Fair and open process for Special Assessment sign now

Questions/ Concerns on special assessment

WHY HAS THE BOARD OF DIRECTORS NOT SHARED PERTINENT INFORMATION WITH HOMEOWNERS ON HOW THEIR FUNDS ARE BEING SPEND IN THE SPECIAL ASSESSMENT WORK AND FOLLOW A FAIR AND OPEN PROCESS IN AWARD OF CONTRACT TO VENDORS


1. F.L. Arms Bid Invitation Document :
a. Did the BOD or any homeowner review and approve the Bid Invitation developed and send out by F.L. Arms on behalf of Moraga Terrace HOA for the special assessment work? If not, why?
b. What is the justification of the special condition, section 1.4, page 12? ("Contractor is disallowed to talk to owner even if communication is initiated by owner" !)
c. What is the guarantee required by us from F.L.Arms and/ or the contractor/ sub-contractor on the quality of work?
d. What is the late penalty (for F.L. Arms and for contractor) for delay in completion of work not caused by owner?
e. What is the provision for certification from an independent third party on the quality of work and to the fact that the repairs did indeed remediate the risk from an earthquake (based on deficiencies noted by Tipping-Marr+Associates)?
f. It is noted that the plans, details and specifications are required to be submitted to the city for permitting and for construction. Considering the plan to start project from Sept 11, where are we on this process and who is responsible for this ?

2. Tipping-Marr+Associates Structural Evaluation and conceptual seismic upgrade study :
a. When were Tipping-Marr+Associates hired ?
b. What were the selection criteria ?
c. What other structural engineers were considered and what qualified Tippin-Marr+Associates over others ? If no other structural engineers were considered, why not ?
d. If their report was received only on July 26, 2005 how were their inputs/ recommendations incorporated in the bid invitation by F.L.Arms which was send out earlier ?
e. What will be the process of prioritizing the repair work in scope based on the High, Medium etc classification by Tipping-Marr+Associates ?
f. If we engaged a structural engineer for the seismic assessment then why was it not done before the voting ?
g. If F.L.Arms was not adequately qualified to recommend the seismic upgrades and we had to recruit the services of a structural engineer to assess the seismic repair requirements, then on what basis did the BOD communicate to the homeowners that the seismic repairs were required urgently and put the special assessment for vote ?
h. The report clearly states that they are no mandatory regulations and it is completely voluntary for the Moraga Terrace HOA to undertake the repairs. Which one of the recommendations of Tipping-Marr+Associates is in scope of the repairs in the bid invitation by F.L. Arms? Why are "medium" level risk items in scope of the repairs?
3. Onus on BOD/ Bay Area Property Services (BAPS)/ F.L.Arms to establish independence from any vested interest and conflict of interest/ corruption in award of contracts
a. As homeowners we demand that a declaration (used by reputed organizations that are committed to a fair and ethical procurement process) will need to be mandated to be signed under penalty of perjury by the selected contractor, F.L. Arms and BAPS to establish their independence/ non-conflict of interest with the BOD for highest levels of ethics in disbursement of considerable sums of money as contracts are being awarded. If the contract is awarded without establishing this control, the suspected ethics violations would be apparent and subject to criminal proceedings.

4. (a) What options were considered for performing the work ? (b) Please share detailed documentation of the options considered.

5. What analysis was done to compare and conclude that a fix it all now approach is more effective than fix it when necessary option (considering that the construction costs are currently very high due to increased demand for reconstruction work from Katrina and other natural disasters and that there is still not a government mandate to carry out earthquake repairs and most of the hospitals and office buildings throughout California are not earthquake retrofitted yet)?

6. (a) Are some buildings more impacted than others ? (b) Which buildings are most impacted currently ? (c) Are any of the board of directors residents of the buildings most impacted ?

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Lydia DelgadoBy:
Justice, rights and public orderIn:
Petition target:
Board of Directors of Moraga Terrace HOA, District Attorney, Mayor

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