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AN ORDINANCE TO AMEND ARTICLE V OF CHAPTER 11 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1973, BY kMENDING SECTIONS 11~105 (3), 11-112, 11-125, 11-128, 11-129 (6) (12)~ AND 11-131 PERTAINING TO PUBLIC PROCUREMENT. BE IT ORDAINED by the Council of the City of Portsmouth~ Virginia: 1. 'That Section 11-105. (3) of the Code of the city of · Portsmouth, Virginia, 1973, be amended to read as follows:- Section 11-105. Establishment of purchasing system. (3) The purchasing agent shall establish a program con- sistent with this Article to facilitate the participation of small business and businesses owned by women and minorities in procurement transactions. Such~program shall be in~.writing and may include cooperation with the Commonwealth of Virginia, the United States of Araerica, and other public and private agencies. Such program shall also include procedures for' soliciting contracts from a list of businesses provided ~by the Office of Minority Business Enterprise. 2. That Section 11-112 of the Code of the City Of Ports- mouth, Virginia, 1973, be amended to read as fc~10ws: Section 11-112. Bid bonds on construction contracts. Except in cases of emergency, all bids or proposals for' construction contracts in excess of One Hundred Thousand Dollars ($100;000), shall be accompanied by a bid bond from a surety company selected by the~bidder which is legally authorized to do business in Virginia, as a guarantee that if the contract is awarded-to such bidder, that bidder will enter into the contract for the work specified in the b~d. The amount of the bid bond shall not exceed five percent (5%) of the amount of the bid.. Bid bonds may be required for construction contracts of One~ Hundred Thousand Dollars ($100,000), or less, in the discretion of the purcha'sing agent. No forfeiture under a bid bond shall exceed the..ie~ser of (i) the difference between the bid for which .the bond was wr'itten and the next low bid; or, (ii) the face amount of~the bidbond. 3. That Section 11-125 of the Code of the City of Ports- mouth, Virginia, 1973, be amended to read as follows.~ Section 11-125. Performance and payment bonds. Upon the award of any public construction contract exceeding One Hundred Thousand Dollars ($100,000) awarded to aRy prime con- tractor, such-contractor shall furnish to the city the following bonds: