Common use of LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION Clause in Contracts

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. Contractor agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by Contractor’s payment of restitution to the workers who were paid a substandard wage. Contractor further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and Contractor mutually agree that making a precise determination of the amount of City’s damages as a result of Contractor’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF THREE (3) TIMES THE DIFFERENCE BETWEEN THE ACTUAL AMOUNT OF WAGES PAID AND THE AMOUNT OF WAGES THAT SHOULD HAVE BEEN PAID. City By Name: Xxxx Xxxxxxxxxxx Title: Purchasing Officer Date: Contractor By Name: Title: Date: CITY WAGE DETERMINATION SCOPE: Janitorial Services at City Hall (Tower, Rotunda & Wing), Police Department, City Libraries, City Community Centers, City Parks, Citywide Public Art Locations and the Water Pollution Control Plant ISSUANCE DATE: October 6, 2011 Work Classification Basic Hourly Pay Rate Medical Benefit Total Hourly Pay Janitorial Janitor/Custodian $13.59 $1.25 $14.84* *The City of San Xxxx has adopted the City’s Living Wage Rate as its Prevailing wage Rate for janitorial services. The full amount of the total hourly wage must be paid directly to the worker unless the Contractor is making payments to a medical benefit plan.

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. Contractor agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by Contractor’s payment of restitution to the workers who were paid a substandard wage. Contractor further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and Contractor mutually agree that making a precise determination of the amount of City’s damages as a result of Contractor’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF THREE (3) TIMES THE DIFFERENCE BETWEEN THE ACTUAL AMOUNT OF WAGES PAID AND THE AMOUNT OF WAGES THAT SHOULD HAVE BEEN PAID. APPROVED AS TO FORM: Senior Deputy City Attorney City of San Xxxx a municipal corporation By Name: Xxxx Xxxxxxxxxxx Title: Purchasing Officer Deputy Director, Finance Date: Contractor SmartWAVE Technologies LLC “Contractor” a Georgia limited liability company By Name: Xx Xxxxx, President Title: Date: Exhibit J – Contractor’s Payment Bond KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the CITY WAGE DETERMINATION SCOPE: Janitorial Services at City Hall OF SAN XXXX, a municipal corporation of the State of California, (Tower, Rotunda & Winghereinafter designated as "Public Entity"), Police Departmentis about to enter into a certain contract with SmartWAVE Technologies, City LibrariesLLC a Georgia limited liability company, City as Principal, namely, "Contract for ESUHSD Community CentersWiFi Deployments”, City Parksfor the work hereinafter briefly described, Citywide Public Art Locations to wit: Specifications for ESUHSD Community WiFi Deployments and more fully described in and required by said contract, the Water Pollution Control Plant ISSUANCE DATE: October 6, 2011 Work Classification Basic Hourly Pay Rate Medical Benefit Total Hourly Pay Janitorial Janitor/Custodian $13.59 $1.25 $14.84* *The award of which said Contract was made to said Principal by the City of San Xxxx has adopted the City’s Living Wage Rate as its Prevailing wage Rate for janitorial services. The full amount on { date of the total hourly wage must be paid directly to the worker unless the Contractor is making payments to a medical benefit planaward}.

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. Contractor CONTRACTOR agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by ContractorCONTRACTOR’s payment of restitution to the workers who were paid a substandard wage. Contractor CONTRACTOR further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and Contractor CONTRACTOR mutually agree that making a precise determination of the amount of City’s damages as a result of ContractorCONTRACTOR’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF THREE (3) TIMES THE DIFFERENCE BETWEEN THE ACTUAL AMOUNT OF WAGES PAID AND THE AMOUNT OF WAGES THAT SHOULD HAVE BEEN PAID. City CITY By Name: Xxxx Xxxxxxxxxxx Title: Chief Purchasing Officer Date: Contractor CONTRACTOR By Name: Title: Date: CITY LIVING WAGE DETERMINATION SCOPE: Janitorial Security Guard Services at for City Hall (Tower, Rotunda & Wing), Police Department, City Libraries, City Community Centers, City Departments/Locations: Public Works; Department of Transportation; Parks, Citywide Public Art Locations Recreation and the Neighborhood Services; Water Pollution Control Plant Plant; and Work2Furture; Xxxxxx X. Mineta San Xxxx International Airport ISSUANCE DATE: October 6February 13, 2011 Work Classification Basic Hourly Pay Rate Medical Benefit Total Hourly Pay Janitorial Janitor/Custodian $13.59 $1.25 $14.84* *The City of San Xxxx has adopted the City’s 2013 Living Wage Rate as its Prevailing wage With Health Benefits Living Wage Rate for janitorial servicesWithout Health Benefits $14.73 $15.98 Hours and Days of Work (Industrial Welfare Commission Order No. The full amount of the total hourly wage must 4-2001) Employees shall not be paid directly to the worker employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the Contractor employee receives one and one-half (1 ½) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is making payments to a medical benefit plan.permissible provided the employee is compensated for such overtime at not less than:

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. Contractor CONTRACTOR agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by ContractorCONTRACTOR’s payment of restitution to the workers who were paid a substandard wage. Contractor CONTRACTOR further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and Contractor CONTRACTOR mutually agree that making a precise determination of the amount of City’s damages as a result of ContractorCONTRACTOR’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF THREE (3) TIMES THE DIFFERENCE BETWEEN THE ACTUAL AMOUNT OF WAGES PAID AND THE AMOUNT OF WAGES THAT SHOULD HAVE BEEN PAID. City By Name: Xxxx Xxxxxxxxxxx Title: Chief Purchasing Officer Date: Contractor CONTRACTOR By Name: Title: Date: CITY LIVING WAGE DETERMINATION SCOPE: Janitorial Security Guard Services at for City Hall (Tower, Rotunda & Wing), Police Department, City Libraries, City Community Centers, City Departments/Locations: Public Works; Department of Transportation; Parks, Citywide Public Art Locations Recreation and the Neighborhood Services; Water Pollution Control Plant Plant/Municipal Water; and Work2Furture; Xxxxxx X. Mineta San Xxxx International Airport ISSUANCE DATE: October 6February 13, 2011 Work Classification Basic Hourly Pay Rate Medical Benefit Total Hourly Pay Janitorial Janitor/Custodian $13.59 $1.25 $14.84* *The City of San Xxxx has adopted the City’s 2013 Living Wage Rate as its Prevailing wage With Health Benefits Living Wage Rate for janitorial servicesWithout Health Benefits $14.73 $15.98 Hours and Days of Work (Industrial Welfare Commission Order No. The full amount of the total hourly wage must 4-2001) Employees shall not be paid directly to the worker employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the Contractor employee receives one and one-half (1 ½) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is making payments to a medical benefit plan.permissible provided the employee is compensated for such overtime at not less than:

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. Contractor agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by Contractor’s payment of restitution to the workers who were paid a substandard wage. Contractor further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and Contractor mutually agree that making a precise determination of the amount of City’s damages as a result of Contractor’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF THREE (3) TIMES THE DIFFERENCE BETWEEN THE ACTUAL AMOUNT OF WAGES PAID AND THE AMOUNT OF WAGES THAT SHOULD HAVE BEEN PAID. APPROVED AS TO FORM: Senior Deputy City Attorney City of San Xxxx a municipal corporation By Name: Xxxx Xxxxxxxxxxx Title: Purchasing Officer Deputy Director, Finance Date: Contractor Q-Free TCS Inc. “Contractor” a Delaware corporation By Name: Title: Date: CITY WAGE DETERMINATION SCOPE: Janitorial Services at City Hall (TowerXxxx Xxxxxxx, Rotunda & Wing), Police Department, City Libraries, City Community Centers, City Parks, Citywide Public Art Locations and the Water Pollution Control Plant ISSUANCE DATE: October 6, 2011 Work Classification Basic Hourly Pay Rate Medical Benefit Total Hourly Pay Janitorial Janitor/Custodian $13.59 $1.25 $14.84* *The City of San Xxxx has adopted the City’s Living Wage Rate as its Prevailing wage Rate for janitorial services. The full amount of the total hourly wage must be paid directly to the worker unless the Contractor is making payments to a medical benefit plan.CEO

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. Contractor CONTRACTOR agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by ContractorCONTRACTOR’s payment of restitution to the workers who were paid a substandard wage. Contractor CONTRACTOR further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and Contractor CONTRACTOR mutually agree that making a precise determination of the amount of City’s damages as a result of ContractorCONTRACTOR’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR T-25605.006/ 954332 SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF THREE (3) TIMES THE DIFFERENCE BETWEEN THE ACTUAL AMOUNT OF WAGES PAID AND THE AMOUNT OF WAGES THAT SHOULD HAVE BEEN PAID. City By Name: Xxxx Xxxxxxxxxxx Title: Chief Purchasing Officer Date: Contractor CONTRACTOR By Name: Title: Date: T-25605.006/ 954332 CITY LIVING WAGE DETERMINATION SCOPE: Janitorial Security Guard Services at for City Hall (Tower, Rotunda & Wing), Police Department, City Libraries, City Community Centers, City Departments/Locations: Public Works; Department of Transportation; Parks, Citywide Public Art Locations Recreation and the Neighborhood Services; Water Pollution Control Plant Plant/Municipal Water; and Work2Furture; Xxxxxx X. Mineta San Xxxx International Airport ISSUANCE DATE: October 6February 13, 2011 Work Classification Basic Hourly Pay Rate Medical Benefit Total Hourly Pay Janitorial Janitor/Custodian $13.59 $1.25 $14.84* *The City of San Xxxx has adopted the City’s 2013 Living Wage Rate as its Prevailing wage With Health Benefits Living Wage Rate for janitorial servicesWithout Health Benefits $14.73 $15.98 Hours and Days of Work (Industrial Welfare Commission Order No. The full amount of the total hourly wage must 4-2001) Employees shall not be paid directly to the worker employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the Contractor employee receives one and one-half (1 ½) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is making payments to a medical benefit plan.permissible provided the employee is compensated for such overtime at not less than:

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. Contractor agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by Contractor’s payment of restitution to the workers who were paid a substandard wage. Contractor further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and Contractor mutually agree that making a precise determination of the amount of City’s damages as a result of Contractor’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF THREE (3) TIMES THE DIFFERENCE BETWEEN THE ACTUAL AMOUNT OF WAGES PAID AND THE AMOUNT OF WAGES THAT SHOULD HAVE BEEN PAID. City By Name: Xxxx Xxxxxxxxxxx Title: Purchasing Officer Date: 2011-2012 Compass Group USA/ 644238 Xxxxxxx Senior Meals D-3 T-23422.002\827018 COMPASS GROUP USA INC. Contractor BY AND THROUGH ITS XXXXXXX DIVISION By Name: Title: Date: 2011-2012 Compass Group XXX/ 000000 Xxxxxxx Senior Meals D-4 T-23422.002\827018 ATTACHMENT I CITY OF SAN XXXX WAGE DETERMINATION CONTRACT SCOPE: Janitorial Services at City Hall (Tower, Rotunda & Wing), Police Department, City Libraries, City Community Centers, City Parks, Citywide Public Art Locations and the Water Pollution Control Plant ISSUANCE Senior Nutrition Program ISSUE DATE: October 6August 3, 2011 Work Contracts governed by both the City of San José’s Living Wage Policy (Resolution No. 68900) and its Prevailing Wage Policy (Resolution No. 61144) are subject to the Policy with the higher wage requirements. SENIOR NUTRITION CLASSIFICATIONS SUBJECT TO PREVAILING WAGE POLICY Classification Basic Hourly Pay Rate Medical Benefit Health, Welfare & Pension Vacation Minimum (5 Days) Paid Sick Leave (6 Days) Total Hourly Pay Janitorial Janitor/Custodian Rate* Food Service Coordinator $13.59 16.71 $1.25 2.71 $14.84* *The City of San .32 $.39 $20.13 Xxxx has adopted the City’s Living Wage Rate as its Prevailing wage Rate for janitorial services. The full amount of the total hourly wage must be paid directly to the worker unless the Contractor is making payments to a medical benefit plan.$14.17 $2.71 $.27 $.32 $17.47

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. Contractor CONTRACTOR agrees its breach of the Wage Requirement would cause the City CITY damage by undermining the Goals, and CityCITY’s damage would not be remedied by ContractorCONTRACTOR’s payment of restitution to the workers who were paid a substandard wage. Contractor CONTRACTOR further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City CITY and Contractor CONTRACTOR mutually agree that making a precise determination of the amount of CityCITY’s damages as a result of ContractorCONTRACTOR’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF THREE (3) TIMES THE DIFFERENCE BETWEEN THE ACTUAL AMOUNT OF WAGES PAID AND THE AMOUNT OF WAGES THAT SHOULD HAVE BEEN PAID. City CITY By Name: Xxxx Xxxxxxxxxxx Title: Chief Purchasing Officer Date: Contractor CONTRACTOR By Name: Title: Date: CITY LIVING WAGE DETERMINATION SCOPE: Janitorial Security Guard Services at City Hall (Tower, Rotunda & Wing), Police Department, City Libraries, City Community Centers, City for CITY Departments/Locations: Public Works; Department of Transportation; Parks, Citywide Public Art Locations Recreation and the Neighborhood Services; Water Pollution Control Plant Plant/Municipal Water; and Work2Furture; Xxxxxx X. Mineta San Xxxx International Airport ISSUANCE DATE: October 6February 13, 2011 Work Classification Basic Hourly Pay Rate Medical Benefit Total Hourly Pay Janitorial Janitor/Custodian $13.59 $1.25 $14.84* *The City of San Xxxx has adopted the City’s 2013 Living Wage Rate as its Prevailing wage With Health Benefits Living Wage Rate for janitorial servicesWithout Health Benefits $14.73 $15.98 Hours and Days of Work (Industrial Welfare Commission Order No. The full amount of the total hourly wage must 4-2001) Employees shall not be paid directly to the worker employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the Contractor employee receives one and one-half (1 ½) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is making payments to a medical benefit plan.permissible provided the employee is compensated for such overtime at not less than:

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. Contractor agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by Contractor’s payment of restitution to the workers who were paid a substandard wage. Contractor further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and Contractor mutually agree that making a precise determination of the amount of City’s damages as a result of Contractor’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF THREE (3) TIMES THE DIFFERENCE BETWEEN THE ACTUAL AMOUNT OF WAGES PAID AND THE AMOUNT OF WAGES THAT SHOULD HAVE BEEN PAID. City By Name: Xxxx Xxxxxxxxxxx Title: Chief Purchasing Officer Date: Contractor By Name: Title: Date: CITY LIVING WAGE DETERMINATION SCOPE: Janitorial Security Guard Services at for City Hall (Tower, Rotunda & Wing), Police Department, City Libraries, City Community Centers, City Departments/Locations: Public Works; Department of Transportation; Parks, Citywide Public Art Locations Recreation and the Neighborhood Services; Water Pollution Control Plant Plant; and Work2Furture; Xxxxxx X. Mineta San Xxxx International Airport ISSUANCE DATE: October 6February 13, 2011 Work Classification Basic Hourly Pay Rate Medical Benefit Total Hourly Pay Janitorial Janitor/Custodian $13.59 $1.25 $14.84* *The City of San Xxxx has adopted the City’s 2013 Living Wage Rate as its Prevailing wage With Health Benefits Living Wage Rate for janitorial servicesWithout Health Benefits $14.73 $15.98 Hours and Days of Work (Industrial Welfare Commission Order No. The full amount of the total hourly wage must 4-2001) Employees shall not be paid directly to the worker employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the Contractor employee receives one and one-half (1 ½) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is making payments to a medical benefit plan.permissible provided the employee is compensated for such overtime at not less than:

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. Contractor agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by Contractor’s payment of restitution to the workers who were paid a substandard wage. Contractor further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and Contractor mutually agree that making a precise determination of the amount of City’s damages as a result of Contractor’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR Contractor SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF THREE (3) TIMES THE DIFFERENCE BETWEEN THE ACTUAL AMOUNT OF WAGES PAID AND THE AMOUNT OF WAGES THAT SHOULD HAVE BEEN PAID. City By Name: Xxxx Xxxxxxxxxxx Title: Purchasing Officer Date: Contractor By Name: Xxx Xxxxxxxxx Title: President and COO Date: CITY WAGE DETERMINATION Exhibit F-1 Classification and Wage Determination CONTRACT SCOPE: Janitorial Services at City Hall (Tower, Rotunda & Wing), Police Department, City Libraries, City Community Centers, City Parks, Citywide Public Art Locations and the Water Pollution Control Plant ISSUANCE AIRPORT SHUTTLE BUS SERVICES ISSUE DATE: October 6January 28, 2011 Work 2013 Contracts governed by both the City of San Jose’s Living Wage Policy (Resolution No. 68900) and its Prevailing Wage Policy (Resolution No. 61144) are subject to the Policy with the higher wage requirements. PREVAILING WAGE RATES Classification Basic Hourly Pay Rate Medical Benefit Health Welfare & Pension Vacation Minimum (10 Days) Paid Sick Leave (6 Days) Paid Holidays (9 Days) Total Hourly Pay Janitorial Janitor/Custodian Pay* Shuttle Bus Driver $13.59 22.96 $1.25 3.90 $14.84.88 $ .52 $.80 $29.06 Shuttle Bus Cleaners $18.44 $3.90 $.72 $.43 $.66 $24.15 * *The City of San Xxxx has adopted the City’s Living Wage Rate as its Prevailing wage Rate for janitorial services. The full amount of the total hourly wage must be paid directly to the worker unless worker, UNLESS the Contractor is making payments to a medical benefit plan.. If the Contractor is making payments to a benefit plan, but the benefits being paid do not add up to the full amount of benefits listed above, the Contractor must pay the difference directly to the worker. Breakdown of Benefits Paid Vacation (Calculate at After 1 year 10 Days – 80 Hours applicable hourly pay rate) After 5 years 15 Days – 120 Hours After 10 years 20 Days – 160 Hours After 15 years 20 Days – 160 Hours Paid Sick Leave Six (6) paid Sick Days Paid Holidays Nine (9) paid Holidays Hours and Days of Work Employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (1 ½) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is permissible provided the employee is compensated for such overtime at not less than:

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. Contractor agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by Contractor’s payment of restitution to the workers who were paid a substandard wage. Contractor further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and Contractor mutually agree that making a precise determination of the amount of City’s damages as a result of Contractor’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF THREE (3) TIMES THE DIFFERENCE BETWEEN THE ACTUAL AMOUNT OF WAGES PAID AND THE AMOUNT OF WAGES THAT SHOULD HAVE BEEN PAID. City By Name: Xxxx Xxxxxxxxxxx Title: Purchasing Officer Date: Contractor By _ Name: Title: Date: CITY _ ATTACHMENT I Exhibit 1 PREVAILING WAGE DETERMINATION SCOPE: Janitorial Services at City Hall (Tower, Rotunda & Wing), Police Department, City Libraries, City Community Centers, City Parks, Citywide Public Art Locations and the Water Pollution Control Plant ISSUANCE DATE: October 6, 2011 Work Classification Basic Hourly Pay Rate Medical Benefit Total Hourly Pay Janitorial Janitor/Custodian $13.59 $1.25 $14.84* *The CRAFT CLASSIFICATIONS City of San Xxxx has adopted Wage CONTRACT SCOPE: Fuel Cell Installation, Operation & Maintenance Contracts governed by both the CityCity of San Jose’s Living Wage Rate as Policy (Resolution No. 68900) and its Prevailing Wage Policy (Resolution No. 61144) are subject to the Policy with the higher wage Rate for janitorial servicesrequirements. PREVAILING WAGE Work DIR Craft Classification & Page Number Electrical Electrician: Inside Xxxxxxx, Technician [Page 145] Plumbing Plumber: Plumber, Steamfitter, Refrigeration (HVAC) [Page 145a] Sheet Metal Sheet Metal Worker [Page 145a] For work not expressly identified above, please refer to the Department of Industrial Relations website referenced on Page 2 of this Attachment of the RFP. Conform the work to the appropriate craft classification listed in the General Prevailing Wage Determination made by the Director of Industrial Relations. The full amount above classifications have been provided as the majority of the total hourly wage must be paid directly to the worker unless the Contractor is making payments to a medical benefit planwork during construction, operations and maintenance would fall under these classifications.