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: 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 a municipal corporation By Name: Xxxx Xxxxxxxxxxx Title: Purchasing Officer Deputy Director, Finance Date: Contractor “Contractor” a Georgia limited liability company By Name: Xx Xxxxx, President Title: Date: Work Classification Basic Hourly Pay Rate Medical Benefit Total Hourly Pay Janitorial Janitor/Custodian $13.59 $1.25 $14.84* *The KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the CITY OF SAN XXXX, a municipal corporation of the State of California, (hereinafter designated as "Public Entity"), is about to enter into a certain contract with SmartWAVE Technologies, LLC a Georgia limited liability company, as Principal, namely, "Contract for ESUHSD Community WiFi Deployments”, for the work hereinafter briefly described, to wit: Specifications for ESUHSD Community WiFi Deployments and more fully described in and required by said contract, 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 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: Work Classification Basic Hourly Pay Rate Medical Benefit Total Hourly Pay Janitorial Janitor/Custodian $13.59 $1.25 $14.84* *The _ Contracts governed by both the City of San Xxxx has adopted the CityJose’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. 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.