NTTA board approves PGBT West maintenance contract after protest and executive-session review

The North Texas Tollway Authority Board of Directors voted unanimously Aug. 20 to award a six-year total routine maintenance (TRM) contract for President George Bush Turnpike West (PGBT West) and Mountain Creek Lake bridge to DCS Asset Maintenance LLC in an amount not to exceed $62,768,171.07.

Why it matters: the TRM contract covers sweeping, mowing, irrigation and landscape maintenance, pavement and bridge repairs, traffic operations, facilities maintenance, incident management and snow-and-ice control on a 22 center-line-mile segment. This is a major system-maintenance contract that replaces an expiring agreement and determines who will perform day-to-day and emergency maintenance on a heavily used section of NTTA roadway.

The contract award followed a public comment from Sarah Henningsgaard, who identified herself as vice president, owner and board member of Roy Jorgensen Associates Inc., the incumbent contractor on PRBT West TRM. Henningsgaard urged the board to consider her firm's decades of experience and said staff should deem Jorgensen the best-value provider. Legal staff reviewed a formal protest filed July 31 alleging the apparent low bidder failed to meet procurement qualification requirements; the board recessed into executive session to receive legal advice on the protest and procurement process and returned without taking additional interim action.

General Counsel Dean Estra told the board that legal and procurement had reviewed the protest and concluded the recommended vendor met the procurement requirements; a copy of the formal response to the protest was due the protestor on the day of the meeting. Following that legal review, staff presented the bid results: two bids were received; the apparent low, responsive bidder was DCS Asset Maintenance LLC with an escalated bid of $62,768,171.07 for a six-year contract. Staff recommended approval and the board approved the contract unanimously after motions from Director Knight (mover) and Vice Chair Haddad (second).

Discussion and safeguards: board members asked specific questions about landscape maintenance, plant and tree replacement, contract cure timelines and liquidated damages. Staff said routine landscape replacement and irrigation repairs are included in the contractor’s price while wholesale redesigns would be handled via separate projects. NTTA said it will assign a dedicated NTTA project manager to perform weekly drives, review maintenance request packages and oversee annual inspections; the contract contains prescriptive cure timelines and liquidated damages for unremedied deficiencies.

What the contract covers: the scope lists main-lane maintenance, frontage-road maintenance between SH 183 and I-20, all ramps and direct connectors in the limits, three buildings, turf and landscape care, pavement crack and joint sealing, bridge deck and concrete repairs, signage and pavement markings, illumination, guardrail and attenuator maintenance, lane closures for work, HVAC and elevator servicing for buildings, janitorial services for assigned buildings, and incident/hazardous-material response.

Process notes: the Board had approved the request to advertise in April, the authority opened bids in July, then received and reviewed a protest on July 31. Legal and procurement jointly reviewed the protest; the board recessed into executive session for legal advice (10:59 a.m. – 11:21 a.m.) and returned to vote in open session. The board recorded unanimous approval with no opposition reported.

Looking ahead: the contract is to be funded from annual operations and maintenance budgets and will replace the existing TRM agreement that expires in November. Staff said they will return to the board with contract documents and work authorizations as applicable.

Speakers quoted in this article are identified from the meeting record.