Diocese of San Bernardino

Transcription

1 Diocese of San Bernardino Policy Manual for Construction and Real Estate We, the Church of San Bernardino are a community of believers in Jesus the Christ, called to impact family, neig hborhood and soci ety wi th the Gospel so that people s lives are filled with hope. Revis ed 3/18 /200 9

2 2009 The Roman Catholic Bishop of San Bernardino, a corporation sole This document may not be reprinted without the expressed written permission of the Diocese of San Bernardino All Rights Reserved Revised 3/18/2009

3 Diocese of San Bernardino My dear brothers and sisters, Office of the Bishop Our young diocese of San Bernardino is in its thirty-first year. We are a new diocese when we look at our Church s rich 2,000 year history. Our first thirty years have been exciting filled with blessings and challenges and hope. We have been blessed with enormous population growth growing from 250,000 in 1978 to 1.2 Million today. Our people come from all parts of the earth, each bringing the richness of their culture. Along with this wonderful blessing comes the challenge to provide adequate facilities for our people. These facilities will be used as places of prayer and worship; places to celebrate, to learn and grow; places to heal and be healed. During our first thirty years, we have accomplished a lot over thirty-five major construction projects. These projects have had their challenges and, as we look to the future, more challenges lie ahead. The cost of land and construction continues to skyrocket. Additionally, our current financial crisis makes it even more difficult to provide adequate facilities for our people. During these difficult times, I urge you to use this revised Policy Manual for Construction and Real Estate. It will serve as a valuable tool to help in the planning and construction of new and remodeled facilities, guiding you to make the best and most efficient use of financial resources. Our Policy Manual for Construction and Real Estate makes the seemingly overwhelming task of construction easier and faster. This is especially important as the current process for obtaining building permits continues to get slower and more demanding. Our manual is designed both for the knowledgeable professional and the person who is just beginning to venture into planning and construction. Especially important is Chapter Five The Construction Process. It is a carefully designed, step-by-step construction process for you to follow. It defines and clarifies our Diocesan Construction process to the professional architect or contractor, while providing a step-by-step guide for the beginner. As we continue to provide adequate facilities for our growing church, we know that we will be facing new and difficult challenges. Yet, we enter into the unknown with the knowledge and confidence of our Lord s promise to be with us always. We thank Him for entrusting us to be the hope of the future. Sincerely in Christ, Most Rev. Gerald R. Barnes Bishop of San Bernardino 1201 East Highland Avenue, San Bernardino, CA Telephone (909) Fax (909) bpoffice@sbdiocese.org Revised 3/18/2009

4 Diocese of San Bernardino OFICE OF CONSTRUCTION AND REAL ESTATE Acknowledgements This Policy Manual for Construction and Real Estate for the Diocese of San Bernardino was written by Deacon John Skora under the direction of Most Rev. Gerald R. Barnes, Bishop of the Roman Catholic Diocese of San Bernardino. We are most grateful to all those whose collaboration made this manual possible: Most Rev. Gerald R. Barnes Rev. Msgr. Philip Behan David Beno Sr. Marita Beumer, CPPS George Bissell Tamar Brinkerhoff Phillip Burbach Rev. Tom Burdick Ron Carducci Philip C. Chiao Kristi (Hanson) Cleary Paul Crabtree Jim DiCamillo Rev. Anthony Di Leo Ted Furlow Rev. Msgr. Gerard Lopez R. Bennett Lord Judy Juarez-Flores Don Gardner Burrell R. Handy, III Patricia Hansen Dorothy Hamre Tim Holt Ray Kenz Very Rev. Tim Keppel, C.R. Dale Klein Wilfrid C. Lemann, Esq. Sr. Mary Jo Nelson, O.L.V.M. Al Martini Anton Meier David Meier Victor Mendez Lydia Mendoza Very Rev. Bob Miller Rosi Mills Most Reverend Dennis P. O Neil Jim Pesta Very Rev. Steven Porter, C., S.T.L. Dona Reusch Deacon George Schmit Pat Skora Susan Skora Larry Vesely MaryRose Wallace Rev. Msgr. Thomas Wallace Rev. Msgr. Donald S. Webber Larry Weed Craig Wilson, Esq. Jan Zuppardo Revised 3/18/2009

5 DIOCESE OF SAN BERNARDINO POLICY MANUAL for CONSTRUCTION and REAL ESTATE TABLE OF CONTENTS CHAPTER ONE I MINISTRIES TO SERVE YOU Office of Construction and Real Estate (OCRE). 3 OCRE Asbestos Management and Removal Office of Pastoral Planning.. 4 Office of Financial Services (OFS). 5 Diocesan Director of Development. 5 Diocesan Building Committee (DBC). 5 Liturgical Subcommittee... 6 Catholic School Subcommittee, Safe Environment for Children... 6 Technology Subcommittee.. 6 Diocesan Construction Project Manager - Working with the DBC. 6 Diocesan Parish Construction Coordinator 7 Accounting Services 7 Diocesan Facilities Needs Evaluation Committee (DFNEC) 7 CHAPTER TWO II TYPES OF CONSTRUCTION PROJECTS Minor Construction Projects 11 Major Construction Projects 11 Qualified Constructability Review and Qualified Cost Estimate.. 11 New Churches (Canon Law).. 12 Size / Expansion of New Church Buildings. 12 Demographic Studies. 12 CHAPTER THREE III WORKING AS A PARISH TEAM TO DEVELOP A PROJECT Pastor/Administrator and Staff Parish Finance Council Parish Building Committee. 16 Parish Pastoral Council Parish Liturgical Committee November, 2000 document Built on Living Stones School or Religious Education Committee.. 18 Revised 3/18/2009

6 CHAPTER FOUR IV PLANNING AND SCHEDULING PRELIMINARY PLANNING Assimilating Information Preliminary Master Plan Boundary Survey.. 21 Budget for the Project (including a just and fair wage) Diocesan Wage Standard Asbestos Removal Green Building Insulation PLANNING WELCOMING FACILITIES Handicapped parking spaces. 23 Elevators Additional rest room facilities. 23 SCHEDULING Fund Raising Time Estimates for Construction Process CHAPTER FIVE V CONSTRUCTION PROCESS Preliminary Work Parish Building Committee convening and forming Justification of Construction Project A Decision is Made Financial Matters Refined Master Plan Diocesan Building Committee meetings (pastor / administrator s attendance). 30 Authorization to Begin Construction.. 30 Construction Begins Revised 3/18/2009

7 CHAPTER SIX VI SELECTING THE ARCHITECT Process of Selecting an Architect 35 Letter of Invitation On-Site Investigation Personal Interview Selection CHAPTER SEVEN VII FUNCTIONS AND RESPONSIBILITIES OF THE ARCHITECT Refined Master Plan Stage Construction Drawings Stage Seismic Requirements Schematic Design Design Development Construction Drawings Responsibilities: During Construction Report to DBC of Project Status Shop Drawings and Samples Change Orders Owner Furnished Items and Contract Allowance Drawings - Owned by Diocese Record ( as-built ) Drawings.. 47 Maintenance Manuals, Operating Instructions, Parts List. 48 Guarantees and Warranties Government and Utility Company Approval Job Site Inspection Architect s Review of this Manual Final Check Before Construction VIII THE MASTER PLAN PRELIMINARY MASTER PLAN CHAPTER EIGHT Demographic Study of Parish Revised 3/18/2009

8 Analysis of Parish Community Compilation of Information. 54 Boundary Survey REFINED MASTER PLAN Civil Engineer 55 Floor Plans Exterior Elevations Scale Model or Rendering Written Report Cost Estimate CHAPTER NINE IX DIOCESAN BUILDING COMMITTEE (DBC) MEETINGS Making an appointment with the DBC Provide Plans and Documentation Required Meetings with the DBC CHAPTER TEN X THE CONTRACTOR General Provisions Contractor's Bid Packet Bids Competitive Bids Negotiated. 65 Construction Contract Construction Meetings Contractor's Payment CHAPTER ELEVEN XI MINOR CONSTRUCTION PROJECTS Minor Construction or Maintenance Projects - description Contract Requirements for Minor Projects Contractors License Insurance - Additional Insured. 72 Workers Compensation ($1 Million minimum) Revised 3/18/2009

9 Comprehensive General Liability Policy ($2 Million minimum) Automobile ($2 Million minimum).. 73 Increase Building Insurance Plans and Specifications Building Permits Payments to Contractor CHAPTER TWELVE XII GRATUITOUS LABOR When Volunteers are used All Volunteers must be insured The Cost Insurance Coverage REAL ESTATE TRANSACTIONS CHAPTER THIRTEEN Purchase of Property Authorization to Buy or Sell Real Estate.. 82 Sale of Property Owned by the Diocese Leases Donations Mobile Homes Motor Vehicles CELL TOWERS CHAPTER FOURTEEN What to do if contacted by cell phone company. 86 Essential Provisions in all cell tower leases Morality Provision Consultant to the Diocese of San Bernardino 87 Revised 3/18/2009

10 ATTACHMENTS Attachment 1: Evaluation Of Needs Attachment 2: Construction Cost Estimate Attachment 3: Standard Building Contract Procedure Attachment 4: Instructions To Bidders Attachment 5: Contractor's Proposal Attachment 6: Addendum 1 Attachment 7: Contractor Checklist Attachment 8: Pre-Construction Meeting Checklist Attachment 9: Notice To Proceed Attachment 10: General Guarantee Attachment 11: Trade Guarantee Attachment 12: Bid Tabulation Sheet Attachment 13: Conditional Waiver And Release Upon Progress Payment Attachment 14: Unconditional Waiver And Release Upon Progress Payment Attachment 15: Checklist For Progress Payment Attachment 16: Conditional Waiver And Release Upon Final Payment Attachment 17: Unconditional Waiver And Release Upon Final Payment Attachment 18: Checklist For Final Payment Attachment 19: Acknowledgement Of Completion Of Work Attachment 20: Notice Of Completion Attachment 21: Questionnaire For Architects, Engineers, Surveyors And Contractors Attachment 22: Policy For Diocesan Financial Review And Loan Committee Attachment 23: Canons Regarding Alienation Of Property Attachment 24: DFNEC Evaluation Questionnaire Attachment 25: Policy for Liturgical Subcommittee of the DBC Attachment 26: Authorization to Begin Construction Attachment 27: Authorization to Buy or Sell Real Estate Attachment 28: Addendum 2 Attachment 29: Authorization to Execute Real Estate Lease Attachment 30: Affidavit of Responsibility Attachment 31: Sexual Harassment Policy Attachment 32: Planning and Development Checklist Revised 3/18/2009

11 CHAPTER ONE MINISTRIES TO SERVE YOU 1

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13 I. THE FOLLOWING MINISTRIES ARE AVAILABLE TO ASSIST YOU IN CONSTRUCTION AND REAL ESTATE MATTERS: A. Office of Construction and Real Estate (OCRE) B. Office of Pastoral Planning C. Office of Financial Services (OFS) D. Diocesan Development Office E. Diocesan Building Committee (DBC) F. Diocesan Construction Project Manager - Working with the DBC G. Diocesan Parish Construction Coordinator H. Accounting Services I. Diocesan Facilities Needs Evaluation Committee (DFNEC) THEIR FUNCTIONS AND RESPONSIBILITIES: A. The Office of Construction and Real Estate Construction: The Office of Construction and Real Estate, in conjunction with the Diocesan Building Committee (DBC), ministers to all of the construction and real estate needs in the Diocese of San Bernardino. Its responsibilities include: 1. Review applicants who are seeking to be diocesan approved architects or contractors. 2. Facilitate construction procedures as outlined in the Policy Manual for Construction and Real Estate. 3. Administer and facilitate contracts on all construction projects. 4. Maintain a copy of Record drawings and Construction documents. 5. Oversee all construction projects in the Diocese in order to provide information to parishes and schools regarding building and safety codes as well as other provisions that might be required by local and state agencies. 6. The Diocesan Construction Project Manager meets on a regular basis with the contractors and architects regarding current and proposed construction projects. 7. All payments to architects and contractors are reviewed by OCRE. Real Estate: 1. Manage all real estate transactions and escrows. (see Appendix) 2. Facilitate all donations of property for the benefit of the Diocese or for a specific parish or school. 3. Facilitate the purchase of land and buildings. 4. File claims annually, through the Assessor's Office, by February 15th, for the welfare exemptions on all parcels that qualify. New construction, renovation or change in ownership may require additional filings. 5. All property tax bills are received and reviewed for accuracy and then sent to the specific parish or school for payment. 3

14 6. Notices regarding public hearings, weed abatement, special assessments, etc. are forwarded to the respective parishes with any needed instruction or notation. 7. Maintain leases for parishes, schools and religious congregations. 8. Maintain registrations and tag renewals for mobile and modular buildings. 9. Safe keeping of all Certificates of Title for diocesan-owned motor vehicles. Asbestos Management: 1. It is most urgent to contact the Office of Construction and Real Estate if you have any questions or concerns regarding asbestos or any other type of hazardous material. 2. All parishes, schools and other entities are required by law to properly encapsulate or remove any and all material which contains asbestos. 3. Our Catholic Schools are required to follow the Asbestos Hazard Emergency Response Act (AHERA). AHERA was signed into law in 1986 as Title II of the Toxic Substance Control Act. In 1996, President Reagan signed AHERA into law the as part of the Environmental Protection Agency (EPA). The Act directs EPA to develop a regulatory framework to require schools to inspect their buildings for asbestos and take appropriate abatement actions using qualified, accredited persons for inspection and abatement. 4. All schools (K through 12 th Grade) built prior to 10/12/1988 are required to have periodic inspections for asbestos. 5. Schools built after 10/12/1988 were required to have the architect or project engineer responsible for construction sign a statement that no material containing asbestos was used in the construction of the building. 6. The Office of Construction and Real Estate works with the Office of Catholic Schools to facilitate the periodic inspections. B. Office of Pastoral Planning: 1. The Office of Pastoral Planning serves in planning efforts at the local and diocesan levels. The office works with parishes and schools to facilitate networking and clustering. It provides educational and in-service opportunities for fiscal, tactical and strategic planning, which allows the parish to see and plan for both the physical and pastoral aspects of parish life. 2. The Office of Pastoral Planning is available to assist in the developing and writing of the Parish Mission Statement, Pastoral Care Plan and Five Year Strategic Plan. These are critical matters in the life and ministry of parishes and schools that should be done prior to any construction planning. NOTE: An important planning tool and the very first step of our construction process (page 27) is the Planning and Development Checklist. See Attachment The increasing growth of costs in construction and real estate acquisition calls for parishes, which choose to meet the spiritual and practical needs of the community through the expansion of physical facilities, to engage in levels of pastoral planning, which provides authenticity to a development Master Plan. (See Page 21 and Pages 53-56) 4. Pastoral Planning focuses on the Body of Christ, in a particular place, at a particular time, in a collaborative manner that grants the Christian Faithful the role of cooperators, and allows the laity to assist their ordained leadership in the direction of their parish within the roles allowed by the norms of Canon Law. 5. The Office of Pastoral Planning serves in consultation, as advisor to the Diocesan Bishop and diocesan departments and vicars, to facilitate planning, and provide planning resources for these constituents. 4

15 C. Office of Financial Services (OFS): 1. Administers Diocesan Policies regarding the financial requirements necessary to begin a project involving the purchase of real property, the renovation of existing buildings or the construction of new facilities. 2. Coordinates the activities of the Financial Review and Loan Committee of the Diocesan Finance Council. The primary duties of this committee are to analyze financial capabilities of the entity being reviewed and determine from the analysis the abilities of the entity to financially support the project to completion. 3. Issues checks through accounts payable of the accounting office once the request for disbursement has been approved by the Architect (when necessary), the pastor and the Office of Construction and Real Estate. 4. Reviews and analyzes the financial statements of Architectural Firms, General Contractors and other companies, organizations, etc. as part of the approval process for them to design work and/or bid on Diocesan Projects. D. The Diocesan Director of Development: 1. Administers diocesan policy regarding fund raising. 2. Makes recommendations and assists in the fund raising efforts of the parish, school, etc. E. Diocesan Building Committee (DBC): The DBC membership is composed of clergy, religious and lay persons with experiences in real estate, land development, construction, architecture and related fields. They share their technical and parish experiences to help parishes establish their plans and goals. The DBC provides assistance in establishing the master plan, the design drawings of the proposed buildings and construction of the buildings in order to help the parish meet the existing and future needs of the community. The DBC meets once a month, except July. The DBC works in conjunction with the Diocesan Financial Review and Loan Committee and OCRE. Subcommittees to support the DBC are the Liturgical Subcommittee, the Catholic School Subcommittee. 1. The goal of the Diocesan Building Committee: Establish a partner relationship between the DBC, the Pastor and the Parish Building Committee. This is to assist parishes in the "PLAN YOUR WORK - WORK YOUR PLAN" concept to assure the end results reflect that we have been good stewards with the resources given to us and these resources benefit the larger community. 2. The purpose of the Diocesan Building Committee is: a. To assist and advise parishes, schools and other entities in the planning, development, building, expansion and maintenance of facilities. b. To be a resource and advisory body to the Bishop regarding construction, real estate and facilities management. 3. Responsibilities of the DBC: a. To assist parishes with Master Plans and construction projects. b. Review Master Plans, construction plans and specifications and make recommendations to the Bishop for approval or corrections. 5

16 4. DBC Subcommittees: a. Liturgical Subcommittee of the DBC: (1) Reviews all plans for new construction and remodeling to insure that buildings designed as places of worship conform to standards as set forth by the Bishop of the Diocese of San Bernardino and the Bishops Committee on the Liturgy. The Liturgical Subcommittee makes recommendations to the DBC and the Bishop. (For policy and guidelines, see Attachment 25.) (2) The Liturgical Subcommittee of the DBC also meets with the parish prior to, during and after construction to review and discuss the art and environment planned for the place of worship. b. Catholic School Subcommittee of the DBC: Reviews plans of buildings designed for schools to ensure a layout that helps to provide a safe environment for children. The plans are also reviewed to ensure that the design meets the building requirements of the Diocese, State and local building departments. It also makes recommendations to the DBC and the Bishop. Note: To ensure a safe environment for children, contractors are also required to sign Addendum 2 (Attachment 28). Also, all construction personnel working on the project are required to sign Affidavit of Responsibility (Attachment 30). Additionally, everyone working on the project will be given (and be required to read) a copy of the Diocese of San Bernardino Sexual Harassment policy (Attachment 31). c. Technology Subcommittee: Meets with the parish or school at the early design stage of construction projects to discuss and review the latest technology for sound systems, digital lighting systems, telecommunication systems. Helps the parish or school identify possibilities and plan for future technology. Makes recommendations to the DBC and the Bishop. F. Diocesan Construction Project Manager - Working with the DBC 1. Acts as a liaison for the DBC to monitor all projects in the Diocese for compliance with the approved recommendations of the DBC. Acts as a liaison between the DBC and the Diocesan Bishop. Consults with DBC Chairperson regarding preparation for all meetings. 2. Presents the minutes of the DBC meetings to the Bishop and to the Chief Financial Officer for their acknowledgements. The minutes are then given to the members of the DBC for their comments at the next regular meeting. 3. Oversees all minutes and correspondence for the DBC. 4. Consults with the DBC Chairperson regarding preparation for meetings. 5. Reviews for the DBC, in advance of its regular meetings, the plans, specifications and other data in order to prepare an analysis and recommendation to the DBC. This analysis and recommendation is to include definitive analysis of the cost of the project, plan analysis, analysis of engineering proposals and specifications of architects and general contractors. 6. Monitors for the DBC the design and construction progress of projects. Also monitors the recommendations approved by the DBC to ensure compliance with the recommendations made by the DBC. Performs final inspection(s) with the pastor on completed projects to ensure full conformance with the project's plans, specifications, and objectives. 6

17 7. Provides for the process of value engineering on all projects for the diocese. This process is to be completed on all projects prior to the awarding of a contract for construction. 8. Reviews and approves, with pastors, certified invoices from contractors, architects and engineers. Ensures compliance with contracts. 9. Inspects job sites periodically with the pastor to evaluate the progress and compliance with contracts for reports to the DBC. 10. Develops, for approval of the DBC, criteria and procedures for the selection and hiring of architects, general contractors and engineers. 11. Oversees preparation of updates of the approved list of architects, general contractors and engineers. 12. Prepares an update as to the progress of ongoing projects in conformity with the DBC guidelines. 13. Recommends to the DBC other construction policies, procedures and programs as may be necessary from time to time to keep the DBC guidelines in conformity with trends and developments in the construction industry. 14. Directly and through associates, implements for the DBC a project management plan for construction projects and a property management plan for diocesan facilities to replace, repair and renovate structures on a scheduled and routine basis. G. Diocesan Parish Construction Coordinator: The Diocesan Parish Construction Coordinator is an employee of the Diocese of San Bernardino. This person is accountable to the Bishop of the Diocese of San Bernardino and is directly supervised by the Director of the Office of Construction and Real Estate. The Diocesan - Parish Construction Coordinator represents both the Diocese and the Parish to architects and general contractors in construction matters. H. Accounting Services: The Accounting Services processes the checks to pay contractors, architects and other vendors pertaining to construction. The contractors must have their approved and signed invoices into OCRE by the fifth of the month. Accounting Services cuts checks for construction once per month, on the Friday nearest the twentieth of the month. Before processing the check, Accounting will verify that the parish or school has the funds on deposit at the Pastoral Center. I. Diocesan Facilities Needs Evaluation Committee: The Diocesan Facilities Needs Evaluation Committee (DFNEC) was established by Bishop Gerald R. Barnes to assist parishes, schools and other entities in the examination of their preliminary studies concerning a desired project. The DFNEC will help the parish, school or other entity determine whether this proposed project is necessary and will benefit them, the adjacent parishes and the civic community. See Attachment 24. 7

18 The process of the Diocesan Facilities Needs Evaluation is as follows: a) If deemed necessary, the DBC recommends that the parish go through the DFNEC process to determine whether the proposed project is necessary. b) The Office of Construction and Real Estate sends the DFNEC questionnaire (attachment 24) to the Episcopal Vicar, who facilitates the process. c) The Episcopal Vicar meets with the pastor / administrator or school principal to fill out the questionnaire. d) The completed questionnaire is sent to the Office of Construction and Real Estate, who makes arrangements for the parish or school to meet with the DFNEC. e) Following a meeting with the parish, the DFNEC forwards their recommendations to the Bishop. f) The recommendations are also sent to the DBC. NOTE: It is the responsibility of pastor / administrator or principle to initiate and track the DFNEC process. Included in the committee is the Director of Pastoral Planning, the Episcopal Vicars, the Chairperson (or representative) of the Diocesan Building Committee and the Diocesan Construction Project Manager (as staff). NOTES 8

19 CHAPTER TWO TYPES OF CONSTRUCTION PROJECTS 9

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21 II NOTE: TYPES OF CONSTRUCTION PROJECTS All construction projects regardless of size OR COST shall go through the Office of Construction and Real Estate. NOTE: Before any construction can begin, an Authorization to Begin Construction must be completed by the Office of Construction and Real Estate. It is signed by the Director of the Office of Construction and Real Estate, the Diocesan Chief Financial Officer and the Diocesan Bishop. A. MINOR CONSTRUCTION PROJECTS: Any construction or maintenance project that does not involve the services of a licensed architect, engineer or surveyor is defined as a Minor Construction Project. Minor construction projects are the responsibility of the Parish Building Committee. Procedures set forth for minor projects must be followed. NOTE: Although the DBC is usually not consulted regarding minor projects, all construction projects, regardless of size OR COST must go through the Office of Construction and Real Estate in order to provide information to parishes and schools regarding building and safety codes as well as other provisions that might be required by local and state agencies. The cost of a project is to be considered as a whole and not the cost of individual parts. For detailed information regarding minor construction projects, please refer to pages B. MAJOR CONSTRUCTION PROJECTS: 1. A Major Construction Project is any construction or engineering project which will require the services of a licensed architect, engineer or surveyor. All projects which classify as Major Building Projects must be presented to the DBC. 2. The cost of a project is to be considered as a whole and not the cost of individual parts. 3. Depending on the size and scope of the construction project, the Parish may be required by the Diocese to use the services of the Diocesan - Parish Construction Coordinator. The Diocesan - Parish Construction Coordinator: a. Is an employee of the Diocese of San Bernardino, accountable to the Bishop, directly supervised by the Director of the Office of Construction and Real Estate. b. Represents the Diocese and the Parish to the architect in construction matters. c. Represents the Diocese and the Parish to the general contractor in construction matters. d. Administers contracts with architects and contractors. e. Coordinates and monitors construction project progress. f. Attends regular construction meetings with the General Contractor, Architect, Pastor or Pastoral Coordinator, Parish Building Committee. The Parish is required to pay a fee to the Diocese in the amount of 1 percent of the project cost to fund the Diocesan - Parish Construction Coordinator. 4. Qualified Constructability Review: Depending on the size, scope and/or complexity of the construction project, the DBC may make recommendations to require the parish to obtain the services of a qualified Constructability Reviewer to examine/critique the plans in detail in order to ensure the plans are complete, understandable, accurate and code compliant. And, when requested, the Constructability Reviewer will offer value engineering comments for consideration. 5. Qualified Cost Estimate: Depending on the size, scope and/or complexity of the construction project, the DBC may make recommendations to require the parish to obtain the services of a qualified, independent construction cost estimator in order to ensure the cost estimate is complete and accurate. 11

22 6. New Church Buildings: a. Canon states: No church is to be built without the expressed written consent of the diocesan bishop. b. The following paragraph requires the consultation with the Presbyteral Council prior to furnishing his consent: (Canon ) The diocesan bishop is not to furnish this consent unless he judges that a new church could serve the good of souls and that the means necessary for building the church and for divine worship would not be lacking in the future; he is to make this judgment after listening to the Presbyteral Council and the rectors of neighboring churches. 7. Size of New Church Buildings: The number of seats in a new church is of the utmost importance. Factors to be considered regarding the size of a church (or other parish structure) are: a. Current maximum attendance. b. Anticipated population growth for the area. (A Demographic Study will help determine projected growth.) c. Growth of parish community arising from evangelization. d. Architects shall insure that the construction design allows for an easy, inexpensive expansion. 8. Demographics Study: The Diocesan Building Committee may ask that a parish demographic study be undertaken as part of the preliminary planning and on-going dialogue between a parish and the Diocesan Building Committee. Based upon the nature and scope of the proposed project, this local demographic study may include adjacent parish sites or an expanded geographical area. To obtain a Demographic Study contact the Office of Pastoral Planning. 9. Because major construction projects involve so many facets (i.e. Architect, Contractor, Insurance, Finance and, of course, Planning), it is necessary to read and understand this entire Policy Manual for Construction and Real Estate. 10. It should be noted that, for pastoral reasons and after consultation with advisors, the Bishop has the right to make decisions that are independent from part or all of the guidelines of this manual. 12

23 CHAPTER THREE WORKING AS A PARISH TEAM TO DEVELOP A PROJECT 13

24 TITLE 14

25 III DEVELOPING THE PROJECT The secret to success in any project is getting people involved with a positive attitude. This certainly holds true for the formation of the Parish Building Committee when a parish is establishing their master plan or building new additions to the existing plan. There are many concerns to be studied when plans are being developed for these projects. Therefore, it is desirable to establish a team effort at the parish level. This will allow for careful study and planning of all phases by the team. The team, therefore, is contributing to the total plan. It is of the utmost importance that the Parish Building Committee consider the future needs of the entire parish community. It is not fair to future members of the parish community to inherit buildings which were not built large enough to accommodate future growth. The members of the Parish Building Committee must set aside personal preferences and desires and consider the needs of all parishioners both existing and future. Be sure to study and complete the Planning and Development Checklist (Attachment 32) prior to any planning. To have a successful construction project, the following should be involved. A. The Pastor/Administrator and Staff B. Parish Finance Council C. Parish Building Committee D. Parish Pastoral Council E. Liturgical Committee (as needed) F. School or Religious Education Committee (as needed) RESPONSIBILITIES: A. PASTOR / ADMINISTRATOR AND STAFF 1. The most successful projects will be developed under a Pastor/Administrator and an active Parish Building Committee who guide and oversee each stage of the project. While the building of any structure calls for a deep personal involvement on the part of the Pastor/Administrator, it must be remembered that he is not the owner of the church. It is not a monument to the Pastor/Administrator, the architect or the donor. 2. The Pastor/Administrator and parishioners should study the total parish property as a unit. Then, enter into prayer and discernment before planning the project. 3. The Pastor/Administrator, with the Parish Building Committee, should spend ample time studying the liturgical and psychological norms before critiquing or dictating the architectural expression or accepting the final form of the church, hall, meeting rooms, offices and other buildings and their relationship to the master plan. The Pastor/Administrator, after consultation and collaboration with the entire parish community, is the Bishop's representative for directing the Architect's work on the project. As the Bishop s representative, the pastor or administrator is required to attend all of the necessary DBC meetings. The pastor or administrator is also required to communicate regularly, at least monthly, with the parish community regarding the progress of the entire construction project from initial planning to the completion of construction. 15

26 B. PARISH FINANCE COUNCIL 1. The responsibility of the Parish Finance Council is to set a budget for the project, to plan a fund-raising campaign, and to establish a plan to repay the Diocese in the event a loan is obtained. 2. The reality of what a parish can plan and build is how much money can be raised and how much debt can be paid off. To make any project successful a budget must be prepared to include all costs such as pews, altar, organ, windows, etc. For example, a great deal of time and money is lost when designs are prepared for a three million dollar church and the parish can only support five hundred thousand dollars. Everyone should be aware of how much the parish can afford to spend during the Master Plan, and set their priorities accordingly. 3. The DBC recommends that people who have experience in areas of finance (example: accountants, bankers, business owners, financial planners or other capable members of the parish) and/or fund raising be solicited for membership on the Parish Finance Council. 4. The Parish Finance Council must contact the Diocesan Chief Financial Officer and the Diocesan Development Director at the very beginning of any proposed project to help determine the financial and fund raising abilities of the particular parish community. C. PARISH BUILDING COMMITTEE 1. The function of the Parish Building Committee is to oversee land development, building requirements and the development of a Master Plan. As plans are developed, they should meet with the other committees to see that plans reflect the desires of the entire parish. 2. The responsibility of the Parish Building Committee is to work directly with the pastor/administrator and with the architect from beginning to end of each project. 3. The DBC recommends that the pastor and the Parish Pastoral Council solicit parishioners to serve on the Parish Building Committee who are architects, engineers, designers, artists, contractors, or persons otherwise related to the construction industry. It is also recommended that the committee include a mixture of men and women who have practical experience with the use of office space, kitchens, meeting rooms, etc. If a worship space is the consideration, it is recommended to have a person on this committee who is knowledgeable in liturgy. This person would be a link between the Parish Building Committee and the Parish Liturgical Committee. 4. When a Parish Building Committee has been formed, a request should be submitted to the Office of Construction and Real Estate (OCRE) for construction information. (i.e. Demographic Study, Policy Manual, Approved Architects, Engineers, Surveyors and Contractors, etc.). 5. The Parish Building Committee must read and understand this Policy Manual for Construction and Real Estate. 16

27 1. is recommended to have a person on this committee who is knowledgeable in liturgy. This person would be a link between the Parish Building Committee and the Parish Liturgical Committee. 2. When a Parish Building Committee has been formed, a request should be submitted to the Office of Construction and Real Estate (OCRE) for construction information. (i.e. Demographic Study, Policy Manual, Approved Architects, Engineers, Surveyors and Contractors, etc.). 3. The Parish Building Committee must read and understand this Policy Manual for Construction and Real Estate. D. PARISH PASTORAL COUNCIL 2. If there is no Parish Pastoral Council, the parish should not be engaging in any construction planning. Every parish is mandated by Canon Law to have a Parish Pastoral Council: Can If the diocesan bishop judges it opportune after he has heard the Presbyteral Council, a pastoral council is to be established in each parish, over which the pastor presides and in which the Christian faithful, together with those who share in pastoral care by virtue of their office in the parish, assist in fostering pastoral activity. 2. A pastoral council possesses a consultative vote only and is governed by the norms established by the diocesan bishop. 3. The Parish Pastoral Council is the leadership group responsible for visioning and planning. See Page 15 regarding visioning and planning. The Parish Pastoral Council must be involved in completing the Planning and Development Checklist (Attachment 32). 4. All major building projects should be incorporated into the parish planning processes. 5. A representative from the Parish Pastoral Council should be included on the Parish Building Committee. 6. The Parish Pastoral Council can assist the building project by articulating the benefits of the new facility and its space in relationship to the mission and ministry of the parish. 7. Factors to be considered by the Parish Pastoral Council: a. Kitchens/Refreshments need special attention when being planned. In most parishes, the majority of the social events involve food. Just as the Eucharist is the center of our spiritual life, food is the center of our social life on many occasions. b. Multi-Media. Attention should be given to the latest audio-visual technology. c. Special needs of pre-schoolers, senior citizens, youth groups and many others need to be addressed when forming a Master Plan and construction phases. d. Future expansion should always be considered during the planning process. E. PARISH LITURGICAL COMMITTEE 1. The function of the Parish Liturgical Committee is to study the design of the church (or multi-purpose building that may be used as an interim church) to be certain all liturgical requirements are being met. The liturgical requirements for the Diocese of San Bernardino are outlined in Attachment 25. It is important that the Parish Liturgical Committee work closely with the Liturgical Subcommittee of the DBC in the early design stages to avoid wasted effort and money on the part of the architect. It is important to review the document, Built on Living Stones, which is a revision of the 1978 document, Environment and Art in Catholic Worship. The 1978 document was revised by a task group appointed by the Bishops' Committee on the Liturgy and was approved by the full body of Bishops at the November 2000 meeting. 17

28 2. The responsibilities of the Parish Liturgical Committee include: placement of the altar, ambo, tabernacle, baptismal font, pews, music areas and devotional art, which are all a part of designing our building to express our Catholic Christian way in the celebration of the Eucharist. Eucharist and also of the liturgies of Easter Vigil, Baptism, Confirmation, Reconciliation, Marriage and Funerals. 5. The DBC recommends finding parishioners who have studied or are willing to put time and effort into the study of the latest liturgical requirements. F. SCHOOL AND/OR RELIGIOUS EDUCATION COMMITTEE 1. The classroom-type buildings in our communities can serve many functions: Religious Education, elementary schools, pre-schools, meeting room, etc. These buildings need special consideration and have special building requirements. When planning these buildings, a special committee should work out all the possible uses and needs prior to beginning any design. 2. Plans for actual schools must be submitted to the Catholic School Subcommittee. (See page 6.) 3. The Bishop will make the final decision of allowing a pre-school, elementary school or high school to be established and/or constructed. NOTES 18

29 CHAPTER FOUR PLANNING AND SCHEDULING 19

30 20

31 IV DEVELOPING A PLAN AND SCHEDULE PRELIMINARY PLANNING: The outlines set forth in this chapter are to assist the Pastor/Administrator and the Parish Building Committee in organizing their efforts and setting their goals. Time frames and planning procedures may vary, but the idea is the same. After completing a study of the parish needs, establish a plan, set priorities, set goals and come together to pray and discern. This preliminary planning builds community and encourages support for plans and projects. This planning time is also valuable to set guidelines which must be followed by the architect to keep the design of the building within the Parish budget. The DBC is available to assist in this preliminary planning. Contact the Diocesan Construction Project Manager for a meeting with your Parish. A. The Parish Building Committee should assimilate as much information as possible prior to interviewing or employing an architect. 1. Topography Map and Boundary Survey of the parish or school property. 2. Parish Survey. 3. Planning and Development Checklist (Attachment 32) 3. Demographics study. B. A Preliminary Master Plan and pertinent documentation supporting the Preliminary Master Plan with a time schedule and cost estimate should be established. Information required to establish a Master Plan is outlined on pages of this manual. C. A budget for the project should be established. A just and fair wage must be included within the budget. In September, 2002, Bishop Gerald R. Barnes defined the term, just and fair wage for the purposes of this Policy Manual for Construction and Real Estate and the construction practices within the Diocese of San Bernardino: In affirming the responsibility of the Church to do justice when contracting for construction labor on its facilities and churches, every contractor approved by the Diocesan Building Committee, in accordance with the policies of the Diocese of San Bernardino, to do work on diocesan, parish and school construction projects shall agree to pay wages for each craft, trade, or worker classification that are consistent with the "prevailing wage" as determined by the California State Department of Industrial Relations. (Any parish, diocesan office or other diocesan entity wishing to deviate from this policy must first obtain written personal approval and permission from the Diocesan Bishop)." Please Note: This wage standard applies to all diocesan, parish and school construction projects. It requires that contractors pay wage amounts that are in harmony with wage amounts defined by California Prevailing Wage. It does not require contractors to follow the California Prevailing Wage Law provisions except as set forth in the proceeding sentence. 21

32 D. It is the responsibility of the Architect, the Pastor / Administrator and the Parish Building Committee to insure that the cost of the project remains within the budget. Items to consider: 1. Off site improvements and other local government requirements. (curb, gutter, sidewalk, parkway, half street, fire hydrant, street lighting, storm drains, etc.) 2. On site improvements: a. Demolition of existing buildings, including permits and fees. Asbestos (and other hazardous material) removal. It is necessary to only use contractors that are LICENSED to remove asbestos or other hazardous material. These materials may NEVER be removed by uncredentialed contractors. (see also page 4) b. Site grading - rough and finish c. Paving, trees, landscaping d. Utility expense and connection fees (sewer, water, electric, gas, telephone, etc.) 3. Construction: a. Construction costs (foundation, structure, roofing, interior construction) b. Building Green An important consideration when planning construction is the protection of our environment. There are many resources available to help us preserve the natural resources of the earth and, at the same time, create more welcoming facilities. Your architect can provide Green information. c. Building Insulation. Without a doubt, building insulation is one of the least expensive and most important elements in a building. Installing an abundance of insulation during construction will provide huge savings on air conditioning and heating costs for the life of the building and preserve energy resources at the same time. Never accept anyone saying, We already have the amount of insulation required by the Building Department. More is better is always true when it comes to insulation.. d. Mechanical (heating, ventilating, air conditioning, fire sprinkler, plumbing, etc), electrical and fixtures, paving, fencing, landscaping. e. Bonding fees utility, landscaping, offsite improvements. 4. City Fees / Special Inspection Fees: a. CUP, Plan check, building permit fees. Also fees for soils reports, compaction testing, welding, concrete, etc. 5. Architect/Engineer Fees: a. Architectural fees (be sure to include the reimbursable costs, i.e., mileage, blue printing, copies, fax, etc.) b. Civil engineering fees (topographic map, boundary survey, plot plan, etc.) c. Engineering fees, consultants fees 22

33 6. Interior Finishing/Equipment: a. Interior furnishing expenses (liturgical, window coverings, floor coverings, lighting for esthetics and environment, seating, etc.) b. Sound systems, telephone, fax, television, computers, visual aids 7. Fund Raising: a. Fund raising costs and financing costs. 8. Contingency: a. The Parish Building Committee should consider a contingency of at least ten percent of this estimate for unforeseen items during the planning and construction phases of the project. (For detailed information on a Cost Estimate, see Attachment 2: Construction Cost Estimate.) PLANNING WELCOMING FACILITIES: When making plans for new church buildings and other parish and school structures, it is extremely important to consider everyone who will be using our facilities. The building codes provide only the minimum requirements. We, as Church, need to go beyond the minimum, necessary requirements. The following are areas of consideration that will help maximize our facilities as places of welcome: A. Installing as many handicapped parking spaces as possible. (See also page 54) B. Installing elevators in multi-story buildings. C. Installing additional rest room facilities especially for women. THE SCHEDULE: A. Fund Raising should occur as early as possible. Fund raising efforts may be coordinated with the Diocesan Financial Review Committee. Contact the Diocesan Chief Financial Officer and the Diocesan Development Director. B. The following are approximate time estimates for the building process: (NOTE: THE TIMES WILL VARY, DEPENDING ON THE LOCATION AND SCOPE OF THE PROJECT PHASE) 1. Strategy months 2. Team Building (coordination of ministries) months a. Parish Finance Council b. Parish Building Committee 23

34 c. Parish Pastoral Council d. Liturgical Committee e. Religious Education Committee 3. Program Development (gathering Information)..1-2 months 4. Financial approval months 5. Hiring an Architect months 6. PRELIMINARY MASTER PLAN (preliminary cost) months 7. Fund raising months 8. Refined Master Plan months 9. Planning Permits months 10. Schematic Drawings months 11. Design Development Drawings months 12. Construction Drawing / Specification Package months 13. Local Municipal Building Department months 14. Bidding/Negotiation months 15. Construction months 16. Warranty Period months 17. Insurance period, as appropriate years NOTES 24

35 CHAPTER FIVE THE CONSTRUCTION PROCESS 25

36 26

37 V THE CONSTRUCTION PROCESS: Following an orderly construction process helps make a seemingly overwhelming task manageable. The construction process stated here is crucial. This process is required for EACH PHASE of all major construction projects. 1. A construction phase is defined as that portion of construction that is accomplished within specified parameters. It could be the construction of one or more buildings or it could be a portion that is separate from other construction phases because of time, finances, or location. 2. Every Step in this process must be completed and approved (in writing, by a person designated by the Diocesan Building Committee) before advancing to the next step. 3. This process is also the checklist that will be maintained and monitored by the Office of Construction and Real Estate on all major construction projects. 4. If, at any time during this process, it is determined that the total project cost exceeds (or is estimated to exceed) the project budget by more than ten percent, the project will be placed on hold. The project will then be examined to determine if it should be terminated, redesigned or go back to the Diocesan Financial Review and Loan Committee for evaluation. PRELIMINARY WORK: Approved by: Steps 1. Parish meets with Diocesan Construction Project Manager to discuss the Diocesan Construction Process. At this time, the parish is given the Planning and Development Checklist (Attachment 32). The completion of the Checklist is the very first item to be accomplished in the planning of any construction project. 2. Parish prepares a Preliminary Master Plan. This Preliminary Master Plan is drawn by a Diocesan approved architect. The plan is a basic site or plot plan, showing lot dimensions, the locations of existing and future buildings, parking and vehicular ingress and egress. The architect also submits a cost estimate for this phase. 3. Parish presents the Preliminary Master Plan to the Diocesan Building Committee (DBC), who reviews the plan to see if it shows the best use of land and facilities. 4. If the Preliminary Master Plan is approved by the DBC, the Pastor / Administrator writes to the Bishop with a request to build or remodel. This letter includes a general description of the proposed project, the reason for the project and the estimated cost. 5. The Bishop responds to the parish, in a letter, acknowledging the receipt of the request. The Bishop then forwards a copy of the request and his acknowledgement to the Diocesan Construction Project Manager. 6. The Diocesan Construction Project Manager meets with the parish and reviews each of the steps required to complete the construction process. 27

38 PARISH BUILDING COMMITTEE: 7. The Parish establishes or convenes a Parish Building Committee. The names of the committee members are submitted to the Office of Construction and Real Estate. 8. The Office of Construction and Real Estate then sends a copy of the Policy Manual for Construction and Real Estate to the Pastor / Administrator and to each member of the Parish Building Committee and Parish Finance Council. 9. The Pastor / Administrator and each member of the Parish Building Committee send written acknowledgement that they have read and understand the Policy Manual for Construction and Real Estate. JUSTIFICATION OF CONSTRUCTION PROJECT: 10. The Parish Pastoral Council, the Parish Finance Council and the Parish Building Committee meet together to discuss and evaluate the pastoral and financial concerns regarding the proposed construction project. 11. A budget for the Project Phase is set by the Parish. (Collaborating in the budget are the architect, pastor / administrator, Parish Finance Council and the Parish Building Committee - as well as the entire parish community.) 12. The Parish requests a demographic study. This study is ordered through the Office of Construction and Real Estate. Demographic studies may also be required for neighboring parishes. This will help to discern the needs and concerns of the larger community. 13. The Parish hosts a Town Hall Meeting to present the rationale for the proposed construction project to the entire parish community. A representative of the Office of Construction and Real Estate and the Diocesan Facilities Needs Evaluation Committee shall also be invited to the meeting. The results (or consensus) of the Town Hall Meeting shall be published in the parish bulletin no later than two weeks following the meeting. 14. The Parish meets with the Diocesan Facilities Needs Evaluation Committee. Included in the committee is the Director of Pastoral Planning, the Vicar Forane for the parish s Vicariate, the pastors / administrators of the parishes in the same Vicariate Cluster, the Chairperson of the Diocesan Building Committee and the Diocesan Construction Project Manager. This committee will help discern the need for the proposed project and help answer the question, What will happen if we don t build this building? After this meeting, the Facilities Needs Evaluation Committee s recommendation will be forwarded to the Bishop. 28

39 A DECISION IS MADE: 15. The Bishop is apprised of the needs evaluation. If a need for construction is established, the Bishop directs the Parish to proceed to the next step. FINANCIAL MATTERS: 16. The Parish meets with the Chief Financial Officer of the Diocese and the Director of the Diocesan Development Office to review the Parish s Funds on Deposit and determine the Parish s fund raising capabilities. 17. The Parish meets one or more times (as needed) with the Diocesan Financial Review and Loan Committee. (The policy of the Diocesan Financial Review and Loan Committee of the Diocesan Finance Council is in the appendix of this manual, attachment 22.) 18. The Parish makes the financial arrangements recommended by the Diocesan Development Office and Diocesan Financial Review and Loan Committee. When the criteria recommended have been met and reviewed by the Diocesan Financial Review and Loan Committee, the Diocesan Chief Financial Officer recommends that this Phase be approved by the Bishop. 19. If Steps one through eighteen have been completed and approved, the Bishop gives approval for this Phase of the construction project to proceed. REFINED MASTER PLAN: 20. Parish prepares a Refined Master Plan. (Please Note: You may use a different Diocesan approved architect for the Preliminary Master Plan, the Refined Master Plan and the Construction Documents.) In addition to the details of the Preliminary Master Plan, the Refined Master Plan will show the floor plan and exterior elevations of the specific building(s) to be built during this Phase of construction. 21. The Parish presents the Refined Master Plan to the Diocesan Building Committee. During the presentation to the DBC, the architect submits a revised cost estimate for the phase. 22. The Parish interviews Diocesan approved architects for the construction drawings. 23. A Diocesan approved architect is retained. The required Diocesan Agreement for Architectural Service is prepared by the Office of Construction and Real Estate, reviewed by Diocesan attorneys and then signed by the Bishop and the architect. 29

40 GROUND BREAKING CEREMONY: 24. After the Parish has completed the above steps and is approved to proceed to the Diocesan Building Committee for Construction Document approval, the Parish may bless and dedicate the site for the proposed construction. (The blessing may be done by the pastor, the Vicar Forane or a request may be made to the Bishop that he or a delegate of his bless the site.) DIOCESAN BUILDING COMMITTEE: Please Note: if, at any time during this process, it is determined that the total project cost exceeds (or is estimated to exceed) the project budget by more than ten percent, the project will be placed on hold. The project will then be examined to determine if it should be terminated, redesigned or go back to the Diocesan Financial Review and Loan Committee for evaluation. 25. The Parish is required to attend the following DBC meetings (a, b, c, d). (Please note: It is necessary that the pastor / administrator attend the DBC meetings.) a. Schematic Design Review. Revised cost estimate is submitted by architect. b. Design Development Review. Another revised cost estimate is submitted by architect. (During this time, the Parish Building Committee should be interviewing Diocesan approved General Contractors to establish a list of bidding contractors.) c. Construction Drawings Review. The architect submits a final detailed cost estimate. At this time, the Parish and the Architect (after consulting with the Diocesan Construction Project Manager), arrange the following: Contractors selected to bid. Bid date set. Bid Packages issued. d. Bid Opening. Bid Bonds verified, bids opened and read aloud. 26. The DBC reviews the bids with the Parish Building Committee. 27. The General Contractor is selected. CONSTRUCTION BEGINS: 28. An Authorization to Begin Construction is completed by the Office of Construction and Real Estate. It is signed by the Director of the Office of Construction and Real Estate, the Diocesan Chief Financial Officer and the Diocesan Bishop. (Attachment 26) 29. The Construction Contract is prepared by the Office of Construction and Real Estate and reviewed by Diocesan attorneys. It is signed by the Bishop and the General Contractor. 30

41 30. Pre-construction meeting: Attended by the Pastor / Administrator, Parish Building Committee, Contractor, Architect and Diocesan Construction Project Manager. a. Contractor submits Liability Insurance (minimum of $2,000,000); Workers Compensation; Payment and Performance Bonds, Schedule of Values. b. Dates for regular, on-site construction meetings are set by Parish, Contractor, Architect, Diocesan Construction Project Manager. c. Notice to Proceed is given to the Contractor by Diocesan Construction Project Manager. 31. The Office of Construction and Real Estate notifies Catholic Mutual Insurance. 32. When project is complete, the Pastor / Administrator, Architect and Contractor sign an acknowledgement, agreeing the project is complete, allowing the Notice of Completion to be recorded with County Recorder. 33. Notice of Completion is recorded. Thirty-five days after the recordation, the ten percent retention money is released to the Contractor. NOTES 31

42 NOTES 32

43 CHAPTER SIX SELECTING THE ARCHITECT 33

44 34

45 VI THE ARCHITECT By definition, an architect is, "A master builder...who professionally plans buildings and supervises their construction." This implies a great deal more than making drawings for blueprints and seeing that they are properly followed. The process of selecting an architect is obviously one of the most important decisions faced by the Parish Building Committee and must be made on the basis of the architect's professional competence, integrity, understanding of Roman Catholic Liturgy and past experience in the function and design of worship space in Roman Catholic parishes and the ability to provide the results required within the established time and budget limitations. This section is intended to provide an honest, fair and equal opportunity to those architects chosen for interview by the Parish Building Committee. A recommended minimum number of three to five architects should be interviewed to insure the selection of a qualified and competent professional. To begin, the architect must study the natural and human environment, the land, and the culture. Terrain and climate, traditions and tastes of people differ from one community and neighborhood to another. A good architect takes account of these local and individual characteristics. The architect must become thoroughly acquainted with the function the building must serve. This requires study, research, and close collaboration with the client. Before a building can be capably planned, the architect must know exactly what will happen inside and outside. This helps not only to meet the requirements of the client, but to determine how the building can fulfill its function most efficiently and economically. The architect must have the ability to master the complex technical aspects of designing a sound, durable, and mechanically efficient structure. The architect must be thoroughly familiar with updated building engineering, construction materials, construction methods, mechanical equipment, electrical systems, lighting systems and sound systems. The design must stay within the limits imposed by the budget available for the project and the construction must conform to all applicable zoning and building codes. Architects commissioned to design projects for the Diocese are expected to be well-versed in Roman Catholic beliefs, liturgy, rituals, ceremonies, rubrics, symbols and the nature of parish life. The architect provides planning service, technical guidance, advise and counsel. Given in written, verbal or graphic forms, these services are rendered so that a building, with its equipment and surroundings, is soundly constructed and well planned for health, safety, efficient operation and economical maintenance; all this with beauty and distinction. 35

46 The appearance, efficiency and cost of a building depend on the experience, ability and dedication of the architect to the project. It pays, therefore, to give time, study and considered judgement to the business of selecting the most suitable professional. The selection of an architect should be made on the basis of the architect's standing in the architect s profession and the community. The ability to design, the competence in construction, the practical efficiency, the business capacity, integrity and good judgement and the ability to cooperate with all those involved in the project are also important. The selection process should include these basic steps: A. The Diocesan Construction Project Manager has available a list of approved architectural firms that may be interested in interviewing for a parish project. A minimum of three firms should be invited to apply as architect. It is necessary that each architect invited read and understand this entire Policy Manual for Construction and Real Estate. B. Thorough review by the parish of an outline of the architect s qualifications and experience, together with photographs of past work submitted by the architect. C. On-Site Investigation of the architect's work to determine the architect's versatility and ingenuity to solve particular problems. D. Personal Interview by the parish, which allows ample time to determine if the architect and parish are compatible. LETTER OF INVITATION: A letter of invitation should be sent to the different architects requesting that by a certain date they indicate their interest in being considered for the proposed project. The letter should contain the following items: A. A copy of the Preliminary Master Plan, if applicable. B. A summary of project needs, as defined by the Parish Building Committee. (see Attachment 1) C. A proposed budget for the project, furnished by the Parish Finance Council. D. Information regarding the deadline for submittals. 36

47 E. A request for: 1. Comments from the architects on their opinion of the feasibility of the project, along with cost estimates. 2. Biographical information of the firm's principals, key members, proposed project architect and professional consultants. 3. Written and pictorial information on the types and sizes of current and completed projects, including the owners' names, addresses, and telephone numbers, along with permission to contact them. 4. Evidence that the firm has the staff background, and expertise to competently handle the type and scope of work contemplated. 5. Evidence that the firm has sufficient experience in Roman Catholic worship space and facilities for Catholic parishes. 6. Evidence of the firm's record in the number of change orders on a project, and the proximity of competitive bids to the firm's estimates. 7. Client and contractor references, particularly as they relate to repeat work. 8. The degree of experience the architect has had in dealing with church clients. 9. Evidence of having adequately involved the client in the planning stages of their projects. 10. Evidence of possessing the skills to successfully work with building committees. Once all this information is received within the time limit, the architect selection can begin. ON-SITE INVESTIGATION: With a list prepared, the Parish Building Committee should arrange to visit at least two of the previous projects of each of the architects and arrange to talk to a representative of the owner who has a thorough working knowledge of the architect and the project. The reaction of the people who have previously worked with the architect can help the parish discover which architect is creating the most interesting and serviceable building. Questions that may be asked are: A. Did the architect take a real, personal interest in the project? B. Did the architect attempt to produce a fresh and challenging design? C. Did the architect provide a complete and detailed set of construction drawings and specifications? D. Did the architect adequately supervise the construction from start to finish? E. Did the architect provide a design which could be built within the original budget? 37

48 F. Did the architect conduct his/her services in a businesslike manner? G. Did the architect work in a timely and cooperative fashion with owner and contractor to handle situations in the field. CONCLUSION: In actually looking at some of the architect's previous projects, do not drive around the city looking for building designs that the parish could mentally transplant onto its own site. Remember that the parish is looking for an architect who can assist them in their needs. The parish's job is to find capable and experienced architectural talent in whom they can put their trust. When inspecting the projects of the architect, try to keep an open mind. If the parish likes one project that he/she has done, look at a second. In some cases, a good contractor can make a poorly designed building look better, and a poor contractor can, unless properly supervised, make a well designed building look poor. While investigating an architect's project, be sure to note the atmosphere of feeling that was achieved and how the problems of the project design were solved. If it is a church, has the architect provided for all of the necessary church functions? Close attention to detail usually indicates that the architect has properly studied the subject and has a knowledge of the special needs involved. PERSONAL INTERVIEW: Contact each architect by letter and telephone, giving the date, time and place of the interview. Advise them that in order for your committee to make as fair an appraisal as possible, you are requesting them to prepare as follows: A. To give an uninterrupted presentation - 30 minutes. B. To respond to a question and answer period - 30 minutes. C. To ensure that a principal of the firm is involved in the presentation and that he/she will be the one who will be actively involved in every aspect of the proposed project. If the principal will not be so engaged, then he/she must be accompanied by the member of the firm who will be. D. To be able to expand any of the previously submitted information material. E. To be able to show how past experience specifically relates to this particular project. 38

49 In setting up the interview times, allow plenty of time between each interview for the committee to discuss, evaluate and make notes on the interview. These notes will be helpful later when a final evaluation is made on the selection of the top firms. At the time that the personal interview letter is prepared, another letter should be sent to the architects who will not be interviewed, thanking them for their interest and advising which firms will be interviewed. They should also be told that, if they desire, they can pick up their submitted information material by a certain date. At the interviews, each architect should be given the committee's undivided attention. Actually listening and talking to the architect will give the members an opportunity to evaluate the architect s philosophies and see how they relate to the projects the architect has designed. During the interview, the committee will be interested in learning more about the architect's academic training and the architect s background of technical knowledge. Members will also be interested in learning more about the size and quality of their staff and their consulting engineers who form a part of the architectural team. Most important is the basic question that must be kept in mind at all times: "Is this architect the professional in whom the parish could place its complete confidence?" In the final analysis, if the answer to this question is doubtful, the chances of working with the architect and producing a properly designed facility are greatly reduced. Questions that could be posed during the question and answer period are as follows: 1. "What is your knowledge in liturgical matters and what is your experience in the planning and design of religious facilities for the Catholic Church?" 2. "What are your current projects? What stage are they in? And, How would our project fit into your schedule?" A FINAL DECISON: After the interviews are completed, a thorough evaluation should be made concerning all of the interviewees. When the evaluations are complete, the final basis for determining the best architect may very well be summarized by the following: A. PROMPTNESS - Was the firm on time and was the information received on time? B. RESPONSIVENESS - Did the firm do what was asked? C. INTEREST - Did it appear that the architect had made a sincere effort to learn as much as possible about the needs regarding the proposed project before answering the letter of invitation or attending the interview? Did the firm seem honestly interested in working with the parish? 39

50 D. PERSONALITY - Does it appear that the parish could get along well with the firm and its representative? Will it be possible to develop the intimate relationship required for the successful completion of the project? 40

51 A FINAL DECISION can be made at this point regarding the choice of the architect. Once the selection has been approved, letters should be sent to the unsuccessful interviewed architects, thanking them for their interest and advising them who has been selected for the project. They should also be told that, if they desire, they can pick up their submitted information material by a certain date. The Office of Construction and Real Estate prepares a Diocesan Agreement for Architects that is signed by the Bishop and the architect. Before the agreement is signed the Office of Construction and Real Estate verifies the architect's Errors and Omissions insurance ($2,000, minimum). $2,000, General Liability Insurance and $1,000, Worker's Compensation. Please Note: 1. You may use a different Diocesan approved architect for the Preliminary Master Plan, the Refined Master Plan and the Construction Documents. 2. All Agreements for Architects (Preliminary Master Plan, Refined Master Plan and Construction Documents) are signed by the Diocesan Bishop and Architect. The pastor / Administrator also signs the agreement as an acknowledgement of the agreement but his / her signature is not binding. NOTES 41

52 CHAPTER SEVEN THE FUNCTIONS AND RESPONSIBILITIES OF THE ARCHITECT 42

53 43

54 VII THE FUNCTION OF THE ARCHITECT: REFINED MASTER PLAN STAGE A. The Architect's Responsibilities in the Refined Master Plan Stage include: 1. Assist in developing, into a workable plan, all the needs and desires of the Parish Building Committee and integrating these with the requirements of the DBC. 2. Developing a master plan that creates a sense of community. If building and traffic flow are properly designed, parishioners will naturally gravitate from the worship center to the social center and become "part of the family", especially if the buildings are designed in a courtyard fashion. 3. Incorporating the information obtained by the Parish Building Committee (i.e. demographic study/ parish survey) into proposed plans. 4. Work within the Parish budget constraints. 5. Create a "buildable" plan by utilizing the information from the land survey. 6. Obtain all necessary information from government agencies, commissions, utility companies, and other entities necessary to define the requirements of the project. (land use permits, utility "hook-ups", off-site improvements, easements and specifications) 7. Provide a loose rendering and/or scale study model of the proposed project. 8. Provide a cost estimate of the project by phases of construction. Cost estimates will reflect paying just and fair wages. (see page 21) 9. Present the Refined Master Plan to the DBC. a. Contact the Diocesan Construction Project Manager to schedule an appointment with the DBC four weeks prior to scheduled meeting. b. Provide fifteen readable copies of all pertinent plans reduced to 11" x 17". Deliver to the Diocesan Construction Project Manager three weeks in advance of the scheduled meeting with the DBC. 10. Incorporate the recommendations of the DBC for future presentation to the DBC until final approval of project is granted. 44

55 THE FUNCTION OF THE ARCHITECT: CONSTRUCTION DRAWINGS STAGE: Please note: You may use a different architect for the Preliminary Master Plan, the Refined Master Plan and the Construction Drawings. 1. Once an architect has been selected for the construction project stage, the Architect Agreement for Architectural Services is required. It is prepared by the OCRE, signed by the Bishop and the Architect. 2. Seismic Requirements Architects must ensure that diocesan structures are designed and built according to the latest printed edition of the California Building Code (CBC) even if the Building and Safety Department that has jurisdiction regarding the construction project is not adhering to the latest edition of the Code. 3. The responsibilities of the architect shall include preparing the following items in succession for presentation to the Parish Building Committee, then to the DBC: SCHEMATIC DESIGN: A. Upon Approval of the Refined Master Plan by the DBC, prepare the Schematic Drawings for presentation to the Parish Building Committee, then to the DBC for approvals. 1. Site Plan. 2. Floor Plan. 3. Elevations. 4. Building Sections. 5. Overall Refined Master Plan with all DBC recommendations noted. 6. Provide a revised cost estimate of the project with just and fair wages included. (see page 21) 7. Meet with the DBC for approval of the Schematic Drawings. 45

56 8. Obtain all necessary approvals from government agencies, commissions, utility companies, and other entities necessary to obtain building permits and land use permits to enable construction to start. 9. Obtain design review approvals by the local government agencies. 10. Finalize the easements, covenants, conditions and restrictions. DESIGN DEVELOPMENT: A. Upon Approval of the Schematic Drawings by the DBC, prepare the Design Development Drawings for presentation to the Parish Building Committee, then to the DBC. 1. Provide preliminary construction drawings. 2. Provide a revised cost estimate of the project with just and fair wages included. (see page 21) 3. Verify easements, covenants, conditions and restrictions affecting the property. 4. Notify the Pastor, Parish Building Committee and DBC of any problems as they arise. 5. Meet with the DBC for approval of the Design Development Drawings. CONSTRUCTION DRAWINGS: A. Upon Approval of the Design Development Drawings by the DBC, prepare the Construction Drawings and Specifications for presentation to the Parish Building Committee, then to the DBC. 1. Finalize all necessary approvals from government agencies commissions, utility companies, etc. and other entities necessary to obtain building permits and land use permits to enable construction to start. 2. Provide an updated cost estimate of the project with just and fair wages included. (see page 21) 3. Confirm design review approved by the local governmental agencies. 4. Meet with DBC for approval of the Construction Drawings and Specifications. 46

57 RESPONSIBILITIES OF ARCHITECT DURING CONSTRUCTION: In accordance with the Architectural Agreement, the following items shall be the responsibility of the Architect during the construction phase. A. REPORT TO DBC OF PROJECT STATUS. 1. The Architect shall conduct job site meetings per contract agreement. Included in these meetings shall be the contractor and/or representative thereof. The Architect shall issue a brief project report in writing of the project's status. Forward one copy of this report to the Pastor / Administrator and one copy to the Diocesan Construction Project Manager. The report should contain: a. Construction schedule/activity report and assessment. b. Percentage of work completed per line item per contract. c. Change orders previously authorized. d. Revised contract amount e. Problems or questions on project. B. SHOP DRAWINGS AND SAMPLES 1. Architect shall review and approve shop drawings and samples. A copy shall be given to the Pastor / Administrator. The information shall include color selection, type of equipment, etc. C. CHANGE ORDERS 1. The Architect shall issue a Proposal Quotation Request to the Contractor in an effort to obtain a Contractor's Request for Change Order. 2. The Contractor shall forward the Change Order Request to the Architect for the Architect's review and approval. 3. The Architect shall review and recommend the Change Orders for approval. 47

58 4. The Architect shall submit the Change Orders to the Pastor / Administrator for signature of approval. a. The Architect shall forward any Change Order over $5, signed by the Pastor, to the Diocesan Construction Project Manager for the Chief Financial Officer's signature of approval before work may proceed. 5. The Architect shall forward two copies of the approved Change Orders to the Pastor and Diocesan Construction Project Manager. 6. The Architect shall revise the plans and specifications to reflect these changes. D. OWNER FURNISHED ITEMS AND CONTRACT ALLOWANCE 1. The Architect shall coordinate with the Pastor and incorporate into the building plans all owner-furnished items that are part of the scope of work. a. The architect shall accommodate said furnishings with the necessary design criteria on drawings. 2. The Architect shall advise the Pastor how to obtain bids and purchase orders and how to issue change orders, if applicable, for owner-furnished items. 3. The Architect shall advise the Pastor how to coordinate the installation of the owner-furnished items. E. DRAWINGS - OWNED BY DIOCESE All of the Contract Documents and drawings prepared under the AGREEMENT FOR ARCHITECTURAL SERVICE shall become the property of the Roman Catholic Bishop of San Bernardino, a corporation sole. The Bishop may use or re-use the documents for his benefit or the benefit of any charitably organized Catholic entity. RECORD ("AS-BUILT") DRAWINGS 1. Architect shall obtain two signed copies of the Record ("as-built") drawings from the contractor; approve; sign and deliver one set of these documents to the Diocesan Construction Project Manager and one set to the Pastor of the project. a. Record drawings shall reflect ALL changes. The Architect shall forward one set of reproducible record drawings to the Diocesan Construction 48

59 Project Manager before final payment is to be made. Record drawings should clearly delineate any variation with drawings submitted and approved versus the permit drawings. b. Drawings prepared by Computer Aided Design (CAD) Programs. F. MAINTENANCE MANUALS, OPERATING INSTRUCTIONS, PART'S LIST 1. Architect shall obtain three copies (from the Contractor) of all Maintenance Manuals, Operating Instructions and Parts Lists. Then, check and acknowledge for completeness. Sign and deliver one set of these documents to the Diocesan Construction Project Manager and two sets to the Parish. 2. Architect may be asked to provide (from the Contractor) a detailed preventative maintenance plan and budget for items requiring special maintenance procedures and for such items as: a. Painting b. HVAC c. Roofing, etc. G. GUARANTEES AND WARRANTIES 1. The Architect shall obtain two sets of all guarantees and warranties, including those for trade and special equipment from the Contractor. Forward one set of these documents to the Diocesan Construction Project Manager and one set to the Parish. H. GOVERNMENT AND UTILITY COMPANY APPROVAL 1. Architect shall obtain necessary preliminary approval of government and utility companies and notify the Diocesan Construction Project Manager of approvals in writing. 2. Any changes required by government or utility companies will also be submitted, in writing, for review by the DBC at the following month s DBC Meeting. I. JOB SITE INSPECTIONS. To insure the project is being developed and built in accordance with the plans and specifications, the Architect shall make job site inspections in accordance with the Architectural Agreement. J. THE ARCHITECT shall be responsible to review the material in this manual that pertain to the architect and any supplemental material which may be added to this manual to comply with Diocesan policy. 49

60 K. Notify the Office of Construction and Real Estate of the project completion in order to update the County Assessors Office of new construction in accordance with Article XIIIA of State of California Constitution (Proposition 13). This is in order to apply for tax exemption. ARCHITECT'S FINAL CHECK BEFORE CONSTRUCTION A. REQUIREMENTS PRIOR TO STARTING CONSTRUCTION 1. Architect shall check with the Diocesan Construction Project Manager to ensure that the payment and performance bonds have been recorded. 2. Architect shall check with the Diocesan Construction Project Manager to ensure that contractor's Workers Compensation and Liability Certificates have been received by the Diocese. 3. Architect shall check with the Diocesan Construction Project Manager to ensure that the Diocese has notified Catholic Mutual Insurance of the construction project for the Diocese's proper insurance coverage. 4. Architect shall obtain approval from the Pastor / Administrator of the project for the location of the storage, work areas, utility outages and hook-ups, etc. by contractor. 5. Architect shall arrange with the Diocesan Construction Project Manager to obtain the general building permit and any other permits to be paid by the parish. 6. The Architect shall arrange with the Diocesan Construction Project Manager and contractor that all construction inspections and reports are to be paid by the parish. 50

61 NOTES 51

62 CHAPTER EIGHT THE MASTER PLAN 52

63 53

64 VIII THE MASTER PLAN Establishing the Master Plan for the buildings and grounds to be used by the Body of Christ requires thought and care because it is a gathering place to worship, learn, socialize, share and serve. The Master Plan is a required document package for every parish proposing a Major Building Project. This package, when done correctly, will require more time and effort from the Parish Building Committee than any other aspect of the building project. The amount of effort put into this portion of the entire construction project will define the results of the project. Preliminary Master Plan Before the Preliminary Master Plan can be prepared, the Parish Building Committee must identify the parish needs and how these needs can be met. In order to gather these needs, it is recommended that the following information be obtained. This information will assist the Architect in developing the Preliminary Master Plan. A. The Demographic Study of the Parish. B. Analysis of the Parish Community 1. Evaluation of Needs (Attachment 1) and Planning and Development Checklist (Attachment 32) EXAMPLES: a. Goals and objectives of the Parish and the anticipated time frame to meet these goals and objectives. b. Social functions: (Youth activities or sports; dinners; fiestas; dances; potlucks) c. Special needs: (Resort community, with fluctuating attendance; retirement community serving seniors; transient community; low income community; multiethnic, multi-cultural community) d. Number of priests and religious serving the community. (Rectory, Office, Convent, other) e. Special functions: (Pre-School, senior citizen's care, meals for the needy) f. Anticipated growth of the parish community as a result of a building project; then, accommodate same within the design of the proposed structures. g. Ascertain the number of people that will participate in the various church programs / ministries, the space needed for these people and the type of building needed for the function to take place. h. Identify uses of present space (if existing) and any temporary space being used by the parish community. 54

65 C. The compilation of the preceding information is then presented to an Architect for the design of the Preliminary Master Plan. An analysis of this required information should define the acreage of land required, the type of buildings needed and the size of the buildings needed; as well as any phasing which would be necessary to develop the plan. The Preliminary Master Plan should begin with a Site Plan, and include the following information: 1. Existing property lines. (It is necessary to obtain a Boundary Survey prepared by a licensed surveyor or civil engineer prior to presenting the Preliminary Master Plan to the DBC.) 2. Property to be bought or sold. 3. Existing easements on the property. 4. Existing buildings and improvements such as roads, parking areas, utilities and landscape. 5. Grading problems and water drainage/shed criteria. 6. Proposed future development noting phases of construction. All future development should be outlined indicating the anticipated use of the site. 7. Copy of the preliminary report showing easements, site improvements, offsite improvements and restrictions from City or County Planning Departments, Building Departments, Fire Departments, etc. 8. Parking. The local building codes provide only the minimum requirements. However, parking for a church building is a situation that is different than most situations. After Mass or other large gathering, many cars leave a parking lot within a few minutes. Possibilities to consider when planning a parking lot are: a. easy ingress and egress b. one-way vehicle movement c. greater distance between parking areas for safety when backing up d. installing as many handicapped spaces as possible 9. Landscape requirements per local codes. 10. Adjacent streets. 11. Adjacent properties and their use. 12. Any problems or requirements particular to the parish area. Examples: snow, heavy rain, high winds, high fire hazard area, flood zone, seismic zone, liquefaction area, and desert zones. 55

66 REFINED MASTER PLAN: The architect should assist the parish in contracting with a Civil Engineer or Surveyor for a complete Topography Map and soil report for proper analysis of the plot plan / land use. The Next Part of the Refined Master Plan should be the specific project proposed for the construction Phase. This should include the following: A. Floor plans. B. Exterior elevations. C. Scale model and / or rendering. D. Written report regarding the impact and secondary effect on Preliminary Master Plan. E. Cost estimate to include: 1. Planning: a. Architectural fees, including: reproduction cost blueprinting mail / fax mileage b. Consultant Engineering Fees: structural mechanical electrical civil acoustical food service landscape architect c. Soils Tests and Reports d. Building and Planning Department Fees: plan check fees permit fees assessments e. Liturgical Architect / Consultant 56

67 2. Construction: a. Building construction cost b. (Be mindful of weather conditions) adequate roof pitch and rain gutters types of exterior doors c. Site Improvements grading landscape parking d. Offsite Improvements street sewer curb and gutter e. Utility Service hookups water sewer gas electricity telephone television cable / satellite f. Tests and Inspection Costs. 3. Furnishing and Equipment: a. Furnishings stained glass artwork tabernacle ambo pews processional cross candlesticks altar ambry presider s chair baptismal font vigil lamp b. Equipment computers audio / visual equipment lighting equipment 4. Funding: a. Fund raising expenses b. Financing / Borrowing costs 57

68 CHAPTER NINE DIOCESAN BUILDING COMMITTEE MEETINGS 58

69 59

70 IX DIOCESAN BUILDING COMMITTEE MEETINGS DBC meetings are held each month with the exception of July. To request an appointment with the DBC, the following are required: A. Contact the Office of Construction and Real Estate at least four weeks prior to the next scheduled meeting. B. Provide fifteen readable copies of all pertinent plans and documentation reduced to 11" x 17", delivered to the Diocesan Construction Project Manager three weeks prior to the scheduled meeting with the DBC so the Office of Construction and Real Estate can mail the plans to the DBC members for review. (Receiving the plans three weeks in advance is extremely important because the DBC members need sufficient time to review the plans in detail. The time allotted at the DBC meeting is meant to be used for dialogue and clarification of questions.) PLEASE NOTE: If the plans are not delivered three weeks prior to the scheduled meeting date, the appointment with the DBC will be rescheduled. C. Required Meetings with the DBC: 1. Preliminary Master Plan (see pages 53-54) 2. Refined Master Plan (see pages 55-56) 3. Schematic Design Completion a. Floor Plan b. Elevations c. Overall Refined Master Plan with all DBC recommendations noted. d. Provide a revised cost estimate of the project with just and fair wages included. (see page 21) e. Describe required review/approvals by the local government agencies. 4. Design Development Completion a. Provide preliminary construction drawings. b. Provide a revised cost estimate of the project with just and fair wages included. (see page 21) c. Verify easements, covenants, conditions and restrictions affecting the property. 60

71 5. Construction Drawings (construction Documents) Completion a. Finalize all necessary approvals from government agencies, commissions, utility companies, etc. and other entities necessary to obtain building permits and land use permits to enable construction to start. b. Provide an updated cost estimate of the project with just and fair wages included. (see page 21) c. Confirm all conditions of approval by the local governmental agencies. d. Confirm DBC authorization to advertise for bids. e. Select general contractors to be invited to bid on project. 6. Bid Opening. (See also page 64) NOTES 61

72 CHAPTER TEN THE CONTRACTOR 62

73 63

74 THE CONTRACTOR GENERAL PROVISIONS: A. All Contractors desiring to bid on Diocesan projects must complete and submit the Diocesan Application for Architects, Contractors, Engineers, Surveyors to the Office of Construction and Real Estate. A current financial statement, prepared by someone other than the company, is needed before the application will be reviewed. B. Diocesan Wage Standard. All Construction Contracts must include just and fair wages. Just and fair wages are defined as wages for each craft, trade, or worker classification that are consistent with the "prevailing wage" as determined by the California State Department of Industrial Relations. (Please see page 21). The pastoral letter, "The Challenge of Peace and Economic Justice", is required to be read by the contractor as part of the construction contract. C. Parishes may obtain a list of approved contractors from the Office of Construction and Real Estate. D. The DBC recommends that the Parish Building Committee interview several contractors prior to selecting the bidders for the project. Discuss experience, scheduling, ideas and suggestions for cost saving. E. When a minimum of three contractors have been selected to bid the project, the architect will send final sets of plans and specifications to each contractor. CONTRACTOR'S BID PACKET: A. The contractor s bid packet shall contain the following items which must be completed and submitted with each bid or the bid will not be considered. 1. Contractor's Proposal form. 2. Bid Bond for ten percent of total proposal is required. A cashiers check, in lieu of the Bid Bond, is NOT acceptable. 3. Addendum 1, signed by the contractor, requiring the pamphlet "The Challenge of Peace and Economic Justice" be read and incorporated in the construction contract and be adhered to. Addendum 1 also requires the Diocesan Wage Standard be adhered to. (See page 21 and Attachment 6) 4. Addendum 2, signed by the contractor, requiring fingerprinting and background checks to provide a safe environment for minors. (See Attachment 28) 5. Affidavit of Responsibility, signed by all construction personnel who will work on the project. (See Attachment 30) 6. Diocese of San Bernardino Sexual Harassment policy (Attachment 31). 64

75 BIDS: A. Competitive Bids. Bidding contractors will present bids consistent with the established deadline before a formal Bid Opening. A bid bond for ten percent of the total bid must be included. 1. Date of bid opening is to be established by the Diocesan Construction Project Manager. Bid openings are normally held at scheduled DBC meetings. Mitigating circumstances may require that they be held at another time. 2. The Diocesan Construction Project Manager will prepare a master sheet matrix listing all of the bidders, space for the total bid and space for alternate bids as it applies. This matrix will be made available to the DBC, Parish Building Committee, Architect and Contractors. 3. The Diocesan Construction Project Manager will open the bids, in the presence of contractors, one at a time and announce the dollar amount of the bid and verify that the Bid Bond is enclosed. The bid will not be considered unless the Bid Bond is notarized. 4. Upon completion of the Bid Opening, the Contractors will be thanked for their participation in the bidding process. The award of the contract remains to be decided by the Pastor, the Parish Building Committee and the Bishop. No discussion or questioning is to take place with any of the Contractors at the Bid Opening. 5. The Diocese of San Bernardino reserves the right to reject any and all bids and to waive any informalities in a bid or in the bidding. No bidder may withdraw his/her bid for a period of sixty (60) days after the time set for the opening thereof. 6. The Diocese of San Bernardino reserves its right to award the contract to a contractor other than the low bidder. 7. After the Contractors have left the Bid Opening Room, the DBC will discuss the results of the bidding process with the Pastor / Administrator, the Parish Building Committee and the Architect. 8. Upon final approval of the contractor, the Diocesan Construction Project Manager will notify the architect and the chosen contractor. 9. The Diocesan Construction Project Manager will notify the other bidders regarding the contractor chosen for the project. 65

76 B. Negotiated Bids. For some construction projects, the DBC may recommend that the parish or school enter into a negotiated bid process (with the Bishop s approval). In this process, an approved contractor is interviewed by the parish or school and is engaged to be the contractor for the project. This is done early in the design phase of the project so the contractor and architect may work together throughout the design and construction process. The advantages of negotiated bids are: 1. Cost Effective. The general contractor is involved and committed at the early stages of design. This allows the contractor to make suggestions to the architect regarding the construction method(s) that can maximize the effectiveness and efficiency of the design. 2. Guaranteed Maximum Price. When a Negotiated Bid is used, the contractor must guarantee a maximum cost for the project. This eliminates Change Orders unless changes are initiated by the parish or school. If the parish or school generates changes during the project, there will be change orders and, perhaps, additional costs. If a Negotiated Bid process is recommended, the DBC may also recommend that the parish or school hire a constructability review company and / or construction cost estimating company to review the construction documents and audit the construction cost projections to ensure the plans are complete, understandable, accurate and code compliant. The review will also help ensure the construction project is cost efficient. CONSTRUCTION CONTRACT 1. The Office of Construction and Real Estate will prepare six (6) copies of the Construction Contract and send them to the contractor for notarized signatures. 2. A complete contract includes: a. Contract with Addendum 1 noting that Bishop Straling s pastoral letter, "The Challenge of Peace and Economic Justice", has been read and that the principle of "fair and just wages" has been incorporated in the contract and that it is to be adhered to. Addendum 1 also requires the Diocesan Wage Standard be adhered to. (See page 21 and Attachment 6) b. Addendum 2, signed by the contractor, requiring fingerprinting and background checks of contractors to provide a safe environment for minors. (See Attachment 28) c. Affidavit of Responsibility, to be signed by all construction personnel who will work on the project. (See Attachment 30) d. Diocese of San Bernardino Sexual Harassment Policy, given to everyone working on the project, who must read and follow the policy. (See Attachment 31) e. Specifications. f. Copy of final plans, signed and dated by contractor and Pastor. g. General and Special Conditions. 66

77 h. Payment schedule. 67

78 3. Copies of the contract will be distributed as follows: a. Contractor. b. Architect. c. Diocesan Attorney. d. Parish. e. Office of Construction and Real Estate. f. Accounting Office. CONSTRUCTION MEETINGS 1. The Architect shall arrange a Pre-Construction Meeting with the Contractor, Pastor, Parish Building Committee and Diocesan Construction Project Manager. The following requirements are needed: a. Schedule of values. b. Payment and Performance Bond. c. Insurance, as stated on pages d. List of subcontractors. When these items are in place, the Diocesan Construction Project Manager will issue a Notice to Proceed to the contractor. 2. The Architect shall arrange for periodic (usually bi-weekly) meetings with the Contractor, Pastor, Parish Building Committee and Diocesan Construction Project Manager. Agenda for the meeting include: a. Progress Update. b. Requests for Information. c. Change Orders. d. Revisions. e. Other. 68

79 CONTRACTOR'S PAYMENT 1. Contractor shall submit to the architect, by the last day of each month, a request for payment noting ten percent retention per payment. The architect shall review the progress, approve and sign payment request. The architect shall have Pastor approve and sign payment. The architect shall then forward the approved request for payment to the Diocesan Construction Project Manager by the 5th of each month. Payment will be made to the contractor on the Friday nearest the 20th day of the month. a. All payments must be accompanied by the appropriate lien releases, releasing the Diocese of responsibility for payment by the Contractors to the Subcontractors who gave Preliminary Notice to project. b. Payment request shall be accompanied by a construction progress report cost breakdown updating the estimate of the next month's billing. 2. Payment request must be typed. Payment amounts requested must be identified with the Line Item of the Schedule of Values and be within the amount allowed for each individual category. 3. The Diocesan Construction Project Manager will forward the request for payment with the Diocesan Construction Project Manager's approval to Diocesan Accounting Services in time for a check to be issued the Friday nearest the 20th day of the month. NOTES 69

80 NOTES 70

81 CHAPTER ELEVEN EVEN MINOR CONSTRUCTION PROJECTS 71

82 72

83 XI MINOR CONSTRUCTION PROJECTS NOTE: A Minor Construction Project is NOT connected with any dollar amount. ALL CONSTRUCTION PROJECTS - LARGE AND SMALL - SHALL GO THROUGH THE OFFICE OF CONSTRUCTION AND REAL ESTATE The projects defined in this section generally relate to maintenance, repairs, interior renovation, or remodeling of a parish or school building. Any construction or maintenance project that does not involve the services of either a licensed surveyor, architect, or engineer is defined as a Minor Construction Project. Minor construction projects are the responsibility of the Parish Building Committee. Procedures set forth for minor projects must be followed. Although the DBC is usually not consulted for Minor Construction Projects, all construction projects, regardless of size, must go through the Office of Construction and Real Estate in order to provide information to parishes and schools regarding building and safety codes as well as other provisions that might be required by local and state agencies. To determine the cost of a project, it is prudent to obtain at least three estimates. Getting a number of estimates will also help lessen the possibility of overlooking a necessary item of construction. The Office of Construction and Real Estate will provide a list of Diocesan approved general contractors and subcontractors. It is necessary to contact the Diocesan Chief Financial Officer regarding projects that are more than $10,000. When it has been determined a parish has the necessary funds to support such a project, the parish shall contact the Diocesan Construction Project Manager. If it has been determined by the Chief Financial Officer and the Diocesan Construction Project Manager that it is not necessary to consult with the DBC, the project can proceed. The cost of a project is to be considered as a whole and not the cost of individual parts. A. CONTRACT REQUIREMENTS FOR MINOR PROJECTS: All projects must have written agreements (contracts). The contract to be used is the diocesan approved agreement. This Agreement will be prepared by the Office of Construction and Real Estate. It is signed by the Diocesan Chief Financial Officer and the contractor. B. CONTRACTOR'S LICENSE: The State of California requires all persons providing contracting services of $ or more to be properly licensed and insured. It is necessary to verify that the contractor is licensed by obtaining a copy of his/her current California contractor license for the associated field of work being performed. 73

84 C. INSURANCE: The following coverages (D, E and F below) and limits must be obtained and copies forwarded to the Construction Project Manager and the Catholic Mutual Risk Manager at the Diocese of San Bernardino prior to work starting. Any and all insurance shall name the Roman Catholic Bishop of San Bernardino, a corporation sole as Additional Insured. The following coverage and limits must be obtained prior to work start. The certificate shall provide "issuing company will mail 30 days written notice to The Diocese of San Bernardino before cancellation of any policy." WORKERS COMPENSATION, EMPLOYERS LIABILITY AND PUBLIC LIABILITY COVERAGE MUST BE CARRIED AS REQUIRED BY APPLICABLE STATE LAW. D. WORKERS COMPENSATION: Workers Compensation coverage with minimum of $1,000, is required. E. COMPREHENSIVE GENERAL LIABILITY POLICY: A combined single limit Comprehensive General Liability Policy, with a deductible not to exceed $1, per occurrence, including broad form commercial liability endorsement that includes coverage for liability assumed under oral or written contract relating to the contract or subcontract or business, with minimum of $2,000, for each occurrence for both bodily injury and property damage, also including: 1. Broad Form Property Damage Liability Coverage. 2. Premise - Operations Coverage. 3. Explosion and Collapse Hazard Coverage. 4. Underground Hazard Coverage. 5. Products and Completed Operations Hazard Coverage. 6. Independent Contractor Coverage. 7. Contractual Liability. 8. Comprehensive Property Damage. 9. Personal Injury. 74

85 F. AUTOMOBILE: As contractors use motor vehicles to transport personnel, materials and equipment as part of construction projects, the following Automobile Liability and Comprehensive coverage is also required: Automobile Liability Policy and Comprehensive Form for coverage for Owned, Hired and Non-owned Automobiles with a limit of not less than $2,000, for bodily injury and property damage combined, $2,000, for each occurrence and in the aggregate. G. INCREASE BUILDING INSURANCE 1. The Risk Manager of Catholic Mutual Insurance must be advised of any increased value to the property. 2. Notify The Office of Construction and Real Estate at the Diocese of San Bernardino of any changes in property building value. 3. The Office of Construction and Real Estate must update the property tax file for the County Assessors Office in compliance with Article XIIIA of the State of California's Constitution (Proposition 13). The County Assessor will automatically appraise the property which has changed title or which has had a new construction or alteration project. This notification to the Office of Construction and Real Estate allows for tax exemption filing. H. PLANS AND SPECIFICATIONS 1. A copy of the final plans and specifications should be signed by the Pastor and the Contractor, then made a part of the contract. I. BUILDING PERMITS Building Permits are required for all projects. If in doubt, contact the local municipal Building and Safety Department to ascertain if a permit is required. 1. The Contractor is responsible for obtaining the proper building permits from the local authorities. 2. The Pastor is responsible for checking to be sure all permits have been obtained and the approved plans and building job card are on the job before work commences. 3. The cost of permits and fees is NOT included in the contractors cost or bid amount. The cost of these permits/fees is paid by the parish. 75

86 J. PAYMENTS TO CONTRACTOR The Pastor is responsible for approving all payments to the Contractor. 1. Payments should be made on a work-completed basis only. A line item cost breakdown (schedule of values) is required to assure monies released are according to cost incurred. Ten percent (10%) of the contract amount is retained. This money is released 35 days after the recordation of the Notice of Completion and the Diocese is assured that no liens have been filed against the property. 2. Contractor to provide a project payment schedule spread over the term of the contract by line item. The invoice shall reflect the percentage of work completed per line item. 3. Any Change Orders to the project shall be billed separately and appropriate progress payments shall be made. The 10% retention also applies to change orders. 4. Proper material and labor releases must be obtained prior to payment. The following is the order for notices and releases: a. A Preliminary Notice will be received from the contractor or subcontractor or supplier. b. Obtain Conditional Release forms dated the same day as the invoice from all companies that have sent preliminary notices for all work completed and billed prior to release of payment. c. Prior to second and subsequent payments, obtain Unconditional Release forms for all work previously paid. d. Pastor, Architect, Contractor and Diocesan Construction Project Manager must sign Acknowledgement of Completion. e. Upon final inspection, sign and record a Notice of Completion at the County Recorders Office. f. Hold the 10% retention of contract amount for a 35 day period after Notice of Completion has been recorded to assure all labor and materials have been paid for by Contractor. Obtain an Unconditional Final Release from the contractor with this final retention invoice. g. Obtain all warranties, guarantees, operating manuals, record ("as-built") drawings prior to the release of final payment. Forward the information to the Diocesan Construction Project Manager where it will be kept on file for future reference for the parish. 76

87 CHAPTER TWELVE GRATUITOUS LABOR 77

88 78

89 XII GRATUITOUS LABOR: The Bishop and the DBC encourage the use of gratuitous labor, realizing a giving of one's talents is equally as important as giving of money. Donations of time and labor serve to help build community. Unfortunately, a certain amount of risk and potential liability are involved when using volunteer labor. Therefore, the following regulations must be followed before commencing work with volunteers. A. When Volunteers are used for work where a building permit is required or in conjunction with work where a licensed contractor is required, such volunteer labor must be supervised and coordinated by an individual licensed to perform such work. B. All Volunteers must be covered by Workers Compensation and Public Liability Insurance, so that, in the event of an accident, the Diocese and Parish are protected. C. The cost of this insurance coverage and supervision can be included in the original contract with the contractor. D. In the event coverage of insurance cannot be obtained (written denial required) from the contractor, contact the Office of Financial Services for information on obtaining coverage through the assistance of the Diocese. NOTES 79

90 NOTES 80

91 CHAPTER THIRTEEN REAL ESTATE TRANSACTIONS 81

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93 XIII REAL ESTATE TRANSACTIONS It is necessary that all Real Estate transactions go through the Office of Construction and Real Estate. All sales and purchase contracts must be submitted to or written by the Office of Construction and Real Estate and reviewed by the Bishop, so the needs of the entire diocese are considered. NOTE: No real estate transactions can begin without written (signed) recommendations to the Diocesan Bishop from the Chief Financial Officer and Director of the Office of Construction and Real Estate as well as written (signed) Authorization to Begin Real Estate Negotiations from the Diocesan Bishop. (see Attachment 27) A. PURCHASES: The advisability of purchasing real estate requires expert research. information must be obtained: The following By Office of Construction and Real Estate: 1. A full legal description of the property. 2. The current zoning of the property. This is extremely important when planning a new church or school. It may not be possible to obtain a Conditional Use Permit (CUP) for a church or school if the zoning will not allow it. The purchase of property in this case may be a waste of money. 3. Obtain preliminary title insurance policy for review and title insurance on all properties. 4. The County Assessor's Parcel Number(s) and Assessor's Plot(s) of property. 5. Vicinity map showing the location of the property in relationship to nearby Diocesan properties. 6. Photographs of the property adequately showing all features. By the Parish: 1. The asking price and terms of sale. 2. The condition of buildings and other improvements on the property. 3. The present insured value of the property. 4. An appraisal by a licensed real estate appraiser or a market analysis by a licensed real estate agent. 5. The name, address and telephone number of the legal owner(s) and/or his/her agent. 6. A description of the proposed use of the property for immediate and future needs. 7. Description of surrounding parcels. 83

94 84

95 Many factors influence the cost of developing a property including flood control, sewers, streets, seismic zones, noise control, utility availability and other factors. The more information provided to the Office of Construction and Real Estate at the time of requesting a purchase, sale, or lease, the sooner the Office of Construction and Real Estate can issue a written report making recommendations to the Parish and the Bishop based upon the available facts. The Office of Construction and Real Estate is committed to issue the written feasibility report in a timely manner. Procedure to purchase real estate by parish. 1. Parish must meet with the Diocesan Building Committee to discuss the revision of the Master Plan to help discern whether the plan (with the new addition) is viable. 2. If it is determined that the property purchase is viable, the parish must meet with Diocesan Financial Review and Loan Committee to make financial arrangements. 3. A demographic study of the parish must be completed or updated before final approval by the Bishop. 4. An Authorization to Buy or Sell Real Estate (Attachment 27) is completed by the Office of Construction and Real Estate. After it is completed, it is signed by the Operations Manager of the Office of Construction and Real Estate, the Director of the Office of Construction and Real Estate, the Chief Financial Officer and the Diocesan Bishop. If the purchase is approved by the Bishop, the Office of Construction and Real Estate will proceed with opening an escrow, obtaining a title policy and completing the sale. Keep in mind that the property will be owned by the Roman Catholic Bishop of San Bernardino for the benefit of the parish. B. SALE OF PROPERTY OWNED BY THE DIOCESE (for the benefit of the parish): 1. Notify the Office of Construction and Real Estate prior to any negotiations regarding the proposed sale or lease with option to purchase. The Parish shall provide the following information to the OCRE for review and submittal to the Bishop. a. The suggested selling price and term of sale. b. The reason or purpose for the proposed sale. 2. Prior to submitting the matter to the Bishop, the Office of Construction and Real Estate will secure comparative market analyses and such other documents as mandated by Canon (See Attachment 23 for Canons regarding alienation of property.) 3. An Authorization to Buy or Sell Real Estate (Attachment 27) is completed by the Office of Construction and Real Estate. After it is completed, it is signed by the Operations Manager of the Office of Construction and Real Estate, the Director of the Office of Construction and Real Estate, the Chief Financial Officer and the Diocesan Bishop. 4. If the sale is approved by the Bishop, the Office of Construction and Real Estate will proceed with opening an escrow and completing the sale. 85

96 C. LEASES: 1. Notify the Office of Construction and Real Estate regarding any property which the parish wishes to enter into a lease agreement with another party. The parish shall provide the following information: a. Property address. b. Lease amount. c. Lessee/lessor name, address and telephone number. d. Terms of the lease. All leases will be prepared by the Office of Construction and Real Estate or by the Diocesan Attorney. Prior to the preparation of a lease, an Authorization to Execute Real Estate Lease is prepared by the Office of Construction and Real Estate. It is signed by the Operations Manager and Director of the Office of Construction and Real Estate and the Pastor / Administrator / Director. Leases must be signed by the Bishop. Keep in mind that the property is owned by the Roman Catholic Bishop of San Bernardino for the benefit of the parish. (The property could be owned by one of the sponsored corporations of the Roman Catholic Bishop.) D. DONATIONS: 1. Notify the Office of Construction and Real Estate of any requests for property donation as well as cars, mobile homes, etc. Parish shall provide the following information: a. Name, address and telephone number of donor. b. Location of property. c. Any pertinent information. 2. If the donation is accepted the Office of Construction and Real Estate will proceed with transfer of title. E. MOBILE HOMES: 1. Notify the Office of Construction and Real Estate if considering the purchase or sale of a mobile home. The Parish shall provide the following information: a. A copy of Certificate of Title, Registration and Decal Number. b. Location of property. c. Any pertinent information. 86

97 PLEASE NOTE: The installation of a mobile home for office or school use can be extremely costly and time consuming. Additionally, mobile homes depreciate in value and have little or no resale value. If the purchase or sale is approved the Office of Construction and Real Estate will complete the transfer. All mobile homes are in the name of the Roman Catholic Bishop of San Bernardino or one of its sponsored corporations. F. MOTOR VEHICLES: 1. Notify the Office of Construction and Real Estate if considering the purchase or sale of a motor vehicle. The Parish shall provide the following information: a. The original Certificate of Title (pink slip) or a copy. NOTE: ALL ORIGINAL CERTIFICATES OF TITLE MUST BE ON FILE WITH THE OFFICE OF CONSTRUCTION AND REAL ESTATE. If you do not have the Title, the Office of Construction and Real Estate will furnish you with the necessary paper work. b. Bill of Sale. c. Check for transfer cost paid to the Department of Motor Vehicles. The Office of Construction and Real Estate will obtain the correct amount from the Department of Motor Vehicles. d. ANY donated motor vehicle MUST be smogged by the donor within thirty (30) days prior to the transfer of title. e. The Office of Construction and Real Estate will complete the paper work and obtain necessary signatures before going to the Department of Motor Vehicles for the transfer. 87

98 CHAPTER FOURTEEN CELL TOWERS 88

99 89

100 XIV Cell Towers 1. Notify the Office of Construction and Real Estate (OCRE) if contacted by any company considering your site for a cell tower. The parish or school shall provide the following: a. Name of company and representative that contacted you. b. Phone number of contact person. c. Any information you discussed with them such as rental amount, terms or tower placement. d. It is important that the Office of Construction and Real Estate (through our Diocesan Real Estate Consultant) negotiate these items for you. 2. All leases are required to conform to a checklist of essential provisions: a. The tower conforms to the surrounding site, e.g., camouflage tower as pine, eucalyptus, or palm tree; design conforms with existing buildings. b. Seek appropriate indemnification from Lessee from any damages occurring as a result of Lessee s use of site, including: Electromagnetic radiation Traversing/climbing site, uninvited invitees who may try to climb the pole and get hurt Electrical interference Noise Any other type of damage which a neighbor or a business or society may be subject to at the site c. Cell Company to provide certificates of insurance naming Diocese and parish or school as additional insured. d. Provide for appropriate termination dates or relocation if the parish, ministry, etc. ceases to exist or sells property. e. Provide that all cell tower improvements - including any foundations - are removed when lease is terminated. f. Indemnification for any increase in property taxes or any other tax which may be imposed in connection with the site. g. Termination pertaining to morality provision. (see 3 below) h. Satisfactorily maintaining tower facilities and landscaping. i. Compliance with all applicable Building and Zoning Codes. j. Compliance with all Seismic and Earthquake Codes. k. Compliance with height limits defined by local zoning codes. l. Parish or school, with the consultation of the Diocesan Building committee to approve placement and construction design. 90

101 m. If property is sold Diocese can exclude the cell tower and retain lease rights. If cell tower is attached to a building, Diocese reserves the right to have it taken down or relocated pursuant to provisions in lease agreement. n. Maximum term is initial five years with 4 five year options with annual 3% CPI (Consumer Price Index) increases. 3. Morality Provision. The parties understand that Lessor as a nonprofit religious corporation and is required to follow the teaching of The Roman Catholic Church and that Lessor reserves the right to cancel this agreement upon ninety (90) days prior written notice if the use by Lessee in any way violates or is inconsistent with the norms, teachings and operations of The Roman Catholic Church. Lessee is a federally-licensed wireless telecommunications provider and is prohibited from monitoring the communications carried by its communication network. However, Lessee shall not create programming content that in any way violates or is inconsistent with the norms, teachings and operation of The Roman Catholic Church. 4. Prior to the cell company representative and pastor meeting with the Diocesan Building Committee, the following must occur: a. Have an approved Master Plan in place - or prepare Master Plan and present it to the DBC when presenting the cell tower plan. b. Have conducted a site walk thru with all cell tower consultants to determine the best location and design. c. Have received photo simulations and construction drawings provided by cell company consultant. d. Deliver to OCRE fifteen (15) sets of 11 x 17 drawings a minimum of three weeks prior to the DBC meeting. e. Provide Letter of Authorization for approval by DBC provided design meets DBC approval. f. Provide negotiated lease agreement. 5. The Diocese has contracted with a Real Estate Broker (who is a consultant to the Diocese) to assist in all facets of cell tower procurement. This includes the initial consultation with parish to determine the best location and design. They will coordinate the Site Inspection with cell company consultants including contractors, engineers, architects, utility experts, radio frequency network consultants and surveyors: a. The Real Estate Broker will provide the Letter of Intent and Lease form as approved in content by Diocesan legal counsel. b. The Broker will negotiate the terms of the lease agreement and obtain the most reasonable and highest monthly rent possible. c. The Broker will coordinate the DBC meeting and assure all plans and documents are ready prior to the meeting. 91

102 d. The Broker will monitor all entitlements for cell tower as applied for by cell company. e. The Diocese will monitor all lease provisions and collection of monthly rents and disburse accordingly. f. The Broker will act as a liaison between the parish, cell company consultants and Diocese. g. Broker will assist in finding a cell company to provide service if the parish desires. NOTES 92

103 NOTES 93

104 ATTACHMENTS 94

105 95

106 ATTACHMENT 1 EVALUATION OF NEEDS The following are areas to think about when considering any construction or renovation of buildings: C Worship Space C Washer/Dryer C Chapel for daily Mass C Sufficient Electrical Power (Fiestas, C Flexible Meeting Rooms / Flexible Walls Bazaars, Festivals) C Sound System C Janitor Room and Supply Room C Music and Choir Practice C Place to store and give food and C First Aid clothing assistance C Prayer and Support Groups C Shelter for Homeless C Baby Sitting C Soup Kitchen C Youth Center C Office Space (for administration, C Library business, ministries, counseling) C Counseling Rooms C Outdoor Recreational Space C O.C.I.A. C Day Care / Extended Day Care C Teacher Work Room C School C Kitchen C Adult Education C Handicapped Facilities C Outdoor Prayer Area C Restrooms (per A.D.A.) with changing C Room to Grow / Expandable tables for babies Building C Stage C Carpeting C Showers C Drinking Fountains C Area for Social Gatherings C Retreat Center C Other: C Garages C Storage Rooms C Windows C Television / Multimedia C Computer Systems C Telephone System / FAX C Bulletin Boards NOTES: C Outdoor Lights C Parking C Central Heating/Air Conditioning / Energy Efficiency 96

107 ATTACHMENT 2 CONSTRUCTION COST ESTIMATE PARISH: PROJECT: ADDRESS: DATE: REVISION: ITEM ESTIMATED COST ACTUAL COST LAND ACQUISITION Realtor Fees Appraiser Fees Title Insurance Fees Legal Fees Government Filing Fees Escrow Fees Land Cost Taxes Title Insurance Surveyor Fees Architect Fees Street Inspections Fees Grading Permit Fees Plan Check Fees Building Permit Fees Demolition Permit Fees 97

108 Easement and Dedication Costs ITEM Legal Fees Bond Costs for Government Utility Landscaping Off-site Improvements Other UTILITY COMPANIES Water Meter Fee Backflow Prevention Fee Water Assessment Fee Fire Hydrants Fee Utility Hook-ups Fees Gas Electrical Water Sewer Telephone Gas Line Fee Electric Transformer Fee Electric Power Line Fee Telephone Fee Cable T.V. Fee Legal Fees Easement Costs Other Other Other 98 ESTIMATED COST (CONT.) ACTUAL COST (CONT.)

109 ITEM CONSTRUCTION ESTIMATED COST (CONT.) ACTUAL COST (CONT.) Demolition Grading - Rough Site Work Compaction Foundation Carpentry - Rough Carpentry - Finish Lumber - Rough Lumber - Finish Structural Steel Mechanical Plumbing Heating/Ventilation/Air Conditioning Fire Sprinklers Electrical Fire Protection System Masonry Roofing Fences Grading - Fine Insurance (fire, etc.) Off-site Construction Costs curb gutter sidewalk 99

110 parkway fire hydrant ITEM street lighting storm drains Concrete Walkways General Contractor Fees Doors/Frames/Jambs/Hardware Partitioning Systems Drywall Insulation Sound System Landscaping Irrigation Sprinklers Floor Coverings Telephone System Telephone Installation Television (Diocesan) Computer System Security System Kitchen Equip./Appliances Wall Finishing Tile Signage Light Fixtures, Special Clocks Asphalt Paving Traffic Striping Folding Doors ESTIMATED COST (CONT.) ACTUAL COST (CONT.) 100

111 Contractor's Fees Other ITEM Other Other FURNISHINGS Sanctuary Furnishings Pews, seats Organ Stations of the Cross Stained Glass Bells Tabernacle Cabinets Statuary, Grotto Drapes Votive Candle Racks Reconciliation Furnishings Magazine Racks, Tables Safe School Equipment Baptismal Font Sacristy Furnishings Other Other Other MISC. Fund Raising Costs ESTIMATED COST (CONT.) ACTUAL COST (CONT.) 101

112 Borrowing Costs Ten Percent Contingency Other ATTACHMENT 3 STANDARD BUILDING CONTRACT PROCEDURE OF THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO INSTRUCTIONS TO ARCHITECT RELATIVE TO PREPARATION OF CONTRACT DOCUMENTS AND CONTRACT PROCEDURE 1. The Architect shall follow the procedures as outlined in the current Procedure Manual For Construction Projects as established by the Diocese. 2. The Construction Contract and related documents shall be those described in the Procedure Manual and are listed hereunder: A. Instructions to Bidders B. Contractor's Proposal C. Agreement between Owner and Contractor D. General Conditions of the Contract E. Special Conditions NOTE: With regard to completion or alteration of the above contract Documents the following shall apply: A. Instruction to Bidders: Bids shall be opened at the Diocesan Pastoral Center unless otherwise required by the DBC. Note that no more than five alternates to the base bid shall be required. B. Establish the project time for completion. C. Agreement Between Owner and Contractor: Do not include any reference to liquidated damages. 102

113 D. General Conditions: Clarify articles sub-paragraphs and so that Owner and Contractor know which party pays for which item. This clarification shall be added to the Special Conditions. If the contract work is for remodeling or additions, then use the alternate insurance requirements - see article subparagraph thru This change shall be added to the Special Conditions. No other changes are permitted without written approval of the DBC Consultant. E. Special Conditions: Articles 5, 6 and 7 may be changed to suit job conditions with the pastor's concurrence. Articles 8, 9, 10, 11, 12 and 13 shall be mandatory requirements. 3. Contractor's requests for payments shall be submitted through the architect. 4. Problems of a legal nature arising prior to, during or subsequent to construction shall be referred to the Diocesan Building Committee Consultant. 5. Contractors final payment check shall be sent to the Architect who shall forward it to the Contractor provided the Contractor has fully complied with contract requirements. 6. The Architect shall prohibit the Contractor from delivering material or performing any work on the site prior to the official written Notice to Proceed is issued. 7. The Architect shall submit to the Diocesan Building Committee at the phases listed hereunder the detailed information stated hereunder. A. Schematic Design Phase (i) Vicinity Map (ii) Plot Plan - scale 1 to 20, showing layout of buildings, parking lots, adjacent streets, landscaped areas and the location of any existing buildings and facilities. (iii) Architectural drawings of building - scale minimum of 1/8 inch to one foot, showing all floor and roof plans, all exterior elevations and at least one longitudinal and one cross section of each building. The floor plans shall also indicate location of furnishings such as seating, altar, organ and the like. (iv) The total probable cost estimate on the Diocese project budget form. 103

114 B. Design Development Phase (i) Preliminary working drawings, architectural, civil, structural, plumbing, heating, ventilating and air conditioning and electrical, including connections to off and on site utilities and sewers and off site improvements. (ii) Preliminary specifications (technical sections). (iii) Preliminary approval of all governmental entities having jurisdiction over the project. (iv) Approval of all public utilities involved in the project. (v) First revised project budget form showing the total probable cost estimate and also the cost estimate for all services, information, surveys and reports furnished or to be furnished by consultants. C. Construction Document Phase (i) Final complete construction drawings and specifications and all bidding and construction documents. (ii) Final and complete revised project budget form showing total cost estimate. 8. The Architect shall incorporate in the bidding documents among others as required the following: A. Instruction to Bidders B. Contractor's Proposal C. Agreement Between Owner and Contractor D. General Conditions E. Special Conditions F. Payment and Performance Bonds G. Contractor's Guarantee Form H. Trade's Guarantee Form NOTE - Special Conditions should contain a reference that items F, G and H are the forms to be used by the Contractor. 104

115 9. Architect's Insurance A. Besides professional liability insurance, the Architect shall take out and maintain during the life of this contract such, Workers' Compensation, Employer's Liability, General Liability and Automobile Liability Insurance as shall protect him and the Owner from all claims, among others, for bodily injury including accidental death, as well as from all property damage arising from operations under this contract, including claims made by the Owner. Minimum coverage and limits shall be as follows: General Liability* Comprehensive Form * Automobile Liability* Comprehensive Form; Owned* Hired; Non-Owned* * In the combined single limit of minimum of $2,000,000. B. All insurance policies including professional liability shall name the Owner as an additional insured and certificates shall be sent to the Owner bearing evidence of this and also that the policies shall not be cancelled or coverage reduced without, in fact first giving thirty (30) days written notice to the Owner. 10. The Architect shall submit a project budget on Attachment 2 (Construction Cost Estimate) with the schematic Design Phase. All spaces shall be filled, even those not applicable ('N/A') or those not in contract ('N.I.C.'). The project budget shall be revised as necessary at the Design Development Phase and the Construction Document Phase. At the actual completion of the project, the Architect shall complete those costs, of which he has knowledge, on the budget form. 11. The Architect's fees shall be billed to the Diocesan Pastoral Center for the attention of the Office of Construction and Real Estate. 105

116 ATTACHMENT 4 DIOCESE OF SAN BERNARDINO INSTRUCTIONS TO BIDDERS 1. FORM OF THE PROPOSAL: The proposal must be made on the attached Contractor's Proposal form, which must be filled out completely, dated and signed by the bidder or duly authorized agent in accordance with the directions on the Proposal form. Each proposal shall include a complete list of the subcontractors proposed for every portion of the work, in accordance with instructions therein. 2. SUBMISSION OF THE PROPOSAL: Signed copies of each Proposal shall be sealed in an opaque envelope. The envelope shall bear the bidder's name, the title of the Project Bid, the Bid date and time for opening, and shall be addressed as follows: Bids shall be submitted at the above address before the time and date specified on the Contractor's Proposal Form. Bidders are invited to attend the opening of bids at the designated time. Proposals shall be submitted at the place designated in the Notice Inviting Bids at or before the time specified in said Notice. Before that time a proposal may be withdrawn, but only in person by the bidder or someone authorized by him in writing, and not by telephone or telegram. 3. DRAWINGS AND SPECIFICATIONS: Each bidder may obtain two sets of plans and specifications together with contract documents upon deposit of $ for each set. The deposit will be refunded only upon the return of the documents in good condition within five (5) calendar days after opening of the proposals. Bidders may be required to forfeit the deposit to the Owner if the documents issued to them are damaged. For mailing of sets submit a separate non-refundable check in the amount of $5.00 per set. 4. ADDITIONAL SETS OF CONTRACT DOCUMENTS: Bidders may purchase additional sets or parts of drawings and specifications by contacting the Architect. 5. INTERPRETATION OF THE DOCUMENTS: 106

117 Discrepancies in and omissions from the plans, specifications or other contract documents, or questions as to their meaning shall, at once, be brought to the attention of the Architect. Any interpretation of the documents will be made only by addenda duly issued and a copy of such addenda will be mailed or delivered to each person or firm receiving a set of such documents. The Owner will not be responsible for any other explanations or interpretations. Should anything in the scope of the work or any of the sections of the specifications be of such nature as to be apt to cause disputes between the various trades involved, such information shall be promptly called to the attention of the Architect. 6. ADDENDA TO THE DOCUMENTS: The Owner reserves the right to issue such addenda to the documents as it may desire at any time prior to the time fixed for receiving proposals. A copy of all such addenda will be promptly mailed or delivered to each bidder. The number and date of each addendum shall be listed on the Contractor's Proposal in the space provided. 7. OWNER'S RESERVATION OF RIGHTS: The Owner reserves the right to reject any or all proposals and to waive any informalities in a bid or in the bidding. No bidder may withdraw his bid for a period of sixty (60) days after the time set for the opening thereof. 8. BIDDER'S BOND: Each proposal must be accompanied by a bid bond drawn in favor of the Owner in an amount not less than ten percent (10%) of the total proposal. This bond shall be given as a guarantee that the bidder, if awarded the contract, will execute and deliver the contract documents and the required Payment and Performance bonds in accordance with his proposal accepted by the Owner. In default of execution of the contract upon award and/or delivery of said Payment and Performance bonds, such proposal bond shall be held subject to payment to the Owner of the difference in money between the amount of the bidder's proposal and the amount for which the Owner may legally contract with another party to perform the said work, together with the costs to the Owner of redrafting, redrawing and publishing documents and papers necessary to obtain new bids on the said work. The bond shall, in addition, be held subject to all other actual damages suffered by the Owner, as set forth in the contract documents. Said bond will be returned upon the close of the period mentioned in the paragraph above, and to the successful bidder upon execution of the contract documents. 9. AWARD OF CONTRACT: The contract will be awarded, subject to the Owner's reservation of rights, to the lowest responsible bidder. Execution of the contract documents shall constitute a written memorial thereof. 10. ADDITIONAL INFORMATION: 107

118 The Owner reserves the right to require of a bidder information regarding financial responsibility or such other information as the Owner determines is necessary to ascertain whether a bid is in fact the lowest responsible bid submitted. 11. PROMPT ACTION BY CONTRACTOR: After the award of the Contract by the Owner and within four (4) days after the Agreement Forms are presented to the Contractor for signing, he shall return to the Owner the signed Agreements, along with all necessary Bonds and Certificates of Insurance. 12. CAUTION TO BIDDERS: Prospective bidders are cautioned not to merely examine the plans and specifications in making their bid since requirements are imposed upon the contractor by various other portions of the Contract Documents. 13. PERFORMANCE AND PAYMENT BONDS: Bidder's attention is directed to the requirement that both the Performance and Payment Bonds are for 100% of the contract price. 108

119 ATTACHMENT 5 CONTRACTOR'S PROPOSAL Bid Date: Time: TO THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO, A Corporation Sole: The undersigned, having carefully examined the proposed site, the plans and specifications, of all of the Bidding and Contract Documents for the construction of: Building Parish City hereby proposes and agrees to furnish all tools, equipment, services apparatus, facilities, transportation, labor and materials necessary to complete the construction in strict conformity with the Contract Documents, including all work specified in Addenda numbered and dated: Addendum No. Addendum No. Date Date for the TOTAL SUM OF: $ including all applicable taxes, permits and licenses; this figure to be known as the Base Bid. TIME FOR COMPLETION: The undersigned hereby agrees to complete the entire work within after receipt of the Notice to Proceed. calendar days AWARD OF CONTRACT: 109

120 The undersigned fully understands that a contract is formed upon the acceptance of this Proposal by the Owner, and the undersigned further agrees that upon request he will promptly execute and deliver to Owner a written memorial of the contract together with the required Payment and Performance Bonds. BID GUARANTEE: The enclosed bidder's bond on approved form, made payable to the Owner in the amount of ten percent (10%) of the total bid submitted herewith, is hereby given as a guarantee that the bidder will execute and deliver the above mentioned written memorial and required bonds if awarded the contract, and in the event that the undersigned fails or refuses to execute and deliver said documents, such bond is to be charged with the costs of the damages experienced by the Owner as a result of such failure or refusal, including but not limited to the difference in money between the amount of the bid of the said principal and the amount for which obligee may legally contract with another party to perform the said work if such amount be in excess of the former, building lease or rental costs, transportation costs and additional default on the awarded contract. In no event, however, shall the surety's liability exceed the penal sum hereof. DESIGNATION OF SUBCONTRACTORS: The undersigned agrees to submit a list of proposed subcontractors within one day of a request for such a list by the Architect or Owner. NAME OF BIDDER: Type of Organization: Authorized Signature: Title of Signer: Address of Bidder: Telephone Number: Contractor's License Number: 110

121 ATTACHMENT 6 ADDENDUM 1 In addition to any other requirements set forth above, it is the intention of the Diocese of San Bernardino, hereinafter "Diocese", that the Contractor abide by the spirit of "The Challenge of Peace and Economic Justice", a statement made by the United States Catholic Bishops in Accordingly, and consistent with Bishop Phillip F. Straling's pronouncements in the prologue of that document,, hereinafter "Contractor", agrees to the following: a. Contractor will read "The Challenge of Peace and Economic Justice", a copy of which is attached hereto. Upon completion, Contractor will certify by signing below that this document has been reviewed. b. Contractor agrees that it will pay its employees a just and fair wage as defined on Page 21 of the Diocese of San Bernardino Policy Manual for Construction and Real Estate, In affirming the responsibility of the Church to do justice when contracting for construction labor on its facilities and churches, every contractor approved by the Diocesan Building Committee, in accordance with the policies of the Diocese of San Bernardino, to do work on diocesan, parish and school construction projects shall agree to pay wages for each craft, trade, or worker classification that are consistent with the "prevailing wage" as determined by the California State Department of Industrial Relations. (Any parish, diocesan office or other diocesan entity wishing to deviate from this policy must first obtain written personal approval and permission from the Diocesan Bishop)." At a minimum, the wage amount for each craft, trade, or worker classification will be commensurate with wage amounts as defined by California Prevailing Wage. Contractor understands that it is not required by the Diocese of San Bernardino to follow the California Prevailing Wage Law provisions except as set forth in the proceeding sentence. Contractor further agrees that it will allow Diocese to review any and all documents related to the payment of wages, wage scales, and wage and personnel policies of Contractor upon request. Contractor further agrees to allow Diocese to review payroll records upon request for any and all employees employed by Contractor on this project until such project is deemed completed by Diocese. c. Contractor agrees that is will maintain current worker's compensation, disability and unemployment insurance policies for any and all employees employed by Contractor on this project until such project is deemed completed by Diocese. Contractor agrees to allow Diocese to review any such policy upon request. 111

122 d. Contractor agrees to make available policies of health insurance for any and all employees employed by Contractor on this project until such project is deemed completed by Diocese. Contractor further agrees to provide Diocese satisfactory proof that it has made such policies available to employees upon request. e. Contractor agrees to provide safe and healthful working conditions that are, at a minimum, consistent with California and Federal Occupational Safety and Health laws and regulations, as are applicable to Contractor and the project. f. Contractor agrees that it respects employee rights to freely associate and participate in any organization for securing their just rights. Contractor agrees that it will not retaliate against employees who either choose to or decline to exercise these rights. g. Contractor agrees that it will not discriminate against any of it's applicants or employees, in hiring or any term or condition of employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status or sex, consistent with California and Federal laws and regulations. Contractor further agrees that it will ensure a workplace free from sexual harassment; and to that end, will implement the minimum requirements set forth in California Government Code section Contractor agrees to provide Diocese with information and documents related to these latter requirements upon request. h. Contractor agrees that Diocese has no obligation to audit or review Contractor's performance, or to notify contractor of nonperformance. I hereby certify that I have reviewed the attached document, "The Challenge of Peace and Economic Justice". I further certify and agree to the provisions set forth in Sections a - h of this Addendum. Contractor Date 112

123 ATTACHMENT 7 Only CONTRACTOR CHECKLIST Acctg. Use =============== CONTRACTOR PROJECT Date Rec'd Vendor # Prior to start of work: Date Rec'd Initial 1. Copy of contract/written agreement 2. Copy of current California Contractor's License 3. Copy of surety bond 4. Certificates of Insurance a. names Diocese as "Additional Insured" b. includes "30 day notice of cancellation" clause c. meets Diocesan established limits of liability I. Comprehensive General Liability II. III. Automobile Workers Compensation 5. Projected payment schedule - one copy to accounting department. a. Total Contract Amount I. The Diocesan Construction Project Manager will complete this checklist and forward it to Accounting. Accounting will then establish the Contractor as an approved vendor for this project. II. A Contractor may be working at more than one location. The checklist must be completed for each location/project. 113

124 III. A Contractor will not be approved for payment if Accounting has not received the checklist. Attachment 8 PRE-CONSTRUCTION MEETING CHECK-LIST DOCUMENTS REQUIRED FOR PRE-CONSTRUCTION MEETING - PRIOR TO "NOTICE TO PROCEED." (Items 1 thru 12 are from The Office of Construction and Real Estate to Contractor) 1. Agreement between Owner and Contractor - signed by Contractor; Pastor; Bishop 2. General Conditions 3. Special Conditions 4. General Guarantee 5. Trade Guarantee Form 6. W-9 Form 7. Construction Release Forms (conditional & unconditional) 8. Construction Process 9. Construction Cost Estimate 10. Addendum 1 and Peace & Justice Booklet 11. Addendum 2 Safe Environment for Children. 12. Fair and Decent Wage to Contractors (letter) 13. Acknowledgement of Completion of Work (Items 14 thru 24 are from the Contractor to Office of Construction and Real Estate) 14. California Contractor's License 15. Surety Bond 16. Payment Bond 17. Performance Bond 18. Insurance: (In the combined single limit of minimum $1,000,000.00) a. General liability b. Comprehensive Form c. Automobile Liability d. Comprehensive Form e. Owned Hired; Non-Owned 19. Copy of the Insurance Certificate should state that the additional insured is The Roman Catholic Bishop of San Bernardino, a corporation sole. 20. Schedule of Values (Line Item Cost Breakdown) 21. List of Subcontractors (Name, Address, Contactor s License Number) 22. Construction Time Schedule 23. Approved Set of Plans 24. Project Manual 114

125 115

126 Attachment 9 Diocese of San Bernardino OFFICE OF CONSTRUCTION AND REAL ESTATE DATE: TO: FROM: SUBJECT: Notice to Proceed This is a formal notice that as of the day of in the year, shall proceed with the construction of the at per the construction contract for same. 116

127 ATTACHMENT 10 THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO A CORPORATION SOLE 1201 E. HIGHLAND AVENUE SAN BERNARDINO, CA GENERAL GUARANTEE With reference to contract dated, 20 between the Roman Catholic Bishop of San Bernardino, the owner and the General Contractor, for the Project known as the undersigned General Contractor makes the following statements: 1. All work has been completed in strict accordance with the plans, specifications, and any approved change orders. 2. All labor and/or materials used in connection with said work is guaranteed to be free of any defects for a period of one (1) year from date of completion. 3. If any defects in labor and/or materials on said work occur or become evident within the above stated guarantee period, the undersigned agrees to restore, at his own expense, such defective portion of the work, together with any subsequently damaged work, to the condition as required by the plans, specifications and change orders. 4. In the event of failure of the undersigned to comply with the above within ten (10) calendar days after being notified in writing by the owner, the undersigned authorizes the owner to correct defects and charge the undersigned for them and the undersigned agrees to pay such charges immediately upon receipt of invoice. SIGNED: General Contractor Authorized Officer's Signature Date Title Telephone Number Address: Contractor's License No. 117

128 ATTACHMENT 11 THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO A CORPORATION SOLE 1201 E. HIGHLAND AVENUE, SAN BERNARDINO, CA TRADE GUARANTEE With reference to contract dated, 20 between the Roman Catholic Bishop of San Bernardino, the Owner and the General Contractor, for the Project known as ; with regard to the trade of the undersigned subcontractor or supplier makes the following statements: 1. All trade work has been completed in strict accordance with the plans, specifications, and any approved change orders. 2. All labor and/or materials used in connection with said trade work is guaranteed to be free of any defects for a period of one (1) year from date of completion. 3. If any defects in labor and/or materials on said trade work occur or become evident within the above stated guarantee period, the undersigned agrees to restore, at his own expense, such defective portion of the trade work, together with any subsequently damaged work, to the condition as required by the plans, specifications and change orders. 4. In the event of failure of the undersigned to comply with the above within ten (10) calendar days after being notified in writing by the owner, the undersigned authorizes the owner to correct defects and charge the undersigned for them and the undersigned agrees to pay such charges immediately upon receipt of invoice. SIGNED: COUNTERSIGNED: Subcontractor or Supplier General Contractor Authorized Officer Signature Authorized Officer Signature Title Title Address Address Telephone Number 118 Telephone Number

129 ATTACHMENT 12 Bid Tabulation Sheet Parish Date Contractor Bid Bond Bid Amount Alternate 1 Alternate 2 Total Amount Days

130 ATTACHMENT 13 CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT [California Civil Code 3262(d)(1) Upon receipt by the undersigned of a check from (Maker of Check) in the sum of $ payable to (Amount of Check) (Payee or Payees of Check) and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release pro tanto* any mechanic's lien, stop notice or bond right the undersigned has on the job located at (job Description) (Owner) to the following extent. This release covers a progress payment for labor, services, equipment or material furnished to (Your Customer) through (Date) only and does not cover any retention or items furnished after said date. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Dated: (Company Name) By (Title) *For so much; for as much as may be; as far as it goes. NOTE: This form of release complies with the requirements of Civil Code Section 3262(d)91). It is to be used by a party who applies for a progress payment when the progress payment check has not yet cleared the bank. This release only becomes effective when the check, properly endorsed, has cleared the bank. 120

131 ATTACHMENT 14 UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT [California Civil Code 3262 (d)(2)] The undersigned has been paid and has received a progress payment in the sum of $ for labor, services, equipment for material furnished to The Roman Catholic Bishop of San Bernardino (Your Customer) on the job of located at (Owner) and does hereby release pro tanto* any (Job Description) mechanic's lien, stop notice, progress payment for labor, services, equipment or material furnished to The Roman Catholic Bishop of San Bernardino through (Your Customer) retention or items furnished after the date. Dated: By (Date) (Title) only and does not cover any (Company Name) NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. * For as much; for as much as may be; as for as it goes. NOTE: This form of release complies with the requirements of Civil Code Section 3262(d)(2). It is to be used to release claims to the extent that a progress payment has actually been received by the releasing party. 121

132 ATTACHMENT 15 CHECKLIST FOR PROGRESS PAYMENT Date Initials 1. Contractor Checklist complete (approved Vendor) 2. Invoice approved for payment a. Pastor b. Operations Coordinator c. Architect (where applicable) 3. 10% retention withheld from invoice 4. Conditional Release for Progress Payment a. original document attached b. release dated same as invoice 5. Unconditional Release for Progress Payment (See Note) (give to accounting with check request) a. mailed with check b. received in return mail and attached with next payment request I. This Checklist is to accompany Check Request. II. An Unconditional Release will be mailed with the check which is to be signed and returned by the contractor BEFORE any future payments are made. 122

133 ATTACHMENT 16 CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code 3262(d)(3)] Upon receipt by the undersigned of a check from Roman Catholic Bishop of San Bernardino (Maker of Check) in the sum of $ payable to (Amount of Check) (Payee or Payees of Check) and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of (Owner) located at (Job Description). This release covers the final payment to the undersigned for all labor, services, equipment or material furnished on the job, except for disputed claims for additional work in the amount of $. Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. Dated: (Company Name) By (Title) NOTE: This form of release complies with the requirements of Civil code Section 3262(d)(3). It is not effective until the check that constitutes final payment has been properly endorsed, and has cleared the bank. 123

134 ATTACHMENT 17 UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code s3262 (d)(4)] The undersigned has been paid in full for all labor, services, equipment or material furnished to (Your Customer) on the job of Roman Catholic Bishop of San Bernardino located at (Owner) (Job Description) and does hereby waive release any right to a mechanic's lien, stop notice, or any right against a labor and material and bond on the job, except for disputed claims for extra work in the amount of $. Dated: (Company Name) By: (Title) NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. Note: This form of release compiles with the requirement of Civil Code Section 3262(d)(4). 124

135 Attachment 18 Checklist for Final Payment 1. Date Initials Invoice approved for payment. a Pastor / Pastoral Coordinator b Architect c Diocesan Construction Project Coordinator 2. Date Initials Conditional Release for Final Payment a Original Document Attached b Release dated the same as invoice c Check Preliminary File 3. Date Initials Notice of Completion Filed. (see Note #1) a. 4. Date Initials All warranties, guarantees, operating manuals, asbuilt drawings have been obtained from the contractor. (see Note #2) 5. Date Initials Exchange with Contractor an Unconditional Final Release for check / payment. a Original attached NOTE #1: Per Chapter XI of the Policy Manual for Construction and Real Estate, "Ten Percent (10%) of the contract is retained. This money is released 35 days after the recordation of the Notice of Completion and the Diocese is assure that no liens have been filed against the property.") NOTE #2: Per Chapter XII, Page 48, Policy Manual for Construction and Real Estate, Architect shall obtain three copies (from the Contractor) of all Maintenance Manuals, Operating Instructions and Parts Lists. Then, check and acknowledge for completeness. Sign and deliver one set of these documents to the Diocesan Construction Project Manager and two sets to the Parish. Also, the Architect shall obtain two sets of all guarantees and warranties, including those for trade and special equipment from the Contractor. Forward one set of these documents to the Diocesan Construction Project Manager and one set to the Parish. 125

136 ATTACHMENT 19 DIOCESE OF SAN BERNARDINO ACKNOWLEDGEMENT OF COMPLETION OF WORK Parish City Project It is hereby acknowledged that the work on the above described project is substantially complete and the Notice of Completion can be recorded. Architect Date Pastor / Pastoral Coordinator Date Contractor Date Diocesan Parish Construction Coordinator Date Notice of Completion Recorded on Date Initials 126

137 RECORDING REQUESTED BY ATTACHMENT 20 WHEN RECORDED MAIL TO: The Roman Catholic Bishop of San Bernardino, a corporation sole 1201 E. Highland Avenue San Bernardino, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is OWNER or agent of the OWNER of the interest of estate stated below in the property hereinafter described. 2. The FULL NAME of the OWNER is The Roman Catholic Bishop of San Bernardino, a corporation sole 3. The FULL ADDRESS of the OWNER is 1201 E. Highland Avenue, San Bernardino, CA The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee. (If other fee, strike "in fee" and insert, for example, "purchaser under contract of purchase." or "lessee.") 5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: NAMES ADDRESSES 6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was COMPLETED 8. The work of improvement completed is described as follows: 9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: 10. The street address of said property is 11. The property on which said work of improvement was completed is in the City of County of, State of California, and is described as follows: APN Date: The Roman Catholic Bishop of The Diocese of San Bernardino, a corporation sole Signature of owner or agent of owner Verification for INDIVIDUAL owner : I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest of estate in the property described in the above notice: that I have read said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct. Date and Place (Signature of owner named in paragraph 2) Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the of the aforesaid interest or estate in the property described in the above notice: that I have read the said notice, "PRESIDENT, PARTNER, MANAGER, AGENT, ETC" that I know and understand the contents thereof, and that the facts stated therein are true and correct. Date and Place (Signature Revised of person March signing 18, 2009 on behalf of owner) 127 It s Attorney In Fact for The Roman Catholic Bishop of San Bernardino

138 ATTACHEMENT 21 DIOCESE OF SAN BERNARDINO QUESTIONNAIRE FOR ARCHITECTS, ENGINEERS, SURVEYORS AND CONTRACTORS Date: Please provide the following information: 1. Firm Name: 2. Type of Organization: 3. Year Established: 4. Address: 5. Telephone: FAX: 6. Principals Name, Education and Technical Experience: 7. Principal License Number (provide copy): 8. Key Personnel, Education and Technical Experience: 9. Number of Permanent Employees: 10. A CURRENT FINANCIAL STATEMENT AND BALANCE SHEET PREPARED BY SOMEONE OTHER THAN YOUR COMPANY, IS NEEDED BEFORE YOUR APPLICATION WILL BE REVIEWED. 11. Bank References: (Name, Address, Telephone) a. b. c. 12. Business References: (Name, Address, Telephone) a. b. c. 128

139 13. List of past and present projects: Name Location Type of Project Cos t Percentage Completed 14. Insurance: Liability Limits a. Errors/ Omissions Carrier Policy Term b. Workers Compensation c. Liability 15. Minimum to Maximum Value of Contracts Sought: Minimum $ Maximum $ NOTE: ATTACH ADDITIONAL INFORMATION YOUR ORGANIZATION FEELS PERTINENT. NOTE: REFERENCES MAY BE CONTACTED BY DIOCESAN BUILDING COMMITTEE. 129

140 ARCHITECTS, ENGINEERS, SURVEYORS ONLY 16. Outside Associates and Consultants usually Employed: Name: Address: Type of Service: Major Subcontractors and Suppliers Usually Employed: Name: Address: Type of Service: 18. Schedule of Fees:

141 CONTRACTORS ONLY 19. Major Subcontractors and Suppliers Usually Employed: Name: Address: Type of Service: Trades Performed with Own Employees: 21. Signatory To Labor Agreements - Organization Names: 22. Bonding: Surety Bond Performance Bond Payment Bond a. Name of Surety Company: $ $ $ b. Maximum Bond Available: $ $ $ 23. Insurance: Workers Compensation ($1M) Yes No General Liability ($1M) Yes No 24. Value of Contracts: Minimum $ Maximum $ 131

142 Attachment 22 Financial Review and Loan Committee of the Diocesan Finance Council PURPOSE: who PROCESS: To review the total financial position of a parish, school, or diocesan organization has established a need to purchase real property, improve and/or renovate existing facilities the cost of which is estimated to be $50,000 or more, or the construction of a new plant facility. The committee acts in an advisory capacity to the diocesan Bishop and the Finance Council to ensure that diocesan resources are properly safeguarded. Preliminary Review After the entity has completed the first 16 steps as outlined in Chapter 5 of The Diocesan Policy Manual for Construction and Real Estate the Pastor/Administrator, Parish Finance Council representative, and the Parish Building Committee representative are to schedule a meeting with the Financial Review and Loan Committee. Three weeks prior to the meeting with the Financial Review and Loan Committee the entity will be requested to submit the following pertinent information: Five (5) year history of Financial Reports Current income and expense report Current cash position All loans outstanding and current status of loans Ten (10) year cash flow projection Projected cost of project Demographics of entity Fund raising capabilities After reviewing the information submitted and interviewing the entity s representatives the committee will make it s recommendations to the Bishop as to the entity s financial ability to successfully complete the proposed project. Based on this information the Bishop will give or deny permission for the entity to proceed with the steps outlined in the Diocesan Policy Manual for Construction and Real Estate. FINAL REVIEW When the project has progressed to the point that the entity has been given permission to enter into the bid phase the entity will schedule a second meeting with the Financial Review and Loan Committee. Updated information as outlined previously will be submitted three weeks prior to the meeting date. Again, the Pastor and/or Administrator, Parish Finance Council representative, and Parish Building Committee representative are required to attend this meeting. The purpose of this meeting is to determine the financing of the project and an opportunity for the entity to make a formal request for a loan if one is required. After careful review of all information gathered the Financial Review and Loan Committee will make its recommendations to the Bishop regarding the loan limit and the duration of the loan. 132

143 POLICY: The following are the basic guidelines used in the loan approval process: Loans requested from diocesan funding at the most favorable rate will be for less than $1,000,000 Loans requested from diocesan funding for greater than $1,000,000 will require a higher interest rate and may be subject to further restrictions. Any loan greater than $1,000,000 may require funding by sources outside of the diocese and therefore be subject to market rates. No loan will be for a term longer than seven years in duration whether funded through the diocese or outside sources A loan is not expected to exceed 35% of the total cost of the project (the balance of project funding must be on deposit with the diocese in a Restricted Funds on Deposit account). If an entity demonstrates the ability to repay a loan in a shorter term they may borrow up to 45% of the total project cost. This will result in a minimum of 1 year shorter term for each 5% increase in loan amount above 35% of the total project cost plus an additional 1% increase in interest (for each 5% increase in loan amount) if the loan is funded by the diocese. FOR EXAMPLE : #1 Total project cost $2,857,000 Restricted Funds on Deposit $1,857,000 Loan (35% of project cost) $1,000,000 Interest rate 6.5% Term of loan 7 yrs. Monthly payment 14, Total interest 247, #2 Total project cost $2,857,000 Restricted Funds on Deposit $1,714,200 Loan (40% of project cost) $1,142,800 Interest rate 7.5% Term of loan 6 yrs. Monthly payment 19, Total interest 279, #3 Total project cost $2, Restricted Funds on Deposit $1,571,350 Loan (45% of project cost) $1,285,650 Interest rate 8.5% Term of loan 5 yrs. Monthly payment 26, Total interest 296,

144 ATTACHMENT 23 CANONS REGARDING ALIENATION OF PROPERTY CAN The general and particular provisions which the civil law in a territory has established for contracts and their disposition are to be observed with the same effects in canon law insofar as the matters are subject to the power of governance of the Church unless the provisions are contrary to divine law or canon law provides otherwise, and without prejudice to the prescript of can CAN 1291 The permission of the authority competent according to the norm of law is required for the valid alienation of goods which constitute by legitimate designation the stable patrimony of a public juridic person and whose value exceeds the sum defined by law CAN Without prejudice to the prescript of can. 638, 3, when the value of the goods whose alienation is proposed falls within the minimum and maximum amounts to be defined by the conference of bishops for its own region, the competent authority is determined by the statutes of juridic persons if they are not subject to the diocesan bishop; otherwise, the competent authority is the diocesan bishop with the consent of the finance council, the college of consultors, and those concerned. The diocesan bishop himself also needs their consent to alienate the goods of the diocese. 2. The permission of the Holy See is also required for the valid alienation of goods whose value exceeds the maximum amount, goods given to Church by vow, or goods precious for artistic or historical reasons. 3. If the asset to be alienated is divisible, the parts already alienated must be mentioned when seeking permission for the alienation; otherwise the permission is invalid. 4. Those who by advice or consent must take part in alienating goods are not to offer advice to consent unless they have first been thoroughly informed both of the economic state of the juridic person whose goods are proposed for alienation and of previous alienations. CAN following: 1. The alienation of goods whose value exceeds the defined minimum amount also requires the 1º a just cause, such as urgent necessity, evident advantage, piety, charity, or other grave pastoral reasons: 2º a written appraisal by experts of the asset to be alienated. 2. Other precautions prescribed by legitimate authority are also to be observed to avoid harm to the Church. CAN An asset ordinarily must not be alienated for a price less than that indicated in the appraisal. 2. The money received from the alienation is either to be invested carefully for the advantage of the Church or to be expended prudently according to the purposes of the alienation. CAN The requirements of cann , to which the statutes of juridic persons must also conform, must be observed not only in alienation but also in any transaction which can worsen the patrimonial condition of a juridic person. 134

145 CAN Whenever ecclesiastical goods have been alienated without the required canonical formalities by the alienation is valid civilly, it is for the competent authority, after having considered everything thoroughly, to decide whether and what type of action, namely, personal or real, is to be instituted by whom and against whom I order to vindicate the rights of the Church. CAN Attentive to local circumstances, it is for the conference of bishops to establish norms for the leasing of Church goods, especially regarding the permission to be obtained from competent ecclesiastical authority. CAN Unless an asset is of little value, ecclesiastical goods are not to be sold or leased to the administrators of these goods or to their relatives up to the fourth degree of consanguinity of affinity without the special written permission of competent authority. 135

146 Diocese of San Bernardino DIOCESAN FACILITIES NEEDS EVALUATION COMMITTEE Attachment 24 FACILITIES NEEDS EVALUATION (rev. 03/09) To be completed by Episcopal Vicar and Pastor / Pastoral Coordinator / Principal Parish / School: Pastor / Pastoral Coordinator / Principal: Episcopal Vicar : 1. Describe (in detail) the proposed construction Project. 2. What is the estimated cost of the project? 3. How will the project be funded? 4. Does the parish have a recent demographic study? 5. Did the parish complete the Planning and Development checklist (attachment 32)? 5. Does the parish have a Diocesan approved Master Plan? If yes, when was it approved? Does the Master Plan reflect a 20 year plan? 6. How does the proposed project respond to the needs of the parish community? 136

147 7. Why is this project necessary? 8. Has the project been considered in light of long range Cluster, Vicariate and Diocesan planning? 9. Has there been consultation with: Date The Diocesan Director of Pastoral Planning? The Parish Pastoral Council? The Parish Finance Council? The parish community at large? The Pastors / Pastoral Coordinators in the neighboring parishes? 137

148 10. Is the proposed structure large enough: To accommodate future parish growth? To share with other parishes? To share with the civic community? 11. Pastor / Pastoral Coordinator / Principal comments: 12. Signature of Pastor / Pastoral Coordinator / Principal: Date: 13. Episcopal Vicar s comments and recommendations: 14. Episcopal Vicar s Signature: Date: 138

149 Attachment 25 Liturgical Subcommittee of the Diocesan Building Committee Policies for Design of new and renovated worship spaces for the Diocese of San Bernardino The purpose of the Liturgical Subcommittee of the Diocesan Building Committee is to review all plans for construction of new worship spaces and renovation of existing places of worship to ensure that these buildings conform to the principles for church building and renovation set forth in the Constitution on the Sacred Liturgy, revised General Instruction of the Roman Missal, revised Rite of Dedication of a Church and an Altar, various liturgical books and the Code of Canon Law, 1 as well as the policies and directives of the National Conference of Catholic Bishops and the Bishop of the Diocese of San Bernardino. Foundations In the reform and promotion of the liturgy, this full and active participation by all the people is the aim to be considered before all else. For it is the primary and indispensable source from which the faithful are to derive the true Christian spirit." Constitution on the Sacred Liturgy. (CSL):14 When churches are to be built, let great care be taken that they are well suited to celebrating liturgical services, and to bringing about the active participation of the people. CSL:124 For the proper construction, restoration, and remodeling of sacred buildings, all who are involved in the work are to consult the diocesan commission on the sacred Liturgy and sacred art. The diocesan Bishop, moreover should use the counsel and help of this commission whenever it comes to laying down norms on this matter, approving plans for new buildings, and making decisions on the more important matters. General Instruction of the Roman Missal (GIRM):291 The bishop is the high priest, the principal dispenser of the mysteries of God, and the director, promoter, and guardian of the entire liturgical life of the particular Church. Therefore, every authentic celebration of the liturgy is directed by the bishop, either in person or through the priests who assist him. Within the process of building or renovating a church, the diocesan bishop has an irreplaceable role and final responsibility. Built of Living Stones (BLS) 1 In the document, Built of Living Stones, prepared by the United States Conference of Catholic Bishops as guidelines for church building and renovation in the United States of America, the first basic principle for building or renovated churches is found in number 28: The church building is designed in harmony with church laws and serves the needs of the liturgy. 139

150 Introduction Parishes entering into the process of building or renovating a church are offered the opportunity for one of the most significant and formative experiences in the life of a parish community. Ideally, the process of building or renovating a church will result in the renewal of the living Church God s holy people, and a building that will provide the design and environment for the most glorious and joyful celebration of Eucharist and other liturgical prayer for years to come. As they begin, parishes will find in the Diocesan Policy Manual for Construction and Real Estate a most appropriate and helpful guide, essential reading before starting any building project. Built of Living Stones(BLS): The Guidelines of the National Conference of Catholic Bishops, is also an invaluable and strongly recommended resource. It provides basic liturgical and theological principles, with specific information about all aspects to be considered in the design of a worship space, including practical considerations. Additionally, Built of Living Stones, General Instruction of the Roman Missal, and other liturgical documents, as well as Canon Law, grant to the Diocesan Bishop discretion in several areas to determine Diocesan policy. 2 The following policies, specific to the San Bernardino Diocese, were determined by Bishop Gerald Barnes, in consultation with the Diocesan Construction and Worship Offices. The list is not exhaustive and is open to further development as needed. Policies: Diocese of San Bernardino 1. All plans for places of worship will be reviewed by the Liturgical Subcommittee of the Diocesan Building Commission. This group will forward recommendations to the Diocesan Building Commission. 2. There will be one tabernacle in a church. The blessed Eucharist is to be reserved habitually in only one tabernacle of a church or oratory. Canon All new churches will have a Eucharistic reservation chapel. Where possible, remodeled or renovated churches will have a Eucharistic reservation 2 Canon 835: The sanctifying office is exercised principally by Bishops, whoa re the high priests, the principal dispensers of the mysteries of God and the moderators, promoters and guardians of the entire liturgical life in the Churches entrusted to their care. Canon 838: 1 The ordering and guidance of the sacred liturgy depends solely upon the authority of the Church, namely, that of the Apostolic See, and, as provided by law, that of the diocesan Bishop. 2 Within the limits of his competence, it belongs to the diocesan Bishop to lay down for the Church entrusted to his care, liturgical regulations which are binding on all. 3 Normally, there should be only one place for reservation in each parish. This derives from the principle that the primary symbol of Christ is the altar. 140

151 chapel. 4 It is clear from this policy that this chapel is where the tabernacle will be located. 4. The Baptismal Font will be located inside the church building at the main entrance (IE, the entrance used by most of the people as they enter the Church), visible and accessible to all who enter the church building. Normally, the font will be centered, on axis with the altar to reflect the Christian s journey through the waters of baptism to the altar. Consideration will also be given to the relationship of the font to all sacramental celebrations and the importance of enabling effective ritual movement and the full, active and conscious participation of the entire assembly when these rites are celebrated All new churches will have kneelers. If possible, when churches without kneelers are renovated, kneelers will be installed Cry Rooms that separate children from other worshipers are not allowed in new or remodeled churches. Instead, Churches can explore acoustical options which make it possible for all the baptized, including children, to celebrate as one assembly. Other options may also be considered Candles for liturgical use should be made of a material that provides a living flame without being smoky or noxious." To safeguard "authenticity and the full symbolism of light," electric lights as a substitute for candles are not permitted. BLS Columns may be used in church buildings only if they do not hinder or obstruct the ability of anyone who is standing, kneeling or sitting to view and fully participate in the liturgical action at any given time during a liturgy. 9. a. Old church buildings which remain on a site can cause some confusion, since no parish may have more than one church building. To avoid confusion when a new church is built, and to assure that there is no question about which building is the church, all liturgical elements 4 The Diocesan Bishop may direct the parish to reserve the Blessed Sacrament in a chapel separate from the nave and sanctuary but integrally connected with the church and conspicuous to the Faithful. The placement and design of the chapel can foster reverence and can provide the quiet and focus needed for personal prayer, and it should provide kneelers and chairs for those who come to pray. BLS 77 5 In addition to the celebration of adult and infant baptisms, the ritual needs of weddings, funerals, confirmations, Penance, & Pastoral Care of the Sick all have essential relationships with baptism and the font. Font design and placement can have a tremendous impact on the ritual possibilities unique to each of these sacraments. 6 Kneelers or kneeling cushions should also be provided so that the whole congregation can easily kneel when the liturgy calls for it." BLS 86 7 Infants who as yet are unable or unwilling to take part in the Mass may be brought in at the ends of Mass to be blessed together with the rest of the community. This may be done, for example, if parish helpers have been taking care of them in a separate area. Directory for Masses With Children:16 141

152 are to be removed from the old church. 8 When a multi-purpose building that will be used as a church is constructed, there will be some cases where an existing church may remain as a temporary chapel for daily Mass and some other sacramental celebrations. These cases will be reviewed individually. 8 Celebrating a final Mass or a ritual Closing of the Old Church before removing all the liturgical objects offers the possibility for the parish to prayerfully transition from the old building to the new building. 142

153 Diocese of San Bernardino Authorization to Begin Construction Please Note: No construction work can begin without written (signed) recommendations to the Diocesan Bishop from the Chief Financial Officer and Director of the Office of Construction and Real Estate as well as written (signed) Authorization to Begin Construction from the Diocesan Bishop. 1. Description of Project: Date: Parish: City: Description of Project Pastor / Pastoral Coordinator: Cost: 2. Was the parish or school required to meet with any of the following committees or subcommittees? If so, what was the date of the meeting and was the project recommended to proceed toward construction? If the parish or school was not required to meet with the committees / subcommittees, was there a staff-level recommendation? Committee / Subcommittee Required to attend: Date of Meeting Recommendation to Proceed * Staff-level Recommendation Diocesan Facilities Needs Evaluation Committee: No Yes Yes No Yes No Diocesan Building Committee: No Yes Yes No Yes No Liturgical Subcommittee: No Yes Yes No Yes No School Subcommittee: No Yes Yes No Yes No Diocesan Financial Review and Loan Committee No Yes Yes No Yes No *Reason for staff-level recommendation: 3. Recommendation to proceed to construction: Director, OCRE Date Chief Financial Officer Date 4. Authorization To Begin Construction: Bishop, Diocese of San Bernardino Date 143 Attachment 26

154 Diocese of San Bernardino Authorization to Buy or Sell Real Estate Attachment 27 (To be completed by the Chief Financial Officer and the Director of the Office of Construction and Real Estate) Please Note: No real estate transactions can begin without written (signed) recommendations to the Diocesan Bishop from the Chief Financial Officer and Director of the Office of Construction and Real Estate as well as written (signed) Authorization to Begin Real Estate Negotiations from the Diocesan Bishop. 1. Proposed Real Estate Transaction: Buy Sell Date: Parish: Pastor / Pastoral Coordinator: Property Address: Description of Property: Cost: City: APN: Recommendation by OCRE Operations Manager: Yes Date No OCRE Operations Manager 2. Was the parish or school required to meet with any of the following committees or subcommittees? If so, what was the date of the meeting and was there a recommendation to buy or sell? If the parish or school was not required to meet with the committees / subcommittees, was there a staff-level recommendation? Committee / Subcommittee Required to attend: Date of Meeting Recommendation to Buy or Sell Staff-level Recommendation* Diocesan Facilities Needs Evaluation Committee: No Yes Yes No Yes No Diocesan Building Committee: No Yes Yes No Yes No Liturgical Subcommittee: No Yes Yes No Yes No School Subcommittee: No Yes Yes No Yes No Diocesan Financial Review and Loan Committee No Yes Yes No Yes No *Reason for staff-level recommendation: 3. Recommendation to buy or sell: Director, OCRE Date Chief Financial Officer Date 4. Authorization To Begin Real Estate Negotiations: Bishop, Diocese of San Bernardino 144 Date

155 ATTACHMENT 28 ADDENDUM 2 In addition to any other requirements set forth above, it is the intention of the Diocese of San Bernardino, hereinafter "Diocese", that the Contractor abide by the policies of the Diocese of San Bernardino Safe Environment Policy For the Protection of Children as it pertains to independent contractors. Accordingly,, hereinafter "Contractor", agrees to the following when the construction project involves a site where minors are present: a. Contractor and all Contractor s personnel that will be present on construction project site will be fingerprinted. b. A California Department of Justice background check will be performed on Contractor and all Contractor s personnel who will be present on construction project site. c. Contractor agrees to require all sub-contractors and the sub-contractors supervising personnel who will be present on construction project site to be fingerprinted. d. Contractor agrees to require a California Department of Justice background check from all sub-contractors and the sub-contractors supervising personnel who will be present on construction project site. e. Contractor agrees to install construction fencing that will provide a safe separation between minors and the construction project site. f. Contractor agrees to ensure there is no contact with minors by Contractor, Contractor s personnel, sub-contractors, sub-contractors personnel, and all other workers and delivery personnel. g. Contractor agrees to be responsible for all contractor s personnel and all subcontractors and subcontractors personnel pertaining to the Diocese of San Bernardino Safe Environment Policy For the Protection of Children h. Contractor agrees to furnish copies of the Diocese of San Bernardino Safe Environment Policy For the Protection of Children to all personnel required by this addendum. i. Contractor agrees to provide to the Diocese of San Bernardino all documentation pertaining to the above conditions. I hereby agree to the provisions set forth in Sections a - i of this Addendum. Contractor Date 145

156 Diocese of San Bernardino Authorization to Execute Real Estate Lease Attachment 29 To be completed by the Director of the Office of Construction and Real Estate and the Operations Manager. Please Note: No real estate lease can be executed without written (signed) recommendations to the Pastor, Administrator or Department Head from the Director and the Operations Manager of the Office of Construction and Real Estate as well as written (signed) Authorization to Real Estate Lease Agreements from the Pastor, Administrator or Department Head. 1. Proposed Real Estate Lease Date: Parish: Pastor/Pastoral Coordinator: Property Address: Description of Property: Terms: Comments: 2. Recommendation by OCRE Operations Manager to Lease Property Yes No Operations Manager, OCRE Date 3. Recommendation to Lease Director, OCRE Date 4. Authorization to proceed with Lease Agreements Pastor/Director Date 146

157 Diocese of San Bernardino OFFICE OF CONSTRUCTION AND REAL ESTATE AFFIDAVIT OF RESPONSIBILITY I,, under penalty of perjury, do declare as follows: 1. That I have no record of prior accusations or convictions for sex, violent, or felonious drug crimes. 2. The acceptance of the affiant to the Diocese of San Bernardino construction projects is contingent upon the documented absence of any criminal or other record related to sex, violent, or felonious drug crimes. 3. To the extent that there is any background relevant to sex, violent, or felonies drug crimes, affiant has sworn under penalty of perjury that he or she will provide such information to the Diocese of San Bernardino to allow the Diocese to make an independent determination that the affiant is fully able and likely to function in a fashion consistent with the policies, ideas, missions, and objectives of the Diocese of San Bernardino. I declare under penalty of perjury and the laws of the State of California that the forgoing is true and correct and that if called to testify I would do so state and completely testify thereto. Executed this day of in the Year. Affiant Attachment

158 Attachment

159 Diocese of San Bernardino Department of Planning Planning and Development Checklist DATE: PARISH/SCHOOL//FACILITY Entity COMPLETED BY: / TITLE: Print Name Signature Instructions: This form to be completed by: the Pastor/Pastoral Coordinator/ Administrator in collaboration with the Parish leadership. NOTE: The reference pages below are the page numbers in the Policy Manual for Construction and Real Estate. A. PARISH PLANNING YES NO / Comments 1. Do you have a Pastoral Care Plan? If yes, please attach a copy. (See Pages 4 and 15) 2. Do you have a 3-5 year Strategic Plan? If yes, please attach a copy. (See Pages 4 and 15) 3. Do you have or have you recently revised your Parish Mission Statement? If yes, please attach a copy. (See Pages 4 and 15) 4. Have you met with the Director of Pastoral Planning regarding any of the above? B. PASTORAL COUNCILS / COUNCIL DEVELOPMENT 1. Do you currently have a Pastoral Council? (See Pages 15-17) 2. Do you currently have a Parish Council? 3. Do you currently have a Finance Council? (See Pages 15 and 16) 4. Do you currently have an Ethnic Council? (i.e. Hispanic, Vietnamese, Filipino, etc ) C. CONSTRUCTION 1. Do you have a parish Master Plan? (See Page 21 and Pages 53-56) a. Has it been recommended for approval by the Diocesan Building Committee (DBC)? 2. Do you have a copy of the Policy Manual for Construction and Real Estate? 3. Is the parish currently doing any construction? a. Do you anticipate any new construction? b. Do you anticipate any remodeling? c. Has the Office of Construction & Real Estate been notified? 4. Do you have modular buildings on site? (See Page 83) a. Are you planning to purchase/sell? b. Have you contacted the Office of Construction & Real Estate? c. Do you have the Bishop s approval? D. REAL ESTATE 1. Do you have any parish leases? (See Page 83) a. Are they current? b. Are they Diocesan leases? Planning and Development Checklist Attachment 32 Page 1 of 2 149

160 Diocese of San Bernardino Department of Planning Planning and Development Checklist c. Have the leases been signed by the proper authorities? 2. Do you have parish vehicles? (See Page 84) a. Are they registered under The Roman Catholic Bishop? (IMPORTANT! See Page 84) b. Do you have any parish vehicles registered under any other name? c. Are they insured? d. Is the title on file with the Office of Construction & Real Estate? (See Page 84) 3. Are you planning to purchase any Real Estate? (See Page 81) a. Has the Bishop approved the purchase? b. Have you contacted the Office of Construction & Real Estate? 4. Are you planning to sell any Real Estate? (See Page 82) a. Has the Bishop approved the sale? b. Have you contacted the Office of Construction & Real Estate? 5. Do you have a cell tower on site? (See Pages 87-89) a. Do you have the Bishop s approval? b. Have you been approached by a cell tower representative (T-Mobile, Verizon, etc?) c. Have you notified the Office of Construction & Real Estate? 6. Are your exemptions current? (See Page 4) a. Have you notified the Office of Construction & Real Estate of any property changes in use? Pastor/Principal/Supervisor Review: (Signature & Date) Planning and Development Checklist Attachment 32 Page 2 of 2 150