HOUSE OF REPRESENTATIVES

H.B. NO.

886

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC CONTRACTS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 103-55.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§103-55.5[]]  Wages and hours of employees on public works construction contracts.  (a)  Before any bidder or offeror enters into a contract for construction of a public work project in excess of $2,000, which is subject to chapter 104, the bidder or offeror shall affirm the bidder's or offeror's intent to comply with the requirements of chapter 104 by certifying that:

     (1)  Individuals engaged in the performance of the contract on the job site shall be paid:

         (A)  Not less than the wages that the director of labor and industrial relations shall have determined to be prevailing for corresponding classes of laborers and mechanics employed on public works projects; and

         (B)  Overtime compensation at one and one-half times  the basic hourly rate plus fringe benefits for hours worked on Saturday, Sunday, or a legal holiday of the State or in excess of eight hours on any other day; and

     (2)  All applicable laws of the federal and state governments relating to workers' compensation, unemployment compensation, payment of wages, and safety shall be fully complied with.

     (b)  Whenever a bidder submitting the lowest bid submits a bid that is ten per cent lower than the next lowest bid or ten per cent under the amount projected by the governmental contracting agency, the bid shall be rejected by the governmental contracting agency unless, upon notification by the governmental contracting agency, the bidder provides the governmental contracting agency with a projected breakdown of the hours of the individuals to be engaged in the performance of the contract on the job site employees and furthermore certifies to the governmental contracting agency that the individuals shall be paid not less than the wages specified under subsection (a)(1)(A).

     [(b)] (c)  No contract for construction of any public work project in excess of $2,000 shall be granted unless all the conditions of this section are met.

     [(c)] (d)  It shall be the duty of the governmental contracting agency awarding the contract for construction of a public work project in excess of $2,000 to enforce this section."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Public Contracts; Bids

 

Description:

Requires certain low bidders on public works construction contracts to provide the governmental contracting agencies with a projected breakdown of the hours of employees on the contract.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.