City of Alexandria, Virginia
________________
MEMORANDUM
DATE: SEPTEMBER 8, 2025
TO: THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
THROUGH: JAMES F. PARAJON, CITY MANAGER
FROM: KEVIN C. GREENLIEF, DIRECTOR, DEPARTMENT OF FINANCE
DOCKET TITLE:
TITLE
Public Hearing, Second Reading, and Final Passage of an Ordinance to Amend and Reordain Section 3-3-70 (Design-Build and Construction Management Contracts) of Division 2 (Competitive Negotiation) of Article D (Contract Formation and Methods Of Source Selection) of Title 3 (Finance, Taxation and Procurement) of the Code of the City of Alexandria, Virginia, 1981, as amended. [ROLL-CALL VOTE]
BODY
______________________________________________________________________________
ISSUE: Consideration of an amendment to Alexandria City Code Sec 3-3-70 Design-Build and Construction Management Contracts to bring it in harmony with a prior amendment to the Virginia Public Procurement Act.
RECOMMENDATION: That the City Council:
1. Introduce and pass on first reading Tuesday, September 9, 2025, the ordinance (Attachment 2) updating City Code Sec 3-3-70 to align with Virginia State Code; and
2. Set the ordinance for public hearing and final passage on Saturday, September 13, 2025.
BACKGROUND: Alexandria City Code Sec 3-3-70 provides regulations on the use of Design-Build and Construction Management Contracts. Specifically, paragraph (d) (6) currently restricts the amount of work to be performed by the construction manager on a project to 10% as measured by the cost of the work, with 90% to be performed by subcontractors. This restriction in the City ordinance no longer conforms with State law in regards to infrastructure construction projects.
On March 27, 2023, the controlling statute, Va. Code ?2.2-4382 (E)(5), was amended to include an exception concerning the percentage of work restriction, stipulating that "The provisions of this subdivision shall not apply to construction management contracts involving infrastructure projects."
DISCUSSION: The proposed ordinance amendment in Attachment 2 aligns the City Code with the 2023 State Code amendment and provides greater flexibility in managing infrastructure construction projects. The City is actively and proactively exploring ways to deliver projects more quickly, reducing both time and costs. As part of this effort, during the Duke Street Transitway project, the City issued a Request for Information (RFI) to gather industry feedback on project delivery and construction approaches. While most respondents expressed strong interest in the project, they also noted a key barrier: the current City ordinance does not match the updated State Code, creating restrictions that would prevent many firms from bidding on projects like the Duke Street Transitway. To remove this barrier, expand the pool of qualified bidders, and enable faster, more efficient project delivery, staff recommend adopting the proposed ordinance amendment.
FISCAL IMPACT: This proposal has no fiscal impact on the City of Alexandria.
ATTACHMENTS:
Attachment 1 - Proposed Ordinance Cover
Attachment 2 - Proposed Ordinance Amendment to City Code Sec 3-3-70
STAFF:
Emily Baker, Deputy City Manager
Rami Chehade, Acting Director, Department of Project Implementation
Hillary Orr, Deputy Director, Department of Transportation and Environmental Services
Lisa Robrahn, Assistant Director, Department of Project Implementation
Sarah McElveen, Assistant City Attorney
Brian MacAvoy, Assistant City Attorney
Wynndell Bishop, Purchasing Agent, Department of Finance
Tony Esse, Capital Procurement Specialist, Department of Project Implementation