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AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, <br />VIRGINIA, 1988, BY AMENDING SECTIONS 12-173; 12-182; 12-184 <br />(e); 12-212 (a); 12-220 AND 12-276 (c), PERTAINING TO PUBLIC <br />PROCUREMENT. <br /> <br /> BE IT ORDAINED by the Council of the City of Portsmouth, <br />Virginia: <br /> <br /> 1. That the portion of S12-173 of the Code of the City <br />of Portsmouth, Virginia, 1988, pertaining to the definition of <br />professional services be amended to read as follows: <br /> <br />Section. 12-173. Definitions. <br /> <br /> PROFESSIONAL SERVICES means work performed by an <br />independent contractor within the scope of the practice of <br />accounting, architecture, land surveying, landscape <br />architecture, law, medicine, optometry, pharmacy, professional <br />engineering. <br /> <br /> 2. That Section 12-182 be amended by adding thereto <br />subsection (c) to read as follows: <br /> <br />Section 12-182. Progress payments and retainage on <br /> construction contracts. <br /> <br /> (c) Any contract issued after January 1, 1990, for the <br />sum of two hundred thousand dollars ($200,000) or more, for <br />construction of highways, roads, streets, bridges, parking <br />lots, demolition, clearing, g~ading, excavating, paving, pile <br />driving, miscellaneous drainage structures, and the <br />installation of water, gas, sewer lines and pumping stations <br />where portions of the contract price are to be retained, shall <br />include in the bid proposal and option for the contractor to <br />use in escrow account procedure for utilization of the <br />retainage funds by so indicating in the bid documents. In the <br />event the contractor elects to use the escrow account <br />procedure, the escrow agreement form included in the bid <br />documents and contract shall be executed and submitted to the <br />City within fifteen (15) calendar days after notification of <br />award of the contract. If the escrow agreement form is not <br />submitted within the fifteen (15) day period, the contractor <br />shall forfeit his rights to use the escrow account procedure. <br /> <br /> 3. That Section 12-184 (e) be amended to read as <br />follows: <br /> <br />Section 12-134. Performance and payment bonds generally. <br /> <br /> (e) In lieu of a performance or payment bond required by <br />this section, the contractor may furnish a certified check or <br />cash escrow or a personal bond, property bond, or bank or <br />savings and loan association's letter of credit in the face <br /> <br /> <br />