1776.2.
(a) An owner, a developer, or the agent of an owner or developer, that contracts with a contractor or subcontractor or engages in the performance of work on a public works project subject to this chapter and that receives public funds as set forth in subdivision (b) of Section 1720 from a public agency to perform a public works project pursuant to subdivision (c) of Section 1720, shall make available upon written request from an authorized entity the following public works records in their possession:(1) Requests for bids and submitted bid documents, including, but not limited to, bid advertisements, a list of all bids received, the notice of award, and the notice to proceed.
(2) Final executed construction contracts, including, but not limited to, lists of all contractors and subcontractors performing work on the project, copies of performance or payment bond, or both, issued on behalf of the contractor or subcontractors, copies of side agreements, project labor agreements, or any other agreements between the owner, developer, or the agent of the owner or developer and the contractor and subcontractors related to the public works project.
(3) Inspection and work logs, including, but not limited to, the inspectors’ photos of work performed on the project, critical chart paths, construction schedules and other documents showing the times when particular types of work have been performed or are expected to be performed by a contractor or subcontractor, daily worksite sign-in sheets, and the notice of completion.
(4) If the owner, developer, or the agent of the owner or developer were required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the monthly reports required under Section 2602 of the Public Contract Code.
(5) Funding documentation, including, but not limited to, the funding sources, funding agreements, and tax credits.
(b) (1) The following authorized entities may request records pursuant to this section:
(A) A joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a).
(B) A multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)).
(C) An organization operating pursuant to Section 501(c)(6) of the federal Internal Revenue Code and established for the purpose of ensuring compliance within the building and construction trades industry.
(2) For contractors or subcontractors only, an authorized entity may request the records outlined in Section 1776 evidencing work performed by the contractor’s or subcontractor’s employees on a public works project pursuant to this section and the statement of employer payments related to fringe benefits payments for the employees.
(c) (1) Any records made available under this section shall be redacted to prevent disclosure of any individual’s social security number. Nothing in this section requires the disclosure of financial records or confidential or proprietary information, including trade secrets.
(2) For purposes of this section, unredacted records shall be permitted to be provided to a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) and a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) in the manner prescribed in Section 1776.
(d) An owner, a developer, and the agent of an owner or developer are not responsible for any liability, damages, or penalty assessment due to the failure of a contractor or subcontractor to provide records in response to a request by an authorized entity listed in subdivision (b).
(e) An owner, a developer, the agent of an owner or developer, a contractor, and a subcontractor shall comply with this section within 10 days after receipt of a written notice requesting the records enumerated in subdivision (a).
(f) An owner, a developer, the agent of an owner or developer, a contractor, or a subcontractor, who fails to comply with this section shall be subject to a penalty by the Labor Commissioner of one hundred dollars ($100) per day, per violation. Penalties received pursuant to this subdivision shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.
(g) Nothing in this section shall limit the public’s ability to request public records pertaining to public works projects as provided under existing law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).