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Public Property Access Permit (Soil Boring near 2103 S. Ohio St) Revised 1/16/14 PUBLIC PROPERTY ACCESS PERMIT Evergy (hereinafter referred to as "the Permittee") is hereby permitted by the City of Salina (hereinafter referred to as "City") to access public property as shown on the attached Evergy Soil Boring Map,near 2103 S Ohio St (the"Property"). The terms of this Permit are as follows: 1. The access to the Property granted by the City to the Permittee, its employees, agents, assigns, or contractors is in consideration for the promises and assurances provided by the Permittee regarding the performance of the work under the conditions set forth below. 2. The City grants the Permittee, its employees, agents, assigns, or contractors access to the Property for the purpose of drilling soil borings and/or monitoring wells, as proposed on the drawing Evergy Soil Boring Map . The Permittee shall drill the soil boring so that it does not create any interference with the City's use of the Property, and shall take all reasonable efforts to minimize interference with the City's use of the Property during the drilling. 3. The City grants the Permittee, its employees, agents, assigns or contractors access to the Property for purpose of monitoring, repairing, removing, and maintaining any existing groundwater wells. Provided, however, that the Permittee shall take all reasonable efforts to minimize interference with the City's use of the Property during any such activities. 4. Use of the Right-of-Way shall in all matters be subordinate to the City's use of the Right-of-Way for any public purpose. The Permittee shall coordinate the work in a manner which minimizes adverse impact on public improvements,as reasonably determined by the City. 5. All earth, materials, sidewalks, driveway approaches, paving, crossings, utilities, public improvements,or improvements of any kind injured or removed by the Permittee in their activities under this Permit shall be fully repaired or replaced promptly by the Permittee at their expense and to the reasonable satisfaction of the City and owner thereof,if privately owned or maintained. 6. The Permittee assures the City that prior to termination of this Permit,all materials and equipment shall be removed from the Property and the Property restored to the condition it was in at the time this Permit was executed. Once the monitoring wells are no longer needed, the Permittee will properly abandon the wells in accordance with all regulatory requirements and return that portion of the Property to match that of the property surrounding the wells to the extent possible. 7. The Permittee, its employees, agents, assigns, or contractors shall comply with all city, county, state, and federal laws, statutes, regulations, and ordinances which may affect or pertain to the environmental activities conducted on the Property (including notification of any relevant utilities prior to drilling and compliance with drilling requirements), as well as commercially reasonable standards of care. 8. Other than the activities specified in this access Permit, no further access to or use of the property shall be permitted except upon written consent of the parties, which consent shall not be unreasonably withheld. 9. The Permittee agrees to procure and maintain, during the term of this Permit and any extension thereof for their use and operations on the Right-of-Way, commercial general liability insurance with limits not less than $1,000,000 each occurrence bodily injury and/or property damage, including the risk of explosion, collapse & underground; $500,000 personal and/or advertising 1 Revised 1/16/14 injury limit, $1,000,000 products and completed operations aggregate and $1,000,000 general aggregate; $500,000 Auto Liability for all Owned, Hired and Non-Owned Autos; and Statutory Worker's Compensation insurance. The Permittee is responsible to ensure their independent contractors carry coverage equal or greater than that required of the Permittee. City shall be named as an additional insured on the Permittee's general liability policy. The Permittee shall keep on file with City a certificate of insurance that shows compliance with its obligations as set forth herein. The Permittee agrees to obtain insurance coverage or self-insure itself for contents or owned equipment associated with its own operation(s). The Permittee or its insurance representative shall provide for at least (30) days prior written notice of cancellation or any changes of insurers to City. 10. The insurance limits outlined above represent the minimum coverage limit and do not infer or place a limit of liability on the Permittee nor has the City assessed the risk that may be applicable to the Permittee. The Permittee's liability program will be primary and any insurance maintained by the City (including self-insurance) will not contribute with the coverage maintained by the Permittee. Coverage limits outlined above may be met by a combination of primary and excess liability insurance programs. The City will only accept coverage from an insurance carrier who offer proof that it is licensed to do business in the State of Kansas, and carries a Best's rating of "A:X"or better;or is a company mutually agreed upon by the City and the Permittee. 11. The Permittee agrees to be responsible for proper disposal of waste generated from drilling on the Property relative to Permittee's investigative and remedial activities. 12. During the term of Permit, the Permittee and its successors and assigns shall hold harmless and indemnify the City, its officers, agents, employees and authorized contractors, against all liability, loss damage,expense,and judgment,including attorney's fees so incurred, arising from or relating to its installation,use or maintenance of the Line in the public right-of-way pursuant to this Permit by the Permittee,their agents,contractors,or employees. 13. The Permittee shall notify the City not less than three (3) working days in advance of any work which would require any street closure which reduces traffic flow to less than two (2) lanes of moving traffic. The City shall follow its policies in the granting or denial of such street closure, which shall not be unreasonably delayed or withheld. In addition, all work performed in the traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. Such signing shall be in conformance with the latest edition of the Federal Highway Administration's Standards and Guideline for Work Zone Traffic Control. 14. The Permit shall commence upon execution of this document and shall continue until the Permittee's authorized use of the Right-of-Way has been completed. 15. The parties signing below warrant that they have authority to enter into this Permit. The City of Salina By: A 'ODate: /0—/3-2 Daniel R. Stack,City Engineer Evergy By: Gk.-A--teA Date: October 9,2020 2 ACCORD DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/08/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MCGRIFF,SEIBELS&WILLIAMS,INC. PHOS: P.O.Box 10265 (NCNNo,Ext);E 800-4M-2211 FAX No): Birmingham,AL 35202 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Assoc.Elec.&Gas Ins.Serv.Ltd.(AEGIS)AA-3190004 INSURED INSURER B:Self-Insured Evergy Inc.including Westar Energy,Inc. 1200 Main St. INSURER C: Kansas City,MO 64105-2122 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:JVAT3ZYP REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL'SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY SELF-INSURED UP TO$3M 10/19/2019 10/19/2020 EACH OCCURRENCE $ 3,000,000 DAMAGE-10 RENTED included CLAIMS-MADE 0OCCUR PREMISES(Ea occurrence) $ _ MED EXP(Any one person) $ included PERSONAL&ADV INJURY $ included GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ included R POLICY n PRO JECT ❑LOC PRODUCTS-COMP/OP AGG $ included OTHER: $ B AUTOMOBILE LIABILITY SELF-INSURED UP TO$3M 10/19/2019 10/19/2020 COMBINED SINGLE LIMIT 3,000,000 (Ea accident) _ $ X ANY AUTO BODILY INJURY(Per person) $ n/a OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS n/a HIRED NON-OWNED PROPERTY DAMAGE _ AUTOS ONLY AUTOS ONLY (Per accident) $ n/a A UMBRELLA LIAB OCCUR XL5761502P 10/19/2019 10/19/2020 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB X CLAIMS-MADE X AGGREGATE $ 5,000,000 DED X RETENTION$3,000,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE nN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Certificate Holder is included as Additional Insured if required by written contract,subject to policy terms,conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF SALINA ATTN: JUDY LONG AUTHORIZED REPRESENTATIVE P.O..O.BOX 736 lvfitifj SALINA,KS 67402-0736 Page 1 of 1 0 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 10(1 .51.P00•210 -j c 0 v To c L Y II k i M c rt (6' 4 UV r"In 1 t -. J i m ) tea. C;',..i ..rtE o •. 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