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Home My WebLink AboutContract 62021LICENSE AGREEMENT FOR WORK PRODUCT RELATED TO WAGLEY ROBERTSON DESIGN-BUILD PROJECT (CPN 104154) CSC No. 62021 WHEREAS, on May 23, 2024, the City of Fort Worth, a Texas municipal corporation ("City"), received a proposal from Sundt Construction, Inc., ("Proposer") in response to a Request for Proposals issued on April 4, 2024 for the Wagley Robertson Design-Build Project (CPN 104154) ("Project"); and WHEREAS, the City, after evaluation and ranking, did not select Proposer for the Project; however, Proposer submitted a proposal with unique or non ordinary design elements, techniques, methods, or processes ("Work Product") that City desires to acquire; and WHEREAS, the City has offered a stipend to Proposer for the acquisition of its Work Product and Proposer has accepted said offer; NOW, THEREFORE: For and in consideration of the above recitals and the covenants and conditions contained herein, the City and the Proposer do hereby agree as follows: A.The stipend amount of $10,179.50, as further described in Attachment A hereto, has been accepted by Proposer. B.In exchange for the stipend, Proposer grants to City a license for the City's use of the Work Product contained in Proposer's proposal. C.The City may retain and use any or all parts of the Work Product under this grant of License. The City may make use of any Work Product contained in the proposal, including the techniques, methods, processes, and information contained therein. D.The use by the City of any design element contained in the Work Product is at the sole risk and discretion of the City and does not confer liability on the Proposer. E.City shall return to Proposer all other components of the proposal. ACCORDINGLY, the City, by its Assistant City Manager, and Proposer, by its duly authorized representative, have executed this instrument to be Work Product License Agreement -Wagley Robertson Page 1 of 3 effective as of the date subscribed by the City's Assistant City Manager. BY: City of Fort Worth Jesica McEachern Assistant City Manager Date: Sep 20, 2024 APPROVAL RECOMMENDED: By:Lau�en Prieur (Sep 20, 2024 07:05 CDT) Lauren Prieur, Director Transportation and Public Works Department APPROVED AS TO FORM AND LEGALITY By: Douglas Black (Sep 20, 202413:44 CDT) Douglas W. Black Sr. Assistant City Attorney ATTEST: Jannette S. Goodall City Secretary BY: Proposer Sundt Construction, Inc. Joseph D;ley (Aug 30, 2024 �02 CDT) Joe Dooley Sr. Vice President Texas Regional Manager, Transportation Group Date: Aug 30, 2024 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. DtUHd9. /;� David Kastendick, P.E. Sr. Project Manager Work Product License Agreement -Wagley Robertson Page 2 of 3 Attachment A— Stipend Offer Letter [follows] Work Product License Agreement - Wagley Robertson Page 3 of 3 �ORTWORTH� TRANSPORTATION AND PUBLIC WORKS August 20, 2024 Joe Dooley Senior Vice President, Texas Regional Manager, Transportation Group 8445 Freeport PI<wy, Suite 240 Irving, TX 75063 Re: CPN 104154 Wagley Robertson Progressive Design-Build Stipend Offer Dear Mr. Dooley, We appreciate the time and effort your team invested in the proposal for the Wagley Robertson Roadway Reconstruction Project from Coneflower Trail to Quicl<silver Trail (CPN 104154} under the progressive design-build solicitation. While we have decided to move forward with another firm for this project, we were impressed with the quality and innovations within your submission. In accordance with the Texas Government Code Section 2269, the City is offering a stipend of $10,179.50, which is one-half of one percent (0.5%) of the contract amount as the City desires to mal<e use of the worl< product contained in your proposal. Details of the Stipend Offer: • Stipend Amount: $10,179.50 Purpose: Compensation for possible use of ideas included in the submitted statement of qualifications and proposal. All unused portions of the proposal will be returned or destroyed. Please confirm your acceptance of this stipend offer by signing and returning a copy of this letter by 8/30/2024. We hope to have the opportunity to collaborate with your firm on future projects. Sincerely, ACCEPTANCE By Sundt Construction, Inc.: �� K � � David I<astendicl<, P.E. Senior Project Manager City of Fort Worth Department ofTransportation & Public Worlcs Capital Delivery Division 200 Texas Street ot9uauy sty�ed by �oe 000i�y oN: c=us, Joe Dooley E-;e°°°'°Y@s°°d"°m. 0=5undt ConsWdlon, CN=Joe �oo:ey Dafe: 2024.OB.20 1528:53-OS'00' Joe Dooley Senior Vice President Texas Regional Manager, Transportation Group Fort Worth, Texas 76102 104154-DBLA-Wagley Robertson Stipend Final Audit Report 2024-08-30 Created: 2024-08-30 By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Status: Signed Transaction ID: CBJCHBCAABAAaPoq1kouwy_IttSYRXVs76_bm56y7yjt "104154-DBLA-Wagley Robertson Stipend" History Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2024-08-30 - 6:57:57 PM GMT- IP address: 204.10.90.100 Document emailed to Joseph Dooley (jedooley@sundt.com) for signature 2024-08-30 - 6:59:47 PM GMT `: Email viewed by Joseph Dooley Qedooley@sundt.com) 2024-08-30 - 7:01:23 PM GMT- IP address: 104.47.74.126 ��:: Document e-signed by Joseph Dooley (jedooley@sundt.com) Signature Date: 2024-08-30 - 7:02:43 PM GMT - Time Source: server- IP address: 155.190.8.5 Document emailed to David Kastendick (david.kastendick@fortworthtexas.gov) for signature 2024-08-30 - 7:02:53 PM GMT ; Email viewed by David Kastendick (david.kastendick@fortworthtexas.gov) 2024-08-30 - 7:04:27 PM GMT- IP address: 204.10.90.100 :?E� Document e-signed by David Kastendick (david.kastendick@fortworthtexas.gov) Signature Date: 2024-08-30 - 7:06:00 PM GMT - Time Source: server- IP address: 204.10.90.100 � Agreement completed. 2024-08-30 - 7:06:00 PM GMT �� 1'1'd�i��'iy Pawered by � Adohe Acrobat 5ign FORT��RTH� Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Wagley Robertson Stipend M&C: N/A CPN: 104154 CSO: DOC#: Date: To: Name De artment Initials Date Out 1. Joe Dooley-Signature Sundt ,�`L Aug 30, 2024 2. David Kastendick-Signature TPW D� Aug 30, 2024 3. Raul Lopez-Review TPW i il 4. Lissette Acevedo-Review TPW " " 5. Patricia WadsackReview TPW " " 6. Lauren Prieur-Signature TPW ,, Sep 20, 2024 7. Doug Black-Signature Legal a Sep 20, 2024 8. Jesica McEachern-Signature CMO ,a' Sep 20, 2024 9. Jannette Goodall CSO �� Sep 20, 2024 10. TPW Contracts TPW CC: TPW BSPAP Recon Team, TPW Records Room, Michelle McCullough DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES �No RUSH: ❑YES �No SAME DAY: ❑YES �No NEXT DAY: ❑YES �No ROUTING TO CSO: �YES ❑No Action Required: ❑ As Requested ❑ For Your Information � Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(u�fortworthtexas.�ov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you!