Testimonial: CC Myers (Dixon Landing/880 project in Fremont, CA)

March 27, 2003
Aqua Dam/Water Structures Unlimited
35 Church Lane, P.O. Box 206
Carlotta, CA 95528

             RE:
            Contract No. 04-285524
            Rte 880/Dixon Landing
            Job 200

Attention: Mr. David Doolaege
Subject: 12' Aqua Dam @ Penitencia Creek

Mr. Doolaege,

I want to thank you and your company for the use of your products on the Dixon Landing/880 project in Fremont, CA. Your company installed a 12'x120' AquaDam downstream of our work area in Penitencia Creek to control tidal waters from entering our work area and a 4'x7O' Aqua-Dam upstream of our work area to control creek flows. Through the use of diesel pumps we were able to divert the creek flow through our work area and into the creek downstream.

The installation and removal of the AquaDams was fast and easy, saving the project both time and money. Once the AquaDams were in place there was little or no infiltration of water into our work area. I would recommend this product to any contractor who is working in or around waterways as an alternative to conventional methods of damming or controlling the flow of water. We look forward to doing business with you in the future.

If you have any questions I can be contacted at (916) 635-9370.

Sincerely,

Shane Dees
Project Manager

STATE OF CALIFORNIA – BUSINESS, TRANSPORTATION & HOUSING AGENCY Gray Davis, Governor
DEPARTMENT OF TRANSPORTATION - DISTRICT 04
21030 Redwood Road
Castro Valley, CA 94546
Office: (510) 249-1560
Fax: (510) 249-1571

June 25, 2002

Contract- 04-285521
04-ALA,SCL-880-RO.O/RO.7,
15.3115.9
ACNHI-880-1(047)1 1 N
L-0246D

Bay Cities Paving & Grading Inc.
P.O. Box 6227
Concord, California 94524-6227

Attention: Jack Wu - Project Manager
Subject: Penitencia Creek Diversion (Bay Cities Letter No. 3030,452)

Dear Mr. Wu;

The State has reviewed Bay Cities proposed changes to the approved Penitencia Creek diversion system. The requested modifications are denied. The original design was based on a maximum seasonal flow (April 15 to October 15) of 376 CFS as determined from data provided by the Santa Clara Valley Water District. The proposed changes are not capable of handling this predetermined volume

The State welcomes the creative ideas of the Contractor. However, in addition to technical shortcomings of the proposed design, the original diversion was reviewed and approved by several jurisdictional agencies, which include, but are not limited to SCVWD and the Department of Fish and Game. Given the accelerated pace of this project, and the need to begin this work in the next few weeks, the possibility of completing the review and approval process within a time frame suitable to the needs of the project is unrealistic.

If you have any questions, please feel free to call me at 510-249-1560.

Sincerely,

Mohammad Suleiman
Resident Engineer

July 22, 2002

Contract: 04-285524
04-ALA,SCL-880-R0.0/RO.7
15.3/16.9
ACNHI-880-1(047)11N
L-0268D

Bay Cities Paving & Grading Inc.
P.O. Box 6227
Concord, California 94524-6227

Attention: Jack Wu - Project Manager
Subject: Revised Penitencia Creek Diversion Plan (Bay Cities' Letter No. 3030-465)

Dear Mr. Wu;

The State has reviewed the proposed revisions to the Penitencia Creek diversion with the required jurisdictional agencies, and the revisions are approved contingent on the following:

1)         Two eight (3) inch diesel pumps are used and maintained in conformance with the
            approved SWPPP.
2)         The height of the down stream dam is maintained at the original plan height.
3)         The system is monitored on a 24 hour / 7day a week basis and emergency contact.
            information is provided to the State.
4)         In the event of a sudden discharge, which overloads the system, the downstream dam
            will be removed.

Approval of this revision does not relieve the Contractor from the requirements of Section 10-1.03, "Temporary Creek Diversion System," of the Special Provisions, which restricts work in the creek from October 15 to April 15.

If you have any questions, please feel free to call me at 510-249-1560.

Sincerely,

Mohammad Suleiman
Resident Engineer

July 29, 2002

                        Contract: 04-285524
                        04-ALASCL-880-R0.0/R0.7
                        15.3/16.9
                        ACNHI-880-1(047)11N
                        L-0273D

Bay Cities Paving & Grading Inc.
P.O. Box 6227
Concord, California 94524-6227

Attention: Jack Wu - Project Manager
Subject: Aquadam Cofferdam Plan (Bay Cities Letter No. 3030.493)

Dear Mr. Wu;

As indicated in a verbal conversation with CC Myers' Mr. Shane Dees on Friday July 26, the request to modify the Penitencia Creek diversion system with the "Aquadam" system is not approved.

Construction of the diversion system should proceed as per plan with approved modifications dated July 22, 2002 (State Letter No. L-02680).

If you have any questions, please feel free to call me at 510-249-1560.

Sincerely,

Mohammad Suleiman
Resident Engineer

August20,2002

            Contract: 04-285524
            04-ALA,SCL-880-RO.O/RO.7
            15.3/16.9
            ACNHI-880-1(047)11N
            L-0282D

Bay Cities Paving & Grading Inc.
P.O. Box 6227
Concord, California 94524-6227

Attention: Jack Wu - Project Manager
Subject: Revised Penitencia Creek Diversion Plan - Aquadam- (Bay Cities' Letter No. 3030-504)

Dear Mr. Wu

The State has reviewed the proposed revisions to the Penitencia Creek diversion system. The use of Aquadams in place of the planned block dams are approved in conjunction with previously approved revisions dated July 22, 2002.

Approval of this revision does not relieve the Contractor from the requirements of Section 10-1.03. "Temporary Creek Diversion System," of the Special Provisions, which restricts work in the creek from October 15 to April 15.

If you have any questions, please feel free to call me at 510-249-1560.

Sincerely,

Mohammad Suleiman
Resident Engineer