Exhibit 1 - Pendulum Contract — City Council and Concurrent Authorities, June 13, 2023

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CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”)to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: Terminates on:
_____________________________________________________________________________

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.

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____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
______________________________________________________________________________________________ Contractor’sName (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address

CITY OF STOCKTON
_________________________________________________________BB________________ +DUU\%ODFN City Manager Date
ATTEST:
____________________________________________________________________________ (OL]D5*DU]D&0&, City Clerk
APPROVED AS TO FORM:
/RUL0$VXQFLRQ, City Attorney
BY:

Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –

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Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
EXHIBIT 1
Pendulum Studio, LLC all new LED displays in the Stockton Arena 06/06/2023 06/06/2028
478,090.00
Professional Services Special Terms & Conditions
ARPA
Pendulum Studio, LLC
Jonathan O'Neil Cole- Principal
1512 Holmes Street, Kansas City, MO 64108

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives
The C
ity is contracting with Pendulum Studio LLC (“Pendulum” or “Consultant”) to provide design and engineering services to create construction drawings to be used by a general construction Consultant to modify the existing Banner Island Ballpark facilities to comply with the updated Major League Baseball (“MLB”) facility standards (Attachment A).

2. Project Scope
2 .1 Consultant will provide all disciplines including but not limited to:
architectural, electrical, structural, mechanical, and plumbing as required to develop comprehensive construction-ready drawings that will be used to bid and select the best General Consultant to complete construction of the Ballpark renovations.

2.2 Consultant will participate in the City’s procurement, review, and selection process for the General Consultant.

2.3 Consultant will provide construction and technical drawings and support services to selected General Consultant throughout the construction phase (including permitting process) to final project delivery. Support services include, but are not limited to: on-site review as needed, correspondence, meetings, discussion, plan revision as necessary, and design/construction problem resolution.

3. Specifications
Co
nsultant will provide the specified services and work products as outlined in (Attachment B – Work Plan).

4. Major Deliverables

4.1 Consultant shall provide one electronic copy in pdf format copy at 100% design stage for final review prior to plotting mylars and providing final specifications and engineer’s estimate.

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4.2 Consultant will provide the final submittal incorporating all previous review comments, survey information, technical requirements, right- of-way information, utility verification/protection, minimum Consultant qualifications, regulatory agency permits, mitigation monitoring requirements, applicable encroachment permit, and City requirements.

4.3 Consultant will provide the necessary final Plans, Specifications, and Estimates (PS&E) documents in a bid-ready form.

4.4 Consultant’s final submittal shall include:
a. One complete electronic plan set of reproducible 24”x36” as well as on mylars (after editorial review of 100% plan check via Bluebeam) b. Electronic stamped and signed final specifications (in Word and PDF format)
c. Electronic stamped and signed final cost estimate (in Excel and PDF format)
d. Drawing files in AutoCAD and PDF format on a flash drive.

5. Tasks That Support the Deliverables

5.1 Consultant will attend all project meetings (or conferen ce calls) with the City as needed to discuss and finalize the design through construction completion and acceptance. This is in addition to investigative and/or field meetings that Consultant will need to conduct to execute the intent of the project.

5.2 Consultant will establish clear and co nsistent communication with the City to discuss progress of design. The Consultant shall provide meeting minutes for all meetings.

5.3 Consultant shall be available and respond to questions concerning the plans, specifications, and estimates prior to bid opening and prepare contract addenda and letters of clarification. The Consultant sha ll provide supplemental project drawings as needed.

5.4 The Consultant will provide Engineering Services as required during construction.

The following are the minimum required services:

1. Attending the pre-construction meeting;

2. Reviewing shop drawing submittals;

3. Responding to requests for information (RFIs);

4. Preparing clarification sketches;

6. Internal and External Standards and Guidelines
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6.1 For the purpose of this service agreement, all development designs and construction documents generated by Consultant will be in compliance with:

a. MLB Facility Standards
b. Federal, State, County, and local laws and regulations.

7. Criteria of Acceptance for Deliverables

7.1 Each deliverable, as described in Section 3, developed or otherwise provided by Consultant, as part of this service agreement, shall be delivered to the City in print and an electronic version.

8. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Consultant: Pendulum Studio LLC City: City of Stockton Attn: Jonathan O’Neil Cole Attn: City Manager
1512 Holmes Street 425 N. El Dorado Street
Kansas City MO 64108 Stockton, CA 95202

9. Key Personnel

Jonathan O’Neil Cole, Principal/Owner, Pendulum Studio LLC Tina McCarty, Managing Director of Events & Parking, City of Stockton

EXHIBIT 1
REV 2022-05-17
Exhibit %:

Insurance Requirements
(Architectural Services)
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
((Not required if consultant provides written verification it has no employees)

4. Professional Liability/Errors and Omissions Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

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AAdditional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any EXHIBIT 1
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

SSelf-Insured Retentions

Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form w ith a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

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VVerification of Coverage

Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address

The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3
rd Floor – HR
Stockton, CA 95202

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EXHIBIT C

GENERAL TERMS AND CONDITIONS
Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Con VXOWDQW shall provide to City the services described in Exhibit A of the Agreement. Con VXOWDQW shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Con VXOWDQWshall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Con VXOWDQW only the facilities and equipment listed in Exhibit A to the Agreement.
Compensation. City shall pay Con VXOWDQWfor services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 Invoices submitted by Con VXOWDQW to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Con VXOWDQW
s invoice, City will review invoice, and if
acceptable make payment on approved invoice.

3.2 Upon completion of work and acceptance by City, Con VXOWDQW shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the &RQVXOWDQW fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
Sufficiency of &RQVXOWDQW
s Work . All Con VXOWDQW services, work, and
deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Con VXOWDQW s work shall be
adequate and sufficient to meet the purposes of this Agreement. Ownership of Work . All reports, work product, all other documents completed orpartially completed by Con VXOWDQW or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall becomethe property of the City. Any and all copyrightable subject matter in all materials is herebyassigned to the City and the ConVXOWDQW and its approved subcontractors agree
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to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Con VXOWDQW shall replace them at its own expense. Con VXOWDQW and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent. Timeliness. Time is of the essence in this Agreement. Further, ConVXOWDQW acknowledges that the failure of Con VXOWDQW to comply with the time limits described inExhibit A and Exhibit F may result in economic or other losses to the City. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Con VXOWDQWmay incur in performing such additional services, andConVXOWDQWshall not be required to perform any such additional services. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

ConVXOWDQW’s Status.

1 In performing the obligations set forth in this Agreement, Con VXOWDQW shall have the status of an independent c RQVXOWDQW and Con VXOWDQW shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Con VXOWDQW are its agents and employees and are not agents or employees of City. Con VXOWDQW by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Con VXOWDQW has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Con VXOWDQW It is understood by both Con VXOWDQW and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 &RQVXOWDQWshall determine the method, details and means of performing the work and services to be provided by Con VXOWDQW under this Agreement. ConVXOWDQW shall be responsible to City only for the requirements and results specified in this Agreement
and, except as expressly provided in this Agreement, shall not be subjected to City's 2 EXHIBIT 1
control with respect to the physical action or activities of Con VXOWDQW in fulfillment of this Agreement. Con VXOWDQW has control over the manner and means of performing the services under this Agreement. If necessary, Con VXOWDQW has the responsibility for employing other persons or firms to assist Con VXOWDQW in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of ConVXOWDQW All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Con VXOWDQW.

9.4 It is further understood and agreed that Con VXOWDQW must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Con VXOWDQW
V assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Con VXOWDQW shall be responsible for the work of subcontractors, which shall be s ubject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Con VXOWDQW is responsible to City for the acts and omission s of its subcontractors and persons directly or indirectly employed by them.

10.2 If in the performance of this Agreement any third persons are employed by ConVXOWDQW such persons shall be entirely and exclusively under the direction, supervision and control of Con VXOWDQW. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Con VXOWDQW.

10.3 It is further understood and agreed that Con VXOWDQW must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of ConVXOWDQWs personnel.

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Con VXOWDQW. The Agreement shall then be deemed terminated, and no further work shall be performed by Con VXOWDQW. If the Agreement is so terminated, the Con VXOWDQW shall be paid for the work actually completed at the time the notice of termination is received. 3 EXHIBIT 1

11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appr opriation. It is mutually understood between the Parties that payment to the Con VXOWDQW for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Con VXOWDQW has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
Non-Assignability. The Con VXOWDQW shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. ConVXOWDQW shall be solely responsible for reimbursing subcontractors. Indemnity and Hold Harmless. To the fullest extent permitted by law, ConVXOWDQW shall hold harmless, defend and indemnify City of Stockton and its officers,officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Con VXOWDQW’s performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Insurance. During the term of this Agreement, Con VXOWDQWshall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.

Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement. Conformance to Applicable Laws . Con VXOWDQW shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Con VXOWDQW shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 EXHIBIT 1
Licenses, Certifications and Permits . Prior to the City’s execution of this Agreement and prior to the Con VXOWDQW
s engaging in any operation or activity set
forthin this Agreement, Con VXOWDQWshall obtain a City of Stockton business license, whichmust be kept in effect during the term of this Agreement. Con VXOWDQW covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
Records and Audits . Con VXOWDQW shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Con VXOWDQWrenders services on a time and materials basis, Con VXOWDQW shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
Confidentiality. ConVXOWDQWshall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions. Conflicts of Interest . Con VXOWDQW covenants that other than this Agreement,ConVXOWDQWhas no financial interest with any official, employee or other representativeof the City. Con VXOWDQW and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Con VXOWDQW’s services under this Agreement. If such an interest arises, ConVXOWDQW shall immediately notify the City. Waiver. In the event either City or Con VXOWDQW at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
No Personal Liability. No official or employee of City shall be personally liable to ConVXOWDQWin the event of any default or breach by the City or for any amount due ConVXOWDQW.
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Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
Non-Discrimination. During the performance of this Agreement, Con VXOWDQWand its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Con VXOWDQW and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm . The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
Force Majeure . Neither party shall be respons ible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
Taxes and Charges. ConVXOWDQW shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Con VXOWDQW s business.
Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
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29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.1 This Agreement represents the entire integrated agreement between ConVXOWDQW and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Con VXOWDQWand City Manager.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
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EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.

1.2 “Deliverable” means q uantifiable goods or servic es that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.

2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.

3. Time for Performance.

3.1 Consultant shall perform the services according to the schedule contained in Exhibit F.

3.2 Timeliness of Performance i) Consultant shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Consultant nor Consultant’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other EXHIBIT 1
losses or expenses incurred by Consultant by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance
In a
ddition to Exhibit C, Section 4 and 17, Consultant agrees as follows:

4.1 Consultant’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’s profession currently practicing under similar conditions. Consultant shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Consultant is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Consultant shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.

4.2 Consultant acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Consultant agrees to be held to the standard of care of a fiduciary. Consultant shall assure that all services that require the exerci se of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Consultant must provide copies of any such licenses. Consultant remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Consultant or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.

4.3 If Consultant fails to comply with the foregoing standards, Consultant must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Consultant of its responsibility for the professional skill and care and technical accura cy of its Services and Deliverables. This provision in no way limits the City’s rights against Consultant either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Consultant shall be compensated for the services provided under this Agreement as follows:

5.1.1 Consultant shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed EXHIBIT 1
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Consultant may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Consultant shall provide subcontractors a copy of this fully executed Agreement.

6.2 Consultant agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of Consultant. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Consultant shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Consultant that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Consultant shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.

7. Reports and Information
Consultant shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.

EXHIBIT 1

8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Consultant under this Agreement are confidential and the Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Consultant shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Consultant’s possession without obligation of confidentiality, is independently developed by Consultant outside the scope of this Agreement or is rightfully obtained from third parties. Consultant shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Consultant for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.

10. Deliverables
Consultant shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Consultant for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Consultant has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Consultant of its failure. If Consultant does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.

Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Consultant of its commitments under this Agreement.

11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Consultant certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

EXHIBIT 1

EXHIBIT E

COMPENSATION SCHEDULE
The Consultant shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Consultant shall be paid on this Agreement is $478,090.00 (Four hundred seventy-eight thousand ninety dollars) (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Consultant.

Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Consultant to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Consultant shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Consultant in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Consultant at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbu rsed in accordance with the City’s travel policy, which is incorporated herein by reference.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

1.3 The Consultant shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Consultant based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.

Thereafter, Consultant must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

EXHIBIT 1

1.4 If work is completed before the “not to exceed” amount is reached, the Consultant’s compensation will be based on the Consultant’s invoices previously submitted for acceptable work performed and approved.

1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Consultant. Maximum markup Consultant may apply to subcontractor fees, minus reimbursable expenses, shall not exceed 10%.

2. Task Price . Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Task Description Task Price
1 Pro gramming and Concept $ 20,625.00
2 Schematic Desi gn $ 83,090.00
3 Desi gn Development $ 95,250.00
4 Construction Documents $ 140,300.00
5 Construction Administration $ 118,200.00
6 Contin gency/Reimbursables $ 20,625.00
TOTAL PRICE $478,090.00

3. Hourly Rates. The following is a list of hourly bill able rates that Consultant shall apply for additional services requested of the Consultant. Consultant shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this A
greement.

Hourly Billable Rate Schedule

Title

Role on Project
Hourly
Billable
Rates
Lead Architect $250
Senior Project Manager $175
Project Architect $150
Project Designer $110
Architect of Record $225
Principal Electrical
En
gineer
$200
Principal Civil Engineer $150
Principal Mechanical
Engineer
$130
Structural Engineer of
Record
$145
EXHIBIT 1
Technical Structural
Engineer
$145
Structural Project
Mana
ger
$135

4. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:

City of Stockton Events & Parking- Economic Development Department Attention: Managing Director of Events & Parking
425 N. El Dorado Street
Stockton, CA 95202
EXHIBIT 1

EXHIBIT F

TIMELINE

1. Consultant shall complete the requested services identified in Exhibit A as follows:

1.1 TIMELINE FOR COMPLETION OF WORK

1.1. 1 Consultant and City Acknowledge the commencement of the project will follow the date referenced in Section 2, page 1, of the Standard Agreement title page, but no later than twenty (20) days within the full execution of the Agreement, unless otherwise approved in writing by the City.

If the project is not operational by the date referenced above, Consultant must submit notification to the City describing steps taken to initiate the project, reasons for delay, and the expected starting date.

1.1.2 Consultant acknowledges the desire to have the Construction Drawings phase of the project completed by January 8, 2024.

1. TERM
2 .1 The terms of this agreement will continue through the completion of the construction, phase, but shall not exceed five years from the execution date of the Agreement.

EXHIBIT 1
EXHIBIT 1
Mi
nor League Team Name: Stockton Ports
Team Contact: Pat Filippone
4 04 West Freemont Street
Stock
ton, CA 95203
Phone:
209-639-4021
Email:
[email protected]
Major League Affiliation: Oakland Athletics
Team Classification: Low-A
League Affiliation: West
Team Ownership: 7th Inning Stretch, LLC
Facility Name: Banner Island Ballpark
Year Facility Was Built: 2005
Facility Location/Address: 404 West Freemont Street
Stockton, CA 95203
Facility Ownership: City of Stockton
Facility Contact: Cody Gralapp
SMG
24 8 West Freemont
Stock
ton, CA 95203
Phone:
209-373-1412
Email:
[email protected]
EXHIBIT 1
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η ^ŝŶŬǁŝƚŚŚŽƚΘĐŽůĚǁĂƚĞƌ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ
η ϱ dĞĂŵ>ĂƵŶĚƌǇ&ĂĐŝůŝƚǇ
η ϮĐŽŵŵĞƌĐŝĂůƋƵĂůŝƚǇǁĂƐŚĞƌƐ;DŝŶϭϰϬ&ƚĞŵƉ͖ϱϬůďĐĂƉĂĐŝƚǇͿ ŝ ŶĂƌǇ >Ϯ ͲͲͲ ϮϮ Ϯ ϭ Ϯ ϭĐŽŵŵĞƌĐŝĂůĂŶĚϭƌĞƐŝĚĞŶƚŝĂů η ϭĐŽŵŵĞƌĐŝĂůƋƵĂůŝƚǇĚƌǇĞƌ;DŝŶϳϬůďĐĂƉĂĐŝƚǇͿ ŝŶĂƌǇ >Ϯ ͲͲͲ ϮϮ Ϯ Ϭ Ϭ ;ϭͿϳϱůďĐŽŵŵĞƌĐŝĂůĂŶĚϭƌĞƐŝĚĞŶƚŝĂů η >ĂƵŶĚƌǇƐŝŶŬ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ
η >ŽĐĂƚĞĚƐĞƉĂƌĂƚĞůǇĨƌŽŵĐůƵďŚŽƵƐĞ͕ĚƌĞƐƐŝŶŐ͕ĂŶĚƚƌĂŝŶŝŶŐĂƌĞĂƐ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ η ϲ dĞĂŵ
ƋƵŝƉŵĞŶƚZŽŽŵ͗ŵŝŶ͘ϯϬϬƐ Ƌ͘Ĩƚ͖͘ůŽĐŬĂďůĞ͖ƌĞĂƐŽŶĂďůĞƉƌŽǆŝŵŝƚǇ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ η ϳ ,ŽŵĞ^ƚĂĨĨ>ŽĐŬĞƌƐͬƌĞƐƐŝŶŐƌĞĂ͗
η DŝŶŝŵƵŵŽĨϳƐƚĂĨĨůŽĐŬĞƌƐ͖ZĞŐƵůĂƚŝŽŶƐŝǌĞ 'ƌĂĚŝĞŶƚ >ϯ ϳϲϱ ϭϯ ϭ Ϭ ϲ ϭ ϲнϮŝŶDŐƌΖƐ;ϯϬΗǆϴϰΗͿ η ^ĞƉĂƌĂƚĞĨƌŽŵƉůĂǇĞƌĚƌĞƐƐŝŶŐĂƌĞĂ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ η ϴ ,ŽŵĞ&ŝĞůĚDĂŶĂŐĞƌΖƐKĨĨŝĐĞ͗
η ^ĞƉĂƌĂƚĞŵĂŶĂŐĞƌΖƐŽĨĨŝĐĞ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ
η ^ĞƉĂƌĂƚĞƚŽŝůĞƚ͕ƐŚŽǁĞƌ͕ĂŶĚĚƌĞƐƐŝŶŐĂƌĞĂ΀ŵĂǇďĞƐŚĂƌĞĚǁŝƚŚĐŽĂĐŚ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ :ĂĐŬͬ:ŝůů η DĞĞƚŝŶŐƐƉĂĐĞĨŽƌĂƚůĞĂƐƚϲƉĞŽƉůĞ ŝŶĂƌǇ >Ϯ ͲͲͲ ϮϮ Ϯ Ϭ Ϭ ŶŽƚĂďůĞ η ,ĂƌĚͲǁŝƌĞĚƉŚŽŶĞKZĂĚĞƋƵĂƚĞĐĞůůƉŚŽŶĞƌĞĐĞƉƚŝŽŶ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ η ^ĞĐƚŝŽŶϯdŽƚĂů ϭϲ
^ƚĂŶĚĂƌĚƵƚŽĨĨ
;>ĞƐƐdŚĂŶͿ WĞŶĂůƚǇZĂŶŐĞ
ϵͬϯͬϮϬϮϭ
3'/$XGLW_*UDGLQJ5XEULF_3DJHRI
EXHIBIT 1
&/>/dz^dEZ^͗'Z/E'ZhZ/ sŝŽůĂƚŝŽŶZĞƐƵůƚƐŝŶƵƚŽŵĂƚŝĐEŽŶͲŽŵƉůŝĂŶĐĞ ^dK<dKE
^ĞĐƚŝŽŶ &ĂĐŝůŝƚǇ^ƚĂŶĚĂƌĚ
'ƌĂĚŝŶŐ
ĂƚĞŐŽƌǇ
ZĞůĂƚŝǀĞ
/ŵƉŽƌƚĂŶĐĞ /EWhd 'ƌĂĚĞ ŽŵŵĞŶƚƐ
>Žǁ DŝĚ ,ŝŐŚ >Ž ǁ DŝĚ ,ŝŐŚ
^ƚĂŶĚĂƌĚƵƚŽĨĨ
;>ĞƐƐdŚĂŶͿ WĞŶĂůƚǇZĂŶŐĞ
ϵͬϯͬϮϬϮϭ
η
η ^ĞĐƚŝŽŶϰ sŝƐŝƚŝŶŐůƵď&ĂĐŝůŝƚŝĞƐ
η ϭ sŝƐŝƚŝŶŐůƵďŚŽƵƐĞͬƌĞƐƐŝŶŐƌĞĂ͗
η DŝŶŝŵƵŵηŽĨZĞŐƵůĂƚŝŽŶ>ŽĐŬĞƌƐ͗ϯϮ 'ƌĂĚŝĞŶƚ >ϯ ϯϮ ϯϬ Ϯϴ ϭ ϯ ϭϬ Ϯϵ ϯ ϯϬΗǆϴϰΗ η >ŽĐŬĂďůĞƐƚŽƌĂŐĞ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ
η DŝŶŝŵƵŵĨůŽŽƌƐƉĂĐĞ͗ϭ͕ϬϬϬƐƋ͘Ĩƚ͘;ǁĂůůͲƚŽͲǁĂůůĚŝŵĞŶƐŝŽŶƐͿ 'ƌĂĚŝ ĞŶƚ >ϯ ϭϬϬϬ ϵϬϬ ϴϬϬ ϭ ϯ ϭϬ ϴϭϬ ϯ η Ϯ sŝƐŝƚŝŶŐŽŵŵŝƐƐĂƌǇĂŶĚŝŶŝŶŐƌĞĂ͗
η DŝŶŝŵƵŵĨůŽŽƌƐƉĂĐĞ͗ϯϬϬƐƋ͘Ĩƚ͘΀ŵĂǆƉĞŶĂůƚǇŝĨŶŽƚƐĞƉĂƌĂƚĞƐƉĂ ĐĞ΁ 'ƌĂĚŝĞŶƚ >Ϯ ϯϬϬ ϮϱϬ ϭϳϱ ϭϮ ϱ Ϭ ϱ η ZĞĨƌŝŐĞƌĂƚŽƌ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ ƌĞĂĐŚͲŝŶĐŽŽůĞƌ
η &ƌĞĞǌĞƌ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ ϭ ϭ
η ^ŝŶŬ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ ϭ ϭ
η ŝƐŚǁĂƐŚĞƌ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ ϭ ϭ
η DŝĐƌŽǁĂǀĞ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ ϭ ϭ
η ^ƚŽƌĂŐĞĂďŝŶĞƚƐ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ ϭ ϭ
η ^ĞĂƚŝŶŐĂƌĞĂ;ŵŝŶ͘ϴƉĞƌƐŽŶĐĂƉĂĐŝƚǇͿ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ ϭ ϭ η ŽŵƉůŝĂŶĐĞǁŝƚŚƐĂŶŝƚĂƚŝŽŶĂŶĚĐůĞĂŶůŝŶĞƐƐƐƚĂŶĚĂƌĚƐ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ ϭ ϯ η ϯ sŝƐŝƚŝŶŐ^ŚŽǁĞƌĂŶĚdŽŝůĞƚ&ĂĐŝůŝƚŝĞƐ
η ^ŚŽǁĞƌŚĞĂĚƐ͗ϲ 'ƌĂĚŝĞŶƚ >ϯ ϲϱϰ ϭϯ ϭ Ϭ ϴ Ϭ
η tĂƚĞƌĐůŽƐĞƚƐ͗Ϯ ŝŶĂƌǇ ƌŝƚŝĐĂů ͲͲͲ ϭϬ ϭϬ ϭϬ Ϭ Ϭ Ϯ
η hƌŝŶĂůƐ͗Ϯ ŝŶĂƌǇ ƌŝƚŝĐĂů ͲͲͲ ϭϬ ϭϬ ϭϬ Ϭ Ϭ Ϯ
η >ĂǀĂƚŽƌŝĞƐ͗ϰ 'ƌĂĚŝĞŶƚ >ϯ ϰϯϮ ϭϯ ϭ Ϭ ϰ Ϭ
η ůůƐŚŽǁĞƌƐƉƌŽǀŝĚĞŚŽƚǁĂƚĞƌ;ϭϬϬн&Ϳ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ η ϰ sŝƐŝƚŝŶŐdƌĂŝŶŝŶŐZŽŽŵ
η DŝŶŝŵƵŵϯϬϬƐƋ͘Ĩƚ͘ 'ƌĂĚŝĞŶƚ >ϯ ϯϬϬ ϮϱϬ ϭϱϬ ϭ ϯ ϭϬ ϯϭϴ Ϭ η KĨĨŝĐĞĚĞƐŬ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ ϭ ϯ
η ϮƚƌĞĂƚŵĞŶƚƚĂďůĞƐ 'ƌĂĚŝĞŶƚ >ϯ ϯϮϭ Ͳϯ ϭ Ϭ Ϯ Ϭ
η ϮĨƵůůͲďŽĚǇǁŚŝƌůƉŽŽůƐ 'ƌĂĚŝĞŶƚ >Ϯ ϯϮϭ ͲϮϱ Ϭ ϱ ŚĂǀĞŽŶĞǁĂƚĞƌŚŽŽŬͲƵƉŽŶǁĂůů η /ĐĞŵĂĐŚŝŶĞ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ ϭ ϯ
η ,ǇĚƌŽĐŽůůĂƚŽƌ;ϰͲƉĂĐŬŵŝŶŝŵƵŵͿ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ η ŝŽŚĂǌĂƌĚǁĂƐƚĞƌĞĐĞƉƚĂĐůĞ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ
η ^ŝŶŬǁŝƚŚŚŽƚΘĐŽůĚǁĂƚĞƌ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ ϭ ϯ
η ϱ sŝƐŝƚŝŶŐ^ƚĂĨĨ>ŽĐŬ ĞƌƐͬƌĞƐƐŝŶŐƌĞĂ
η DŝŶŝŵƵŵŽĨϳƐƚĂĨĨůŽĐŬĞƌƐ͖ZĞŐƵůĂƚŝŽŶƐŝǌĞ 'ƌĂĚŝĞŶƚ >ϯ ϳϲϱ ϭϯ ϭ Ϭ ϲ ϭ ϯϬΗǆϴϰΗ η ^ĞƉĂƌĂƚĞĨƌŽŵƉůĂǇĞƌĚƌĞƐƐŝŶŐĂƌĞĂ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ η ϲ sŝƐŝƚŝŶŐ&ŝĞůĚDĂŶĂŐĞƌΖƐKĨĨŝĐĞ
η ^ĞƉĂƌĂƚĞŵĂŶĂŐĞƌΖƐŽĨĨŝĐĞ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ ϭ ϯ
η ^ĞƉĂƌĂƚĞƚŽŝůĞƚ͕ƐŚŽǁĞƌ͕ĂŶĚĚƌĞƐƐŝŶŐĂƌĞĂ΀ŵĂǇďĞƐŚĂƌĞĚǁŝƚŚĐŽĂĐŚ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ η DĞĞƚŝŶŐƐƉĂĐĞĨŽƌĂƚůĞĂƐƚϰƉĞŽƉůĞ ŝŶĂƌǇ >Ϯ ͲͲͲ ϮϮ Ϯ Ϭ Ϭ ƐƉĂĐĞŝŶŽĂĐŚĞƐ>ŽĐŬĞƌZŵ η ,ĂƌĚͲǁŝƌĞĚƉŚŽŶĞKZĂĚĞƋƵĂƚĞĐĞůůƉŚŽŶĞƌĞĐĞƉƚŝŽŶ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ η ^ĞĐƚŝŽŶϰdŽƚĂů ϯϴ
η
η ^ĞĐƚŝŽŶϱ ĚĚŝƚŝŽŶĂůdĞĂŵ&ĂĐŝůŝƚŝĞƐ
η ϭ ůĞĂŶŝŶŐĂŶĚ^ĂŶŝƚĂƚŝŽŶWƌŽƚŽĐŽůƐ
η ^ƵďŵŝƐƐŝŽŶĂŶĚĂƉƉƌŽǀĂůŽĨǁƌŝƚƚĞŶƉƌŽƚŽĐŽůƐ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ η ĚŚĞƌĞŶĐĞƚŽƉƌŽƚŽĐŽůƐ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ ĐůĞĂŶĞĚĚĂŝůǇďǇƚŚŝƌĚƉĂƌƚǇ͊ η Ϯ dĞĂŵ^ƚŽƌĂŐĞ͗ŵŝŶŝŵƵŵϮϬϬƐƋ͘Ĩƚ͘΀KƌϮǆŵŝŶŝŵƵŵϭϬϬƐƋ͘Ĩƚ͘΁ ŝ ŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ ϯϭϱƐĨ η ϯ hŵƉŝƌĞ&ĂĐŝůŝƚŝĞƐ
η
ŶŽƵŐŚƌĞŐƵůĂƚŝŽŶůŽĐŬĞƌƐĨŽƌηŽĨƵŵƉŝƌĞƐĂƚůĞǀĞůŽĨƉůĂǇ ŝŶĂ ƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ ;ϰͿϯϬΗǆϴϰΗ η DŝŶŝŵƵŵϮϬϬƐƋ͘Ĩƚ͘ 'ƌĂĚŝĞŶƚ >Ϯ ϮϬϬ ϭϳϱ ϭϱϬ ϭ Ϯ ϱ ϯϰϮ Ϭ η ϰ &ĞŵĂůĞ^ƚĂĨĨ&ĂĐŝůŝƚŝĞƐ͗
η WƌŝǀĂƚĞĚƌĞƐƐŝŶŐ͕ƐŚŽǁĞƌ͕ĂŶĚƚŽŝůĞƚĨĂĐŝůŝƚǇ΀ϭϬƉƚƚŽƚĂůƉĞŶĂůƚǇŝĨE΁ ŝŶĂƌǇ ƌŝƚŝĐĂů ͲͲͲ ϭϬ ϭϬ ϭϬ ϭ ϭϬ η ZĞĂƐŽŶĂďůĞƉƌŽǆŝŵŝƚǇƚŽŚŽŵĞĂŶĚǀŝƐŝƚŝŶŐĐůƵďŚŽƵƐĞƐ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ η DŝŶŝŵƵŵϰƌĞŐƵůĂƚŝŽŶůŽĐŬĞƌƐ 'ƌĂĚŝĞŶƚ >Ϯ ϰϯϮ ϭϮ ϱ
η DŝŶŝŵƵŵϮϬϬƐƋ͘Ĩƚ͘ 'ƌĂĚŝĞŶƚ >Ϯ ϮϬϬ ϭϳϱ ϭϱϬ ϭϮ ϱ
η ^ŚŽǁĞƌŚĞĂĚƐ͗Ϯ 'ƌĂĚŝĞŶƚ >ϯ E Ϯ ϭ E ϭ ϭϬ
η tĂƚĞƌĐůŽƐĞƚƐ͗Ϯ 'ƌĂĚŝĞŶƚ >ϯ E Ϯ ϭ E ϭ ϭϬ
η >ĂǀĂƚŽƌŝĞƐ͗Ϯ 'ƌĂĚŝĞŶƚ >ϯ E Ϯ ϭ E ϭ ϭϬ
η ϱ tĞŝŐŚƚZŽŽŵ͗
η KŶͲƐŝƚĞǁĞŝŐŚƚƌŽŽŵ;ŵŝŶϳϱϬƐƋ͘Ĩƚ͘ͿĂǀĂŝůĂďůĞƚŽ,нs΀ϭϬƉƚŶ ŽŶĞ΁ 'ƌĂĚŝĞŶƚ >ϯ ϳϱϬ ϲϬϬ ϰϱϬ ϭ ϯ ϭϬ ϱϱϬ ϯ η
ŶĐůŽƐĞĚ͕ĐůŝŵĂƚĞͲĐŽŶƚƌŽůůĞĚƐƉĂĐĞ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ η ZƵďďĞƌŵĂƚƐͬĨůŽŽƌŝŶŐ;ŽƌŽƚŚĞƌD>ůƵďĂƉƉƌŽǀĞĚĨůŽŽƌŝŶŐͿ ŝŶ ĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ ϭ ϭ ĐĂƌƉĞƚ η ϲ ,ŝƚƚŝŶŐͬWŝƚĐŚŝŶŐdƵŶŶĞůƐ͗
η dǁŽĐŽǀĞƌĞĚƉŝƚĐŚŝŶŐͬŚŝƚƚŝŶŐƚƵŶŶĞůƐ΀ϭϬƉƚƚŽƚĂůƉĞŶĂůƚǇŝĨ ůĞƐƐƚŚĂŶ ŝŶĂƌǇ ƌŝƚŝĐĂů ͲͲͲ ϭϬ ϭϬ ϭϬ Ϭ Ϭ dƵŶŶĞůϭ͗DŝŶŝŵƵŵĚŝŵĞŶƐŝŽŶƐ;ϭϮΖŚǆϭϱΖǁǆϳϱΖůͿ 'ƌĂĚŝĞŶƚ >Ϯ ^ĞĞƐĐŚĞĚƵůĞ ϭϮ ϰ E ϰ ϵǆϭϰǆϴϰ η dƵŶŶĞůϮ͗DŝŶŝŵƵŵĚŝŵĞŶƐŝŽŶƐ;ϭϮΖŚǆϭϱΖǁǆϳϱΖůͿ 'ƌĂĚŝĞŶƚ >Ϯ ^ĞĞƐĐŚĞĚƵůĞ ϭϮ ϰ E ϰ ϵǆϭϰǆϴϰ η WĂĚĚŝŶŐƉŝƚĐŚŝŶŐƐĐƌĞĞŶ;ϴΖǆϴΖͿ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ η ^ƵĨĨŝĐŝĞŶƚůŝŐŚƚŝŶŐƐǇƐƚĞŵƐ΀ŵŝŶŝŵƵŵϳϬĨĐ΁ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ ϭ ϭ η tĞůůͲǀĞŶƚŝůĂƚĞĚƐƉĂĐĞ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ ŽƉĞŶŽŶϮƐŝĚĞƐĂŶĚŶŽĨŽƌĐĞĚĂŝƌ͘ŽĞƐ ŶŽƚŐĞƚǁĞƚĨƌŽŵƌĂŝŶ
η WŽǁĞƌŽƵƚůĞƚƐ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ
η WƌŽĨĞƐƐŝŽŶĂůƋƵĂůŝƚǇŶĞƚƚŝŶŐǁŝƚŚŽƵƚĚĞĨĞĐƚƐ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ ϭ ϯ ůŽƚƐŽĨƉĂƚĐŚĞƐĞǀŝĚĞŶƚ͘^ŚŽƵůĚďĞ ƌĞƉůĂĐĞĚ
η ^ĞĐƚŝŽŶϱdŽƚĂů Ϯϲ
η
η ^ĞĐƚŝŽŶϲ ,ŝŐŚͲ^ƉĞĞĚ/ŶƚĞƌŶĞƚ
η ϭ WƌŝŵĂƌǇ/ŶƚĞƌŶĞƚŽŶŶĞĐƚŝŽŶ ŝŶĂƌǇ ƌŝƚŝĐĂů ͲͲͲ ϭϬ ϭϬ ϭϬ ϭ ϭϬ η Ϯ ^ĞĐŽŶĚĂƌǇ/ŶƚĞƌŶĞƚŽŶŶĞĐƚŝŽŶ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ ϭ ϯ η ^ĞĐƚŝŽŶϲdŽƚĂů ϭϯ
3'/$XGLW_*UDGLQJ5XEULF_3DJHRI
EXHIBIT 1
&/>/dz^dEZ^͗'Z/E'ZhZ/ sŝŽůĂƚŝŽŶZĞƐƵůƚƐŝŶƵƚŽŵĂƚŝĐEŽŶͲŽŵƉůŝĂŶĐĞ ^dK<dKE
^ĞĐƚŝŽŶ &ĂĐŝůŝƚǇ^ƚĂŶĚĂƌĚ
'ƌĂĚŝŶŐ
ĂƚĞŐŽƌǇ
ZĞůĂƚŝǀĞ
/ŵƉŽƌƚĂŶĐĞ /EWhd 'ƌĂĚĞ ŽŵŵĞŶƚƐ
>Žǁ DŝĚ ,ŝŐŚ >Ž ǁ DŝĚ ,ŝŐŚ
^ƚĂŶĚĂƌĚƵƚŽĨĨ
;>ĞƐƐdŚĂŶͿ WĞŶĂůƚǇZĂŶŐĞ
ϵͬϯͬϮϬϮϭ
η
η ^ĞĐƚŝŽŶϳ WůĂǇŝŶŐ&ŝĞůĚ
η ϭ &ŝĞůĚŝŵĞŶƐŝŽŶ ƐŽŵƉůŝĂŶĐĞ͗
η ŝƐƚĂŶĐĞĞƚǁĞĞŶĂƐĞƐ;нͬͲϯΗͿ ŝŶĂƌǇ >Ϯ ͲͲͲ ϮϮ Ϯ Ϭ Ϭ η WŝƚĐŚĞƌΖƐDŽƵŶĚ,ĞŝŐŚƚ;нͬͲϭΗͿ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ ϵ͘ϱΗŚĞŝŐŚƚ͖ŵŽƵŶĚƚŽƉůĂƚĞĚŝƐƚĂŶĐĞŝƐ ϲϬΖϴΗ
η WŝƚĐŚĞƌΖƐDŽƵŶĚ^ůŽƉĞ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ ϭ ϯ ^ůŽƉĞŝƐϭΗƚŽŽƐƚĞĞƉ η WůĂǇŝŶŐ^ƵƌĨĂĐĞ͗
η
EŽĚĞĨĞĐƚƐŽƌƚƌŝƉŚĂǌĂƌĚƐ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ ϭ ϯ
ϭͿ>ŝƉƐͲŝŶĨŝĞůĚƐŬŝŶĂŶĚǁĂƌŶŝŶŐƚƌĂĐŬĚŝƌƚ
ĞĚŐĞƐĂƌĞůŽǁŽŶŵĂƚĞƌŝĂů;нϭΗůŽǁͿ
ϮͿůůďĂƐĞĂŶĐŚŽƌƐĂƌĞŝŶƐƚĂůůĞĚƚŽŽůŽǁ
ǁŚŝĐŚƌĞƐƵůƚƐŝŶƚŚĞďĂƐĞďĞŝŶŐůĞƐƐƐĞĐƵƌĞ
ǁŚĞŶŝŶƐĞƌƚĞĚŝŶƚŚĞĂŶĐŚŽƌ͘dŚĞƚŽƉŽĨ
ƚŚĞϮĂŶĐŚŽƌŝƐŝŶƐƚĂůůĞĚϯΗďĞůŽǁ
ĨŝŶŝƐŚĞĚŐƌĂĚĞ͘DĂŶƵĨĂĐƚƵƌĞƌƐ
ƌĞĐŽŵŵĞŶĚĂƚŝŽŶŝƐĂŵĂǆŽĨϭΗďĞůŽǁ
ŐƌĂĚĞ͘
ϯͿKďƐĞƌǀĞĚĂĨĞǁĨŝĞůĚĚƌĂŝŶƐ͕ůŽĐĂƚĞĚŝŶ
ƌŽƵŶĚǀĂůǀĞďŽǆĞƐĂůŽŶŐƚŚĞƉĞƌŝŵĞƚĞƌŽĨ
ƚŚĞĨŝĞůĚǁĂůů͕ŶŽƚŝŶƐƚĂůůĞĚƉůƵŵď͘ĚũƵƐƚ
ǀĂůǀĞďŽǆĞƐƐŽƚŚĞǇĂƌĞůĞǀĞůǁŝƚŚƚŚĞ
ƚƌĂĐŬƐƵƌĨĂĐĞ͘
ϰͿKĨĨͲ&ŝĞůĚƵůůƉĞŶͲdŚĞǁĂƌŶŝŶŐƚƌĂĐŬ
ĂĚũĂĐĞŶƚƚŽƚŚĞƐǇŶƚŚĞƚŝĐƚƵƌĨǁŽŽĚĐƵƌď
ďǇƚŚĞĐĂƚĐŚĞƌΖƐĂƌĞĂŝƐůŽǁͲƚŚĞǁĂƌŶŝŶŐ
ƚƌĂĐŬŶĞĞĚƐƚŽďĞĨůƵƐŚǁŝƚŚƚŚĞƚƵƌĨͬĐƵƌď
ƚŽƉƌŽǀŝĚĞĂƐŵŽŽƚŚƚƌĂŶƐŝƚŝŽŶ
η tĂƌŶŝŶŐƚƌĂĐŬͲĐŽǀĞƌŝŶŐĂůůǌŽŶĞƐǁŝƚŚŝŶϭϱΖŽĨĂůůǁĂůůƐͬĨĞŶĐĞƐ ŝŶĂƌǇ >Ϯ ͲͲͲ ϮϮ Ϯ ϭ Ϯ tĂƌŶŝŶŐƚƌĂĐŬŝŶĨƌŽŶƚŽĨƚŚĞĚƵŐŽƵƚƐŝƐ ϭϯΖǁŝĚĞ
η tĂƌŶŝŶŐƚƌĂĐŬŵĂƚĞƌŝĂůͲƐƵĨĨŝĐŝĞŶƚůǇĚŝĨĨĞƌĞŶƚƐƵƌĨĂĐĞƚǇƉĞ ŝŶ ĂƌǇ >Ϯ ͲͲͲ ϮϮ Ϯ Ϭ Ϭ η Ϯ &ŝĞůĚ'ƌĂĚĞ
η &ůĂƚŝŶĨŝĞůĚƉůĂǇŝŶŐƐƵƌĨĂĐĞ΀
ǆŝƐƚŝŶŐĨĂĐŝůŝƚŝĞƐŝŶĐŽŵƉůŝĂŶĐĞƵƉƚŽ͘ϯϳ
й ŝŶĂƌǇ >Ϯ ͲͲͲ ϮϮ Ϯ Ϭ Ϭ
η DĂǆŝŵƵŵŐƌĂĚĞĨƌŽŵďĂƐĞůŝŶĞƚŽĚƵŐŽƵƚƐƚĞƉсϴΗ ŝŶĂƌǇ >Ϯ ͲͲͲ ϮϮ Ϯ ϭ Ϯ ϭϮΗŽĨĨĂůů η DĂǆŝŵƵŵŐƌĂĚĞĨƌŽŵƐĞĐŽŶĚďĂƐĞƚŽK&ǁĂƌŶŝŶŐƚƌĂĐŬсϮϬΗ ŝŶĂƌǇ > Ϯ ͲͲͲ ϮϮ Ϯ Ϭ Ϭ η ϯ &ŝĞůĚtĂůů
η DŝŶŝŵƵŵϴΖŚŝŐŚ΀ϱΖŵŝŶŝŵƵŵŝŶĨƌŽŶƚŽĨĞǆŝƐƚŝŶŐďƵůůƉĞŶƐ΁ ŝŶĂƌ Ǉ> ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ ϴΖŚ͖ϭϮΖŚŝŶ>& η WƌŽƚĞĐƚŝǀĞƉĂĚĚŝŶŐƵƉƚŽĂƚůĞĂƐƚϴΖŚŝŐŚ;ŽƌƚŽƉŽĨǁĂůůͿ ŝŶĂƌ Ǉ> ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ η ƉƉƌŽƉƌŝĂƚĞƐĂĨĞŐƵĂƌĚƐŽǀĞƌĂŶǇ>
Ɛ;ŝĨĂƉƉůŝĐĂďůĞͿ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ
η ϰ Ƶ ů ů Ɖ Ğ Ŷ Ɛ
η EĞǁĨĂĐŝůŝƚŝĞƐ͗ƵůůƉĞŶůŽĐĂƚŝŽŶŽĨĨƚŚĞƉůĂǇŝŶŐĨŝĞůĚ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ η WƌŽƚĞĐƚŝǀĞŽǀĞƌŚĞĂĚĐŽǀĞƌ;ŝĨŽĨĨƚŚĞƉůĂǇŝŶŐĨŝĞůĚͿ ŝŶĂƌǇ >Ϯ ͲͲͲ ϮϮ Ϯ ϭ Ϯ η EŽƚƌŝƉƉŝŶŐŚĂǌĂƌĚ;ŝĨŝŶĨŽƵůƚĞƌƌŝƚŽƌǇͿ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ η sŝƐŝďůĞƚŽďŽƚŚĚƵŐŽƵƚƐĂŶĚƉƌĞƐƐďŽǆ;ŽƌĂƉƉƌŽƉƌŝĂƚĞǀŝĚĞŽĨĞĞĚͿ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ η dǁŽƉŝƚĐŚŝŶŐŵŽƵŶĚƐĂŶĚŚŽŵĞƉůĂƚĞƐƉĞƌďƵůůƉĞŶ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ η ZĞŐƵůĂƚŝŽŶŝŵĞŶƐŝŽŶ;ŚĞŝŐŚƚĂŶĚƐůŽƉĞͿ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ ϭ ϯ ,ŽŵĞĂŶĚsŝƐŝƚŽƌƵůůƉĞŶƐůŽƉĞƐĂƌĞƚŽŽ ƐƚĞĞƉ
η ĞŶĐŚĨŽƌϭϬƉůĂǇĞƌƐŝŶĞĂĐŚďƵůůƉĞŶ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ η ĞĚŝĐĂƚĞĚƉŚŽŶĞƐŽƌǁĂůŬŝĞͲƚĂůŬŝĞƐǁŝƚŚĐŽŶŶĞĐƚŝŽŶƚŽĚƵŐŽƵƚ ŝŶ ĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ WŚŽŶĞƐ η ϱ Ƶ Ő Ž Ƶ ƚ Ɛ
η ĞŶĐŚ͗DŝŶŝŵƵŵϰϱΖƚŽƚĂůůĞŶŐƚŚ ŝŶĂƌǇ >Ϯ ͲͲͲ ϮϮ Ϯ Ϭ Ϭ ϱϮΖͲϭϬΗ η ĞŶĐŚǁŝƚŚƐĞĂƚďĂĐŬ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ
η ,ĞůŵĞƚƌĂĐŬĨŽƌŵŝŶŝŵƵŵŽĨϭϱŚĞůŵĞƚƐ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ η ĂƚƌĂĐŬĨŽƌŵŝŶŝŵƵŵŽĨϯϬďĂƚƐ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ η tĂƚĞƌƐŽƵƌĐĞǁŝƚŚŝŶϭϬϬΖŽĨĞĂĐŚĚƵŐŽƵƚ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ η EĞǁĨĂĐŝůŝƚŝĞƐ͗ŝƌĞĐƚĂĐĐĞƐƐƚŽƌĞƐƚƌŽŽŵ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ ŚĂǀĞďĂƚŚƌŽŽŵƐ η ŶƚŝͲƐŬŝĚƐƵƌĨĂĐĞŽŶƐƚĞƉƐĂŶĚǁĂůŬǁĂǇƐ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ ǇĞƐ͕ďƵƚƌƵďďĞƌƚŝůĞƐĂƌĞůŽŽƐĞĂŶĚ ƉŽƚĞŶƚŝĂůƚƌŝƉƉŝŶŐŚĂǌĂƌĚ
η WƌŽƚĞĐƚŝǀĞŶĞƚƚŝŶŐĂůŽŶŐĞŶƚŝƌĞƚǇŽĨĚƵŐŽƵƚŐƵĂƌĚƌĂŝů ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ ŶĞƚƚŝŶŐŶĞĞĚƐƌĞƉůĂĐĞĚ η ϲ &ŝĞůĚ
ƋƵŝƉŵĞŶƚ
η ĂƚƚŝŶŐĂŐĞ;ŵŝŶ͘ĚŝŵĞŶƐŝŽŶƐǁͬƉĂĚĚŝŶŐͿ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ η ůůƌĞƋƵŝƌĞĚ&ŝĞůĚ^ĐƌĞĞŶƐ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ
η ĂƚƚĞƌΖƐ
ǇĞ͗ŝŵĞŶƐŝŽŶƐ;DŝŶϯϬΖŚǆϲϬΖǁͿ΀EĞǁĨĂĐŝůŝƚŝĞƐсϯϲΖŚǆϲϬ ŝŶĂƌǇ >Ϯ ͲͲͲ ϮϮ Ϯ ϭ Ϯ ϭϵΖǆϳϴΖ η ĂƚƚĞƌΖƐ
ǇĞ͗EŽǁŚŝƚĞůĞƚƚĞƌŝŶŐͬďĂĐŬŐƌŽƵŶĚ͕ŵŽƚŝŽŶĞĨĨĞĐƚƐ͕Žƌ > ǁ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ
η &ŽƵůWŽůĞƐ͗ŵŝŶŝŵƵŵϯϬΖŚŝŐŚ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ
η &ŽƵůWŽůĞƐ͗ŵŝŶŝŵƵŵϴΖƉĂĚĚŝŶŐĂƚďĂƐĞ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ η ϳ &ŝĞůĚ>ŝŐŚƚŝŶŐǀĞƌĂŐĞ ĨĐ΀/ŶĨŝĞůĚ΁ 'ƌĂĚŝĞŶƚ >ϯ Ͳϵ Ϭ ϳ Ϭ ϭ ϯ ϭϬ ϵϰ Ϭ η &ŝĞůĚ>ŝŐŚƚŝŶŐǀĞƌĂŐĞĨĐ΀KƵƚĨŝĞůĚ΁ 'ƌĂĚŝĞŶƚ >ϯ Ͳϲ Ϭ ϱ Ϭ ϭ ϯ ϭϬ ϲϳ͘ϳ Ϭ η &ŝĞůĚ>ŝŐŚƚŝŶŐhŶŝĨŽƌŵŝƚǇZĂƚŝŽ΀/ŶĨŝĞůĚ΁ 'ƌĂĚŝĞŶƚ >Ϯ Ͳϭ ͘ ϯ ϭ ͘ ϳ ϭϮ ϱ ϭ ͘ Ϯ Ϯ ϭ η &ŝĞůĚ>ŝŐŚƚŝŶŐhŶŝĨŽƌŵŝƚǇZĂƚŝŽ΀KƵƚĨŝĞůĚ΁ 'ƌĂĚŝĞŶƚ >Ϯ ͲϮ ͘ Ϯ ϯ ͘ Ϭ ϭϮ ϱ Ϯ ͘ ϯ ϭ Ϯ η ϴ ĂƚƚŝŶŐĂŐĞ'ĂƚĞ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ
η ϵ ĂĐŬƐƚŽƉ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ
η ϭϬ WůĂǇŝŶŐ&ŝĞůĚdĂƌƉƐ͗ŝŶĨŝĞůĚ͕ ƉŝƚĐŚĞƌΖƐŵŽƵŶĚ͕ŚŽŵĞƉůĂƚĞ͕ďĂƐĞƉŝƚ͕ĂŶĚď ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ η ^ĞĐƚŝŽŶϳdŽƚĂů Ͳ ϮϬ
3'/$XGLW_*UDGLQJ5XEULF_3DJHRI
EXHIBIT 1
&/>/dz^dEZ^͗'Z/E'ZhZ/ sŝŽůĂƚŝŽŶZĞƐƵůƚƐŝŶƵƚŽŵĂƚŝĐEŽŶͲŽŵƉůŝĂŶĐĞ ^dK<dKE
^ĞĐƚŝŽŶ &ĂĐŝůŝƚǇ^ƚĂŶĚĂƌĚ
'ƌĂĚŝŶŐ
ĂƚĞŐŽƌǇ
ZĞůĂƚŝǀĞ
/ŵƉŽƌƚĂŶĐĞ /EWhd 'ƌĂĚĞ ŽŵŵĞŶƚƐ
>Žǁ DŝĚ ,ŝŐŚ >Ž ǁ DŝĚ ,ŝŐŚ
^ƚĂŶĚĂƌĚƵƚŽĨĨ
;>ĞƐƐdŚĂŶͿ WĞŶĂůƚǇZĂŶŐĞ
ϵͬϯͬϮϬϮϭ
η Ͳ
η ^ĞĐƚŝŽŶϴ DĂŝŶƚĞŶĂŶĐĞ Ͳ
η ϭ &ĂĐŝůŝƚǇDĂŝŶƚĞŶĂŶĐ Ğ^ƚĂĨĨΘWƌĂĐƚŝĐĞƐ Ͳ
η 'ƌŽƵŶĚƐŬĞĞƉĞƌǁͬƚƵƌĨĚĞŐƌĞĞŽƌŽƚŚĞƌĂƉƉƌŽǀĞĚĂĐĐƌĞĚŝĚĂƚŝŽŶ ŝŶ ĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ η
^ƵĨĨŝĐŝĞŶƚŐƌŽƵŶĚƐŬĞĞƉŝŶŐƐƚĂĨĨͲŶŽƉůĂǇĞƌŽƌĐŽĂĐŚƵƉŬĞĞƉƌĞƋ ƵŝƌĞĚ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ ϭ ϯ dŚĞĨĂĐŝůŝƚǇĚŽĞƐŶŽƚĞŵƉůŽǇĂŶĂƐƐŝƐƚĂŶƚ
ŐƌŽƵŶĚƐŬĞĞƉĞƌ͘&ƌŽŵĨŝĞůĚĐŽŶĚŝƚŝŽŶƐ͕ŝƚŝƐ
ĂƉƉĂƌĞŶƚƚŚĂƚŵŽƌĞůĂďŽƌŚŽƵƌƐĂƌĞ
ŶĞĞĚĞĚƚŽŝŵƉƌŽǀĞƚŚĞƋƵĂůŝƚǇŽĨƚŚĞ
ƉůĂǇŝŶŐƐƵƌĨĂĐĞ͘
η ƉƉƌŽǀĞĚ'ƌŽƵŶĚƐŬĞĞƉŝŶŐWƌŽŐƌĂŵƚŚĂƚŝƐĨŽůůŽǁĞĚďǇĐůƵď ŝŶĂƌǇ > ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ η Ϯ &ŝĞůĚDĂŝŶƚĞŶĂŶĐĞ
ƋƵŝƉŵĞŶƚ
η
ŝƌƚͬĐůĂǇĐĂƌĞĞƋƵŝƉŵĞŶƚ ŝŶĂƌǇ >Ϯ ͲͲͲ ϮϮ Ϯ ϭ Ϯ
&ĂĐŝůŝƚǇĚŽĞƐŶŽƚŚĂǀĞĂƐŵĂůů͕ŚŝŐŚZWD
ƚŝůůĞƌ;ƌĞĐŽŵŵĞŶĚĂŶ
ĐŚŽdϮϭϬ͕DĂŶƚŝƐ
ƚŝůůĞƌ͕ŽƌĞƋƵŝǀĂůĞŶƚͿŽƌƉůĂƚĞĐŽŵƉĂĐƚŽƌ͘
η dƵƌĨĐĂƌĞĞƋƵŝƉŵĞŶƚ ŝŶĂƌǇ >Ϯ ͲͲͲ ϮϮ Ϯ ϭ Ϯ &ĂĐŝůŝƚǇĚŽĞƐŶŽƚŚĂǀĞĂďŽŽŵƐƉƌĂǇĞƌ η ϯ WůĂǇŝŶŐ&ŝĞůĚZĞĐŽŶĚŝƚŝŽŶŝŶŐ ;ƉƌŝŽƌƚŽĞĂĐŚŐĂŵĞͿ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ Ϭ Ϭ η ϰ &ŝĞůĚDĂŝŶƚĞŶĂŶĐĞDĂƚ ĞƌŝĂůƐ;ƐƵĨĨŝĐŝĞŶƚĚƌǇŝŶŐŵĂƚĞƌŝĂůŽŶŚĂŶĚͿ ŝŶĂƌǇ >ϭ ͲͲͲ ϭϭ ϭ Ϭ Ϭ η
ϱ &ƵůůͲ&ŝĞůĚ/ƌƌŝŐĂƚŝŽŶ^ǇƐƚĞŵ ŝŶĂƌǇ >ϯ ͲͲͲ ϯϯ ϯ ϭ ϯ
ϭͿKďƐĞƌǀĞĚŝƌƌŝŐĂƚŝŽŶŚĞĂĚƐƚŚĂƚĂƌĞ
ŝŶƐƚĂůůĞĚƚŽŽůŽǁ;ƵƉƚŽϮΗͿ
ϮͿKďƐĞƌǀĞĚǀĂůǀĞďŽǆĞƐƚŚĂƚĂƌĞŝŶƐƚĂůůĞĚ
ƚŽŽůŽǁ;ϭ͘ϱΗͿ
η ϲ &ŝĞůĚƌĂŝŶĂŐĞ^ǇƐƚĞŵ ŝŶĂƌǇ >Ϯ ͲͲͲ ϮϮ Ϯ Ϭ Ϭ
^ĞĐƚŝŽŶϴdŽƚĂů ϭϬ
dKd>&/>/dz^KZ
ϭϮϳ
3'/$XGLW_*UDGLQJ5XEULF_3DJHRI
EXHIBIT 1
EXHIBIT 1
102.6

90.8 94.0

90.9 89.7 93.7

98.4 98.4 93.2
106.4 96.3 89.6 88.9

95.6 88.6 87.5

94.1 65.9 64.8

84.9 73.2 69.9 40.8

70.6 73.4 82.8

64.8 67.7 72.5 40.9

62.9 64.7 67.8

67.0 62.1

79.0 61.8

63.4 71.9

83.7 60.2

60.9 55.3
14 1
14 1
22 12
12 12
12 22
Banner Island Ballpark
EwingCole
Clear / 70°
120
2 94.0 FC 100 FC

1.2/1

2.0/1
70 FC
50 FC
70 FC
70 FC
50 FC
106.4/87.5 1.22/1

67.7 FC

94.1/40.8 2.31/1

45.0 FC

46.1 FC

15.8 FC

22.9 FC
Metal Halide - Light Structure Green
08/24/2021
Gossen-Mavolux 5032B
04/02/2021
1500 W
04/01/2005
Musco 90' 90' C1:80' '
H
V
EwingCole Project: 20200656

EXXEXXXXEXEXXXXXXXEXXEXXXEXEXXXHIHIHIHIHIHIHIHIHIHIHHIHIHIHHIHHHHHIIH BIBBIBBIBBIBBBIBBIIT TTTT T TTTTTTTTTTTTTTTT 111111111111111111111
106.4
102.6
Field Lighting Assessment
Name: Stockton Ports
Location: Stockton, CA
Affiliation: Oakland Athletics
Class: Low-A
League: West
H: Home Bullpen V: Visitor Bullpen
0 0
0 0
0 0
C2,C3,C4:88'
A1
B1
C1
C2
C3
C4
A2
B2
Lighting Assessment Information
Key Sports Lighting System Information Measurements
Stadium/Ballpark
Date Installed
Manufacturer
Lamp Type
Lamp Watts
Date of Readings
Readings Taken By
Light Meter
Meter Calibration Date
Weather/Temperature
Number of Lamps
Lamps Out
Height of Poles
A: C:B:

Requirements
Infield Average
H/L | Ratio
Outfield Average
H/L | Ratio
Home Bullpen Average
Visitor Bullpen Average
Hit/Pitch Tunnel 1 Average
Measured
Readings
Number of lamps
Number of lamps out
Lamps higher on
pole for field lighting
Lamps lower on pole
for up-lighting
PDL
Stds.

Hit/Pitch Tunnel 2 Average
Key Sports Lighting System Information Measurements
Lighting Assessment Information
EXHIBIT 1
Hit/Pitch Tunnel 2Hit/Pitch Tunnel 1

50.5 55.648.9

42.629.8

42.652.7

57.551.8

46.131.8

36.8 25.813.78.0

94.0 FC

1.22/1

67.7 FC

2.31/1

45.0 FC

46.1 FC 50 FC
50 FC
70 FC
70 FC
100 FC

1.2/1
70 FC

2.0/1

15.8 FC

22.9 FC

11.331.625.7
Additional Measurement Areas:

Summary of Findings:

Recommendations to meet PDL Facility Standards:

Special Notes on Installation:

Foot-candle Light Summary Data:

Field Lighting Assessment
Name: Stockton Ports
Location: Stockton, CA
Affiliation: Oakland Athletics
Class: Low-A
League: West EwingCole Project: 20200656

EXXEXXXXEXEXXXXXXXEXXEXXXEXEXXXHIHIHIHIHIHIHIHIHIHIHHIHIHIHHIHHHHHIIH BIBBIBBIBBIBBBIBBIIT TTTT T TTTTTTTTTTTTTTTT 111111111111111111111
Home Bullpen Visitor Bullpen
This sports lighting system currently does not comply with PDL Facility Standards. By a small margin, this system currently does not meet any of the field lighting requirements.

The hitting/pitching tunnels light levels do not meet the PDL Facility Standard.

In order to comply with the PDL Facility Standards, this sports lighting system needs one of the following approaches to be done to be compliant.

The first approach would be to clean and re-lamp all luminaires and to hire a qualified sports lighting specialist to help re-aim the system and take measurements until full compliance is confirmed.

The second approach would be to replace the system with a new LED sports lighting system. In this case, we would recommend you retain a qualified sports lighting designer and electrical engineer to establish project requirements for this specific site in order to properly engage a sports lighting manufacturer.

A new overall LED lighting layout is recommended to bring the hitting/pitching tunnel light level averages up to 70 FC.

Area Criteria Measured PDL Facility Standards
Infield Average
Uniformity Ratio
Average
Outfield Uniformity Ratio
Home Bullpen Average
Visitor Bullpen Average
Hitting/Pitching Tunnel 1 Average
Hitting/Pitching Tunnel 2 Average
2021 PDL Audit Report | Facility Photos - General | Page 1 of 3 SECTION 3.1: HOME CLUBHOUSE/DRESSING AREA SECTION 3.2: HOME COMMISSARY/DINING AREA SECTION 3.3: HOME SHOWER AND TOILET FACILITIES SECTION 3.4: HOME TRAINING ROOM SECTION 3.5: TEAM LAUNDRY FACILITY SECTION 3. 7: HOME STAFF LOCKERS/DRESSING AREA EXHIBIT 1
2021 PDL Audit Report | Facility Photos - General | Page 2 of 3 SECTION 4.1: VISITING CLUBHOUSE/DRESSING AREA SECTION 4.2: VISITING COMMISSARY/DINING AREA SECTION 4.4: VISITING TRAINING ROOM SECTION 4.5: VISITING STAFF LOCKERS/DRESSING AREA SECTION 5.5: WEIGHT ROOM
EXHIBIT 1

2021 PDL Audit Report | Facility Photos - General | Page 3 of 3

SECTION 5.6: HITTING/PITCHING TUNNELS SECTION 7: PLAYING FIELD

SECTION 7.3: FIELD WALL SECTION 7.5: DUGOUTS

SECTION 7.6.3: BATTER’S EYE SECTION 7.6.4: FOUL POLES EXHIBIT 1
2021 PDL Audit Report | Facility Photos – Samples of Non-Compliance | Page 1 of 2 S
ECTION 3.2: HOME COMMISSARY AND DINING

AREA IS NOT SEPARATED FROM THE LOCKER RM (IS

IN THE WEIGHT RM) IS MISSING MUCH OF THE
REQ’D EQUIPMENT AND HAS NO SEATING.

SECTION 4.1: THE VISITING CLUBHOUSE/DRESSING

AREA IS NOT BEG ENOUGH
SECTION 3.1: THE HOME CLUBHOUSE DRESSING

AREA IS
NOT LARGE ENOUGH.

SECTION 4.2: THERE IS NO VISITING
COMMISSARY/DINING AREA.

EXHIBIT 1
2021 PDL Audit Report | Facility Photos – Samples of Non-Compliance | Page 2 of 2 S
ECTION 4.4: THE VISITING TRAINING ROOM ONLY

HAS ONE FULL-BODY WHIRLPOOL AND DOES NOT
HAVE AN ICE MACHINE.

SECTION 5.5: THE WEIGHT ROOM IS NOT LARGE

ENOUGH AND DOES NOT HAVE RUBBER MAT
FLOORING.

SECTION 5.6: THE TWO HITTING/PITCHING TUNNELS
ARE NOT WIDE ENOUGH.

SECTION 7.5: THE DUGOUT HAS ANTI-SKID

FLOORING BUT THE RUBBER MATS ARE LOOSE WITH
GAPS AND PRESENT A TRIPPING HAZARD.

SECTION 7.6: THE BATTER’S EYE IS NOT TALL
ENOUGH.

EXHIBIT 1

2021 PDL Audit Report | Playing Field Photos – Samples of Non-Compliance | Page 1 of 1 SECTION 7 (PLAYING FIELD) – ADD ADDITIONAL
MATERIAL AROUND WOOD CURB in BULLPEN–

TRIPPING HAZARD

SECTION 7 (PLAYING FIELD) SURFACE DRAINS

INSTALLED ON WARNING TRACK ARE NOT LEVEL WITH

WARNING TRACK

SECTION 7 (PLAYING FIELD) – VALVE BOX IS INSTALLED

TOO LOW

SECTION 7 (PLAYING FIELD) – FIELD OVERVIEW PHOTO

EXHIBIT 1

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30
7R
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0/%EDOOSDUNDVVHVVPHQW

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WĂƚ&ŝůŝƉƉŽŶĞ
WƌĞƐŝĚĞŶƚ
^ĞǀĞŶƚŚ/ŶŶŝŶŐ^ƚƌĞƚĐŚ
^ƚŽĐŬƚŽŶWŽƌƚƐͬĞůŵĂƌǀĂ^ŚŽƌĞďŝƌĚƐͬ
ǀĞƌĞƚƚƋƵĂ^Žǆ
ϮϬϵͲϲϰϰͲϭϵϬϬ

&ƌŽŵ͗WĂƚ&ŝůŝƉƉŽŶĞ
^ĞŶƚ͗&ƌŝĚĂǇ͕^ĞƉƚĞŵďĞƌϭϬ͕ϮϬϮϭϰ͗ϱϴD
dŽ͗^ĐŚŵŝƚƚ͕ƌĂŝŐ:͘фĐƐĐŚŵŝƚƚΛĞǁŝŶŐĐŽůĞ͘ĐŽŵх
^ƵďũĞĐƚ͗&t͗ĨŽůůŽǁͲƵƉƋƵĞƐƚŝŽŶƌĞ͗D>ďĂůůƉĂƌŬĂƐƐĞƐƐŵĞŶƚ
ƌĂŝŐʹƐĞĞďĞůŽǁĨƌŽŵŽƵƌ/dĐŽŵƉĂŶǇ͘>ĞƚŵĞŬŶŽǁŝĨǇŽƵŶĞĞĚĂŶǇƚŚŝŶŐĞůƐĞĨƌŽŵŵĞŝŶƚŚŝƐŵĂƚƚĞƌ͘
hd/ŝƐhƚŝůŝƚǇdĞůĞƉŚŽŶĞʹĂůŽĐĂůƉƌŽǀŝĚĞƌ͘tĞŚĂǀĞƚǁŽƉƌŽǀŝĚĞƌƐĨŽƌďĂĐŬƵƉͬĂĐĐĞƐƐ͕ĞƚĐ͘
WĂƚ&ŝůŝƉƉŽŶĞ
WƌĞƐŝĚĞŶƚ
^ĞǀĞŶƚŚ/ŶŶŝŶŐ^ƚƌĞƚĐŚ
^ƚŽĐŬƚŽŶWŽƌƚƐͬĞůŵĂƌǀĂ^ŚŽƌĞďŝƌĚƐͬ
ǀĞƌĞƚƚƋƵĂ^Žǆ
ϮϬϵͲϲϰϰͲϭϵϬϬ

&ƌŽŵ͗ZĂǇŵŽŶĚ^ŵŝƚŚфƌĂǇƐŵŝƚŚΛĞǌͲŶĞƚƐǇƐ͘ŶĞƚх
^ĞŶƚ͗&ƌŝĚĂǇ͕^ĞƉƚĞŵďĞƌϭϬ͕ϮϬϮϭϰ͗ϮϵD
dŽ͗WĂƚ&ŝůŝƉƉŽŶĞфW&ŝůŝƉƉŽŶĞΛƐƚŽĐŬƚŽŶƉŽƌƚƐ͘ĐŽŵх
^ƵďũĞĐƚ͗Z
͗ĨŽůůŽǁͲƵƉƋƵĞƐƚŝŽŶƌĞ͗D>ďĂůůƉĂƌŬĂƐƐĞƐƐŵĞŶƚ

,ŝWĂƚ

ƵƌƌĞŶƚŝŶƚĞƌŶĞƚŝƐ͗
ŽŵĐĂƐƚϯϬϬͬϯϬ;ĚŽĞƐŶŽƚŵĞĞƚƚŚĞϲ͘ϭƐƚĂŶĚĂƌĚ͕ďƵƚĐŽƵůĚŵĞĞƚƚŚĞϲ͘ϮďĂĐŬƵƉƐƚĂŶĚĂƌĚͿ hd/;ĂĐŬƵƉͿϮϬͬϮϬ;ƉŽƐƐŝďůǇŵĞĞƚƐƚŚĞϲ͘ϮďĂĐŬƵƉƐƚĂŶĚĂƌĚ͞ŽƌƚŚĞŚŝŐŚĞƐƚƐŚĂƌĞĚďĂŶĚǁŝĚƚŚĐŽŶŶĞĐƚŝŽŶĂǀĂŝůĂďůĞ͟
/ĨdΘdĐĂŶĚĞůŝǀĞƌĨŝďĞƌƚŽŐĞƚϯϬϬͬϯϬϬĨŽƌϲ͘ϭǁŽƵůĚƌĞƋƵŝƌĞĂϱϬϬͬϱϬϬ;ĂƚƚĚŽĞƐŶ͛ƚƐĞůůĂϯϬϬŵďůĞǀĞůͿ͕ĂƉƉƌŽǆ͘ Ψϭ͕ϳϭϭ͘ϭϴͬŵŽŽŶĂϯǇĞĂƌĐŽŵŵŝƚŵĞŶƚ
ůƐŽŝƚŝƐƉŽƐƐŝďůĞǁĞĐŽƵůĚŐĞƚĐŽŵĐĂƐƚĚĞĚŝĐĂƚĞĚĨŝďĞƌ͕ďŽƚŚǁŽƵůĚƌĞƋƵŝƌĞƐŽŵĞƌĞƐĞĂƌĐŚ͘EŽƚĞĨŝďĞƌŝŶƐƚĂůůƐĐĂŶƚĂŬĞ ϲнŵŽŶƚŚƐ͕ƐŽŬĞĞƉƚŚĂƚŝŶŵŝŶĚĨŽƌǁŚĞŶƚŚŝƐŝƐŶĞĞĚĞĚ͘
>ĞƚŵĞŬŶŽǁŝĨǇŽƵŚĂǀĞĂŶǇĂĚĚŝƚŝŽŶĂůƋƵĞƐƚŝŽŶƐ͘

EXHIBIT 1

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EXHIBIT 1
Request for Proposals (RFP) PUR 23-022
Architectural Services for Ballpark MLB Standards Upgrade Prepared by Pendulum
for the City of Stockton, California
Thursday, March 23, 2023
EXHIBIT 1
March 23, 2023
To: City of Stockton
**! (SL_HUKYPH +L 3HZOT\[[ 6ɉJL VM [OL *P[` *SLYR
425 North El Dorado Street, First Floor | Stockton, CA 95202-1997 e: [email protected] | t: 209.937.8357
Re: Request for Proposals (RFP) PUR 23-022 – Architectural Services for Ballpark MLB Standards Upgrade Dear Ms. De Lashmutt and the Evaluation Panel:
,UJSVZLK ^P[O [OPZ SL[[LY WSLHZL ÄUK [OL 7LUK\S\T WYVWVZHS MVY (YJOP[LJ[\ YHS :LY]PJLZ HZZVJPH[LK ^P[O [OL 43) :[HUKHYKZ <WNYHKL H[ )HUULY 0ZSHUK )HSSWHYR PU [OL *P[` VM :[VJR[VU *( >L HYL [OYPSSLK [V IL JVUZPKLYLK MVY [O PZ VWWVY[\UP[` HUK ÄYTS` ILSPL]L [OH[ ^L HYL [OL YPNO[ [LHT [V JVSSHIVYH[L ^ P[O the City of Stockton to deliver the most state-of-the-art ballpark renovation and improvements project. 0[ PZ V\Y OVWL [OH[ V\Y YLZWVUZL [V [OL *P[`»Z 9LX\LZ[ MVY 7YVWVZHSZ PZ UV[ VU S` PUMVYTH[P]L I\[ HSZV PTWYLZZLZ \WVU [OL TPUK VM [OL YLHKLY [OL MHJ[ [OH[ the Pendulum team is dedicated and committed to not only the design and development of ballparks and municipal projects, but more importantly that we are advocates for the healthy growth and advancement of communities. Our combined experience in the industry informs us that great design is only a fraction of the equation in the long-term success of a ballpark.

The Pendulum team is best suited for assisting the City of Stockton with this project because the foundation of our approach is entrepreneurial. As owners of our business, we as entrepreneurs are less “traditional” as it relates to architects who simply design beautiful buildings; our focus is on the long-term success of our clients. We do not believe in design just for the sake of design, thus creating shrines to ourselves, our work is on behalf of the communities we serve.
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Sincerely,
1VUH[OHU 6»5LPS *VSL (0( 5*(9) 564( c -V\UKLY*,6 7LUK\S\T e: [email protected] | direct: 816.399.5251 | mobile: 816.694.6777 1512 Holmes Street, Kansas City, MO, 64108
NCARB #130053, Cert. #64360
1 2
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EXECUTIVE SUMMARY

REFERENCES

PROJECT WORK PLAN

PROJECT SCHEDULE

PROJECT TEAM
PROJECT UNDERSTANDING + APPROACH

PROJECT WORK MATRIX

APPENDIX AND ATTACHMENTS
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EXHIBIT 1

EXECUTIVE SUMMARY
As the responding Proponent to the City of Stockton’s Request for Proposal, Pendulum shall include the following key members of our architectural and engineering design team for the scope of services requested:
• Jonathan O’Neil Cole, AIA, NCARB, NOMA, Lead Architect • John Iiams, Senior Project Manager
• Ian Glidden, Architect of Record
• Andrew Randolph, SE, Structural Engineer of Record
• Ryan Fitzpatrick, SE, Technical Structural Engineer
• Mike Auchter, PE, Structural Project Manager
• L. Alberto Lopez, RCE, QSD/P , Principal Civil Engineer • Scott Boyle, PE, LEED AP , Principal Mechanical/Plumbing Engineer • Steve Eastham, PE, Principal Electrical Engineer
The Pendulum team lead by Jonathan O’Neil Cole is an assembly of design professionals with extensive experience in large scale ballpark, public development and similar-complexity projects that have consistently materialized into built work. The requirements and scope of this RFP most closely aligns with Pendulum’s successful execution of the renovations at Neuroscience Group Field in Appleton, WI as well as RXUFXUUHQWHσRUWVLQEHKDOIRIWKH'D\WRQ'UDJRQVLQ'D\WRQ2+DW'D\ Air Ballpark, among several other current ballpark renovation projects underway.
(Z PZ Z[H[LK PU V\Y ÄYT WYVÄSL 7LUK\S\T PZ JVTTP[[LK [V WYV]PKPUN meaningful Principal involvement on the design team. This is one of the HK]HU[HNLZ VM 7LUK\S\T ILPUN JVUZPKLYLK ¸[OL IPNNLZ[ ZTHSS ÄYT PU sports”; our clients receive the undivided attention of our owner versus ILPUN WHZZLK VɈ [V Q\UPVY Z[HɈ VUJL [OL WYVQLJ[ PZ ^VU >L HYL M\SS` committed and available to execute any and all tasks associated with the scope of this project - we challenge ourselves to exceed expectation, and V\Y JSPLU[Z» [Y\Z[ PZ VM WHYHTV\U[ PTWVY[HUJL

PROJECT TEAM
2 7KHTXDOLðFDWLRQVDQGH[SHULHQFHRIWKH3HQGXOXPWHDPZLOOHQVXUH that all City of Stockton and project stakeholder goals are met. Our proposed work plan outlined in this response has been designed to encourage collaboration through multiple formats including bi-weekly Zoom meetings and three to four on-site visits/formal presentations at key milestones. To help facilitate all stakeholder’s ability to visualize the stated scope of work the Pendulum team will utilize Building Information Modeling (BIM) and virtual reality experiences that allow on screen manipulation of our models as well as real time walkthroughs of proposed improvements using virtual reality goggles.

In compliance with the requirements of the RFP we have included our detailed project understanding and approach, professional references for relevant projects, and a detailed proposal fee associated with the scope of work that shall occur over a period of eight (8) months from notice to proceed [NTP through completion of Construction Documentation].

DAY AIR BALLPARK - DAYTON, OH
1 “When comes to sports facilities, Jonathan Cole ‘gets it’. He is a listener and I have come to see that he
appreciates feedback and wants to get to know who the
operator plans to use the facility.”
- Rob Zerjav, President, Wisconsin Timber Rattlers
EXHIBIT 1
Pendulum is a Kansas City, Missouri-based
architectural practice with satellite offices
in Gastonia, North Carolina and Greenbelt,
Maryland.

Pendulum specializes in the design and
documentation of commercial, boutique
hospitality, sports, retail and residential projects.

Our track record as experts in facility assessment,
fan experience enhancement, capital improvement
planning, and phased facility maintenance support
has promoted the economic sustainability of our
clients’ municipal assets. Instead of designing
for the sake of design, Pendulum attacks projects
from the vantage point of the operator. Simply
put - we are pro forma based designers, we design
with the purpose of maximizing the use of every
square-inch of the facility which fosters increased
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patron comfort, and increased owner/operator
revenue. Our design promotes a lifestyle rather
than just a project.

In 2007, the principal/owner of Pendulum,
Jonathan O’Neil Cole, had a vision of opening
an entrepreneurial practice devoted to
strategy-oriented projects and client-centered
relationships. As an expert in an array of
architectural building types, he has focused our
practice on community enhancement and sports
facility design. Just as a Pendulum is smooth,
balanced, in perpetual motion and elegant
harmony, this visual metaphor aptly describes our
design philosophy and process, we capture the
vibrant interaction between shape, motion, and
form.
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you get dedicated, direct, and continuous
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principal/owner is a “working principal” so the high
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same expectation of our principal as it relates all
aspects of project delivery including sketching,
drafting, 3D modeling, project documentation,
and exhibiting an overall knowledge of advanced
industry technology, market trends, and thought-
leadership.

OUR DESIGNS SHAPE COMMUNITIES

ORGANIZATIONAL CHART

CAROMONT HEALTH PARK - GASTONIA, NC
EXHIBIT 1
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Civil Engineering
CLAD Consulting provides civil engineering design,
project management, and construction services
throughout California. Our single point-of-contact
approach seamlessly governs your project from
concept, through planning, into design and
construction. We consistently focus a step ahead to
proactively address potential problems before they
arise.

Core Capabilities
CLAD Consulting brings comprehensive, in-house
expertise to the entire project process, from concept
development, planning, and design to construction
completion and close-out. Our multidisciplinary
team is centered on client aspirations and delivering
quality designs and successful outcomes.
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With nearly 90 years of combined industry
experience, CLAD Consulting brings a full range of
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solutions and practical, buildable designs. Our
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our innovative, analytical approach to identifying
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communications.

CLAD
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Architecture
swigSPACE was formed in 2020 and is based in
Marin County north of San Francisco. swigSPACE
focuses on regional projects ranging from small
commercial projects to high-end custom single-
family homes.

Much of our work is in collaboration with other
architects and designers. swigSPACE shall serve
the role of Architect of Record and California
Licensed Architectural Oversight for this project
for the City of Stockton, working closely with Lead
Architectural Firm, Pendulum.
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Partner: Stephanie Wong, architect
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Specialized Structural Engineering
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is a high-performance engineering group that
specializes in collaborative professional services
and is dedicated to client satisfaction. Founded
in May 2010 by Andrew R. Randolph, President
and Ryan J. Fitzpatrick, Vice-President, Visalia,
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services to Central California areas including
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the western United States. We bring over 60 years
combined experience to specialize in architectural,
institutional, industrial, agricultural, commercial, and high-end residential projects. Our focus is project
delivery and client relationship-building.
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unite in pursuit of a common goal. To this purpose,
structural engineering seeks to create a built
environment that is resistant to the forces of nature
and environment, is safe and practical for human
use, and is aesthetically pleasing in its own regard.
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environmentally responsible manner.

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Electrical Engineering Design
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Visalia, California and performs projects throughout
the Central and Northern California areas. Our
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professionals can support projects of varying types
and sizes.

Our work experience includes projects such
as clinics, schools, hospitals, airport facilities,
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treatment plants, to name just a few. Our vast
experience in project types exposes us to new and
state-of-the-art products and technology, which
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technical expertise to produce systems that meet
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energy conservation, and function of each space,
aesthetics and ease of maintenance.

We strive to produce contract documents that are
clear in their intent and that promote competitive
bidding. Whenever possible the materials and
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local suppliers. Computer technology is used
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calculations and billing procedures.
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Mechanical and Plumbing Engineering Design
Caliber Mechanical Design, owned and operated
by Scott E. Boyle, PE, was founded in 2013 with
the idea that an engineering company can provide
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emphasis on clear communication within the A/E
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Mr. Boyle has completed designs ranging from
multi-story hotels, remote cold-weather Alaskan
health clinics, residential new construction and
additions, California school modernizations,
military base pump houses, and commercial
tenant improvements. Caliber Mechanical Design
is always ready to meet new project challenges
and prides itself in providing top quality design
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schedule.

DUNKIN’ DONUTS PARK
EXHIBIT 1
PENDULUM:

BALLPARK EXPERTS ON YOUR TEAM
MLB PDL Compliance Project Expertise
The introduction of the Major League Baseball (MLB) Player Development License (PDL) requirements in 2021 has totally restructured Minor League Baseball as we’ve known it. Pendulum will take the lead in not only complying with current MLB PDL standards at Banner Island Ballpark, but we will also be instrumental in helping the project stakeholders anticipate pending updates for the future. For instance, it has just come to our attention that MLB is currently contemplating the extension of protective netting from foul pole to foul pole for adoption in the 2025 PDL.

As we’ve seen with several of the recent municipalities we have assisted with PDL compliance studies in the last twelve months, including the City of Stockton, there is nothing more frustrating than funding a new facility only a season ago to now must contemplate additional expenditures of WKUHHWRðYHPLOOLRQGROODUVEHFDXVHWKHQHZIDFLOLW\QRORQJHUFRPSOLHV with MLB design standards. Pendulum’s experience of having active UHODWLRQVKLSVZLWKDτOLDWHWHDPVDQGRQJRLQJFRQYHUVDWLRQVZLWK0/% stakeholders will be critical to the City of Stockton as we work together to avoid short-term thinking but instead focus on the future. This methodology will work hand in hand with the to be determined General &RQWUDFWRUFRPSDQ\DVWKH\OHDGWKHFKDUJHLQTXDQWLI\WKHðQDQFLDO impacts of the changing landscape of MLB facility requirements.

Pendulum’s founding principal Jonathan Cole has devoted his entire career to the design and development of sports facilities with an emphasis on Minor League (MiLB) ballparks. With 28 built facilities on his resume, and a vault full of ballparks that didn’t make it past the predevelopment phase, it is safe to say that Jonathan lives and breathes baseball.
2QHRIWKHNH\GLσHUHQWLDWRUVEHWZHHQ-RQDWKDQDQGRWKHUVSRUWV architects is the amount of time he has spent working with professional baseball organizations and operators to understand their business model and pro-forma. At an early stage of his career he was mentored by Mr. +HQU\6WLFNQH\IRUPHU&(2RI0DQGDOD\%DVHEDOO3URSHUWLHV+DQNDQG Jonathan spent a great deal of time collaborating on Fifth Third Field LQ'D\WRQ2+RQHRIWKHPRVWVXFFHVVIXO0L/%IUDQFKLVHVLQVSRUWV history with over 17 consecutive sold out seasons and counting. During WKLVSURMHFW+DQNWDXJKW-RQDWKDQKLVSKLORVRSK\RQPD[LPL]LQJWKHIDQ experience, branding, sponsorship, premium amenities, and diversity in seating inventory. Jonathan applied this knowledge to his projects that followed while continuing to hone his design skills and making edits in certain areas that coincided with his own thoughts.

When speaking with experienced operators in the baseball industry about sports architects you’ll likely hear one of two things. Either the architect is a “designer”, which typically has the negative connotation that the architect might design neat things but overall just doesn’t understand the business side of the baseball business. In contrast you might hear, “he’s a baseball guy”, meaning the architect not only understands how DEDOOSDUNRSHUDWHVEXWDOVRLVLQV\QFZLWKWKHIURQWRτFHWHDPDQG works hand-in-hand with them to design elements and features of the EDOOSDUNWKDWZLOODVVLVWWKHPLQPD[LPL]LQJWKHLUðQDQFLDOVXFFHVVZKLOH avoiding things that may compromise the stated intent of the MLB Facility Standards. Although this doesn’t mean that some of the rules (non player or fan safety related), shouldn’t be challenged from time to time, but overall being referred to as “a baseball guy” means the architect gets what the team has set out to accomplish; Jonathan is certainly a “baseball guy”.

Beyond being just a practitioner, Jonathan dedicates a great deal of time and energy in writing about his thoughts on the future of sports facility design. It is clear from his design approach that technology is the next frontier in sports. While many recent PDL Assessments completed by Pendulum are currently underway, Pendulum is fully capable and ready to begin documentation upon a Notice to Proceed from the City and complete construction documentation by December 2023, as noted in the Project Schedule section of this proposal. Below is a current list of PDL Assessments by Pendulum for reference, showcasing our expertise in this project type:

PDL Assessments: Pendulum

1. 'D\WRQ'UDJRQV'D\WRQ2+
0/%$SSURYDO

2. Wisconsin Timber Rattlers - Appleton, WI (MLB Approval)

3. Winston Salem Dash - Winston Salem, NC (MLB Approval)

4. 6SULQJðHOG&DUGLQDOV6SULQJðHOG02
0/%3HQGLQJ

5. Stockton Ports - Stockton, CA (MLB Approval)

6. +DUWIRUG<DUG*RDWV+DUWIRUG&7
0/%$SSURYDO

7. Rocket City Trash Pandas - Madison, AL (In Progress) 3HQGXOXPDVDVVHPEOHGDWHDPRIKLJKO\TXDOLðHGFRQVXOWDQWVWREULQJ the City of Stockton’s Banner Island Ballpark project to realization.

Working closely with Pendulum, swigSPACE architects shall serve as local, California licensed project oversight and assistance with FRQVWUXFWLRQDGPLQLVWUDWLRQDVQHHGHG/RFDOHQJLQHHULQJðUPV&/$' Consulting, Zeltmacher, RSE & Associates, and Calibur Mechanical Design, shall use their respective expertise in projects of similar scale and complexity to deliver a successful project for the City. The Pendulum team will exceed expectations in bringing the Banner Island Ballpark project from concept/schematic design phase through construction documentation to project closeout and completion. The current and projected workload of each of the key personnel has been taken into consideration and Pendulum is committed to performing the proposed work within the time limits of the project for the City.

Quality Control of All Deliverables
Quality control assurance begins with the entire project team XQGHUVWDQGLQJDQGHPEUDFLQJYLVLRQDQGH[SHFWDWLRQVWKHGHðQHGYLVLRQ for the City of Stockton in all areas including cost, quality, scope and schedule. To have a successful project we will strike a balance between each of these aspects of the project. This understanding becomes the

AUTOZONE PARK - MEMPHIS, TN

NEUROSCIENCE GROUP FIELD - APPLETON, WI
basis for our agreement. The process of delivering a quality project includes four components:

1. Selecting the best team

2. Establishing expectations

3. Regularly monitoring progress toward meeting the expectations

4. Adjusting the plan of action to meet the expectations The Pendulum team believes the process of delivering a quality SURMHFWUHTXLUHVFRRSHUDWLRQFRPPXQLFDWLRQFRRUGLQDWLRQñH[LELOLW\ and action. As you know, quality is result of selecting the best team, establishing clear expectations, incrementally monitoring progress toward meeting those expectations and making necessary adjustments to achieve the desired outcome. Creating quality is not a task, rather our team’s attitude about working collaboratively with you to deliver the best possible project at Banner Island Ballpark.

The Pendulum Project Team Resumes are included in the Appendix, found at the end of our proposal.

EXHIBIT 1

PENDULUM REFERENCES
3 PENDULUM PROJECT REFERENCES
Project: Neuroscience Group Field Renovation
Reference: Rob Zerjav
President, Wisconsin Timber Rattlers
t: 704.689.4029 | e: [email protected]
Description and Scope of Services:
“Pendulum’s design collaboration with the Timber Rattlers on the successful 2013 renovation of Neuroscience Group Field at Fox Cities Stadium was transformational – it made a statement,” said Pendulum’s lead architect and CEO, Jonathan O’Neil Cole. “One of the things that makes the current phase of planned improvements so special is the fact that our organizations continue to grow together. The latest round of amenities are a culmination of our experience in the market place, new ideas, proven successes, and innovative ways of creating unique and exciting experiences for attendees at games and events. We sincerely EHOLHYHYLVLWLQJRUJDQL]DWLRQV7LPEHU5DWWOHUVSOD\HUVFRDFKL QJVWDσ DQGIDQVZLOOEHEORZQDZD\E\KRZDQDOUHDG\ðUVWFODVVIDFLOLW\ZLOOEH taken to the next level. The bar has just been raised for all comparable sports facilities across the nation.” A major change for the players is that the home and visitor clubhouses will be switching sides for next season.

The visitors are moving to the current Timber Rattlers clubhouse and will be in the third base dugout starting in 2023. The Rattlers will be in the ðUVWEDVHGXJRXWDQGWKHFXUUHQWYLVLWRUFOXEKRXVHZLOOJHWDQH[WUHPH makeover before the Timber Rattlers can call it their home. The new home clubhouse will be twice the size of the existing home clubhouse and will feature a new circular locker room, two indoor batting cages, two SOD\HUIRFXVHGDUHDVIRUQXWULWLRQDQGUHOD[DWLRQH[SDQGHGRτF HVIRU coaches and a dedicated female locker room, an expanded training area, DQGDODUJHZHLJKWURRPFRQQHFWHGWRDQRXWGRRUSOD\HUDJLOLW\ðHOG Scope: $13 Million
Date of Project Completion: April 2023
Project: CaroMont Health Park
Reference: Michael Peoples
City Manager, City of Gastonia, North Carolina
t: 704.689.4029 | e: [email protected]
Description and Scope of Services
Pendulum was hired by the City of Gastonia to design a six block master plan and serve as the Architect of Record for this multi-use sports facility and the surrounding development As a strategic component for economic development in the region, FUSE will accommodate baseball, soccer, lacrosse, football, and other civic events. Multi-family housing, a ñDJVKLSKRWHOUHVWDXUDQWVDQGFRPPHUFLDOUHWDLODQGRτFHZLOOLQðOOWKH site on the development pads to create a thriving entertainment district.

Phase One Cost: $27 Million (Base Stadium and Amenities). Master Planned Phase Two (development includes 150-key hotel, 100 square IHHWFRPPHUFLDORτFH6)UHVWDXUDQWDQGXQLWPXOWLI DPLO\ residential building). Scope: $100 Million
Date of Project Completion (ballpark): 2021
Project: Grayson Stadium Renovation
Reference: Jesse Cole
Owner, Savannah Bananas (Coastal Plains League)
t: 781.424.2499 | e: [email protected]
Description and Scope of Services
Pendulum has been retained by the Savannah Bananas to design a 10 year Master Plan for Grayson Stadium. The proposed improvements LQFOXGHHQKDQFHGYLVLWRUDPHQLWLHVVXFKDVQHZðUVWEDVHOLQHJU RXS VHDWLQJWHDPDGPLQLVWUDWLRQH[SDQVLRQULJKWðHOGVKLSSLQJFRQ WDLQHU group concourse, a new Savannah Bananas branded brewery and distribution center, concession overhaul, Airbnb tree houses and group deck, and a third baseline wading pool.

Master Plan Scope: $10 Million

NEUROSCIENCE GROUP FIELD - APPLETON, WI
EXHIBIT 1
Project: Roger Dean Chevrolet Stadium Renovation
Reference: Dan Good
Vice President, Business Development, St. Louis Cardinals t: 314.712.1300 | e: [email protected]
Description and Scope of Services
Pendulum, along with FL-based Fawley Bryant, has been hired in an architectural joint venture to renovate Roger Dean Chevrolet Stadium Complex in Jupiter, FL, home of the St. Louis Cardinals and Miami Marlins Spring Training. This extensive renovation includes, but is not limited to, the design and implementation of state of the art visitor amenities including picnic areas, premium seating, 360 degree wrap around concourse, and a complete concession/food service overhaul.

In addition to visitor amenities Pendulum is addressing updated design requirements for player and operations including the addition of female VWDσFRDFKLQJDQGXPSLUHORFNHUVQHZSUHVVDFFRPPRGDWLRQVQH Z team store/retail amenities, new public art plazas, and a new baseball DGPLQLVWUDWLRQRτFH7KHVSULQJWUDLQLQJVSHFLðFSURJUDPLQJWK DWLV being demolished in its entirety and replaced includes two (2) 70,000 square foot clubhouses, two (2) enclosed batting/pitching facilities, and DQH[SDQGHGðHOGPDLQWHQDQFHEXLOGLQJRSHUDWLRQV\DUG
Scope: $108 Million
Date of Project Completion: Est. 2023
Project: Dunkin’ Donuts Park
Reference: Josh Solomon
2ZQHU+DUWIRUG<DUG*RDWV
$$&RORUDGR5RFNLHV$τOLDWH
+DUWI RUG&7
t: 978.460.0885 | e: [email protected]
Description and Scope of Services
Dunkin’ Donuts Park is 6,500 seat Eastern League Class AA Stadium VLWHGLQWKHKHDUWRI'RZQWRZQ+DUWIRUG&77KHEXLOGLQJSURJUDP consists of diverse seating amenities, a premium banquet/club space to accommodate 600 patrons, premium suites as well as 100,000 square feet of enclosed operations space. Pendulum’s Jonathan Cole served as the role of Architect of Record and Lead Design Principal.

Ballpark Cost: $75 Million
Surrounding Development Master Plan Scope: $350 Million Date of Project Completion: 2017
Project: CoolToday Park: Atlanta Braves Spring Training Facility Reference: Chip Moore
(93)ORULGD2SHUDWLRQV 0LQRU/HDJXH$τOLDWHV$WODQWD%UDYHV t: 404.614.1330 | e: [email protected]
Description and Scope of Services
CoolToday Park is an 80-acre sports campus that consists of 55,000 square feet of major and minor league clubhouses, 15,000 square feet of team training spaces, indoor weight training, nutrition center, and a 8,500 seat stadium with premium amenities and robust press accommodations. Pendulum’s Jonathan Cole served the role of Stadium Architect and Signage + Way-Finding Designer.

Cost: $125 Million
Date of Project Completion: 2019
“I have been associated with Jonathan on projects ranging from design-build of a minor league facility, renovation of a facility and a spring training complex - each with their own unique sets of challenges. Jonathan and his team are both listeners and creators. They listen to what the clients’ objectives are and create ideas that ﬁll those needs. They use these characteristics from initial design, through value engineering and on the ground during construction through opening.”- Chip Moore, Atlanta Braves DUNKIN’ DONUTS PARK - HARTFORD, CT
PROJECT UNDERSTANDING +

APPROACH
4 EXHIBIT 1
As stated previously in the Project Team section, Pendulum is the ballpark expert on your team. We fully understand the City’s Project based on the 6FRSHRI:RUNRXWOLQHGLQWKH5HTXHVWIRU3URSRVDOVDQGDUHFRQðGHQWLQ our team’s ability to deliver a state-of-the-art and successful project that will exceed expectations.

Process Leadership
The Pendulum team prides itself on proactive and highly communicative leadership style. While we possess direct experience and industry NQRZOHGJHVSHFLðFDOO\LQWKHSODQQLQJGHVLJQDQGFRQVWUXFWLRQ of ballparks for municipal clients, we will strive to understand the uniqueness of the City and future tenant’s operational, strategic situation and needs. We will assist you in understanding how solutions that address the immediate needs of your organization may impact the marketability or adaptability of your investment over time.

Schedule Management
Control of the schedule and phasing of the construction work is an important part of our work. The project must be planned, designed, and constructed on time. Our team is very knowledgeable in the use of the critical path scheduling methodology and the usages of proprietary software to facilitate the process. A master schedule will be developed that will broadly be categorized into the following categories within the program: design, bidding/award, construction, close-out and commissioning. As part of the scheduling process, critical milestone GDWHVZLOOEHLGHQWLðHGIRUWKHGHVLJQDQGFRQVWUXFWLRQZRUN7KLVZLOO enable the representatives to easily track the project as well as provide the schedule framework for the team.

The development of a project schedule would occur after program validation. This schedule becomes the reference point, and is continuously re-evaluated at the critical milestones of each phase of the program. This enables all members of the project team to take ownership, as a stakeholder, in the success of meeting the schedule deadline.

Design phase activities are typically charted after analysis of the workforce requirements and are updated during regular internal scheduling review meetings.

Our team members are committed to dedicating the time required in order to meet the project’s schedules. We are committed to meeting DQ\HVWDEOLVKHGFRPSOHWLRQGDWHZLWKHτFLHQF\DQGDFFXUDF\:H have a reputation of achieving customer satisfaction by meeting all the programmatic requirements and by maintaining budgets and schedules, while being constantly aware of the project goals.

Key Elements: establish a critical-path bar chart schedule, establish project milestones and approach, evaluate scheduled hours and job assignments, perform daily in-house checks/reviews, and perform weekly reviews and publish project updates.

BUDGET MANAGEMENT
The most critical aspect of a project is setting and adhering to a budget. :HXVHLQGXVWU\PHWULFVUHJLRQDODGMXVWPHQWVDQGMREVSHFLðFGDWD regarding scheduling, sequencing, and constructibility factors to set an honest budget. From that point we don’t just measure our progress at the end of each phase, but continuously track adherence in order to give both key project stakeholders and designers the information required for systems and materials selection. We believe our ability to adhere WRDEXGJHWLVDUHñHFWLRQRIERWKRXULQWHJULW\DQGSURIHVVLRQDODELOLW\ The Pendulum Team outlines and maintains a chain of responsibility, establishing a plan for clear communication and accountability. Ongoing GLDORJXHDQGGHFLVLRQWUDQVSDUHQF\RSWLPL]HWKHðQDOSURGXFW%HFDXVH owning the budget is a key aspect of a successful partnership, we hold ourselves accountable at each step of the process:

VISIONING
7 RDFKLHYHHσHFWLYHFRVWPDQDJHPHQWZHZRUNZLWKWKHFOLHQWWRGHðQH SURMHFWLQWHQWSXUSRVHDQGSULRULWLHVHDUO\DQGUHDτUPWKHVHWKURXJKRXW a project’s development. The client’s vision is communicated and revisited throughout the delivery process with key stakeholders to maintain a focused response to the client’s expectations for: communication of WKHLUEUDQGVWDσDQGVWXGHQWUHFUXLWPHQWOHYHORIFDSLWDOFRPPLWPHQW PROJECT UNDERSTANDING +

APPROACH
RSHUDWLRQDOHτFLHQFLHVPDLQWHQDQFHSODQQLQJDQGDVVHWPDUNHWYDOXH

BENCHMARKING
Scope: We analyze the scope by order of magnitude estimate based on the basic building type, program, existing and market conditions to set DEHQFKPDUNIRUGHVLJQVWUDWHJ\DQGLQWHQW6LJQLðFDQWO\LPSDFWIXOFRVW FRQVLGHUDWLRQVVSHFLðFWRWKHSURMHFWDUHDGGHGVXFKDV]RQLQJDQGODQG use compliance, state of existing site infrastructure, utility availability, and existing condition of building structural, envelope, and environmental systems. For each solution proposed, we also layer in a series of cost alternatives for comparison and discussion.

Constructibility: We utilize our market knowledge regarding availability of materials and work force to break down the construction budget by master-spec divisions. This strategically positions the project to EHQHðWIURPDGYDQWDJHRXVPDUNHWDQGSXUFKDVLQJFRQGLWLRQVDQGDYRLG constructibility pitfalls. It provides a credible and reliable construction cost estimate.

DESIGN ALONGSIDE BUDGET
As the design and its documentation are further developed, cost estimates for each system and major component are re-visited with greater precision and more accurate estimating methods. We utilize traditional subscription software, a proprietary historical costing database, and knowledge derived from similar projects to hone the budget alongside the design.

LIFE CYCLE COSTING
Another component of budget management is to support the long-term investment strategy of the client. During design the initial construction investment often overshadows the total cost of ownership, however initial building costs represent, on average, only 3-5% of the total cost of ownership over the life of a facility. As partners in the process, we work with you to measure the 15 and 30-year cost implications of design decisions to weigh the long-term expense.

CONSTRUCTION ADMINISTRATION APPROACH
&RQVWUXFWLRQ$GPLQLVWUDWLRQVHUYLFHVRσHUHGE\WKH3HQGXOXP7 HDP IDUH[FHHGZKDWLVFRPPRQO\RσHUHGLQWKHLQGXVWU\2Q\RXUEHKDOI we issue comprehensive documents, provide clear directions, keep meticulous records, promptly respond to all inquiries, and maintain strong lines of communication in order to make the construction phase as seamless as possible. We think of our role during construction as an extension of our commitment to the success of the project and a UHñHFWLRQRIERWKRXUDELOLW\DQGLQWHJULW\DQGLQFOXGHV

• Active participation in coordination meetings
• Careful review of all shop drawings
• Regularly scheduled on-sight observation of work
• Timely response to all Requests for Information (RFIs) & Stewardship of detailed RFI log and Field Reports
• Review, evaluation, and recommendation to owner regarding the contractor’s request for payment.
• 3ULRUWRWKHðQDODFFHSWDQFHRIZRUN

'HOLYHU\RIDGHWDLOHG
punch list, indicating all necessary corrections and incomplete items, WRDOOFRQFHUQHGSDUWLHV
)LQDOZDONWKURXJKWRFRQðUPVHUYLFHV
systems, and design elements are rendered complete and meet the project team’s level of satisfaction.
:HXQGHUVWDQGDSURMHFWâVVXFFHVVLVGHWHUPLQHGE\LWVðQDOSURGXFW not just by the quality of documents we issue. Our commitment to a project extends across its duration. That is why it is important to us to be engaged with the construction phase of a project’s delivery. We work together with stakeholders to identify creative solutions, remove potential obstacles, and set, measure, and implement client expectations throughout the construction phase.

This sense of ownership and accountability for each project is what sets our team apart from our competition.

EXHIBIT 1

PROJECT WORK PLAN
5 BANNER ISLAND BALLPARK MLB

STANDARDS UPGRADE PROJECT WORK
PLAN
The Pendulum Team intends to use its expertise in the design and GHYHORSPHQWRIEDOOSDUNVDQGVSHFLðFDOO\0/%6WDQGDUGV3URMHFWVWR accomplish the scope of work outlined in the RFP , Section 2.0. Pendulum VKDOOSURYLGHWKHQHFHVVDU\ðQDOSODQVVSHFLðFDWLRQVDQGHVWLPDWHV documents in a bid-ready format as required by the City. Pendulum will coordinate with the City throughout each phase of the design and construction of this project in a proposed work plan format as follows:

1. KICK OFF , DESIGN, AND PRE-CONSTRUCTION MEETING
D8SRQQRWLðFDWLRQRIVHOHFWLRQDQGDXWKRUL]DWLRQWRSURFHHG Pendulum will schedule a Zoom conference with all stakeholders (City Representatives, Ownership, Team, etc.) to make introductions, establish project overview and general consensus. This will be a good meeting to hear the perspective of all individual parties with any high level operational concerns, relevant City initiatives and objectives (that may not already be listed in the RFP).
b. It is critical that we also establish documentation standards as they relate to the Banner Island Ballpark project as well as secure any DYDLODEOHðOHVIRURXUXVH
LHHOHFWURQLFGUDZLQJV&$'5(9,7 6XUYH\
environmental information, storm water studies, etc. if applicable).

We foresee this to be a very streamline process based on Pendulum’s recent work with the City and the Space Utilization Drawings and Study conducted in 2022.
c. The Pendulum team will also participate in the City’s review and selection process for the General Contractor. We will establish the H[SHFWDWLRQVIURPWKH&LW\IRURXUSDUWLFLSDWLRQGXULQJWKHNLFNRσ meeting to ensure the process and selection is successful. d. We will establish a bi-weekly meeting schedule for stakeholders (Zoom) i. Required Participants: City Representation, Tenant
Representation, and Pendulum team
ii. Required time commitment: 2 hours (approximately)

2. DESIGN DOCUMENTATION: FINAL CONCEPTUAL AND SCHEMATIC DESIGN
a. Our team will use the existing basis of design and Space Utilization Drawings as attached with the Request for Proposals to proceed with the completion of Conceptual Design and begin Schematic Design 'RFXPHQWDWLRQZLWKLQ:HHNVRIWKHRτFLDO1RWLFHWR3URFHHG b. Pendulum’s Conceptual and Schematic Design Documentation will include the following:

L,OOXVWUDWHGñRRUSODQVWXGLHVRIDOWHUHGEXLOGLQJSURJUDPDUHDV SURYLQJFRPSOLDQFHZLWKJRDOVDQGUHTXLUHPHQWVGHYHORSðQDO design for City stakeholder and Team consideration
ii. Use excerpts from the BIM model exhibiting scope of work and SURSRVHGPRGLðFDWLRQV
iii. 3D renderings of proposed areas including operations, visitor amenities, etc.

LY&RQðUPðQDOFRVWHVWLPDWHVFKHGXOHRIYDOXHVIRUDOOSURSRVHG improvements
v. Finalize schedule for implementation (design and construction).

1. Required Participants: Pendulum team - all disciplines

2. Required Participants: City Stakeholders and Tenant

3. Required time commitment for design and compilation:

Eight Weeks - As Noted in the Pendulum proposed
Schedule (this will also include bi-weekly review with City Stakeholders).

YL3HQGXOXPVKDOOSUHSDUHDðQDOUHSRUWWKDWVKDOOLQFOXGHEXWLV not limited to, a comprehensive description of the preferred schematic design of all project programming with detailed cost data estimates (of both construction and total project costs) and a ðQDOVFKHGXOHIRULPSOHPHQWDWLRQ
YLL7KHðQDOUHSRUWZLOODOVRDGGUHVVDQ\FRPPHQWVSURYLGHG by City of Stockton Stakeholders in response to any/all SUHOLPLQDU\GUDIWVRIWKHðQDOUHSRUW
F(VWLPDWHVJDWKHULQJDQG2τFLDO&LW\5HYLHZ7LPH
:HHNV

3. DESIGN DEVELOPMENT
8SRQDSSURYDORI3HQGXOXPâV6FKHPDWLF'HVLJQDQGRτFLDOQRWLFHWR proceed with Design Development, the Pendulum team will proceed with

WORK PLAN
EXHIBIT 1
the following drawing deliverables:
• 8WLOLW\PRGLðFDWLRQV
LIQHHGHG
VL]HGLGHQWLðHGDQGFRRUGLQDWH
with local utility companies.
• Preliminary site grading plan (at required locations) • Parking lot requirements - as needed
• 6LWHPDWHULDOVDQGODQGVFDSHLGHQWLðHG
• Architectural plans, sections, and elevations
• Typical architectural construction details
• Illustrative three dimensional modeling
• ([WHULRUEXLOGLQJPDWHULDOLGHQWLðFDWLRQ
DVUHTXLUHGDWVSHFLðF
locations)
• Foundation design completed (at required locations)
• 0HFKDQLFDOHOHFWULFDOSOXPELQJDQGðUHSURWHFWLRQVV\VWHPVDQG HTXLSPHQWORFDWHGVL]HGDQGFDSDFLWLHVLGHQWLðHG
• ,QLWLDOLQWHULRUVHOHFWLRQRIðQLVKPDWHULDOVLGHQWLðHG • 7 HFKQLFDOVSHFLðFDWLRQVRXWOLQHG
• /RZYROWDJHZLULQJLGHQWLðHG
• Budget reconciliation and estimate
• Preliminary Anticipated Schedule - Two Months or 8 Weeks (VWLPDWHVJDWKHULQJDQG2τFLDO&LW\5HYLHZ7LPH
:HHNV

4. CONSTRUCTION DOCUMENTS
8SRQDSSURYDORI3HQGXOXPâV6FKHPDWLF'HVLJQDQGRτFLDOQRWLFHWR proceed with Design Development, the Pendulum team will proceed with the following drawing deliverables in the construction documentation phase:
• 3UHSDUDWLRQRIELGGLQJGRFXPHQWVIRUDOOZRUNLGHQWLðHGLQ&6, Divisions
• Finalize bidding forms and procedures
• Finalize general supplementary conditions of the construction contract
• Finalize general requirements
• )LQDOL]HWHFKQLFDOVSHFLðFDWLRQVHFWLRQV
• Update architect’s schedule
• Update budget for cost of work
• Preliminary Anticipated Schedule - Three Months or 12 Weeks Construction Documents will be completed by December 2023 in the form of As-Built Drawings as outlined and detailed in the RFP by the City. Pendulum anticipates the bidding and permitting process to be approximately 4-12 Weeks in duration.

CONSTRUCTION ADMINISTRATION
Upon approval of Construction Documents, bidding and permitting the Pendulum team will proceed with the following drawing deliverables if the City so desires:
• Conducting and attending progress meetings
• Conducting and attending construction coordination meetings with City and Team
• Administer monthly payment applications and changes in work • Process submittals including receipt, review of and appropriate action on shop drawings, product data, samples and other submittal required by contract documents
• Review of claims, disputes or other matters between City and Contractor relating to the execution or progress of the Work as provided in the Contract Documents
• Rendering written decisions within a reasonable time and following the procedures set forth thereafter. Said procedures are as follows:
• Subcontractor submits question or submittal to construction manager for review
• Construction manager reviews said question against
$UFKLWHFWXUDO(QJLQHHULQJGRFXPHQWVWRFRQðUPVFRSH
question is in fact valid.
• If request for information is valid, construction manager shall GLVWULEXWHWKHLQIRUPDWLRQLQWKHIRUPRIDQRτFLDO5HTXHVW For Information (RFI), or Submittal - electronically (PDF format) to Pendulum and swigSPACE (Architect of Record) for distribution to the appropriate team member. Construction manager shall also copy the City on all RFI and Submittals for information only.
• Preparation, reproduction and distribution of supplemental GUDZLQJVVSHFLðFDWLRQVDQGLQWHUSUHWDWLRQVLQUHVSRQVHWRUHTXHVWIRU FODULðFDWLRQE\FRQWUDFWRUVRUWKH&LW\
WORK PLAN, CONT.
• Forwarding City instructions and providing guidance the contractors on the City’s behalf relative to changed requirements and schedule revisions
Project closeout
• A detailed inspection with the Owner’s representative for conformity of the Work to the Contract Documents to verify the list submitted by the Contractors of items to be completed or corrected.

This shall include no less than two (2) site visits.
• 'HWHUPLQDWLRQRIWKHDPRXQWVWREHZLWKKHOGXQWLOðQDO completion.
• Securing and receipt of consent of surety or sureties, if any, to UHGXFWLRQLQRUSDUWLDOUHOHDVHRIUHWDLQDJHRUWKHPDNLQJRIðQDO payments.
• ,VVXDQFHRI&HUWLðFDWHVRI6XEVWDQWLDO&RPSOHWLRQ
• ,QVSHFWLRQXSRQQRWLFHE\WKH&RQWUDFWRURIGHðFLHQFLHVIRXQGLQ follow-up inspection, if any.
• )LQDOLQVSHFWLRQZLWKWKH2ZQHUâVUHSUHVHQWDWLYHWRYHULI\ðQDO completion of the Work.
• 5HFHLSWDQGWUDQVPLWWDORIZDUUDQWLHVDτGDYLWVUHFHLSWVUHOHDVHV and waivers of liens or bond indemnifying the Owner against liens. • Prior to expiration of one year from the date of Substantial Completion, Architect shall, without additional compensation, conduct a meeting with Owner to review the facility’s operations and

SHUIRUPDQFH
DQGDVVLVWZLWKPRGLðFDWLRQVWRDQ\VXEVWDQGDUGRU
faulty design as reasonably determined by Owner.
• Preliminary Anticipated Schedule – Approximately 10-12 Months or 40-44 Weeks, subject to discussion based on phasing and General Contractor and Owner’s Needs to comply with MLB requirements and seasonal play
DUNKIN’ DONUTS PARK - HARTFORD, CT

FUSE DISTRICT MASTER PLAN - GASTONIA, NC
EXHIBIT 1

PROJECT WORK MATRIX
6 WORK MATRIX
Pendulum + swigSPACE - Architecture
Programming and Concept Schematic desi gnD e s i gn development Construction documents Contruction Administration Name & Title rate $/hr hours % of Work hours % of Work hours % of Work hours % of Work hours % of Work Jonathan Cole - Lead Architect $250 25 19 80 20 65 16 80 16 60 10 John Iiams - Senior Project Manager $175 25 19 80 20 60 14 80 16 200 33 Jacob Coburn - Project Architect $150 30 23 120 30 150 36 200 40 200 33 Beau Constant - Project Designer $110 50 38 125 31 140 34 80 16 80 13 Ian Glidden - Architect of Record $225 0 60 12 60 10
Total/phase 130 405 415 500 600
Rose Sing Eastham and Associates - Electrical Engineering Pro
gramming and Concept Schematic desi gnD e s i gn development Construction documents Contruction Administration Title rate $/hr hours hours hours hours hours
Steve Eastham - Principal Electrical Engineer $200 0 15 25 40 10 Total/phase 0 15 25 40 10
CLAD Consulting - Civil Engineering
Programming and Concept Schematic desi gnD e s i gn development Construction documents Contruction Administration Title rate $/hr hours hours hours hours hours
L. Alberto Lopez - Principal Civil Engineer $150 0 12 15 30 10 Total/phase 0 12 15 30 10
Calibur Mechanical Design - Mechanical/Plumbing Engineering Programming and Concept Schematic desi gnD e s i gn development Construction documents Contruction Administration Title rate $/hr hours hours hours hours hours
Scott E. Boyle - Principal Mechanical Engineer $130 0 40 60 80 30 Total/phase 0 40 60 80 30
Zeltmacher Structural Design Engineering
Programming and Concept Schematic desi gnD e s i gn development Construction documents Contruction Administration Title rate $/hr hours hours % of Work hours % of Work hours % of Work hours % of Work Andrew Randolph - Structural Engineer of Record $145 0 12 23 30 27 60 27 20 33 Ryan Fitzpatrick - Technical Structural Manager $145 0 20 38 40 36 80 36 20 33 Mike Auchter - Structural Project Manager $135 0 20 38 40 36 80 36 20 33 Total/phase 0 52 110 220 60
3HQGXOXPŖVGLUHFWRYHUKHDGUDWHVDUHDWDQDSSUR[LPDWHO\GLĳHUHQFHWRWKHPDUNHGXSELOOHGKRXUO\UDWHV $OORWKHURYHUKHDGDQGGLUHFWODERUUDWHVFRVWVDUHDYDLODEOHX SRQUHTXHVW “We can design to any budget -
we specialize in doing a lot with very little.”
- Jonathan O’Neil Cole, Pendulum CEO
EXHIBIT 1

PROJECT SCHEDULE
7 PENDULUM PROPOSED SCHEDULE
EXHIBIT 1
8 APPENDIX AND ATTACHMENTS
JIMMY JOHN’S FIELD - UTICA, MI
“The sports business model at the professional
level is shifting to encompass much more than
engaging in competition. Mental health, nutrition,
technology and environment contribute to the
success of play just as much as nurtured strength
and natural ability. Pendulum’s ballparks promote
a lifestyle that is driven by passion. Our clients
trust us with their livelihood, our buildings
house their families, businesses, and Ćnancial
wherewithal. The energy we bring to the table is
contagious, we challenge the marketplace. We
have vision, we build relationships, and we are
experts which makes us authentic.”
- Jonathan O’Neil Cole, Pendulum Founder/CEO
EXHIBIT 1
Montreal Excitation – Quebec Canada
Perfect Game Training Complex – Osceola, FL
$36SRUWV&RPSOH[ò&ROXPEXV2+
Beloit Snappers Ballpark – Beloit, WI
&RPHULFD3DUN2XWðHOG,PSURYHPHQWVò'HWURLW0,
Green Bay Bullfrogs Ballpark – Green Bay, WI
Flossmoor Training Complex – Flossmoor, IL
Michigan City Ballpark – Michigan City, IN
Regions Field Master Plan – Birmingham, AL
Fair Park Master Plan – Birmingham, AL
Rickwood Field Master Plan – Birmingham, AL
Parade Park Training Complex – Kansas City, MO
Knoxville Smokies Renovations – Knoxville, TN
Utica Baseball Complex – Utica, MI
+LVWRULF7LJHU6WDGLXP0DVWHU3ODQ'HWURLW0,
Franklin Ballpark – Franklin, WI
Reverchon Park Master Plan – Dallas, TX
AutoZone Park Master Plan – Memphis, TN
VFDQ45FRGHWRYLVLW-RQDWKDQŖV/LQTSURıOH
Jonathan Cole is the founding principal of Pendulum Studio, a Kansas City, MO based architectural practice that specializes in the design and documentation of civic structures, multi-family housing, and sports facilities. Cole is responsible for national business development, design, and PDQDJHPHQWRIVSRUWVSURMHFWVWKDWUDQJHLQYDOXHIURPðYHWRðIW\PLOOLRQGROODUVHDFK+HKDVDQH\HIRUGHVLJQWKDWLVFRPSOLPHQWHGE\KLVDELOLW\WR realize in every project the potential to deliver long-term value to his clients and their stakeholders. Cole has developed an expertise in the development of community-oriented designs that foster environmental and economic sustainability. It is for this reason that Cole is considered one of the leading minds in the sports facility design world.

From a very young age Cole was groomed for leadership in the sports architecture marketplace. Cole graduated with a Bachelor of Architecture from &DOLIRUQLD3RO\WHFKQLF8QLYHUVLW\3RPRQD6FKRRORI(QYLURQPHQWDO'HVLJQLQ

+HZDVLPPHGLDWHO\UHFUXLWHGE\+17%DODUJH$UFKLWHFWXUDO (QJLQHHULQJðUPWKDWVSHFLDOL]HVLQWKHGHVLJQRIVSRUWVIDFLOLWLHV,QHDUO\

&ROHZDVDVVLJQHGWRZRUNDVDVWDσDUFKLWHFWRQWKHPDMRUUHQRYDWLRQ of O.co Coliseum, the current home of the Major League Baseball (MLB) Oakland A’s and National Football League (NFL) Oakland Raiders franchises.

Following the completion of both projects, Cole joined the design team tasked with renovating Oracle Arena, the current home of the National Basketball $VVRFLDWLRQ
1%$
*ROGHQ6WDWH:DUULRUVIUDQFKLVH6KRUWO\DIWHUWKHFRPSOHWLRQRIWKH2UDFOH$UHQDUHQRYDWLRQ&ROHZDVUHORFDWHGE\+17%WRWKHLU FHQWUDOGLYLVLRQKHDGTXDUWHUVORFDWHGLQ.DQVDV&LW\02+LVSULPDU\UROHZDVWROHDGGHVLJQDQGGHYHORSPHQWHσRUWVRQPDMRUDQGPLQRUOHDJXH ballparks. This move proved to be the catalyst for Cole’s growth and notoriety in the ballpark design marketplace. &ROHKDVOHGGHVLJQHσRUWVRQRYHUWKLUW\PLQRUOHDJXHEDOOSDUNVDFURVVWKHQDWLRQLQWKHSDVW\HDUV'XULQJWKLVWLPHKHKDVZRUNHGLQWKHFDSDFLW\RI PDUNHWOHDGHUDQGSURMHFWDUFKLWHFWZLWKDQXPEHURILQWHUQDWLRQDOO\UHFRJQL]HGVSRUWVDUFKLWHFWXUHðUPVLQFOXGLQJ+17%&RUSRUDWLRQ3RSXORXV IRUPHUO\
NQRZQDV+2.
DQG$UFKLWHFWXUH,QF,Q0D\RI&ROHWRRNKLVSDVVLRQIRUWKHEXLOWHQYLURQPHQWIRUZDUGWKLQNLQJEXVLQHVVPRGHODQGDUFKLWHFWXUDO pedigree and created Pendulum Studio, his own strategy-oriented and client-centered practice.

Since Pendulum’s launch, Cole has enjoyed a number of major accomplishments in the sports world. In June of 2010 the Normal Cornbelters, a Frontier /HDJXHDτOLDWHGLQGHSHQGHQWEDVHEDOOWHDPORFDWHGDSSUR[LPDWHO\WZRKRXUVVRXWKRI&KLFDJRFHOHEUDWHGWKHLULQDXJXUDOVHDVRQLQDQHZWZHOYH PLOOLRQGROODUEDOOSDUNGHVLJQHGE\3HQGXOXP)DVWIRUZDUGWHQ\HDUV3HQGXOXPFRPSOHWHG'XQNLQâ'RQXWV3DUNORFDWHGLQ+DUWIRUG&7WKDWZDVDZDUGHG EDOOSDUNGLJHVWFRPìDQG%HVW%DOOSDUNúEDVHEDOOSDUNVFRPì%DOOSDUNRIWKH<HDUú&RQQHFWLFXW0DJD]LQHâVì%HVW3ODFH7 R :DWFK$*DPHú+DUWIRUG0DJD]LQHì%HVW6SRUWV9HQXHúDQGWKH&6,.&$ZDUGì([FHOOHQFHLQ&UDIWVPDQVKLSú JONATHAN O’NEIL COLE, AIA, NCARB, NOMA

LEAD ARCHITECT

PENDULUM
BIO
Bachelor of Architecture 1995
California Polytechnic University Pomona
+17%&RUSRUDWLRQ'HVLJQHU
+2.6SRUW/HDG'HVLJQHU
360 Architecture, Lead Designer
Pendulum, Principal
1995 - 2001
2001 - 2006
2006 - 2007
2007 - Present

EDUCATION

PROFESSIONAL EXPERIENCE
$=&7 )/*$,/.60$0'0,021&1< 2+5,6&7;:,1HZ Zealand

REGISTRATION
National Council of Architectural Registration Boards (NCARB)

CERTIFICATIONS
American Institute of Architects (AIA)
AIA Pillars Leadership Program Graduate
National Organization of Minority Architects (NOMA)

MEMBERSHIPS
Oakland Coliseum Renovation - Oakland, CA
Busch Stadium - St. Louis, MO
CoolToday Park - Atlanta Braves Spring Training - North Port, FL 1997
2006
2019

MAJOR LEAGUE BASEBALL EXPERIENCE

/RXLVYLOOH6OXJJHU)LHOG/RXLVYLOOH.<

)LIWK7KLUG)LHOG'D\WRQ2+
*O’Brien Field - Peoria, IL

866WHHO<DUG*DU\,1
*Baseball Grounds of Jacksonville - Jacksonville, FL
*John O’Donnell Stadium Renovation - Davenport, IA
*Trustmark Park - Pearl, MS

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*University of South Carolina Ballpark - Columbia, SC
*Modern Woodmen Park Renovation - Davenport, IA
*BB&T Ballpark - Winston Salem, NC
The Corn Crib - Normal, IL
Time Warner Cable Field - Grand Chute, WI
+ROO\6SULQJV3DUN+ROO\6SULQJV1&
Athletic Park - Wausau, WI
Autozone Park - Memphis, TN
Jimmy John’s Field - Utica, MI
'XQNLQâ'RQXWV3DUN+DUWIRUG&7
Luther Williams Field - Macon, GA
7KH&RUQHU%DOOSDUN3$/+HDGTXDUWHUV'HWURLW0,
Capital Credit Union Park - Ashwaubenon, WI
&DUR0RQW+HDOWK3DUN*DVWRQLD1&
2000
2000
2002
2002
2003
2004
2005
2006
2008
2008
2009
2010
2013
2014
2014
2015
2016
2017
2018
2018
2019
2021

MINOR LEAGUE BASEBALL EXPERIENCE

SPORTS FACILITY MASTER PLANNING
2010
2010
2011
2011
2011
2012
2012
2012
2012
2012
2012
2013
2013
2013
2014
2014
2014
2015
EXHIBIT 1
John is an associate principal and senior project manager with a focus on fast-tracked project management, schematic design, 3D modeling and visualization. With a background in photography and design, John brings a diverse eye to architectural design solutions. With a professional history focused on sports architecture, John has an evolving understanding of the programmatic requirements and the design challenges that are unique to such project types.
3ULRUWRMRLQLQJ3HQGXOXP-RKQVSHQWRYHUðYH\HDUVZLWK$UFKLWHFWXUH0XFKRIKLVIRFXVZDVRQFRQFHSWXDOGHVLJQDQGJHQHUDWLQJ' representations of design solutions. Through his involvement on large-scale sports complexes and corporate headquarter facilities, John realizes ZKDWLWWDNHVWRGHYHORSDSURMHFWIURPHDUO\FRQFHSWWRðQDOEXLOWHQYLURQPHQW :LWK3HQGXOXP-RKQKDVEHFRPHDQHVVHQWLDODVVHWDQGWKHULJKWKDQGRIWKHðUP-RKQPDQDJHVERWKVSRUWDQGFRPPHUFLDOSURMHFWVWDNLQJ on the role of project manager for multi-family residential complexes and small boutique projects alike. John is an integral part of each Pendulum SURMHFWIURPNLFNRσWRFRQVWUXFWLRQWRRSHQLQJZRUNLQJZLWKWKHHQWLUHGHVLJQWHDPFRQVWUXFWLRQPDQDJHUVDQGFRQWUDFWRUVRQVLWH Mr. Glidden has experiences in all phases of the design and management process on projects varying from multimillion dollar sports facilities to high-end custom single-family homes worldwide. Ian holds the strong belief that there is much to learn from the construction experience and continues to actively participate on a project during construction. The ability to understand construction is important reinforcing the need for a high level of technical competence. swigSPACE was formed in 2020 with his architect wife after running his independent practice since 2008. swigSPACE is based in Marin County north of San Francisco and focuses on regional projects ranging from small commercial projects to high-end custom single-family homes. Much of our work is in collaboration with other architects and designers.

BIO BIO

JOHN IIAMS IAN GLIDDEN

SENIOR PROJECT MANAGER ARCHITECT OF RECORD

PENDULUM SWIGSPACE
Bachelor of Architecture
Kansas State University
Registered Architect: California License
C-29209
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Pendulum Studio
360 Architecture
Bachelors of Architecture, Iowa State
University, 1990
University of Bath, Bath England The Don
College, Tasmania Australia
Atlanta Braves Spring Training Complex -
North Port, FL
New Meadowlands Stadium -
East Rutherford, NJ
Basra Sports City - Basra, Iraq
Stockton Events Center and Stockton Arena*,
Stockton, California
Design for Lodi Grape Bowl Renovations, Lodi,
California
Nat Bailey Stadium Renovation*, Vancouver,
B.C. Canada

:KLOHZLWK$UFKLWHFWXUH+HLQOHLQ6FKURFN
& Stearns
Downtown Kansas City Royals Ballpark
Study
Oasis Sports Complex Master Plan –
Mesa, AZ
USA Baseball Complex - Cary, NC
Neuroscience Group Field - Appleton, WI
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Athletic Park - Wausau, WI
Warner Park - Madison, WI
AutoZone Park - Memphis, TN
Jimmy John’s Field - Utica, MI
'XQNLQâ'RQXWV3DUN+DUWIRUG&7
Luther Williams Field - Macon, GA
7KH&RUQHU%DOOSDUN3$/+HDGTXDUWHUV
- Detroit, MI
Capital Credit Union Park –
Ashwaubenon, WI
&DUR0RQW+HDOWK3DUNò*DVWRQLD1&

EDUCATION

REGISTRATION

PROFESSIONAL EXPERIENCE

EDUCATION

MAJOR LEAGUE EXPERIENCE

NFL/SOCCER EXPERIENCE

SPORTS FACILITY EXPERIENCE

MINOR LEAGUE EXPERIENCE
2012 - Present
2007 - 2012
2007
2019
2012
2013
2013
2014
2014
2015
2015
2016
2017
2018
2018
2019
2021
2019
2020
EXHIBIT 1
As acting President of Zeltmacher, Andrew brings more than 20 years of experience in structural design engineering DFURVVPDQ\LQGXVWU\VHFWRUVWKURXJKRXW&DOLIRUQLDDQGWKHZHVWHUQ8QLWHG6WDWHV+LVSULPDU\DUHDVRIH[SHUWLVHDUH LQGXVWULDOIDFLOLWLHVVFKRROVFRPPHUFLDORτFHVDQGKLJKO\FXVWRPL]HGUHVLGHQWLDOSURMHFWVDOOXVLQJDQDUUD\RIVWUXFWXUDO materials. As evident through relationships with previous clients, his primary goal is to ensure clients receive structural VROXWLRQVWKDWFRPSOHWHO\IXOðOOWKHLUSURMHFWUHTXLUHPHQWV$QGUHZLVFXUUHQWO\DFWLYHLQWKH6WUXFWXUDO(QJLQHHUV Association of California (SEAOC) in addition to several other non-project organizations. 0LNHEULQJVPRUHWKDQ\HDUVRIH[SHULHQFHLQVWUXFWXUDOHQJLQHHULQJDQGSURMHFWPDQDJHPHQW+LVSULPDU\H[SHULHQFH is in public sector projects including City and Country governments, K-12 schools and Federal/Military projects.

Throughout his career, Mike has worked on projects of various size and complexity and likes to provide timely, quality and responsive service to each client. Mike will be the primary point of contact should ZSDE be selected.

With a passion for teamwork and innovative solutions, Ryan has performed structural engineering analysis and design VLQFH+HFXUUHQWO\IXQFWLRQVDV9LFH3UHVLGHQWRIWKHFRPSDQ\DQGGHVLJQHQJLQHHURQPDQ\RI=HOWPDFKHUâV SURMHFWV+LVSULPDU\H[SHULHQFHLVLQFRPPHUFLDORτFHDQGZDUHKRXVHEXLOGLQJVVHLVPLFUHWURðWWLQJDQGDQDO\VLV industrial and high-end residential projects. Ryan maintains an active membership in American Society of Civil Engineers (ASCE) and the Structural Engineers Association of California (SEAOC).

BIO BIO
BIO

ANDREW RANDOLPH, SE MIKE AUCHTER, PE

RYAN FITZPATRICK, SE

STRUCTURAL ENGINEER OF RECORD

TECHNICAL STRUCTURAL MANAGER

ZELTMACHER ZELTMACHER

ZELTMACHER
CA Structural Engineer
License #5010
CA Civil Engineer
License #59184
CA Civil Engineer
License #64422
CA Structural Engineer
License #6651
CA Civil Engineer
License #78344

LICENSES LICENSES

LICENSES

STRUCTURAL PROJECT MANAGER
0U(DVWKDPREWDLQHGKLV%DFKHORUVRI6FLHQFHLQ(OHFWULFDO(QJLQHHULQJIURPWKH8QLYHUVLW\RIWKH3DFLðFORFDWHGLQ6WRFNWRQ&$0U(DVWKDP pursued engineering in the industrial setting of Frito-Lay in Modesto, CA, directly out of college, where he managed numerous plant capital LPSURYHPHQWSURMHFWV8SRQUHWXUQLQJWRWKHVRXWKHUQFHQWUDOYDOOH\0U(DVWKDPEHJDQZRUNLQJIRUDQHOHFWULFDOHQJLQHHULQJFRQVXOWLQJðUP specializing in new and remodel construction throughout the state of California, with an emphasis on Airport Facility projects. During this time, Mr. Eastham gained invaluable experience in the design, bidding, procurement, and construction industry. Lastly, Mr. Eastham worked as the HQJLQHHULQJPDQDJHUIRU*XDUGLDQ*ODVVDQLQGXVWULDOPDQXIDFWXUHURIñDWJODVVZKHUH0U(DVWKDPPDQDJHGDWHDPRIHQJLQHHUVWRLPSURYHDQG PDLQWDLQWKHHτFLHQF\WKURXJKRXWWKHIDFLOLW\0U(DVWKDPKROGVDSURIHVVLRQDOHQJLQHHULQJOLFHQVHIURPWKH6WDWHRI&DOLIRUQLDDQGKDVSURYLGHG HOHFWULFDOGHVLJQVIRUDQXPEHURIGLσHUHQWLQGXVWULHVLQFOXGLQJDLUSRUWVKHDOWKFDUHIDFLOLWLHVVFKRROGLVWULFWVUHOLJLRXVIDFLOLWLHVSXEOLFSDUNVOLIW VWDWLRQVVRODU
UHVLGHQWLDODQGFRPPHUFLDO
LQGXVWULDOEXVLQHVVRτFHVDQGUHVLGHQWLDOKRPHV0U(DVWKDPLVLQWLPDWHO\IDPLOLDUZLWKWKHFRGH compliant issues and jurisdictions governing the proper design and construction of these varied projects.

BIO
STEVE EASTHAM, P .E.

PRINCIPAL ELECTRICAL ENGINEER

ROSE SING EASTHAM & ASSOCIATES
EXHIBIT 1
/$OEHUWR/RSH]KDVRYHU\HDUVRIH[SHULHQFHLQWKHFLYLOHQJLQHHULQJðHOGPDQDJLQJSURMHFWVGHVLJQWHDPVDQGLQVSHFWLQJDZLGHUDQJHRI projects. Alberto has had the opportunity to work on projects that include the design, inspection, and construction management of water, sewer, VWUHHWVGUDLQDJHLPSURYHPHQWVñRRGVWUXFWXUHVDQGWUDτFFRQWURO+HLVDTXDOLðHG6WRUPZDWHU3ROOXWLRQ3UHYHQWLRQ3ODQ 6:333
'HYHORSHUDQG
3UDFWLWLRQHU+HKDVZULWWHQDQGLQVSHFWHG6:333VWKURXJKRXW&DOLIRUQLD+LVSURIHVVLRQDOFDUHHULQFOXGHVWLPHDVDQLQVSHFWRUDQGSODQFKHFNHU ZLWKWKH&RXQW\RI.HUQ(QJLQHHULQJDQG6XUYH\6HUYLFHV'HSDUWPHQWDðHOGHQJLQHHUZLWK*UDQLWH&RQVWUXFWLRQDQGRYHU\HDUVDVDFRQVXOWLQJ HQJLQHHU0U/RSH]URXWLQHO\PDQDJHVDVWDσRIòSHRSOHWKRXJKYDULRXVSURMHFWVDVVLJQLQJWKHULJKWSHUVRQQHOWRWKHFRUUHFWSURMHFWWREHVW use their individual strengths.

BIO
L. ALBERTO LOPEZ, RCE, QSD/P

PRINCIPAL CIVIL ENGINEER

CLAD CONSULTING
Registered Civil Engineer No. 67602, State of
California
Bachelor of Science, Civil Engineering -
California Polytechnic State University San Luis
Obispo, CA
Spanos Stadium Turf Improvements, San Luis
Obispo, California
Upper Field Turf Improvements, San Luis
Obispo, California
2Q&DOO(QJLQHHULQJ6HUYLFHV)<&LW\RI
Pismo Beach, Project Manager/Inspector
6DIH5RXWHVWR6FKRRO6LGHZDON,QðOO3URMHFW
City of Grover Beach, Grover Beach, California
3DFLðF*DVDQG(OHFWULF9HKLFOH&KDUJH
Stations, California
/XFLD0DU8QLðHG6FKRRO'LVWULFW$UUR\R
Grande, California
Cal Poly Solar Farm and Solar Lab, San Luis
Obispo
1LSRPR+LJK6FKRRODQG*URYHU%HDFK
Elementary School, California

PROFESSIONAL REGISTRATIONS

EDUCATION

RELEVANT PROJECT EXPERIENCE
Founded and operated by Scott E. Boyle, PE, Caliber Mechanical Design opened its doors in 2013 with the idea that an engineering company can SURYLGHDVXSHULRUðQLVKHGSURGXFWZKHQWKHUHLVDQHPSKDVLVRQFOHDUFRPPXQLFDWLRQZLWKLQWKH$(WHDP0U%R\OHJUHZXSLQ9LVDOLDJUDGXDWHG IURP0W:KLWQH\+LJK6FKRRODQGHDUQHGKLV%DFKHORURI6FLHQFHDQG0DVWHURI6FLHQFHGHJUHHVLQ(QJLQHHULQJIURP&DO3RO\6/2:LWK \HDUVRIH[SHULHQFHLQWKHðHOG0U%R\OHKDVZRUNHGRQDZLGHUDQJHRIEXLOGLQJW\SHVLQFOXGLQJPXOWLWHQDQWKRXVLQJSURMHFWV&DOLIRUQLDVFKRRO PRGHUQL]DWLRQVDQGQHZFRQVWUXFWLRQPXOWLVWRU\KRWHOVIDVWIRRGUHVWDXUDQWVFRσHHKRXVHVRτFHEXLOGLQJVYHKLFOHUHSDLUIDFLOLWLHVUHPRWH cold-weather Alaskan health clinics, military base pump houses, and high-end custom homes. Caliber Mechanical Design is always ready to meet new project challenges and prides itself in providing top quality design documents that meet the client’s needs and schedule.

BIO
SCOTT E. BOYLE, PE, LEED AP

PRINCIPAL MECHANICAL AND PLUMBING ENGINEER

CALIBER MECHANICAL DESIGN
California Polytechnic State University
(Cal Poly), San Luis Obispo
B.S. General Engineering (Mechanical
Engineering Emphasis): June 1998
M.S Engineering: June 2002
LEED Accredited Professional: 6/2008-Present
State of California Licensed Professional
Mechanical Engineer (12/2007–Present, License
No M34330)
State of Alaska Professional Mechanical
Engineer (6/2006–12/2008, License No 11522)
U.S. D.O.D Secret Clearance (2000-2001)
Northern Design Course, University of Alaska,
Anchorage, 2003
Caliber Mechanical Design – Mechanical
Engineer / Owner (10/13 – Present)
Teter A+E, LLC, Visalia, CA – Mech. Engineer /
Project Manager (10/07 – 9/13)
$ODVND1DWLYH7ULEDO+HDOWK&RQVRUWLXP
Anchorage, AK – Engineering Support Services
Mechanical Engineer (5/06 – 10/07)
3'&,QF$QFKRUDJH$.ò0HFKDQLFDO6WDσ
Engineer (11/03 – 5/06)
RSA Engineering, Inc, Anchorage AK –
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Northrop Grumman / Litton, Goleta, CA –
Mechanical Design Engineer / Systems Test
Engineer (9/99 – 5/02)

PROFESSIONAL REGISTRATIONS WORK EXPERIENCE
CLAD
EXHIBIT 1

FINANCIAL STATEMENT
Pendulum’s Financial Statement included herein are intended solely for the use of the individual or entity to whom this proposa l is addressed DQGFRQWDLQFRQðGHQWLDODQGSULYLOHJHGLQIRUPDWLRQSURWHFWHGE\ ODZ

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EXHIBIT 1
No. 2 AFFIDAVIT FOR CORPORATION PROPONENT
STATE OF ____________, )ss.

County of )
(insert)
being first duly sworn, deposes and says: That they
a r e t h e o f a c o r p o r a t i o n , w h i c h corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent. (Signature Corporation Proponent)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by ______, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal _____________________________
Signature ____________________________
ory rr evidence ce to ototooooo bebebeeebee thethtthhtthh ppp __________________________
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ATTACHMENT B- PROPONENT’S COVENANT
In submitting this proposal, as herein described, the Proponent agrees that:

1. They have carefully examined the Scope of Work and all other provisions of this document and understand the meaning, intent and requirements of same.

2. They will enter into contract negotiations and furnish the services specified.

3. They have signed and notarized the attached Non-Collusion Affidavit form, whether individual, corporate or partnership. Must be ‘A Jurat’ notarization.

4. They have reviewed all clarifications/qu estions/answers on the City’s website at www.stocktonca.gov/adminbid.

5. Confidentiality: Successful Proponent hereby ackn owledges that information provided by the City is personal and confidential and shall not be used for any purpose other than the original intent outlined in the Request for Proposal. Breach of confidentiality shall be just cause for immediate termination of contract agreement.

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SIGNED BY & DATE

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EXHIBIT 1
EXHIBIT 1

City Council and Concurrent AuthoritiesJune 13, 2023

City Council and Concurrent Authorities
June 13, 2023