(A)   Engineering and construction policy.
      (1)   The engineering policy of the county requires strict compliance with the Civil and Professional Engineers Act of the California Business and Professions Code. All plans, specifications, reports and documents required by the county shall be signed and sealed or stamped with the seal of a registered Civil Engineer, currently licensed to practice in the State of California. This signature or seal will indicate their responsibility and expiration date of the license.
      (2)   All facilities covered by those standards shall be constructed by contractors holding a currently valid license issued by the Contractors License Board, Department of Professional and Vocational Standards, State of California. The contractor must be licensed in one of the following classifications:
         (a)   General Engineering Class 1A; and
         (b)   Specialty license covering specialty work being performed.
      (3)   If the Design Engineer responsible for the plans disagrees with any changes required by the Engineer as a result of the Department’s review of the plans, the disagreement shall be brought to the attention of the Engineer for resolution prior to the start of construction of the project set forth in the plans. The seal or stamp of the Design Engineer on the corrected and approved plans for construction will signify that they have reviewed, approved and authorized the corrected plans for construction.
   (B)   Approved plans. Complete plans and specifications for all proposed streets, bikeways, grading, drainage facilities, sewerage, street lighting, water distribution systems, industrial developments, commercial developments and subdivisions, including any necessary dedications, easements and rights-of- entry, shall be submitted to the County Engineer for approval. This approval must be substantiated by the signature of the County Engineer or his or her authorized representatives prior to the beginning of construction of any such improvements. The County Engineer or their representative shall order any contractor to cease work on any project if the contractor does not have properly approved plans in his or her possession.
   (C)   Reference to county specifications and standards. The general notes and special provisions of all plans shall include the following note: All construction and materials shall be in accordance with the latest edition of the San Benito County Improvement Standards.
   (D)   Work in county rights-of-way, easements and waterways.
      (1)   Possession of a complete set of county-approved engineered plans and valid encroachment permit shall allow a contractor to perform work specified on the plans in county rights-of-way, easements, and waterways. The contractor shall be bonded as required and as specified in Chapter 19.27 of the San Benito County Code.
      (2)   In lieu of the above required plans, minor work within county rights-of-way, easements and waterways shall be performed in accordance with the following:
         (a)   1.   Minor work within street rights-of-way and easements may be performed with an encroachment permit. Minor work generally consists of such items as widening or constructing sidewalks adjacent to existing roadside curb and gutter, constructing driveways in existing curb and gutter, constructing asphalt concrete driveways, installing driveway culverts for utility related work, and work which requires cutting and road surface.
            2.   The encroachment permit shall be issued in accordance with Cal. Streets and Highways Code Division 2, Chapter 5.5, and Chapter 19.27 of San Benito County Code.
         (b)   Work within street rights-of-way and easements consisting of street light installations or street light installations and minor work described above may be performed with an encroachment permit and sketch of the proposed encroachment.
         (c)   Encroachment sketch shall be in accordance with all of the requirements of these standards except that division (A)(1) will be waived for the preparation of the encroachment sketch.
      (3)   (a)   Minor work within the floodplain of all creeks and swales, waterways, and drainage easements may be performed with a San Benito County flood control agency permit.
         (b)   Minor work generally consists of such items as connecting yard drains into existing manholes, grading within the flood plain of creeks and swales, removing trees within creeks and other minor items of work involving waterways.
   (E)   Improvement plan submittal.
      (1)   The initial submittal of improvement plans to the County Engineer shall consist of the following:
         (a)   The following plans, calculations and supporting data, all in duplicate:
            1.   Complete sets of plans and specifications, prepared in accordance with these Improvement Standards and the Standard Specifications;
            2.   The watershed map and drainage calculations in accordance with Article 3 of this chapter;
            3.   “R” value test results for the proposed streets; and
            4.   Design calculations for storm sewers, pumping plants, structures, street lights, sanitary sewers, sewage treatment plant and water distribution system. Note: Where the improvement plans are a portion of larger development, a tentative plan or study plan for the ultimate development showing the proposed improvements shall be submitted along with the plans.
         (b)   An itemized cost estimate shall be submitted for all projects. The improvements to be included on the estimate are as follows:
            1.   All public facilities, including all improvements within the street right-of-way and public improvements outside of the right-of-way that are to be maintained by the county, and improvements required by subdivision approval that are to be maintained by an owners association or service area);
            2.   All on-site and off-site storm drainage systems;
            3.   Earth excavation quantities;
            4.   Retaining and sound walls; and
            5.   Street lights.
         (c)   Plan check and inspection fee in accordance with division (G) below;
         (d)   The name, address and telephone number of the developer; and
         (e)   Utility letters in accordance with division (P) below.
      (2)   Should there be required alternations or revisions to the plans as submitted, the County Engineer will return one copy with the corrections marked or indicated thereon. If the plans submitted are not prepared in accordance with these improvement standards and the standard specifications are not in keeping with the standards of the profession, the County Engineer may return them unmarked and unapproved.
   (F)   Improvement plan resubmittal. Plans being resubmitted shall consist of two complete sets of plans and any other submittals or supporting information required by the County Engineer. Additional sets may be required by the County Engineer.
   (G)   Plan check fee. When improvement plans are initially submitted to the County Engineer for checking, the total plan check fee for the development will be required before initiating the plan check.
   (H)   Plan approval. No plans will be approved nor construction authorized until such time as the County Engineer signifies approval by their signature on the set of plans and not unless the changes, corrections or additions are resubmitted to the County Engineer for approval as previously prescribed for the original plans. At such time as the Consulting Engineer preparing the plans has made the necessary revisions and paid the remainder of the total plan check and inspection fee, as provided under the provisions of amendments thereto has been paid, the County Engineer will sign the originals in the space provided, after the Consulting Engineer has signed them. The County Engineer’s approval is valid for a period of 12 months. Should work not commence within the 12-month period, the County Engineer may require the plans be resubmitted for reapproval.
   (I)   Final plans required.
      (1)   The Consulting Engineer shall deliver the following number of sets of prints from the approved originals to the County Engineer:
         (a)   Subdivisions: two complete print sets of plans and one set of reproducibles.
         (b)   Other developments: two complete sets of plans.
      (2)   Additional copies of improvement plans may be requested by the County Engineer at his or her discretion, and these shall be furnished to the county without cost. Copies of the final utility letters required by division (P) below shall be included with the approved plans delivered to the County Engineer.
   (J)   Improvement plan revisions during construction.
      (1)   Should changes become necessary during construction, the consulting engineer shall first obtain the consent of the County Engineer and shall then resubmit the total sheet and the plan sheets affected for approval. The changes on the plans shall be made in the following manner:
         (a)   The original proposal should not be eradicated from the plans but should be lined out. In the event that eradicating the original proposal is necessary to maintain clarity of the plans, approval must first be obtained from the County Engineer.
         (b)   The changes shall be clearly shown on the plans with the changes and approval noted on a revision signature block, conforming to county standard drawing.
         (c)   The changes shall be identified by the revision number in a triangle delineated on the plans adjacent to the change and on the revision signature block.
      (2)   Minor changes that do not affect the basic design or contract may be made upon the authorization of the County Engineer, but the changes must be shown on “as-built” plans when the contract is completed.
      (3)   The County Engineer may order changes in the plans to complete the necessary facilities. Changes in the plans ordered by the County Engineer shall conform to all of the above.
   (K)   As-built plans.
      (1)   The consulting engineer shall keep an accurate record of all approved deviations from the plans and shall provide a copy of these records to the County Engineer upon completion of the work before final approval of the completed improvements. These are to be utilized with the Inspector’s plans for preparing a complete and accurate set of “as-built” plans for the permanent records of the county. “As-built” preparation is the responsibility of the developer and his, her or their consulting engineer. Accurate reproducible “as-built” drawings shall be submitted to the County Engineer prior to acceptance of finished work.
      (2)   Where applicable, certification by the consulting engineer of the finished pad elevations of subdivision lots shall be required prior to final approval of the subdivision improvements.
   (L)   Conflicts, errors and omissions. Excepted from approval are any features of the plans that are contrary to, in conflict with, or do not conform to any California state law, San Benito County Code or resolution, conditions of approval or generally accepted good engineering practice, in keeping with the standards of the profession, even though the errors, omissions or conflicts may have been overlooked in the Department of Public Works’ review of the plans.
   (M)   Change in consulting engineer.
      (1)   If the developer elects to have a registered civil engineer or licensed land surveyor other than the engineer who prepared the plans provide the construction staking, he, she or it shall provide the County Engineer in writing the name of the individual or firm one week prior to the staking of the project for construction. The developer shall then be responsible for providing all professional engineering services that may be required during construction, the preparation of revised plans for construction changes, and the preparation of “as-built” plans upon completion of the construction.
      (2)   In the developer’s notification of a change in the firm providing construction staking, they shall acknowledge that they accept responsibility for design changes and “as-built” information as noted above.
   (N)   Utility district annexation requirements. When plans are submitted for an area that is not within a utility district but is intended to be served by the district, the plans will not be approved until a request for annexation to the appropriate district has been initiated. Annexation request forms and information relative to annexation fees are available from the affected district.
   (O)   Tunnel safety requirements. Any boring or jacking operation of 100 foot or greater length and involving an opening greater than 18 inches in diameter is subject to the State of California Division of Industrial Safety tunnel safety requirements. The consulting engineer shall submit plans and specifications applicable to the tunnel operation to the Division of Industrial Safety, with a letter requesting tunnel classification. This procedure is also recommended to avoid project delay if there is the possibility of any personnel entering the tunnel, regardless of diameter and length. The letter should identify the public works agency responsible for the project, and the agency’s mailing address. The plans shall identify underground utilities and tanks or areas for storing fuel and toxic gases in the vicinity of the tunnel site. The request for classification should be submitted allowing ample time for the Division of Industrial Safety review in order that any special requirements can be included in the project plans and specifications. The consulting engineer shall also attend the required pre-construction meeting.
   (P)   Existing utilities. All existing utilities are to be shown on the plans. In addition, the consulting engineer shall submit prints of the preliminary and approved plans to the utility companies involved. This is necessary for the utilities to properly plan their relocation projects and needed additional facilities. Copies of the transmittal letters to the utility companies shall be provided to the County Engineer. The transmittal shall indicate all known utility facility conflicts that require relocation. In addition the following note shall appear on the first page of the plans: “No pavement work shall occur within the road right-of-way prior to completion of utility facility relocation.”
   (Q)   Partial plans. Where the improvement plans submitted cover only a portion of ultimate development, the plans submitted shall be accompanied by the approved tentative plan, or a study plan if there is no approved tentative plan, showing topographic features of the ultimate development at an adequate scale to clearly show the proposed improvements.
   (R)   Other agency notifications. The consulting engineer is responsible for obtaining the approval and necessary permits of governmental or municipal agencies when their facilities or jurisdictions are involved. An approval signature block shall be on the cover sheet of the improvement plans and shall be signed by all affected agencies prior to county approval.
   (S)   Inspection requirements.
      (1)   Any improvement constructed to the standard construction specifications, for which it is intended that the county will assume maintenance responsibility, shall be inspected during construction by the County Engineer. Each phase of construction shall be inspected and approved prior to proceeding to subsequent phases.
      (2)   Subdivision on-site grading and drainage shall be inspected during construction by the County Engineer.
      (3)   The county shall be given advance three working days notice of initial construction start-up and 48-hour notice of specialty inspection requirements needed during the project; routine inspections shall require 24-hour notice.
      (4)   Any improvements constructed without inspection as provided above or constructed contrary to the order or instructions of the County Engineer will be deemed as not complying with standard specifications and will not be accepted by San Benito County for maintenance purposes, and may be cause for issuance of a correction notice or stop work order.
      (5)   The consulting engineer shall provide the County Engineer with a copy of all cut sheets.
      (6)   Within ten days after receiving the request for final inspection, the County Engineer shall inspect the work. The contractor, consulting engineer and developer will be notified in writing as to any particular defects or deficiencies to be remedied. The contractor shall proceed to correct any such defects or deficiencies at the earliest possible date. At such time as the work has been completed, a second inspection shall be made by the County Engineer to determine if the previously mentioned defects have been repaired, altered and completed in accordance with the plans. At such time as the County Engineer approves the work and accepts the work for San Benito County, the contractor, consulting engineer and developer will be notified in writing as to the date of final approval and acceptance.
      (7)   In assessment districts and for projects where San Benito County participates in the costs thereof, quantities will be measured in the presence of the County Engineer, consulting engineer and contractor, and witnessed accordingly.
      (8)   The county will ensure that the provisions of the approved plans and specifications are complied with, especially with regard to the quality of workmanship and materials. In the event of any discrepancy or matter of judgment, the decision of the Engineer or their authorized representative will be binding on the contractor, design engineer and developer.
      (9)   All work shall be performed in accordance with accepted workmanship practice and these improvement standards. Any work not accepted by the county shall be redone until compliance with these improvement standards is achieved. Orders given by the county relating to quality of materials and workmanship shall be complied with promptly by the contractor.
      (10)   All materials used shall be subject to the inspection and approval of the Department at all times and shall not be used before being inspected and approved by the Inspector. The Department has the right to perform any testing deemed necessary to ensure compliance of the materials with the materials specifications. Failure or neglect on the part of the Department to condemn or reject work or materials not in accordance with the materials specifications, shall not be construed to imply their acceptance should their inferiority become evident at any time. Materials rejected by the county shall be immediately removed from the job site.
   (T)   Special notices and permits. The consulting engineer shall be responsible for advising the contractor to give the following notices and have in his, her or its possession the following permits and plans:
      (1)   The contractor shall be in possession of plans approved by the County Engineer prior to construction.
      (2)   The contractor shall notify all utility companies involved in the development prior to beginning of work.
      (3)   The contractor shall notify “Underground Service Alert” (phone 800-642-2444) 48 hours in advance before any digging.
      (4)   The contractor shall be responsible for the protection of all existing monuments and shall notify County Engineer of any damaged or removed county, state or bureau monuments.
      (5)   The contractor shall notify “Utility District” upon application for permit and payment of required fees for utility connections.
      (6)   The contractor shall verify all street names with County Engineer before ordering street signs.
      (7)   The contractor shall be responsible for conducting their operation entirely outside of any floodplain boundaries except work authorized under the improvement plans. Floodplain boundaries shall be clearly delineated in the field prior to construction.
      (8)   The contractor shall be responsible for conducting their operation entirely outside of any “non-development” area. These areas shall be clearly delineated in the field prior to construction.
      (9)   Where work is being done in an off-site easement, the contractor shall notify the property owner 48 hours prior to commencing work.
   (U)   Minimum securities required.
      (1)   The securities shall be based on the engineer’s estimate approved by the county. The purpose of the faithful performance and labor and materials securities is to provide protection to the county for any expenses it may incur as a result of any of the following:
         (a)   Failure by the contractor to complete the installation;
         (b)   Necessary repairs caused by poor installation techniques;
         (c)   Necessary repairs caused by the installation of defective material;
         (d)   Failure by the contractor to perform in accordance with the approved plans and specifications; or
         (e)   Labor and/or material liens against the county.
      (2)   The following must be provided to the county.
         (a)   Faithful performance security. Applicants shall provide the county with an acceptable irrevocable letter of credit, or other suitable financial guarantee acceptable to the county from a financial institution authorized to do and doing business in the State of California. Faithful performance security shall remain in effect until the project is accepted by the county. The amount of faithful performance security shall be 100%. Release of funds may be allowed as the work is performed, subject to approval of the County Engineer.
         (b)   Labor and materials security. Applicants shall provide the county with an acceptable irrevocable letter of credit, or other suitable financial guarantee acceptable to the county from a financial institution authorized to do and doing business in the State of California. Labor and materials security may be released as allowed by Subdivision Map Act. The amount of labor and materials security shall be 50%.
         (c)   Guarantee of workmanship, materials and equipment.
            1.   The applicant shall guarantee that the project installed by the contractor (or applicant) be free from any and all liens and encumbrances and free from any and all defects in materials and workmanship for a period of one year after final acceptance by the county. This guarantee shall be security for an amount of 10% of Engineer’s estimate, or other amount determined by the county, beginning at the date of final acceptance of the project by the county. The county may make or cause to be made any necessary repairs and charge the security, or may direct the applicant to perform or cause the corrective work.
            2.   The contractors performing work for the applicant shall be competent with adequate manpower and equipment to accomplish the work in accordance with the approved plans and specifications and licensed in the State of California. A representative of the applicant or the contractor shall be present at the job site whenever work is being conducted by subcontractors.
         (d)   Monument security. Monument security shall be provided in the amount set by the County Engineer for monuments to be set following map recordation.