Friday, April 22, 2011

NoMa West Construction Issues

Advisory Neighborhood Commission 5C
Single Member District 5C05

April 22, 2011
Dear Resident,

It has been brought to my attention that several homes in close proximity to the NoMa West project, located at Eckington Place and Harry Thomas Way, are being adversely affected by the large construction vehicles traveling throughout the neighborhood to access the site. This along with several complaints of early start times has prompted me to investigate the complexity and extent of construction related problems in the community so they can be immediately resolved.

During the PUD amendment process the developer and Advisory Neighborhood Commission 5C agreed to a construction management plan that gives specific guidelines for work hours and construction traffic. The Developer is well aware of these guidelines and should be instructing the workers to abide by them at all times. A copy of the construction management plan is attached.

If you have concerns or questions related to the construction on this site please notify me immediately.
Tim Clark
Commissioner, 5C05

October 2,2007

NoMa West Residential I, LLC (the "Applicant") seeks to mitigate any adverse impact
on the surrounding neighborhood resulting from construction activity related to the Applicant's
plans to construct a planned unit development consisting of approximately 600 residential units
at the corner of Harry Thomas Way and Eckington Place (the "Project").
1. Communication.

a. Neighborhood Contact Person. The commissioner for Advisory Neighborhood
Commission 5C05 (the "Neighborhood Contact Person"), shall represent the surrounding
community during construction of the Project. In the event that the seat for said single member
district is vacant, the chairperson for Advisory Neighborhood Commission 5C (the "ANC"),
shall serve as the Neighborhood Contact Person during the construction of the Project. The
name and telephone number of the Neighborhood Contact Person shall be conspicuously posted
on the Applicant's property, and shall be readily available to members of the community. The
Neighborhood Contact Person shall be available to receive complaints or other communications
from the community regarding the construction of the Project and disseminate information from
the Applicant and/or Applicant's Representative to the community. The Neighborhood Contact
Person shall have the pertinent contact information for the Applicant's Representative (described
below), including cell numbers and beeper numbers, as appropriate, and contact information in
case of emergency during hours in which no construction activity is occurring.
b. Applicant's Representative. The Applicant shall designate a representative
("Applicant's Representative") to be the key contact for the ANC and the Neighborhood
Contact Person during construction of the Project.
The Applicant's Representative shall have a local office and shall be accessible during
business hours via telephone (including voicemail), email, letter or facsimile to receive
complaints or other communications from the Neighborhood Contact Person or the ANC during
construction of the Project. The name and telephone number of the Applicant's Representative
shall be conspicuously posted on the Applicant's property and shall be readily available to
members of the community.

c. Duties of the Applicant's Representative. The Applicant's Representative or
his/her designee shall coordinate with the Neighborhood Contact Person to answer questions and
receive comments about the site activities, address any concerns members of the community
might have throughout the construction process, and the Applicant's Representative shall have
authority to promptly remedy violations of this Development and Construction Management
Plan and enforce its provisions. The Applicant's Representative or his/her designee shall:

(i) receive notice of violations of this Development and Construction
Management Plan from the Neighborhood Contact Person;

(ii) respond as soon as possible to the Neighborhood Contact Person regarding
any reported violations of this plan;
October 2,2007

(iii) act to remedy the violation within a reasonable time period and based on
the severity of the alleged violation; and

(iv) advise the Neighborhood Contact Person within a reasonable time period
of the remedy and time frame for curing the violation(s).

d. Resume Bank. The Applicant's Representative and/or the Neighborhood Contact
Person shall maintain a resume bank for members of the community to submit resumes for
potential employment on this Project and future projects of the Applicant in the District of
Columbia and surrounding jurisdictions. The Applicant encourages the submission of resumes
of architects, project managers, and other real estate professionals, in addition to resumes of
tradesmen and construction workers.

2. Construction. The Applicant shall require its personnel and vendors, including supply
and service vendors, comply with all applicable District of Columbia Municipal Regulations
relating to hours of work, noise, dirt, trash, and public health and safety. The following is a
discussion of construction-related issues and shall be binding on the Applicant, its subcontractors
and any successors and/or assigns of the Applicant.

a. Permits. The Applicant shall secure all permits required to complete the Project.
All plans and permits shall be on-site, as required under the District of Columbia Construction

b. Site Management.

(i) The Applicant shall erect and maintain construction fencing and
barricades in order to secure the site during construction. The Applicant
and its contractors shall work with the Department of Consumer and
Regulatory Affairs to maintain temporary storm water management
systems throughout the Project's construction, until such time as the
permanent facilities are constructed, approved and functioning such that
there are no adverse water impacts on the adjacent neighborhood.

(ii) The Applicant shall maintain a low-level of security lighting on its
Property during the construction of the Project. These lights shall be
sufficient to provide necessary security and to comply with federal and
municipal safety standards.

(iii) Subject to District of Columbia approval, the Applicant shall attempt to
locate the construction trailer(s) so as to minimize impacts on adjacent

c. Cleanliness. The Applicant shall remove rubbish and construction debris from its
property on a routine basis during the construction of the Project. In addition, the Applicant shall
monitor and police the construction site to ensure cleanliness of the site. All excavation or back
fill trucks shall be covered before proceeding from the Applicant's property onto city streets.
Portable latrines shall be located to minimize impacts upon adjacent properties.
October 2, 2007

d. Work Hours.
(i) The normal construction work week shall be Monday through Friday,
from 7:00 a.m. until 7:00 p.m., Saturday from 8:00 a.m. until 4:00 p.m.,
and on a limited basis as required to meet development schedules on
Sunday from 9:00 am until 2:00 pm. All trucks for delivery of materials,
construction or otherwise, shall arrive, depart and operate on the
Applicant's property only during the foregoing hours. There shall be no
queuing of construction related vehicles or arrival of workers more than
thirty (30) minutes prior to stated work hours,

(ii) The Applicant shall make good faith efforts to limit work that is likely to
disturb the residents of the adjacent neighborhoods to weekdays, except
where limitations on work during the week require work on Saturdays and
Sundays to meet the requirements of construction teams for a 40-hour
work week or to maintain the Project's development schedule.

(iii) The Applicant shall not permit any activity on the Applicant's property
that requires the movement of heavy vehicle traffic or other significant
traffic, to or from, the Applicant's property or which generates sound
levels in excess of sixty decibels (60 db) or otherwise is likely to
significantly disturb the residents of the adjacent neighborhoods prior to
7:00 AM or after 7:00 PM on weekdays and prior to 8:00 AM or after 4:00
PM on weekends.

e. Contractors and Subcontractors. The Applicant shall require that all
contractors and subcontractors and vendors doing business on the Project be contractually
required to follow the terms of, and comply with, the policies set forth in this Development and
Construction Management Plan.

f. Traffic, Loading, and Parking.
(i) Truck queuing and routing shall be coordinated with the District
Department of Transportation and adjacent property owners.

(ii) The Applicant shall use its best efforts to ensure that construction related
traffic does not travel on R, Quincy, or Q Streets N.E. (not including the
future Q Street Extension) or impede rush hour traffic on Eckington Place
and Florida Avenue. A flagperson shall be assigned to expedite
movement of construction related traffic if any consistent traffic backups
occur on any of these streets.

(iii) No construction vehicles shall be parked on the surrounding residential

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