Article 59. Public Entities—tree Planting Act Of 1931 of California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 59.
The provisions of this article shall apply to contracts by
public entities as provided for in the Tree Planting Act of 1931
pursuant to Part 1 (commencing with Section 22000) of Division 15 of
the Streets and Highways Code.
The board may direct the city forester to let contracts for
all or any part of any improvement ordered by the city council. The
city forester shall let the said contracts to the lowest responsible
bidder, after notice by publication in two successive issues of any
daily, or in one issue of any weekly, newspaper published and
circulated in the city, or if there is no such newspaper, by posting
for five days at three public places in the city. The work so
contracted for shall be done under the supervision of the city
All bids for construction work shall be presented under
sealed cover and shall be accompanied by one of the following forms
of bidder's security:
(b) A cashier's check made payable to the local agency.
(c) A certified check made payable to the local agency.
(d) A bidder's bond executed by an admitted surety insurer, made
payable to the local agency.
Upon an award to the lowest bidder, the security of an
unsuccessful bidder shall be returned in a reasonable period of time,
but in no event shall that security be held by the local agency
beyond 60 days from the time the award is made.
If the contractor abandons the work, or fails to proceed
with it as rapidly as required by the contract, the city forester may
relet the work in the same manner as in the first letting, or
complete or cause it to be completed in any other manner he or she
deems advisable. The city forester may retain the amount of any
expense incidental to the reletting, out of any funds due or to
become due to the contractor, and may also hold the contractor and
the sureties upon the contractor's bond responsible for any
additional expenses and for any damages resulting from the
abandonment or failure to complete the contract.
The legislative body, by contract or otherwise, shall
provide for the performance of all work ordered by it pursuant to
this article, including the construction and installation of any
improvements and the furnishing of maintenance or service for any
All or any part of the improvements may be constructed,
installed, or owned and all or any part of the maintenance and
servicing of any of the improvements may be provided by one or any
combination of any of the following:
(a) The local agency conducting proceedings.
(b) Any other public agency.
(c) Any public utility.
The local agency, by contract made with another public
agency or with a public utility, may provide for the construction,
installation, or ownership of any improvements or for the furnishing
of maintenance or service for any improvements. Any contract with
another public agency shall be made in compliance with all laws
applicable to the other public agency and to the local agency. Any
contract with a public utility shall be made in compliance with and
subject to all tariffs, rules, and rate schedules of the public
utility on file with and approved by the Public Utilities Commission.
Except as otherwise provided in this section, a contract may contain
such provisions as may be agreed upon by the local agency and the
other public agency or the public utility, as the case may be.
Except for any work provided for by contract made pursuant
to Section 20897, the legislative body shall provide for the
construction or installation of all improvements and for the
furnishing of maintenance and service for any improvements in
accordance with and subject to all laws applicable to the local
agency, including any laws requiring the letting of contracts after