METROPOLITAN GOVERNM! E AND DAVIDSON COUNTY DAVID BR Mayor March 1, 2019 Mr. Mark Sturtevant, Director Metro Department of Public Works 750 South Fifth Stet Nashville, TN 37206 RE: Scope of Contract #368226 Department of Public Works and Collier Engineering Co, Ine. Dear Mr, Sturtevant, The “Scope of Work” isa asic component in a contract for services because it defines what is being purchased, A governnental party to a contrac is limited in its ability to amend, formally or informally, « competitively procured contract. Work under an existing contact that is out of seope ties not only compliance questions, but also competitive procurement question. ‘The Procurement Code ofthe Metropolitan Government is intended to foster broad-based ‘competition, ensure public confidence inthe procurement process, and provide far and equitable ‘reatment ofall persons who del withthe procurement system of the Metropolitan Government ‘As a general rule, the public interest is best served by measures that ensure aderence to the ‘competitive procurement processes promulgated in law. “Seope creep” erates a possibility for ‘damage to our competitive procurement system. Accordingly, atthe Mayor's direction, we willbe conducting a broad review of contract scope issues soon, and all departmen's will be contacted regarding that review. In the meantime, Ihave been reviewing, with the Departmert of Law, proposal, work order, or purchase orders that have boon approved for services under Contract #363226 for compliance with the scope of that contract, The scope ofa contracts determined by legal analysis or construction. Contracts are to be interpreted based upon the usual, natural, and ordinary meaning ofthe contract language, and contract, terms should be construed in the context of the entte contact. Planters Gin Co. v. Fed, Compress & ‘Warehouse Co,, Inc, 78 S.W. Sd 885 (Tenn. 2002). The Realty Shop Ine. v, Westminster Holding, ‘Ine,, 78.W.3d 581 (Tenn, Ct. App. 1999).Mr. Mark Sturtevant Page Two Mareh 1, 2019 Applying these principles to contract #363266, the anguage ofthe contract limits the contract to services related to, or required fr, the Department of Public Works Paving Program. ‘The Department's Home Page describes its Pavement Management Program in great detail, (A full analysis ofthe issue of seope o this contract is attached.) Regardless ofthe type of service covered in the contract, (@-., design, project management, inspection), the scope of work inthe contract is defined, inthe frst instance, by the words “Department of Publie Works" and “Paving Program” In other words, even ifa work order i for ‘engineering design services, or for engineering inspection services, unless those services ate for 1 paving projector paving maragement, that work onder is outside the seope ofthe contract. services purchased by any other department. ‘Because your department has used Contract #363266, I am notifying you ofthe limitations on purchases from that contract. Please review any services you may be purchasing using this Public ‘Works contract. You should make plans to stop using Contract #363266 for any services outside the scope, as described above. IF you have any questions regarding compliance with the scope, please consult with the Department of Law. Discussion with the Director of Purchasing or her staff will help identify how services can be obtained inthe least disruptive way possible. ‘We know it wil take seme time to complete the work of identifying specific tasks and finding the best remedy while still serving the interest ofthe public. However, we expect that you should have ‘plan within one month. Thisteview is forward-looking only. Our intention is to focus on scope ‘compliance for current work and future work orders. Ifyou have any questions, please let me know. We know that you are committed to following ‘purchasing standards and weleome your help in ensuring compliance. ert Pata 3. Cote Chet Compliance Onicer Attachment ec: Mr. Jon Cooper Ms. Michelle Hernandez LaneSCOPE OF WORK IN CONTRACT #363266 (Collier Engineering/Publie works! Paving Management) ‘The Metropolitan Government, through the Department of Public Works, entered into an Architectural and Engineering Services contract (#363266) with Collier Engineering Co, Inc. in July of 2015, ‘The RFQ that resulted in Contract #363266, which is incorporated into the ‘contact, described the serves requested as “forthe paving program management services.” It farther details the scope a services “for Meteo Public Works Paving Office.” In section 21 ofthe resulting contract (#363266), the contractor agreed to provide “professional engineering ad technical consulting services for the paving program ‘management services as outlined in the tasks details in Exhibit A.” Among the services listed in the contract are pre-design study, design, and construction monitoring. ‘The task list in Exhibit A begins: Provide Construction Engineering and Inspection (CED services, Roadway Pavement Analysis, Pavement Management Support and Related Services for Metro Publie Works Paving Office. Perform field investigations and gather data to prepare roadway typical sections and estimates for resurfacing, roadway reconstruction, sidewalk repairs and curb emp upgrades, Corsultant shall also gather data and prepare desiga for work zone teaifie conto, traffic engineering marking changes, bikeways and intersection improvements. Provide Construction Engineering and Inspection (CEI) and related services for ‘Metro annual paving, State Aid paving, pavement preservation, roadway reconstruction and intersection improvement work including but not limited to the associated 20 % sidewalk repairs and curb ramp upgrades as required to censure compliance vith ADA guidelines and aeceptance by the Meteo Department ‘of Public Works and the Mayor's Office of Disbility. There may be a need for limited roadway des gn as part of the roadway reconstruction or intersection ‘improvement projees Traffic engineering analysis will be required for pavement ‘marking changes and bikeways Project Inspection: Consultan will perform inspection ofall of the paving. process from the beginning tothe end of each project Exhibit A continues with requirements to mest TDOT standards and Metro Streets and Roads Specifications, It also describes Metro's computer systems used for Pavement ‘Management System.