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(11 For the construction of highways and anv draining. dredging excavation grading or similar work upon real property: or (21 At anv time that the city has a population in excess of 100 000 provided that the city has the personnel.__procedures. and expertise to enter into a contract for construction on a fixed price or not-to-exceed price design-build or construction management basis and shall otherwise be in compliance with the provisions of this article and other applicable law governing design-build or construction management contracts for public bodies other than the Commonwealth The procedure established by the city for fixed price or not-to-exceed price design- build or construction management contracts must be consistent with the two- step competitive negotiation process established under Code of Virginia & 2 2- 4302.2. as amended. restated or moved from time to time: or (31 As otherwise provided in Code of Virginia. & 2.2-4308. as amended restated or moved from time to time. 16. Anew section, designated Section 12-222, is added to the Code of the City of Portsmouth, Virginia (2006) as follows: Sec. 12-222. -Design-build or con truction management contracts: eligihiliw reauirements: award of contract. (al The city may enter into a contract on a fixed price or not-to-exceed price design- build or construction management basis provided the city complies with the reauirements of Code of Virginia. & 2.2-4308. as amended restated or moved from time to time. and has implemented procedures consistent with the procedures adopted by the Virginia Secretary of Administration for utilizing desim-build or construction management contracts (bl Prior to making a determination as to the use of design-build or construction management for a specific construction proiect. the city shall have in its employ or under contract a licensed architect or engineer with professional competence appropriate to the proiect who shall advise the city regarding the use of design-build or construction management for the proiect and who shall assist with the preparation of the reauest for proposals and the evaluation of proposals (cl Prior to issuing a reauest for proposals for any design-build or construction management contract for a specific construction Proiect city council shall have adopted. by ordinance_ _or resolution. written procedures governing the selection evaluation and award of design-build and construction management contracts The Procedures shall: 13