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HomeMy WebLinkAbout1989-03-21; Housing & Redevelopment Commission; 118; Prepare Feasibility Study for Carlsbad TheatreHOUSING ANP”PEDEVELOPMENT COMMIS- ON - AGENDA BILL r3 +&I 5 8 I iB# 118 TITLE: flTG 3/21/89 SELECTION OF CONSULTANT TO . PREPARE FEASIBILITY STUDY :::a IEPT. RED FOR CARLSBAD THEATRE CITY MG=$? RECOMMENDED ACTION: If Housing and Redevelopment Commission concurs, your action is to adopt Resolution No. 125 selecting the firm of Milford kyne Donaldson, AIFI, to compl;te a Feasibility Study for the Zarlsbad Theatre. ITEM EXPLANATION: The Redevelopment Department is requesting that the Commission authorize a Feasibility Study for the Carlsbad Theatre. It is felt that a fully functioning multi-purpose theatre could be an economic stimulus and benefit to the surrounding Redevelopment ?rea. The study would determine the probable costs of rehabilitating the structure to be a full multi-use facility for film and performance. The study would also determine the demand for the facility by local theatre production groups. Except for a very few plays, the Theatre has remained empty for 3ver two (2) years because of the owner's inability to comply tiith building and fire codes. Negotiations with potential Asers/buyers have been hindered by a lack of specific data on costs and demand for the Theatre. The Building Department has zletermined that the Theatre will require seismic retrofitting to neet new State guidelines. This action requires extensive engineering analysis. The study will aid staff in determining a course of action for use of the theatre. Staff has solicited proposals for the Study from five (5) firms. Two responses were received: Milford Wayne Donaldson, AIA $15,200 Harrison Price $32,125 The Housing and Redevelopment Advisory Committee at their =ebruary 22, 1989, meeting recommended this action to Hous ing and qedevelopment Commission. -1SCAL IMPACT: ‘ayment of $15,200 for the consultant wi qedevelopment Operating Budget. EXHIBITS: 1. Resolution No. 125 . 2. Consultant's Proposal 11 come from the RESOLUTION NO. 125 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT TO PREPARE A FEASIBILITY STUDY FOR THE CARLSBAD THEATRE WHEREAS, the Housing and .Redevelopment Commission of the 6 City of Carlsbad, California has determined it necessary and in 7 the public interest to prepare a Feasibility Study for the 8 Carlsbad Theatre and; 9 WHEREAS, Funds are available in the Redevelopment Operating 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Budget; NOW, THEREFORE, BE IT RESOLVED $y the Housing and Rmdevelupment Commission of the City of Carlsbad, California, as follows; 1. That the above recitations are true and correct 2. That the consultant agreement attached hereto and made a part hereof is hereby approved. 3. That the Chairman is authorized to sign the agreement on behalf of the Commission. PASSED, APPROVED, AND ADOPTED at a special meeting of the Housing and Redevelopment Commission held on the 2&, day of March _.-- , 1989, by the following vote, to wit: AYES : Commissioners Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT : Commissioner Lewis ABSTAIN: None S, Chairperson ATTEST : A- ALETHA L. RAUTEdKRANZ, City Clerk AGREEMENT FOR CONSULTANT SERVICES FOR CARLSBAD THEATRE THIS AGREEMENT, made and entered into as of the day of 9 19-, by and between the CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a municipal corporation, hereinafter referred to as "CITY", and ARCHITECT MILFORD WAYNE DONALDSON INC, hereinafter referred to as “CONSULTANT”. RECITALS CITY requires the services of CONSULTANT to provide the necessary documents for preparation of feasibility study for the Carlsbad Theatre, and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows: 1. CONSULTANT’S OBLIGATIONS To prepare a feasibility study for the Carlsbad Theatre as outlined in the proposal dated December 6, 1988, attached hereto and made a part hereof. 2. CITY OBLIGATIONS The City shall provide the consultant with assistance, guidance and access to City material, plus any information as available and necessary. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed within three (3) months. Extensions of time may be granted if required by the Consultant and agreed to in writing by the Housing and Redevelopment Director. In consideration of such requests, the Housing and Redevelopment Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The base fee compensation payable according to Paragraph 5, Payment of Fees, shall be $15,200. Reimbursable costs are in addition to the Base Fee Compensation and shall include: 1. Expense of transportation and living expenses in connection with out-of-town travel authorized by the City, 2. Long-distance communications; 3. Fees paid for securing approval of authorities having jurisdiction over the Project; 4. Reproductions; 5. Postag--- and handling of Drawings c--Yj Specifications; 6. Expens of overtime work requiring_ ,ligher than regular rates, if authorized by the City; 7. Renderings and models requested by the City; 8. Expense of computer-aided design and drafting equipment time when used in connection with the Project. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 6, Changes in Work. 5. PAYMENT OF FEES Payment of fees shall be upon monthly basis as work progresses and according to billing which includes a brief description of work completed during the month. 6. CHCINGES IN WORK If, in the course of this contract and design, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Consultant or the City may request a change in contract. Such changes shall be processed by the City in the following manner: PI letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the propose changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council or City Manager, as appropriate. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement . Changes requiring immediate action by the Consultant or City shall be ordered by the Housing and Redevelopment Manager who will inform the president of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 7. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bonafide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bonafide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Fed&al Ordinances regarding nondiscrimination. 2 9. TERMINCITION-F CONTRACT In the event of the Consultant’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City may terminate this contract for nonperformance by notifying the Consultant by certified mail of the termination of the contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Housing and Redevelopment Manager. The Housing and Redevelopment Manager shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of work to the City in having the contract completed. Based upon that finding as reported to the City Council,or City Manager, as appropriate, the Council/City Manager shall determine the final payment of the contract. Final payment shall be in compliance with the Code of Federal Regulations. 10. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement, between parties. Such questions, if they become identified as part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Consultant or the Housing and Redevelopment Manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Housing and Redevelopment Manager shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council or City Manager for their resolution through the Office of the City Manager. The City Council or City Manager, as appropriate, may then opt to consider the directed solution to the problem. In such cases, the action of the City Council or City Manager, as appropriate, shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 11. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 4 3 12. STATUS OF T”- CONSULTANT The Consultant shall perform the services provided for herein in Consultant’s own way as an independent contractor and in pursuit of Consultant’s Independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. The Consultant is an independent contractor of the City. The. payment made to the Consultant pursuant to this contract shall be the full and complete compensation to which the Consultant is entitled pursuant this contract. The City shall not make any federal or state tax withholdings on behalf of the Consultant. The City shall not be required to pay any workers’ compensation insurance on behalf of the Consultant. The Consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, workers’ compensation payment which the City may be required to make on behalf of Consultant or any employee of Consultant for work done under this agreement. The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC Sec. 1101 - 1525) and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, sub-contractors and consultants that are included in this agreement. 13. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State, and Local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 14. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) reproducible copy of the plans for his/her records, costs. to be paid for by the City. 15. HOLD HARMLESS AGREEMENT The City, its agents, officers and employees shall not be liable for any claims, liabilities, penalties, fines, or dy damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of Consultant or Consultant’s agents, employees or representatives. Consultant agrees to defend, indemnify and save 4 free and harmles.- the City and its authorizc- agents, officers, and employees ag L.,~st any of the foregoing i Abilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out of, solely to the City's negligence. 16. ASSIGNMENT OF CONTRKT The Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 17. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultaht's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 18. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 19. VERBAL fiGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. Q 5 20. SUCCESSORS - CISSIGNS Subject to the provisions of Paragraph 15, Hold Harmless Agreement, all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors and assigns. 21. INSURANCE (a) The Consultant shall obtain and maintain a policy of liability insurance from an insurance company authorized to be in business in the State of California, in an insurable amount of not less than one million dollars ($l,OOO,OOO). This insurance shall be in force during the life of this agreement and shall not be cancelled without ten (10) days prior written notice to the City. (b) The City shall be named as additionally insured on this policy. The Consultant shall furnish a certificate of said insurance to the City upon request. 22. CONFLICT OF INTEREST The Consultant shall file a conflict of interest statement with the City Clerk of the City of Carlsbad. The Consultant shall report investments or interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD: BY Milford Wayne Donaldson, CIICI Claude A. Lewis, Chairperson PRESIDENT HOUSING EIND REDEVELOPMENT COMMISSION 4PPROVED CIS TO FORM: CITTESTED: Assistant City CIttorney City Clerk 6 PROPOSAL FOR FEASIBILITY STUDY FOR CARLSBAD THEATRE Prepared for The City of Carlsbad Redevelopment Office 2965 Roosevelt Street Suite B Carlsbad, California 92008 December 6, 1988 c- “- MILFORD WAYNE DONALDSON ARCHITECT eiB . I. FEASIBILITY STUDY SCOPE OF WORK/CARLSBAD THEATRE A. PROGRAMMING PHASE 1. Assist in development of a program which includes the City of Carlsbad's objectives, architectural requirements, theatrical requirements, room specifications, priority of requirements, and budget for the project. The program has not been developed. A site walk-through the Carlsbad Theatre was performed. The budget for the project has not been established. 2. Identify and assist in the program requirements with the City of Carlsbad. 3. Provide the City of Carlsbad the following schematic designs: 4 Review existing drawings for the private of the Theatre with actual site conditions for accuracy. The existing plans will be used for background information for the schematic drawings. If the building needs to be measured in order to produce a set of background drawings there would be an extra fee cost to the base contract. b) Sketches showing general configurations of stage, auditorium, seating, exits, lobby, performer support spaces, technical support spaces, administrative spaces, and handicapped access areas. The intent is to rehabilitate the existing Carlsbad Theatre. cl General layouts of performer support and technical support spaces, gallery and show spaces and general house areas. d) Assistance in general arrangement of structural and mechanical systems in areas critical for theatre function. 4. Confirm functional requirements for theatrical systems and equipment. 5. Develop system descriptions and schematic phase cost estimates for the City of Carlsbad. 6. Furnish schematic-phase information to interface with typical building systems. Q MILFORD WAYNE DONALDSON ARCHITECT B. SCHEMATIC DESIGN PHASE 1. Meet with the City of Carlsbad personnel and as required. Outline key theatrical functions and for engineering design, with a range of suggested solutions. Direct attention to code requirements peculiar to theatres and stages, and multi-purpose complexes. 2. Develop audience sightline studies. 3. Furnish preliminary sketches for the theatre: a> Audience seating , aisles and exits. b) All elements in stage. cl Lighting positions and access. d) Production and performer support spaces, control rooms. d Gallery, show space and special meeting rooms. 4. Provide preliminary design in regards to the entry, marquee and general public spaces. 5. Investigation of existing acoustical conditions and recommendation for retrofit. C. PROPOSED Dl+lANDS FOR THE CARLSBAD THEATRE Architect Milford Wayne Donaldson, AIA will determine the need and level of demand for the Car&bad Theatre. The main goal of the survey is to determine if there is a wide variety of cultural and educational events available to meet the communities' numerous needs and tastes. The Carlsbad Theatre could be suitable for the presentation of almost any type of entertainment. The following potential user types will be investigated: 1. FULLY STAGED PRODUCTIONS -- for any production that can fit on. the stage, such as opera, musical comedy, operetta, ballet, i / symphony 9 modern dance, pageants, plays and variety shows. The Carlsbad Theatre was originally designed for the majority of these uses. I i ^ -. 1 MILFORD WAYNE DONALDSON ARCHITECT 2. 3. 4. 5. 6. 7. 8. LIMITED STAGING -- for concert presentations, such as dance, vocal, instrumental, recitals, readings and fashion shows. MEDIA PRESENTATIONS -- for presentations of "canned" entertainment, such as films and closed circuit TV. The Carlsbad Theatre became a movie house in later years and this use can be modified to fit other media events. NON-STAGED PRESENTATIONSD -- for any type of controlled public assembly, including conventions, club meetings and lectures. STAGE REHEARSALS -- for rehearsals of presentations destined to be on the road, experimental shows, educational projects and other non-audience activities which need a well-equipped stage. RECORDING/BROADCASTING -- for use as an acoustically designed recording studio, or for location broadcast work, such as temporary TV or radio. FILMING -- for use in location film work, such as "The Candidate", which was filmed at the Oakland Paramount Theatre because of the Theatre's unique architectural design and excellent facilities. EXHIBITS -- for viewing exhibitions, such as paintings, sculptures, trade shows, and holding receptions in the large front stage area of the House, which could make an interesting and comfortable show area. Architect Milford Wayne Donaldson will conduct a survey of numerous San Diego County performing groups. The survey will be in the form of a response questionaire and follow-up telephone calls. There will be no site visits or meetings with the prospective users of the Theatre. The survey will demonstrate prospective bookings for a calender year. The area to be surveyed is shown on the following map titled San Dieno County Key Map. MILFORD WAYNE DONALDSON ARCHITECT D. REPORT PHASE 1. Provide architectural concepts and schematic'drawings to produce a bound report on "83 x 11" format, or as per the City of Carlsbad requirements. 2. Prepare a "Probable Construction Cost" for the project based on unit cost estimate. These costs will be to show the cost effectiveness of rehabilitating the existing Carlsbad Theatre. 3. Presentation of design work before public or private agencies establish potential funding sources and user requirements. The presentation meetings will be limited to three (3) meetings. Any additional meetings as requested by the Agency (Owner) will be approved in writing prior to attendance. E. SAN DIEGO KEY MAP See the following page. 6 4 > > iii t I- z 3 0 0 0 cl Lu Ei l 2 < v, r/ I ’ _ l -s-d -..- - r _- -. - MILFORD WAYNE DONALDSON ARCHITECT II. SUMMARY OF ARCHITECT'S RECENT EXPERIENCE The firm of Architect Milford Wayne Donaldson, AIA, Inc., was established in 1978, and has been located within the downtown district of San Diego since then. During the past nine years, Architect Milford Wayne Donaldson, AIA has been involved in a wide variety of project types. Althougth the firm is most notably recognized for work in Historic restoration and adaptive reuse, recently we have completed construction on the new 250 seat live performance "Hahn Cosmopolitan Theatre". The theatre is located in the Gaslamp Quarter of San Diego and is the first new Full Fly performance theatre built in downtown in the last decade. Other live performance and multi-use facilities we have been involved in include the Gaslamp Quarter Theatre in San Diego, the feasibility study of the Vogue Theatre in Chula Vista, and electrical and acoustic rehabilitation of the Civic Center Theatre in San Diego. Presently underway are feasibility studies for the North Park Theatre and the Carteri Theatre (Adams Avenue Theatre) in San Diego. The following is a list of projects recently completed by Architect Milford Wayne Donaldson, AIA, Inc.. ,- -a MILFORD WAYNE DONALDSON ARCHITECT III. PARTIAL LIST OF TEAMS'S MEMBER'S THEATRE PROJECTS The following theatres represent projects similar to the proposed Carlsbad Theatre Rehabilitation. This list reflects the combined effort of all the team members proposed for this project. In addition, the firm of Landry & Bogan have completed 105 theatre projects, as of 19871 Architect Milford Wayne Donaldson, AIA Parker Performing Arts Theatre (project architect with Masher/Drew/Watson), San Diego. San Diego Civic Theatre Lighting Control, San Diego Gaslamp Quarter Theatre, San Diego Deane Theatre, San Diego North Park Theatre, San Diego Carteri Theatre, San Diego Vogue Theatre, San Diego Landry & Bogan, AIA Old Globe Theatre, Balboa Park, San Diego Lowell Davies Festival Stage, Balboa Park, San Diego South Coast Repertory Theatre, Costa Mesa Oregon Shakespearean Festival Theatre, Ashland, Oregon Mira Costa College Theatre, Oceanside Louise M. Davies Symphony Hall, San Francisco San Diego Civic Theatre Lighting Control, San Diego Lucie Stern Community Theatre, Palo Alto Children's Theatre, Palo Alto Zellerbach Hall, University of California, Berkeley Old Main Theatre, University of Arizona, Tucson, Arizona Round Valley Theatre, Springerville, Arizona 6 1 I I / I I I / ! \ I I .- ! MILFORD WAYNE DONALDSON I ARCHITECT / Landrv & Bogan, AIA: continued Deane Theatre, San Diego Haring Theatre, Fairbanks, Alaska Kenai Theatre, Kenai, Alaska Parkland College Theatre, Champaigne, Illinois Bolt, Beranek & Newman Power Center for the Performing Arts, University of Michigan Tulsa Performing Arts Center, Tulsa, Oklahoma Old Globe Theatre, San Diego Deane Theatre, San Diego Mira Costa College Theatre, Oceanside University Center, Victoria, British Columbia Orpheum Theatre (remodel), Vancouver, Canada Louis M. Daview Symphony Hall, San Francisco Ham Concert Hall, University of Nevada, Las Vegas Royce Hall (remodel), University of California, Los Angeles Sacramento Community Center, Sacramento Kariotis and Associates Horton Plaza Theatre, San Diego Old Globe Theatre, San Diego Music Corporation of America Theatre, Orlando, Florida Universal City Tours Theatre Mount San Antonio College Auditorium 6 Mira Costa College, Oceanside John Muir High School Auditorium, Pasadena MILFORD WAYNE DONALDSON ARCHITECT IV. SUMMARY OF PROFESSIONAL FEE SERVICES Architect Milford Wayne Donaldson, AIA Landry and Bogan Bolt, Beranek & Newman Kariotis & Associates TOTAL FEES $ 5,200 5,000 2,800 2,200 $15,200 See Attachement A, Article 12 Other Conditions or Services for estimated reimbursable expenses. MILFORD WAYNE DONALDSON ARCHITECT V. SCHEDULE OF FEES 1. CONTRACT The Form of Agreement Between Owner and Architect for Construction Projects ' of Llmited Scope, AIA Document B151-1978, will be the agreement document. 2. HOURLY RATES FOR ADDITIONAL WORK Architectural Services Corporate Architect Principal Architect Research / Design Captain Drafting / Model Construction Clerical Structural Services Principle Engineer Licensed Senior Engineer Draftsperson Clerical (Coordinator) Clerical (General) Basic Costs $84.00/Hour $72.OO/Hour $49.00/Hour $36,00/Hour $34.00/Hour $70.00/Hour $65.00/Hour $44.00/Hour $40.00/Hour $30.00/Hour 3. REIMBURSABLE EXPENSES Reimbursable expenses as defined in the standard agreement will charged at 1.15 times actual costs. Consultant's costs required be for completion of work (owner approved), will be charged at 1.10 times actual costs. i