# Office ofthe City Attorney City Hall City of 

# Santa Monica® 1685 Main Street Room 310 Santa Monica 

# CA 90407-2200


# Office ofthe ChiefCounsel AGC-600 Federal Aviation Administrative 800 Independence Avenue SW Washington, DC 20591 Attention: FAA Part 16 Docket Clerk Re: 

# FAADocketNo.16-14-04 Dear Docket Clerk: March 25,2015 Bradley 

# C. Michaud 

# brad ley. michaud@smgov.net 

# RECEIVED

APR 12015 PART 16 DOCKETS
Enclosed please find an original and 3 copies ofthe City ofSantaMonica's Response to FAA's Request for Additional Information; Declaration; Exhibit 

# inthe above-referenced action. Also, enclosed with this filing in the above-referenced matter, please find a face sheet together with a pre-paid, self-addressed envelope. Please stamp the face page as received, and return the face page in the enclosed envelope. Thank you.

/bern Enclosures Very truly yours, City Attorney's Office

tel: 310 458-8336 • fax: 310 395-6727MARSHA JONES MOUTRIE , C ity Attorn ey JOSEPH LAWRENCE, Ass ista nt C it y Attorney

2 LANCES. GAMS, Chief D ep uty Ci t y Attorney

IV AN CAMPBELL , D ep uty City Attorney

3 168 5 Main Street , Room 3 10 Santa M o ni ca , Cali forni a 90401

4 Te l e phon e : (31 0) 458 - 8336 Facsimile : (310) 451-5862

5 l a n ce . gams@smgov . n e t

6 Attorneys for Respondent

C I TY OF SANTA MO NI CA

7 8 9 10 ll 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 24 2 5 2 6 27 2 8 UNITED STATES D EPART M ENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

IN T H E MATT ER OF COMPLIANCE WITH FEDERAL OBLIGAT I O N S BY TH E CITY OF SANTA MONICA , CALIFO RNI A F AA Docket N o . 1 6 - 14 - 04 CITY OF SANTA MONICA'S R ESP ONS E
TO FAA'S REQU EST FOR ADDITIONAL

IN FORMATION; DECLARATION ; E XHIBI T Respondent CITY OF SA NTA MONICA ( h e r e in afte r "C IT Y"), by and through its

a ttorn eys o f r eco rd , respectfully s ubmit s the following Response to Request for Additio n a l

I nformation , wh i ch was r eq u ested by th e Federa l Aviation Administration (he r einafter
"FAA") pursuan t to 1 4 C . F . R. §16 . 29(b)( 1 ) .
As an init i a l and genera l r es p o n se, r espo nd e nt r e it e r a t es it s posi ti o n , prev i o u s ly

exp l ai n e d in both its pending Motion t o Dismiss and its Answer to Complain t , th a t the g r a n t
obligat i ons e nd e d on Jun e 29 , 20 14 , 20 years after th e l ast Gra nt offer was accepted o n

J une 29 , 1 994 . How ever, as the FAA has in d i ca t ed in it s Request for Add iti ona l

Inf ormation that it believes " .. . that the pa rti es h ave provided th e necessary i nforma ti on for

FAA to dete rmin e a no t - to - excee d date" , C I TY w i ll not r ep e at the same evidenc e and

a r guments in th is Response . I nstead, CITY wi ll r espond to th e i ssue r aised in the R e q u e st ,specifica ll y the est im ated usefu l li fe of the items referenced o n page 2 of the Request a n d

2 in th e attachments provided by the FAA .

3 4 5 6 7 8 9 10 I I 12 1 3 1 4 1 5 1 6 1 7 18 19 20 21 22 2 3 2 4 25 2 6 2 7 2 8 A lt hough Amendment No . 2 to the so le Grant Agreement fo r the Project was executed on August 27 , 2003, it is noteworthy that al l work covered by the Amendment was deemed s ub stant ially completed on Februa ry 20, 2002, with a fina l inspection performed

the foll owing month, as can be see n on the F in al Construction Report produced as Attachment 2 to the FAA Request and in the Notic e of Completion attached to this Response as Exhibit "A" . That i s the date from w hi ch th e usefu l lif e of the i mprov eme nts

comp l eted in Phase 2 of the Project wou l d begin to run . Such improv ements , although varyingly described in the different attac hm ents to the Request, ca n b e s umm ed up into two catego rie s: 1) asphalt work, in cl uding paving , s l ur ry

sea li ng , strip ing and numb er ing ; and 2) blast wall foundat i on and st ru cture installation . Respondent's useful life estimates for these it ems, t o the extent that they can be estima t ed ,

a r e being provided by Allan S h et h , who is a Civ il Engineer i ng Associate i n th e Public Works Department of the City of Santa Monica , and who was the C I TY's Project Engineer during

the co n struct ion portion of Phase 2 of the Project. (Please see his Dec l aration attached

h e r eto . ) It i s Mr. Sheth's opin i on, based upon hi s knowledg e and work on this particu l ar

Pro j ect and upon h is educat ion , training and experience, that the asphalt work has a 10 - 15

year u sef ul lif e , depending on the specific items . For instance , from the Contract Progress Payment No . 4 (Fina l And Release of Retention) exec ut ed on June 1 8 , 2002, in cluded by

th e FAA in Attachment A to the Request, Mr . Sheth est im ates that th e "crack sea l " and "asphalt slurry sea l " wo r k has a 1 0 - year us efu l l ife, and that the "asphalt rubber hot mix"

and the "heater remix" work ha s a 15-year useful life. 22 3 4 5 6 7 8 9 10 II 1 2 1 3 1 4 1 5 1 6 1 7 1 8 19 2 0 2 1 22 23 24 25 26 27 2 8 As to the blast wall, Mr . Sheth does not know what the usefu l life may be, given that

this was the first and only blast wall that the CITY had ever installed and with which he had

any involvement. He has documentation from the b l ast wall manufacturer that the warranty provided with the product was just one (1) year from installation , but no such product or

sa l es inf orma ti on th a t references a n anticipated u sef ul li fe of the b l ast wall. However , he

has observed that presently the blast wal l appears to be i n a similar condition to that when

it was i nstalled and began its useful life 1 3 years ago in 2002. Dated : March 25, 2015 Respectfu ll y Submitted, MARSHA JONES MOUTRIE Attorneys for R espo ndent CITY OF SANTA MON I CA
3 eiTV ()J: **~ANTI\ M()NI('A'~**  I IF._ Pn N._ F T() FA **A'~** I?F () I I F T F()ll AI) I)IT I ()NAI I Nf.'() RMATI() NDECLARATION OF ALLAN SHETH

2 I , Allan Sheth, declare as follows :

3 4 5 6 7 8 9 10 I 1 1 2 13 14 1 5 16 1 7 18 19 2 0 2 1 22 23 2 4 25 2 6 2 7 2 8 I am a Civil Engineering Associate in the Public Works Department of the C i ty of
Santa Monica, and have been a permanent employee with the City of Santa Monica s i nce

1995. The following is within my own persona l knowledge and if ca ll ed and sworn as a witness , I cou ld and would testify thereto .

I received a Bachelor's Degree in Civi l Engineering from UCLA in 1991 , and thereafter obtained my EIT Certificate . In 2001 and 2002 I was the C I TY's Project Enginee r
during the construction portion of Phase 2 of the Airport Improvement Project. In the past

20 years I have acted as a Project Engineer or Construction Manager as part of des i gn or construction groups for over 50 projects that have been bid and superv i sed by the City .
Based upon my knowledge and work on this particular Project and upon my education , training and experience , it is my opin i on that the asphalt work complet e d as part

of the Project has a 10 - 15 year useful life , depend in g on the specific items. For instance,

from the Contract Progress Payment No . 4 (Final And Release of Retention) executed on

June 18 , 2002, i ncluded by the FAA in Attachment A to the Request , I estimate that the
"crack seal" a n d "asphalt slurry sea l " work has a 1 0-year useful life , and that t h e "asphalt
rubber hot mix" and the "h eater remix" work has a 15 - year useful life.

As to the blast wall , I do not know what the useful lif e may be , g i ven that this was the

first and only blast wall that the C ITY had ever installed and with which I had any involvement. I have documentation from the b l ast wall manufacturer that the warranty provided with the product was just one (1) year from installation , but no such product or

sales information that references an anticipated useful li fe of the b l ast wall . However , I

have observed that presently the blast wa ll appears to be in a similar condition t o that when

4 --- (' 1 ' 1 V n F <::A 1\1 ' 1 A fv i i"'N lr A' R r:"<:; P rtN<:; F Tl"' FA A, -:- <: - IH --,: f'l ,-- 1 - 1 F -:- <::· r -· **..,-:: rt**  **-:- -:-**  **fl -:-**  **IJ -,-**  **""""** 1"1 ,..- N - A - I - I N-F-:-()- 1 ? M - A - 1 - ' 1 ( -,- )N ___ _12345678910111213141516171819202122232425262728itwasinstalledandbeganitsusefullife13yearsagoin2002.AttachedtothisResponsetoRequestforAdditionalInformationasExhibit"A"isatrueandcorrectcopyoftheNoticeofCompletionfortheAirportImprovementProject(Phase2)datedMarch18,2002andlocatedintheCity'sfilesintheEngineeringDivisionofthePublicWorksDepartment.IdeclareunderpenaltyofperjuryunderthelawsoftheStateofCaliforniathattheforegoingistrueandcorrecttothebestofmyknowledge.Executedthis251hdayofMarch,2015atSantaMonica,CA.AllanSheth,Declarant5E xhibit ARECORDING REQUESTED BY: CITY OF SANTA MONICA When Recorded, Mail to: City Clerk 1685 Main Street Santa Monica, California 90401-3295 NOTICE OF COMPLET ION 

### 02 0694597 NOTICE OF COMPLETION is h ereby given that Contract No. 7980 (CCS) (City Council Series), between the CITY OF SA NTA MONICA, a municipal corporation, whose address is

City Hall, Santa Monica, Ca li fornia, as own e r and C l arke Contracting Corporation, In c., whose address is 4646 Manh a ttan Beach B lvd.

, Lawndale, CA 90260, as Contracto r

, for the

fo ll owing work, to wit: SP-1646 Santa Monica Municipal Airport, Miscellaneous Improvements (Ph ase II)
AlP Project No. 3-06-0239-06 (II)
was completed on February 20, 2002. The n a me of the surety on said contract is Federa l In surance Company. DATED this 'g0

day of March 2002. C I TY OF SANTA MONICA, cipa l corporatio

I , Anthony Antich, P.E., say that I am an off i cer of the City of Santa Monica, to wit:

th e City E ngineer; that I have read the foregoing Notice of Completion and know the contents thereof; and that the same i s true of my own knowledge. I hereby declare under

pena l ty of perjury under the l aws of the State of California that the foregoing i s true and correct. Executed th i s \

**~** day of March 20 02, at Santa Monica, Ca li fornia. (FORM PREPARED AND APPROVED BY CITY ATTORNEY 5-83)

F :\ DATA\SPFILES\Sp1646 Airport I mprovement Phs 11 \CONST

. MGMT\Notlces\NC1646

. do c ... 'RECOl<DING REQUEST BY :ity of Santa Monica

:: ivil

**F~ngineering** WHEN RECORDED MAIL TO lAME Natalie Moorings

.. .. AILING 1685 Main St., Rm

. 112

. DDRESS CITY, STATE Santa Monica

, CA 90401

7 -IP CODE 02-0694597 SPACE ADOVE THIS LlNE FOR RECORDER'S USE TITLE(S)

'"' TOTICE OF COMPLETION -SP1646-Santa Monica Municipal Airport, Miscellaneous Improvements (Phase II)' .. , I

• ·· -"