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AN ORDINANCE TO AMEND ARTICLE V OF CHAPTER 11 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1973, BY AMENDING 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.~rogram'con- sistent with this Article to facilitate the participation of small business and businesses owned by women and minorities in procurement transactions. S~ch progra~ shall be in,writing and-may include cooperation with the commonwealth of virginia, the United States of 'A~erica, ~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 foilows:~ Section 11-112. Bid bonds on construction contracts° ' Except in cases of emerqency, all bids or proposals for cons%ruction contra~ts in ex~ess of One H~ndred Thousand Dollars ~$100;000~, shalI~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 tha~ if the contrac't is awarded to such bidder, that bidder will enter into ~he contract for the work specified in the bid~ 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 Eundr~d Thousand Dollars ($1~0',000)~ or less, in the discretion of the purchasing agent. No forfeiture under a bid bond shall exceed the lesser of (i) the difference between the bid for which the bond waswr'itten and the next low bid; or, (ii) the face amount of·the bid bond. 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 any prime con- tractor, such~contractor shall furnish to the City th~ following bonds: