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Project Name: Building Mechanical Systems Services at
Municipal Service Center and Hill Canyon Treatment Plant
SECOND AMENDMENT TO
AGREEMENT FOR GENERAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
MESA ENERGY SYSTEMS, INC., DBA EMCOR SERVICES MESA ENERGY Contract No. 13244-2023
THIS SECOND AMENDMENT to the Agreement for General Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereinafter referred to as “City”) and MESA ENERGY SYSTEMS, INC., DBA EMCOR SERVICES MESA ENERGY (hereinafter referred to as “Service Provider”), entitled Building Mechanical Systems Services at Municipal Service Center and Hill Canyon Treatment Plant and dated April 26, 2023, and amended April 21, 2026 (hereinafter referred to as “Contract”) is made this 19th day of May, 2026.
RECITALS
A. A First Amendment extending the expiration date of the Contract to April 30, 2027, was executed on April 21, 2026.
B. Section 3 of the Contract, currently, and as may have been previously amended, provides for a “not-to-exceed” total amount of $558,854 (hereinafter “not-to-exceed amount”), for services generally and briefly described in Section 2.
C. City is in need of increasing the Contract not-to-exceed amount by $150,000 to accommodate additional services under the Contract.
D. City and Service Provider desire to increase the Contract not-to-exceed amount from $558,854 to $708,854 while keeping all other terms intact.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:
Part 1. The sum of $150,000 and Exhibit B-1 are hereby added to Contract, attached hereto and incorporated herein. Section 3 is hereby amended and shall now read in its entirety as follows:
ATTACHMENT #1
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3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to Service Provider, by City, for any and all services under this Agreement shall not exceed $708,854 (hereinafter “not-to-exceed amount”).
(b) Rates. Service Provider shall be paid a fixed sum for preventative maintenance work performed under this Agreement, according to the schedule listed in Service Provider’s Schedule of Fees, set forth in Exhibit “B-1”. All other work to be billed at the rates listed in Exhibit “C” or by negotiated lump sum.
The fixed sum amounts set forth in Exhibit “B-1” shall be binding upon Service Provider until April 30, 2027, and the hourly rates set forth in Exhibit “C” shall be binding until April 30, 2024, after which time new rates may be agreed upon only by execution of a written Amendment to this Agreement. (City is to be given 60 days’ notice of any rate increase request), provided the not-to-exceed amount is the total compensation due Service Provider for all work described under this Agreement.
(c) Payment. All payments shall be made within 30 days after receipt of written verification from Service Provider of the actual compensation earned, in a form satisfactory to the City’s Project Manager.
(d) Reserve. Additional work reasonably encompassed by the Scope of Services described in Section 2, but which cannot be specifically identified until the work progresses, may be agreed upon only by valid Work Authorization issued by City’s Project Manager. No liability or right to compensation for this work shall exist without such Authorization. Costs for these services shall be at the rates set forth in Exhibit “C” or by negotiated lump sum. The available funds shall be limited to those identified as “Reserve” in said Exhibit.
(e) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to the Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “C”.
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Part 2. All terms used in Part 1 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
IN WITNESS WHEREOF, the parties execute this Second Amendment to Contract as of the date set forth above.
MESA ENERGY SYSTEMS INC.,
DBA EMCOR SERVICES MESA
ENERGY
________________________________
By: Ron Hickey
Title: President, South
________________________________
By: Claire Maugham
Title: Chief Financial Officer
ATTEST: CITY OF THOUSAND OAKS
_______________________________ ________________________________ Laura B. Maguire, City Clerk Mikey Taylor, Mayor CITY OF THOUSAND OAKS:
________________________________
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:APPROVED AS TO FORM:
Office of the City Attorney
________________________________ ________________________________ Jaime Boscarino, Finance Director Tracy Friedl, Assistant City Attorney 201:10\jkb\C:\PGCompilerServiceRelease\temp\toaks\10634\5696\1.docx
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EXHIBIT B-1
FEE SCHEDULE
Existing Contract Amount (Exhibit B) $558,854
Additional Reserve Amount $150,000
Revised Not-to-Exceed Amount $708,854
Reserve amounts are subject to prior written authorization by the City’s Project Manager in accordance with the agreement.