UPSIDE Foods
6201 Shellmound Street
Emeryville, CA, 94608
September 16, 2024
Subject: Request for Waiver of Noise Ordinance for Essential Construction Activities Dear Members of the City Council,
I am writing to respectfully request a waiver of the noise ordinance to allow critical construction activities at 6201 Shellmound St. over the course of up to nine weekends between November 2024 and January 2025, with the possibility of an additional six weekends extending into February 2025. These activities are essential for the timely installation of large, specialized equipment that is crucial to the success of our project.
The weekend activities outlined below represent our best estimate of the work expected to be performed on those days.
While our construction project is anticipated to stay on schedule, we are making every effort to build in flexibility due to the uncertainties of certain project tasks, particularly those dependent on overseas deliveries. We understand that delays in international shipping can occur, and we are proactively planning to accommodate these potential disruptions to ensure the project’s timely completion. As a result, the timeline may shift slightly, with some work potentially occurring earlier or later, or there may be fewer weekends required than currently planned. However, these requests reflect the maximum weekend work we anticipate. As we approach the scheduled dates, we can provide updates if any adjustments need to be made.
1. Pit Construction Completion (November and December)
Timeframe Up to 5 weekends November and December.
1. November 2 & 3. Mat Slab reinforced steel and embed installation.
2. November 9 & 10. Pour pit mat slab & sump pit.
3. November 16 & 17. Reinforce & form Pit Walls.
4. November 23 & 24. Reinforce & form Pit Walls.
5. December 7 & 8. Strip & Sack walls and pour concrete at pit perimeter. Deliver & Install CIP Equipment from Shellmound St.
On each day, setup will begin around 8 am, with work starting at 9 am. Workers will finish at 6 pm and leave by 7 pm.
Upsidefoods.com
Confidential & Proprietary
Exhibit A
Justification The concrete pit must be completed in advance of receiving large bioreactors, currently estimated to arrive in late-December. Completing this pit is essential to ensure the timely and secure delivery of the bioreactors and associated platforms.
Type of work
conducted and
equipment used
This phase may involve the use of heavy equipment, including a spider crane, concrete trucks & pumps for pouring, and dump truck offhaul.
Within our facility, we operate sensitive process equipment that requires strict control over vibrations. As a result, any vibrations from construction activities are already carefully managed and are not expected to exceed the levels typically caused by vehicles driving inside the garage.
This ensures minimal impact on surrounding residents.
Anticipated noise will be minimal and related to truck movement, beeping, engines idling, and concrete pouring.
Location of work Work will take place inside the building, primarily in the center and southeast areas. Equipment will be transported through the construction entrance on Shellmound St.
People Involved Up to 28 workers will be on-site for this phase, parking in the 6201 Shellmound St. garage and entering via the construction entrance.
2. Equipment Rigging, Unloading, Setting and Anchoring (December and January) Timeframe Up to 4 weekends in December and January for rigging, unloading, setting, and anchoring of heavy equipment.
1. December 21 & 22. Delivery of bioreactors. Crane set up, bring bioreactors into building via Shellmound, and set in place. Given the continuous duration of this work, we request 9am-7pm both days.
2. December 28 & 29. Demobilize rigging equipment via Shellmound.
3. January 4 & 5. Install scaffolding in pit. Mobilize rigging equipment. Delivery of bioreactor platform modules via Shellmound. Install bioreactor platform modules.
4. January 11 & 12. Remove scaffold platform used for bioreactor pit platform install.
Welding of platform decking & railings.
On December 21 & 22, set up will begin at 8am with work starting at 9am; workers will finish at 7pm and leave by 8pm. On the other weekends, setup will begin at 8 am, with work starting at 9 am; workers will finish at 6 pm and leave by 7 pm.
Upsidefoods.com
Confidential & Proprietary
The sequence of activities and durations will be the same regardless of when the equipment is delivered, however the exact start date may shift. We will have roughly two weeks of advance notice for when we expect delivery to occur, and when these four weeks of work will begin.
Justification The equipment, including large bioreactors, will be delivered from overseas and is expected to arrive between mid-December and early January. Due to uncertainties related to customs clearance and the holiday season, the exact delivery date is currently unknown. ● The equipment is both heavy and sensitive, requiring immediate unloading and placement upon arrival to avoid damage or delays.
● We will have at least 24hr notice from when the equipment clears customs to when it will be delivered to our site.
Given the heavy weight of the equipment, it is crucial that the equipment is seismically anchored as soon as it is set. Failure to do so is a safety risk to all the personnel on site and could result in damage to the building, surrounding areas, and may pose risks to public safety.
Type of work
conducted and
equipment used
Unloading the bioreactors along Shellmound St. is expected to take approximately 20 hours (two 10-hour days), utilizing cranes and gantries, and unloading the platform will take an additional 40 hours (in total, five 8-9 hour days) using similar equipment.
The process outlined below must proceed without interruption to ensure safety. Due to the equipment's weight, it cannot be temporarily staged on the existing slab and must be placed in its final location immediately after offloading. Once upright, it needs to be seismically anchored without delay to prevent any risks to the building and surrounding areas. This effort will be repeated the next day for the second item. If the equipment is delivered on a weekday, then this work will take place during normal allowable construction timeframes.
Exterior activities:
● Crane set up on Shellmound St (1-2hrs)
● Equipment picked off truck (2hrs)
● Crane disassembled (1-2hrs)
● Equipment transported from street to interior of building (30mins) Interior activities:
● Equipment transported to gantry set up (30mins)
● Equipment rigged, up-righted and set into final location (2-3hrs) ● Equipment anchored by welding each leg to the base plate (2-3hrs) Upsidefoods.com
Confidential & Proprietary
Anchoring the equipment will involve shimming the bioreactor legs and welding each foot to the embed plates. Welding, which will occur within our building, is expected to take 40 hours (8-9 hour days) and will involve stainless-steel welding and the use of large fans for ventilation through the exterior doors.
Anticipated noise includes vehicular movement, engines idling, verbal coordination and general mild noises.
Revisions to our encroachment permit (ENC2024-0066), including traffic and safety control plans, will be submitted for city review at least two weeks in advance.
Location of work Work will occur inside the building’s center and southeast areas. Equipment will be transported in and out through the Shellmound St. entrance.
People Involved Up to 30 workers will be involved in this phase, parking in the 6201 Shellmound St. garage and entering via the construction entrance.
3. Equipment Installation (January and February)
Timeframe Up to 6 weekends in January and February for interior equipment installation.
1. January 18 & 19. Install epoxy coating on bioreactor pit floor & walls.
2. January 25 & 26. Assemble, install/connect, mechanical/electrical/plumbing to bioreactors, piping racks, and modules.
3. February 1 & 2. Assemble, install/connect, mechanical/electrical/plumbing to bioreactors, piping racks, and modules.
4. February 8 & 9. Assemble & install
mechanical/electrical/plumbing/controls/pneumatic connections to bioreactors, piping racks, and modules.
5. February 15 & 16. Assemble & install
mechanical/electrical/plumbing/controls/pneumatic connections to bioreactors, piping racks, and modules.
6. February 22 & 23. Assemble & install
mechanical/electrical/plumbing/controls/pneumatic connections to bioreactors, piping racks, and modules.
On each day, setup will begin around 8 am, with work starting at 9 am. Workers will finish at 6 pm and leave by 7 pm.
Upsidefoods.com
Confidential & Proprietary
Justification The installation process will be facilitated by a team of experts from the overseas manufacturer whose expertise is essential for the successful and timely completion of the installation. Their time here is limited as a result of their visa requirements, is costly and keeps them away from their families. Expediting the installation enables them to return home sooner and remain compliant with their visa.
Type of work
conducted and
equipment used
The installation will involve welding, the use of basic hand tools for bolting and wiring, and the operation of forklifts and personnel lifts to maneuver materials.
Anticipated noise will be minimal and not discernible from the street.
Location of work Work will be confined to the center and southeast areas of the building, with no entry or exit through the construction entrance. However, doors along Shellmound St. will be open for ventilation.
People Involved Up to 33 workers will be on-site during this phase, parking in the 6201 Shellmound St. garage and entering via the construction entrance.
Minimizing Impact on the Community: We are committed to minimizing any potential disruptions to the community and will ensure that all work is conducted in compliance with safety standards and city regulations. We believe that the requested waiver will allow us to complete this important project efficiently and safely, while also limiting any undue inconvenience to residents and businesses.
We appreciate your consideration of this request and are happy to provide any additional information or clarifications needed to assist in your decision.
Sincerely,
Brett Salmon
Senior Director of Operations, UPSIDE Foods
303-518-4237 | [email protected]
Upsidefoods.com
Confidential & Proprietary
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5663 (supersedes 5632)-0314-L8 9
Link‐Belt Cranes HTC‐8660 II
General Dimensions
EPA 2013
10' 5.69”
(3.19m)
Deck Height
4' 8.16” (1.43m)
4.50”
(0.11m)
Turning Radius English Metric
Wall to wall over carrier 44' 1” 13.4m
Wall to wall over boom 45' 6” 13.9m
Wall to wall over boom attachment 46' 11” 14.3m
Centerline of tire 38' 7” 11.8m
Tail Swing English Metric
With counterweight 12' 8.5” 3.9m
Without counterweight 12' 5.25” 3.8m
Ground Clearance
11.04” (0.28m)
6' 6.81”
(2.00m)
15°
5' 6.00”
(1.68m)
43' 6.55”
(13.27m)
35' 7.49”
(10.86m)
7' 9.29” (2.37m)
Full Retraction
14' 1.75” (4.31m)
Intermediate Extension
20' 6.23” (6.25m)
Full Extension
13.83”
(0.35m)
23.12”
(0.59m)
9.56”
(0.24m)
18°
13.56”
(0.83m)
C of Rotation L
5' 8.20”
(1.73m)
1' 1.28”
(0.34m)
9' 11.63”
(3.04m)
9' 10.69”
(3.02m)
1' 8.59”
(0.52m)
5' 1.86”
(1.57m)
8' 0.51”
(2.45m)
4' 2.00”
(1.27m)
14' 8.27”
(4.48m)
Wheel Base
19' 3.22” (5.87m)
5' 0”
(1.52m)
5' 0.85”
(1.55m)
1' 5.06”
(0.43m)
10' 11.88”
(3.35m)
10' 10.94”
(3.33m)
Created with 3D Lift Plan www.3dliftplan.com
Crane
Link-Belt HTC-8660 Series II
100' Main Boom Only (Mode B) at 58.1°
Base: 100% Outriggers
Counterweight: 15,100 lbs
50' Lift Radius (360°)
Crane Capacity at 50' = 14,100 lbs
Load
Load Line 100 lbs
Hook 400 lbs
Rigging 160 lbs
Total Rigging Weight 660 lbs
Load 9,500 lbs
Total Load 10,160 lbs
72% of capacity
Sling Tension: 5,577 lbs
9/5/2024
Title Lift Plan
Project Upside Foods
Customer Lloyd Aubry
Description 2024
Drawn By Ted Sanchez
Not issued for construction. For pre-planning only. Grid: 10' x 10' 9/5/24, 3:59 PM 3D Lift Plan
https://www.3dliftplan.com/Print/LiftPlan.aspx 1/1
Load Chart
Project Upside Foods
Customer Lloyd Aubry
Description 2024
Link-Belt HTC-8660 Series II
Boom: Main Boom Only (Mode B)
Jib: -
Base: 100% Outriggers
Counterweight: 15,100 lbs
Range: 360°
Capacity: 85% Cap
Chart ID: D11P1992
Boom Section
Percentages
Boom Length
(ft)
Boom Angle
Jib Length
(ft)
Jib Offset
Tip Height
(ft)
Lift Radius
(ft)
Capacity
(lbs)
Note
87-87-87 (Mode B) 100 74° - - 105.2 25 24,000
87-87-87 (Mode B) 100 71° - - 103.5 30 22,600
87-87-87 (Mode B) 100 67.9° - - 101.5 35 20,100
87-87-87 (Mode B) 100 64.7° - - 99.2 40 18,000
87-87-87 (Mode B) 100 61.5° - - 96.5 45 16,200
87-87-87 (Mode B) 100 58.1° - - 93.5 50 14,100
87-87-87 (Mode B) 100 54.7° - - 90 55 11,800
87-87-87 (Mode B) 100 51° - - 86 60 10,100
87-87-87 (Mode B) 100 47.1° - - 81.5 65 8,600
87-87-87 (Mode B) 100 43° - - 76.3 70 7,400
87-87-87 (Mode B) 100 38.5° - - 70.2 75 6,300
87-87-87 (Mode B) 100 33.4° - - 63 80 5,400
87-87-87 (Mode B) 100 27.6° - - 54.1 85 4,600
87-87-87 (Mode B) 100 20.1° - - 42 90 4,000
87-87-87 (Mode B) 100 8.8° - - 22.9 94.5 1,600
This data is for reference use only. Operator must refer to in-cab charts to determine allowable lifting capacities. 9/5/24, 3:59 PM 3D Lift Plan
https://www.3dliftplan.com/Print/PrintLoadChart.aspx 1/1