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1985-66 AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1973, BY AMENDING SECTIONS 11-116; 11-123; 11-128; 11-129(1) AND (2); AND BY ADDING THERETO SECTION 11-33; PERTAINING TO PUBLIC PROCUREMENT AND PROMPT pAYMENT. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia, that: 1. Section 11-116 of the Code of the City of Portsmouth, Virginia, be amended to read as follows: Section 11-116. withdrawal of bid due to error. A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgement mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from an inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. The procedure for the bid withdrawal shall be stated as follows in the advertisement for bids: "The bidders shall submit to the purchasing agent his original work papers, documents, and materials used in the preparation of the bid within two (2) business days after the date fixed for opening of bids. The work papers shall be delivered by the bidder in person or by registered mail. such mistake shall be proved only from the original work papers, documents and materials delivered as herein required." No bid may be withdrawn under this section when the result would be the awarding of the contract to another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five (5) percent. If a bid is withdrawn pursuant to this section, the lowest remaining responsive and responsible bidder shall be deemed to be the low bidder.