With the passing of Senate Bill 19-196, the Office of the State Architect is responsible for the implementation of the Prevailing Wage and Apprenticeship program for Public Projects that do not receive federal funds.
As defined by C.R.S. §24-92-201 (5) “Public project” means 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 public health, welfare, or safety and any operation or maintenance programs for the operation and upkeep of such projects. “Public project” includes any work, construction, or repair performed by a private party through a contract to rent, lease, or purchase at least fifty percent of the project by one or more agencies of government.
Any construction contract awarded for $500,000 or more is subject to the requirements of prevailing wage and any public project construction in the amount of $1 million dollars or more shall be required to comply with the Apprenticeship utilization requirements of C.R.S. §24-92-115. Projects utilizing Federal funds are exempt from these requirements. Please see the Colorado Department of Transportation website for their labor compliance requirements.
The Labor Poster and applicable prevailing wages must be displayed where easily accessible to workers on all Public Projects of $500,000 or more. A Daily Log of employees must be kept on site for all Public Projects of $500,000 or more. It must include each employees name, primary job title, and employer and must be completed on a daily basis. The log must be available for inspection on the site at all times.
OSA Labor Compliance
OSA Labor Compliance Information
OSA Labor Compliance Forms
Public Project Labor Compliance
Q. What is considered a Public Project?
A. A Public Project is any construction, alteration, repair, demolition or improvement of any land, building, structure, facility, road, highway, bridge or other public improvement for the State including any work, construction or repair performed by a private party through a contract to rent lease or purchase at least fifty percent of the project by one or more State agencies. Refer to CRS 24-92-201(5)
Apprenticeship Utilization Compliance
Q. Who is required to Report Apprentice Utilization?
A. General Contractors bidding on Public Projects estimated at one million dollars or more that does not receive federal money are required to submit Apprenticeship Certification prior to the execution of the contract for all mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, and plumbing trades.
Payroll Compliance
Q. What is Certified Payroll?
A. In order to ensure that the construction labor workforce is paid prevailing wages for their work, contractors must enter project payroll data into the LCPtracker system on a weekly basis, and then certify that the data entered is compliant with The Office of the State Architect’s Public Projects Policy. Contractors must also submit the the Contractor Fringe Benefit Statement for each project via LCPtracker. Each employee that works on a project will need to have an Employees Consent for Wage Deductions form completed and uploaded into LCPtracker and benefits must be expressed as a dollar amount. Benefits required by law are not eligible for consideration in the Fringe Benefits (e.g., Social Security, Affordable Care Act, and Workers' Compensation).
Q. Who is Required to Report Certified Payrolls?
A. Every contractor and sub-contractor (subs) working on a State of Colorado Public Project is responsible for entering and certifying weekly payroll while actively working on the project. The prime contractor is then responsible for reviewing and approving all data entered by subs, and the project manager (agency or institution) will then review and either accept or reject the payrolls for the month.
LCPtracker
Q. What is LCPtracker?
A. LCPtracker is the State of Colorado system for monitoring labor compliance for construction contracts. All construction contractors (primes and subs) must log in to LCPtracker weekly to submit and certify payrolls. Professional Services as defined by CRS 24-30-1402 are not required to use LCPtracker. LCPtracker allows the Department of Personnel & Administration (DPA) to monitor and report on labor compliance requirements including certified payroll and apprenticeship.
LCPtracker Roles & Responsibilities
Different project roles will utilize LCP differently; see the table below for your responsibilities.
|
Construction Subcontractors |
Enter and certify data for employees |
|---|---|
|
Construction Prime Contractors |
Enter and certify data for employees, review and approve subcontractor data |
|
Agency/IHE Administrators |
Review and approve weekly project payrolls |
|
Agency/IHE Project Managers |
Review and approve weekly project payrolls |
|
DPA/Office of the State Architect |
QA/QC of data |
|
DPA/Office of the State Architect |
Statewide reporting of data |
|
CDLE/Office of Labor Standards |
Investigate wage complaints |
LCPtracker Contractor Training
Designed for general contractors and their Subs, the 2023 LCPtracker Contractor Training provides an overview of how to enter and submit prevailing wage data and more. This is a step by step tutorial for using and understanding the LCPtracker system.