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Exhibit A to Resolution - Waiver Request

Emeryville City Council
September 3, 2024

Document
Exhibit A to Resolution - Waiver Request
Meeting
September 3, 2024
Body
Emeryville City Council
Original file
798 KB
Text extracted from the city's file for reading and search. Open the original on emeryville.legistar1.com. That file is the official record.

City of Emeryville June 24th, 2024
1333 Park Avenue, Emeryville, CA
Attn: Mr. Chad Smalley
Community Development Director
Re: Nellie Hannon Gateway
Request to work Saturdays
Dear Mr. Chad Smalley,
We hope this letter finds you well. Resources for Community Development (Non-Profit Developer) and J.H. Fitzmaurice, Inc. (General Contractor) are requesting permission to work Saturdays at the Nellie Hannon Gateway development project located at 1048 36th Street provided as follows:

1. Hours and days of work requested
We are requesting permission to work Saturdays from September 2024 through May 2025. Saturday work will only take place between 8AM and 5PM. On a weekly basis, J.H. Fitzmaurice will notify the City whether work is taking place that Saturday.

2. Type of work to be conducted
Saturday work will only cover critical work needed to ensure construction completion by the end of May 2025. It may include:
 Structural metal stud framing
 Roofing as well as installation of mechanical systems, solar panel PV system and exterior building maintenance anchors and tiebacks
 Exterior siding work such as lath, stucco, waterproofing, steel panels, siding, paint, and pavers at courtyard elevation (which is not visible from street elevations)  Interior work such as drywall, taping, texturing, painting and interior trim finishes, flooring, and cabinet installation
There will be no deliveries of any kind during these Saturday work hours. No public work or street improvement work will be conducted. Also, all tools and equipment used during Saturday work will not generate significant noise and will comply with Chapter 13 NOISE policy per City of Emeryville.

3. Type of equipment to be used
Hand tools will be used. Occasional use of mixer for paint, texture, stucco will be used as required. All noise generated from equipment being used will comply with Chapter 13 NOISE policy per the City of Emeryville.

4. Location of the work
Work would primarily take place at the interior of the building with occasional work at the courtyard and exterior elevations as noted in section 2 above. No public work or street improvement work will be conducted.

5. Why the waiver is needed
We are requesting this waiver to maintain the contract construction completion date of May 30, 2025, and potentially accelerate project delivery.

J.H. Fitzmaurice, Inc.

License No. 111689
GENERAL CONTRACTORS/CONSTRUCTION MANAGERS 2857 Hannah Street Oakland, CA 94608-4019 Tel (510) 444-7561
7/1/2024
Exhibit A
Due to unforeseen conditions associated with the removal of existing PG&E overhead power lines at 37th Street, the timeline to complete the framing and exterior work on several units on the 37th Street side has been delayed. Because OSHA safety standards require scaffolding to be ten feet away from energized overhead lines, this work is not able to advance until the high voltage power lines are relocated. In order to minimize delays related to this challenge, J.H. Fitzmaurice and RCD are seeking permission to work Saturdays to prioritize critical path scopes of work that impact the overall schedule.

RCD is a non-profit affordable housing developer. Any delays to the delivery of completed affordable housing units will create a cost burden that could impact the financial feasibility of the development. This is due to the high construction loan interest environment and high builders risk insurance premiums, among other factors.

Additionally, we do not want to delay delivery of these critically-needed affordable apartments, nearly half of which are reserved for unhoused people with severe mental health needs, or the new ground floor space for the Emeryville Citizens Assistance Program (ECAP).

Permission to work certain Saturdays would better ensure that this critical affordable housing and community resource will be delivered on time.

6. Contacts
Kyan Hakimi
Vice President / Project Manager, J.H. Fitzmaurice, Inc.

Tel: (510) 774-5871
Email: [email protected]
Jake Rosen
Senior Project Manager, Resources for Community Development Tel: (510) 841-4410 x329#
Email: [email protected]
Thank you for your time and we appreciate your consideration of this request.

Regards,
Kyan Hakimi and Jake Rosen

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