Federal Analysis of The BART's San Jose Extension
Federal Analysis of The BART's San Jose Extension
Federal Analysis of The BART's San Jose Extension
The PMOC provided a One Page Summary (OPS) to FTA ahead of this formal report which
supports and provides details of the findings in the OPS; please refer to Appendix C.
Completing the project scope to the time and cost proposed by the Sponsor (VTA) is highly
dependent upon the assumption of the private utility companies performing all work to the project
timelines, the successful coordination and indeed collaboration between VTA, BART, and the four
large DB contracts and the success of the tunnel mining operations. VTA has identified 65 risks in
their current risk register dated March 30, 2021. The FTA PMOC has recommended the addition
of a further 23 risks. Table 2 below provides a summary of the Top Risks identified by both PMOC
and the Sponsor.
Table 2 Top Risks Identified
Table 3 below shows a summary of the results of the cost and schedule risk analysis:
PMOC Conclusions
The PMOC is of the opinion the proposed scope of work is overly optimistic in the time frame and
at the cost proposed given the numerous and complex contract interfaces, design coordination and
construction coordination interfaces and the very challenging known ground conditions to be
encountered on this large diameter single tunnel approach.
The PMOC is concerned with respect to the optimistic schedule and derived cost impacts. The
PMOC notes the very considerable contract interfaces and coordination required both physically
and contractually and the high involvement of management and coordination that will be required
of VTA and their internal project team and consultants.
PMOC Recommendations
In light of the conclusions as summarized above:
1. The PMOC has reviewed schedule activity durations and concurrency of design and
construction contracts together with the procurement timelines necessary to implement the
proposed strategy. PMOC recommends an adjustment to the VTA RSD of 18 months
resulting in a revised RSD, before contingency, of November 7, 2031 and that the base cost
before contingency is increased by $1,037 million (YOE) to account for over stripping,
overly optimistic tunnel production rates, low standard cost category (SCC) 80 staff
estimates, overly optimistic inflation rates and additional consequential increases in costs
associated with the adjusted schedule duration.
2. PMOC recommends the Project Readiness to be conditional upon VTA obtaining
additional contingency capacity to support the significant and understated risk apparent at
this stage of the project’s development.
3. PMOC recommends the P65 cost is adopted at $9,148 million, an increase over the VTA
EPD application of $2,206 million. PMOC recommends the RSD including contingency
adopts the Stripped and Adjusted Base Schedule (SABS) plus 25% equating to a revised
RSD of June 21, 2034, a 21-month addition over the EPD Application.
LIST OF TABLES
Table 1 Executive Summary Risk Results................................................................................ iii
Table 2 Top Risks Identified .................................................................................................... iii
Table 3 Summary Risk Analysis Results ................................................................................. iv
Table 4 Contract Packages...................................................................................................... 2-2
Table 5 Summary VTA Base Cost Estimate .......................................................................... 2-4
Table 6 Summary BCE (Base Year $ w/o Contingency) by Profile ...................................... 2-5
Table 7 Summary PMOC Adjustments .................................................................................. 2-5
Table 8 Summary PMOC Adjustments by Profile ................................................................. 2-6
Table 9 PMOC SABCE (YOE) by Profile w/o Finance Charges .......................................... 2-7
Table 10 Key VTA Schedule Milestones ................................................................................. 2-8
Table 11 Summary of Sponsor Contingency by SCC (L2) ...................................................... 3-2
Table 12 PMOC Summary Time-Related Cost Adjustments ................................................... 3-3
BART Silicon Valley Phase II Extension Project iv
Scope, Cost, Schedule, Risk, and Contingency Review Report
July 2021 (Final)
Table 13 PMOC Summary Latent Contingency Adjustment ................................................... 3-4
Table 14 Summary PMOC Inflated Adjusted SABCE ............................................................ 3-2
Table 15 Large TBM References (from 2020 Constructability Report) .................................. 3-5
Table 16 Large TBM References (from May 2021 Risk Spot Memo)..................................... 3-6
Table 17 Large TBM Research by PMOC ............................................................................... 3-7
Table 18 CP2 Mining Duration Responses from VTA RFIF Process ...................................... 3-8
Table 19 Mining Productivity Analysis and Adjustment Summary......................................... 3-9
Table 20 My TOP Risk ............................................................................................................. 4-3
Table 21 VTA Risk Matrix ....................................................................................................... 4-4
Table 22 VTA Risk Matrix Legend: Impact & Probability Levels .......................................... 4-4
Table 23 Project Risks Rated as “High” ................................................................................... 4-7
Table 24 SCC 10 “High” Risks ................................................................................................ 4-8
Table 25 SCC 40 “High” Risks ................................................................................................ 4-9
Table 26 SCC 50 “High” Risks .............................................................................................. 4-10
Table 27 SCC 60 “High” Risks .............................................................................................. 4-11
Table 28 SCC 80 “High” Risks .............................................................................................. 4-12
Table 29 Total Number of Risks by VTA Impact Classification ........................................... 4-12
Table 30 P65 Schedule Risk Assessment ................................................................................. 5-5
Table 31 Risk Scenario Sensitivity Analysis ............................................................................ 5-8
Table 32 P65 Cost Risk Assessment ...................................................................................... 5-14
Table 33 Sponsor Relative Contingency Against SABCE ..................................................... 5-15
Table 34 Profile Cost Risk Exposures .................................................................................... 5-15
Table 35 Probability Distribution Tabular Data (with finance costs)..................................... 5-17
Table 36 Third-Party Agreements .......................................................................................... 8-10
Table 37 Right-of-Way Acquisitions and Relocations ........................................................... 8-16
Table 38 AACE Cost Estimating Classification System ........................................................ 9-19
Table 39 Cost Characterization of Uncertainties .................................................................... 9-22
Table 40 Potential Range of Costs.......................................................................................... 9-24
Table 41 Estimate Breakdown Structure ................................................................................ 9-29
Table 42 Sponsor Estimate Stratification ............................................................................... 9-30
Table 43 Base Year Ground Improvement Costs ................................................................... 9-32
Table 44 Table 8 from Basis of Cost ...................................................................................... 9-37
Table 45 Figure 1 from Basis of Cost..................................................................................... 9-37
Table 46 Table 1 from Cost Memo #2: SCC 80 Costs ........................................................... 9-38
Table 47 FTE Staffing Summary using the 2.4 Multiplier from Spot Memo 2 ..................... 9-40
Table 48 FTE Staffing Summary using the 2.6 Multiplier from Basis of Cost Report .......... 9-41
Table 49 Allocated Contingency by SCC Category ............................................................... 9-43
Table 50 PMOC Mid-Point Cash Flow Model ....................................................................... 9-45
Table 51 Comparative Analysis of Different Inflation Rates Adopting a Mid-Point Calculation
................................................................................................................................. 9-45
Table 52 Baseline Case Cost Escalation Rate ........................................................................ 9-46
Table 53 Producer Price Index, April 2021 ............................................................................ 9-47
Table 54 Breakdown of Activities .......................................................................................... 10-8
LIST OF APPENDICES
Appendix A: Table of Acronyms
Appendix B: List of Documents Reviewed
Appendix C: One Page Summary of Risk Assessment
Appendix D: Risk Workshop Attendees
Appendix E: Risk Workshop Agenda
Appendix F: PMOC Adjusted Risk Register from the FTA Risk Workshop
Appendix G: Sponsor Risk Workshop Presentations
Appendix H: PMOC Risk Workshop Presentations
Appendix I: PMOC SABCE
Appendix J: PMOC BETA Assignment Cost Model Profiles 1 – 4
Appendix K: PMOC Summary SABS
Appendix L: PMOC Summary SABS Critical Path
Appendix M: PMOC Schedule Risk Input Data
Below in Table 6 is provided an overall summary of the base cost estimate (BCE) as submitted by
VTA without contingency, the VTA Stripped and Adjusted Base Cost Estimate (SABCE). PMOC
has segregated this estimate by VTA’s proposed main contract packages derived from their
estimate backup which has been used as a starting point for analysis by profile in the FTA Top-
Down cost model assessment. Some interpolation has been necessary where figures did not match
the SCC Build Main summary due to ‘in progress’ adjustments and latent contingency stripping
by VTA. To facilitate the most accurate assignment of BETA factors and profile specific global
adjustments the PMOC has utilized four profiles corresponding to the contract package scopes as
described above:
Profile 1 – CP1 Systems Installations DB
Profile 2 – CP2 Tunnels and Trackwork
Profile 3 – CP3 Newhall Yard and Santa Clara Station and Program Wide SCC 60, 70 &
80
In addition to CP3, this profile includes the Project Wide elements of SCC 60 through 80.
This is to avoid adding a 'linked' workbook and these project wide elements do not overlap
the specifics of CP3 which are contained within SCC 10-50
Profile 4 – CP4 Underground Stations
The PMOC recommends several adjustments to the VTA BCE as above Table 6 prior to risk
application to form the SABCE. These adjustments are categorized into:
1. Direct Cost adjustments
2. Time related (schedule) adjustments
3. Latent contingency adjustments
Total adjustments amount to $728.17 million (Base Year $) as detailed in Table 7 below:
Table 7 Summary PMOC Adjustments
Adjustments have been calculated by and allocated to one of the four Profiles. Table 8 below
shows the allocation of PMOC recommended adjustments to the Profiles.
The final adjustment recommended by PMOC is for the general rate of inflation used by VTA.
VTA have used an inflation rate of 2.72% per annum. In the PMOC’s opinion this is overly
optimistic and, supported by market research into current trends and future forecasts at the date of
the FTA risk workshop, the PMOC recommends the inflation rate is increased to 3.50% per annum
and remain as specified in the SCC workbook issued by FTA. This results in an adjustment to the
Sponsors estimate (before the application of risk) of an additional $185.06 million. The application
of the inflation increase on the PMOC adjustments adds an additional $29.4 million inflation.
Table 9 below summarizes the PMOC’s adjustments and inflation uplift by Profile to provide a
revised estimate YOE, before the application of risk, at $6,105 million.
With the addition of VTA Finance charges at $389.72 million (YOE) to the $6,105 million revised
estimate YOE, this results in a total estimate at $6,495 million (YOE) before the application of
risk. This compares to a Sponsor estimate YOE before contingency at $5,458 million, a resulting
recommended increase of $1,037 million (YOE).
2.3 Project Schedule Summary
PMOC has received VTA’s latest basis of schedule dated April 16, 2021. The latest Program
schedule the PMOC has received from VTA, and against which the PMOC’s analysis and
commentary has been performed, comprises ten sub-schedules each updated by the Sponsor to
capture the “February 2021 Update” and all with a common data date (progress updated through)
March 1, 2021. Schedules are in Oracle P6 software and are referenced P0509-01 through 10
named as follows:
1. Program Management and Administration
2. Right of Way Acquisition
3. Design
4. Advertise, Bid and Award
5. Utilities
6. Permitting
7. Construction
8. Vehicles
9. Testing and Commissioning
10. Summary
These schedules are opened together forming the Integrated Master Project Schedule (IMPS) in
the Sponsor file named “MPS February 2021 Update 03-30-2021.xer.” No other schedules have
been provided to the PMOC.
Table 10 below shows the key project milestones.
VTA has identified the projects critical path in their IMPS as running primarily through the CP2
Tunnel/Track contract package until it shifts to the CP1 system installation and testing activities
starting in December 2027. Procurement of the TBM, tunneling, structural concrete work in the
tunnel, and track installation are critical path activities. Subsequently, the critical path shifts to
systems installation and testing.
VTA have not yet developed staging and maintenance and protection of traffic (MPT) plans which
they have said are in process of development and will be discussed with the City of San Jose and
City of Santa Clara along with other impacted stakeholders and the communities once finalized.
Input is expected from the CP2 contractor which is unlikely to be prior to award in the second
quarter of 2022. MPT will be required for ventilation shaft utility relocations in streets, ground
improvement access shafts and ventilation shaft SOE at a minimum.
The PMOC concludes that the imbalance resulting from VTA’s allowances assigned to SCC 70
and, in particular, SCC 80 is forming a misleading risk profile overall across the SCCs and suggests
the overall contingency is low.
3.2 Stripped and Adjusted Base Cost Estimate (SABCE)
In reviewing the VTA cost estimate, the PMOC has highlighted several recommended adjustments
to form a SABCE ready to be used in the Top-Down risk assessment and transferred to the
TBM references provided in Table 15 above from the 2020 Constructability report did not provide
production rates. TBM references provided in Table 16 above from the 2021 risk spot memo report
provided production rates per week but no details were provided of what the definition of a ‘week’
was. In neither table were background details expanded to provide location, environment, ground
conditions, issues encountered, whether the production rates included or excluded stoppages and
so on.
The PMOC has investigated from web articles and other sources additional details of each of the
named tunnel references. Table 17 below provides a summary of the findings:
By comparison, the overall mining duration included in the VTA IMPS is 24.7 months.
The VTA IMPS assumes and includes 3 planned maintenance interventions to inspect and replace
as needed TBM cutters and conduct other TBM routine maintenance. These are highlighted in
Table 19 below at the Stockton Street ventilation facility, at the 13th Street ventilation facility and
at the 28th Street station box. The total tunnel drive is 24,929 feet. The VTA IMPS calculates the
overall daily production rate at 43.97 feet / day (including allowance stated for the three planned
maintenance interventions).
The PMOC considers this average overall planned production rate overly optimistic and well
above comparable projects as detailed above. Table 19 below provides, against each drive, the
PMOC’s opinion of an ambitious production rate of between 25 and 30 feet per day ignoring initial
BART Silicon Valley Phase II Extension Project 3-8
Scope, Cost, Schedule, Risk, and Contingency Review Report
July 2021 (Final)
break through and first 300 feet of drive. PMOC also considers the baseline schedule should
include for planned maintenance interventions on average after each mile driven or at least at each
intersection with a ventilation or station structure. The PMOC therefore recommends maintenance
interventions be included at:
1. Stockton Street Ventilation Facility
2. Diridon Station
3. DTSJ Station
4. 13th Street Station
5. 28th Street Station
Taking the recommended reduced tunnel production rate and additional proposed planned
maintenance interventions into consideration the PMOC recommends an average overall daily
production rate of 27.73 feet / day. This equates to an overall mining duration of approximately
38.5 months compared to VTA’s proposed 24.7 months and the average ‘of ‘averages’ from the
RFIF process of 39.4 months. The PMOC considers this is still very ambitious, is likely to result
in challenges to negotiate with the selected CP2 contractor and anticipates further risk to be
negotiated on top of this adjusted production rate. The resulting recommended adjustment to the
schedule critical path is 14 months.
Table 19 Mining Productivity Analysis and Adjustment Summary
The resulting overall impact to the VTA IMPS critical path from the above recommended
adjustments is 18 months.
Out of the 29 responses, five (5) related directly to concerns over the proposed tunnel production
rate. Underlying trends pointed to a consensus in risk exposure to overall program duration for
design and construction and the challenges in coordination and interfaces between the four main
construction packages.
The Sponsors risk register adopted Impact and Probability levels as shown for reference in Table
22 below. In the PMOC opinion risk impact levels are reasonable although are likely to produce a
risk distribution resulting in a larger number of risks rated ‘high’ given the longevity and monetary
size of the project.
Table 22 VTA Risk Matrix Legend: Impact & Probability Levels
Comments and observations of the PMOC captured prior to and at the risk workshop discussions
are included against each risk in the risk register. The output risk register from the risk workshop
is included as Appendix F and the PMOC’s summary PowerPoint presentations from the risk
workshop are included as Appendix H.
4.3.3 Distribution of Risks
The VTA most recent risk register dated March 31, 2021 and submitted to the PMOC at the end
of April 2021 contains 85 live risks. The FTA PMOC adjusted risk register adds 27 new risks
resulting in a total of 112 current risks. Seven (7) risks out of the 112 total risks were subsequently
considered ‘duplicate’ by the PMOC, 4 of these ‘duplicate’ risks being PMOC added risks.
Figure 2 above shows the risks per FTA category and demonstrates a well-balanced distribution
of risks. Figure 3 below shows risks per FTA risk category by percentage of the total number of
risks. Figure 4 shows the risk distribution by VTA impact category by FTA SCC code and
demonstrates BSVII risk dominating in SCC 10, 40 and 80.
Figure 3 Risk Distribution per FTA Risk Category (%)
Risks numbered “PMOC_xx” and shown in Red text have been added by the PMOC. PMOC has
raised four (4) new “High” rated risks and recategorized four (4) current VTA risks as “High.”
PMOC suggests six (6) risks identified by VTA as “High” are of a lesser severity for these reasons.
BSV-005: Extensive ground improvement, property protection and monitoring is priced in
base estimate and ‘risked’ which should significantly mitigate property damage
BSV-041: Existing ground conditions are well understood; ground improvement measures
priced in estimate are designed to work with these known challenging ground conditions.
PMOC has recharacterized this risk (under PMOC_27) as time and cost to perform ground
improvements is the greater risk.
BSV-139: PMOC has recommended an adjustment to the TBM procurement duration and
the residual risk of further delays is reduced
SCC 60 ROW
PMOC believes VTA have potentially understated the risk of additional ROW being identified as
the CP2 PDB contractor progresses detailed design of property protections, utility relocations and
construction working space required to construct the large underground facilities.
In addition, the property market is historically seen as a high-risk cost area which may, depending
on the market and economy, benefit or stress the projects budget and contingency. In inner city
high value locations property values and negotiations with landowners have also significantly
delayed projects in dealing with local politics, large landowners, relocations impacting local work
force and powerful community action groups. BSVII is understood to be supported by both cities
and the multiple stakeholders but economic and political external influences can quickly change
commitments and previously collaborative partners and landowners’ positions. PMOC has applied
recommended BETA factors to base cost and risk to schedule duration commensurate with the
level of current design. PMOC views ROW in general a “High” risk.
SCC 70 Vehicles
No “High” risks have been identified in SCC 70 by either VTA or the PMOC.
VTA have stated that vehicle delivery and commissioning pose no risk to project RSD. Existing
fleet will be used to support testing, commissioning, and start-up if there are delays in the
manufacture or delivery of BSVII vehicles.
PMOC does consider risk exists in vehicle costs and procurement and has applied a greater risk
factor than that applied by VTA to SCC 70.
SCC 80 Professional Services
SCC 80 collects and groups many time related impacting program risks.
VTA and PMOC share three (3) common “High” risks in this category. PMOC has suggested a
reduced likelihood of contract interface delays than VTA against risk # BSV-066, multiple contract
interfaces, as PMOC has reduced tunnel productivity as a recommended schedule adjustment
which has in turn introduces float at all ventilation and station / tunnel interfaces. PMOC has in
addition recommended a further schedule adjustment in increasing the overlap between tunnel
mining and tunnel structural fit out to reduce interface risk. Nevertheless, PMOC acknowledges
that even after these recommended adjustments interface issues remain a significant management
challenge for VTA.
VTA’s most recently issued risk register adds risk # BSV-171, shown below, but PMOC believes
this is understated and has recommended this is elevated to a “High” risk as the probability of
delays and additional costs due to interface management in this highly complex and integrated
project is seen as one of the major challenges to be faced by the VTA project team as the project
progresses into engineering and detailed design.
PMOC has introduced two new risks rated as “High” in this category.
PMOC has included cost adjustment to SCC 80 in arriving at the SABCE. Notwithstanding
this recommended adjustment, VTA/BART staffing levels will be challenged in
performing the significant configuration management effort required, which VTA have
stated during discussions and presentations will include management of the project BIM
integrated design model.
PMOC has been informed during discussions and through documentation including text
included in the most recent RCMP that an OCIP (Owner Controlled Insurance Program)
program is proposed but details and the costs of this are still in early stages of formulation.
Prior project experience points to this project being well suited to an OCIP however effort
and cost in management of such programs and cost of deductibles often exceed Sponsor
BART Silicon Valley Phase II Extension Project 4-11
Scope, Cost, Schedule, Risk, and Contingency Review Report
July 2021 (Final)
estimations, albeit final costs may well be lower than that which would have been incurred
under a CCIP (Contractor Controlled Insurance Program).
Table 28 SCC 80 “High” Risks
The output risk register from the FTA risk workshop is included as Appendix F.
Figure 6 shows the relationship of the PMOC adjusted RSD of November 7, 2031 to the Sponsor
proposed RSD of May 7, 2030 and the OP 40c recommended contingency at 25% of the adjusted
BART Silicon Valley Phase II Extension Project 5-5
Scope, Cost, Schedule, Risk, and Contingency Review Report
July 2021 (Final)
base June 6, 2034. The diagram then shows the resulting PMOC actual risk assessment giving a
RSD of February 2, 2034 at the P65. PMOC recommends at this stage of project development the
RSD is taken to be June 6, 2034 reflecting the FTA guidance of 25% of the adjusted base duration
from date of the risk workshop (May 12, 2021) through early RSD (November 7, 2031).
Figure 6 Schedule Risk Results Summary Graphic
Figure 7 shows the schedule duration sensitivity to the overall risk assessment (i.e. it is not specific
to the P65).
Figure 7 Schedule Duration Sensitivity Chart
BSV11 - PMOC ADJ SUM RISK SCH [EDP] - APR30_ADJ_R0 (Pre-mitigated)
Schedule Sensitivity Index: Entire Plan - All tasks
495 - TBM Drive 1 - West Portal to West Vent Shaft [4,800 ft] 13%
Figure 8 below shows duration sensitivity of individual assigned risks to the overall schedule risk
assessment range (not the P65 output).
138 - Design interface resolution betw een the 4 DB's [design and construction] 32%
086 - Major earthquake impacts station / VS's / Yard const [or fire, accident, storm ... 20%
078 - Unclear roles betw een BART / VTA cause delays [incl 097] 16%
The PMOC ran several scenarios to understand and measure the impacts of the known specific
risks to the overall model results. Table 31 shows the scenario analysis results. The equivalent
contingency is the calculated percentage of days lost between the Risk Informed RSD and the
PMOC adjusted RSD (before Risk).
Figures in Table 31 are approximate and for comparative purposes only since the Monte Carlo
model run as a whole will produce results reflective of all risks. This project is complex given the
relationship of tunnel drive to portal, portal approach, station, and ventilation facility SOE and
tunnel structural fit out. The 28th Street Station fit out structural works awaiting completion of
mining operations to allow access to the invert slab by the CP4 contractor plays a significant role
in the critical path to the project RSD. Subsequent interrelationships with trackwork installations,
systems installations and station final fit out all feeding into final integrated testing also make a
complex series of constraints and interrelationships in this project schedule.
Table 31 shows that the risks associated with early risk prior to placement of TBM order (Run 1)
which include utility relocation risk, ROW risk and critical contract procurement (CP2) impact the
overall analysis in isolation by approximately 7 months at the P65. Tunnel and systems related risk
show as similar impacting overall duration of approximately 1 year each at the P65.
5.4 Cost Risk Analysis
5.4.1 Top-Down Cost Model Version and Project Specific Adaptations
A cost risk analysis has been developed adopting the FTA OP 40 Top-Down risk model v5.16a.
The PMOC has added project specific workbook TABS into the base model including Sponsor
Build-Main sub-project worksheets, schedule analysis results, calculation sheets supporting
recommended adjustments and collection tables to capture adjustments through to the applicable
sub-project ‘profile’.
The PMOC has added a summary front TAB gathering analysis results and facilitating the
inclusion / exclusion of recommended cost adjustments and global BETA factor adjustments. The
summary TAB incorporates the recommended global BETA adjustments to specific ‘profiles’ and
the global PMOC inflation adjustment. The adjustments can be switched on / off to immediately
see, test and verify the impact on the overall analysis through the results and graph incorporated
into the summary front TAB.
Specific Profiles introduced for the BSVPII are described below.
Table 33 shows the stripped and adjusted base cost (SABCE) in relation to the Sponsor estimate
and the risk protection afforded by the Sponsor contingency relative to the SABCE.
Table 34 is extracted from the Top-Down model ‘Risk Assessment Analysis’ and shows the
associated SABCE and corresponding risk exposures for each assigned profile.
Table 34 Profile Cost Risk Exposures
As noted above figures exclude finance costs. Reported P65 cost is $9,148 million including
finance costs of $390 million ($8,757.81 + $389.72 = $9,147.53 million).
Figure 9 shows the Probability Distribution extracted from the Top-Down “Risk Distribution
Report Graphics TAB”.
Figure 9 shows the Sponsors proposed estimate of $6,551 million (YOE, excluding finance
charges) as insufficient to meet the predicted risk exposure as developed by the PMOC.
Figure 10 shows the Probability Distribution including finance costs followed by tabular data in
Table 35 corresponding to the graph.
Figure 10 Probability Distribution (with finance costs)
VTA/VTA’s Consultant
Agreement/ Permit/ Other Owner Critical/ Non-Critical Status Expected Execution
team Owner
Master Utility Relocation
AT&T Utilities Lead Non-Critical Executed 10/16/2020
Agreement
VTA General Manager
Comprehensive Agreement BART Non-Critical Executed 11/19/2001
(GM)/ Counsel
Operations & Maintenance
BART VTA GM/ Counsel Non-Critical Executed 05/22/2020
(O&M) Agreement
Implementation Letters BART VTA GM/ Counsel Critical Executed 09/01/2020
Master Agreement City of San Jose Third Party Manager Critical Executed 10/16/2020
Cooperative Agreement #1 City of San Jose Third Party Manager Non-Critical Draft 05/28/2021
For design reviews
Cooperative Agreement #2 City of San Jose Third Party Manager Non-Critical 01/07/2022
during DB
Cooperative Agreement #3 City of San Jose Third Party Manager Non-Critical For construction 04/08/2022
Master Agreement City of Santa Clara Third Party Manager Critical Executed 10/29/2020
Cooperative Agreement #1 City of Santa Clara Third Party Manager Non-Critical Draft 05/28/2021
For CP3 Pre-RFP
Cooperative Agreement #2 City of Santa Clara Third Party Manager Non-Critical 01/07/2022
review
For design reviews
Cooperative Agreement #3 City of Santa Clara Third Party Manager Non-Critical 01/07/2022
during DB
Cooperative Agreement #4 City of Santa Clara Third Party Manager Non-Critical For construction 03/03/2023
Master Utility Relocation
Comcast Utility Lead Non-Critical Executed 11/03/2020
Agreement
Cooperative Agreement PCJPB Third Party Manager Critical Executed 11/02/2020
Master Utility Relocation
PG&E Utility Lead Non-Critical Executed 01/14/2020
Agreement
Engineering Utility
T-Mobile (Sprint) Utility Lead Non-Critical Executed 10/30/2020
Agreement
Cooperative Agreement Caltrans Third Party Manager Critical Executed 10/30/2020
Non-Critical
Cooperative Agreement for
Caltrans Third Party Manager Draft 04/30/2021
DB
MCI Communications
Master Utility Relocation
Services, LLC Utility Lead Non-Critical Draft 05/14/2021
Agreement
(Verizon)
Master Utility Relocation XO Communications
Utility Lead Non-Critical Draft 05/20/2021
Agreement Services, LLC.
Master Utility Relocation
Zayo Group LLC Utility Lead Non-Critical Draft 04/30/2021
Agreement
Encroachment Permit Caltrans Contractor Non-Critical For construction 09/15/2023
Joint Use and Maintenance
Caltrans VTA GM/ Counsel Non-Critical For operations 11/24/2027
Agreement
Encroachment Permit City of San Jose Contractor Non-Critical For construction 07/11/2022
Encroachment Permit City of Santa Clara Contractor Non-Critical For construction 06/14/2023
Other FAA VTA/ Contractor Non-Critical For construction 08/26/2022
PSA UPRR VTA GM/ Counsel Non-Critical Executed 12/15/2004
Encroachment Permit
Valley Water Third Party Manager Non-Critical Draft 06/18/2021
Application
Programmatic Agreement and State Office of
VTA GM/ Counsel Non-Critical Executed 05/09/2018
Treatment Plan Historic Preservation
Bay Area Air Quality
Permit Third Party Manager Non-Critical For operations 02/16/2027
Management District
Source: BSVII Third Party Agreement Management Plan Rev 0.C April 18, 2021.
9.3 Methodology
The PMOC followed guidance provided in FTA OP 33, Capital Cost Estimate Review, dated
September 2015 in the review of the Project Sponsor’s cost estimate. The PMOC’s review had
the following objectives:
Evaluate Sponsor’s project control organizational structure, systems and software
Evaluate Sponsor’s cost escalation methodology
Ensure the Capital Cost Estimate (CCE) is mechanically correct and complete
Ensure the CCE is consistent with industry and engineering standards and practice
Ensure consistency with project scope
Identify the method of estimation being used is appropriate
Ensure the CCE is mapped correctly onto the SCC Main Worksheet
BART Silicon Valley Phase II Extension Project 9-19
Scope, Cost, Schedule, Risk, and Contingency Review Report
July 2021 (Final)
For the cost portion of the PMOC review, a sampling of larger ticket items with the rationale that
20% of the scope will carry 80% of the cost was taken. Such items will fall along the critical path
of the proposed schedule and are time-based, such as the tunnel boring machine. While the whole
estimate was reviewed for the included work content, more of a concentration of effort was given
to the larger items whose costs were significant. This approach was taken to understand the level
of accuracy while trying to identify large cost items that represented most of the type of work that
was reflected in the project. In doing so, shortages and/or overages that may have more of an
impact on the overall costs could be identified.
9.4 PMOC Observations
Summary of Findings as Related to PMOC Review of the Cost Estimate
The Sponsor has submitted their EPD application based upon an estimate at completion of $6,941
million (including finance charges). The FTA PMOC is of the opinion, and based on the details
provided, that the estimate is overly optimistic and should be increased by $1,037 million (YOE)
to account for overly optimistic inflation, excluded scope (in the base estimate), under estimation
of SCC80 staffing costs, overly optimistic schedule and over stripping of the base estimate
transferring base costs to contingency and thereby suppressing contingency norms related to the
base. The recommended cost adjustments, details of which can be found in the OP 40 section of
this report, can be summarized as follows:
1. Direct adjustments ($156 million BY$) for:
Allowance for Hazardous Material removal ($5 million)
Low staffing rates and staffing shortfalls ($151 million)
2. Time related (schedule) adjustments totaling $404 million BY$ to account for PMOC
recommended 18-month schedule adjustment
3. Latent contingency adjustments totaling $169 million BY$ to account for over stripping of
base and allocation to contingency
4. Inflation adjustment on base estimate at $185 million and an additional $96 million when
applied to the PMOC adjustments resulting in an overall total inflation adjustment of $309
million based on a 3.50% annual rate of inflation
In summary and in performing the review the PMOC has verified that:
1. Sponsor’s estimating and project controls organization is experienced, has the necessary
capacity and capability to perform the work,
2. Scope was accounted for in the estimate,
3. The PMOC checked the estimate mathematically summed. Discrepancies described below
were encountered.
4. Estimate was Coded to FTA SCC cost accounts, however there were minor details that
were noted to be out of place during the PMOC’s review of the contract package alignment
to the FTA Standard Cost Categories:
a. Noise Dampers found under 10.07 should be under 10.13 to align with accurate
SCC breakdown and analysis.
The PMOC carried out a cross checking of sampled elements of the project estimate with the
project scope contained in the design documents to determine degree of correlation between the
design deliverables and proposed estimate adjustment. Limited sketches, basis of design, estimate,
schedule, etc. were provided and reviewed by the PMOC. The level of detail provided in the memo
After further discussion and presentations of the project scope and details at the Risk Workshop
held May 10-12, 2021, the PMOC determined that the proposed staffing levels are too optimistic,
and multipliers need to be adjusted to Table 8 (Table 44) and Figure 1 (Table 45) extracted from
the Sponsors Basis of Estimate report and Table 1 (Table 46) extracted from the Spot memo #2
SCC 80 Costs BSVII Staffing Plans and Organization Charts (April 14, 2021) as below.
The SCC 80 costs include for all contracted and in-house professional, technical and management
services related to the design and construction of fixed infrastructure (Cats. 10 - 50) during the
engineering, construction, testing, and start-up phases of the project. This includes environmental
work; surveying; geotechnical investigations; design; engineering and architectural services;
materials and soils testing during construction; specialty services such as safety or security
analyses; value engineering, risk assessment, cost estimating, scheduling, Before and After studies,
ridership modeling and analyses, auditing, legal services, administration and management, etc. by
agency staff or outside consultants. Provisions for professional liability insurance and other non-
construction insurance should be included in 80.05.
Staffing Numbers
The Staffing Plan by Discipline by Year (Table 46 – Table 1 from Cost memo #2: SCC 80 Costs)
indicates:
1. Quality staff total of 5 FTEs, all assigned to project wide functions, for entire project
duration including manager, auditors, inspection staff and given that the contractors have
their own quality programs, one person overseeing each contract’s quality program is very
modest. PMOC considers that this should be twice that number or 10 FTEs total.
2. Project Controls has 14 total FTEs, 6 project wide functions, 2 each over each of the
contracts. However, the plan indicates 15% of their time is project controls, with no
indication of where the remainder of each person’s time will go, seemingly low for time
allotment and distribution.
The larger amounts include Guideway and Track Elements at 27% and ROW for 56% allowance
due to market conditions.
Evaluation of Contract Package Elements
Contract package elements were assessed for specific services such as QA/QC and scheduling.
Contractors are required to develop and submit their own QAPs for their work as some sort of
implementation plan with specific actions like QA audits/surveillances/reviews planned out over
a set schedule or calendar. This would be their opportunity as to negotiating a price for their quality
implementation under the contract. The General Contractor should hire quality subcontractors to
do the work.
Elements of contract language that would reasonably serve as a basis for additional compensation
not part of a scheduled payment item might include OCIP, MBE/WBE compliance, liquidated
damages, delays, and sound ordinances.
Restrictive schedule or mobilization requirements that would be material pricing elements in
developing a bid may occur with staging of the project. The use of purchased property and
acquisitions underway may delay starts of critical path items. Bid Package 2 has been noted as the
contract that sets all others, as the tunnel boring begins all other activities related and following its
course of excavation. The TBM is calculated as tunneling at a rate of 40 linear feet a day, with a
50-hour work week. The PMOC believes this rate is high.
Geotechnical data and pricing approach to changed conditions should be in special provisions or
as reference materials. The contractors will be granted the opportunity to check the data provided
before committing to a price. This responsibility belongs to the contractor to discern for items such
as differing dewatering scenarios, depressurizing wells, etc.
Unit pricing and allowed variability in unit pricing is covered in the special provisions and if it is
not addressed in there, the owner has the option to negotiate it with the contractor. Most contracts
will have a contingency allowance for these types of hidden costs and would be settled by change
order process. CIP concrete, for example, ranges from $500-2,000/cy depending on how it is
formed, where it is located, the amount of rebar included, and finishing as applicable.
PMOC picked out the start / NTP and then calculated the mid-point from start / NTP through
Contract completion for each of the CP’s and for the SCC 60-80. Using a 3.50% per annum checks
within $20m to the TOP DOWN MODEL output / adj proposed at 3.50% per annum based on the
SCC workbook cash flow calculation as proposed by the Sponsor and which the EPD application
has been based adopting 2.72% per annum.
Table 51 below summaries the results of the mid-point sensitivity analysis and the PMOC contents
the Sponsors assertions that changing to a mid-point using a higher rate produces a saving is
incorrect.
Table 51 Comparative Analysis of Different Inflation Rates Adopting a Mid-Point
Calculation
In summary, the Sponsor-provided base cash flow was used to show how the top-down model in
the Inflation tab of the SCC Workbook provided a difference of 0.28% ($20.8M) when comparing
the difference between the FTA top-down model and midpoint analysis at a rate of 3.50%. The
The PMOC finds there will need to be some adjustment to the base escalation of the cost estimate.
The inflation/escalation factors are not appropriate and are shy of other published national figures
from ENR (5%), BLS (4.16%), and ABC (3.50%) using data from May 2020 to April 2021. ENR
in their last weekly construction report indicates that there is a shortage of specialized labor. At a
minimum, the Sponsor should consider using an historic 3.50% to the midpoint of construction
adjustment to base year dollars to adequately capture the project’s escalation.
01
S17017
P0509 01 S17017 AB CD EF
AB
CD
EF
P0509.01.S17017.AB.CD.EF
Where the Level 0 – P0509 is the project
Level 1 – 01 is the Work Element
Level 2 – S17017 is the Contract
Level 3 – AB is the Task
Level 4 – CD is the Sub-Task
Level 5 – EF is the Work Package
It appears the WBS built in the schedule covers all the required pieces of the contract and does
leave room for any additional scope that might be added.
The schedule contains all the require sections to cover the scope. The WBS has been created to the
scope of work.
Basis of Schedule Review
BSVII Basis of Schedule was prepared to document the schedule preparation methodology as a
means of understanding the schedule of the Bay Area Rapid Transit (BART) Silicon Valley Phase
II Extension Project (BSVII or the “Project”). This Basis of Schedule describes the schedule
development process methodology and approach taken to develop the Integrated Master Project
Schedule (IMPS), including Work Breakdown Structure, project delivery and construction
packages, and schedule logic.
The management of the schedule will be performed by technical leads from VTA, BART, VTA’s
Consultant Team, and other consultants and contractors will regularly participate and provide
monthly schedule updates.
Scope, schedule, and cost variables on the Project are supposed to be interdependent however it
was found that the cost in the schedule were not the same as those within the cost estimate.
The WBS is to be followed to ensure reporting consistency as outlined in the Cost and Schedule
Control Procedure. The contract language shall also follow the WBS for work packages and cost
There are fifteen (15) activities being performed out-of-sequence, and eleven (11) Milestones with
invalid relationships.
There is a continues critical path from the current data date to the Start of Revenue Service which
is the last activity in the project.
The project is broken into ten (10) different schedules:
P0509 01 BSV Phase II Project – Professional Services
P0509 02 BSV Phase II Project – Right of Way Acquisition
P0509 03 BSV Phase II Project – Design
P0509 04 BSV Phase II Project – Advertise, Bid & Award
P0509 05 BSV Phase II Project – Utilities
P0509-06 BSV Phase II Project – Permitting
P0509 07 BSV Phase II Project – Construction
P0509 08 BSV Phase II Project – Vehicles
P0509 09 BSV Phase II Project – Testing and Commissioning
P0509 10 BSV Phase II Project – Summary