On the agenda: Coralville meeting — AUTOMATED LICENSE PLATE (Feb 24)

AGENDA
6:30 PM

February 24, 2026

A Regular Meeting of the City Council of the City of Coralville, Johnson County, IA will be held Tuesday,
February 24, 2026, at 6:30 PM in the Council Chambers at City Hall, 1512 7th Street. This meeting will be
live streamed Tuesday, February 24, 2026, at 6:30 PM and rebroadcast on Mediacom 118-8 and ondemand at www.coralville.org/coralvision.
Anyone is welcome to attend the Council Meeting and participate in any of the public hearings or speak
during citizen comments or you can submit comments in writing to the City Clerk’s office at 1512 7th
Street, Coralville, Iowa or by email at [email protected] no later than 5:00 PM, Tuesday, February
24, 2026. Coralville City Council Meetings are open to all individuals regardless of language spoken or
disability. Any person requiring a reasonable accommodation to participate should contact the City Clerk’s
office at 319-248-1700 or [email protected] at least two business days prior to the meeting.
1. Call to order.
2. Roll call.
3. Approve agenda.
4. Mayor to proclaim February 2026 as “American Heart Month.”
5. Community comments for 15 minutes. (Please limit to 5 minutes.)
6. AUTOMATED LICENSE PLATE READERS
a) Consider resolution terminating the Agreement with Flock Group and rescinding Police
Policy regarding Automated License Plate Readers.
Note: This resolution will terminate the agreement and remove the Automated License Plate Readers
(ALPR) installed by The Flock Group and rescinds the associated ALPR policy.
7. LUCKY PETE SUBDIVISION
a) Consider ORDINANCE NO. 2026-1001 an ordinance amending the Coralville Zoning
Ordinance, the same being Ordinance 2020-1009, as previously amended, rezoning
certain property located within the corporate limits of the City of Coralville, Johnson
County, Iowa and generally known as Lucky Pete Subdivision from C-2, Arterial
Commercial District, to C-PUD 1, Commercial Planned Unit Development One District,
for 3rd and final consideration.
b) Consider resolution approving the PUD-A Site Plan for the Lucky Pete Subdivision,
Coralville, Iowa.
c) Consider resolution approving the Final Plat for the Lucky Pete Subdivision, Coralville,
Iowa.
Note: This is for a multi-phased 15.38-acre commercial use campus west of Lowe’s between 2nd Street
and Interstate 80. There will be five buildings which include a 40,000 sq. ft. eSports arena and event
center; a 2,000 sq. ft. storage building; two 11,375 sq. ft. buildings that will be half retail and half
restaurants; and a 8,750 sq. ft. building that will be half retail and half restaurants. This development will
have the required 467 parking stalls for the proposed uses.

8. 15-MINUTE PARKING ZONES
a) Consider ORDINANCE NO. 2026-1001 an ordinance amending Chapter 69 of the Code
of Ordinances of the City of Coralville, as previously amended, regarding parking
regulations, for 3rd and final consideration.
Note: This ordinance adds language to the parking ordinance that allows for enforcement of 15-minute
zones with proper signage on public streets. The immediate plan is to sign the 3 northernmost spaces on
the west side of E. 2nd Avenue between E. 7th Street and E. 9th Street. Additional spaces could be added
with appropriate signage for public streets.
9. FISCAL YEAR 2027 PROPERTY TAX LEVY
a) Consider resolution setting the time and place for a public hearing for the purpose of
considering the proposed Property Tax Levy for the City’s Fiscal Year 2027 Budget.
Note: Iowa HF 718 requires a separate meeting for a public hearing on the property tax levy. The public
hearing will be held at a Coralville City Council Special Meeting at Coralville City Hall beginning at 6:00
PM on March 24, 2026.
10. WELL 17 IMPROVEMENTS
a) Consider resolution approving an Engineering Services Agreement with Veenstra &
Kimm, Inc. for Well 17 Improvements.
Note: This agreement covers the design, permitting and construction administration services to construct
a new Silurian drinking water well within the city’s Stable’s Stormwater Basin property is not to exceed
$295,000.00.
11. CONSIDER MOTION TO APPROVE THE CONSENT CALENDAR AS PRESENTED OR
AMENDED:
a) Approve minutes for February 10, 2026, Coralville City Council Regular Meeting.
b) Approve new Retail Cigarette/Tobacco/Nicotine/Vapor Permit for Dave’s Vending
Machine #1: 02/25/2026-06/31/2026. (For a vending machine at Quinton’s Bar & Deli.)
c) Approve Class E Retail Alcohol License for Maverick #5291: Eff. 3/15. (Formerly Kum &
Go #524)
d) Approve Class C Retail Alcohol License for Drury Inn & Suites – Coralville: Eff. 3/15.
e) Approve Class C Retail Alcohol License with Outdoor Service for Marquee Pizzeria: Eff.
03/23.
f) Approve payment to Komline-Sanderson for equipment (#42064956): $15,274.08.
g) Approve payment to Cummins Sales & Service for repairs to 72 Fire Truck (#J5260258029): $13,400.37.
h) Approve payment to Trumbull Consulting for 50% Consulting Commission due upon
opening of Crisp & Green (#06012186): $7,458.75.
i) Approve payment to Eocene Environmental Group for survey and maintenance for
CRANDIC Flood Protection Wetland Mitigation (Year 13): $3,000.00.
j) Approve payment to Shive-Hattery, Inc. for:
$14,385.90
i) 5th Street Improvements (#1219270-32)
ii) Forevergreen Road Extension Phase 1 (#2250013840-3)
$16,707.00
k) Approve payment to Terracon Consultants, Inc. for CRANDIC Levee Evaluation –
Utility Resilience Project (#TQ30806): $23,600.00.
l) Approve payment to the Johnson County Auditor for the city’s share of the November
4, 2025 City & School Election (2/4/2026): $13,355.29.
m) Approve payment to CIT Sewer Solutions for FY 2024 Sanitary Sewer Rehabilitation
Pay Application #3 (#7108): $33,104.06.

n) Approve payment to Hyatt Regency Coralville Hotel & Conference Center for BrrrFest
2026 (#32006311): $23,047.25.
o) Approve Pay Estimate #2 to Municipal Pipe Tool Co., Inc. for the Sanitary Sewer
Rehabilitation: $137,531.54.
p) Approve Pay Estimate #2 to ACME Electric Company for Wells 9 & 10 Standby
Generator Improvements: $23,827.30.
q) Approve Pay Estimate #12 to WRH, Inc. for Well 16 Improvements: $198,460.67.
r) Approve Pay Estimate #2 to Wendler, Inc. for WWTP Biosolids Pump Replacement:
$8,487.50.
s) Accept quotes and approve the purchase from Acterra Group of one GIR fuel
management system to replace the current system: $15,521.61. (This quote reflects
Sourcewell Pricing and covers installation of the new system and removal for the old
system.)
t) Approve attendance of Jacob Giese at Less Lethal Instructor at Harlan, Iowa from July
19-24, 2026: $2,225.83.
u) Approve attendance of Florence Cox to Tyler Connect 2026 at Las Vegas, Nevada from
April 7-11, 2026: $3,351.60.
v) Approve attendance of Ann Hester to Tyler Connect 2026 at Las Vegas from April 7-10,
2026: $3,351.60.
w) Approve attendance of Elysee Agbogbo to the 120th Annual Conference GFOA at
Chicago, Illinois from June 26, 2026 – July 1, 2026: $3,401.68.
x) Approve attendance of Alison Ames Galstad to Voices for Libraries at Washington, D.C.
from March 3 – 6, 206: $2,221.86.
y) Approve the January 2026 Treasurer’s Report.
z) Approve Bill List for February 24, 2026.
12. City Administrator’s report.
13. Mayor’s report.
14. City Attorney’s report.
15. Committee and Councilmember’s report.
16. Motion to adjourn.

A Work Session of the City Council will be held immediately following the council meeting.
1.
2.
3.
4.

TIF Analysis Report and Hotel Projections ~ Tim Oswald
Community Development Department Report ~ Dave Johnson
Fiscal Year 2027 Budget Discussion
Discuss Coralville Community Recreation Center & Natatorium Construction Manager atRisk Process.
5. City Administrator’s time.

City of Coralville
MEMORANDUM
Date:

8/21/2024

To:

Hon. Mayor and Councilmembers

From:

Kevin D. Olson

Title:

City Attorney

CC:

Thorsten J. Johnson

Re:

Automated License Plate Readers
This resolution accomplishes two things: terminates the agreement with The Flock
Group and also rescinds the previously approved ALPR policy because the
cameras will be removed. I will forward a copy of this Resolution to the Attorney
General’s office to show compliance with their request because the entire ALPR
policy has been rescinded.
Let me know if you have questions.

Page 1 of 1

RESOLUTION NO. 2026-_____
RESOLUTION TERMINATING THE AGREEMENT WITH FLOCK GROUP
AND RESCINDING POLICE POLICY REGARDING AUTOMATED LICENSE
PLATE READERS
WHEREAS, the City has engaged the services of Flock Group, Inc. to install
and provide Automated License Plate Reader (“ALPR”) technology at certain
locations within the City; and
WHEREAS, the City Council previously approved a policy for the Coralville
Police Department regarding the use of ALPR technology; and
WHEREAS, the City Council now desires to terminate and remove the
cameras installed by The Flock Group pursuant to the agreement with the Flock and
rescind the previously approved ALPR policy.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Coralville, Johnson County, Iowa, to terminate the agreement with The Flock Group.
BE IT FURTHER RESOLVED, that the previously approved policy for
ALPR approved by the City Council is hereby rescinded.
Passed and approved this 24th day of February, 2026.
_____________________________
Laurie Goodrich, Mayor
ATTEST:
______________________________
Thorsten J. Johnson, City Clerk

City of Coralville
MEMORANDUM
Date:

1/21/2026

To:

Honorable Mayor Goodrich and City Council Members

From:

David Johnson

Title:

Community Development Director

Re:

Lucky Pete Rezoning, PUD-A Site Plan and Final Plat

Introduction
This memorandum forwards a request by Lucky Pete, LLC to approve an application to
rezone from the C-2 Arterial Commercial District to the C-PUD-1 Commercial Planned
Unit Development One District, a PUD-A Master Development Plan, and final plat for
Lucky Pete Subdivson. Enclosed are the application, site plan, final plat and supporting
materials.
Background
The Master Development Plan for Lucky Pete establishes the framework for
development of a new multi-phased commercial use campus. Specifically planned are
an eSports arena/event center and multi-tenant commercial buildings. A PUD-A Site
Development Plan is intended to facilitate the structured growth of large, long-term
comprehensive developments. Accordingly, the PUD-A Site Development Plan
guidelines and regulations ensure that development over time conforms to an
established master plan.
A master development plan does not contain the level of detail to authorize a
development ready project; however, it does provide enough information to get an
overall understanding of a project and ensure that phased development can achieve
compliance with development codes when a project is implemented. Master
development plans often lack specific building and landscape design; however, critical
items like grading, road alignment, building size, utilities, and building location and sizes
are considered. After approval of a PUD-A site plan an applicant can file for approval of
a PUD-B site plan once the finer details of a project are further developed and known.
Staff Analysis
The Lucky Pete master development plan is 15.38 acres and located immediately west
Lowe’s between 2nd Street and Interstate 80. There are five (5) buildings in the
development. Building A is a 40,000 square foot eSports arena and event center.
Building B is a 2,000 square foot storage building. Buildings C and D are each 11,375
square foot buildings that will be half retail and half restaurants. Building E is an 8,750

square foot building used for half retail and half restaurants. 467 parking stalls are
required for the proposed uses and 467 stalls are provided. Peak demands will be
weekend tournaments.
The development will be done in two phases. Phase 1 will include the east 2/3rds of the
site and is anticipated to begin Spring 2026. This includes the three retail/restaurant
buildings as well as the retention basin. Phase 2 will include the eSports arena and
event center and storage building. Phase 2 is anticipated to begin Fall of 2026.
The property is designated as Regional Commercial in the Coralville Community Plan
Land Use Map. Regional Commercial areas are intended to accommodate larger
shopping centers and developments that serve a more regional function. Areas
designated as Regional Commercial are located primarily in larger consolidated areas
along heavily traveled corridors.
City Staff find the proposed commercial use campus is consistent with the land use plan
Regional Commercial land use designation. City Staff have reviewed the final plat and
finds it conforms with the requirements for preparation and filing. The proposed site plan
and development concept meets the requirements for a master development plan. The
concept demonstrates adequate parking, setbacks, landscaping, density, and traffic and
pedestrian circulation. The owner will need to work with Lowe’s to address required
development covenants and reimbursement requirements for roads and infrastructure
associated with the shared drive. The owner will also need to coordinate with the State
of Iowa on the location, design and approval of the secondary access off Highway 6
opposite Deer Creek Road shown in Phase 2 of the master development plan. That
access will be a fire code requirement for Phase 2 to move forward. Grading permits will
not be issued prior to Lowe’s agreement being satisfied and approval of a construction
site runoff permit application as per Section 9 of the City of Coralville Construction Site
Erosion and Sediment Control Ordinance.
Recommendation of the Commission
The Planning and Zoning Commission reviewed the request at their January 7, 2026
meeting. By a vote of 6-0 the Commission recommended to approve the rezoning from
the from the C-2 Arterial Commercial District to the C-PUD-1 Commercial Planned Unit
Development One District, a PUD-A Master Development Site Plan, and the final plat
for Lucky Pete Subdivson.

Prepared by and return to Kevin D. Olson, Coralville City Attorney, P.O. Box 5127, Coralville, Iowa 52241

ORDINANCE NO. 2026-1002
AN ORDINANCE AMENDING THE CORALVILLE ZONING ORDINANCE, THE SAME BEING
ORDINANCE NO. 2020-1009, AS PREVIOUSLY AMENDED, REZONING CERTAIN PROPERTY
LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF CORALVILLE, JOHNSON
COUNTY, IOWA AND GENERALLY KNOWN AS LUCKY PETE SUBDIVISION FROM C-2,
ARTERIAL COMMERCIAL DISTRICT, TO C-PUD 1, COMMERCIAL PLANNED UNIT
DEVELOPMENT ONE DISTRICT.
BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF CORALVILLE,
JOHNSON COUNTY, IOWA, AS FOLLOWS:
Section 1. District Map. The District Zoning Map as established in Ordinance Number 20201009 and referenced in Chapter 165.07 of the City of Coralville Code of Ordinances - 2011 (as amended)
is hereby amended by showing that certain property generally known as Lucky Pete Subdivision, as
legally described in Exhibit “A,” being located in a C-PUD 1, Commercial Planned Unit Development
One District, in place of a C-2, Arterial District.
Section 2. Conflicts. All ordinances or parts of ordinances not specifically provided for and in
conflict with the provisions of this ordinance are hereby repealed.
Section 3. Adjudication. If any section, provision, or part of this ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
Section 4. Effective Date. This ordinance shall be in full force and effect after its passage,
approval and publication as required by law.
********
Passed and approved this 27th day of January, 2026.
____________________________

ATTEST:
______________________________
Thorsten J. Johnson, City Clerk

Laurie Goodrich, Mayor

EXHIBIT “A”

THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 36, TOWNSHIP 80 NORTH, RANGE 7 WEST OF THE 5TH P.M. THAT IS DESCRIBED
AS AUDITOR’S PARCEL 2000108 ON PLAT OF SURVEY RECORDED IN BOOK 42, PAGE 51,
PLAT RECORDS OF JOHNSON COUNTY, IOWA, CITY OF CORALVILLE, JOHNSON COUNTY,
IOWA.
EXCEPTING THEREFROM THOSE PORTIONS OF CONVEYED TO THE STATE OF IOWA FOR
HIGHWAY PURPOSES BY WARRANTY DEEDS RECORDED IN BOOK 5612, PAGE 931 AND IN
BOOK 6012, PAGE 680, RECORDS OF JOHNSON COUNTY, IOWA.

Prepared by Kevin D. Olson, City Attorney, P.O. Box 5127, Coralville, Iowa 52241 (319)248-1700

RESOLUTION NO. 2026-_______
RESOLUTION APPROVING THE PUD-A SITE PLAN FOR LUCKY PETE SUBDIVISION,
CORALVILLE, IOWA.
WHEREAS, the Developer has heretofore submitted the PUD-A Site Plan for that certain parcel
legally described as Lucky Pete Subdivision, Coralville, Iowa (the “Parcel”); and
WHEREAS, said Site Plan has heretofore been reviewed by City Staff and the Planning and
Zoning Commission; and
WHEREAS, the Site Development Plan has been found to conform to Chapter 165 of the
Coralville Code of Ordinances; and
NOW, THRERFORE, be it resolved by the City Council of the City of Coralville that the PUD-A
Site Plan for the Parcel be and the same are hereby accepted and approved.

*******
Passed and approved this 24th day of February, 2026.
________________________________
Laurie Goodrich, Mayor
ATTEST:
_________________________________
Thorsten J. Johnson, City Clerk

Prepared by and return to: Kevin D. Olson, City Attorney, P.O. Box 5127, Coralville, IA 52241 (319)248-1700

RESOLUTION NO. 2026-_____
RESOLUTION APPROVING THE FINAL PLAT FOR THE LUCKY PETE SUBDIVISION,
CORALVILLE, IOWA.
WHEREAS, the developer did file with the City Clerk of Coralville, on October 31, 2025, a final
platting of the Lucky Pete Subdvision, Coralville, Iowa; and
WHEREAS, the legal description for said Subdivision as described in Exhibit A; and
WHEREAS, said property has been dedicated with the free consent and in accordance with the
desires of the owner; and
WHEREAS, the aforementioned plat and subdivision is found to conform with Chapter 354 of
the State Code of Iowa, Chapter 170 of the Coralville Code of Ordinances, and all other ordinances and
statutory requirements; and
WHEREAS, said final platting of the aforementioned subdivision has been examined by the
Coralville Planning and Zoning Commission; and
WHEREAS, recommendations from both said Commission and City Staff have been made; and
WHEREAS, after due deliberation, said Commission has recommended that the final platting of
the proposed subdivision, be accepted and approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coralville, Iowa,
that the final platting of the Lucky Pete Subdivision, Coralville, Iowa be and the same is hereby approved.
BE IT FURTHER RESOLVED that the City Clerk of the City of Coralville, Iowa, is hereby
authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County,
Iowa.
*******
Passed and approved this 24th day of February, 2026.

ATTEST:
_________________________________
Thorsten J. Johnson, City Clerk

__________________________
Laurie Goodrich, Mayor

EXHIBIT “A”

THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 36, TOWNSHIP 80 NORTH, RANGE 7 WEST OF THE 5TH P.M. THAT IS DESCRIBED
AS AUDITOR’S PARCEL 2000108 ON PLAT OF SURVEY RECORDED IN BOOK 42, PAGE 51,
PLAT RECORDS OF JOHNSON COUNTY, IOWA, CITY OF CORALVILLE, JOHNSON COUNTY,
IOWA.
EXCEPTING THEREFROM THOSE PORTIONS OF CONVEYED TO THE STATE OF IOWA FOR
HIGHWAY PURPOSES BY WARRANTY DEEDS RECORDED IN BOOK 5612, PAGE 931 AND IN
BOOK 6012, PAGE 680, RECORDS OF JOHNSON COUNTY, IOWA.

City of Coralville
MEMORANDUM
Date:

1/19/2026

To:

Hon. Mayor and Councilmembers

From:

Kevin D. Olson

Title:

City Attorney

CC:

Thorsten J. Johnson

Re:

Parking ordinance amendment – 15-minute zones
In order to allow for the increasing use of pickup orders by businesses in the Iowa
River Landing District, the city administration has recommended that we implement
a 15-minute parking zone. This ordinance adds language to the parking ordinance
that allows for enforcement of 15-minute zones with proper signage on public
streets (this ordinance does not affect any private property). The immediate plan is
to sign the northernmost three (3) spaces on the west side of E. 2nd Avenue
between E. 7th Street and E. 9th Street as 15-minute zones.
In the future, additional spaces could be added with appropriate signage for public
streets.
Let me know if you have questions.

Page 1 of 1

ORDINANCE NO. 2026-_____
AN ORDINANCE AMENDING CHAPTER 69 OF THE CODE OF ORDINANCES OF THE
CITY OF CORALVILLE, AS PREVIOUSLY AMENDED, REGARDING PARKING
REGULATIONS.
NOW, THEREFORE, BE IT ORDAINED, as follows:
1.

Amendment. Section 69.10 is hereby amended by adding the following:
“28. 15-minute zone. Parking in a parking space for more than fifteen (15)
minutes which has been designated as a maximum 15-minute parking
zone.”

2.
Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
3.
Adjudication. If any section, provision, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the
validity of the ordinance as a whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
4.
Effective Date. This Ordinance shall be in effect after its final passage,
approval and publication as provided by law.

Passed and approved this _________ day of _____________, 2026.

ATTEST:

Thorsten J. Johnson, City Clerk

Laurie Goodrich, Mayor

City of Coralville
MEMORANDUM
Date:

2/24/2026

To:

Hon. Mayor and City Councilmembers

From:

Ann Hester

Title:

Director of Finance

CC:

City Administrator Kelly Hayworth

Re:

Setting a public hearing on the Proposed FY27 City Property Tax Levy
This will set a public hearing date on the proposed Fiscal Year 2027 City Property
Tax Levy for March 24, 2026, at 6:00 pm.
Please direct any questions to City Administrator Kelly Hayworth or Director of
Finance Ann Hester.
Thank you

Ann Hester
Director of Finance

Page 1 of 1

RESOLUTION NO. 2026-____
RESOLUTION SETTING TIME AND PLACE FOR A PUBLIC HEARING FOR
THE PURPOSE OF CONSIDERING THE PROPOSED PROPERTY TAX LEVY
FOR THE CITY’S FISCAL YEAR 2027 BUDGET
WHEREAS, the City Council of Coralville, Iowa is preparing the annual budget
for the Fiscal Year 2027; and
WHEREAS, Iowa HF 718 requires a public hearing on the consolidated general
fund property tax levy where any resident or taxpayer of the City may present to the City
Council objections or arguments in favor of the tax dollars before the budget is adopted
and certified to the county auditor; and
WHEREAS, interested residents or taxpayers having comments for or against the
proposed property tax rate may appear and be heard at the public hearing at the Coralville
City Council Special Meeting on March 24, 2026 at 6:00 PM at the Coralville City Hall,
at 1512 7th Street, Coralville, Iowa.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Coralville, Iowa, that this confirms that the city council order the publication of a notice
of public hearing pertaining to the consolidated general fund property tax levy not less
than ten (10) days nor more than twenty (20) days prior to the date set for the hearing.
BE IT FURTHER RESOLVED, by the Coralville City Council, that the Mayor
and City Clerk are hereby authorized and directed to execute said resolution.
Passed and approved this 24th day of February, 2026.

__________________________
Laurie Goodrich, Mayor
ATTEST:
_______________________________
Thorsten J. Johnson, City Clerk

City of Coralville
MEMORANDUM
Date:

2/19/2026

To:

Mayor & City Council

From:

Scott Larson, PE

Title:

City Engineer

CC:

City Administrator Kelly Hayworth, City Clerk Thor Johnson

Re:

Engineering Services Agreement for Well 17 Improvements

This Engineering Services Agreement (ESA) with Veenstra & Kimm, Inc., covers design,
permitting, and construction administration services for Well 17 Improvements. The project will
construct a new Silurian drinking water well located within the City’s Stables Stormwater Basin
property on the northwest corner of 12th Avenue and Glen Oaks Ridge. See location map on
next page. The project will also construct a new raw water main from the northeast corner of
12th Avenue and Oakdale Boulevard to Well 17. Well 17 will provide additional source capacity
for the City’s water supply.
The project is expected to have a bid date in January 2027, with construction starting in
February 2027. Well 17 would be in operation by November 2027.
The Engineer’s Estimate for construction is $2.3 million.
I recommend approval of the ESA with Veenstra & Kimm, Inc., for the not-to-exceed fee of
$295,000.00.

Page 1 of 2

Location Map – Well 17 Improvements

Page 2 of 2

ENGINEERING SERVICES AGREEMENT
WELL No. 17 IMPROVEMENTS
CORALVILLE, IOWA
THIS AGREEMENT, made and entered into this
day of
, 2026, by
and between the City of Coralville, a Municipal Corporation, 1512 7th Street, P.O. Box 5127,
Coralville, IA 52241-0127, hereinafter referred to as the "CITY", and Veenstra & Kimm, Inc., an
Iowa Corporation, 2600 University Parkway, Suite 1, Coralville, IA 52241, hereinafter referred to
as the "CONSULTANT."
WHEREAS, the CITY desires to construct a new drinking water well into the Silurian
aquifer north of Glen Oaks Ridge and west of 12th Avenue to provide additional source capacity
for the City water supply, hereinafter referred to as the "Project"; and
WHEREAS, the City Council has heretofore deemed it necessary and desirable to obtain
professional engineering services for the Project; and
WHEREAS, the CONSULTANT is qualified and capable of supplying said engineering
services for a fee not to exceed Two Hundred Ninety-Five Thousand and 00/100 Dollars
($295,000.00).
WHEREAS, accordingly, the CITY has agreed to engage the CONSULTANT as an
independent contractor to assist in the design and construction of the Project for a total
consulting fee not to exceed Two Hundred Ninety-Five Thousand and 00/100 Dollars
($295,000.00) under the terms and conditions set forth below.
NOW THEREFORE, THE CITY AND THE CONSULTANT, FOR CONSIDERATION
HEREINAFTER SET FORTH, DO MUTUALLY AGREE AS FOLLOWS:
I.

SCOPE OF SERVICES.

The CONSULTANT shall perform in a timely and satisfactory manner engineering
services in connection with the Project as same are set forth in Exhibit “A” attached
hereto and incorporated into this Agreement by this reference.
II.

TIME OF COMPLETION.

The CONSULTANT shall complete the services to be rendered hereunder in
accordance with the schedule set forth in Exhibit “B” attached hereto and incorporated
by this reference. The CONSULTANT does hereby expressly acknowledge and agree that
TIME IS OF THE ESSENCE of this Agreement, and, thus, any failure by the CONSULTANT
to timely render and perform services hereunder shall constitute a material breach of
this Agreement.
-1-

III.

GENERAL TERMS AND PROVISIONS.
A.
The CONSULTANT shall not commit any of the following employment
practices in connection with or while rendering engineering services hereunder
and does hereby expressly agree to prohibit the following practices from being
committed by any subcontractors engaged by the CONSULTANT in connection
with the Project. Upon request, the CONSULTANT shall provide the CITY with a
copy of the relevant provisions of any agreement entered into by the
CONSULTANT and subcontractor in connection with the Project to confirm to the
satisfaction of the CITY that the requirements under this Subparagraph III(A)
have been met.
1.
To discharge or refuse to hire any individual because of their race,
color, religion, sex, national origin, disability, age, marital status, or sexual
orientation.
2.
To discriminate against any individual in terms, conditions or
privileges of employment because of their race, color, religion, sex,
national origin, disability, age, marital status, or sexual orientation.
B.
The CITY may terminate this Agreement, with or without cause, upon no
less than seven (7) calendar days written notice. In the event that the CITY does
so terminate this Agreement, the CONSULTANT shall be paid for all work and
services performed up to the time of said termination upon submission to the
CITY of a final billing statement and review and approval thereof by the Coralville
City Council at the next regularly scheduled Council Meeting; provided, however,
that any such sum shall not be greater than the total amount to be paid for
services rendered hereunder as set forth in Article IV below; and further
provided that, in the event the CITY terminates this Agreement with cause, the
CITY may, in its sole discretion, elect to withhold payment of an amount
sufficient to engage a third party to properly complete the Project in accordance
with the terms of this Agreement.
C.
This Agreement shall not be assigned or in any manner transferred by the
CONSULTANT, without the express written consent of the Coralville City Council.
D.
It is hereby acknowledged and agreed by both parties hereto that the
engagement of the CONSULTANT by the CITY in connection with the Project
shall be as an independent contractor and shall be exclusive; provided, however,
that the CONSULTANT may retain the services of subcontractors for the purpose
of performing its obligations and responsibilities under this Agreement so long as
the CONSULTANT has first obtained the written approval of same from the CITY;
and further provided that, should the CONSULTANT so engage subcontractors
under the terms of this Subparagraph III(D), the CONSULTANT shall solely
responsible for compensating any such subcontractors.
-2-

E.
The CITY shall make all criteria, design and construction standards, and
information regarding the CITY’s requirements for the Project available to the
CONSULTANT upon reasonable request by the CONSULTANT therefor. The CITY
shall furnish reasonable assistance to the CONSULTANT in the use of said
information and documentation at the request of the CONSULTANT.
F.
It is further agreed that neither party to this Agreement shall perform
contrary to any federal or state law, rule or regulation, or the Coralville City Code
of Ordinances.
G.
At the request of the CITY, the CONSULTANT shall attend such meetings
of the City Council relating to the PROJECT hereunder.
H.
The CONSULTANT agrees to furnish all reports, specifications, and
drawings with the seal of a professional engineer affixed thereto or such other
seal as required by State law.
I.
Upon termination of this Agreement and request of the CITY, the
CONSULTANT shall provide the CITY with copies of all basic notes and sketches,
charts, computations, and any other data prepared or obtained by the
CONSULTANT pursuant to this Agreement without cost, and without restrictions
or limitations as to the use thereof in connection with the PROJECT. It is
understood, however, that the CONSULTANT shall not be liable for the CITY's
use of such documents on other projects.
J.
Original drawings prepared by the CONSULTANT under this Agreement
shall become the property of the CITY. The CONSULTANT shall be allowed to
keep Mylar reproducible copies for the CONSULTANT’s own filing use.
K.
Fees paid in order to secure approval of authorities having jurisdiction
over the Project shall be paid by the CITY.
L.
If the CONSULTANT is providing Construction Administration or
Supervision under this Agreement, the CONSULTANT shall make visits to the
Project construction site at intervals appropriate to the various states of
construction and as mutually agreed to by the CONSULTANT and CITY in order to
observe as an experienced and qualified engineering professional the progress
and quality of the various aspects of the work being performed by contractors
and/or subcontractors. Based on information obtained during such visits and on
such observations, the CONSULTANT shall endeavor to determine to the best of
the CONSULTANT’s ability if work on the Project is proceeding in accordance
with the concept plan for the Project and shall keep the CITY informed of the
progress of the work on the Project and any concerns the CONSULTANT may
have regarding same.
-3-

M.
CONSULTANT shall procure and maintain insurance for protection from
claims under workers’ compensation acts, claims for damages because of bodily
injury, including personal injury, sickness, disease or death of any and all
employees or of any person other than such employees and from claims or
damages because of injury to or destruction of property, including loss of use
resulting there from. The CONSULTANT shall name the CITY as an additional
insured party on CONSULTANT's general liability insurance policy. At the request
of the CITY, the CONSULTANT shall give the CITY a certificate of insurance
evidencing that the insurance required under this Agreement is in force, and the
CONSULTANT shall immediately notify the CITY of any revocation or cancellation
of any of the above-referenced insurance policies. The CONSULTANT shall take
all necessary steps to preserve the CITY's defenses of governmental immunity
under Chapter 670 of the Code of Iowa, including, without limitation, requiring
that the language set forth in Exhibit "D" attached hereto and incorporated by
this reference be included in the certificate of insurance to be provided to the
CITY hereunder.
IV.

COMPENSATION FOR SERVICES.

The CITY shall compensate the CONSULTANT for engineering services rendered
under this Agreement for a fee not to exceed Two Hundred Ninety-Five Thousand and
00/100 Dollars ($295,000.00). Said fees shall be paid by the CITY to the CONSULTANT in
accordance with the payment schedule set forth in Exhibit "C" attached hereto and
incorporated by this reference; provided, however, in express acknowledgment that this
Agreement is a COMPLETION DATE CONTRACT, the CONSULTANT does hereby
acknowledge and confirm the CONSULTANT’s understanding that TIME IS OF THE
ESSENCE and that the timely completion of each phase of the Project as set forth in
Exhibit "A" and the timely completion of the Project in its entirety constitutes material
terms of this Agreement without which the CITY would not have engaged the
CONSULTANT. Accordingly, the CONSULTANT also acknowledges that:
A.
No payment shall be made to the CONSULTANT hereunder if the Project
is not proceeding on schedule unless otherwise hereafter agreed in writing by
the CITY.
B.
Under no circumstances shall the CITY compensate the CONSULTANT for
work that has not yet been completed. For purposes of this provision, work shall
constitute the discrete phases of the Project as set forth in Exhibit "A" attached
hereto. Accordingly, the CONSULTANT shall not be entitled to compensation
hereunder for any phases of the work until the entire phase of work has been
completed.

-4-

C.
In any event, no payment hereunder shall become due and payable until
submission to the CITY by the CONSULTANT of a billing statement therefor and
review and approval of the billing statement by the Coralville City Council at its
next regularly scheduled meeting.
V.

INDEMNIFICATION.

The CONSULTANT agrees to fully indemnify, defend, save and hold the CITY, its
officers, representatives, agents, contractors, subcontractors and employees, harmless
from any and all liability to third parties (including reimbursement of reasonable legal
fees and costs) arising directly or indirectly from the negligent act, error or omission of
the CONSULTANT, its officers, representatives, agents, contractors, subcontractors or
employees in connection with the Project.
VI.

HAZARDOUS MATERIALS.

The CONSULTANT hereby warrants and represents that the CONSULTANT (i) has
not created nor contributed to the creation or existence (ii) nor will it create or
contribute to the creation or existence of any type of hazardous or toxic wastes,
materials, chemical compounds, or substances, or any other type of environmental
hazard or pollution, whether latent or patent, at the premises of the Project, or in
connection with or related to the Project. The CONSULTANT, notwithstanding the limit
of liability contained in Provision V of this Agreement, does hereby fully indemnify,
defend, save and hold harmless the CITY, its officers, employees and agents from and
against any and all debts, claims, causes of action, administrative orders and notices,
costs (including but not limited to, response and/or remedial costs), personal injuries,
losses, damages, liabilities, demands, interest, fines, penalties and expenses, including
reasonable legal fees and expenses, consultants' fees and expenses, court costs and all
other out-of-pocket expenses, suffered or incurred by the CITY, its officers,
representatives, agents, contractors, subcontractors, employees and grantees as a
result of any breach of this Provision VI.
VII.

INTERPRETATION.

This Agreement shall be construed in accordance with the generally accepted
standards of the Engineering Profession; provided, however, that it is expressly
understood and agreed by both parties that to the extent, if at all, the explicit terms and
conditions of this Agreement are in conflict with said generally accepted standards of
the Engineering Profession, said explicit terms and conditions of this Agreement shall
control in the event of a dispute between the parties hereto.

-5-

VIII.

SURVIVAL.

All express representations, indemnifications or limitations of liability made in or
given in this Agreement shall survive the completion of the engineering services to be
rendered by the CONSULTANT hereunder or the termination of this Agreement for any
reason.
IX.

CONTROLLING LAW.

This Agreement is to be governed by the laws of the State of Iowa. The parties
hereto agree that any action, suit or proceeding based upon any matter, claim or
controversy arising under this Agreement shall be brought solely in the state courts
located in Johnson County, Iowa or the federal courts located in Linn County, Iowa. The
parties hereto hereby irrevocably waive objection to the venue of the above-mentioned
courts, including any claim that such action, suite or proceeding has been brought in an
inconvenient forum. Both parties hereto expressly acknowledge and agree that nothing
contained in this Agreement shall be construed to require the parties to submit to
mandatory arbitration or mediation in the event of a breach or dispute hereunder.
X.

HEADINGS.

The headings of sections of this Agreement are for convenient reference only
and shall not be deemed to limit, construe, affect, modify or alter the meaning of such
sections.
XI.

SEVERABILITY.

If any section, subsection, term or provision of this Agreement or the application
thereof to the CONSULTANT, the CITY or a particular circumstance shall, to any extent,
be invalid or unenforceable, the remainder of said section, subsection, term or provision
of this Agreement or the application of same to the CONSULTANT, the CITY or particular
circumstances other than for which it was held invalid or unenforceable, shall not be
affected thereby and each remaining section, subsection, term or provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
XII.

AUTHORITY.

The persons signing this Agreement warrant and represent that they have the
authority to sign as, or on behalf of, the party for whom they are signing.

-6-

XIII.

FINAL AGREEMENT.

Both the CONSULTANT and the CITY hereby expressly acknowledge and agree
that this Agreement is intended to set forth the entire agreement between the parties
regarding the engineering services to be rendered by the CONSULTANT to the CITY in
connection with the PROJECT, that there are no other considerations or monies
contingent upon or resulting from the execution of this Agreement, and that no other
monies or considerations have been solicited. No waiver, change, modification or
amendment of this Agreement shall be binding upon either party hereto unless in
writing and signed by both the CONSULTANT and the CITY. The waiver by either party
hereto of a breach of any provision of this Agreement shall not operate or be construed
as a waiver of any subsequent breach of that provision or of any other provision or
condition in this Agreement.
ACCEPTED & AGREED:
VEENSTRA & KIMM, INC.

CITY OF CORALVILLE, IOWA

An Authorized Representative

Laurie Goodrich, Mayor

ATTEST:

ATTEST:

An Authorized Representative

Thorsten J. Johnson, City Clerk

-7-

ENGINEERING SERVICES AGREEMENT
WELL No. 17 IMPROVEMENTS
CORALVILLE, IOWA
EXHIBIT “A”
SCOPE OF SERVICES:
The CONSULTANT shall perform in a timely and satisfactory manner engineering services in
connection with the PROJECT as set forth as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.

Well siting evaluation for new well site. Evaluation will include review of site
separation requirements of IAC 567.43 and will include estimated cost for site.
Preparation of IDNR Construction Permit Schedule 4, Site Approval and
supporting information for selected site.
Topographic and existing utility surveying of the selected project area.
Well site layout and water main routing from well site to existing raw water
transmission main at the intersection of 12th Avenue and Oakdale Boulevard.
Electrical service and communications layout to new well site. Standby power
and control building design.
Plans and specifications for construction of a well at selected site and sampling
plan for water quality and well production.
IDNR construction permit application preparation.
Well Water Pollution Prevention Plan.
Modification of IDNR Water Use Permit.
Phase II Stormwater permit Notice of Intent and SWPPP.
Easement needs will be identified. (Easement plats and negotiation assistance
will be provided at an hourly rate outside this contract).
Final construction plans and specifications.
Bidding phase services to include notification to contractors, advertisement for
bids, response to questions and attending bid opening.
General construction contract services including contract preparation, submittal
review, construction meetings, preparation of pay estimates and change orders,
as-built drawings, and project closeout.
Construction Observation and Resident Review. (Assumes 1,200 hours/30 weeks
of review services plus reimbursable expenses).

-8-

SERVICES NOT INCLUDED
The following is a partial list of services not included under this Agreement:
1.

2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.

Evaluation of capacity and capability of water treatment facility to treat water
supplied by new well based on flow rate and water quality. Evaluation, design and
construction of improvements to treatment facilities will be completed under
separate agreement if necessary.
Evaluation and design of controls upgrades at the existing water treatment facility.
Update of wellhead protection plan following completion of new well.
Update of source water protection plan following completion of new well.
Soil borings, rock borings, geotechnical investigation, compaction testing and
contaminated soil investigations are not included in this Agreement.
Potholing existing utilities will be coordinated with a local contractor. Cost of
potholing is not included in this Agreement.
Services related to or regarding arbitration or litigation of a construction contract
between a construction contractor and the Owner regarding any of the projects
included in this Agreement.
Topographic survey beyond that previously identified in the scope of work is not
included in this Agreement.
Materials testing and inspections are not included in this Agreement.
Services required for the evaluation of and determination to accept defective work
by Contractor including required re-design services.
Services required for re-design as a result of substitute products during the
construction phase.
Services required as a result of Owner providing incomplete or incorrect Project
information.
Construction staking.
Assistance in connection with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment, or services, only so long as the original work is
reasonably consistent with Owner’s program or other instruction.
Providing assistance in resolving any Hazardous Environmental Condition in
compliance with current laws and regulations.
Noise and/or odor studies.
Preparation of more than two bid packages.
Study to evaluate electrolysis issues related to water system.
A biological assessment (BA) or Phase II Archaeology study.
Additional species or habitat surveys requested by agencies, beyond the scope
specified herein.
Onsite wetland mitigation design or planning.
Stream mitigation or stream stabilization and/or restoration plan.
Easement services or property acquisition services.
Certificates of Title or services to coordinate title searches.
-9-

ENGINEERING SERVICES AGREEMENT
WELL No. 17 IMPROVEMENTS
CORALVILLE, IOWA
EXHIBIT “B”
TIME OF COMPLETION:
The CONSULTANT shall complete the services to be rendered hereunder in accordance with the
schedule set forth below. The CONSULTANT does hereby expressly acknowledge and agree
that TIME IS OF THE ESSENCE of this Agreement, and, thus, any failure by the CONSULTANT to
timely render and perform services hereunder shall constitute a material breach of this
Agreement. The schedule milestones for this project are as follows:
1.
2.
3.
4.
5.
6.
7.
8.

Topographic surveying of the potential route shall be completed by March 20,
2026.
Coordination with IDNR for environmental review shall commence April 1, 2026.
Completion of environmental review is anticipated in December, 2026.
Draft plans and specifications for grading the well site, constructing the well and
water main, and for well controls and electrical to be provided for City review by
August 1, 2026.
Final construction plans and specifications shall be delivered by December 1,
2026.
Submittal of the IDNR Construction Permit for the well and water main
improvements shall be completed by December 1, 2026.
Anticipated start of well construction is February 1, 2027.
Well 17 shall be in operation by October 31, 2027.
All work on the project shall be completed by June 1, 2028.

The CONSULTANT shall not be responsible for delays in approval or other actions by
governmental agencies which may delay the time of completion for services.

-10-

ENGINEERING SERVICES AGREEMENT
WELL No. 17 IMPROVEMENTS
CORALVILLE, IOWA
EXHIBIT “C”
COMPENSATION FOR SERVICES:
The CITY shall compensate the CONSULTANT for engineering services rendered under this
Agreement based on the following:
1.
For DESIGN SERVICES, the Lump Sum fee of One Hundred Thirty-Five
Thousand Dollars ($135,000);
2.
For GENERAL SERVICES, the Lump Sum fee of Fifty-Five Thousand Dollars
($55,000);
3.
For RESIDENT REVIEW, the not-to-exceed fee of One Hundred Five
Thousand Dollars ($105,000); based on providing not more than 1,000 hours of
review time.
4.
Easement services, including easement preparation and negotiations, will
be invoiced at standard hourly rates based on the actual time required to
provide services associated with easements.
Said total fees shall be paid by the CITY to the CONSULTANT shall become due and payable
until submission to the CITY by the CONSULTANT of a billing statement therefor and review and
approval thereof by the Coralville City Council at the next regularly scheduled Council Meeting.

-11-

ENGINEERING SERVICES AGREEMENT
WELL No. 17 IMPROVEMENTS
CORALVILLE, IOWA
EXHIBIT “D”
“The Companies affording coverage and the Additional Insured, City of Coralville,
Johnson County, Iowa, expressly agree and stat that the purchase of this policy of insurance by
the insured and the listings of the City of Coralville as an Additional Insured hereunder do not
waive any of the defenses of governmental immunity available to the Additional Insured under
Iowa Code Section 670.4 as it now exists and as it may be amended from time to time.
The Companies and Additional Insured further agree that this policy of insurance shall
cover only those claims not subject to the defense of governmental immunity under Iowa Code
Section 670.4 as it now exists and as it may be amended from time to time.
The Additional Insured shall be responsible for asserting any defense of governmental
immunity, and may do so at any time and shall do so upon the timely written request of the
Companies.
The Companies shall not deny coverage under this policy and the Companies shall not
deny any of the rights and benefits accruing to the Insured or the Additional Insured under this
policy for reasons of governmental immunity unless and until a court of competent jurisdiction
has ruled in favor of the defense(s) of governmental immunity asserted by the Additional
Insured.”

-12-

RESOLUTION NO. 2026-_____
RESOLUTION APPROVING AN ENGINEERING SERVICES AGREEMENT WITH VEENSTRA &
KIMM, INC. FOR WELL 17 IMPROVEMENTS.
WHEREAS, the City Council of the City of Coralville, Iowa has heretofore deemed it necessary
and desirable to construct a new Silurian drinking water well located within the city’s Stable’s
Stormwater Basin property to provide an additional source capacity for the City’s water supply; said
project having been referred to as the “Well 17 Improvements,” hereinafter the (“Project”); and
WHEREAS, Veenstra & Kimm is qualified and capable of providing engineering services for this
project including design, permitting and construction administration; and
WHEREAS, Veenstra and Kimm, Inc. is qualified and capable of providing engineering services
for the project, for a cost not to exceed $295,000.00; and
WHEREAS, Veenstra & Kimm, Inc. has drafted an Engineering Services Agreement to provide
said services which now requires approval by and execution on behalf of the City of Coralville; and
WHEREAS, the City Engineer has reviewed and recommended approval of said Engineering
Services Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coralville, Johnson
County, Iowa, that the above-referenced Engineering Services Agreement be and the same is hereby
approved.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed
to execute said Engineering Services Agreement on behalf of the City of Coralville.
********
Passed and approved this 24th day of February, 2026.

ATTEST:
_______________________________
Thorsten J. Johnson, City Clerk

__________________________________
Laurie Goodrich, Mayor

City of Coralville
MEMORANDUM
Date:

2/17/2026

To:

Mayor and City Council

From:

Vicky Robrock

Title:

Director of Parking and Transportation

CC:

Kelly Hayworth, Ellen Habel, and Ann Hester

Re:

Replacement Fuel Management System

The Transit Department is requesting approval to purchase one GIR fuel management system
to replace the current system through the Sourcewell cooperative purchasing program, which
provides competitively solicitated contracts for government, education, and non-profit agencies
nationwide.
Recently the department’s fuel management system failed, the estimate to replace the two
required assembly boards is over $11,000.00. There is a limited warranty offered for the two
new boards. With that in mind and the annual fuel site module fee of $2148.00, the department
searched for additional options.
Taking into consideration the cost of the repair, the minimal warranty, and the annual cost of the
module, versus the cost of a new system and a significantly reduced annual module fee ($599),
it was determined replacing the system would be the best overall value for the City.
I would request your consideration to award the purchase and installation of a GIR fuel
management system to Acterra Group from Marion, IA not to exceed $15,521.61 purchased
from the Sourcewell cooperative purchasing program. Funding for this purchase will be from
capital reserves. Thank you for your consideration.

Page 1 of 1

PO Box 160
Marion, IA 52302-0160
t. 319.377.6357
f. 319.377.0075
[email protected]
www.acterragroup.com
REFERENCE NO: QTE-46625-B5Y4

Bill To CITY OF CORALVILLE TRANSIT & PARKING
900 10th STREET
CORALVILLE, IA., 52241

Date

Ship To

900 10th STREET
CORALVILLE, IA., 52241
Attention:
VICKY ROBROCK

February 12, 2026

Customer ID

17640

Terms

25% Down / Net 10 Days

Phone

319-248-1790

Quoted By

Charlie Marshburn

Email

[email protected]

Fax

SOURCEWELL PRICING

Salesperson ID

Brian Williams

In response to your request we are pleased to quote as follows:
SCOPE: This quote reflects Sourcewell Pricing, Sourcewell Customer Number will be needed upon acceptance of this quotation. Remove existing
Gasboy FuelgManagement System and Install a GIR Fuel Management
System.
p
y

Qy
ITEMS INCLUDED IN THIS GIR Fuel Management System with 30 Keyfobs, pedestal, tank monitor interface, and 1st yr. cloud service. Quote includes All labor, freight
PROPOSAL: and permitting.
ITEMS NOT INCLUDED IN Quote assumes that all electrical is in place and in good working order. If new electrical is needed, this will be charged on a change order
THIS PROPOSAL: basis. Quote does not allow for any concrete. Quote does not include any prevailing wages or bonding.
Qty

Part #

FUEL MANAGEMENT SYSTEM

Mfg Part #

Description

Qty

Part #

Mfg Part #

Qty
1
1
1
1
1
1
1
1
1
1

Part #
GIR010000
1310
1310
1310
1310
1310
1310
1310
GIR010030
GIR010070

Mfg Part #
nam_kit_gcaa

1
ACTERRA SERVICES

Qty

Part #

nam_asp_w150/sim
nam_tol_pds
nam_opt_gauge

Warranty

Description

Description
Base Kit # A - Terminal, Cellular Communications, Cloud W150, 1-Hose, 30 Fobs
Includes:
- GIR Prox Reader
- 30 GIR Prox Key fobs
- Terminal with top or wall-mount enclosure
- One Hose Controller
- Cloud W150 SaaS Software License
- GIR cloud services (12 months)
Pedestal For Gir Tip Terminal Enclosure
Veeder-Root Gauge Interface Option

Mfg Part #

Description

Labor to Complete Project

a
a

GIR Fuel Management System Retail = $6789.60
City of Coralville Sourcewell Pricing = $5878.69
Total Discount

Page #1

- $910.91

Fueling Equipment | Tank Manufacturing | Government Fuel Services

800.289.7371

a
a
a
a
a
a
a
a
a
a
a
a
a
a
a
a

0

TERMS: Standard payment terms are NET 10 DAYS unless other terms are
specified above. This sale is subject to the Standard Terms & Conditions
policy. A copy of the policy is available upon request. One and one-half (11/2%) per month finance charge will be due on all past-due balances.
Purchaser is required to pay all legal fees, court costs & expenses
required to collect the amount due hereafter. The prices, payment terms,
specifications and conditions of this proposal are satisfactory, and are
hereby accepted. Purchaser is responsible for all sales, use and
governmental taxes and charges, which are not included in the price
unless expressly stated. You are authorized to the work as specified.
Seller may revoke this proposal before acceptance.

PROJECT COST SUMMARY
TANK(S)
TANK ACCESSORIES
DEF TANK & ACCESSORIES
COMMERCIAL DISPENSERS
DISPENSER ACCESSORIES
FUEL MANAGEMENT SYSTEM
TANK MONITOR
SUBMERSIBLE PUMPS
ISLAND FORMS
CANOPY & LIGHTING
PIPE ACCESSORIES
Equipment Total
Install Labor, Materials and Freight Total
PROJECT TOTAL

QTE-46625-B5Y4

$

5,878.69
5,878.69
9,642.92
15,521.61
Plus Applicable Taxes

a

Page #2

Fueling Equipment | Tank Manufacturing | Government Fuel Services

800.289.7371

STANDARD TERMS AND CONDITIONS
FOR PROPOSALS, CONTRACTS, SALES & INVOICES
Unless the Proposal expressly provides otherwise, the manufacture, sale and shipment of goods and services provided hereunder are limited
to the terms and conditions stated below. Seller hereby objects to any additional or different terms proposed by Purchaser in any order,
acknowledgement or other document. Any such proposed terms shall be void and the terms herein shall constitute the complete and
exclusive statement of the terms and conditions of the contract between the parties.
1.

Applicability. The following Standard Terms and Conditions (the “Agreement”) for sale of
equipment, goods, product and material (collectively, “Goods”) and the provision of services
(“Services”) is applicable for all sales made by Acterra Group, LLC (Collectively, “Seller”).
Seller reserves the right to modify this Agreement from time to time without notice and any such
modification shall be effective for orders accepted after the effective date of the modification.

4.

Delivery; Shipment Terms; Freight Damage Claims.
a.

Shipping, installation and performance dates are approximate and are contingent on
vendor supply or Force Majeure (defined below) events. Seller will use reasonable effects
to meet dates agreed upon but shall not be liable for failure to meet deadlines.

2.

Acceptance of Proposal. The proposal (“Proposal”), when accepted by Purchaser as set forth
herein, will constitute a binding contract between the parties, subject to the terms and conditions
of this Agreement and the approval of Seller’s credit manager. Delivery or installation of
Product, Purchaser’s oral or written acceptance, Purchaser’s full or partial payment of the
Contract price or the issuance of an invoice by Purchaser for the Proposal, constitutes binding
acceptance by Purchaser of the Proposal and this Agreement (collectively, the “Contract”).

b.

The shipping terms, unless otherwise stated, are FOB Origin Freight Prepaid and Add.
Upon the earlier of delivery to a common carrier or receipt by Purchaser title and risk of
loss (including transportation delays and losses) passes to Purchaser, and Purchaser shall
be liable to Seller for the full price of the Goods. Delivery to Seller’s plant for purposes
of convenience, coordination or price protection shall be considered “delivery” for
invoice purposes.

3.

Prices; Terms of Sale; Credit.

c.

If any damage is evident upon delivery, Purchaser must make a notation on the freight
bill of lading and have the carrier’s agent sign for claim record purposes and immediately
notify Seller. Purchaser assumes all responsibility to file a claim with the carrier. Any
claim for nonconformity, shortages and hidden defects or damage to Goods must be
reported to Seller in writing and to carrier within 30 days of delivery and the failure to
report the same shall constitute irrevocable acceptance of the Goods. Unless otherwise
stated, the Contract price does not include the cost of unloading, which is Purchaser’s
sole responsibility.

d.

Seller cannot be held financially responsible for any transportation delays due to
permitting, route changes, weather delays, construction delays, breakdowns, accidents or
other events beyond our control.

a.

Any oral pronouncement of a price is not binding until Seller issues a written Proposal.
All prices are quoted in good faith; however, from time to time, manufacturers or
suppliers may change prices without notice prior to shipment, which results in an
incorrect price quote, or applicable taxes may increase, in which case any price or tax
increase may be added to Purchaser’s prices.

b.

Subject to paragraph 3a, all quotes are good for 30 days, unless noted otherwise. If a
Contract cannot be completed within a period of 60 days, from the date of execution,
Seller reserves the right to modify the pricing as a result of vendor price increases and
any applicable markup. All tank prices are valid for fifteen (15) days after the date of the
Quotation; provided, however, that all prices are subject to change due to fluctuation in
material or component prices.

c.

d.

e.

Unless otherwise stated on the Proposal or any Seller invoice, all amounts are due 10
days from the date of the invoice. Any amount not paid when due shall accrue interest at
the lesser of 1½% per month or the highest rate allowed by law. All payments shall be
made at the office of Seller set forth below unless otherwise stated on the Proposal.
Notwithstanding any other provision hereof or on any invoice, Seller has the right to
require a deposit, total prepayment or irrevocable letter of credit for the Contract price. If
payment is not made when due, Seller reserves the right to demand immediate payment
in full for all outstanding invoices and work-in-process.
All credits and terms of sale are subject to approval by Seller’s Main Office at the time of
Purchaser acceptance and are subject to review and approval during the life of any
Contract exceeding three (3) months in length. Payment plans, in Seller’s discretion, may
be arranged only with advance written approval by Seller’s Main Office. Seller may
revoke any credit extended to Purchaser because of its past delinquency or where Seller
deems itself insecure. Purchaser shall be liable for and reimburse Seller for all costs of
collection, including reasonable attorneys’ fees and court costs, whether or not a legal
action is filed.
Delivery of Goods to Seller’s plant for purpose of convenience or coordination shall be
considered “delivery” for billing purposes. If a delay in shipment of Goods or
performance of Services is requested by Purchaser, Seller shall have the right to invoice
the Goods which have been identified to the Contract and all Services performed to date;
and if shipment is delayed for more than 60 days at the request of Purchaser, Seller shall
have the right to charge a reasonable fee for the storage of such Goods. Seller reserves the
right to make delivery in two (2) or more lots and Seller may invoice for each delivery
separately.

f.

A down payment of a minimum of ten percent (10%) of the contract price along with
required information from the Purchaser’s financial institution will be considered
acceptance of the terms and conditions. This down payment will be considered payment
of the last percentage of the project billing with progressive billing for the remaining
contract.

g.

Progressive billings shall be made not to exceed labor, equipment, and services to date.
Delivery to our plant for purpose of convenience or coordination shall be considered
“delivery” for billing purposes.

h.

Purchaser shall be solely responsible for and shall pay all applicable sales, use, excise,
governmental surcharge and other taxes (including penalties and interest) levied in
connection with this Contract. The Contract price does not include any applicable taxes
except as specified and Seller may invoice for the same by a subsequent or supplemental
invoice. If Purchaser is exempt from sales tax, it must provide Seller a current copy of its
“Sales Tax “Exemption Certificate” as proof of tax exemption status with the respective
State in which the sale is made.

i.

Purchaser hereby grants to Seller a purchase money security interest in the Goods,
including the proceeds there from, for the purpose of securing Purchaser’s obligation to
make payment in full, until payment is received in full in cash or collected funds, at
which time the security interest shall cease. Seller may, at its option, enter Purchaser’s
premises, which Purchaser agrees is not a breach of peace, and repossess the Goods upon
payment default. Repossession shall not relieve Purchaser of obligation to make full
payment. If Services are to be performed on property not owned by Purchaser, upon
Seller’s request, Purchaser shall provide a Landlord’s Waiver in a form acceptable to
Seller. This means the seller, during course of payments, owns the property.

5.

Limited Warranty; Limitation of Liability; Indemnity; Insurance.
a.

Seller does not offer or extend warranties to any Goods. The Goods may be subject to a
warranty by the manufacturer which Seller hereby assigns to Purchaser. Purchaser shall
assume responsibility to register for any applicable warranty.

b.

For 365 days from completion of the Services, Seller warrants that the Services shall
conform to the Proposal, be performed in a workmanlike manner consistent with industry
standards and be free from defects in workmanship, unless otherwise required by
applicable law. However, if during the warranty period there is a breach of this limited
warranty, Seller’s maximum liability and Purchaser’s sole remedy is limited to the cost of
repair or replacement of such Services and any Goods affected thereby, provided that
Seller deems the defect to be a breach of this warranty and is given the option of
performing such repair or replacement work.

c.

The limited warranty set forth herein shall be null and void in the event that (I) the
Purchaser or a third party performs remedial or subsequent work on the Goods or
Services or improper installation by Purchaser or its agents; (ii) the Goods malfunction or
other problems result, directly or indirectly, from an accident (not caused by Seller); (iii)
there is improper operation of or inadequate maintenance of the Goods or a failure to
properly protect the Goods against environmental hazards; or (iv) Purchaser fails to
comply with the applicable warranty procedures. Some scratching and/or paint scarring
may occur to painted or coated surfaces during loading, shipment and/or unloading. Field
touch up paint and labor is to be by others, not by Seller.

d.

The limited warranty set forth herein is the exclusive warranty for the goods and services
and there is no other warranty, express or implied, and seller hereby expressly disclaims
any and all other warranties, including the implied warranties of merchantability, fitness
for a particular purpose and non-infringement. Any warranty provided hereunder shall not
extend beyond the description of goods sold as shown on the proposal. Normal in-service
wear and tear to goods is not covered by this warranty. No employee or representative of
seller is authorized to change or enlarge this warranty in any way.

e.

In no event shall seller have any liability or responsibility to purchaser or any other
person or entity for any indirect, incidental, consequential, special or punitive damages,
including but not limited to, lost profits, use of the goods, interruption in use or
availability of goods, down time, stoppage of other work or impairment of other assets, or
clean-up expenses or related costs associated with any petroleum product spills or leaks
or any other damage or claim related to the use of the goods or any damage to equipment
not serviced, repaired, or installed by seller, arising out of any breach or failure of any
express warranty, breach of contract, misrepresentation, negligence, product liability,
strict liability in tort or otherwise, including any latent or patent defects, except only in
the case of death or personal injury where and to the extent that applicable law requires
such liability. In no event will the aggregate liability incurred by seller in any action or
proceeding, exceed the greater of $500 or 1% of the total amount actually paid to seller
by purchaser for the purchase of the goods or services that actually caused the damage or
loss. In the event that purchaser wants to waive this limitation of paid for the goods or
services that caused the loss or damage, such waiver must be specifically stated on the
proposal and purchaser shall pay additional consideration in the amount of 5% or $5000
of the total contract price, whichever is greater. In addition, in no event shall seller be
liable to purchaser for any losses, damages, claims, costs or expenses, including
attorneys’ fees, arising from or related to any leak or spill of petroleum products or any
hazardous material (as defined under any applicable federal, state or local statute,
regulation or the like) or the failure of purchaser to properly dispose of petroleum product
or any hazardous material. Notwithstanding anything to the contrary herein, the seller
shall not be responsible for any damages resulting from the negligence of the purchaser

STANDARD TERMS AND CONDITIONS
FOR PROPOSALS, CONTRACTS, SALES & INVOICES
and the failure of the purchaser to monitor the operation of the goods on a regular basis in
accordance with any regulations of the state in which the installation is located or any
other federal, state or local statute, ordinance or regulation regarding the use and
operation of the goods.
f.

g.

h.

i.

6.

8.

Manufacturer Information. Seller will provide manufacturer’s product information and
installation instructions for informational purposes only. Seller has not verified the information
for accuracy and makes no representations regarding such information.

9.

Installation Considerations.

Purchaser shall defend, indemnify and hold Seller, its directors, officers, employees and
agents harmless from and against any and all Claims asserted against Seller by Purchaser
or any third party relating to or arising out of (I) personal injury or death, property
damage, or pollution or environmental damage or cleanup, or hazardous material spill or
cleanup, except to the extent that any of the foregoing is proven to have been caused
solely by Seller’s negligence; (ii) failure to pay required taxes other than taxes on Seller’s
income if such taxes are to be paid by Purchaser directly or reliance upon an invalid
Certificate of Tax exemption; (iii) reliance upon Seller’s representative’s representations
concerning sales, engineering or application information; (iv) Purchaser’s failure to
comply with any federal, state or local statutes or regulations, including environmental
requirements, rules and regulations, including those regarding notice; or (v) encountering,
damaging or destroying any underground structures, cables, conduits, debris, rock, water,
utilities, or running sand during the performance of the Services, except as a result of
Seller’s gross negligence. Where a penalty, fine or claim for pollution damage or cleanup
is made against the Seller in connection with installation of Goods, Purchaser agrees to
hold Seller harmless from and defend and indemnify it against same.
Purchaser shall defend, indemnify, and hold Seller, its directors, officers, employees and
agents harmless from and against any and all Claims arising out of or related to
infringement of any patent, trade secrets, copyrights, trade names, and/or trademarks with
respect to Goods manufactured, either in whole or part, to Purchaser’s specifications.
Unless otherwise specified, Purchaser shall maintain general liability coverage,
completed operations and builders’ all risk insurance, and shall meet financial
responsibility to protect against Claims that may arise under this Contract. Unless
otherwise specified, Seller shall not be required to obtain fidelity or surety bonds,
however if required, the cost of any such bonds shall be added to the Contract price.

Cancellation and Return of Goods.
a.

7.

Seller does not assume any liability and Purchaser agrees to defend, indemnify and hold
Seller harmless from and against any and all claims, suits, allegations, judgments,
actions, liabilities, losses, damages, costs and expenses, including reasonable attorneys’
fees (collectively, “Claims”) arising out of or related to tank(s) that emerge from their set
position and/or are lost after installation due to improper ballasting, ground water, high
water tables, or hydrostatic pressure, unless proper anchorage is provided for under the
Proposal. Purchaser shall at all times provide adequate ballast.

Seller be liable for any pollution or contamination occurring through no fault of the
Seller. Under applicable regulations, the Purchaser and/or operator of an underground
storage tank system must report any suspected contamination within 24 hours and follow
specified procedures relating to release, investigation and confirmation.

Purchaser may cancel the Contract only upon written approval of Seller and provided that
Purchaser pays the freight charges and Seller’s reasonable cancellation and restocking
charges (based in part on manufacturer’s charges). Written authorization is required prior
to returning any Goods. Purchaser is responsible for return freight. No Goods will be
accepted for credit without Seller’s written authorization. At the option of Seller, return of
Goods without prior authorization will result in Goods remaining the property of the
Purchaser, and such Goods will be stored at Purchaser’s risk and expense. Returned
Goods are subject to a handling charge, however no credit will be issued to Purchaser
until credit from the manufacturer is received.

b.

Cancellation and return charges shall be 15% of the then current sell price of normally
stocked items and 25% on non- stock items or the manufacturer’s restocking charge plus
a reasonable handling fee, whichever is greater.

c.

Upon advance written approval of Seller, custom orders may be cancelled or returned but
will incur higher cancellation/restocking charges than normally stocked and non- stock
items which shall be determined in the sole discretion of Seller.

a.

Quotations for digging and excavating are based on normal soil conditions. Should any
digging or excavating be included in this Proposal, and if any heavy rock, shale, water,
frost, sewer lines, water lines, bed rock, electrical conduit or unstable soil conditions be
encountered, the cost shall be increased at the Seller’s normal hourly rate except that any
outside contract work required shall be charged at the Seller’s cost plus its customary
administrative charge. In the event of cave-ins, and the necessity to shore or slope the
hole, all associated costs for the removal of the excess soil shall be borne by the
Purchaser. Finished grades are to be established and verified by the Purchaser.

b.

The Purchaser will be responsible for filling all underground storage tanks with liquid
ballast after the tank(s) is installed and backfilled to the top of tank. All costs of filling the
underground storage tanks with either water or product ballast, shall be borne by the
Purchaser. The Seller shall notify the Purchaser when product and/or ballast will be
needed. The Seller shall not be responsible for the contamination or loss of product used
for ballast under any circumstance. In the event any tank should float, the Seller shall
have no liability with respect to resetting the tank and any and all expenses for
equipment, labor, materials and sub-contractors to reinstall tanks or to clean up
contamination or pollution shall be borne by the Purchaser. Removal of ballast from tanks
shall be at the expense of the Purchaser unless otherwise specified herein. Owner shall be
responsible for keeping accurate daily inventory records of all products used for ballast
and must notify the Seller immediately if shortage occurs.

c.

Seller shall be held harmless for all Force Majeure events that may affect the Goods or
Services and the installation quality and completion. All additional expenses for
equipment, labor and materials to correct any and all damages from Force Majeure events
shall be the sole responsibility of the Purchaser.

d.

Except as otherwise specifically stated, winter working conditions, electrical, concrete,
asphalt, water and sewer or site restoration work is not included in the Proposal.

e.

The Purchaser or its agent will clearly identify to the Seller the location of all boundary
lines with respect to the Proposal. If the Purchaser or its agents are incorrect in
identifying the applicable boundary lines which results in additional expenses to be
incurred by the Seller for relocating or duplicating completed work, any and all additional
expense will be borne by the Purchaser.

f.

If the Proposal includes use of or connection to used equipment or piping, the Contract
price shall be increased for all additional costs or expenses that arise where the used
equipment or piping is not fit for the intended application. In the event such items cannot
be used, the Seller shall notify the Purchaser upon discovery and provide a nonbinding
estimate of additional costs required to complete the Services.

g.

The Purchaser will provide, at its expense, electrical power at the job site for use by the
Seller.

h.

Seller uses non-union labor. If union labor is required, the difference between the cost of
non-union and union labor will be added to the Contract price.

i.

Prior to any tank removal, the Purchaser shall have all product removed from the tank. In
the event there is any liquid/sludge in a tank at the time of removal, the Seller may
arrange for liquid/sludge removal at the Purchaser’s expense without notice to Purchaser.

Governmental Compliance.
a.

Seller does not accept any responsibility for any new laws and regulations not in effect as
of the date of this Contract, even if imposed retroactively at a later date by any
governmental body.

b.

Environmental compliance is Purchaser’s responsibility. Its failure to comply strictly with
applicable federal, state or local requirements, rules and/or regulations (including but not
limited to those applicable to notice) will completely void all express or implied
warranties of Seller. It is Purchaser’s responsibility to report any inventory shortage or
suspected releases to federal, state and all other authorities having jurisdiction and to
Seller or a certified tank handler within 24 hours of occurrence. Unless otherwise
specified herein, Purchaser or its agent shall furnish state fire marshal’s permit, if
required, and all other permits, licenses, inspections fees or approvals, whether required
by federal, state or local regulations. Purchaser shall register all new or replacement
regulated storage tanks in accordance with applicable state and local regulations.
Purchaser represents and warrants that no consent, approval, or authorization, declaration
or filing with any third party or governmental agency is required in connection with the
performance of the Purchaser’s obligations hereunder or to permit Seller to perform its
obligations hereunder, other than those approvals that have been previously obtained by
Purchaser.

c.

Unless otherwise stated, the Proposal does not include any removal or disposal of
contaminated soil from the underground storage tanks and piping, however, a
hydrocarbon test, as required by law, will be conducted. If soil is contaminated, Purchaser
shall be notified, and the parties shall agree on a supplemental fee for the clean-up,
removal and disposal of contaminated soil. Should the Contract be terminated as a result
of contamination, Seller shall be paid for all Goods and Services to date. In no event shall
Seller be responsible or liable for pre- existing pollution or contamination nor shall the

10.

Testing. Unless otherwise specified herein, Seller shall perform all testing required by
governmental regulations concerning the installation of Goods (but not including product
testing). Any other required testing shall be the sole responsibility of Purchaser. All costs to
perform required tests shall be directly paid by or invoiced to Purchaser.

11.

Hardware/Software Compatibility. Seller assumes that any fueling system hardware and
software supplied by Purchaser is inherently compatible and requires only routine start-up and
programming. If upon start-up it is discovered that the hardware and/or software is not
compatible or has innate deficiencies that require additional configuration or upgrading, Seller
shall have no liability for any delays in completion of the Services and shall be entitled to full
payment of the Contract price per the Contract payment terms.

12.

Administrative Provisions.
a.

Changes. This Contract may be amended at the request of either party from time to time
by written Change Order signed by both parties, setting forth the particular changes to be
made and the effect of such changes on the price and on the time of completion. All
requested changes are subject to mutual consent.

b.

Recordkeeping. Purchaser is responsible for keeping daily accurate inventory records on
products stored in tanks, lines, and dispensing equipment. In the event of a shortage
within 30 days from date of installation, Purchaser shall immediately notify Seller,
however, Seller shall not be responsible for shortages, clean-up or related costs incurred
prior to notification. Notification must be made by telephone contact, immediately
followed by written confirmation.

c.

Recording. Seller may take photographs & video of all aspects of the Services.

STANDARD TERMS AND CONDITIONS
FOR PROPOSALS, CONTRACTS, SALES & INVOICES
d.

Unintentional Errors. Seller reserves the right to revise or withdraw any quotation,
proposal or bid if a mathematical, grammatical or clerical error is found that will impact
the outcome of the original intent of the document. Such errors will be brought to the
attention of the Purchaser and a revised document will be established and authorized by
both parties prior to any work commencing.

13.

Notice of Lien Rights. TO PROTECT ALL PARTIES, A MECHANICS LIEN WILL BE
AUTOMATICALLY FILED WHERE PAYMENT IS NOT RECEIVED ACCORDING
TO THE TERMS OF THIS AGREEMENT. SELLER HEREBY NOTIFIES
PURCHASER THAT PERSONS OR COMPANIES FURNISHING LABOR OR
MATERIALS FOR THE CONSTRUCTION ON PURCHASER’S LAND MAY HAVE
LIEN RIGHTS ON THE LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED
TO LIEN RIGHTS IN ADDITION TO SELLER ARE THOSE WHO CONTRACT
DIRECTLY WITH PURCHASER OR THOSE WHO GIVE PURCHASER NOTICE
WITHIN 60 DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR
THE CONSTRUCTION. ACCORDINGLY, PURCHASER MAY RECEIVE NOTICE
FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR CONSTRUCTION
AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO ITS MORTGAGE
LENDER, IF ANY. SELLER AGREES TO COOPERATE WITH PURCHASER AND
ITS LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE
DULY PAID.

14.

Force Majeure. Seller shall not be in default of the Contract or liable to Purchaser for any
delay or default in performance, in whole or in part, where the failure to perform is
beyond it’s reasonable control, including but not limited to the following circumstances
or causes: any act or failure to act by the Purchaser, Acts of God, freezing, wind storms,
electrical strikes, fire, frost, flood, telecommunications failure, labor difficulties, failure
in transportation, shortages of materials, public enemy, government interference,
mechanical or electronic equipment failure, third party acts, third party failure to act,
terrorism, acts of war, civil disturbance, or any other cause which is beyond reasonable
control of Seller and not contemplated herein (collectively, “Force Majeure”). The date of
performance for Seller shall be extended for a period equal to the time lost by reason of
any delay arising indirectly or directly from any Force Majeure.

15.

Miscellaneous. The parties agree that they are, and shall remain, separate entities and that
no partnership, joint venture or agency relationship shall be actually or constructively
created under this Agreement. Seller is providing Services as an independent contractor.
Seller does not undertake by this Agreement or otherwise to perform any obligations of
Purchaser, whether regulatory or contractual, or to assume any responsibility for
Purchaser’s business or operations. Purchaser may not assign this Contract without the
prior written consent of Seller. Purchaser agrees that the terms and conditions contained
herein constitute the entire understanding and agreement between the parties and is
intended as the complete and final expression of their agreement for the sale of Goods
and provision of Services. It shall not be modified or amended except in writing and
signed by officers of each party. Purchaser also agrees that the terms and conditions
contained herein supersede any terms and conditions within any purchase order or other
document Purchaser may issue. If any provision of this Agreement is determined to be
void, invalid or unenforceable, the remainder shall be unaffected and shall be enforceable
as if the void, invalid or unenforceable part was not a provision of the Agreement. The
waiver by either party of a breach of any provision of this Agreement shall not operate or
be construed as a waiver of any subsequent breach. Headings of sections are for
convenience only and have no substantive effect. This Agreement shall be governed in
accordance with the substantive and procedural laws of the State of Iowa without regard
to its conflicts of law provisions. All disputes arising hereunder shall be brought in the
state or federal courts having jurisdiction in Linn County, Iowa and the parties hereto
consent to the jurisdiction of such courts, agree to accept service of process by mail, and
hereby waive any jurisdictional or venue defenses otherwise available to it. Further,
Purchaser hereby waives any right to a trial by jury.

16.

Mandatory Mediation. ANY DISPUTE INVOLVING THE ENFORCEMENT OR
INTERPRETATION OF THIS CONTRACT IS SUBJECT TO MANDATORY, NONBINDING MEDIATION UNDER THE CONSTRUCTION INDUSTRY MEDIATION
RULES OF THE AMERICAN ARBITRATION ASSOCIATION, THE COST OF
WHICH IS TO BE BORNE BY THE PARTIES EQUALLY, PRIOR TO EITHER
PARTY HAVING THE RIGHT TO FILE A LEGAL ACTION, EXCEPT WHERE
TEMPORARY INJUNCTIVE RELIEF IS SOUGHT. MEDIATION SHALL TAKE
PLACE IN LINN COUNTY, IOWA.

To accept this Proposal and the terms and conditions set forth above, please sign one copy and return it to
us. Upon acceptance by us, this Proposal, along with the terms and conditions above, become a binding
contract.
I (we) accept the Proposal and the terms and conditions stated above on this date:

Date

Acterra Group reference no.:
For:

Acterra Group, LLC

Authorized Signature

Authorized Signature

Written Name & Title

Written Name & Title

STANDARD TERMS AND CONDITIONS
FOR PROPOSALS, CONTRACTS, SALES & INVOICES
Unless the Proposal expressly provides otherwise, the manufacture, sale and shipment of goods and services provided hereunder are limited
to the terms and conditions stated below. Seller hereby objects to any additional or different terms proposed by Purchaser in any order,
acknowledgement or other document. Any such proposed terms shall be void and the terms herein shall constitute the complete and
exclusive statement of the terms and conditions of the contract between the parties.
1.

Applicability. The following Standard Terms and Conditions (the “Agreement”) for sale of
equipment, goods, product and material (collectively, “Goods”) and the provision of services
(“Services”) is applicable for all sales made by Acterra Group, LLC (Collectively, “Seller”).
Seller reserves the right to modify this Agreement from time to time without notice and any such
modification shall be effective for orders accepted after the effective date of the modification.

4.

Delivery; Shipment Terms; Freight Damage Claims.
a.

Shipping, installation and performance dates are approximate and are contingent on
vendor supply or Force Majeure (defined below) events. Seller will use reasonable effects
to meet dates agreed upon but shall not be liable for failure to meet deadlines.

2.

Acceptance of Proposal. The proposal (“Proposal”), when accepted by Purchaser as set forth
herein, will constitute a binding contract between the parties, subject to the terms and conditions
of this Agreement and the approval of Seller’s credit manager. Delivery or installation of
Product, Purchaser’s oral or written acceptance, Purchaser’s full or partial payment of the
Contract price or the issuance of an invoice by Purchaser for the Proposal, constitutes binding
acceptance by Purchaser of the Proposal and this Agreement (collectively, the “Contract”).

b.

The shipping terms, unless otherwise stated, are FOB Origin Freight Prepaid and Add.
Upon the earlier of delivery to a common carrier or receipt by Purchaser title and risk of
loss (including transportation delays and losses) passes to Purchaser, and Purchaser shall
be liable to Seller for the full price of the Goods. Delivery to Seller’s plant for purposes
of convenience, coordination or price protection shall be considered “delivery” for
invoice purposes.

3.

Prices; Terms of Sale; Credit.

c.

If any damage is evident upon delivery, Purchaser must make a notation on the freight
bill of lading and have the carrier’s agent sign for claim record purposes and immediately
notify Seller. Purchaser assumes all responsibility to file a claim with the carrier. Any
claim for nonconformity, shortages and hidden defects or damage to Goods must be
reported to Seller in writing and to carrier within 30 days of delivery and the failure to
report the same shall constitute irrevocable acceptance of the Goods. Unless otherwise
stated, the Contract price does not include the cost of unloading, which is Purchaser’s
sole responsibility.

d.

Seller cannot be held financially responsible for any transportation delays due to
permitting, route changes, weather delays, construction delays, breakdowns, accidents or
other events beyond our control.

a.

Any oral pronouncement of a price is not binding until Seller issues a written Proposal.
All prices are quoted in good faith; however, from time to time, manufacturers or
suppliers may change prices without notice prior to shipment, which results in an
incorrect price quote, or applicable taxes may increase, in which case any price or tax
increase may be added to Purchaser’s prices.

b.

Subject to paragraph 3a, all quotes are good for 30 days, unless noted otherwise. If a
Contract cannot be completed within a period of 60 days, from the date of execution,
Seller reserves the right to modify the pricing as a result of vendor price increases and
any applicable markup. All tank prices are valid for fifteen (15) days after the date of the
Quotation; provided, however, that all prices are subject to change due to fluctuation in
material or component prices.

c.

d.

e.

Unless otherwise stated on the Proposal or any Seller invoice, all amounts are due 10
days from the date of the invoice. Any amount not paid when due shall accrue interest at
the lesser of 1½% per month or the highest rate allowed by law. All payments shall be
made at the office of Seller set forth below unless otherwise stated on the Proposal.
Notwithstanding any other provision hereof or on any invoice, Seller has the right to
require a deposit, total prepayment or irrevocable letter of credit for the Contract price. If
payment is not made when due, Seller reserves the right to demand immediate payment
in full for all outstanding invoices and work-in-process.
All credits and terms of sale are subject to approval by Seller’s Main Office at the time of
Purchaser acceptance and are subject to review and approval during the life of any
Contract exceeding three (3) months in length. Payment plans, in Seller’s discretion, may
be arranged only with advance written approval by Seller’s Main Office. Seller may
revoke any credit extended to Purchaser because of its past delinquency or where Seller
deems itself insecure. Purchaser shall be liable for and reimburse Seller for all costs of
collection, including reasonable attorneys’ fees and court costs, whether or not a legal
action is filed.
Delivery of Goods to Seller’s plant for purpose of convenience or coordination shall be
considered “delivery” for billing purposes. If a delay in shipment of Goods or
performance of Services is requested by Purchaser, Seller shall have the right to invoice
the Goods which have been identified to the Contract and all Services performed to date;
and if shipment is delayed for more than 60 days at the request of Purchaser, Seller shall
have the right to charge a reasonable fee for the storage of such Goods. Seller reserves the
right to make delivery in two (2) or more lots and Seller may invoice for each delivery
separately.

f.

A down payment of a minimum of ten percent (10%) of the contract price along with
required information from the Purchaser’s financial institution will be considered
acceptance of the terms and conditions. This down payment will be considered payment
of the last percentage of the project billing with progressive billing for the remaining
contract.

g.

Progressive billings shall be made not to exceed labor, equipment, and services to date.
Delivery to our plant for purpose of convenience or coordination shall be considered
“delivery” for billing purposes.

h.

Purchaser shall be solely responsible for and shall pay all applicable sales, use, excise,
governmental surcharge and other taxes (including penalties and interest) levied in
connection with this Contract. The Contract price does not include any applicable taxes
except as specified and Seller may invoice for the same by a subsequent or supplemental
invoice. If Purchaser is exempt from sales tax, it must provide Seller a current copy of its
“Sales Tax “Exemption Certificate” as proof of tax exemption status with the respective
State in which the sale is made.

i.

Purchaser hereby grants to Seller a purchase money security interest in the Goods,
including the proceeds there from, for the purpose of securing Purchaser’s obligation to
make payment in full, until payment is received in full in cash or collected funds, at
which time the security interest shall cease. Seller may, at its option, enter Purchaser’s
premises, which Purchaser agrees is not a breach of peace, and repossess the Goods upon
payment default. Repossession shall not relieve Purchaser of obligation to make full
payment. If Services are to be performed on property not owned by Purchaser, upon
Seller’s request, Purchaser shall provide a Landlord’s Waiver in a form acceptable to
Seller. This means the seller, during course of payments, owns the property.

5.

Limited Warranty; Limitation of Liability; Indemnity; Insurance.
a.

Seller does not offer or extend warranties to any Goods. The Goods may be subject to a
warranty by the manufacturer which Seller hereby assigns to Purchaser. Purchaser shall
assume responsibility to register for any applicable warranty.

b.

For 365 days from completion of the Services, Seller warrants that the Services shall
conform to the Proposal, be performed in a workmanlike manner consistent with industry
standards and be free from defects in workmanship, unless otherwise required by
applicable law. However, if during the warranty period there is a breach of this limited
warranty, Seller’s maximum liability and Purchaser’s sole remedy is limited to the cost of
repair or replacement of such Services and any Goods affected thereby, provided that
Seller deems the defect to be a breach of this warranty and is given the option of
performing such repair or replacement work.

c.

The limited warranty set forth herein shall be null and void in the event that (I) the
Purchaser or a third party performs remedial or subsequent work on the Goods or
Services or improper installation by Purchaser or its agents; (ii) the Goods malfunction or
other problems result, directly or indirectly, from an accident (not caused by Seller); (iii)
there is improper operation of or inadequate maintenance of the Goods or a failure to
properly protect the Goods against environmental hazards; or (iv) Purchaser fails to
comply with the applicable warranty procedures. Some scratching and/or paint scarring
may occur to painted or coated surfaces during loading, shipment and/or unloading. Field
touch up paint and labor is to be by others, not by Seller.

d.

The limited warranty set forth herein is the exclusive warranty for the goods and services
and there is no other warranty, express or implied, and seller hereby expressly disclaims
any and all other warranties, including the implied warranties of merchantability, fitness
for a particular purpose and non-infringement. Any warranty provided hereunder shall not
extend beyond the description of goods sold as shown on the proposal. Normal in-service
wear and tear to goods is not covered by this warranty. No employee or representative of
seller is authorized to change or enlarge this warranty in any way.

e.

In no event shall seller have any liability or responsibility to purchaser or any other
person or entity for any indirect, incidental, consequential, special or punitive damages,
including but not limited to, lost profits, use of the goods, interruption in use or
availability of goods, down time, stoppage of other work or impairment of other assets, or
clean-up expenses or related costs associated with any petroleum product spills or leaks
or any other damage or claim related to the use of the goods or any damage to equipment
not serviced, repaired, or installed by seller, arising out of any breach or failure of any
express warranty, breach of contract, misrepresentation, negligence, product liability,
strict liability in tort or otherwise, including any latent or patent defects, except only in
the case of death or personal injury where and to the extent that applicable law requires
such liability. In no event will the aggregate liability incurred by seller in any action or
proceeding, exceed the greater of $500 or 1% of the total amount actually paid to seller
by purchaser for the purchase of the goods or services that actually caused the damage or
loss. In the event that purchaser wants to waive this limitation of paid for the goods or
services that caused the loss or damage, such waiver must be specifically stated on the
proposal and purchaser shall pay additional consideration in the amount of 5% or $5000
of the total contract price, whichever is greater. In addition, in no event shall seller be
liable to purchaser for any losses, damages, claims, costs or expenses, including
attorneys’ fees, arising from or related to any leak or spill of petroleum products or any
hazardous material (as defined under any applicable federal, state or local statute,
regulation or the like) or the failure of purchaser to properly dispose of petroleum product
or any hazardous material. Notwithstanding anything to the contrary herein, the seller
shall not be responsible for any damages resulting from the negligence of the purchaser

STANDARD TERMS AND CONDITIONS
FOR PROPOSALS, CONTRACTS, SALES & INVOICES
and the failure of the purchaser to monitor the operation of the goods on a regular basis in
accordance with any regulations of the state in which the installation is located or any
other federal, state or local statute, ordinance or regulation regarding the use and
operation of the goods.
f.

g.

h.

i.

6.

8.

Manufacturer Information. Seller will provide manufacturer’s product information and
installation instructions for informational purposes only. Seller has not verified the information
for accuracy and makes no representations regarding such information.

9.

Installation Considerations.

Purchaser shall defend, indemnify and hold Seller, its directors, officers, employees and
agents harmless from and against any and all Claims asserted against Seller by Purchaser
or any third party relating to or arising out of (I) personal injury or death, property
damage, or pollution or environmental damage or cleanup, or hazardous material spill or
cleanup, except to the extent that any of the foregoing is proven to have been caused
solely by Seller’s negligence; (ii) failure to pay required taxes other than taxes on Seller’s
income if such taxes are to be paid by Purchaser directly or reliance upon an invalid
Certificate of Tax exemption; (iii) reliance upon Seller’s representative’s representations
concerning sales, engineering or application information; (iv) Purchaser’s failure to
comply with any federal, state or local statutes or regulations, including environmental
requirements, rules and regulations, including those regarding notice; or (v) encountering,
damaging or destroying any underground structures, cables, conduits, debris, rock, water,
utilities, or running sand during the performance of the Services, except as a result of
Seller’s gross negligence. Where a penalty, fine or claim for pollution damage or cleanup
is made against the Seller in connection with installation of Goods, Purchaser agrees to
hold Seller harmless from and defend and indemnify it against same.
Purchaser shall defend, indemnify, and hold Seller, its directors, officers, employees and
agents harmless from and against any and all Claims arising out of or related to
infringement of any patent, trade secrets, copyrights, trade names, and/or trademarks with
respect to Goods manufactured, either in whole or part, to Purchaser’s specifications.
Unless otherwise specified, Purchaser shall maintain general liability coverage,
completed operations and builders’ all risk insurance, and shall meet financial
responsibility to protect against Claims that may arise under this Contract. Unless
otherwise specified, Seller shall not be required to obtain fidelity or surety bonds,
however if required, the cost of any such bonds shall be added to the Contract price.

Cancellation and Return of Goods.
a.

7.

Seller does not assume any liability and Purchaser agrees to defend, indemnify and hold
Seller harmless from and against any and all claims, suits, allegations, judgments,
actions, liabilities, losses, damages, costs and expenses, including reasonable attorneys’
fees (collectively, “Claims”) arising out of or related to tank(s) that emerge from their set
position and/or are lost after installation due to improper ballasting, ground water, high
water tables, or hydrostatic pressure, unless proper anchorage is provided for under the
Proposal. Purchaser shall at all times provide adequate ballast.

Seller be liable for any pollution or contamination occurring through no fault of the
Seller. Under applicable regulations, the Purchaser and/or operator of an underground
storage tank system must report any suspected contamination within 24 hours and follow
specified procedures relating to release, investigation and confirmation.

Purchaser may cancel the Contract only upon written approval of Seller and provided that
Purchaser pays the freight charges and Seller’s reasonable cancellation and restocking
charges (based in part on manufacturer’s charges). Written authorization is required prior
to returning any Goods. Purchaser is responsible for return freight. No Goods will be
accepted for credit without Seller’s written authorization. At the option of Seller, return of
Goods without prior authorization will result in Goods remaining the property of the
Purchaser, and such Goods will be stored at Purchaser’s risk and expense. Returned
Goods are subject to a handling charge, however no credit will be issued to Purchaser
until credit from the manufacturer is received.

b.

Cancellation and return charges shall be 15% of the then current sell price of normally
stocked items and 25% on non- stock items or the manufacturer’s restocking charge plus
a reasonable handling fee, whichever is greater.

c.

Upon advance written approval of Seller, custom orders may be cancelled or returned but
will incur higher cancellation/restocking charges than normally stocked and non- stock
items which shall be determined in the sole discretion of Seller.

a.

Quotations for digging and excavating are based on normal soil conditions. Should any
digging or excavating be included in this Proposal, and if any heavy rock, shale, water,
frost, sewer lines, water lines, bed rock, electrical conduit or unstable soil conditions be
encountered, the cost shall be increased at the Seller’s normal hourly rate except that any
outside contract work required shall be charged at the Seller’s cost plus its customary
administrative charge. In the event of cave-ins, and the necessity to shore or slope the
hole, all associated costs for the removal of the excess soil shall be borne by the
Purchaser. Finished grades are to be established and verified by the Purchaser.

b.

The Purchaser will be responsible for filling all underground storage tanks with liquid
ballast after the tank(s) is installed and backfilled to the top of tank. All costs of filling the
underground storage tanks with either water or product ballast, shall be borne by the
Purchaser. The Seller shall notify the Purchaser when product and/or ballast will be
needed. The Seller shall not be responsible for the contamination or loss of product used
for ballast under any circumstance. In the event any tank should float, the Seller shall
have no liability with respect to resetting the tank and any and all expenses for
equipment, labor, materials and sub-contractors to reinstall tanks or to clean up
contamination or pollution shall be borne by the Purchaser. Removal of ballast from tanks
shall be at the expense of the Purchaser unless otherwise specified herein. Owner shall be
responsible for keeping accurate daily inventory records of all products used for ballast
and must notify the Seller immediately if shortage occurs.

c.

Seller shall be held harmless for all Force Majeure events that may affect the Goods or
Services and the installation quality and completion. All additional expenses for
equipment, labor and materials to correct any and all damages from Force Majeure events
shall be the sole responsibility of the Purchaser.

d.

Except as otherwise specifically stated, winter working conditions, electrical, concrete,
asphalt, water and sewer or site restoration work is not included in the Proposal.

e.

The Purchaser or its agent will clearly identify to the Seller the location of all boundary
lines with respect to the Proposal. If the Purchaser or its agents are incorrect in
identifying the applicable boundary lines which results in additional expenses to be
incurred by the Seller for relocating or duplicating completed work, any and all additional
expense will be borne by the Purchaser.

f.

If the Proposal includes use of or connection to used equipment or piping, the Contract
price shall be increased for all additional costs or expenses that arise where the used
equipment or piping is not fit for the intended application. In the event such items cannot
be used, the Seller shall notify the Purchaser upon discovery and provide a nonbinding
estimate of additional costs required to complete the Services.

g.

The Purchaser will provide, at its expense, electrical power at the job site for use by the
Seller.

h.

Seller uses non-union labor. If union labor is required, the difference between the cost of
non-union and union labor will be added to the Contract price.

i.

Prior to any tank removal, the Purchaser shall have all product removed from the tank. In
the event there is any liquid/sludge in a tank at the time of removal, the Seller may
arrange for liquid/sludge removal at the Purchaser’s expense without notice to Purchaser.

Governmental Compliance.
a.

Seller does not accept any responsibility for any new laws and regulations not in effect as
of the date of this Contract, even if imposed retroactively at a later date by any
governmental body.

b.

Environmental compliance is Purchaser’s responsibility. Its failure to comply strictly with
applicable federal, state or local requirements, rules and/or regulations (including but not
limited to those applicable to notice) will completely void all express or implied
warranties of Seller. It is Purchaser’s responsibility to report any inventory shortage or
suspected releases to federal, state and all other authorities having jurisdiction and to
Seller or a certified tank handler within 24 hours of occurrence. Unless otherwise
specified herein, Purchaser or its agent shall furnish state fire marshal’s permit, if
required, and all other permits, licenses, inspections fees or approvals, whether required
by federal, state or local regulations. Purchaser shall register all new or replacement
regulated storage tanks in accordance with applicable state and local regulations.
Purchaser represents and warrants that no consent, approval, or authorization, declaration
or filing with any third party or governmental agency is required in connection with the
performance of the Purchaser’s obligations hereunder or to permit Seller to perform its
obligations hereunder, other than those approvals that have been previously obtained by
Purchaser.

c.

Unless otherwise stated, the Proposal does not include any removal or disposal of
contaminated soil from the underground storage tanks and piping, however, a
hydrocarbon test, as required by law, will be conducted. If soil is contaminated, Purchaser
shall be notified, and the parties shall agree on a supplemental fee for the clean-up,
removal and disposal of contaminated soil. Should the Contract be terminated as a result
of contamination, Seller shall be paid for all Goods and Services to date. In no event shall
Seller be responsible or liable for pre- existing pollution or contamination nor shall the

10.

Testing. Unless otherwise specified herein, Seller shall perform all testing required by
governmental regulations concerning the installation of Goods (but not including product
testing). Any other required testing shall be the sole responsibility of Purchaser. All costs to
perform required tests shall be directly paid by or invoiced to Purchaser.

11.

Hardware/Software Compatibility. Seller assumes that any fueling system hardware and
software supplied by Purchaser is inherently compatible and requires only routine start-up and
programming. If upon start-up it is discovered that the hardware and/or software is not
compatible or has innate deficiencies that require additional configuration or upgrading, Seller
shall have no liability for any delays in completion of the Services and shall be entitled to full
payment of the Contract price per the Contract payment terms.

12.

Administrative Provisions.
a.

Changes. This Contract may be amended at the request of either party from time to time
by written Change Order signed by both parties, setting forth the particular changes to be
made and the effect of such changes on the price and on the time of completion. All
requested changes are subject to mutual consent.

b.

Recordkeeping. Purchaser is responsible for keeping daily accurate inventory records on
products stored in tanks, lines, and dispensing equipment. In the event of a shortage
within 30 days from date of installation, Purchaser shall immediately notify Seller,
however, Seller shall not be responsible for shortages, clean-up or related costs incurred
prior to notification. Notification must be made by telephone contact, immediately
followed by written confirmation.

c.

Recording. Seller may take photographs & video of all aspects of the Services.

STANDARD TERMS AND CONDITIONS
FOR PROPOSALS, CONTRACTS, SALES & INVOICES
d.

Unintentional Errors. Seller reserves the right to revise or withdraw any quotation,
proposal or bid if a mathematical, grammatical or clerical error is found that will impact
the outcome of the original intent of the document. Such errors will be brought to the
attention of the Purchaser and a revised document will be established and authorized by
both parties prior to any work commencing.

13.

Notice of Lien Rights. TO PROTECT ALL PARTIES, A MECHANICS LIEN WILL BE
AUTOMATICALLY FILED WHERE PAYMENT IS NOT RECEIVED ACCORDING
TO THE TERMS OF THIS AGREEMENT. SELLER HEREBY NOTIFIES
PURCHASER THAT PERSONS OR COMPANIES FURNISHING LABOR OR
MATERIALS FOR THE CONSTRUCTION ON PURCHASER’S LAND MAY HAVE
LIEN RIGHTS ON THE LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED
TO LIEN RIGHTS IN ADDITION TO SELLER ARE THOSE WHO CONTRACT
DIRECTLY WITH PURCHASER OR THOSE WHO GIVE PURCHASER NOTICE
WITHIN 60 DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR
THE CONSTRUCTION. ACCORDINGLY, PURCHASER MAY RECEIVE NOTICE
FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR CONSTRUCTION
AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO ITS MORTGAGE
LENDER, IF ANY. SELLER AGREES TO COOPERATE WITH PURCHASER AND
ITS LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE
DULY PAID.

14.

Force Majeure. Seller shall not be in default of the Contract or liable to Purchaser for any
delay or default in performance, in whole or in part, where the failure to perform is
beyond it’s reasonable control, including but not limited to the following circumstances
or causes: any act or failure to act by the Purchaser, Acts of God, freezing, wind storms,
electrical strikes, fire, frost, flood, telecommunications failure, labor difficulties, failure
in transportation, shortages of materials, public enemy, government interference,
mechanical or electronic equipment failure, third party acts, third party failure to act,
terrorism, acts of war, civil disturbance, or any other cause which is beyond reasonable
control of Seller and not contemplated herein (collectively, “Force Majeure”). The date of
performance for Seller shall be extended for a period equal to the time lost by reason of
any delay arising indirectly or directly from any Force Majeure.

15.

Miscellaneous. The parties agree that they are, and shall remain, separate entities and that
no partnership, joint venture or agency relationship shall be actually or constructively
created under this Agreement. Seller is providing Services as an independent contractor.
Seller does not undertake by this Agreement or otherwise to perform any obligations of
Purchaser, whether regulatory or contractual, or to assume any responsibility for
Purchaser’s business or operations. Purchaser may not assign this Contract without the
prior written consent of Seller. Purchaser agrees that the terms and conditions contained
herein constitute the entire understanding and agreement between the parties and is
intended as the complete and final expression of their agreement for the sale of Goods
and provision of Services. It shall not be modified or amended except in writing and
signed by officers of each party. Purchaser also agrees that the terms and conditions
contained herein supersede any terms and conditions within any purchase order or other
document Purchaser may issue. If any provision of this Agreement is determined to be
void, invalid or unenforceable, the remainder shall be unaffected and shall be enforceable
as if the void, invalid or unenforceable part was not a provision of the Agreement. The
waiver by either party of a breach of any provision of this Agreement shall not operate or
be construed as a waiver of any subsequent breach. Headings of sections are for
convenience only and have no substantive effect. This Agreement shall be governed in
accordance with the substantive and procedural laws of the State of Iowa without regard
to its conflicts of law provisions. All disputes arising hereunder shall be brought in the
state or federal courts having jurisdiction in Linn County, Iowa and the parties hereto
consent to the jurisdiction of such courts, agree to accept service of process by mail, and
hereby waive any jurisdictional or venue defenses otherwise available to it. Further,
Purchaser hereby waives any right to a trial by jury.

16.

Mandatory Mediation. ANY DISPUTE INVOLVING THE ENFORCEMENT OR
INTERPRETATION OF THIS CONTRACT IS SUBJECT TO MANDATORY, NONBINDING MEDIATION UNDER THE CONSTRUCTION INDUSTRY MEDIATION
RULES OF THE AMERICAN ARBITRATION ASSOCIATION, THE COST OF
WHICH IS TO BE BORNE BY THE PARTIES EQUALLY, PRIOR TO EITHER
PARTY HAVING THE RIGHT TO FILE A LEGAL ACTION, EXCEPT WHERE
TEMPORARY INJUNCTIVE RELIEF IS SOUGHT. MEDIATION SHALL TAKE
PLACE IN LINN COUNTY, IOWA.

To accept this Proposal and the terms and conditions set forth above, please sign one copy and return it to
us. Upon acceptance by us, this Proposal, along with the terms and conditions above, become a binding
contract.
I (we) accept the Proposal and the terms and conditions stated above on this date:

Date

Acterra Group reference no.:
For:

Acterra Group, LLC

Authorized Signature

Authorized Signature

Written Name & Title

Written Name & Title

City of Coralville
Treasurer’s Report
Below is a listing of the City of Coralville’s cash balances as of January 31, 2026.

Beginning Balance
as of 01/01/2026

Total Debits
(increases)

Total Credits
(decreases)

Ending Balance
as of 01/31/2026

GENERAL

$18,848,113

$2,039,941

$3,431,101

$17,456,954

ROAD USE

$4,922,939

$321,111

$305,711

$4,938,338

SPECIAL REVENUES

($7,590,658)

$508,340

$313,127

($7,395,444)

$89,601

$21,211

$0

$110,812

PROJECT FUNDS

($12,492,426)

$5,439

$156,343

($12,643,330)

WATER ENTERPRISE

$5,347,139

$369,965

$351,876

$5,365,228

WASTEWATER ENTERPRISE

$8,167,987

$478,445

$428,412

$8,218,020

TRUST & AGENCY

$1,142,911

$11,121

$28,754

$1,125,278

PERPETUAL CARE

$133,734

$0

$0

$133,734

PARKING

$7,412,139

$649,803

$381,001

$7,680,940

SOLID WASTE

$239,703

$151,663

$141,716

$249,650

TRANSIT

$227,961

$165,612

$347,298

$46,275

STORM WATER

$1,858,499

$65,496

$83,020

$1,840,974

HOTEL

$3,956,888

$313,621

$204,565

$4,065,944

$32,264,529

$5,101,767

$6,172,923

$31,193,373

Fund

DEBT SERVICE & SPECIAL ASSESSMENT

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