract Length: Contract Value:

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Exhibit B

Scope of Work (SOW)

Primrose Park Phase 2: Additional Bullpens

Project Description

Provide all labor, equipment, materials, and installation services necessary to construct four (4) baseball bullpens across two (2) separate fields, with two (2) bullpens per field.

Three (3) bullpens shall measure approximately 64 feet 5 inches long by 10 feet wide, while one (1) bullpen shall measure approximately 50 feet long by 10 feet wide. All four bullpens shall include an 8-foot-tall fence surrounding the bullpen area and a concrete collar along the bottom perimeter. The proposed fence should match aesthetic and color of existing fencing.

Scope of Work

1. Site Preparation

• Coordinate with the owner/representative to confirm the exact location and orientation of each bullpen.

• Layout and mark the four bullpen areas prior to construction.

• Prepare and level the designated areas as necessary for installation.

• Remove or relocate minor surface obstructions that interfere with the work, as applicable.

• Establish proper grades and drainage to the extent reasonably achievable within existing site conditions.

2. Bullpen Construction

Construct a total of four (4) bullpens, consisting of:

• Field 1: Two (2) bullpens.

• Field 2: Two (2) bullpens.

• Three (3) bullpens: 64'-5" long x 10'-0" wide.

• One (1) bullpen: 50'-0" long x 10'-0" wide.

• All bullpens shall be constructed with an 8'-0" tall perimeter fence.

The approximate combined bullpen footprint is 2,436 square feet.

3. Concrete Perimeter Collar

• Furnish and install a concrete collar bordering the bottom perimeter of each bullpen.

• Concrete collar shall provide a durable transition between the bullpen area and surrounding field surface while helping define and protect the perimeter of the bullpen.

• Form, place, finish, and cure concrete in accordance with standard construction practices and applicable site conditions.

• Provide appropriate drainage openings/gaps at designated locations along the concrete perimeter to allow surface water to drain from the bullpen area and prevent water from being trapped by the concrete collar.

• Coordinate the location and size of drainage openings with the existing site grades and drainage conditions.

• Ensure drainage openings remain unobstructed and functional upon completion.

4. Fencing

• Furnish and install an 8-foot-tall fence surrounding each bullpen.

• Install fence posts, framework, fabric/netting, gates, hardware, and associated components required for a complete installation.

• Securely anchor fence posts and framework in accordance with standard installation practices and applicable site conditions.

• Provide appropriate access gates for each bullpen.

• Ensure fencing is plumb, level, properly tensioned, and securely fastened.

5. Finishing and Cleanup

• Inspect each bullpen upon completion to verify dimensions, fence height, alignment, concrete collar, drainage openings, and overall workmanship.

• Remove construction debris and excess materials generated by the installation.

• Leave each work area in a clean and usable condition.

• Repair minor disturbance to adjacent areas caused by construction activities, where applicable.

Materials

Unless otherwise specified by the owner or project plans, materials shall be new, commercially suitable for outdoor baseball-field use, and appropriate for the intended application. Final concrete specifications, fence type, post size, fabric/netting specifications, gate configuration, drainage-opening dimensions, anchoring method, and other material selections shall be confirmed prior to installation.

Exclusions

Unless specifically included in the final proposal or contract, the following are excluded:

• Major grading, excavation, or import/export of fill material.

• Drainage systems, underground drainage piping, catch basins, or other subsurface drainage improvements beyond the specified drainage openings in the concrete collar.

• Irrigation or relocation of underground utilities.

• Electrical work.

• Relocation of existing structures or major site improvements.

• Permitting or engineering fees.

• Baseball turf, pitching mounds, pitching rubbers, or other field equipment not specifically identified above.

Completion

Contractor shall furnish the necessary labor, standard equipment, materials, and installation services to complete the four bullpen enclosures, including the concrete perimeter collars and designated drainage openings, in a professional and workmanlike manner, subject to site conditions and final approved layout.

Total Quantity: 4 Bullpens Number of Fields: 2 Bullpens per Field: 2 Three Bullpens: 64'-5" L x 10'-0" W One Bullpen: 50'-0" L x 10'-0" W Fence Height: 8'-0" Concrete: Perimeter concrete collar at each bullpen with designated drainage openings

Exhibit C