Common use of Direct Labor Costs Clause in Contracts

Direct Labor Costs. Direct Labor Costs shall be the total number of allowable hours worked on the project by each individual multiplied by the Labor Rate identified in Exhibit B, Cost Summary for such individual. a. The County shall only pay the Labor Rate and shall not pay any premium associated with overtime. b. Labor Rates may be subject to reasonable adjustments in accordance with the following provisions: (1) Labor Rates shall not be modified prior to the Labor Rate Adjustment Date specified in Section 1, Agreement Summary. Thereafter, any increase in Labor Rates shall be effective for a minimum period of at least 365 calendar days. (2) The County has established a maximum labor rate limitation. Labor rates shall not exceed the maximum labor rate limitation except in exceptional and rare circumstances when the County, in its sole discretion, determines it is appropriate to pay a greater rate. (3) The current Maximum Direct Labor Rate and current Maximum Billing Rate is specified in Section 1, Agreement Summary. The County will review the maximum labor rate limitation and adjust it either upward or downward in June of every year. (a) If the new maximum labor rate limitation is greater than the current maximum labor rate established in this Contract, the new maximum labor rate will be effective at the next regularly scheduled date for labor rate adjustments. Adjustments are based on the most recent June maximum labor rate. (b) If the new maximum labor rate is less than the current maximum labor rate established in this Contract: (i) For personnel already assigned to the Contract who have reached the older higher maximum rate will maintain the rate previously approved by the County; (ii) For new personnel or personnel who have not reached the maximum labor rate limitation, the new lower maximum labor rate limitation will apply. (4) A Labor Rate increase must be based on an actual and verifiable increase in labor costs. (5) The County has the right to refuse increases that lack reasonable justification. DRAFT (6) This Agreement includes a Labor Escalation Pool established to cover increases in labor rates. The Labor Escalation Pool is specified in Section 1, Agreement Summary. The Labor Escalation Pool is calculated based on the labor escalation rate specified in Section 1, Agreement Summary, starting on the Labor Rate Adjustment Date specified in Section 1, Agreement Summary. The Consultant shall manage the project to ensure that increases in Labor Rates do not exceed the Labor Escalation Pool. Any funds that are not used for increases in Labor Rates shall not be paid to the Consultant. (a) Every year the County establishes the escalation percentage applicable on architectural and engineering and professional service contracts executed during the next 12 months. This rate shall remain effective for the phase. (b) For amendments adding new work to an existing phase, the escalation percentage shall be the escalation rate established for that phase. (c) When a new phase of work is added to an existing contract, the escalation percentage shall be the most recent escalation rate established by the County. (7) ConsultantName shall provide a minimum of 30 days advance written notice of a change in Labor Rate. ConsultantName shall submit only one written notice of a change in Labor Rate per year (365 calendar day time period) that must include all individual Labor Rate increases. All proposed changes to Labor Rates for ConsultantName and subconsultants shall be submitted in the one written notice. Unless the County disagrees in writing with the proposed Labor Rate(s), the Consultant may start billing at the new Labor Rate 30 days after the advance notice; provided however, all new Labor Rates shall be effective at the beginning of a billing period. Labor Rates increases shall not be retroactive. Only services performed after the 30-day time period shall be billed at the new Labor Rate. The written notice of the Labor Rate changes is considered a part of the Agreement documents and shall be incorporated into the Agreement in the next amendment. Written notice shall contain the following information: (a) For each Labor Rate increase, identify the name of each individual, job title/position, old Labor Rate, new Labor Rate, percentage rate increase; projected hours for the remainder of the Period of Performance, and (b) Affirmation that: (i) The new Labor Rate represents the actual labor rate that is being paid to the employee as of the effective date of the rate increase; (ii) The cumulative increases in Labor Rates will not exceed the funds allowed for escalation; (iii) Labor Rate increases shall have no impact on the Scope of Work or Total Price; and (iv) The County will receive all services identified in the Scope of Work for the Total Price of the Agreement.

Direct Labor Costs. Direct Labor Costs shall be the total number of allowable hours worked on the project by each individual multiplied by the Labor Rate identified in the Cost Summary (Exhibit B, Cost Summary ) for such individual. a. The County shall only pay the Labor Rate and shall not pay any premium associated with overtime. b. Labor Rates may be subject to reasonable adjustments in accordance with the following provisions: (1) Labor Rates shall not be modified prior to the Labor Rate Adjustment Date specified in Section 1, Agreement Summary@MONTH< DAY< YEAR. ThereafterAfter @MONTH< DAY< YEAR, any increase in Labor Rates shall be effective for a minimum period of at least 365 calendar days. (2) The County has established a maximum labor rate limitation. Labor rates shall not exceed the maximum labor rate limitation except in exceptional and rare circumstances when the County, in its sole discretion, determines it is appropriate to pay a greater rate. (3) The current Maximum Direct Labor Rate and current Maximum Billing Rate maximum labor rate is specified in Section 1, Agreement Summary$83.21. The County will review the maximum labor rate limitation and adjust it either upward or downward in June of every year. (a) If the new maximum labor rate limitation is greater than the current maximum labor rate established in this Contractcontract, the new maximum labor rate will be effective at the next regularly scheduled date for labor rate adjustments. Adjustments are based on the most recent June maximum labor rate. (b) If the new maximum labor rate is less than the current maximum labor rate established in this Contractcontract: (i) For personnel already assigned to the Contract contract who have reached the older higher maximum rate will maintain the rate previously approved by the County; (ii) For new personnel or personnel who have not reached the maximum labor rate limitation, the new lower maximum labor rate limitation will apply. (4) A Labor Rate increase must be based on an actual and verifiable increase in labor costs. (5) The County has the right to refuse increases that lack reasonable justification. DRAFT (6) This Agreement includes a Labor Escalation Pool $@ that is established to cover increases in labor rates. The This fund is to be called the Labor Escalation Pool is specified in Section 1, Agreement SummaryPool. The Labor Escalation Pool is calculated based on the labor a 3.3% escalation rate specified in Section 1, Agreement Summary, on Labor Rates starting on the Labor Rate Adjustment Date specified in Section 1, Agreement Summary@MONTH< DATE< YEAR. The Consultant shall manage the project to ensure that increases in Labor Rates do not exceed the Labor Escalation Pool. Any funds that are not used for increases in Labor Rates shall not be paid to the Consultant. (a) Every year the County establishes the escalation percentage applicable on architectural and engineering and professional service contracts executed during the next 12 months. This rate shall remain effective for the phase. (b) For amendments adding new work to an existing phase, the escalation percentage shall be the escalation rate established for that phase. (c) When a new phase of work is added to an existing contract, the escalation percentage shall be the most recent escalation rate established by the County. (7) ConsultantName shall provide a minimum of 30 thirty (30) days advance written notice of a change in Labor Rate. ConsultantName shall submit only one written notice of a change in Labor Rate per year (365 calendar day time period) that must include all individual Labor Rate increases. All proposed changes to Labor Rates for ConsultantName and subconsultants shall be submitted in the one written notice. Unless the County disagrees in writing with the proposed Labor Rate(s), the Consultant may start billing at the new Labor Rate 30 thirty (30) days after the advance notice; provided however, all new Labor Rates shall be effective at the beginning of a billing period. Labor Rates increases shall not be retroactive. Only services performed after the thirty (30-) day time period shall be billed at the new Labor Rate. The written notice of the Labor Rate changes is considered a part of the Agreement documents and shall be incorporated into the Agreement in the next amendment. Written notice shall contain the following information: (a) For each Labor Rate increase, identify the name of each individual, job title/position, old Labor Rate, new Labor Rate, percentage rate increase; projected hours for the remainder of the Period of Performance, and (b) Affirmation that: (i) The new Labor Rate represents the actual labor rate that is being paid to the employee as of the effective date of the rate increase; (ii) The cumulative increases in Labor Rates will not exceed the funds allowed for escalation; (iii) Labor Rate increases shall have no impact on the Scope of Work or Total Price; and (iv) The County will receive all services identified in the Scope of Work for the Total Price of the Agreement.

Direct Labor Costs. Direct Labor Costs shall be the total number of allowable hours worked on the project by each individual multiplied by the Labor Rate identified in the Cost Summary (Exhibit B, Cost Summary ) for such individual. a. The County shall only pay the Labor Rate and shall not pay any premium associated with overtime. b. Labor Rates may be subject to reasonable adjustments in accordance with the following provisions: (1) Labor Rates shall not be modified prior to the Labor Rate Adjustment Date specified in Section 1, Agreement Summary@MONTH< DAY< YEAR. ThereafterAfter @MONTH< DAY< YEAR, any increase in Labor Rates shall be effective for a minimum period of at least 365 calendar days. (2) The County has established a maximum labor rate limitation. Labor rates shall not exceed the maximum labor rate limitation except in exceptional and rare circumstances when the County, in its sole discretion, determines it is appropriate to pay a greater rate. (3) The current Maximum Direct Labor Rate and current Maximum Billing Rate maximum labor rate is specified in Section 1, Agreement Summary$80.05. The County will review the maximum labor rate limitation and adjust it either upward or downward in June of every year. (a) If the new maximum labor rate limitation is greater than the current maximum labor rate established in this Contractcontract, the new maximum labor rate will be effective at the next regularly scheduled date for labor rate adjustments. Adjustments are based on the most recent June maximum labor rate.. Draft (b) If the new maximum labor rate is less than the current maximum labor rate established in this Contractcontract: (i) For personnel already assigned to the Contract contract who have reached the older higher maximum rate will maintain the rate previously approved by the County; (ii) For new personnel or personnel who have not reached the maximum labor rate limitation, the new lower maximum labor rate limitation will apply. (4) A Labor Rate increase must be based on an actual and verifiable increase in labor costs. (5) The County has the right to refuse increases that lack reasonable justification. DRAFT. (6) This Agreement includes a Labor Escalation Pool $@ that is established to cover increases in labor rates. The This fund is to be called the Labor Escalation Pool is specified in Section 1, Agreement SummaryPool. The Labor Escalation Pool is calculated based on the labor a 3.0% escalation rate specified in Section 1, Agreement Summary, on Labor Rates starting on the Labor Rate Adjustment Date specified in Section 1, Agreement Summary@ MONTH< DATE< YEAR. The Consultant shall manage the project to ensure that increases in Labor Rates do not exceed the Labor Escalation Pool. Any funds that are not used for increases in Labor Rates shall not be paid to the Consultant. (a) Every year the County establishes the escalation percentage applicable on architectural and engineering and professional service contracts executed during the next 12 months. This rate shall remain effective for the phase. (b) For amendments adding new work to an existing phase, the escalation percentage shall be the escalation rate established for that phase. (c) When a new phase of work is added to an existing contract, the escalation percentage shall be the most recent escalation rate established by the County. (7) ConsultantName shall provide a minimum of 30 thirty (30) days advance written notice of a change in Labor Rate. ConsultantName shall submit only one written notice of a change in Labor Rate per year (365 calendar day time period) that must include all individual Labor Rate increases. All proposed changes to Labor Rates for ConsultantName and subconsultants shall be submitted in the one written notice. Unless the County disagrees in writing with the proposed Labor Rate(s), the Consultant may start billing at the new Labor Rate 30 thirty (30) days after the advance notice; provided however, all new Labor Rates shall be effective at the beginning of a billing period. Labor Rates increases shall not be retroactive. Only services performed after the thirty (30-) day time period shall be billed at the new Labor Rate. The written notice of the Labor Rate changes is considered a part of the Agreement documents and shall be incorporated into the Agreement in the next amendment. Written notice shall contain the following information: (a) For each Labor Rate increase, identify the name of each individual, job title/position, old Labor Rate, new Labor Rate, percentage rate increase; projected hours for the remainder of the Period of Performance, and (b) Affirmation that:: Draft (i) The new Labor Rate represents the actual labor rate that is being paid to the employee as of the effective date of the rate increase; (ii) The cumulative increases in Labor Rates will not exceed the funds allowed for escalation; (iii) Labor Rate increases shall have no impact on the Scope of Work or Total Price; and (iv) The County will receive all services identified in the Scope of Work for the Total Price of the Agreement. c. The County or County’s designee may audit the Consultant’s books, records, and other supporting data relevant to the Labor Rate, including but not limited to other Agreement rates, terms and conditions in order to evaluate and validate any rate increases or decreases. Should the County determine that the Labor Rate charged to the County is more than the Labor Rate paid to an individual, the County shall be entitled to a refund of the difference between the actual rate paid to the individual and the rate paid by the County plus associated overhead on the on the overpaid portion of the Direct Labor Costs.

Direct Labor Costs. Direct Labor Costs shall be the total number of allowable hours worked on the project by each individual multiplied by the Labor Rate identified in the Cost Summary (Exhibit B, Cost Summary ) for such individual. a. The County shall only pay the Labor Rate and shall not pay any premium associated with overtime. b. Labor Rates may be subject to reasonable adjustments in accordance with the following provisions: (1) Labor Rates shall not be modified prior to the Labor Rate Adjustment Date specified in Section 1, Agreement Summary. Thereafter, any increase in Labor Rates shall be effective for a minimum period of at least 365 calendar days. (2) The County has established a maximum labor rate limitation. Labor rates shall not exceed the maximum labor rate limitation except in exceptional and rare circumstances when the County, in its sole discretion, determines it is appropriate to pay a greater rate. (3) The current Maximum Direct Labor Rate and current Maximum Billing Rate is specified in Section 1, Agreement Summary. The County will review the maximum labor rate limitation and adjust it either upward or downward in June of every year. (a) If the new maximum labor rate limitation is greater than the current maximum labor rate established in this Contract, the new maximum labor rate will be effective at the next regularly scheduled date for labor rate adjustments. Adjustments are based on the most recent June maximum labor rate. (b) If the new maximum labor rate is less than the current maximum labor rate established in this Contract: (i) For personnel already assigned to the Contract who have reached the older higher maximum rate will maintain the rate previously approved by the County; (ii) For new personnel or personnel who have not reached the maximum labor rate limitation, the new lower maximum labor rate limitation will apply. (4) A Labor Rate increase must be based on an actual and verifiable increase in labor costs. (5) The County has the right to refuse increases that lack reasonable justification. DRAFT. (6) This Agreement includes a Labor Escalation Pool established to cover increases in labor rates. The Labor Escalation Pool is specified in Section 1, Agreement Summary. The Labor Escalation Pool is calculated based on the labor escalation rate specified in Section 1, Agreement Summary, starting on the Labor Rate Adjustment Date specified in Section 1, Agreement Summary. The Consultant shall manage the project to ensure that increases in Labor Rates do not exceed the Labor Escalation Pool. Any funds that are not used for increases in Labor Rates shall not be paid to the Consultant.. DRAFT (a) Every year the County establishes the escalation percentage applicable on architectural and engineering and professional service contracts executed during the next 12 months. This rate shall remain effective for the phase. (b) For amendments adding new work to an existing phase, the escalation percentage shall be the escalation rate established for that phase. (c) When a new phase of work is added to an existing contract, the escalation percentage shall be the most recent escalation rate established by the County. (7) ConsultantName shall provide a minimum of 30 thirty (30) days advance written notice of a change in Labor Rate. ConsultantName shall submit only one written notice of a change in Labor Rate per year (365 calendar day time period) that must include all individual Labor Rate increases. All proposed changes to Labor Rates for ConsultantName and subconsultants shall be submitted in the one written notice. Unless the County disagrees in writing with the proposed Labor Rate(s), the Consultant may start billing at the new Labor Rate 30 thirty (30) days after the advance notice; provided however, all new Labor Rates shall be effective at the beginning of a billing period. Labor Rates increases shall not be retroactive. Only services performed after the thirty (30-) day time period shall be billed at the new Labor Rate. The written notice of the Labor Rate changes is considered a part of the Agreement documents and shall be incorporated into the Agreement in the next amendment. Written notice shall contain the following information: (a) For each Labor Rate increase, identify the name of each individual, job title/position, old Labor Rate, new Labor Rate, percentage rate increase; projected hours for the remainder of the Period of Performance, and (b) Affirmation that: (i) The new Labor Rate represents the actual labor rate that is being paid to the employee as of the effective date of the rate increase; (ii) The cumulative increases in Labor Rates will not exceed the funds allowed for escalation; (iii) Labor Rate increases shall have no impact on the Scope of Work or Total Price; and (iv) The County will receive all services identified in the Scope of Work for the Total Price of the Agreement. c. The County or County’s designee may audit the Consultant’s books, records, and other supporting data relevant to the Labor Rate, including but not limited to other Agreement rates, terms and conditions in order to evaluate and validate any rate increases or decreases. Should the County determine that the Labor Rate charged to the County is more than the Labor Rate paid to an individual, the County shall be entitled to a refund of the difference between the actual rate paid to the individual and the rate paid by the County plus associated overhead on the on the overpaid portion of the Direct Labor Costs.

Direct Labor Costs. Direct Labor Costs shall be the total number of allowable hours worked on the project by each individual multiplied by the Labor Rate identified in Exhibit B, Cost Summary for such individual. a. The County shall only pay the Labor Rate and shall not pay any premium associated with overtime. Provided however, with the prior written approval of the Project Representative, if a field inspector (FLSA non-exempt employee) bills over 40 hours in a week (defined as Sunday through Saturday) on this Agreement: (1) The County may pay an additional 50% of the Labor Rate for each hour in excess of 40; and (2) The County shall not pay any overhead on this extra labor cost. b. Labor Rates may be subject to reasonable adjustments in accordance with the following provisions: (1) Labor Rates shall not be modified prior to the Labor Rate Adjustment Date specified in Section 1, Agreement Summary. Thereafter, any increase in Labor Rates shall be effective for a minimum period of at least 365 calendar days. (2) The County has established a maximum labor rate limitation. Labor rates shall not exceed the maximum labor rate limitation except in exceptional and rare circumstances when the County, in its sole discretion, determines it is appropriate to pay a greater rate. (3) The current Maximum Direct Labor Rate and current Maximum Billing Rate is specified in Section 1, Agreement Summary. The County will review the maximum labor rate limitation and adjust it either upward or downward in June of every year. (a) If the new maximum labor rate limitation is greater than the current maximum labor rate established in this Contract, the new maximum labor rate will be effective at the next regularly scheduled date for labor rate adjustments. Adjustments are based on the most recent June maximum labor rate. (b) If the new maximum labor rate is less than the current maximum labor rate established in this Contract: (i) For personnel already assigned to the Contract who have reached the older higher maximum rate will maintain the rate previously approved by the County; (ii) For new personnel or personnel who have not reached the maximum labor rate limitation, the new lower maximum labor rate limitation will apply. (4) A Labor Rate increase must be based on an actual and verifiable increase in labor costs.. DRAFT (5) The County has the right to refuse increases that lack reasonable justification. DRAFT. (6) This Agreement includes a Labor Escalation Pool established to cover increases in labor rates. The Labor Escalation Pool is specified in Section 1, Agreement Summary. The Labor Escalation Pool is calculated based on the labor escalation rate specified in Section 1, Agreement Summary, starting on the Labor Rate Adjustment Date specified in Section 1, Agreement Summary. The Consultant shall manage the project to ensure that increases in Labor Rates do not exceed the Labor Escalation Pool. Any funds that are not used for increases in Labor Rates shall not be paid to the Consultant. (a) Every year the County establishes the escalation percentage applicable on architectural and engineering and professional service contracts executed during the next 12 months. This rate shall remain effective for the phase. (b) For amendments adding new work to an existing phase, the escalation percentage shall be the escalation rate established for that phase. (c) When a new phase of work is added to an existing contract, the escalation percentage shall be the most recent escalation rate established by the County. (7) ConsultantName shall provide a minimum of 30 days advance written notice of a change in Labor Rate. ConsultantName shall submit only one written notice of a change in Labor Rate per year (365 calendar day time period) that must include all individual Labor Rate increases. All proposed changes to Labor Rates for ConsultantName and subconsultants shall be submitted in the one written notice. Unless the County disagrees in writing with the proposed Labor Rate(s), the Consultant may start billing at the new Labor Rate 30 days after the advance notice; provided however, all new Labor Rates shall be effective at the beginning of a billing period. Labor Rates increases shall not be retroactive. Only services performed after the 30-30 day time period shall be billed at the new Labor Rate. The written notice of the Labor Rate changes is considered a part of the Agreement documents and shall be incorporated into the Agreement in the next amendment. Written notice shall contain the following information: (a) For each Labor Rate increase, identify the name of each individual, job title/position, old Labor Rate, new Labor Rate, percentage rate increase; projected hours for the remainder of the Period of Performance, and (b) Affirmation that: (i) The new Labor Rate represents the actual labor rate that is being paid to the employee as of the effective date of the rate increase; (ii) The cumulative increases in Labor Rates will not exceed the funds allowed for escalation; (iii) Labor Rate increases shall have no impact on the Scope of Work or Total Price; and (iv) The County will receive all services identified in the Scope of Work for the Total Price of the Agreement.

Direct Labor Costs. Direct Labor Costs shall be the total number of allowable hours worked on the project by each individual multiplied by the Labor Rate identified in the Cost Summary (Exhibit B, Cost Summary ) for such individual. a. The County shall only pay the Labor Rate and shall not pay any premium associated with overtime. b. Labor Rates may be subject to reasonable adjustments in accordance with the following provisions: (1) Labor Rates shall not be modified prior to the Labor Rate Adjustment Date specified in Section 1, Agreement Summary@MONTH< DAY< YEAR. ThereafterAfter @MONTH< DAY< YEAR, any increase in Labor Rates shall be effective for a minimum period of at least 365 calendar days. (2) The County has established a maximum labor rate limitation. Labor rates shall not exceed the maximum labor rate limitation except in exceptional and rare circumstances when the County, in its sole discretion, determines it is appropriate to pay a greater rate. (3) The current Maximum Direct Labor Rate and current Maximum Billing Rate maximum labor rate is specified in Section 1, Agreement Summary$71.74. The County will review the maximum labor rate limitation and adjust it either upward or downward in June of every year. (a) If the new maximum labor rate limitation is greater than the current maximum labor rate established in this Contractcontract, the new maximum labor rate will be effective at the next regularly scheduled date for labor rate adjustments. Adjustments are based on the most recent June maximum labor rate. (b) If the new maximum labor rate is less than the current maximum labor rate established in this Contractcontract: (i) For personnel already assigned to the Contract contract who have reached the older higher maximum rate will maintain the rate previously approved by the County; (ii) For new personnel or personnel who have not reached the maximum labor rate limitation, the new lower maximum labor rate limitation will apply. (4) A Labor Rate increase must be based on an actual and verifiable increase in labor costs. (5) The County has the right to refuse increases that lack reasonable justification. DRAFT. (6) This Agreement includes a Labor Escalation Pool @ $DOLLARS (@) that is established to cover increases in labor rates. The This fund is to be called the Labor Escalation Pool is specified in Section 1, Agreement SummaryPool. The Labor Escalation Pool is calculated based on the labor a 1.7% escalation rate specified in Section 1, Agreement Summary, on Labor Rates starting on the Labor Rate Adjustment Date specified in Section 1, Agreement Summary@ MONTH< DATE< YEAR. The Consultant shall manage the project to ensure that increases in Labor Rates do not exceed the Labor Escalation Pool. Any funds that are not used for increases in Labor Rates shall not be paid to the Consultant. (a) Every year the County establishes the escalation percentage applicable on architectural and engineering and professional service contracts executed during the next 12 months. This rate shall remain effective for the phase. (b) For amendments adding new work to an existing phase, the escalation percentage shall be the escalation rate established for that phase. (c) When a new phase of work is added to an existing contract, the escalation percentage shall be the most recent escalation rate established by the County. (7) ConsultantName shall provide a minimum of 30 days advance written notice of a change in Labor Rate. ConsultantName shall submit only one written notice of a change in Labor Rate per year (365 calendar day time period) that must include all individual Labor Rate increases. All proposed changes to Labor Rates for ConsultantName and subconsultants shall be submitted in the one written notice. Unless the County disagrees in writing with the proposed Labor Rate(s), the Consultant may start billing at the new Labor Rate 30 days after the advance notice; provided however, all new Labor Rates shall be effective at the beginning of a billing period. Labor Rates increases shall not be retroactive. Only services performed after the 30-day time period shall be billed at the new Labor Rate. The written notice of the Labor Rate changes is considered a part of the Agreement documents and shall be incorporated into the Agreement in the next amendment. Written notice shall contain the following information: (a) For each Labor Rate increase, identify the name of each individual, job title/position, old Labor Rate, new Labor Rate, percentage rate increase; projected hours for the remainder of the Period of Performance, and (b) Affirmation that: (i) The new Labor Rate represents the actual labor rate that is being paid to the employee as of the effective date of the rate increase; (ii) The cumulative increases in Labor Rates will not exceed the funds allowed for escalation; (iii) Labor Rate increases shall have no impact on the Scope of Work or Total Price; and (iv) The County will receive all services identified in the Scope of Work for the Total Price of the Agreement.

Direct Labor Costs. Direct Labor Costs shall be the total number of allowable hours worked on the project by each individual multiplied by the Labor Rate identified in the Cost Summary (Exhibit B, Cost Summary ) for such individual. a. The County shall only pay the Labor Rate and shall not pay any premium associated with overtime. b. Labor Rates may be subject to reasonable adjustments in accordance with the following provisions: (1) Labor Rates shall not be modified prior to the Labor Rate Adjustment Date specified in Section 1, Agreement Summary@MONTH< DAY< YEAR. ThereafterAfter @MONTH< DAY< YEAR, any increase in Labor Rates shall be effective for a minimum period of at least 365 calendar days. (2) The County has established a maximum labor rate limitation. Labor rates shall not exceed the maximum labor rate limitation except in exceptional and rare circumstances when the County, in its sole discretion, determines it is appropriate to pay a greater rate. (3) The current Maximum Direct Labor Rate and current Maximum Billing Rate maximum labor rate is specified in Section 1, Agreement Summary$80.05. The County will review the maximum labor rate limitation and adjust it either upward or downward in June of every year. (a) If the new maximum labor rate limitation is greater than the current maximum labor rate established in this Contractcontract, the new maximum labor rate will be effective at the next regularly scheduled date for labor rate adjustments. Adjustments are based on the most recent June maximum labor rate. (b) If the new maximum labor rate is less than the current maximum labor rate established in this Contract:contract: DRAFT (i) For personnel already assigned to the Contract contract who have reached the older higher maximum rate will maintain the rate previously approved by the County; (ii) For new personnel or personnel who have not reached the maximum labor rate limitation, the new lower maximum labor rate limitation will apply. (4) A Labor Rate increase must be based on an actual and verifiable increase in labor costs. (5) The County has the right to refuse increases that lack reasonable justification. DRAFT. (6) This Agreement includes a Labor Escalation Pool $@ that is established to cover increases in labor rates. The This fund is to be called the Labor Escalation Pool is specified in Section 1, Agreement SummaryPool. The Labor Escalation Pool is calculated based on the labor a 3.0% escalation rate specified in Section 1, Agreement Summary, on Labor Rates starting on the Labor Rate Adjustment Date specified in Section 1, Agreement Summary@ MONTH< DATE< YEAR. The Consultant shall manage the project to ensure that increases in Labor Rates do not exceed the Labor Escalation Pool. Any funds that are not used for increases in Labor Rates shall not be paid to the Consultant. (a) Every year the County establishes the escalation percentage applicable on architectural and engineering and professional service contracts executed during the next 12 months. This rate shall remain effective for the phase. (b) For amendments adding new work to an existing phase, the escalation percentage shall be the escalation rate established for that phase. (c) When a new phase of work is added to an existing contract, the escalation percentage shall be the most recent escalation rate established by the County. (7) ConsultantName shall provide a minimum of 30 thirty (30) days advance written notice of a change in Labor Rate. ConsultantName shall submit only one written notice of a change in Labor Rate per year (365 calendar day time period) that must include all individual Labor Rate increases. All proposed changes to Labor Rates for ConsultantName and subconsultants shall be submitted in the one written notice. Unless the County disagrees in writing with the proposed Labor Rate(s), the Consultant may start billing at the new Labor Rate 30 thirty (30) days after the advance notice; provided however, all new Labor Rates shall be effective at the beginning of a billing period. Labor Rates increases shall not be retroactive. Only services performed after the thirty (30-) day time period shall be billed at the new Labor Rate. The written notice of the Labor Rate changes is considered a part of the Agreement documents and shall be incorporated into the Agreement in the next amendment. Written notice shall contain the following information: (a) For each Labor Rate increase, identify the name of each individual, job title/position, old Labor Rate, new Labor Rate, percentage rate increase; projected hours for the remainder of the Period of Performance, and (b) Affirmation that: (i) The new Labor Rate represents the actual labor rate that is being paid to the employee as of the effective date of the rate increase;; DRAFT (ii) The cumulative increases in Labor Rates will not exceed the funds allowed for escalation; (iii) Labor Rate increases shall have no impact on the Scope of Work or Total Price; and (iv) The County will receive all services identified in the Scope of Work for the Total Price of the Agreement. c. The County or County’s designee may audit the Consultant’s books, records, and other supporting data relevant to the Labor Rate, including but not limited to other Agreement rates, terms and conditions in order to evaluate and validate any rate increases or decreases. Should the County determine that the Labor Rate charged to the County is more than the Labor Rate paid to an individual, the County shall be entitled to a refund of the difference between the actual rate paid to the individual and the rate paid by the County plus associated overhead on the on the overpaid portion of the Direct Labor Costs.

Direct Labor Costs. Direct Labor Costs shall be the total number of allowable hours worked on the project by each individual multiplied by the Labor Rate identified in Exhibit B, Cost Summary for such individual. a. The County shall only pay the Labor Rate and shall not pay any premium associated with overtime. b. Labor Rates may be subject to reasonable adjustments in accordance with the following provisions: (1) Labor Rates shall not be modified prior to the Labor Rate Adjustment Date specified in Section 1, Agreement Summary. Thereafter, any increase in Labor Rates shall be effective for a minimum period of at least 365 calendar days. (2) The County has established a maximum labor rate limitation. Labor rates shall not exceed the maximum labor rate limitation except in exceptional and rare circumstances when the County, in its sole discretion, determines it is appropriate to pay a greater rate. (3) The current Maximum Direct Labor Rate and current Maximum Billing Rate is specified in Section 1, Agreement Summary. The County will review the maximum labor rate limitation and adjust it either upward or downward in June of every year. (a) If the new maximum labor rate limitation is greater than the current maximum labor rate established in this Contract, the new maximum labor rate will be effective at the next regularly scheduled date for labor rate adjustments. Adjustments are based on the most recent June maximum labor rate. (b) If the new maximum labor rate is less than the current maximum labor rate established in this Contract: (i) For personnel already assigned to the Contract who have reached the older higher maximum rate will maintain the rate previously approved by the County; (ii) For new personnel or personnel who have not reached the maximum labor rate limitation, the new lower maximum labor rate limitation will apply. (4) A Labor Rate increase must be based on an actual and verifiable increase in labor costs. (5) The County has the right to refuse increases that lack reasonable justification. DRAFT. (6) This Agreement includes a Labor Escalation Pool established to cover increases in labor rates. The Labor Escalation Pool is specified in Section 1, Agreement Summary. The Labor Escalation Pool is calculated based on the labor escalation rate specified in Section 1, Agreement Summary, starting on the Labor Rate Adjustment Date specified in Section 1, Agreement Summary. The Consultant shall manage the project to ensure that increases in Labor Rates do not exceed the Labor Escalation Pool. Any funds that are not used for increases in Labor Rates shall not be paid to the Consultant.. DRAFT (a) Every year the County establishes the escalation percentage applicable on architectural and engineering and professional service contracts executed during the next 12 months. This rate shall remain effective for the phase. (b) For amendments adding new work to an existing phase, the escalation percentage shall be the escalation rate established for that phase. (c) When a new phase of work is added to an existing contract, the escalation percentage shall be the most recent escalation rate established by the County. (7) ConsultantName shall provide a minimum of 30 days advance written notice of a change in Labor Rate. ConsultantName shall submit only one written notice of a change in Labor Rate per year (365 calendar day time period) that must include all individual Labor Rate increases. All proposed changes to Labor Rates for ConsultantName and subconsultants shall be submitted in the one written notice. Unless the County disagrees in writing with the proposed Labor Rate(s), the Consultant may start billing at the new Labor Rate 30 days after the advance notice; provided however, all new Labor Rates shall be effective at the beginning of a billing period. Labor Rates increases shall not be retroactive. Only services performed after the 30-30 day time period shall be billed at the new Labor Rate. The written notice of the Labor Rate changes is considered a part of the Agreement documents and shall be incorporated into the Agreement in the next amendment. Written notice shall contain the following information: (a) For each Labor Rate increase, identify the name of each individual, job title/position, old Labor Rate, new Labor Rate, percentage rate increase; projected hours for the remainder of the Period of Performance, and (b) Affirmation that: (i) The new Labor Rate represents the actual labor rate that is being paid to the employee as of the effective date of the rate increase; (ii) The cumulative increases in Labor Rates will not exceed the funds allowed for escalation; (iii) Labor Rate increases shall have no impact on the Scope of Work or Total Price; and (iv) The County will receive all services identified in the Scope of Work for the Total Price of the Agreement. c. The County or County’s designee may audit the Consultant’s books, records, and other supporting data relevant to the Labor Rate, including but not limited to other Agreement rates, terms and conditions in order to evaluate and validate any rate increases or decreases. Should the County determine that the Labor Rate charged to the County is more than the Labor Rate paid to an individual, the County shall be entitled to a refund of the difference between the actual rate paid to the individual and the rate paid by the County plus associated overhead on the on the overpaid portion of the Direct Labor Costs.

Direct Labor Costs. Direct Labor Costs shall be the total number of allowable hours worked on the project by each individual multiplied by the Labor Rate identified in the Cost Summary (Exhibit B, Cost Summary ) for such individual. a. The County shall only pay the Labor Rate and shall not pay any premium associated with overtime. Provided however, with the prior written approval of the Project Representative, if a field inspector (FLSA non-exempt employee) bills over forty (40) hours in a week (defined as Sunday through Saturday) on this Agreement: (1) The County may pay an additional 50% of the Labor Rate for each hour in excess of 40; and (2) The County shall not pay any overhead on this extra labor cost. b. Labor Rates may be subject to reasonable adjustments in accordance with the following provisions: (1) Labor Rates shall not be modified prior to the Labor Rate Adjustment Date specified in Section 1, Agreement Summary@MONTH< DAY< YEAR. ThereafterAfter @MONTH< DAY< YEAR, any increase in Labor Rates shall be effective for a minimum period of at least 365 calendar days. (2) The County has established a maximum labor rate limitation. Labor rates shall not exceed the maximum labor rate limitation except in exceptional and rare circumstances when the County, in its sole discretion, determines it is appropriate to pay a greater rate. (3) The current Maximum Direct Labor Rate and current Maximum Billing Rate maximum labor rate is specified in Section 1, Agreement Summary$71.74. The County will review the maximum labor rate limitation and adjust it either upward or downward in June of every year. (a) If the new maximum labor rate limitation is greater than the current maximum labor rate established in this Contractcontract, the new maximum labor rate will be effective at the next regularly scheduled date for labor rate adjustments. Adjustments are based on the most recent June maximum labor rate. (b) If the new maximum labor rate is less than the current maximum labor rate established in this Contractcontract: (i) For personnel already assigned to the Contract contract who have reached the older higher maximum rate will maintain the rate previously approved by the County; (ii) For new personnel or personnel who have not reached the maximum labor rate limitation, the new lower maximum labor rate limitation will apply. (4) A Labor Rate increase must be based on an actual and verifiable increase in labor costs. (5) The County has the right to refuse increases that lack reasonable justification. DRAFT. (6) This Agreement includes a Labor Escalation Pool @ $DOLLARS (@) that is established to cover increases in labor rates. The This fund is to be called the Labor Escalation Pool is specified in Section 1, Agreement SummaryPool. The Labor Escalation Pool is calculated based on the labor a 1.7% escalation rate specified in Section 1, Agreement Summary, on Labor Rates starting on the Labor Rate Adjustment Date specified in Section 1, Agreement Summary@ MONTH< DATE< YEAR. The Consultant shall manage the project to ensure that increases in Labor Rates do not exceed the Labor Escalation Pool. Any funds that are not used for increases in Labor Rates shall not be paid to the Consultant. (a) Every year the County establishes the escalation percentage applicable on architectural and engineering and professional service contracts executed during the next 12 months. This rate shall remain effective for the phase. (b) For amendments adding new work to an existing phase, the escalation percentage shall be the escalation rate established for that phase. (c) When a new phase of work is added to an existing contract, the escalation percentage shall be the most recent escalation rate established by the County. (7) ConsultantName shall provide a minimum of 30 days advance written notice of a change in Labor Rate. ConsultantName shall submit only one written notice of a change in Labor Rate per year (365 calendar day time period) that must include all individual Labor Rate increases. All proposed changes to Labor Rates for ConsultantName and subconsultants shall be submitted in the one written notice. Unless the County disagrees in writing with the proposed Labor Rate(s), the Consultant may start billing at the new Labor Rate 30 days after the advance notice; provided however, all new Labor Rates shall be effective at the beginning of a billing period. Labor Rates increases shall not be retroactive. Only services performed after the 30-day time period shall be billed at the new Labor Rate. The written notice of the Labor Rate changes is considered a part of the Agreement documents and shall be incorporated into the Agreement in the next amendment. Written notice shall contain the following information: (a) For each Labor Rate increase, identify the name of each individual, job title/position, old Labor Rate, new Labor Rate, percentage rate increase; projected hours for the remainder of the Period of Performance, and (b) Affirmation that: (i) The new Labor Rate represents the actual labor rate that is being paid to the employee as of the effective date of the rate increase; (ii) The cumulative increases in Labor Rates will not exceed the funds allowed for escalation; (iii) Labor Rate increases shall have no impact on the Scope of Work or Total Price; and (iv) The County will receive all services identified in the Scope of Work for the Total Price of the Agreement.