Lessons Learned:
Project Construction Adjacent to MTA Infrastructures
Broadway Construction Group has a strong track record of successfully addressing the various complexities of building projects adjacent to and on behalf of the MTA. We welcome any opportunity to assist clients who are considering a development that involves the MTA. Sharing our experience in navigating the risks and rewards of developing such challenging projects is where we believe we add value to our client’s vision.
Our experience has been that the earlier in the design process we engage the MTA the easier it is to align their goals with the project’s goals and expectations.
Preconstruction Phase
Broadway Construction Group (BCG) regularly advises clients that any public or private-sector entity engaging in construction activities within 200 feet of MTA property must file their plans with the MTA. MTA’s primary focuses during the plan review are ridership and employee safety, and to ensure that their infrastructure is protected and preserved.
BCG typically participates in the MTA maintained program to aid both public and private-sector developers and contractors entitled the “External Partner Program (EPP)”, that provides guidance to designers, contractors and developers through the technical implementation of projects requiring MTA review and approval. The private-sector contact is at MTA Adjacency Projects Team, who can be contacted at EPP-Adjacency@mtacd.org.
The MTA also maintains a development support team for projects that either wish to improve the MTA transit system as part of their project or who are required to do so by local land use/zoning code. BCG has successfully worked with the Transit-Oriented Development Team (TOD) on a number of projects, and they can be reached at TOD@mtacd.org. We highly recommend that they be brought on board particularly during the early development phases.
Insurance Requirements for the project may be more restrictive for projects adjacent to MTA infrastructure, than anticipated. BCG has the resources to assist with the early evaluation of the anticipated insurance costs so the development team can include these cost projections into the project budget.
BCG has found that the MTA’s design review process is well defined, with review cycles that are at least 45 days, and can often involve significant revision cycles. Our experience constructing project adjacent to and on behalf of the MTA, can assist the design professionals with being responsive to the design parameters MTA requires and assure their contract documents are responsive to any feed-back from MTA reviewers.
Owners should also be well versed in the MTA requirements that will be imposed on their project and should be sure that adjacent property agreements are inclusive of MTA requirements, including additional monitoring devices and access for visual inspections. BCG has assisted with, and in some instances lead, negotiations with adjacent property owners. We stand ready to aid to whatever degree needed.
BCG is well versed in identifying the added complexity of performing such work adjacent to MTA infrastructure, and with evaluating for additional cost impact on means and methods of construction and certainly for likely extension of project schedule. What we find often missed is the impact on the tail end of construction; the MTA, even with the guidance of EPP is a methodical and bureaucratic organization. For example, securing a Certificate of Occupancy for the main project is sometimes tethered to securing the Temporary Certificate Of Occupancy for an ancillary portion of a MTA project.
Additional costs BCG evaluates and attempts to mitigate during pre-construction procurement:
1. Increased durations in the project schedule ranging from 5% to 20% depending on SOE, foundation, and crane logistics, or by limited access to MTA infrastructure.
2. Increased or required use of MTA flagmen to access portions of the MTA infrastructure.
3. Training and certification of trades to have requisite MTA NYC Transit Track Safety Certificate – which is required for every worker that may have to do work in the MTA’s track right-of-way.
4. Costs for the MTA mandated Field Inspector(s), who may be required to be on site 4-8 hours per day during any activity adjacent, in or above the MTA’s line of influence for the project.
Construction Phase
As mentioned earlier, construction phase work will be impacted by the extensive protective restrictions required by the MTA. This is primarily due to much of their infrastructure being decades old and susceptible to significant damage from vibration and water infiltration.
Measures BCG advance for a successful working relationship with MTA during construction are:
1. Make sure the key BCG personnel and design consultants are available early and frequent for meetings with MTA construction personnel.
2. Secure all monitoring services well in advance of construction start, including installation of optical and vibration monitoring. Once installed, BCG Superintendents make sure to schedule a pre-construction inspection of the installation with the MTA designated project manager and/or field inspector.
3. Make accommodations for a seating/workspace for the MTA field inspector – who is typically required to be on site during all vibration generating activities (drilling, excavation, etc.) adjacent to MTA infrastructure.
4. BCG Project Managers regularly share the project schedule with MTA field inspector and include them in any pre-construction meetings related to work they need to monitor (SOE and concrete foundation, hoisting adjacent to elevated tracks, etc.).
5. SOE and foundation drawings must be reviewed and approved by MTA before being submitted to the NYC Department of Buildings (NYC DOB). BCG always includes this as a separate scheduled activity duration, to be tracked in the project schedule.
6. If the base project includes infrastructure improvements to the MTA system (new egress or entry stairs, tunnel connection, etc.) then heightened interaction with EPP Project Manager is needed.
a. BCG leverages the trust it established with its MTA relationships to assist with expediting services from other public agencies and utility providers – as MTA maintains preferential treatment from such public and quasi-public entities.
7. Regardless of the complexity of the MTA component in your construction project, it is important to maintain regular communications with the MTA designated PM from EPP.
a. We find they will be more inclined to assist you when you run into an issue if we have maintained regular progress updates with them and have established a relationship with the EPP representative.
b. Even with all our MTA experience BCG personnel continue to ask questions early, inquire about next steps, and remember the best way to successfully close out an MTA project is to start the close out process on the first day of construction.
i. We continuously work with EPP to learn what policies may have changed, what new check lists are being used by MTA, what forms and departmental procedures may be necessary for your unique location or project scope.
Notifications to MTA:
1. Any time a large piece of equipment is placed within their line of influence, this may include installations well past the SOE, foundations or even the building top-off phases (i.e., landing of roof top equipment, unitized façade components, inserting or removing scissor-lifts, assembling or disassembling hoist, etc.).
2. Also, MTA should be notified of any unforeseen conditions found (i.e., unmarked water pipe into their tunnel, rock in subgrade not anticipated from the geo-technical reports, etc.).
3. Even relatively minor deviations or changes, typically handled as a post approval amendment (PAA) with NYC DOB, should be pre-approved by the MTA. BCG always advocates that to avoid a partial or full stop order from the MTA, it is a best practice to seek approval from MTA first rather than seek forgiveness later. Such delays/stop work orders from MTA often result in extensive resubmission of updated drawings and details for MTA approval.
