HomeMy WebLinkAboutContractAGREEMENT FOR PUGET SOUND ENERGY TO WAIVE AND
RELEASE CASH SURETY FOR DEFERRAL PERMIT DEF18006311
THIS AGREEMENT (“Agreement”) dated for reference purposes only as October 16, 2023, is by and
between the City of Renton (“Renton” or “City”), a non-charter code city under RCW 35A and a
municipal corporation under the laws of the State of Washington, and Puget Sound Energy, Inc.
(“PSE”), a Washington Public Utility Corporation, who are collectively referred to as the “Parties”.
This Agreement sets forth the terms and conditions by which the Parties will address certain funds on
deposit with the City from PSE. Once fully executed by the Parties, this Agreement is effective as to
the last date signed by both Parties.
RECITALS:
WHEREAS, Renton Municipal Code (“RMC”) 4-6-060 requires street frontage improvements to ensure
reasonable and safe access to public and private properties, which requirements are imposed as a
condition of building permits or short plat or full subdivision; and
WHEREAS, PSE applied for, and was granted, a permit to redevelop the Talbot Hill Substation/Puget
Sound Energy Substation project under LUA 16-00092 (“the Permit”); and
WHEREAS, the Permit is conditioned upon and required PSE to perform specified street frontage
improvements (“Required Improvements”) pursuant to RMC 4-6-060; and
WHEREAS, in its application for Civil Construction Permit (C17001111) PSE sought a waiver exempting
it from completing the Required Improvements, and such waiver was denied in land use decision LUA
17-000139 on April 24, 2017; and
WHEREAS, in order to delay its requirements to perform the Required Improvements, PSE applied for,
and was granted deferral under permit DEF18006311 on November 14, 2018 pursuant to RMC 4-9-
060.C,9; and
WHEREAS on December 5, 2018, PSE provided a Cash Surety deposit of $307,522.50 to the City to
secure its deferred obligation to complete the Required Improvements. The cash surety was
deposited with the City in conjunction with a Surety Agreement dated November 20, 2018. Pursuant
to the terms of the Surety and RMC 4-1-230.D.9 if PSE fails to timely perform the street improvements,
the City may perform the required improvements using the amount of the Surety and also collect from
PDE any additional cost of the performing the work that the Surety does not cover; and
CAG-23-434
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WHEREAS, PSE does not wish to perform the Required Improvements and has requested to close out
its obligation to perform the work and allow the City to keep the full amount of the Surety to use for
either the required or other street improvements as the City, in its sole discretion, deems most
appropriate and urgent; and
WHEREAS the City does not have resources or plans to perform the Required Improvements and
diverting its resources to perform the work could cause the cost of the City’s performance of the
Required Improvements to exceed the amount of the surety; and
WHEREAS to avoid code enforcement or legal action related to the Required Improvements of Surety
and to best prioritize use of public resources, the Parties agree it is in both of their interests and the
interests of the public to enter into this Agreement with the terms set forth below.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein, the Parties agree
as follows:
1)PSE waives and fully releases any claim or right to the full amount of the Surety, three hundred
seven thousand five hundred twenty-two dollars and fifty cents ($307,522.50), and any interest
that may have accrued therefore, and agrees that the City may use such amounts for any purposes
related to street improvements the City deems, in its sole discretion, in the best public interest
without restriction from PSE as to use, timing of use, or any requirement for approval or review
by PSE.
2)PSE agrees that the City has no obligation to itself perform the Required Improvements and its
acceptance of the PSE’s release of the Surety to the City does not obligate the City to perform the
Required Improvements.
3)In exchange for acceptance of PSE’s release and waiver provided herein, the City agrees that PSE’s
performance of the Required Improvements are deemed to be complete for purposes of PSE’s
compliance with Permit #LUA 16-00092.
4)Records: Maintenance, Access, Disclosure.
a.Records Maintained. PSE shall maintain all records and accounts with respect to all
matters covered by this Agreement, including personnel, property, financial, and
programmatic records and documents.
b.Retention Period. These records shall be maintained for as long as may be required by
applicable Washington State records retention laws, but in any case for a period of six
(6) years after all funds have been expended under the terms of this Agreement, to
ensure proper accounting for all funds and compliance with the Agreement.
c.Litigation or Audit. If any litigation, claim or audit is started before the expiration of
the six (6) year period provided in Section 4(b) above, the records shall be retained
until all litigation, claims, or audit findings involving the records have been resolved.
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d.Right of Access. The City, or its authorized representatives, shall have the right of
reasonable access to records (electronic and otherwise) of PSE in order to conduct
audits or other investigations.
e.Subject to Disclosure. PSE acknowledges that records may be subject to disclosure
under the Public Records Act, Ch. 42.56 RCW.
i.To the full extent the City determines necessary to comply with the Washington
State Public Records Act, PSE shall make a due diligent search of all records in its
possession or control relating to this Agreement, including, but not limited to, e-
mail, correspondence, notes, saved telephone messages, recordings, photos, or
drawings and provide them to the City for production.
ii.In the event PSE believes said records need to be protected from disclosure, it may,
at its own expense, seek judicial protection. PSE shall indemnify, defend, and hold
harmless the City for all costs, including attorneys’ fees, attendant to any claim or
litigation related to a Public Records Act request for which PSE has responsive
records and for which PSE has withheld records or information contained therein,
or not provided them to the City in a timely manner.
iii.PSE shall produce to the City for distribution any and all records responsive to the
Public Records Act request in a timely manner, unless those records are protected
by court order. The provisions of this section shall survive the expiration or
termination of this Agreement.
6)Modification. This Agreement may only be amended by written agreement signed by both
Parties.
7)Conflicts. In the event of any inconsistencies between PSE proposals or PSE -prepared exhibits
and this Agreement, the terms of this Agreement shall prevail.
8)Severability. In the event any term or condition of this Agreement or application thereof to
any person or circumstances is held invalid, such invalidity shall not affect other terms,
conditions, or applications of this Agreement that can be given effect without the invalid term,
condition, or application. To this end, the terms and conditions of the Agreement are declared
severable.
9)Governing Laws. Any lawsuit or legal action brought by any party to enforce or interpret this
Agreement or any of its terms or covenants shall be brought in the King City Superior Court
for the State of Washington at the Maleng Regional Justice Center in Kent, King City,
Washington, or its replacement or successor.
10)Indemnification. The Parties covenant and agree to defend, indemnify, and hold harmless the
other Party, its directors, officers, employees, and agents, from and against any and all
demands, liabilities, causes of action, costs and expenses (including attorneys’ fees), claims,
judgments, or awards of damages, in connection with or occasioned, in whole or in part, by
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the non-indemnifying Party’s acts or omissions under this Agreement. Solely to the extent
required to enforce these indemnification obligations contained in this Section 8 and by
mutual negotiation, PSE waives, as respect to the City only, its immunity under Title 51 RCW;
provided, however, the foregoing waiver shall not in any way preclude PSE from raising such
immunity as a defense against any claim brought against PSE by any of its employees. These
indemnification obligations shall survive the termination of the Agreement.
11)Complete Agreement. This Agreement sets forth the complete expression of the agreement
between the Parties, and any oral representations or understandings not incorporated herein
are excluded. The Parties may execute this Agreement in any number of counterparts, each
of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the dates
entered below.
CITY OF RENTON
By:_____________________________
PUGET SOUND ENERGY, INC.
By:____________________________
Armondo Pavone
Mayor
Name:__________________
Title: ___________________
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
M. Patrice Kent
Sr. Assistant City Attorney
(h/contract/2023/2415)
Dan Koch
V.P. Energy Delivery
11/7/202312/13/2023
Approved by Patrice Kent via email 11/21/2023