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<br />month on the first business day of the month by the California Department <br />of Transportation (CaITrans) using the median of posted prices in effect as <br />posted by Chevron, Mobil, and Unocal for the Buena Vista, Huntington <br />Beach, Kern River, Long Beach, Midway Sunset, and Wilmington Fields. <br /> <br />5. In the event that the companies discontinue posting their prices for a field, <br />CalTrans will determine an index from the remaining posted prices. <br />CalTrans reserves the right to include in the index determination the posted <br />prices of additional fields. <br /> <br />D. ANNUAL ADJUSTMENT <br /> <br />This contract shall cover one (1) fiscal year. This contract can be extended by the City for up to four <br />(4) consecutive years at the discretion and approval of the city. The compensation for changes to the <br />base bid items, separate from the asphalt pricing index, for each subsequent fiscal year shall be <br />subject to annual adjustment as set forth below. <br /> <br />1. The San Francisco-Oakland-San Jose Consumer Price Index. All Items, 1982-84=100 for All <br />Urban Consumers (CPI-U) published by the U.S. Department of Labor, Bureau of Labor <br />Statistics (the "Index") shall be used for the purpose of calculating annual compensation <br />increases. The maximum percentage increase for any subsequent year shall be 3% <br />increase over the individual bid item rate for the initial or preceding contract year. <br /> <br />2. The "Beginning Index" shall be the index published for the initial year prior to the <br />commencement of the subsequent "Extension" year. The "Extension Index" shall be the <br />index for May published by June 30th of the current year, prior to the commencement of each <br />subsequent Extension Year. To calculate the annual compensation for each subsequent <br />year, the Extension Index shall be divided by the Beginning Index, and the resulting factor, <br />not to exceed 3%, shall be multiplied by the annual compensation of the expiring period. <br /> <br />3. City shall notify Contractor of each CPI increase by mailing a written statement setting forth <br />the calculation of the compensation. If the format or components of the Index change <br />materially, or if the Index is discontinued, then City shall substitute an index published by the <br />U.S. Department of Labor, Bureau of Labor Statistics or similar agency which is most nearly <br />equivalent to the Index in effect on the commencement date of the Second Extension. <br /> <br />4. City shall notify Contractor of the substituted index and shall use the substituted index in the <br />calculation of the City's compensation unless Contractor objects in writing within fifteen (15) <br />days after its receipt of City's notice. If Contractor objects, then the substitute index shall be <br />determined in accordance with the rules and regulations of the American Arbitration <br />Association. The cost of such arbitration shall be borne as determined by the American <br />Arbitration association. <br /> <br />5. Until the compensation for the next Extension Period is agreed upon or set by arbitration, the <br />compensation payable during the preceding Extension Period shall remain in effect. Once <br />compensation for the next Extension Period is agreed upon or set by arbitration, City shall <br />pay Contractor the difference between the amount of compensation paid at the preceding <br />Period and the amount of compensation due for the subsequent Extension Period. In no <br />case shall the compensation during the Extension Period be less than the compensation in <br />effect immediately prior to the commencement of the Extension Period. <br /> <br />20 <br />