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thereof shall be applicable to all procurement and contracting activities conducted by the city. 2. That Section 12-173 of the Code of the City of Portsmouth, Virginia (1988) be amended by adding thereto a definition of the term "Best value" to read as follows: Sec. 12-173. Definitions. Best value, as predetermined in the solicitation, means the overall combination of quality, price, and various elements of required services that in total are optimal relative to a public body's needs. 3. That Chapter 12 of the Code of the City of Portsmouth, Virginia (1988) be amended by adding thereto new Sections 12-182(d), 12-254 and 12-255 to read as follows: Sec. 12-182. Progress payments, retainage, and penalty on construction contracts. (d) In any contract for construction with the city which includes a payment of interest on retained funds, the city may require a provision whereby the contractor. exclusive of reasonable circumstances beyond the control of the contractor, as determined by the purchasing agent and stated in the contract, shall pay a specified penalty for each day exceeding the completion date stated in the contract. Sec. 12-254. Public construction contract provisions barring damages for unreasonable delays declared void. (a) In accordance with Section 22-4335 of the Code of Virginia, any provision contained in any public construction contract that purports to waive, release, or extinguish the rights of a contractor to recover costs or damages for unreasonable delay in performing such contract, either on his behalf or on behalf of his subcontractor if and to the extent the delay is caused by acts or omissions of the public body, its agents or employees and due to causes within their control shall be void and unenforceable as against public policy. (b) Subsection (a) shall not be construed to render void any provision of a public construction contract that: 1. Allows a public body to recover that portion of delay costs caused by the acts or omissions of the contractor, or its subcontractors, agents or employees; 2. Requires notice of any delay by the party claiming the delay;