R-2025-337 - 12/18/2025 RESOLUTION NO. R-2025-337
WHEREAS, the City of Round Rock ("City") desires to commission an original piece of
Artwork designed by Dale Chihuly for installation at the Griffith Building, Art Gallery located at 216
East Main Street, Round Rock, TX 78664; and
WHEREAS, the City wishes to commission the creation of the Artwork from Chihuly Studio;
and
WHEREAS, Section 252.022(a)(4) allows exemptions to competitive bidding requirements for
procurements for personal, professional, or planning services; and
WHEREAS, the City Council desires to enter into an agreement with Chihuly Studio, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an Artwork
Commission Agreement with Chihuly Studio, a copy of same being attached hereto as Exhibit"A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551,Texas Government Code, as amended.
RESOLVED this 18th day of December, 2025.
i
CRAG MO GAN, Mayor
City bf Rou d Rock,Texas
ATTEST:
ANN FRANKLIN, City Clerk
0112.20252:4925-8511-9616
EXHIBIT
CHIHULY A
STUDIO
ARTWORK COMMISSION AGREEMENT
This Artwork Commission Agreement("Agreement") is entered into on ("Effective Date")
between Chihuly, Inc.,a Washington corporation, dba Chihuly Studio("Chihuly"),and City of Round
Rock with a mailing address of 221 East Main Street, Round Rock TX 78664("Client") (Chihuly and Client
together the"parties"and each a "party").
Recitals
A. Client desires to commission an original piece of Artwork(defined below) designed by Dale
Chihuly("Artist")for installation at the Griffith Building,Art Gallery located at 216 East Main
Street, Round Rock,TX 78664(the"Site").
B. Artist has proposed a design for the Artwork,as more fully identified in Exhibit A attached, and
Client has accepted such proposal.
C. Capitalized terms that are not defined in the body of this Agreement may be defined in the
Terms and Conditions which are attached to this Agreement.
Accordingly,the parties agree as follows:
Agreement
1. Commission. Client hereby commissions a Chandelier measuring approximately 9'H x 6'W x 6'D,
designed by the Artist(the"Artwork")for installation at the Site and Chihuly and Artist hereby
accept such Commission under the terms of this Agreement.
2. Chihuly Obligations.Chihuly will perform in accordance with this Agreement and the attached
Schedule 1,which is incorporated herein by reference.
3. Client Obligations.Client will perform in accordance with this Agreement and the attached Schedule
2 which is incorporated herein by reference.
4. Pricing;Terms of Payment.
4.1. Client will make timely and complete payment to Chihuly for the Artwork,all installation work,
shipping costs and other related costs as described in this Section 4,and all additional costs and
adjustments for Change Orders as stated in the attached Terms and Conditions,which are
incorporated herein by reference.
4.2. The value of the Artwork is four hundred thousand US Dollars [USD$400,000].The purchase
price of the Artwork is$340,000.The total purchase price of the Artwork and installation is
three hundred and sixty thousand US dollars [USD$360,000] (the"Total Purchase Price").
Client will make payments to Chihuly in accordance with the terms of the Chihuly invoice which
will be issued on the following schedule:
a) a deposit of one hundred and eighty thousand US dollars [USD$180,000] (the
"Deposit") upon signing this Agreement;
b) a payment of one hundred and forty-four thousand US dollars [USD$144,000]
within ten(10)days following the scheduled review date for the Mock-up; and
City of Round Rock Artwork Commission Agreement-Page 1
CHIHULY
STUDIO
C) the remaining balance of thirty-six thousand US dollars [USD$36,000] upon
completion of the installation of the Artwork at the Site.
4.3. Shipping costs: (normally via surface freight unless Chihuly and Client determine timelines
require air freight),together with any regulatory procedural expenses associated with shipping
or export of the Artwork that are incurred by Chihuly are Client's responsibility and are not
included in the Total Purchase Price; provided however,that Chihuly will be responsible for any
additional shipping costs incurred as a result of a delay by Chihuly as set forth in Paragraph
I(b)(i)of the Terms and Conditions.A written shipping estimate will be provided to Client.The
costs described in this Section 4.3 are due and payable by Client when and as invoiced in
writing by Chihuly.
4.4. Without limiting Sections 4.3,the Total Purchase Price does not include, and Client will be
solely responsible for any sales,value added or similar turnover taxes or charges applicable to
the sale and purchase of the Artwork or delivery of the Artwork to Client. Chihuly will invoice
Client for those taxes where Chihuly is required to collect or pay them to the applicable taxing
authority,and such taxes shall be due and payable when and as invoiced in writing by Chihuly.
Each party will be responsible for any taxes based on its net income.
4.5. Change Order payment adjustments made pursuant to Paragraph I(c)of the Terms and
Conditions,and items requested by Client(and agreed to by Chihuly)or identified herein as
additional Client expenses in accordance with the Terms and Conditions, are due and payable
by Client when and as invoiced in writing by Chihuly.
4.6. There will be a four percent(4%)service charge to Client on all payments made by credit card.
Wire instructions will be provided.To the extent any amount payable hereunder is not paid by
Client within thirty(30)days of receipt by Client of a written invoice for such amount, such
amount will accrue interest at a rate of one percent(1%) per month (12%per annum) until paid
(or the maximum interest rate allowed by applicable law,whichever is lower).
4.7. All references to dollar amount in this Agreement and in any invoices issued to Client are to
U.S. Dollars.
S. Project Team and Authorized Representatives. Client represents that Exhibit B accurately and
completely sets forth: (a)the names,companies,and contact information for Client's employees,
project managers, professional advisers, shipping agents or brokers,Site staff,and other agents who
will be involved in carrying out Client's obligations under this Agreement(together,the"Project
Team")and (b)the qualified professionals or project managers with authority to represent Client in
connection with(i)this Agreement, (ii)executing Change Orders and other documents and (iii)
approving schedule changes and extra costs("Authorized Representatives").
6. Entire Agreement.This Agreement, including the attached exhibits,the Terms and Conditions,and
schedules, all of which are incorporated herein by reference,constitute the entire agreement
between the parties and supersedes all prior oral and written understandings between the parties
with respect to the subject matter of this Agreement.
signature page follows
City of Round Rock Artwork Commission Agreement-Page 2
The parties have executed this Agreement as of the Effective Date.
Chihuly, Inc. Client:City of Round Rock
dba Chihuly Studio
By: z By:
Marney Zellers Name:Craig Morgan
Chief Financial Officer Title: Mayor
Attn: Keri Schroeder 221 East Main Street
1111 NW 50th Street Round Rock,TX 78664
Seattle,WA 98107
T: 206.781.8707 T:512-671-2705
Email: keris@chihuly.com Email: madams@roundrocktexas.gov
City of Round Rock Artwork Commission Agreement-Page 3
Exhibit A
(Images and drawings attached are not final representations of the Artwork
and actual color and form may vary)
�f
+ R
1
City of Round Rock Artwork Commission Agreement-Page 4
Exhibit B
CLIENT'S PROJECT TEAM AND AUTHORIZED REPRESENTATIVES
Name: Scot Wilkinson Title/Relationship: Director of Arts and Initial to confirm
Culture
this party is an
Company: City of Office Phone: 512-671-2705 Authorized
Round Rock
Representative
Cell Phone: 737-775-5669 Office Fax:
Email:
swilkinson@roundroc
ktexas.gov
Name:Sara Bustilloz Title/Relationship: Director of Initial to confirm
Communications
this party is an
Company:City of Office Phone: 512-218-5447 Authorized
Round Rock
Representative
Cell Phone: Office Fax:
Email:
sbustilloz@roundrockt
exas.eov
Name: Title/Relationship: Initial to confirm
this party is an
Company: Office Phone: Authorized
Representative
Cell Phone: Office Fax:
Email:
Name: Title/Relationship: Initial to confirm
this party is an
Company: Office Phone: Authorized
Representative
Cell Phone: Office Fax:
Email:
City of Round Rock Artwork Commission Agreement-Page 5
Authorized Representatives are the qualified professionals or project managers with authority to represent
Client in connection with (i) this Agreement, (ii) executing Change Orders and other documents, and (iii)
approving schedule changes and extra costs. Please note in particular those with authority to approve
design or design changes.
TERMS AND CONDITIONS
I.Schedule Changes;Change Orders. (iii)Chihuly and Client will work together in good
(a) Site Visits. Pre-Installation site visit(s) will be faith to select a mutually agreeable date for the
scheduled if site conditions require a visit in Chihuly's Confirmed Install Date. Client waives any claims or
professional judgement or at Client's request. If damages due to Clients' request to reschedule the
applicable, Client will pay Chihuly's out-of-pocket Confirmed Install Date.
costs for up to two Chihuly representatives for Site (c) Change Orders. Chihuly will notify Client if any
visits(including without limitation coach class airfare, requested changes or Site conditions will affect
lodging,and meals or per diem). Chihuly's work.If changes will result in an adjustment
(b)Rescheduling Costs. to the price or fees set forth in this Agreement, the
parties will document such changes in a writing
(i) If the Confirmed Install Date is rescheduled signed by Client or one of Client's Authorized
due to Client request or Site conditions,Client will be Representatives ("Change Orders"). Any Change
responsible for all costs associated with rescheduling Orders or Client-caused schedule changes may
travel for the Chihuly team including airfare change require changes in Chihuly's schedule and the
fees, additional airfare costs, increased or additional Confirmed Install Date, and Chihuly will notify Client
hotel charges and automobile rentals and fees, and of potential schedule changes when necessary.
subcontractor and consultant charges, as well as all
other incidental and consequential costs incurred by II. Risk of loss; Insurance. All risk of loss of the
Chihuly. If the Confirmed Install Date is rescheduled Artwork and its elements,including but not limited to
due to a delay by Chihuly(and such delay is not due damage, theft, or loss and all incidental and
to a Client request,Site conditions,or a force majeure consequential damages, regardless of any negligence
event),then Chihuly shall be responsible for all costs or fault of Chihuly or its agents or employee, will
incurred by Chihuly in rescheduling the Confirmed transfer from Chihuly to Client upon the earliest of
Install Date. delivery of the Artwork to the Site or Client's storage
location, regardless of any negligence or fault of
(ii)If,due to Client request or Site conditions,the Chihuly or its agents or employees. Chihuly
Confirmed Install Date is rescheduled within fourteen recommends Client obtain insurance against such loss
(14)days before the Confirmed Install Date,Client will or damage.If any element of the Artwork is damaged
pay Chihuly a rescheduling fee of five thousand US by Chihuly while the Chihuly team is installing the
dollars(USD$5,000)in addition to the costs described Artwork,Chihuly will replace the elements at its own
in Paragraph I(b)(i) above. Client will pay the cost. Title to the Artwork transfers to Client after
rescheduling fee and costs prior to rescheduling the Chihuly installs the Artwork at the Site and Chihuly
new Confirmed Install Date. Chihuly and Client will receives full payment of all amounts due from the
schedule a new Confirmed Install Date only after Client in accordance with the terms of this
Client provides Chihuly with written confirmation and Agreement.
photographic evidence, as may be requested by
Chihuly, that the Site is fully prepared and clean. III. Warranty. Chihuly warrants to Client good,
Chihuly will exercise commercially reasonable efforts marketable title to the Artwork,free and clear of all
to mitigate any damages or costs incurred as a result liens,claims and encumbrances,reserving only those
of the rescheduling described herein. rights set forth below in Paragraph VII (Intellectual
Property Rights). Chihuly warrants to Client that the
City of Round Rock Artwork Commission Agreement-Page 6
Artwork will be free of defects in materials and out of or damage caused by penetrations,
workmanship for a period of twelve(12)months from attachments, other work related to the preparation
the date of installation of the Artwork at the Site of the Site or Structural Support System for the
("Warranty"). Except for the foregoing warranty, Artwork's installation or any actions or inaction by
Chihuly disclaims,and Client hereby waives,all other Client's officers, directors, agents, employees,
express and implied warranties, including statutory contractors,architects,or engineers directly affecting
warranties, warranties of merchantability or the Artwork, or any Special Conditions (defined in
warranties of fitness for a particular purpose, and Schedule 2) at the Site. Client further waives any
warranties arising from course of performance, claims against Chihuly, its officers, directors, agents,
course of dealing,or usage of trade to the extent that employees,successors,and assigns,for diminution in
such warranties may be waived by contract. The value of the Artwork or any variation from the
express Warranty relating to defects in materials and Artwork description in Exhibit A if such claim(s) arise
workmanship to the Artwork will be limited to the out of Client's failure to fully and timely perform any
Artwork itself and will not include any warranty for of its obligations.
defects in materials or workmanship at the point of V. Confidentiality. Except as otherwise required by
connection of the Artwork to Client's existing law, Client shall treat this Agreement and the terms
architecture, which shall be the responsibility of contained herein, as well as any non-public data or
Client. In addition,the express warranties relating to information (whether oral or written) disclosed by
defects in materials and workmanship will be void (i) Chihuly to Client (collectively, "Confidential
in the event the Artwork is disassembled, moved, or Information"), as strictly confidential and shall not
modified by anyone other than Chihuly and (ii)to the disclose or make available such Confidential
extent any failure of the Artwork is caused by or Information to any third party without the prior
related,in whole or in part,to improper maintenance written consent of Chihuly. Client shall not use any
of the Artwork or failure of the Structural Support Confidential Information other than for the purpose
System (defined in Schedule 1). In the event of any
of exercising its rights or performing its obligations
breach of warranty due to a defect in materials or
under this Agreement. Notwithstanding the
workmanship, Client's sole remedy will be the
replacement of the defective element or Artwork by foregoing, Client may,on a strict need-to-know basis
Chihuly. and subject to confidentiality obligations that are at
least as restrictive as those in this Agreement (i)
IV. Release and Indemnification.Except for Chihuly's disclose the terms of this Agreement to its legal
obligations under Paragraph III above(Warranty),and advisors, financial advisors, and Authorized
except to the proportional extent caused by Chihuly's Representatives, and (ii) provide Schedule 1 and
negligence or willful misconduct, Client releases and Schedule 2 to its personnel involved with work arising
agrees to defend, indemnify, and hold harmless out of or related to installation of the Artwork. For
Chihuly and its officers,directors,agents,employees, clarity,Confidential Information shall not include any
successors,and assigns from and against any claims, information that is or becomes available to or
demands, settlements, judgments, liabilities, losses, generally known to the public(other than as a result
suits, and expenses (whether arising by tort,statute, of a disclosure,or any other act or omission,by Client
contract, or otherwise), including reasonable in breach of this Agreement).
attorneys' fees (collectively "losses"), arising out of VI. Force Majeure. Chihuly will not be liable for any
or relating to the Artwork, the installation thereof, damages to any individual or entity,or deemed to be
the conditions of the Site, any condition, failure of, in default of this Agreement,for any delay or failure
defect in, or inadequacy of the structures at the Site of performance under this Agreement or interruption
or Client's written specifications, any condition, of service resulting directly or indirectly from acts of
failure of, defect in, or inadequacy of the Structural nature, public health emergencies at the Site or in
Support System, any willful misconduct or negligent Seattle,civil or military authority,governmental acts,
act or omission of Client,its officers,directors,agents, customs procedures and delays, orders or
employees, contractors, architects and engineers, restrictions, acts of public enemy, war, riots, civil
and/or any breach of this Agreement by Client.Client disturbances, terrorism, vandalism, accidents, fire,
further releases and agrees to defend and indemnify explosions, earthquakes, storms, floods, the
Chihuly and its officers,directors,agents,employees, elements, strikes, lockouts, labor disturbances,
successors, and assigns from additional costs arising shortages of suitable materials, labor or
City of Round Rock Artwork Commission Agreement-Page 7
transportation, delays caused by suppliers, delays under this Agreement or at law, may (a) terminate
caused by contractors or sub-contractors, delays this Agreement by written notice, and (b) retain the
caused by public agencies such as permitting, delays Deposit received from Client and Chihuly's
caused by freight carriers, delays or damage caused documented out of pocket costs as damages and not
by Client or its agents, or any other cause beyond a penalty and return to Client any other payments
Chihuly's reasonable control. In addition,Chihuly will received. Upon termination of the Agreement,Client
not be liable for any damages to any individual or will have no further claim to or right in the Artwork.
entity,or deemed to be in default of this Agreement, X.Miscellaneous.
for any delay or failure of performance under this
Agreement or interruption of service resulting (a) Amendment. This Agreement may be amended
directly or indirectly from delays or damages by Client only by a writing signed by both parties.
or its agents. Chihuly will use commercially (b) No Assignment. Except as otherwise provided in
reasonable efforts to remove any force majeure
causes and to resume performance when such causes this Agreement, neither party may assign its
obligations, duties, or rights voluntarily, involuntary,
are removed.
or by operation of law without the express written
VII. Intellectual Property Rights; Rights Reserved. consent of the other party, and any attempt at
Chihuly reserves all intellectual property rights assignment in the absence of such consent will be
(copyright, trademark, etc.) in the Artwork in all void. The foregoing notwithstanding, Chihuly may,
jurisdictions. Image reproduction rights may be without Client's consent, make such assignment to
obtained through a separate license. Artist or his immediate family,or any entity owned or
VIII. Acknowledgment of Artistic Process and
controlled by Artist or his immediate family.
Limitations of Proposal Imagery. Client understands (c) Authority to Act. Each of the parties has caused
and acknowledges that the Artwork's creation is this Agreement to be executed by the principal,or a
subject to the nuances and limitations of an artistic duly authorized officer or employee, and this
process, including the chemistry of the glass and the Agreement is a valid, legal and binding obligation of
glass-blowing and installation processes, and that such party enforceable in accordance with its terms.
digital imagery and drawings provided by Chihuly are
also not exact representations of the Artwork. (d) Construction. Each of the parties has reviewed
Therefore, Client agrees that the Artwork may vary and examined this Agreement, and the rule of
from that which is conveyed in digital imagery and construction to the effect that any ambiguities are to
be resolved against the drafting party will not be
drawings.
employed in the interpretation of this Agreement, its
IX. Breach;Termination. exhibits,or any amendments.This Agreement will be
(a) If Chihuly fails to perform any material provision given a reasonable interpretation in accordance with
of this Agreement (following written notice of such the plain meaning of its terms.
breach and a thirty (30) day opportunity to cure) at (e)Applicable Law;Jurisdiction.This Agreement will
any time prior to the transfer of title in and to the be governed by and construed in accordance with the
Artwork to Client, then Chihuly will be in breach of laws of the state of Washington without reference to
this Agreement, and Client will be entitled to the choice of law provisions thereof. The parties
terminate this Agreement by written notice and hereby submit to the jurisdiction of the federal and
withhold payment of any unpaid amounts otherwise state courts sitting in Seattle, King County,
due hereunder, and Chihuly will return to Client all Washington and agree to the exclusive jurisdiction of
payments received from Client, except to the extent such courts for all purposes permitted under this
of Chihuly's documented out of pocket costs. Agreement, including entry of any injunctive relief,
(b) If Client cancels this Agreement or fails to perform confirmation of any such award and entry of
any material provision of this Agreement at any time judgment thereon.
prior to the transfer of title in and to the Artwork to (f) Counterparts and Electronic Signature. This
Client, including but not limited to any payment Agreement may be executed in multiple
obligations (following written notice of such breach counterparts, each of which shall constitute an
and thirty (30) days to cure), then Client will be in
breach of this Agreement and Chihuly, without original, and all of which taken together shall
prejudice to any right or remedy available to Chihuly constitute one and the same instruments.The parties
City of Round Rock Artwork Commission Agreement-Page 8
agree that this Agreement may be executed by means
of electronic signatures. Electronic documents, such
as a facsimile or.PDF format files containing original
or digitally authenticated signatures,shall be deemed
equivalent to original documents.
(g) Notices.All notices, demands, requests,consents
or other communications required or permitted
under this Agreement will be in writing and will be
delivered personally, or by facsimile, email, or other
electronic means with confirmation for receipt,or by
first-class U.S.mail,postage prepaid and addressed to
the other party, at such party's address set forth
below such party's signature to this Agreement,or as
may be otherwise changed by notice sent in
accordance with this Paragraph.
(h) Severability. If any term or provision of this
Agreement is deemed illegal or invalid, it will not
affect the remainder of the Agreement, and each
such term or provision will be valid and enforceable
to the fullest extent permitted by law.
(i) Successors and Assigns. Except as otherwise
provided, this Agreement will be binding upon and
inure to the benefit of the respective parties and their
permitted assigns and successors in interest.
0)Survival.The provisions of Sections 4 and 6 of the
Agreement, and Paragraphs II through VII and IX
through X of these Terms and Conditions, and any
other obligations or duties of Client hereunder which
by their nature extend beyond the termination of this
Agreement, shall survive termination of this
Agreement and remain in effect.
(k) Waiver. No failure by either party to insist upon
strict performance of any provision herein shall be
deemed a waiver by such party of its rights or
remedies,or a waiver by it of any subsequent default
of the other party,and no waiver by any party of any
right or remedy under this Agreement shall be
effective unless made in writing, and each such
written waiver shall be limited to the specific instance
referred to in such writing.
(1). Costs and Expenses. Except as otherwise
specifically provided in this Agreement,all fees,costs
and expense incurred by the parties in negotiating,
preparing or performing this Agreement shall be paid
by the party incurring the same, including, without
limitation, legal and accounting fees, costs and
expenses.
City of Round Rock Artwork Commission Agreement-Page 9
Schedule 1 avoidance of doubt, the SSS Drawings are not
CHIHULY RESPONSIBILITIES intended to cover the materials used in connection
with the installation of the Structural Support System;
1.Designing the Artwork,including: (b) Coordinating with Client or Client's lighting
(a) As determined by Chihuly, demonstrating the designer or electrical contractor, including: (i)
Artwork design to Client through line drawings, providing documents and technical drawings that
photomontage,photographs or glass samples;and illustrate the proposed placement of the Artwork,
(b) Initiating dialogue with Client or the Authorized and(ii)providing one suggested lighting plan with cut
Representatives regarding unique properties of the sheets intended to assist Client's lighting designer or
Artwork that may require special architectural, electrical contractor in the selection and placement of
structural or lighting treatment. lighting hardware and lamps for illuminating the
Artwork;
2. Additional Artwork design consultation and (c) Coordinating shipping documents with Client or
related services, as determined by Chihuly and at Client's shipping agent or broker, including: (i)
Client's additional expense,including: providing an estimated shipping volume and weight
(a) Visiting the Site to meet with Client or Client's after the Mock-up is completed, and (ii) providing a
Project Team to assess the Site; preliminary shipping manifest no less than seven days
(b) If Client reasonably requests, providing prior to the Confirmed Install Date;
architectural renderings, 3-D models, digital (d) Packing the Artwork for shipment, and
animations and other materials to demonstrate the coordinating shipment of the Artwork to the Site or
Artwork design;and other designated location as mutually agreed upon
(c) If Client reasonably requests, providing with Client or Client's shipping agent or broker;
photography of the Artwork in addition to that (e) If determined necessary by Chihuly, additional
required for Chihuly's internal record keeping elements may be included in the shipment to allow
purposes. for flexibility in the Artwork composition on Site,and
to accommodate for potential breakage during
3.Creating the Artwork,including: shipping. Any elements not incorporated by Chihuly
(a)Creating the structural components and elements into the Artwork will remain the property of Chihuly
of the Artwork;and and will be returned to Chihuly at Chihuly's expense;
(b) Completing the Artwork or a portion thereof (in (f)In advance of the Confirmed Install Date,providing
Chihuly's sole discretion) at Chihuly Studio ("Mock- a final list and specifications of equipment or
up"),for Client review. scaffolding, floor protection, staging space, support
personnel, security and other related installation
4.Coordinating with Client,including: supplies or materials to be provided by Client;and
(a) Establishing a mutually acceptable date for (g) Providing, coordinating and supervising the
Client's review of the Mock-up;and installation of the Artwork on Site after Client has
(b) Confirming in writing the mutually agreed Install completed all construction and preparation of the
Date ("Confirmed Install Date") at least 30 days in Site in accordance with Client's responsibilities set
advance. forth in Schedule 2.
S.Installing the Artwork,including:
(a) Coordinating with Client or Client's contractor,
including: (i) providing documents and technical
drawings that illustrate the proposed placement of
the Artwork and anticipated attachment
methodology,(ii)providing a guidance drawing("SSS
Guidance Drawing") intended to inform Client's
contractor for installation of an appropriate structural
support system for the Artwork("Structural Support
System"), and (iii) reviewing Client's preliminary
design of the Structural Support System for any
changes from the SSS Guidance Drawing, and any
resulting changes required in the Artwork. For the
City of Round Rock Artwork Commission Agreement-Page 10
Schedule 2 notifying Chihuly immediately of any variations
CLIENT RESPONSIBILITIES between the Final SSS Design and the as-built
Structural Support System;
1. Identifying the Site and location for the Artwork, (e)As requested by Chihuly, and at Client's expense,
and providing Chihuly with accurate and reliable timely conducting an inspection and certification of
information about the Site,including: the as-built Structural Support System,and providing
(a) Providing photographs, blueprints, or to Chihuly an up-to-date, hard copy of the report or
professionally-generated dimensional drawings, drawings verifying the load capacity and suitability of
structural drawings, electrical and lighting plans,and the Structural Support System stamped by a qualified
other technical documents when and as requested, professional engineer;
and in such format as specified,by Chihuly;and (f) Based on Chihuly's suggested lighting plan,
(b) Identifying to Chihuly in writing any special installing light fixtures and lamps for the Artwork,and
conditions and providing samples of special finishes completing the electrical wiring of lights, all in a
at the Site,including but not limited to special wall or manner that provides a safe and adequate electricity
ceiling finishes (Venetian plaster, wallpaper, etc.) or supply,so that the lighting is fully functional prior to
other conditions (radiant heat, etc.), or water or arrival of Chihuly for installation of the Artwork.
chemical environments, which may affect Chihuly's (g)Providing Chihuly with the as-built lighting design,
design, creation or installation of the Artwork (such including but not limited to a reflected ceiling plan
special conditions, special finishes, wall and ceiling which illustrates the location, quantity and type of
finishes, water or chemical environments, and other light fixtures and lamps;
conditions referred to herein as "Special (h)Confirming that no other trades,workers or others
Conditions"). who are not essential to the installation of the
Artwork will be present at the time of Chihuly's
2.Coordinating with Chihuly,including: installation,and that the immediate installation area,
(a) Establishing the date for the review of the Mock- adjacent staging space and all thoroughfares
up; between these spaces and the storage space or
(b) Confirming in writing at least 30 days in advance, delivery area are free and clear of debris, dust and
the Confirmed Install Date;and obstructions;and
(c) Identifying to Chihuly at least 30 days before the (i) Providing written confirmation and photographic
Confirmed Install Date any limitations on or potential evidence, as requested by Chihuly, that the Site
interference with Chihuly's performance hereunder, preparation is complete.
including holidays, events, daily work schedules,
access to the Site, and any other impediments or 4. Assisting Chihuly in the installation process,
cultural considerations that may affect Chihuly's including,on a timely basis:
performance. (a) Obtaining necessary work permits and Site access
or security clearance for Chihuly's team in compliance
3. Preparing the Site in accordance with this with applicable Site rules and law;
Agreement,including: (b) Unloading the shipment of Artwork from the
(a)Obtaining any required building or other permits; delivery truck and transporting containers to the Site
(b) Providing to Chihuly for review the preliminary or storage area,as instructed by Chihuly;
design of a Structural Support System which conforms (c) Providing secure, dry, pest-free storage for the
with the SSS Guidance Drawing and all applicable Artwork elements and shipping boxes as required by
local building codes; Chihuly,and disposing of or recycling empty shipping
(c) Based on Chihuly's comments on the preliminary containers and materials, if and when released by
design, completing a final design of the Structural Chihuly;
Support System and providing to Chihuly a hard copy (d) Providing equipment or scaffolding, floor
of the design drawing prepared and stamped by a protection,staging space,support personnel,security
qualified professional engineer ("Final SSS Design"), and other related installation supplies or materials as
with corresponding calculations; specified by Chihuly,conforming to OSHA regulations
(d) Installing, using competent workers and and state or local standards, to be on Site and fully
complying with the highest standards of the building ready for use at least one day prior to the Confirmed
industry,the Structural Support System in accordance Install Date;and
with the Final SSS Design received by Chihuly, and
City of Round Rock Artwork Commission Agreement-Page 11
(e)Providing specialty contractors to address Special Conditions, and Client will execute special condition
Conditions. Chihuly will not be responsible for requirements at Client's risk and expense, to be
additional costs or damage due to any Special completed on a schedule determined by Chihuly.
City of Round Rock Artwork Commission Agreement-Page 12