Office of the City Attorney 

City Hall 

City of 

Santa Monica® 

1685 Main Street 

Room 310 

Santa Monica 

CA 90407-2200 

Office of the Chief Counsel 

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@s mgov .net 

RECEIVED 

APR 12015 

PART 16 DOCKETS 

Enclosed please find an original and 3 copies of the City of Santa Monica's Response to 

FAA's Request for Additional Information; Declaration; Exhibit in the 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: 310 395-6727 
MARSHA JONES MOUTRIE, City Attorney 

JOSEPH LAWRENCE, Assistant City Attorney 

2 LANCES. GAMS, Chief Deputy City Attorney 

IVAN CAMPBELL, Deputy City Attorney 

3 1685 Main Street, Room 310 

Santa Monica, California 90401 

4 Telephone: (31 0) 458-8336 

Facsimile: (310) 451-5862 

5 lance.gams@smgov.net 

6 Attorneys for Respondent 

CITY OF SANTA MONICA 

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UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

IN THE MATTER OF COMPLIANCE WITH 

FEDERAL OBLIGATIONS BY THE CITY OF 

SANTA MONICA, CALIFORNIA 

FAA Docket No. 16-14-04 

CITY OF SANTA MONICA'S RESPONSE 

TO FAA'S REQUEST FOR ADDITIONAL 

INFORMATION; DECLARATION; EXHIBIT 

Respondent CITY OF SANTA MONICA (hereinafter "CITY"), by and through its 

attorneys of record, respectfully submits the following Response to Request for Additional 

Information, which was requested by the Federal Aviation Administration (hereinafter 

"FAA") pursuant to 14 C.F.R. §16.29(b)(1). 

As an initial and general response, respondent reiterates its position, previously 

explained in both its pending Motion to Dismiss and its Answer to Complaint, that the grant 
specifically the estimated useful life of the items referenced on page 2 of the Request and 

2 in the attachments provided by the FAA. 

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Although Amendment No. 2 to the sole Grant Agreement for the Project was 

executed on August 27, 2003, it is noteworthy that all work covered by the Amendment was 

deemed substantially completed on February 20, 2002, with a final inspection performed 

the following month, as can be seen on the Final Construction Report produced as 

Attachment 2 to the FAA Request and in the Notice of Completion attached to this 

Response as Exhibit "A". That is the date from which the useful life of the improvements 

completed in Phase 2 of the Project would begin to run. 

Such improvements, although varyingly described in the different attachments to the 

Request, can be summed up into two categories: 1) asphalt work, including paving, slurry 

sealing, striping and numbering; and 2) blast wall foundation and structure installation. 

Respondent's useful life estimates for these items, to the extent that they can be estimated, 

are being provided by Allan Sheth, who is a Civil Engineering Associate in the Public Works 

Department of the City of Santa Monica, and who was the CITY's Project Engineer during 

the construction portion of Phase 2 of the Project. (Please see his Declaration attached 

hereto.) 

It is Mr. Sheth's opinion, based upon his knowledge and work on this particular 

Project and upon his education, training and experience, that the asphalt work has a 10-15 
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As to the blast wall, Mr. Sheth does not know what the useful 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 blast 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 life of the blast wall. However, he 

has observed that presently the blast wall appears to be in a similar condition to that when 

it was installed and began its useful life 13 years ago in 2002. 

Dated: March 25, 2015 

Respectfully Submitted, 

MARSHA JONES MOUTRIE 

Attorneys for Respondent 

CITY OF SANTA MONICA 
DECLARATION OF ALLAN SHETH 

2 I, Allan Sheth, declare as follows: 

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I am a Civil Engineering Associate in the Public Works Department of the City of 

Santa Monica, and have been a permanent employee with the City of Santa Monica since 

1995. The following is within my own personal knowledge and if called and sworn as a 

witness, I could and would testify thereto. 

I received a Bachelor's Degree in Civil Engineering from UCLA in 1991 , and 

thereafter obtained my EIT Certificate. In 2001 and 2002 I was the CITY's Project Engineer 

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 design or 

construction groups for over 50 projects that have been bid and supervised by the City. 

Based upon my knowledge and work on this particular Project and upon my 

education, training and experience, it is my opinion that the asphalt work completed as part 

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

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

June 18, 2002, included by the FAA in Attachment A to the Request, I estimate that the 

"crack seal" and "asphalt slurry seal" work has a 1 0-year useful life, and that the "asphalt 

rubber hot mix" and the "heater remix" work has a 15-year useful life. 

As to the blast wall, I do not know what the useful life may be, given that this was the 
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it was installed and began its useful life 13 years ago in 2002. 

Attached to this Response to Request for Additional Information as Exhibit "A" is a 

true and correct copy of the Notice of Completion for the Airport Improvement Project 

(Phase 2) dated March 18, 2002 and located in the City's files in the Engineering Division of 

the Public Works Department. 

I declare under penalty of perjury under the laws of the State of California that the 

foregoing is true and correct to the best of my knowledge. 

Executed this 251h day of March, 2015 at Santa Monica, CA. 

Allan Sheth, Declarant 

RECORDING REQUESTED BY: 

CITY OF SANTA MONICA 

When Recorded, Mail to: 

City Clerk 

1685 Main Street 

Santa Monica, California 90401-3295 

NOTICE OF COMPLETION 

02 0694597 

NOTICE OF COMPLETION is hereby given that Contract No. 7980 (CCS) (City Council 

Series), between the CITY OF SANTA MONICA, a municipal corporation, whose address is 

City Hall, Santa Monica, California, as owner and Clarke Contracting Corporation, Inc., whose 

address is 4646 Manhattan Beach Blvd., Lawndale, CA 90260, as Contractor, for the 

following work, to wit: 

SP-1646 

Santa Monica Municipal Airport, Miscellaneous Improvements (Phase II) 

AlP Project No. 3-06-0239-06 (II) 

was completed on February 20, 2002. 

The name of the surety on said contract is Federal Insurance Company. 

DATED this 'g0 day of March 2002. 

CITY OF SANTA MONICA, 

cipal corporatio 

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

the City Engineer; that I have read the foregoing Notice of Completion and know the 

contents thereof; and that the same is true of my own knowledge. I hereby declare under 

penalty of perjury under the laws of the State of California that the foregoing is true and 

correct. 

Executed this \ ~ day of March 2002, at Santa Monica, California. 

... 

' 
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)' 

.. , 

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