CM-2026-124 - 5/1/2026 AGREEMENT BETWEEN THE CITY OF ROUND ROCK
AND MCKINNEY YORK ARCHITECTS
FOR ARCHITECTURAL SERVICES RELATED TO
SCULPTURE COORDINATION
THE STATE OF TEXAS §
§
THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS
§
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THIS AGREEMENT for architectural services related to sculpture coordination for the
Chi y glass sculpture installation (the "Agreement'), is made on this I!. day of
, 2026, by and between the CITY OF ROUND ROCK, a Texas home-rule
munici 1 corporation with offices located at 221 East Main Street, Round Rock, Texas 78664-
5299 (the "City"), and MCKINNEY YORK ARCHITECTS, located at 1307 East 7th Street,
Austin,Texas 78702 (the"Architect").
RECITALS:
WHEREAS, City has determined that it has a need for architectural services related to
sculpture coordination for the Chihuly glass sculpture installation,hereinafter"Services"; and
WHEREAS, City desires to contract with Architect said Services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder.
NOW, THEREFORE, in consideration of the mutual promises contained herein and
other good and valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, it is mutually agreed between the parties as follows:
1.0 EFFECTIVE DATE,DURATION,AND TERM
A. This Agreement shall be effective on the date set forth in the introductory
paragraph above and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein,or is terminated as provided herein.
B. The term of this Agreement shall commence upon execution and terminate upon
full and satisfactory completion of the work specified herein is achieved, with an estimated
completion date of twenty (20) working days after the City issues a written authorization to
proceed.
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C. City and the Architect reserve the right to review the Agreement at any time and
may elect to terminate the Agreement with or without cause.
2.0 SCOPE OF SERVICES
A. Architect has provided its proposal for Services, such proposal for Services being
attached hereto as Exhibit "A" titled "Scope of Services," which shall be referred to as the
Scope of Services of this Agreement and incorporated herein by reference for all purposes.
B. Architect shall satisfactorily provide all Services described herein and as set forth
in Exhibit "A." Architect's undertaking shall be limited to performing Services for City and/or
advising City concerning those matters on which Architect has been specifically engaged.
Architect shall perform the Services in accordance with this Agreement in a professional and
workmanlike manner.
3.0 LIMITATION TO SCOPE OF SERVICES
Architect's undertaking shall be limited to performing the Services for City and/or
advising City concerning those matters on which Architect has been specifically engaged.
Architect and City agree that the Services to be performed is enumerated in Exhibit "A," and
may only be modified by a written Supplemental Agreement executed by both parties as
described in Section 9.0.
4.0 CONTRACT AMOUNT
A. In consideration for providing the Services, Architect shall be paid in accordance
with the not-to-exceed Fee set forth in Exhibit"A."
B. Architect's total compensation for Services hereunder shall not exceed $4,900.00.
This amount represents the absolute limit of City's liability to Architect hereunder unless same
shall be changed by Supplemental Agreement, and City shall pay, strictly within the not-to-
exceed sum recited herein.
5.0 INVOICE REQUIREMENTS AND TERMS OF PAYMENT
A. Invoices: To receive payment, Architect shall prepare and submit detailed
invoices to the City, in accordance with the delineation contained herein, for Services rendered.
Such invoices for Services shall track the referenced Scope of Work, and shall detail the Services
performed, along with documentation for each service performed. Payment to Architect shall be •
made on the basis of the invoices submitted by Architect and approved by the City. Such
invoices shall conform to the schedule of services and costs in connection therewith.
B. Backup Material. Should additional backup material be requested by the City
relative to Services, Architect shall promptly comply. In this regard, should the City determine it
necessary, Architect shall make all records and books relating to this Agreement available to the
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City for inspection and auditing purposes.
C. Payment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Architect and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice,the City shall endeavor to pay
Architect promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 7 herein.
D. Taxes. The City is exempt from Federal Excise and State Sales Tax. Therefore,
such taxes shall not be included in Architect's invoices.
6.0 INSURANCE
Architect shall meet all City of Round Rock Insurance Requirements set forth at:
https://www.roundrocktexas.gov/wp-content/uploads/2024/12/CORR-Insurance-08-2024 pdf
7.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by the City to Architect will be made within thirty (30) days of the date the performance of
the Services under this Agreement are completed, or the date the City receives a correct invoice
for the Services, whichever is later. Architect may charge interest on an overdue payment at the
"rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in
accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment
Policy does not apply to payments made by the City in the event:
(1) There is a bona fide dispute between the City and Architect, a contractor,
subcontractor, or supplier about the service performed that cause the payment
to be late; or
(2) There is a bona fide dispute between Architect and a subcontractor or between
a subcontractor and its supplier about the service performed that causes the
payment to be late; or
(3) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(4) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
8.0 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
Services as determined by the City's budget for the fiscal year in question. The City may affect
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such termination by giving Architect a written notice of termination at the end of its then- current
fiscal year.
9.0 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if the City determines that there
has been a significant change in (1) the scope, complexity, or character of the Services to be
performed; or(2)the duration of the work. Any such Supplemental Agreement must be executed
by both parties within the period specified as the term of this Agreement. Architect shall not
perform any work or incur any additional costs prior to the execution, by both parties, of such
Supplemental Agreement. Architect shall make no claim for extra work done or materials
furnished unless and until there is full execution of any Supplemental Agreement, and the City
shall not be responsible for actions by Architect nor for any costs incurred by Architect relating
to additional work not directly authorized by Supplemental Agreement.
10.0 TERMINATION AND DEFAULT
A. Termination: It is agreed and understood by Architect that the City may
terminate this Agreement for the convenience of the City, upon written notice to Architect (the
"Date of Termination,") with the understanding that immediately upon receipt of said notice all
work being performed under this Agreement shall cease. Architect shall invoice the City for
work satisfactorily completed and shall be compensated in accordance with the terms hereof for
work accomplished prior to termination. Architect shall not be entitled to any lost or anticipated
profits for work terminated under this Agreement. Unless otherwise specified in this Agreement,
all data, information, and work product related to this Project shall become the property of the
City upon termination of this Agreement and shall be promptly delivered to the City in a
reasonably organized form without restriction on future use. Should the City subsequently
contract with a new Architect for continuation of service on the Project,Architect shall cooperate
in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
terminating party and the terminated party to fulfill contractual obligations. Termination under
this section shall not relieve the terminated party of any obligations or liabilities which occurred
prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
B. Default: Either party may terminate this Agreement, in whole or in part, for
default if the party provides the other party with written notice of such default and the other fails
to satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the parties).
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If default results in termination of this Agreement, then the City shall give consideration
to the actual costs incurred by Architect in performing the work to the date of default. The cost
of the work that is useable to the City,the cost to the City of employing another firm to complete
the useable work, and other factors will affect the value to the City of the work performed at the
time of default. Neither party shall be entitled to any lost or anticipated profits for work
terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating party and the terminated party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
11.0 INDEPENDENT CONTRACTOR STATUS
Architect is an independent contractor and is not the City's employee. Architect's
employees or subcontractors are not the City's employees. This Agreement does not create a
partnership, employer-employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Architect and the City agree to the following rights
consistent with an independent contractor relationship:
(1) Architect has the right to perform services for others during the term hereof.
(2) Architect has the sole right to control and direct the means,manner and method
by which it performs its Services required by this Agreement.
(3) Architect has the right to hire assistants as subcontractors, or to use employees to
provide the services required by this Agreement.
(4) Architect or its employees or subcontractors shall perform Services required
hereunder, and the City shall not hire, supervise, or pay assistants to help
Architect.
(5) Neither Architect nor its employees or subcontractors shall receive training from
the City in skills necessary to perform Services required by this Agreement.
(6) City shall not require Architect or its employees or subcontractors to devote full
time to performing the Services required by this Agreement.
(7) Neither Architect nor its employees or subcontractors are eligible to participate in
any employee pension, health, vacation pay, sick pay, or other fringe benefit plan
of the City.
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12.0 CONFIDENTIALITY AND MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by Architect
in connection with the Services to be performed under this Agreement, and any and all data and
information gathered by Architect, shall be held in confidence by Architect as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City
Architect's proprietary software,tools, methodologies,techniques, ideas, discoveries, inventions,
know-how, and any other information which reasonably should be understood to be confidential
to Architect is confidential information of Architect. The City's confidential information and
Architect's confidential information is collectively referred to as "Confidential Information."
Each party shall use Confidential Information of the other party only in furtherance of the
purposes of this Agreement and shall not disclose such Confidential Information to any third
party without the other party's prior written consent, which consent shall not be unreasonably
withheld. Each party agrees to take reasonable measures to protect the confidentiality of the
other party's Confidential Information and to advise their employees of the confidential nature of
the Confidential Information and of the prohibitions herein.
Notwithstanding anything to the contrary contained herein, neither party shall be
obligated to treat as confidential any information disclosed by the other party (the "Disclosing
Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing
Party; (2) is released by the Disclosing Party to any other person or entity (including
governmental agencies) without restriction; (3) is independently developed by the recipient
without any reliance on Confidential Information; or (4) is or later becomes publicly available
without violation of this Agreement or may be lawfully obtained by a party from any non-party.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information
of the other to a third party as may be required by law, statute, rule or regulation, including
subpoena or other similar form of process, provided that (without breaching any legal or
regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Architect's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit Architect from providing similar services for other clients.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential
Information of the other to a third party as may be required by law, statute, rule or regulation,
including subpoena or other similar form of process, provided that (without breaching any legal
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or regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Architect's confidentiality obligations under this Agreement.
Neither the City nor Architect will be liable to the other for inadvertent or accidental
disclosure of Confidential Information if the disclosure occurs notwithstanding the party's
exercise of the same level of protection and care that such party customarily uses in safeguarding
its own proprietary and confidential information.
Notwithstanding anything to the contrary in this Agreement, the City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
the City and delivered to the City under the terms of this Agreement (the "Deliverables"); and
Architect shall own any general skills, know-how, expertise, ideas, concepts, methods,
techniques, processes, software, or other similar information which may have been discovered,
created, developed or derived by Architect either prior to or as a result of its provision of
Services under this Agreement (other than Deliverables). Architect shall have the right to retain
copies of the Deliverables and other items for its archives. Architect's working papers and
Architect's Confidential Information (as described herein) shall belong exclusively to the
Architect. "Working papers" shall mean those documents prepared by Architect during the
course of performing the Project including, without limitation, schedules, analyses,
transcriptions, memos, designed and developed data visualization dashboards and working notes
that serve as the basis for or to substantiate the Project. In addition, Architect shall retain sole
and exclusive ownership of its know-how, concepts,techniques, methodologies, ideas,templates,
dashboards, code and tools discovered, created or developed by Architect during the
performance of the Project that are of general application and that are not based on City's
Confidential Information hereunder (collectively, "Architect's Building Blocks"). To the extent
any Deliverables incorporate Architect's Building Blocks, Architect gives City a non-exclusive,
non-transferable, royalty-free right to use such Building Blocks solely in connection with the
deliverables. Subject to the confidentiality restrictions mentioned above, Architect may use the
deliverables and the Building Blocks for any purpose. Except to the extent required by law or
court order, City will not otherwise use, or sublicense or grant any other party any rights to use,
copy or otherwise exploit or create derivative works from Architect's Building Blocks.
City shall have a non-exclusive, non-transferable license to use Architect's Confidential
Information for City's own internal use and only for the purposes for which they are delivered to
the extent that they form part of the Deliverables.
13.0 WARRANTIES
Architect represents that all Services performed hereunder shall be performed consistent
with generally prevailing professional or industrial standards and shall be performed in a
professional and workmanlike manner. Architect shall re-perform any work not in compliance
with this representation.
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14.0 LIMITATION OF LIABILITY
Should any of Architect's services not conform to the requirements of the City or of this
Agreement, then and in that event the City shall give written notification to Architect; thereafter,
(a) Architect shall either promptly re-perform such Services to the City's reasonable satisfaction
at no additional charge, or (b) if such deficient Services cannot be cured within the cure period
set forth herein,then this Agreement may be terminated for default.
In no event will Architect be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the City, its directors, employees or
agents.
Neither party's liability, in contract, tort (including negligence) or any other legal or
equitable theory, (a) shall exceed the professional fees paid or due to Architect pursuant to this
Agreement or (b) include any indirect, incidental, special, punitive or consequential damages,
even if such party has been advised of the possibility of such damages. Such excluded damages
include,without limitation, loss of data, loss of profits and loss of savings of revenue.
15.0 INDEMNIFICATION
Architect shall save and hold harmless City and its officers and employees from all
claims and liabilities due to activities of his/her/itself and his/her/its agents or employees,
performed under this Agreement, which are caused by or which result from the negligent error,
omission, or negligent act of Architect or of any person employed by Architect or under
Architect's direction or control.
Architect shall also save and hold City harmless from any and all expenses, including
but not limited to reasonable attorneys' fees which may be incurred by City in litigation or
otherwise defending claims or liabilities which may be imposed on City as a result of such
negligent activities by Architect, its agents, or employees.
16.0 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval,which approval shall not be unreasonably withheld.
17.0 LOCAL,STATE,AND FEDERAL TAXES
Architect shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing Services under this Agreement. The City will not do the following:
(1) Withhold FICA from Architect's payments or make FICA payments on its behalf;
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(2) Make state and/or federal unemployment compensation contributions on
Architect's behalf; or
(3) Withhold state or federal income tax from any of Architect's payments.
If requested, the City shall provide Architect with a certificate from the Texas State
Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
18.0 COMPLIANCE WITH LAWS, CHARTER,AND ORDINANCES
A. Architect, its Architects, agents, employees and subcontractors shall use best
efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the
City of Round Rock, as amended, and with all applicable rules and regulations promulgated by
local, state and national boards, bureaus and agencies. Architect shall further obtain all permits,
licenses, trademarks, or copyrights required in the performance of the Services contracted for
herein,and same shall belong solely to the City at the expiration of the term of this Agreement.
B. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2)will not boycott
Israel during the term of a contract. The signatory executing this Agreement on behalf of
Architect verifies Architect does not boycott Israel and will not boycott Israel during the term of
this Agreement.
C. In accordance with Chapter 2274, Texas Government Code, a governmental entity
may not enter into a contract with a company with at least ten (10) full-time employees for a
value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract
has a provision verifying that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The signatory
executing this Agreement on behalf of Architect verifies Architect does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association, and it will not discriminate during the term of this Agreement against a firearm
entity or firearm trade association.
D. In accordance with Chapter 2274,Texas Government Code, a governmental entity
may not enter into a contract with a company with at least ten (10) full-time employees for a
value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract
has a provision verifying that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement. The signatory executing this Agreement on
behalf of Architect verifies Architect does not boycott energy companies, and it will not boycott
energy companies during the term of this Agreement.
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19.0 FINANCIAL INTEREST PROHIBITED
Architect covenants and represents that Architect, its officers, employees, agents,
Architects and subcontractors will have no financial interest, direct or indirect, in the purchase or
sale of any product, materials or equipment that will be recommended or required hereunder.
20.0 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act on its behalf
with regard to this Agreement:
Scot Wilkinson
Director of Arts and Culture
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
swilkinson(a,roundrocktexas.gov
21.0 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address or email address as below; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated below.
Notice to Architect:
McKinney York Architects
1301 East 7th Street
Austin, TX 78702
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephanie L. Sandre, City Attorney
309 East Main Street
Round Rock, TX 78664
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Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Architect.
22.0 APPLICABLE LAW,ENFORCEMENT,AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of Texas.
23.0 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties expressly
agree that, in the event of any conflict between the terms of this Agreement and any other
writing,this Agreement shall prevail. No modifications of this Agreement will be binding on any
of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
24.0 DISPUTE RESOLUTION
The City and Architect hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute.
25.0 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.0 STANDARD OF CARE
Architect represents that it is specially trained, experienced and competent to perform all
of the Services, responsibilities and duties specified herein and that such Services,
responsibilities and duties shall be performed, whether by Architect or designated subArchitects,
in a manner acceptable to the City and according to generally accepted business practices.
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27.0 GRATUITIES AND BRIBES
City, may by written notice to Architect, cancel this Agreement without incurring any
liability to Architect if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Architect or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Architect may be subject to penalties stated in Title
8 of the Texas Penal Code.
28.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
29.0 MISCELLANEOUS PROVISIONS
(A) Time is of the Essence. Architect agrees that time is of the essence and that any
failure of Architect to complete the Services for each Phase of this Agreement within the agreed
Project schedule may constitute a material breach of the Agreement.
Architect shall be fully responsible for its delays or for failures to use reasonable efforts
in accordance with the terms of this Agreement. Where damage is caused to City due to
Architect's failure to perform in these circumstances, City may withhold, to the extent of such
damage, Architect's payments hereunder without a waiver of any of City's additional legal rights
or remedies. City shall render decisions pertaining to Architect's work promptly to avoid
unreasonable delays in the orderly progress of Architect's work.
(B) Force Majeure. Notwithstanding any other provisions hereof to the contrary, no
failure, delay or default in performance of any obligation hereunder shall constitute an event of
default or breach of this Agreement, only to the extent that such failure to perform, delay or
default arises out of causes beyond control and without the fault or negligence of the party
otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts
of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural
disasters or other casualties, strikes or other labor troubles, which in any way restrict the
performance under this Agreement by the parties.
(C) Section Numbers. The section numbers and headings contained herein are
provided for convenience only and shall have no substantive effect on construction of this
Agreement.
(D) Waiver. No delay or omission by either party in exercising any right or power
shall impair such right or power or be construed to be a waiver. A waiver by either party of any
of the covenants to be performed by the other or any breach thereof shall not be construed to be a
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waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
(E) Multiple Counterparts. This Agreement may be executed in multiple
counterparts, which taken together shall be considered one original. The City agrees to provide
Architect with one fully executed original.
[Signatures on the following page.]
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
McKinney Y Architects
By:
Printed Name: Brian Carlson,AIA
Title: Principal
Date Signed: 04/29/2026
City of Round Rock,T xn
By:
Printed Name: Brooks eon t
Title: Crhj Rar '(
Date Signed: 5 I 1 1 O2fa
For City,Attest:
By: 6v„..., ,a
Ann Franklin, City Clerk
For City,Approved as to Form:
By:
tephanie L. Sandre, City Attorney
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Exhibit"A"
Scope of Services
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MCKINNEY YORK
architects March 18,2026
Scot S.Wilkinson
Director of Arts and Culture
City of Round Rock
221 East Main Street
Round Rock,Texas 78664
Transmitted via email to:swilkinson@roundrocktexas.gov
Re: Proposal for Sculpture Coordination
Located at:
Round Rock Griffith Building and Paseo
216 and 212 E. Main Street
Round Rock,Texas 78664
Dear Mr. Wilkinson,
As requested, McKinney York Architects presents for your consideration the following
proposal for design services for structural support of the Chihuly glass sculpture from the
roof structure of the Griffith Building art gallery.
Scope of Work
Structural detailing and Architectural coordination of sculpture support with Chihuly Studio.
Structural Engineer shall review existing roof joists for their ability to support the chandelier,
provide joist reinforcement details if required, design and provide sealed details of
connection of chandelier to the existing roof joists for construction. Engineer shall be
available for up to one site visit during construction/installation if requested by Owner.
Schedule
The design services described herein shall be completed within:
E. 20 working days of Owner's written authorization to proceed.
Compensation
For the services described herein,the Owner shall compensate the Architect as follows:
Stipulated Not-to-Exceed (NTE)Sum of$4,900
Very truly yours,
Brian Carlson,McKinney York Architects
1301 E 7`h St,Austin,TX 78702 I ph 512 476 0201 I www.mckinneyyork.com 1 of 1