Prevailing Wage and Davis-Bacon Compliance in Colorado 

Colorado's Public Works Regulations

In Colorado, public works regulations are governed primarily by state law, with additional federal requirements for federally funded projects:

• State Law: Colorado Revised Statutes (C.R.S.) § 24-92-201 through § 24-92-210, known as the "Colorado Prevailing Wage Act," apply to specific state-funded public works projects.
• Federal Law: The Davis-Bacon Act (DBA) applies to public works projects that receive federal funding.

Unlike some states, Colorado has no "Little Davis-Bacon Act" that mirrors federal regulations for all public works projects. Colorado's prevailing wage requirements are more limited in scope.

Definition of "Public Works" in Colorado

In Colorado, "public works" is defined explicitly in C.R.S. § 24-92-202(4) as:

"Any construction, alteration, repair, demolition, or improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any maintenance programs for the upkeep of such projects."

This includes construction, reconstruction, improvement, or maintenance projects financed by public funds, such as roads, bridges, schools, government buildings, and other infrastructure.

Prevailing Wage Determinations: Federal (Davis-Bacon) and State-Specific Requirements

Federal Davis-Bacon Act (DBA)

The Davis-Bacon Act applies to federally funded public works projects in Colorado. This act mandates that contractors and subcontractors pay workers no less than the locally prevailing wages (including fringe benefits) for similar work on comparable projects. The U.S. Department of Labor determines these prevailing wages.

Colorado State-Specific Requirements

Colorado's prevailing wage law applies only to state-funded construction projects with a total cost of $500,000 or more. Key points include:

• The Colorado Department of Labor and Employment (CDLE) director determines prevailing wages.
• The law does not apply to projects funded solely by local governments (cities, counties, school districts).
• CDLE conducts annual surveys to determine prevailing wage rates for various job classifications in different regions of Colorado.
• Rates are typically published on July 1 yearly and remain in effect for 12 months.

Components of Wage Determinations

Both federal and state wage determinations include:

• Basic Hourly Rate: The minimum wage must be paid to workers in a specific job classification, excluding fringe benefits.
• Fringe Benefits: Non-cash benefits include health insurance, retirement plans, and vacation.
• Total Hourly Rate: The sum of the basic hourly rate and fringe benefits.

Unique to Colorado, wage determinations often include per diem, a daily expense allowance (if applicable), and Zone Pay, which is Additional compensation based on the distance of the work site from a specified city center.

For example, if the basic hourly rate is $22, fringe benefits are $5, and zone pay is $2, the total hourly rate would be $29. If the contractor does not provide fringe benefits, the worker must receive the entire amount as wages.

Compliance for Contractors and Subcontractors

Contractors and subcontractors working on applicable public works projects in Colorado must:

1. Determine Applicable Wage Rates:
   • Use the U.S. Department of Labor's Wage Determinations Online (WDOL) portal via SAM.gov for federal projects.
   • Refer to the Colorado Department of Labor and Employment (CDLE) website for state projects.
2. Submit Certified Payroll:
   • For federal projects: Use the U.S. Department of Labor's WH-347 form.
   • For state projects: Submit monthly certified payroll records to the contracting state agency.
3. Handle Fringe Benefits: Either provide the fringe benefits as specified or pay workers the equivalent value in cash.
4. Post-Wage Rates On-Site: Display the current prevailing wage rates in a prominent location at the job site.
5. Maintain Records: Keep all relevant documents for three years following the completion of the project.

Penalties for Non-Compliance

Colorado law (C.R.S. § 24-92-209) imposes specific penalties for non-compliance, including:

• Fines of $250 per violation
• Potential debarment from future state contracts
• The requirement to pay back wages

Unique Aspects of Colorado's Prevailing Wage System

• Limited Scope: Applies only to larger state-funded projects ($500,000+).
• No Apprenticeship Requirements: Colorado doesn't mandate specific apprenticeship ratios or programs, unlike some states.
• Zone Pay: Including zone pay in wage determinations is a distinctive feature.
• Annual Updates: Prevailing wage rates are updated yearly, more frequently than in some states.
• Local Government Exemption: This does not apply to projects funded solely by local entities.

Relevant Resources

• U.S. Department of Labor Wage Determinations Online (WDOL): SAM.gov - Wage Determinations
• Colorado Department of Labor and Employment (CDLE) Prevailing Wage Page: https://cdle.colorado.gov/prevailing-wage
• Colorado Revised Statutes § 24-92-201 through § 24-92-210
• Annual Wage Survey Forms: Available on the CDLE website for contractor input

For the most current and detailed information, always refer to the CDLE website and consult with legal counsel familiar with Colorado labor laws.