Using available data and a series of in-depth interviews with relevant stakeholders inside and outside of government, this report investigates the current capital street infrastructure implementation process in NYC and builds on past and present efforts to improve project delivery. “Building Better Streets” identifies an actionable agenda for how to transform aspects of the current street infrastructure delivery process that are failing.
Key Findings and Recommendations
For a wide range of reasons, land, personnel, material, administrative and other costs are higher in New York than in any other U.S. city, as well as most international cities. Some of this is the result of New York’s density and complexity. But among the biggest reasons are the inefficiencies and slow, duplicative processes that are built into every stage of project delivery, from the time a project is allocated funding to the point of completion.
As of September 2022, large right-of-way projects currently underway in the City’s capital program (street reconstruction, bridge work, water main and sewer projects with budgets of $25 million or more) are, on average, projected to take nine years from the start of design to completion of construction, according to data from the NYC Capital Projects Dashboard. Some projects were completed faster for less than originally anticipated, while other projects were delayed by much more than the average. This timeframe is partly because project timelines are often extended due to changes in project scope, unexpected site conditions, procurement delays, change orders, and the number of time-consuming steps it can take to resolve any of these bottlenecks.
The longer a project takes, the more it costs. As of September 2022, the projected completion date for large right-of-way projects increased by 60% and their projected budgets increased by 54% from their earliest reported budget—in part due to inflation and the rising costs of supplies and labor, but also because schedule changes are costly to the contractors doing the design or construction work.
Three factors further exacerbate inefficiencies in the project delivery process and make it particularly difficult to build a modern street network that includes protected bikeways, broadband, and green infrastructure:
Balkanized ownership and responsibilities among government agencies and asset owners: Multiple City, State, and privately-held companies own and operate the infrastructure within the right-of-way. These City and non-City agencies struggle to coordinate their responsibilities and priorities in the shared space.
Outdated and siloed data and management systems: New York City lacks a comprehensive dataset for its subterranean infrastructure. As a result, unknown underground assets can appear unexpectedly on site. Projects then need to be delayed or rescoped while these unforeseen complications are addressed. In addition, outdated systems compound slow procurement and payment processes, which are critical to efficient project delivery.
Lack of holistic planning for a re-envisioned right-of-way: Holistic planning in the right-of-way involves creating and propagating innovative infrastructure that is inclusive and equitable, including bikeways, broadband, and green infrastructure. These types of infrastructure need to be implemented at a faster pace and incorporated into plans for street reconstruction and maintenance. This would not only speed up their implementation; it would also lead to more integrated systems with projects that efficiently deliver multiple benefits.
There has been some progress in recent years to improve capital project delivery in NYC. The duration of projects overseen by the Department of Design and Construction (DDC), which manages much of the City’s street, water, and sewer projects, has been reduced by eight months since 2019. The MTA has also made significant progress in reforming its process and reducing the time it takes to deliver projects.
Mayor Adams’ administration has committed to implementing a reform agenda that could greatly accelerate progress for all City capital projects. His Capital Process Reform Task Force (led initially by First Deputy Mayor Lorraine Grillio and now by Deputy Mayor for Operations Meera Joshi) produced 39 recommendations in January 2023, nine of which require action by the New York State legislature.
Implementing and building on this agenda will require sustained prioritization by the Mayor and his team. It will also require buy-in from other players, including Governor Kathy Hochul and the New York State legislature. The challenges of projects within the right-of-way also call for more coordinated efforts among City and State agencies and private utilities. The following recommendations will help ensure that current efforts will lead to sustained, long-term improvements.
The New York State Legislature and Governor Hochul need to enact the legislative proposals made by Mayor Adams’ Capital Process Reform Task Force. These include giving New York City permanent authority to use alternative project delivery mechanisms, such as progressive design-build; allowing for standard industry practices, such as electronic bidding; and changing or consolidating redundant and outdated procedures.
The Mayor should set and measure performance on aggressive, multi-year targets that include faster and more cost-effective delivery of both public and private utility projects. These should include quantifiable goals with multi-year milestones developed in collaboration with State agencies and private utilities.
The Mayor and City Council should provide the funding, personnel, and training to develop the human capital needed to implement these reforms. Promising reform efforts often fail to deliver because the people who have to implement them don’t have the resources, skills, or incentives to carry them out. Operations budgets need sufficient funding to hire staff, preserve institutional knowledge, and improve skillsets to deliver these reforms. Civil service laws, human resource practices, and agency commissioners need to create a workforce culture that encourages collaboration and innovation.
The Mayor’s Office should develop a unified system for analyzing and improving project delivery. The multiple, inadequate databases that currently exist make it nearly impossible to track and analyze where precisely bottlenecks occur and what systemic improvements are needed across project types, agencies, and geographies. A capital project tracker required by City Council Local Law 37 and championed by City Comptroller Brad Lander is under development to address some of these shortcomings. In addition to providing the intended transparency for individual projects, the process of creating the tracker should also be used to unify and improve data systems to enable much more robust analyses of project delivery across City projects and facilitate their continuous improvement.
The Mayor, with the collaboration of private utilities and the MTA, should complete three-dimensional mapping of underground infrastructure and develop protocols for information sharing. A fully interoperable system for identifying the location of all subsurface infrastructure—with appropriate measures for sharing data while protecting security and proprietary information—could greatly reduce the costs of project scoping, utility relocation and change orders, while improving emergency management, climate resilience, and smart infrastructure systems. The Mayor’s office has applied for a federal grant to continue an effort started by New York University and the NYC Geographic Information Systems and Mapping Organization (GISMO) that will help meet these goals. To succeed, this effort will need sustained commitment from City Hall and the cooperation of private utilities, which are regulated by the NYS Public Service Commission, and the MTA’s subway and capital construction divisions.
The Mayor’s Office should lead an effort that includes the Departments of Design and Construction, Transportation, and Environmental Protection, private utilities, and the MTA to evaluate benefits and identify potential locations for future utility tunnels. Utility tunnels that contain conduits for multiple types of infrastructure can preclude the problems of tangled infrastructure and reduce the number of times that streets need to be dug up. While the construction of new tunnels would be an initially costly and disruptive undertaking, there is a body of academic research that suggests the life-cycle benefits of utilidors could far exceed those costs, particularly when constructed simultaneously with projects that would already require extensive street reconstruction.
The Mayor’s new Chief Public Realm Officer should synthesize interdepartmental street planning efforts and promote multidimensional infrastructure. Specific actions should include aligning planning efforts across agencies to develop shared benchmarks and goals for infrastructure that improves climate resilience, internet access, and equitable access to green space. These milestones could be achieved through the current update to PlaNYC/OneNYC and incorporated into the NYC Streets Plan, which currently includes benchmarks solely for transportation uses. The Chief Public Realm Officer should also be empowered to integrate multi-agency planning for street corridors that incorporates effective community engagement and promotes new types of projects that deliver multiple types of benefits.
Empower the Department of Transportation with greater capability to implement capital projects in the right-of-way. Many protected bike lanes and other public realm projects could be implemented without going through the process of full street reconstruction, which involves a more complex process, larger budgets, and longer timelines. For these kinds of projects, with access to specialized contractors, DOT could use its own staff to create raised bike lanes alongside the curbs of certain streets with asphalt and barricades.
Implementing these reforms could plausibly save over $1 billion per year.
Estimates of the costs of infrastructure project delays vary, but studies indicate that each year of reduction in a project’s timeline conservatively reduces its costs by 5%. It’s reasonable to assume the reforms proposed by Mayor Adams’ task force — with the additional actions proposed in this report — could reduce project time frames by an average of two years for all capital projects, including but not limited to projects within the right-of-way. DDC is already projecting that it can reduce project times in its portfolio by an additional 14 months. With the City currently projecting annual capital expenditures of $13.6 billion in its FY 2023-2026 Capital Commitment Plan, a ten percent savings from a two-year reduction in the time it takes to deliver capital projects could reduce cost by $1.4 billion per year. Many of these recommendations would also substantially reduce delays and costs for MTA and private utility infrastructure.
The proposed reforms are only part of what could be achieved with more consensus-building and political will. Other deeply embedded cost factors, such as limited firm competition, stringent work rules, long environmental review processes, and liability requirements (such as New York’s unique Scaffold Law) could potentially be reformed to achieve similar or even better health, safety, and environmental outcomes at a lower cost. Addressing these issues would be even more challenging than reforming the capital project delivery process, but the benefits could be greater as well.
Because of this expansive network, NYC’s street infrastructure is in constant need of repair and adaptation. The Department of Transportation deems 30.4% of the city’s roads to be in only “fair” or “poor” condition. Con Edison reports that as much as 2% of gas is leaked before it can make it into homes due to faulty pipes. And since 1998, there have been hundreds of water main breaks documented across the city each year. The NYC Streets Plan, issued in 2021, presents a blueprint for a more diversified, inclusive, and sustainable street network. The plan is an interpretation of a nationwide vision for “complete streets,” which are pedestrian- and cyclist-friendly streets that are safer for people of all ages and abilities. Visions like the Streets Plan are integral to the kind of transformation NYC streets require.
But this plan is only one piece of the puzzle. As articulated in RPA’s 2021 report “Re-envisioning the Right-of-Way,” to achieve a more comprehensive vision for street infrastructure, New York City needs to greatly increase investments in pedestrian, bike, and green infrastructure, and to transition from a car-oriented right-of-way that currently devotes 77% of surface area to auto-related uses to one that better serves pedestrians, micromobility, and multi-modal travel. To achieve this transformation, NYC needs to change the way that infrastructure is built, maintained, and governed.
Transforming NYC’s streets for the better requires having a fast, efficient, and effective capital street infrastructure delivery process, which is a far cry from the chronic delays and cost overruns caused by inefficiencies in the current process.
Most wealthy, high-income regions have high land and personnel costs across all industries, which, to a large degree, are the result of high demand for the scarce amount of land in accessible locations and the education and skill levels of the workforce. New York in particular needs to pay higher salaries to compete with other regions that have lower costs of living, especially for housing.
In addition to these constraints, which apply to almost all infrastructure projects, the complexity of building in a densely packed, 24-hour metropolis with aging infrastructure is a particular problem for projects in the NYC right-of-way. To keep things running as smoothly as possible, the City, the MTA, and energy and communications utility companies go to great lengths to avoid interrupting service, damaging other infrastructure and buildings, and disturbing neighborhoods when they need to build or repair infrastructure. Taking these precautions makes construction take longer and cost more.
Inefficiencies in the project delivery process, which are the focus of this report, can result from outdated and overly complex government regulations and industry practices, overlapping responsibilities, slow adaptation of new technology, and sheer bureaucratic inertia. They often manifest in the amount of time it takes to plan, scope, budget, design, and build infrastructure projects. While few would argue with the need to eliminate project delivery inefficiencies, doing so requires reforming long-standing rules and practices that can be complex and resistant to change.
In addition to inefficiencies in the delivery process, City, State, and federal policies impose requirements on public agencies and regulated utilities that increase the cost of construction. Environmental review requirements at all three levels of government can add months or years—and considerable uncertainty—to project timelines. Laws requiring contractors working on public projects to pay a state-defined prevailing wage or policies that limit negotiations over work rules can add significantly to labor costs. Liability requirements add to insurance and legal costs. Limited competition in the industry also increases costs, and government bidding and contract requirements can sometimes make it harder for small or newer firms to compete, but also have the potential to make it easier by reducing the barriers to bid on government contracts that are particularly onerous for these firms.
Most of these policies are intended to protect the rights and wellbeing of those who live and work in the city, and New York has a well-earned record of protecting the environment, improving safety, ensuring fair wages, and minimizing the neighborhood impacts of construction. At the same time, however, the full costs of these policies are rarely measured and weighed against the actual benefits. This is partly because it is difficult to measure both costs and benefits, to put a financial value on health, safety, and the environment, or agree on what constitutes a fair wage or reasonable profit margin. But it is also because there is resistance from contractors, consultants, unions, neighborhood groups, and elected officials to upset the status quo.
The costs of many policies are likely to exceed any reasonable calculation of their benefits.
For example, New York State’s 19th century Labor Law § 240—otherwise known as the “Scaffold Law”—imposes absolute liability on a property owner or construction employer if a worker is injured on site due to a gravity-related incident, as opposed to laws in other states that use other standards to determine the relative share of responsibility held by the owner. As its name suggests, the Scaffold Law originated to protect workers from falls from building scaffolding, but it can be applied to injury to welders, carpenters, electricians, or other construction workers at any elevation, including those working in excavations below street level. While there is disagreement over how much the law increases project costs and whether it improves safety, New York is the only state in the country that has this standard of liability, and it is a big part of the reason that New York has the highest insurance costs of any state.
While it is critical to act now to reform the project delivery process, it is just as important to begin to address these more difficult challenges. Greater industry transparency and further research is needed to provide an accurate account of costs and benefits, in order to build greater consensus and political will for change.
The Cost of Delays
The City, the MTA, state agencies, and private companies pour an estimated $7 billion in capital expenditures in New York City’s streets and subsurface infrastructure annually. This includes $2 billion by the City for roadways, bridges, water mains, and sewers, over $1 billion by the MTA for subway tracks, signals, power and stations, and nearly $4 billion in estimated expenditures by private utilities in electric power, natural gas, and communication infrastructure.
There is significant potential for efficiency savings in the right-of-way, as even the time and cost of permitting street construction takes a toll. According to data from the DOT, 5,864 segments of NYC’s estimated 32,000 total acres of streets were closed in 2021 for construction—nearly one in five streets over the course of the year. A 2017 Bloomberg article reports that NYC streets are dug up 200,000 times every year for repairs and construction, amounting to almost 550 digs per day. Standard DOT permits to dig up non-protected streets cost a minimum of $135 each. At the current rate, the process for acquiring DOT permits alone in order to dig in the right-of-way 200,000 times a year amounts to $270 million.
Extra time to account for delays is often built into a project’s schedule. To an extent, this is prudent project management, but it also obscures the degree to which inefficiencies are accepted as a “normal” part of the process. It should be noted that sometimes delays are necessary and can improve the quality or cost-effectiveness of a project with improved design or efficiencies. However, many delays add considerable time and cost to projects with little or no improvement in project outcomes.
The chart below shows projected timeline and budgets for select capital street infrastructure projects currently underway. Oftentimes, projects that are projected to take longer to complete (because they are larger projects or have been delayed or both) are also projected to cost more.
One reason that delays are so costly is because construction costs have historically risen faster than the general rate of inflation. From 2010 to 2022, the Turner Building Cost Index estimated that construction costs rose 62% — nearly twice as fast as the 34% increase in the U.S. Consumer Price Index. For public projects, these direct costs are almost always absorbed by the government agency sponsoring the project, either from contractor bid prices that factor in expected costs from delays, change orders, or direct agency costs.
Estimating the cost of delays is difficult because there is so much variation depending on the type of project, its location, and general economic conditions in the time period in which a project is implemented. However, available estimates indicate that these costs are substantial. A 2015 report by Common Good estimates that, on average, direct construction costs for national infrastructure projects increase by about 5% for every year that a project is delayed. A 2016 study by the Texas Transportation Institute funded by the U.S. Federal Highway Administration estimated that the cost for a typical freeway construction project in a large metropolitan area goes up by 1.3% for each month that the start of construction is delayed, the equivalent of about 15% annually.
Applying the more conservative estimate, it is reasonable to assume the cost of a capital project in New York City increases by at least 5% for each year of delay. This translates into $680 million for each year of delay in the City’s projected expenditures of $13.6 billion per year. A two-year reduction in the time it takes to deliver City projects, then, is the equivalent to savings of $1.4 billion per year for the City’s full capital plan, and approximately $300 million for City projects in the right-of-way. With every delay, public benefits and resources are also delayed — whether it is reliable transit, faster internet, new bike lanes, or other services.
While it is difficult to quantify just how much various shortcomings in project management contribute to lengthy project timelines, capital project data maintained by the City’s Office of Management and Budget (OMB) offers some insights. Of the 990 right-of-way projects identified by RPA from the 2021-2025 capital commitment plan Project Detail Data, 717 were flagged as having either past or expected delays. Changes in scope and design account for only 14% of the delayed projects. However, as illustrated in the chart below, these projects also have the longest, most drawn out delays of all.
Furthermore, with every project that is delayed for repairs and maintenance, basic public safety is jeopardized. In March 2014, an explosion that resulted from a gas leak collapsed two buildings and killed eight people in East Harlem. Some of the faulty gas lines that require routine inspections are over 127 years old and are in desperate need of upgrades. This particular leak is believed to have been caused by a sinkhole that resulted from a “routine” water main break, which occur on a daily basis throughout the city. Without an efficient project delivery system in place, delays in street infrastructure maintenance don’t just cost time and money—they cost lives.
Stages of the Capital Delivery Process
Delays occur in all stages of the capital delivery process, and street infrastructure projects can face particular obstacles. Many of these delays are avoidable. The seven stages of the City’s process, illustrated in the flowchart below, offer a framework for understanding where and how these delays tend to emerge. Capital project delivery for non-City infrastructure belonging to the MTA, state and federal government, and private utilities differ in some ways that are not explored in detail in this report but nevertheless follow a similar progression from planning through close-out.
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Identifying capital projects to include in the City’s capital commitment plan involves conceptual design, preliminary scoping, cost estimates, vetting with public and private stakeholders, and determining whether the project qualifies for capital funding. All capital project budgets are approved by the Office of Management and Budget (OMB) prior to inclusion in the capital commitment plan. Most of the capital budget (about 75%) goes towards keeping existing projects in a “state of good repair.” The remaining 25% goes towards constructing new projects. Once planning and budgeting is complete, an important step of the process for new projects is the initiation process, which involves “siting,” or identifying the exact location of construction activities and assessing its conditions (such as soil quality, potential safety hazards, or other characteristics) through a series of tests and surveys.
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Some smaller and more routine capital projects occur in-house, but most larger projects are awarded to private contractors. Procurement is the process in which an agency solicits one or multiple contractors’ services for design, construction, or both. This process has several steps and must be conducted under a protocol prescribed by New York State law. For example, all contractors need to submit a full application (including a portfolio of their work) regardless of their previous work with the City. Selecting a contractor can go relatively quickly for simpler projects, but can take months or even years for more complex projects—particularly if the project has to be re-opened for bidding because proposals were inadequate, bids were too expensive, or site conditions changed over the course of procurement.
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In some cases, project designs are contracted out to private entities and, in other cases, projects are designed in-house by the project’s managing agency. For street infrastructure projects, the managing agency is often the Department of Transportation (DOT). Other times, agencies such as the DOT transfer design and management of the project to the Department of Design and Construction (DDC).
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Construction hours are usually restricted to nights and weekends in commercial districts or weekday hours in residential districts to avoid disruption to the many daily business and social activities that take place in the right-of-way. Additionally, to keep auto and pedestrian traffic flowing, streets are generally closed for construction one lane at a time, which contributes to the length of time construction takes. Change orders, which are required whenever there is a change to the project scope or provisions of a construction contract, can substantially delay projects. Change orders also occur when complications arise on site, budgetary constraints alter a project’s scope, or new tasks are added. It can often take months (and even years) to resolve change orders.
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A punch list is a list of relatively minor tasks required to close out a project, such as testing water pressure or newly installed circuitry, painting on protective coats, and buffing out of cracks and blemishes or adding other cosmetic touches. Although these items are usually relatively minute, they play an important role in determining an asset’s usability and longevity. Most importantly, a project cannot officially be closed out until all punch list items are complete.
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Keeping community stakeholders informed and engaged is an important part of building public infrastructure. In many cases, it is mandated to brief community boards on capital infrastructure projects and, in some cases, formal notification letters informing community boards of upcoming street work are required. Beyond these standard practices, however, commitment to and quality of community engagement as a whole vary significantly from agency to agency and from project to project.
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Before construction work can begin—and sometimes at different phases during a project—contractors must obtain permits from City, State, or federal agencies with jurisdiction over different aspects of the right-of-way. Nearly all projects in the right-of-way require a DOT permit at minimum. Depending on the type of project, a number of additional permits or approvals may be required from the Department of Environmental Protection (DEP), the Sanitation Department (DSNY), the Department of Buildings (DOB), the Department of Parks and Recreation (Parks), the Metropolitan Transportation Authority (MTA)/NYC Transit (NYCT), NYS Department of Conservation, the Fire Department (FDNY), the US Army Corps of Engineers (USACE), the NYS Public Services Commission (PSC), the Public Design Commission, and the Landmarks Commission—among others. In addition, all technical aspects of a project need to be justified to the OMB before a “certificate to proceed” (CP) is issued, a process that can take weeks or months.
Causes of Delay and Inefficiency for Right-of-Way Projects
Three overarching issues are particularly problematic for infrastructure projects in the right-of-way, and collectively affect the seven stages of the capital project delivery process, rendering each less efficient, more time-consuming, and more costly. These issues, which are explored in detail in the next section, are:
1. Fragmented Ownership and Responsibilities Among Government Agencies and Utility Companies
There is no single entity that owns or controls all the infrastructure in the right-of-way, resulting in a diffusion of responsibilities for building and maintaining it. The City’s Department of Transportation (DOT) is primarily responsible for the functioning and upkeep of the streets, including many bridges, road surfaces, and street furniture. Water, sewers, and green infrastructure, however, are managed by the Department of Environmental Protection (DEP), and street trees are managed by the Department of Parks and Recreation (Parks).
Image from the DOT Street Design Manual, New York City Department of Transportation.
Other agencies, including the Police, Fire and Sanitation Departments who do not have much jurisdiction over the street infrastructure itself, offer services that keep the streets safe and clean. They also maintain stewardship over the right-of-way by providing permits and enforcement needed to carry out construction. For example, the DOT may call on the Police Department to remove illegally parked cars at a construction site or call upon the Department of Buildings to remove scaffolding that is obstructing the site.
Similarly, the Office of Technology and Innovation (OTI, formerly DOITT) does not own much infrastructure in the right-of-way, but it grants franchises (a license or contract permitting a particular operation or service) to private companies that provide communications and internet services. Another major entity is the MTA, which is responsible for station entrances on the street—not to mention the subway and bus transit services that operate on, above, and below the streets.
Underneath the surface, ownership and responsibilities over infrastructure can be equally complex. While the water and sewer systems are managed by DEP and the subways and commuter rails are managed by the MTA, all the other major underground infrastructure is owned and managed by private utilities: ConEdison and National Grid run steam, electricity, and gas while Verizon, Spectrum, and other telecommunications companies operate phone, cable, and internet service under franchises with the City and are regulated by the New York Public Service Commission.
Global Designing Cities Initiative, National Association of City Transportation Officials — Global Street Design Guide.
Friction and lack of coordination are common both amongst City agencies and between the City and private infrastructure owners. The Department of Design and Construction (DDC), the City’s capital construction department, was created in 1996 to address some of the discordance between City agencies. At the time, the DOT and DEP struggled to coordinate their projects, leading to multiple, unnecessary digs that were costing the City time and money. DDC was to help consolidate and manage these large DOT and DEP street projects.DDC now executes infrastructure projects for over 20 sponsor agencies and, since its inception, has helped the City build thousands of capital projects, valued at over $20 billion.
In spite of this, discordance between City agencies remains a persistent problem. For example, during the design phase (the stage where DDC usually takes over the project) sponsoring agencies, and sometimes even non-sponsoring agencies, may send requests for scope changes, often resulting in conflicts between the sponsor agency’s desired design, DDC’s assessment of the project’s requirements, and OMB’s approved budget. Other interagency conflicts can involve disputes over project jurisdiction, use of city property, budget requirements, legal interpretations, the time it takes to get sign-offs for approvals, and other issues.
For some projects, the City has turned to public benefit corporations, such as the Economic Development Corporation (EDC), that are governed by Mayoral appointees but are not subject to the same project delivery regulations as City agencies. This means they can often deliver projects faster with less red tape. However, they do not own or operate the assets they work with and have no jurisdiction over any public space, including streets. So, while these non-profits help foster collaboration between the public and private sectors, they too have little ability to negotiate interagency dynamics in the right-of-way.
Fragmented jurisdiction over the right-of-way also makes it harder to resolve physical and logistical conflicts. Frequently, during construction, an unexpected pipe or other asset owned by a utility company presents an obstacle to the project. Negotiating removal or forcing removal of such obstructions takes time and money. For example, the MTA spent approximately $250 million relocating obstructive utilities to build the first phase of the Second Avenue Subway.
2. Outmoded and Siloed Data and Management Systems
One consequence of the multiple, siloed responsibilities amongst agencies in charge of the right-of-way is that data and information are also chronically siloed. Each agency and utility has developed its own data and project management system, each with their own nomenclatures, metrics and tracking protocols, and with their own update and maintenance schedules. This exacerbates the problems of project management, utility relocation, and coordinated street planning.
Perhaps the most critical gap is New York City’s lack of a single, comprehensive data system for its subsurface infrastructure. Because there is no centralized data management system for underground infrastructure, little is known about where many assets are located relative to other agencies’ and utility companies’ assets. One consequence of this disorganization is accidental strikes to underground infrastructure, which currently costs the city $300 million every year, as reported by Bloomberg.
According to Project Detail Data from the OMB, unforeseen site conditions are the cause of 34% of the reported delays for right-of-way projects. Combined with delays due to sudden changes in scope or design (which comprise 17% of reported delays), these add up to more than half of all reported project delays being attributed to some kind of unexpected change. Some of these unexpected changes are reflected during the project initiation and design phases from a lack of knowledge of site conditions. Other times, these conditions are not known until the construction phase and result in the project undergoing a change order and complete redesign.
Underground “Spaghetti”
Due to a lack of a comprehensive map or database of the underground, it is often not until the right-of-way is excavated that the configuration of the “spaghetti” entanglement of wires and pipes that lies beneath the surface is known. Faced with these unforeseen conditions, contractors often have to halt work and seek re-authorization for handling the obstacle and continuing the project. Some agencies are increasingly sending out construction managers (CMs) to appear on-site in case such unforeseen circumstances arise. These managers can often address site conditions in real time, which reduces the risk of project delay. But the MTA is currently the only agency to have CMs present at every construction site.
In addition, government technology and technical capabilities are often outdated. Although there are efforts to digitize and update systems, a surprising amount of transactions and information storage are still done on paper. For example, during the procurement phase, New York State law requires submission of paper bids for contractors in most cases. Even where information is digitized, it is often published in a portable document format (PDF) and not in a data spreadsheet. Compared to spreadsheets, information in PDFs is not readily accessible for manipulation or analysis.
Data is collected by different agencies for different purposes, and rarely in a format or with sufficient detail that allows different sources to be aligned or compared. Based on interviews with staff in different City departments, this is not just a problem for outside analysts, legislators, or the public trying to evaluate the City’s performance in delivering its capital program. It also impedes managers and staff within City government from understanding and addressing bottlenecks, or even agreeing on basic measurements, such as how long it takes to complete tasks or process approvals.
Other outdated practices that impede capital project delivery and cause delays have less to do with outdated technology and more to do with outdated procedures. Systems and procedures are embedded in long-standing practices that are resistant to change. Both statutory and budgetary constraints make it exceedingly difficult to keep technology, workforce skills, and administrative rules up-to-date with the needs of a modern city.
When it comes to the procurement phase, for example, most capital infrastructure projects use the traditional design-bid-build method, which requires projects to be put out for bid at least twice: once for a design contract and later for a construction contract. This method still makes sense for smaller and relatively straightforward projects. However, this is no longer the global best practice for large, complex projects. Separating design and construction contracts can add a significant amount of time to the total length of the procurement phase.
More importantly, design-bid-build does not allow for the efficiency of an integrated team in which architects, engineers and construction managers can blend their expertise and more easily make needed course corrections during construction. Selecting contractors in this fashion can make projects more susceptible to problems and change orders during the construction phase. This, in turn, makes projects more costly and causes further delays.
3. Lack of Holistic Planning for a Re-envisioned Right-of-Way
The multidimensional nature of infrastructure systems in the right-of-way calls for a more holistic and innovative approach to project planning. A holistic approach is one that seamlessly integrates multiple infrastructure types and purposes. This is particularly true for much-needed but less prominent infrastructure types that are ill-suited to an auto-oriented street network, such as wider sidewalks, bikeways, express bus lanes, pedestrian plazas, and outdoor dining. All of these infrastructure types require space that is currently devoted to motor vehicle traffic and parking.
Furthermore, newer, more modern infrastructure types—such as bikeways, broadband, and green infrastructure—need to be layered on top of existing street infrastructure. These have their own unique set of project delivery challenges. Inefficient delivery processes for existing, traditional infrastructure can create bottlenecks in the delivery of these and other types of new, more modern infrastructure. Too narrow a vision for what street infrastructure could look like impedes innovative, symbiotic project design that could address multiple objectives. Bikeways, broadband, and green infrastructure are good examples of why we need to rethink the way we plan and deliver street infrastructure more holistically.
Bike New York
Bikeways include the full range of bike lane typologies found in the city today. They can be paved or unpaved, dedicated to bicycles or shared with other vehicles, protected or unprotected.
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Recognizing that biking is a more affordable, efficient, sustainable and equitable way to travel around the city, New York has made great strides in rendering the city a more bike-friendly place. Safe cycling has been made a priority beginning with the Bloomberg Administration under NYC DOT Commissioner Janette Sadik-Khan, and continuing through the de Blasio Administration’s Vision Zero efforts into the Adams Administration’s commitments to the public realm. Today, NYC has over 1,400 miles of bike lanes, though fewer than half (590 miles) are protected.
As a form of surface-level infrastructure, bikeways must be safe, practical, and aesthetically pleasing. Therefore, the design process for bikeways is typically the slowest and most labor-intensive stage in their delivery because multiple City agencies and community stakeholders get a say in where bikeways are located and how they will look. Due to their design, bikeways are also likely to be completed in multiple phases rather than all at once, which complicates the budgeting process and the construction process. If elected officials are not actively supporting bikeway projects on behalf of an interested public, they tend to get lost in the pipeline and never end up getting constructed.
Bikeways that include protected lanes represent the greatest opportunity to meet the goal for safe cycling on city streets. However, the vast majority of existing protected bike lanes (excluding greenways) have not been constructed through the capital process. Instead, they are carried out using tools available to DOT, including surface level treatments, such as paint, bollards, barriers, and re-configured parking. This leaves bike lanes subject to incursions from vehicles, and are all-too-often fragmented and incomplete.
If capital-constructed, protected bike lanes are to proliferate, they will require a great degree of front-end planning. Greater flexibility in construction processes (including less intensive construction) in combination with a select template of designs will also be necessary, as will the leadership to prioritize these projects among other tasks. Making capital investments in bikeways would transform the role that they play in urban design, leading to a safer, more bike-friendly right-of-way. Conflicts or synergies with other uses, from bus lanes to outdoor dining, will need to be addressed, and coordination with other street construction projects will be needed to minimize street closures.
Jim Henderson
Broadband, delivered primarily along the street network, refers to technologies with a high capacity for transmitting large amounts of data, voice, and video at much higher speeds than “dial-up” services provided via copper telephone lines.
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Broadband infrastructures includes coaxial cables, fiber optic cables, and wireless services transmitted via satellites and cell networks. Unlike the maintenance of roadways, gas, and sewer lines, new investment in broadband is constantly needed to keep up with rapidly changing technology and increasing demand. Nearly all of this infrastructure is built and maintained by private companies—both large firms (such as Verizon and Spectrum) and smaller firms that have a contract with New York City to provide these services and are regulated by the New York State Public Service Commission.
Connecting buildings to broadband conduits underneath the street can be disruptive to street traffic and difficult to coordinate with other street work. Therefore, delays in getting permits for both above ground and below ground work significantly impedes New York City’s ability to compete with other cities in the deployment of broadband and 5G technology. During an interview, one broadband infrastructure provider reported that it can take an average of two to three years to obtain necessary permit approvals to install the small cells needed to implement 5G on street poles and other city assets. Another provider reported that franchising and permitting fees in NYC can be twenty times higher than in other parts of the country. Unlike infrastructure owned by City agencies where cost overruns are primarily shouldered by taxpayers, it is generally broadband customers who have to pay the price through their subscription fees.
When it comes to the planning phase of broadband projects, it is important to consider that many providers in the broadband network depend on high traffic and utilization to operate efficiently. Due to its competitive nature, broadband providers tend to be clustered in high-demand areas, leading to substantial gaps in service in areas with lower demand but greater need. The availability of high-quality internet access is only one cause of this digital divide—with the cost of both service and hardware being other factors. But fewer service providers in a location means less competition, which affects both price and service availability. Consequently, as of 2021, 27% of New York City households lacked a combination of home and mobile broadband, including 8% who lacked both. Low-income, Black and Latino households had substantially lower shares of home and mobile broadband, with 36% of poor households lacking broadband service at home.
To bridge the digital divide and provide universal access to high-speed internet service, New York relies on regulation and incentives for private providers. To be successful, this approach requires a strong partnership between public and private sectors with a high level of expertise, well-written agreements, and effective oversight on the part of the City.
Compared to other types of infrastructure, the rapid growth in demand for broadband and equally fast-paced changes in its delivery make broadband even more sensitive to the delays that result from changes in leadership or priorities. The Internet Master Plan, which was developed over several years by the de Blasio administration, was in its procurement phase when the Adams administration paused, reassessed, and eventually canceled the plan. In its place, the City has initiated programs such as Link5G—which installed its first kiosk in July of 2022— —and Big Apple Connect, to bring free high-speed internet service to NYCHA residents.
While changes in direction are common when there is change in administration or commissioner, these types of disruptions affect private investment decisions in broadband and can make it more difficult for the City to keep pace with changes in the industry. Incorporating broadband into a more comprehensive approach to planning street infrastructure could ameliorate some of these challenges. Access to buildings and street poles could be considered in street design and better coordinated with water, sewer, gas, and electricity installation and maintenance. From projects’ inceptions, designs for plazas and other public spaces could incorporate plans for wireless access that are inclusive and appropriate for the site rather than handling installations during or after construction when they are less likely to be prioritized.
NYC DEP
Green Infrastructure is defined by the 2019 Water Infrastructure Improvement Act as “the range of measures that use plant or soil systems, permeable pavement, or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters.”
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Traditionally, green infrastructure was dedicated to serving a variety of water management practices and measures that captured, filtered, and reduced polluted stormwater runoff in order to meet clean water goals. Now, it is employed to tackle a variety of environmental issues, including flooding, extreme heat, air quality, and habitat restoration. It is perhaps the most dynamic infrastructure type, serving pedestrians and quieting traffic in addition to addressing flooding and climate impacts.
There is usually a menu of “plug-and-play” designs for green infrastructure that have been implemented hundreds of times over, ranging from rain gardens to porous pavement to infiltration basins. These “cookie cutter” designs that are characteristic of many green infrastructure projects facilitate their design and construction because they are well-established and, therefore, easier for contractors to build. This standardization makes the process more predictable and faster, but the pace of implementation still lags well behind the need. It also leaves little room for innovations.
Labor shortages can play a particularly significant role in delays during the siting and design process for green infrastructure projects. Waiting for drillers and geotech surveyors to become available and produce accurate assessments of site conditions can take months. Due to inactivity during this time, other agencies can claim the site for another use, and attempts to regain the site may result in further delays. In some scenarios, there can be delays in acquiring the site to begin with, which was the case for the Tibbetts Brook project in the Bronx. This project is one of the rare times where “building” green infrastructure actually involves tearing down gray infrastructure to reveal natural areas that have been buried by layers of concrete and asphalt for decades or centuries. This process, known as “daylighting,” is one of the lesser utilized methods for creating green infrastructure, but highly effective.
Tibbetts Brook is a prime example of the challenges in implementing non-standardized green infrastructure projects. The project has been underway since 2018 after having been delayed for decades because it involved demolishing a former railroad along the Major Deegan Expressway owned by the CSX Transportation company, which was reluctant to sell their land for the price the City originally offered. The project finally broke ground after decades of disagreements. Not only will the new Tibbetts Brook reduce combined sewer overflows into the Harlem River by 25%, but it will also become a beautification project equipped with a scenic greenway that is accessible to bikes and pedestrians. Green infrastructure projects, such as Tibbetts Brook, are particularly amenable to a multidimensional approach for street infrastructure since single projects can be designed to deliver multiple benefits.
Planning for green infrastructure is still largely siloed from other street planning. The city’s recent expansion of its Cloudburst Management program—which brings together multiple agencies, led by the DEP, to focus on using streets and other city assets to manage extreme precipitation—serves as a good model of cross-agency collaboration towards innovative solutions, and should be emulated throughout the city.
Fully incorporating green infrastructure as part of a more holistic capital project delivery process can reduce costs by lessening the demands on more traditional, less environmentally-friendly infrastructure, such as sewers. In fact, the advent of green infrastructure has already notably changed the way that many cities view their sewer systems in the face of climate change and the increased risk of severe storms. For example, where traditional sewers were designed to hold the vast majority of stormwater, cities such as Milwaukee that are updating their sewer system for the first time in decades are rebuilding them to hold only an additional 40 million gallons over the next 15 years while the city’s green infrastructure is slated to hold a massive 740 million gallons—essentially reversing the ratio.
All of the issues cited above stand in the way of building the infrastructure needed for a more modern, multidimensional street network. This section offers several recommendations to improve the way we build, maintain, and govern this infrastructure. Some of these solutions pertain to all types of capital projects. Others are specific to the challenges of infrastructure projects within the right-of-way.
Recent Progress and a New Push for Reform
Improvements are being made at the federal, state, and city level to improve the capital infrastructure delivery process and reduce the time it takes to complete projects.
The Biden administration issued an Action Plan for Accelerating Infrastructure Projects in October 2022 following the passing of the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) in 2021. The action plan touches on many of the same issue areas and recommendations raised in this report to expedite the infrastructure delivery process and use federal dollars to their fullest potential during the next five to seven years of rollout. The guide includes recommendations to support alternative delivery approaches, address the root causes of change orders, and implement more workforce training.
New York State and New York City have also made significant progress in the last few years. The MTA, which is officially a public benefit corporation run by the State, has made significant progress in implementing recommendations from a 2018 Board-Staff subcommittee to reduce red tape, improve project management, and improve partnerships with contractors. And at the city level, since 2019, the average time it takes to complete projects overseen by the DDC has decreased by 10%—mostly by improving front end planning and coordination, which has saved millions of taxpayer dollars in the process.
Most recently, Mayor Adams convened a high-level Capital Process Reform Task Force chaired by First Deputy Mayor Lorraine Grillo. Its 2022 Year-End Report includes 39 recommendations to improve early stage planning, reform procurement, streamline approvals, expand the use of tools (such as Expanded Work Allowance, which helps keep work moving while a change order is being processed), increase the participation of minority and women-owned business enterprises (M/WBEs), manage projects more effectively, and improve performance management and reporting.
Most of the recommendations can be implemented by Mayor Adams and the agencies reporting to him under existing authority. A few of the recommendations would require City Council approval, and nine would require State legislation. Many of the specific task force proposals are referenced in the RPA recommendations below.
If fully implemented, the task force recommendations would substantially lower the time and cost to deliver public infrastructure projects in the city. With continued prioritization by the City, its partners in State government, and the private sector, the task force’s release could mark a turning point in the long effort to build the infrastructure that the city needs affordably, effectively, and efficiently. However, reform efforts launched by task forces and blue-ribbon commissions are notorious for failing to achieve their goals or live up to their original promises. Success will only be possible if other levels of government and the City’s private industry partners act in concert, and if the City sustains its commitment to continuous improvement.
The first four recommendations below are intended to help implement and build on the Capital Process Reform Task Force proposals and goals. Recommendations 5-8 are more specifically focused on the particular challenge of building multi-dimensional infrastructure in the street right-of-way.
Fixing the Capital Process Delivery Process
1. The New York State Legislature and Governor Hochul need to enact the legislative proposals made by Mayor Adams’ Capital Process Reform Task Force.
Numerous state laws constrain New York City’s ability to improve its capital delivery process. These restrictions range from preventing online submission of bids for city contracts to limiting the use of appropriate procurement and project management tools. Temporary authority granted by the New York State legislature in 2019 to use a single contract to procure a firm or team for design and construction under Design-Build (DB) shows what is possible when restrictions are loosened: Using DB, the Department of Design and Construction (DDC) estimates it will save $800 million on change orders alone and reduce project duration by an average of 2.1 years for 19 projects in its DB program.
In 2023, the Legislature and Governor should act on the nine legislative proposals made by the Capital Process Reform Task Force:
Allow for construction contractors to submit bids electronically to expedite approvals.
Give the City’s Procurement Policy Board the ability to change the current threshold that requires projects over $100,000 to have a public hearing in order to move smaller projects along faster.
Increase the small purchase threshold for Minority/Women Business Enterprises (M/WBEs) to $1.5 million, as consistent with other public entities, to diversify eligible contractors and incentivize more M/WBEs to bid.
Give New York City the authority to use Progressive Design-Build for contractor procurement, which would allow for collaboration between design and construction teams as a project is being scoped.
Grant New York City the authority to use Construction Manager-Build and Construction Manager-at-Risk protocols to allow City agencies to hire a construction manager to procure and supervise construction.
Create a pilot program in which contractors would have the option of using the New York State Insurance Fund to reduce high insurance costs.
Allow the City to expand owner-controlled and contractor-controlled insurance programs already used by state agencies, such as the MTA, to achieve significant savings and expand M/WBE participation.
Grant DDC the authority to bypass redundant oversight steps and outdated procurement regulations. Enabling legislation should ensure that this authority comes with adequate transparency, oversight, and criteria for projects that would be included in its portfolio.
2. The Mayor should set and measure performance on aggressive, multi-year targets that include faster and more cost-effective delivery of both public and private utility projects.
The Task Force has outlined an ambitious but achievable set of immediate objectives, and City Hall has committed to implementing them. This ongoing work will have a greater chance of success if they are guided by multi-year targets that are evaluated and updated annually. These goals should be measurable as well as ambitious enough to meet the scale and importance of the challenge. Regular public progress updates through the Mayor’s Management Report would provide transparency and accountability.
Goals for years beyond 2023 should include the following:
Multi-year milestones for expanding and institutionalizing pilot projects and new initiatives
Specific targets for reducing the time it takes to complete each phase of project delivery for different types of projects, in addition to average project times
Developing and implementing a process for estimating the full life cycle return-on-investment for infrastructure projects, including operations and maintenance costs and environmental and equity benefits
More attention also needs to be given to coordination with private utilities and state agencies responsible for vital infrastructure that is not owned by the City of New York or under the control of the Mayor. The mission of the Task Force cannot be accomplished without active participation from—and collaboration with—state agencies, such as the MTA, the Public Service Commission, NYS Department of Transportation, and the private owners of electricity, gas, telecommunications, and internet services.
The Task Force recommends regular meetings between City Hall and private utilities to coordinate projects, but the problem is bigger than the coordination of individual projects. Systemic roadblocks to the delivery of non-City infrastructure also need to be addressed, and coordinated long-term planning between agencies and utilities would improve project delivery for both. Benchmarks should be established for improved delivery of private and State infrastructure, as well as City projects.
Consideration should also be given to a joint task force of the Governor’s and Mayor’s offices to address the full scope of infrastructure project delivery. Ideas could include examining the success that the MTA has had in reducing costs by directly funding utility relocation work and providing utilities and other contractors with a comprehensive roadmap for permit requirements and timelines. It could also include ways to improve ongoing staff level collaboration among agencies and utilities.
3. The Mayor and City Council should provide adequate funding, staff, and personnel training to develop the human capital needed to implement these reforms effectively.
Promising reform efforts often fail to be delivered because people who have to implement them don’t have the skills, tools, or incentives to carry them out. Operation budgets need sufficient funding. Civil service laws, human resource practices, and agency leadership need to be aligned to hire and train staff with the right skill sets. A skilled, knowledgeable, and well-prepared staff is essential to creating a workforce culture that encourages collaboration and innovation to navigate a complex and multifaceted capital project delivery process. Creating more in-house capacity can also help retain institutional knowledge over time, which is an important component of maintaining efficiency and quality.
An immediate need is to fill critical vacancies and retain the institutional knowledge that is needed both to reduce existing project backlogs and implement the reforms recommended by the Capital Process Reform Task Force. While the reforms will reduce paperwork and make the process more efficient, adequate staffing will still be essential to delivering projects on time and on budget. For some functions, increased staffing could result in long-term savings and better quality projects. For example, increasing in-house design capacity within departments could save on consultant costs and improve the integration of design and construction. It could also result in less friction between departments in front end planning and design, and build the City’s capacity to design better projects and better manage design consultants.
In addition to adequate staffing and equipping staff with the technical skills required to complete infrastructure-related tasks, much of the human capital reforms that are needed revolve around soft skills, including project management, organization, effective communication, and transparent engagement with multiple stakeholders, including communities. Leadership and human resource policies at both the city and departmental level will be critical to the change. Civil service laws and standards should also be examined and reformed to permit hiring the best candidates with the skills needed for available openings.
Case Study: Green City, Clean Waters
Through a concerted investment in human capital, the Philadelphia Water Department (PWD) has managed to procure a strong and effective team of “outreach specialists” to engage community stakeholders in implementing its 25-year green stormwater infrastructure management plan, called “Green City, Clean Waters.” Each highly trained outreach specialist works in an assigned district within the combined sewer area of Philadelphia to provide information about the city’s green projects, offer opportunities for engagement, and build trust between residents and the PWD. As a result, many of Philadelphia’s stormwater projects to date have proven to have strong local impact throughout their implementation, which can take anywhere from two to eight years.
Rain garden image © Philadelphia Water Department
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The Philadelphia Water Department (PWD), in partnership with Pennsylvania Department of Environmental Protection (DEP) and the US Environmental Protection Agency (EPA), began to develop its legally-binding 25-year green stormwater infrastructure plan, “Green City, Clean Waters,” in 2011, around the same time that New York City had begun to think about its own plans for stormwater management. Community engagement has been at the center of the PWD’s approach to stormwater infrastructure from the start, as the city has engaged in a targeted effort to keep residents informed and engaged about green infrastructure in their neighborhoods through events, educational programming, and engaging resources, such as their GSI Project Pages, PhillyH20 Blog, and Big Green Map of GSI.
This laudable public engagement strategy is made possible by the resources that the PWD has poured into staffing the initiative. The PWD has adopted the “triple bottom line” theory in its approach to stormwater management, a model that values human and environmental capital in addition to financial benefit for all projects. The PWD has embodied the “human” aspect of this philosophy to the fullest extent by dividing the city of Philadelphia into four districts and assigning a local, specially trained Community Outreach Specialist to each one. According to an interview with representatives from the GCCW program conducted by RPA, the outreach specialists are not simply trained with a technical skill set, but to be equity-minded and to see their work in the community as “an opportunity to be creative and do something innovative.”
The PWD takes great care in selecting its outreach specialists. An ideal candidate is someone who can both learn and teach. It is someone who can be flexible enough to engage effectively with community members across whatever platform they are most receptive to information, including face-to-face, social media posts, phone calls, emails, or printed flyers and notices. It is also someone who can seamlessly serve as an interlocutor between an elected official one day, a design engineer the next day, and a Philadelphia resident the following day. To recruit qualified candidates and demonstrate commitment to the local community, the city has also invested in partnerships with local universities and high schools. According to an interviewee, the GCCW program operates on the premise that “you can’t do equitable engagement without the right staff.”
Considerations for New York City:
Splitting up the city into manageable districts for staff to succeed. By dividing the city into four districts to staff its community engagement work for the GCCW initiative, each outreach specialist can focus on working with a smaller number of community stakeholders and, thus, engage much more effectively with them. Philadelphia’s population is less than one fifth NYC’s population, so a comparable approach in New York would require a larger number of districts.
Build trust with community residents and stakeholders. Engagement from government entities can be intimidating for local residents, and distrust can prevent effective communication between residents and government officials. Having PWD staff in government who are also Philadelphia natives and have a personal stake in their communities is a way that government agencies can build trust. The government can further support a grassroots approach by investing in community stewardship. For example, one PWD program, Soak It Up Adoption, embodies this idea by offering grants to community groups who help the city maintain existing green infrastructure.
Interagency coordination can help bolster programming and reinforce relationships. In addition to the outreach specialists working with the PWD, “partnership specialists” working at PWD specifically engage with large city agencies, such as the School District of Philadelphia, the Department Parks and Recreation, and the Streets Department to collaborate on green stormwater infrastructure projects. Partnership specialists regularly meet with their respective agencies to give updates, tackle complex problems, and work alongside the outreach specialists to ensure proper communications and other best practices.
4. The Mayor’s Office should develop a unified system for tracking, analyzing and improving project delivery.
Capital project data and asset information are usually housed by projects’ managing agencies, and are not always shared with other agencies or on a public platform. Data is also not always detailed or updated accurately. This protocol makes it nearly impossible to identify and analyze precisely where bottlenecks occur in the capital delivery process and which systemic improvements are needed to improve it.
A new capital project tracker required by City Council Local Law 37 of 2020 and championed by City Comptroller Brad Lander is under development to address some of the shortcomings of capital project data. The proposed Capital Project Tracker would establish a single public online database to provide an updated schedule, cost, current project phase, and other information for all City-funded projects within the five boroughs.
However, in addition to providing the intended transparency for individual projects, the process of creating the tracker should also be used to unify and improve data systems to enable a much more thorough analysis of project delivery across City projects and facilitate continuous improvement.
To accomplish this, the system should include the following features:
Consistent nomenclature and project identification numbers so information from managing agencies, the OMB, and the City Comptroller can be integrated and cross-referenced
Geographic coordinates that would allow projects to be mapped and overlaid with the city’s land use, zoning, street network, and tax lot geodatabases
Names of other projects or budget lines related to the project
Up-to-date, accurate project milestones, including expected and actual start and end dates
Clear, up-to-date reasons for delay or budget changes coded into detailed, standardized categories that permit analysis across agencies, project types, and geographies
Data on completed projects as well as those currently in the City’s capital plan
A comprehensive data glossary of all variables included in the dataset
Annual analysis in the Mayor’s Management Report that identifies and tracks major causes of delay by project type and agency
A forum to provide comment and a repository for public feedback
An archive of formerly completed and canceled projects accessible on an as-needed basis for city agencies and other stakeholders to build upon institutional knowledge and learn from the successes and failures of past projects
Improving Collaboration for Building Multidimensional Infrastructure
5. The Mayor, with the collaboration of private utilities and the MTA, should complete three-dimensional mapping of underground infrastructure and develop protocols for information-sharing.
As described earlier in this report, there is currently no comprehensive map or database showing exactly where all the utility pipes and other underground infrastructure in New York City are located. Delays and cost overruns occur when construction crews encounter unidentified assets that need to be relocated or that trigger a need to rescope or redesign the project. Fortunately, there has been substantial progress in addressing this challenge in recent years. Technological advances in sensors and geographic information systems enable us to map and digitize the underground.
Concerted and increasingly coordinated efforts by government, private companies, universities, foundations, and other entities have laid the groundwork for creating a comprehensive database with protocols for sharing subsurface data. A federally-funded project led by New York University and the NYC Geospatial Information Systems and Mapping Organization (GISMO) called UNUM worked with a broad range of public and private sector partners and developed pilots in two New York City neighborhoods that laid the groundwork for a broader effort.
The New York City Mayor’s Office has applied for a grant from the U.S. Department of Housing and Urban Development that will allow the City to take over the project. If fully funded and successfully implemented, this effort would result in a fully interoperable system for sharing data among city and state agencies (such as the MTA) and private utilities (such as Con Edison, National Grid, and Verizon), while protecting security, privacy, and proprietary information. By one conservative estimate, fully mapping the underground in this manner could reduce the costs of all construction that depends on these systems by 5%. It could also vastly improve the city’s ability to respond to emergencies and develop more effective climate resiliency, energy efficiency, and “smart city” applications.
Developing this tool should be a priority of the City, as well as the private utility companies and state agencies whose collaboration is needed and who will benefit from its development. As the project advances, potential users of the data should be included in the planning process to maximize its use for emergency management, city planning, and community engagement. While sensitive information needs to remain private and protected, a high-level version could be made more widely accessible and would be valuable for research, planning, and civic participation.
Case Study: Singapore Digital Underground Project
As sea level rise threatens coastal cities, Singapore Land Authority (SLA) and the Urban Redevelopment Authority (URA) have recognized that an accurate map of subsurface utilities is an integral part of preserving the city’s infrastructure. Starting in 2017, the city has aimed to create its 3D “digital twin,” a realistic, digital representation of the physical world below the surface.
Image: Singapore Land Authority, 2018
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Starting in 2017, the city of Singapore has aimed to create a realistic digital representation of the physical world below the surface—its “digital twin.” The public authorities managing this project, Singapore Land Authority (SLA) and the Urban Redevelopment Authority (URA), have recognized that an accurate map of subsurface utilities is an integral part of the city’s infrastructural growth. In October 2018, Singapore commenced the data collection component for the mapping of its Toa Payoh neighborhood. The fieldwork process for mapping Toa Payoh took approximately three hours, with an additional three weeks to process the number of pipes detected in the data.
Singapore is using a combination of “non destructive” tools to create its subsurface map: conventional land surveying, laser scanning, and ground penetrating radar. An important stage involves processing data for quality and standardizing it across platforms to facilitate governance. The first phase of this project required participation from asset owners, contractors, and surveyors to understand challenges, standards, and procedures.
Considerations for New York City:
Data completeness, transparency, and sharing among asset owners and key stakeholders. In Singapore’s plan, the second phase of the mapping process requires participation from asset owners, contractors, and surveyors.
The goal of an underground map should be to create a modifiable resource. “Unlike conventional one-off mapping approaches, the digital twin is continuously linked to the physical world through a connected data environment in which it both provides and ingests data.”
Mapping the underground doesn’t necessarily mean we need to open up all of our streets. There are a number of technologies that can be utilized in combination to understand what lies below ground. Singapore is using a combination of “non destructive” tools to create its subsurface map: conventional land surveying, laser scanning, and ground penetrating radar.
The best approach is to make use of a combination of new and available technologies, which involves multi-stakeholder buy-in. Singapore’s “whole ecosystem” approach uses multi-phased planning and analysis of data in order to produce an accurate map, including compiling and assessing existing data and performing field data collection to scan and capture images of the underground. Effective data collection depends on well-planned community engagement, proper tools, and development of a sound structure for governing it, which Singapore has accomplished through collaboration with the state.
6. The Mayor’s Office should lead an effort that includes the Departments of Design and Construction, Transportation, and Environmental Protection, private utility companies, and the MTA to evaluate benefits and identify potential locations for future utility tunnels.
A long-term solution to subsurface infrastructure conflicts that would significantly reduce disruptive street construction is the implementation of multi-utility tunnels or “utilidors” (or a similar alternative, such as omnidors or bypasses). Utilidors are easily accessible underground conduits that house multiple types of utility transmission infrastructure that are buried in the subsurface soils, and that allow for the placement and ongoing maintenance of pipes and cables without digging up the street.
Utilidors would securely house private utility infrastructure (such as broadband, electricity, and gas) as well as public utility services (such as water mains and sewers). In addition to eliminating the need for excavations, utilidors would protect subsurface infrastructure from environmental degradation and protect each utility’s infrastructure from the infrastructure of other utilities. They also can optimize the use of subsurface space devoted to infrastructure in the densest parts of the city.
A rudimentary single utility system has existed in parts of Manhattan and the Bronx for some time. Under a franchise originally granted by the City of New York in 1891, the company that is now Verizon owns a subsidiary known as Empire City Subway which is responsible for 58 million feet of conduit rented to telecommunications and cable companies.
Implementing larger utilidors to cover a larger geography and more diverse types of infrastructure would be expensive and confront numerous legal and logistical challenges, but this type of investment can be undertaken in locations that are already undergoing extensive excavation for major street reconstructions, private utility service repairs, upgrades and extensions, or new subway lines.
A Smart City Utilidor working group within Town+Gown, a citywide built environmental research program resident in the Department of Design and Construction (DDC), has been working with various graduate student capstone teams within the city to explore the feasibility of utilidor implementation, including its long term costs and benefits. Research suggests that the long-term return on investment of utilidors outweighs the cost of the initial investment.
A logical next step for considering utilidor implementation would be to conduct a full feasibility study in one or more street corridors that have a high probability of yielding a high return on investment. If such a study confirms the academic findings, a pilot project could test run the life cycle benefit methodology that would have value for a range of infrastructure projects. They would also help develop the tools and interagency collaboration needed for broader applications.
7. The City’s new Chief Public Realm Officer should synthesize interdepartmental street planning efforts and promote multidimensional infrastructure.
In recent decades, the right-of-way has evolved to become an even more complex space that meets an increasing number of demands. As a result, the need for someone knowledgeable in the affairs of the public realm and empowered to work across agencies to take on a central position has also grown. Recognizing this, in 2023, the Mayor announced the creation of a new permanent, appointed position, Chief Public Realm Officer (CPRO).
As defined in the Executive Order that creates the position, the duties of the CPRO are to: “( a ) serve as a central point of contact for external partners that work with the City to improve public spaces; ( b ) lead inter-agency coordination and collaboration to advance policies and projects that improve public spaces throughout New York City; and ( c ) drive reform and innovation in the City’s public realm strategy to improve the user experience and pilot new ways to create beautiful, vibrant public spaces.”
As New York City plans the future of the public realm—which includes roadways, curbs, sidewalks, plazas, parks, and green space—this position should be used to synthesize planning for capital projects in the street right-of-way, as well as to engage and align DOT, DEP, OTI, DDC, utilities, and other entities that plan and implement projects for transportation, sustainability, water, energy, technology, and other infrastructural needs in the street. The Executive Order calls for all mayoral agencies to cooperate with the CPRO and to designate a liaison to work with the Officer.
One area where the CPRO could intercede is in the plans where the City and agencies lay out their planning, policy, and project goals. Currently, the DOT is charged with developing a new Streets Plan every five years, with goals and benchmarks for bus and bike lanes, bus stop upgrades, redesigned intersections, improved transit and pedestrian signaling, more pedestrian space, commercial loading zones, truck routes, and parking policy provisions.
At the same time, DEP issues an annual update on progress towards goals and new targets for its green infrastructure program. The citywide climate and sustainability plan (PlaNYC/OneNYC) also has its own targets for projects that might be carried out in the right-of-way, in addition to other agency-specific plans with goals and targets.
The CPRO should lead the effort to ensure that specific goals for projects in the right-of-way, such as those listed above, are coordinated among the agencies planning for them, and that specific shared benchmarks and goals for infrastructure that improve climate resilience, internet access, and equitable access to green space are developed together.
The current update to PlaNYC/OneNYC that is being carried out is an opportunity to develop these shared goals that could then be incorporated into individual agency plans (such as the Streets Plan). The CPRO should also work to ensure that all multi-agency planning efforts incorporate effective community engagement strategies, including educational workshops or presentations, public hearings, and surveys.
Synergies and conflicts in infrastructure priorities identified in the early stages of project planning by the CPRO would result in better alignment of infrastructure projects and more efficient project delivery. This can be particularly important for identifying projects that may not be the clear responsibility of a particular agency or that provide multiple benefits, such as the “smart pavers” described below.
Case Study: Uncharted’s “Smart Pavers”
Uncharted, a New York-based M/WBE tech startup working in Poughkeepsie, NY, invented a sidewalk paver system that stands as one of many examples for how right-of-way infrastructure can offer multiple uses. The “smart pavers” consist of panels that can store, transmit, and share data. With these sensors, and the paver’s ability to house power cables, Poughkeepsie has the capacity to enhance its streets in order to achieve a better connected and climate-resilient power grid.
Image: Uncharted
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The New York-based tech startup launched a project in Poughkeepsie, NY in 2021, constructing the pavers onto the city’s sidewalks in its downtown Innovation District. The pavers consist of individual hollow panels made of fiber-reinforced polymer (FRP) and equipped with internal power and sensors that can store data below ground. They act as a storage unit for any kind of technology that a community is choosing to implement.
Sensors stored within also have the ability to produce power and transmit Wi-Fi to the public, as well as retain and transfer information on available parking spaces, underground utilities, nearby electric vehicle charging stations, and other facilities. The pavers also have the ability to withstand weather conditions due to the protective pavement layer and reduced exposure to the climate. This has the capacity for an extended, climate-resilient power grid that is connected to, stored in, and protected by the city’s streets.
Considerations for New York City:
Prioritizing Minority- and Women-owned business enterprises (M/WBEs) and innovations as well as service providers who aim to contribute to the community. Uncharted Power was founded by CEO Jessica O. Matthews, a Nigerian-American inventor and entrepreneur. Uncharted has a long history in Harlem and started a tech fund dedicated to supporting community members involved in STEM.
Publicly available connection to broadband creates a more equitable power grid. Because the smart pavers provide an opportunity to connect to the power grid directly from the street, the pavers have the potential to expand that power grid and WiFi services to the public in public spaces.
8. Empower the Department of Transportation with greater ability to implement capital projects in the right-of-way
The vast majority of New York City’s public realm improvements over the past decade and a half have come about primarily through non-capital processes. From bike lanes, to public plazas, to the latest efforts around Open Streets, Seasonal Streets, and Open Restaurants, DOT has made the most out of surface paint, barricades, and reconfigured parking and travel lanes in ways that have transformed the city from an auto-dominated landscape to a global example of a pedestrian- and bike-friendly place. But to meet the demands for additional safe and conflict-free bike and pedestrian uses, more capitally constructed public realm projects will be needed, and with shorter timelines than are currently being achieved.
In order for the DOT to advance many of the projects that they have successfully planned for and will be planning in the future, it will need to be empowered with the ability to carry out more construction in-house. In particular, certain protected bike lanes could be implemented without going through the process of full street reconstruction, which is now carried out by DDC and involves more layers of complexity, larger budgets, and longer timelines.
Instead, with access to specialized contractors who can move catch basins, DOT could use its own staff to create raised bike lanes alongside the curbs of certain streets with asphalt and barricades. With the additional staff and budget called for in this report, and in partnership with the CPRO, DOT could implement new bike lanes and other similar public realm projects quickly and efficiently, meeting the demand of an increasingly bike-focused and pedestrian city.
Case Study: Chicago Division of Infrastructure Management
The Chicago Department of Transportation (CDOT) houses the Division of Infrastructure Management (DIM), a unit that has the capacity to manage more than 4,000 miles of the city’s public streets, as well as all the infrastructure that exists on or under the public right-of-way. DIM has the bandwidth to oversee four main work units involved in projects that are implemented on or under the public right-of-way: plan review, permitting, siting, and enforcement.
Steve Hamann
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The Chicago DIM oversees four main work units involved in projects that are implemented on or under the right-of-way. Through collaboration, these four units are empowered to ensure that right-of-way projects are designed and constructed to minimize negative impacts on right-of-way users and infrastructure. Importantly, DIM allows for all right-of-way projects to be reviewed, approved, and managed by a single agency and maintained throughout what CDOT defines as the project’s “life cycle.”
DIM’s conceptualization of a project’s life cycle is important because it involves everything from project planning to inspection for compliance. Projects that have finished construction also send their revised as-built renderings to the Office of Underground Coordination (OUC) electronically, so this data is recorded for future reference. Therefore, updated technology and data systems are essential to CDOT’s workflow, as are state and local laws that authorize this type of workflow.
By overseeing all aspects of right-of-way projects and maintenance, CDOT’s DIM has managed to create a streamlined process through its OUC and Project Coordination Office (PCO) for asset owners to receive and submit information in the same place. Another function of the PCO is coordinating work. Coordination minimizes disruptions to public way users and allows for cost sharing related to restoration work. This incentivizes participation and provides CDOT a return on investment that it can use to justify its operations. The PCO’s coordination efforts have saved the city of Chicago $251 million in restoration costs, according to a 2018 audit.
Considerations for New York City:
Departments dedicated to public space and right-of-way projects, management, and safety, all housed within the Department of Transportation. CDOT’s subdivisions of the DIM, OUC, and PCO are empowered to collaborate seamlessly under the same roof. CDOT is also able to claim ownership of the public right-of-way, which creates a clear dynamic for other entities to follow. Replicating CDOT’s workflow will only be successful if all stakeholders (e.g., utility owners, contractors, locators, etc.) champion the product.
Damage prevention and protection of assets as a guiding philosophy for right-of-way project construction. By centering asset protection for an improved and well functioning right-of-way, CDOT upholds the expectation that the right-of-way is a space that serves multiple stakeholders, including vehicles, residents, and businesses who rely on streets and roadways that are well maintained and functioning to their full extent.
Consideration of a project’s entire “life cycle.” Project management is something that should be seen through from beginning to end, ideally by the same authorities who are most familiar with the project’s origin, purpose, and execution. Consistent management throughout the project’s life cycle can reduce redundancies in project rollout and save time.
Call to Action
The challenges of the current capital street infrastructure delivery process are not unique to New York City. Cities around the country and around the world struggle to deliver capital projects on-time and on-budget. Similarly, interventions made to address these problems in New York City can help inform the process in other cities. An added motivation to change the process now is that, for the first time in decades, we have momentum at the city, state, and federal level to make substantial changes and fundamentally transform the way that we imagine and deliver infrastructure projects of all kinds.
Maximizing the opportunity we have to build faster and more efficiently in the right-of-way requires a willingness to envision our cities differently. This must be a shared effort among all the leaders and stakeholders in the infrastructure delivery process:
The Mayor will need to prioritize and institutionalize the reform process that he has launched to ensure that these initiatives have the full participation of City agencies and are robust enough to maintain momentum through changes in leadership and administrations.
The Governor will need to ensure the full participation of state agencies, especially the MTA, NYS Department of Transportation, and the Public Service Commission.
The New York State Legislature and New York City Council will need to enact critical legislation to provide the authority and funding for these improvements to happen.
Private utility companies will need to collaborate with government leaders to problem solve and dedicate the resources needed to maintain high-quality data and systems.
Managing agencies and their employees will need to deliver reforms and create a culture that embodies change, collaboration, and innovation.
Non-profit and advocacy organizations will need to educate themselves and their constituents on the importance of the initiatives, advocate for their implementation with elected officials, and participate in their design to maximize usefulness for community needs assessments, research, and planning.
Philanthropic organizations will need to support non-governmental entities in developing and promoting new ideas to ensure equitable implementation of reforms.
The public will need to be civically engaged, listen to one another, and hold government agencies accountable for a transparent delivery process, as well as push their elected officials to advance projects that best serve their communities and the city as a whole.
Everyone uses the right-of-way on a daily basis, and it is foundational to every other form of infrastructure in the city. To preserve the right-of-way—as well as to innovate it to meet the needs of an ever-growing and diversifying city—it is critical that all stakeholders engaged in the capital street infrastructure delivery process work together towards its stewardship.
Appendix
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The City of New York publishes a large amount of data about its capital program. Data is collected by different agencies for different purposes, and rarely in a format or with sufficient detail that allows different sources to be aligned or compared. Based on interviews with staff in different City departments, this is not just a problem for outside analysts, legislators, or the public trying to evaluate the City’s performance in delivering its capital program. It also impedes managers and staff within City government from understanding and addressing bottlenecks, or even agreeing on basic measurements, such as how long it takes to complete tasks or process approvals.
Data sources for the City’s capital program and projects include the following:
New York City’s Adopted Capital Commitment Plan: This plan is published annually by the Office of Management and Budget (OMB) and shows annual planned commitments of City and non-City funds for every project in the City’s four-year capital commitment plan.
Capital Project Detail Data Report: Project detail data is updated three times per year by the OMB, tracks changes in budget and timeline for all capital projects currently underway, and includes project phase, percent complete, and brief descriptions of cause if delayed.
Annual Report on Capital Debt and Obligations: This report is published annually by the New York City Comptroller and shows how much is both appropriated and actually spent for every existing capital project.
New York City Capital Projects Dashboard: This is an online portal maintained by the Mayor’s Office of Operations that includes data from the OMB Capital Projects Detail Data for projects valued at over $25 million. Unlike the Projects Detail report, it includes the full history of budget and timeline updates for each project.
Checkbook NYC: The Comptroller’s Checkbook NYC database tracks the city’s budget, revenue, and day-to-day spending in detail. The website’s capital spending database allows users to search every check spent on capital projects, by department and project, since 2011. Although extremely detailed, the data does not always align with the city’s other capital project databases.
Capital Planning Explorer: The NYC Department of Planning has launched a beta website that provides information on managing city departments, sponsoring departments, total projected budget commitment, and overall projected timeline for a subset of capital projects. The explorer also features a map that provides a visual estimate of project extent.
These sources do not include data that is kept by individual departments. Each City agency has its own data and system for tracking and managing projects. The amount and format of publicly available data varies by department. The Parks Department, for example, has its own online project tracker. The Department of Design and Construction (DDC) publishes performance metrics for projects that it manages in its annual progress reports, but these represent only about 12% of the City’s capital commitment plan and do not reflect performance of other City departments.
Data is even more sparse for private utility projects, since much less information is publicly available. This makes it very difficult to determine precisely how much City and State policies affect the cost and duration of utility projects in the right-of-way. Data reliability also varies—particularly for data tracking project delays and budgets at different project phases—since these are not always updated or measured consistently across departments.
Taken as a whole, these data limitations make it nearly impossible to measure or analyze when and why delays and cost overruns occur at different stages of project delivery—in part, because the identification codes for projects do not align across sources. Most of these sources only include currently active projects that have not yet been completed, so they are of limited value in assessing why and how long projects are delayed from start to finish, or how performance has changed over time.
“Building Better Streets” offers recommendations for how the City can improve its capital data repositories by developing a Capital Project Tracker with the following attributes:
Consistent nomenclature and project identification numbers so information from managing agencies, the OMB, and the City Comptroller can be integrated and cross-referenced
Geographic coordinates that would allow projects to be mapped and overlaid with the city’s land use, zoning, street network, and tax lot geodatabases
Names of other projects or budget lines related to the project
Up-to-date, accurate project milestones, including expected and actual start and end dates
Clear, up-to-date reasons for delay or budget changes coded into detailed, standardized categories that permit analysis across agencies, project types, and geographies
Data on completed projects as well as those currently in the City’s capital plan
A comprehensive data glossary of all variables included in the dataset
Annual analysis in the Mayor’s Management Report that identifies and tracks major causes of delay by project type and agency
A forum to provide comment and a repository for public feedback
An archive of formerly completed and canceled projects accessible on an as-needed basis for city agencies and other stakeholders to build upon institutional knowledge and learn from the successes and failures of past projects
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