HAR §12-22-75. Definitions

As used in this chapter: "Project agreement" shall have the same meaning as in chapter 39A, HRS. "Project party" shall have the same meaning as in chapter 39A, HRS. "Special purpose revenue bonds" shall have the same meaning as in chapter 39A, HRS. [Eff and comp 7/23/18 ] (Auth: HRS §104-29) (Imp: HRS §104-2) §12-22-76 Contract provisions, special purpose revenue bonds. (a) The director of finance shall require in a construction project under chapter 39A, HRS, that the project party insert in all solicitations and contracts made and entered into by the project party that prevailing wages in accordance with chapter 104, HRS, be paid to the laborers and mechanics employed. (b) The following provisions shall be included in any agreement for construction of a project funded by special purpose revenue bonds between a project party and the contractor: (1) The project party or the contractor retained by the project party shall maintain and be responsible for all payroll records in accordance with the requirements and be the responsible entity for compliance with chapter 104, HRS, and this chapter, §12-22-76 22-26 including the maintenance of the certified payroll records during the course of the construction work and preserve these records for a period of three years from the close of the project for all laborers and mechanics so employed; and (2) Any other information or requirement as the director may require under chapter 104, HRS, or this chapter. [Eff and comp 7/23/18 ] (Auth: HRS §104-29) (Imp: HRS §104-2) §12-22-77 Project party collective bargaining agreement. Where the project party has entered into a collective bargaining agreement with a bona fide labor union governing the project party's workforce, as set forth in section 104-2(h), HRS, the terms of that collective bargaining agreement and associated provisions shall be deemed the prevailing wages such that the project party shall not be required to pay to its laborers and mechanics covered by the collective bargaining agreement the wages in comparable classifications as published by the director in the wage rate schedules, unless otherwise required under the director's enforcement powers contained in section 104-2(g), HRS. [Eff and comp 7/23/18 ] (Auth: HRS §104-29) (Imp: HRS §104-2)