7 CCR 1103-6-3 - KJICA: The "Colorado Labor" Requirement and Contractor Obligations
3.1 Under C.R.S.
ยง
8-17-101(1),
workers meeting the Rule 2.3 definition of "Colorado labor" are required to
perform at least eighty percent of the work on public projects undertaken in
the state of Colorado and financed in whole or in part by funds of the state of
Colorado or its counties, school districts, or municipalities, unless the
requirement is waived by the governmental body financing the public works
project.
3.2 Compliance with Rule
3.1 is measured over the entirety of the completed project, and is determined
using the total taxable wages and fringe benefits paid to workers meeting the
Rule 2.3 definition of "Colorado labor," minus any per diem payments made to
such workers.
3.3 In order to meet
the Rule 2.3 definition of "Colorado labor," workers must provide contractors
with adequate proof of residency.
3.3.1 Each
contractor shall retain the documentation required under the law for at least
ninety days after the completion of the project.
3.3.2 Workers who establish residency during
the course of the project also qualify as "Colorado labor" under Rule
2.3.
3.3.3 The Division assesses
the acceptability and validity of residency documentation on a case-by-case
basis. The Division examines the totality of the circumstances and the evidence
provided for each covered worker in the reviewing of residency documentation.
Examples of potentially acceptable residency documentation may include, but are
not limited to:
(A) valid Colorado's driver's
license or state-issued photo identification;
(B) Colorado voter registration;
(C) utility or water bill;
(D) rental lease;
(E) state income tax returns;
and/or
(F) documentation reflecting
ownership of residential real property in Colorado.
3.3.4 The following documentation must be
provided by the contractor to the Division in the event of an investigation:
(A) documentation reflecting the taxable
wages and fringe benefits for each covered worker on the public works project;
and
(B) the required residency
documentation for each covered worker on the public works project.
3.4 The governmental
body financing a public works project shall waive the eighty percent
requirement if there is reasonable evidence to demonstrate insufficient
Colorado labor to perform the work of the project and if compliance with the
law would create an undue burden that would substantially prevent a project
from proceeding to completion.
3.4.1 A
governmental body that allows a waiver shall post notice of the waiver and a
justification for the waiver on its website.
3.4.2 A governmental body shall not impose
contractual damages on a contractor for a delay in work due to the waiver
process.
3.5 All
contracts let for public works financed in whole or in part by funds of the
state, counties, school districts, or municipalities of the state of Colorado
shall contain provisions for the preference in employment of Colorado
labor.
Notes
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