HomeMy WebLinkAbout25-293 - Contract - Northwest Cascade Inc. - Emergency Sewer Replacement: Outback SteakhouseContractor/
Vendor Name
Address:
Telephone
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 25-293
Council Approval 11/3/25
Resolution 2125
CITY OF TUKWILA
Short Form Contract
Northwest Cascade Inc. Project No. 82540201
Post Office Box 73399
Puyallup, Washington 98373 Budget Item: _
1.800.562.4442 Project Name Outback Sewer Repair
Please initial all attachments, then sign and return copies one and two to:
City of Tukwila, Public Works Department, 6200 Southcenter Boulevard, Tukwila, Washington
98188. Retain copy three for your records until a fully executed copy is returned to you.
AGREEMENT
This Agreement, made and entered into this 4th day of November ...............__2025, by and between
the City of Tukwila, hereinafter referred to as "City", and Northwest Cascade Inc., hereinafter referred to
as "Contractor."
The City and the Contractor hereby agree as follows:
1. SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CONTRACTOR. The Contractor
shall perform those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. In performing such services, the Contractor shall at all times comply with
all Federal, State, and local statutes, rules and ordinances applicable to the performance of such
services and the handling of any funds used in connection therewith. The Contractor shall request
and obtain prior written approval from the City if the scope or schedule is to be modified in any way.
2. TIME OF COMPLETION. The Contractor shall fully complete the Work within ten (10) working days
from the date of issuance of the Notice to Proceed.
3. COMPENSATION AND METHOD OF PAYMENT. The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated
herein by this reference. The total amount to be paid shall not exceed $146,535.15, except by written
agreement of the parties.
4. CONTRACTOR BUDGET. The Contractor shall apply the funds received under this Agreement within
the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
S. PAYMENTS. The City shall make payments on account of the contract at completion of the project.
6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion of the
work, provided the contract is fully performed and accepted.
7. CONTRACT DOCUMENTS.
The contract includes this Agreement, Scope of Work and Payment Exhibit.
CA revised May 2020 Page 1
The intent of these documents is to include all labor, materials, appliances and services of every
kind necessary for the proper execution of work, and the terms and conditions of payment
therefore.
The documents are to be considered as one, and whatever is called for by any one of the
documents shall be as binding as if called for by all.
The Contractor agrees to verify all measurements set forth in the above documents and to report
all differences in measurements before commencing to perform any work hereunder.
8. MATERIALS APPLIANCES AND EMPLOYEES.
Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools,
water, power and other items necessary to complete the work.
Unless otherwise specified, all material shall be new, and both workmanship and materials shall
be of good quality.
Contractor warrants that all workmen and subcontractors shall be skilled in their trades.
9. SURVEYS PERMITS AND REGULATIONS. The City shall furnish all surveys unless otherwise
specified. Permits and licenses necessary for the execution of the work shall be secured and paid for
by the Contractor. Easements for permanent structures or permanent changes in existing facilities
shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with
all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the
drawings and specifications are at variance therewith.
10. PROTECTION OF WORK, PROPERTY AND PERSONS. The Contractor shall adequately protect
the work, adjacent property and the public and shall be responsible for any damage or injury due to
any act or neglect.
11. ACCESS TO WORK. The Contractor shall permit and facilitate observation of the work by the City
and its agents and public authorities at all times.
12. CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted
.................................................................................................................................
accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra
cost must be made in writing before executing the work involved.
13. CORRECTION OF WORK. The Contractor shall re -execute any work that fails to conform to the
requirements of the contract and that appears during the progress of the work, and shall remedy any
defects due to faulty materials or workmanship which appear within a period of one year from date of
completion of the contract and final acceptance of the work by the City unless the manufacturer of the
equipment or materials has a warranty for a longer period of time, which warranties shall be assigned
by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to
work done by direct employees of the Contractor.
14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute the work
properly, or fail to perform any provision of the contract, the City, after seven days' written notice to
the contractor, and his surety, if any, may without prejudice to any other remedy the City may have,
make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due
the Contract or, at the City's option, may terminate the contract and take possession of all materials,
tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the
contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor,
but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City.
15. PAYMENTS. Payments shall be made as provided in the Agreements. Payments otherwise due may
be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others
not adjusted, or failure to make payments properly to the subcontractors.
16. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits
as required herein shall not be construed to limit the liability of the Contractor to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
CA revised May 2020 Page 2
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident, Automobile liability insurance shall cover all
owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage.
If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General_Liabili insurance with limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit.
Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent contractors,
products -completed operations, stop gap liability, personal injury and advertising injury, and
liability assumed under an insured contract. The Commercial General Liability insurance shall
be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09
or an equivalent endorsement. There shall be no exclusion for liability arising from explosion,
collapse or underground property damage. The City shall be named as an additional insured
under the Contractor's Commercial General Liability insurance policy with respect to the work
performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and
Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute
endorsements providing at least as broad coverage.
3. Workers' Comoensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this
Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of
liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and shall not contribute
with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
CA revised May 2020 Page 3
H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business -days notice to the Contractor to correct the breach, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction a
performance bond at 100% of the amount of the contract and in a form acceptable to the City. In lieu
of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of the
contract amount as retainage for a period of 30 days after final acceptance or until receipt of all
ry p Revenue and the Department of Labor and Industries
y
necessary releases from the Department o
and settlement of an liens, whichever is later9lY l °Ak"a14a t' pay NWC I°" cost of ui'.IedorunanICm
n.
18. LIENS. The final payment shall not be due until
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ntil tie Contractor has delivered to the City a complete
release of all liens arising out of this contract or receipts in full covering all labor and materials for
which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien.
19. SEPARATE CONTRACTS. The City has the right to execute other contracts in connection with the
work and the Contractor shall properly cooperate with any such other contracts.
20. ATTORNEYS FEES AND COSTS. In the event of legal action hereunder, the prevailing party shall
be entitled to recover its reasonable attorney fees and costs.
21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material
and rubbish and at the completion of the work, shall remove from the premises all rubbish, implements
and surplus materials and leave the premises clean.
22. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or in connection with the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability
for damages arising out of bodily injury to persons or damages to property caused by or resulting
from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and
volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence. It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for
the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
23. PREVAILING WAGES. The Contractor shall pay all laborers, workmen and mechanics the prevailing
wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with
RCW 39.12.040.
24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by itunder this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the
presence of any disability in the selection and retention of employees or procurement of materials or
supplies.
25. ENTIRE AGREEMENT; MODIFICATION, This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and supersedes
all prior negotiations, representations, or agreements written or oral. No amendment or modification
of this Agreement shall be of any force or effect unless it is in writing and signed by the parties.
26. SEVERABILITY AND SURVIVAL. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the completion,
expiration or cancellation of this Agreement, shall survive termination of this Agreement.
CA revised May 2020 Page 4
27. NOTICES. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature
line below.
28. APPLICABLE LAW, VENICE. ATTORNEY'S FEES. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit, arbitration,
or other proceeding is instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be properly laid in King County, Washington. The prevailing
party in any such action shall be entitled to its attorney's fees and costs of suit.
IN WITNESS WHEREOF, the parties hereto executed this Agreementthe day and yearfirst above written.
► M_w_..._...._._._____.,
DATED this 4th day of w_____.aw_...._w___.--- Nove... b.er._......_2025.
CITY OF TUKWILA
-Initial Signed by:
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Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
ESigned by:
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Andy Youn-Barnett, City Clerk
APPROVED AS TO FORM:
ESigned by:
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Office of the City Attorney
NORTHWEST CASECADE INC.:
Printed Name: Qk1lo r F° Myer
Title: limy President
Address: PO Bo
CA revised May 2020 Page 5
CNW NORTHWEST CASCADE INC.
POST OFFICE BOX 73399, PUYALLUP, WASHINGTON 98373 / TOLL FREE 800-562-4442
Proposal and Contract
Customer: City of Tukwila Date: 10/3/2025
Project: Outback Steak House Sewer
Location: 16510 Southcenter Parkway
Tukwila, WA 98188
Dear Bidders
Proposal Price: $ 132,972.00 LS
Additive for P401 lined pipe: $32.7S/LF
Fol 1, $1 46,53 l5 ink°°l, 121lam saes Ui
Northwest Cascade, Inc. is pleased to submit the following proposal for the construction of the above referenced project.
This proposal is based on the following:
Scope of Work
Our scope of work for this proposal includes the supervision, labor and equipment necessary to replace existing failed 8" 01 sewer
service. Work will include removal of eAsting asphalt patch across Southcenter Parkway, concrete curb and driveway approach,
and necessary asphalt in parking lot. Excavate, locate and remove existing sewer line while replacing with new 8" CL52 pipe.
NWC will install up to 140 LF of new sewer line from manhole to manhole (not including the outside drop portlon of the service
line)- NWC will 100% export spoils and 100% import backfill material that meets specs per AHJ- NWC will use valor equipment to
expose all utilities. NWC will replace 110/SY asphalt and 10/SY of concrete removed to complete the project. NWC will provide all
traffic control necessary to complete our scope of worts. Work is proposed and priced for daytime work hours that will take place on
Southcenter Parkway.
Specific Exclusions and Clarifications
1. All engineering, staking and survey are by others.
2. All permits, fees and assessments by others.
3. No sales tax or use tax is included in the price.
4. All soil testing by others.
6. The disposal and/or replacement of unsuitable excavation material is not Included in this price.
G. Due to market conditions we can not guarantee PVC, HDPE or Ductile Iron pipe prices. Actual price will be determined at
the time of ordering pipe,
7. No dewatering or compaction testing included
8. Pavement marking restoration is excluded.
9- NWC not responsible for damage to any unmarked utilities
10. If the outside drop connection at MH in Southcenter Parkway needs replaced price is subject to change
11. All engineering, staking (Per NWC standard request), soils testing, soil inspection and survey are by others.
12. Due to the current unstable market conditions we cannot guarantee PVC, HDPE or ductile Iron pipe prices. In
order to hold material pricing, notice of award must be issued within 30 days of bid.
13. Structural & trench backfill Is figured to be native material unless noted otherwise.
14. No hazardous or contaminated material removal, soil removal, water, monitoring, training, AHERA inspection, testing,
government reporting, abatement, or survey is included in this price_
15. No landscaping, bio -filtration soil, irrigation system, barks mulch, pavers, or hydro -seeding included in this price.
16. Restoration outside of paved areas is to be rough machine backfill only within +1-0.50', paved areas to be within +0.10'.
17. Schedule and contract to be mutually negotiated and based on approval of credit.
18. Price includes Luo to 110 sgu re yards of HMA Davement trench patching. Overruns in paving will be an additional charge.
19. Price includes un to 10 souare yards of concrete pavement/sidewalk restoration. Overruns in concrete restoration will be
an additional charge.
20. Traffic control is included for work in R.O.W. only.
21. Any work not specifically included is excluded.
22. Protective P401 lined pipe is a long lead item and available on 10 come 11 serve.
ADDITIONAL TERMS
The contract price does not include cost of permits or use taxes. We are not responsible for unknown or unmarked utilities. This
proposal is subject to our approval of your credit report for which you authorize us to apply. NWC is under no obligation, however,
to perform a credit check and the failure to do so shall not affect NWC's rights. Monthly progress payments shall be paid within 15
days of close of estimate period and full payment, includn all retaingplpe, Irm 11 Pins m de within 35 days of subs] nt l gomllglgtj l_of
our work. . Interest will be charged on all past due accounts at 1% per month or the highest rate allowed bylaw. Retainage shall be
a maximum of 5% of contract price. No offsets or deductions from the contract price shall be permitted. If the contract price is not
paid as agreed and if collection proceedings or a suit is started, then you agree to pay all costs incurred by us, including all costs of
suit and a reasonable attorneys' fee as determined by the court.
Any alteration or deviation from the scope of work described in this proposal that requires additional material, equipment or labor will
result in an extra charge over the stated price. The extra charge shall be based on NWC's fully burdened cost for labor, the actual
cost of any materials or rental equipment used in performing the work, the AGC-WSDOT Equipment Rental Agreement rates for
Contractor owned equipment, and a mark-up for overhead and profit of 20% on the foregoing costs. If NWC performs any work
excluded in the "Specific Exclusions and Clarifications" section above, such work shall be treated as an alteration or deviation from
the scope of work.
All of the work will be completed in a workmanlike manner according to standard practices, barring an act of God, labor strikes or
labor disputes, unavailability of materials, or other causes beyond our control. WE MAKE NO OTHER WARRANTY RESPECTING
OUR WORK, EXPRESS OR IMPLIED. NWC's assumption of continuous and uninterrupted work is for the benefit of NWC, and not
a covenant or warranty of performance by NWC. If NWC's work is interrupted due to no fault of NWC, such interruptions will
automatically extend any agreed time for performance. Such interruptions will also be considered an alteration or deviation from the
scope of work in this proposal if caused by the actions or inactions of you, your agents or consultants. Under no circumstances
shall NWC be liable for consequential damages including, without limitation, damages for rental expenses or for loss of use,
opportunity, income, profit, sales, business, financing, or reputation.
You agree to defend, indemnify and hold NWC, including its officers, directors, employees, subcontractors and agents and each of
them, harmless from any claim, liability, loss, cost (including reasonable attorneys' fees), fine, penalty or other expense that may
occur or be claimed by or with respect to any person or property and resulting from the presence of any HAZARDOUS
SUBSTANCE in or on the job site, or from the movement, handling, transporting or disposal by them of any HAZARDOUS
SUBSTANCE located in or on the job site, as required or permitted by the contract, provided that this indemnity obligation shall not
apply if the presence of the HAZARDOUS SUBSTANCE was caused by us. The term HAZARDOUS SUBSTANCE, as used herein,
shall mean any hazardous, toxic or dangerous substance, waste or material or petroleum product which is or becomes regulated
under any federal, state or local statute, rule, regulation or ordinance now or hereafter in effect pertaining to environmental
protection, contamination or cleanup.
NWC will agree to indemnify and hold harmless the Client from third party claims for personal injury or property damage arising from
NWC's perforrnace of the work on the project only to the extent of NWC's negligence. NWC will not sign a waiver of subrogation.
NWC does not waive any immunity granted it under any Industrial or Workers Compensation Acts.
NWC carries insurance for the following limits:
General Liability
•
General Aggregate
$2,000,000.00
•
Products Comp/Op Agg -
$2,000,000.00
•
Personal & Adv Injury
$1,000,000.00
•
Each Occurrence
$1,000,000.00
•
Fire Damage
$ 100,000.00
•
Medical Expense
$ 5,000.00
Automobile Liability
•
Combined Single Limit
$1,000,000.00
Excess Liability (Umbrella Form)
•
Each Occurrence
$4,000,000.00
•
Aggregate -
$4,000,000.00
Workers
Compensation and Employers' Liability
•
EL Each Accident
$1,000,000.00
•
EL Disease -Policy Limit
$1,000,000.00
•
EL Disease -Each Employee
$1.000,000.00
09/12/2012 Update
Higher limits are available at the Client's sole expense. The insurance certificate issued by NWC will not be altered or amended in
any manner that might be construed to assume any liability other than NWC's negligence. The additionally insured on the insurance
certificate will not be named a primary insured under NWC's insurance policy.
NOTICE: TO CUSTOMER
(Given Pursuant to R.C.W. 18.27.114)
Northwest Cascade, Inc., is registered as a general contractor with the state of Washington, registration no. NORTHC11488G, and
has posted with the state a bond of $12,000 for the purpose of satisfying claims against us for breach of contract including negligent
or improper work in the conduct of our business. The expiration date of our registration is stated on the first page of your contract.
THIS BOND MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR
CONTRACT. This bond is not for your exclusive use because it covers all work performed by us. The bond is intended to pay valid
claims up to $12,000 that you and other customers, suppliers, subcontractors, or taxing authorities may have.
FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT. You may withhold a
contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you
and help insure that your project will be completed as required by your contract.
YOUR PROPERTY MAY BE LIENED. If a supplier of materials used in your construction project or an employee or subcontractor
of ours or one of our subcontractors is not paid, your property may be liened to force payment and you could pay twice for the same
work. FOR ADDITIONAL PROTECTION, YOU MAY REQUEST THAT WE PROVIDE YOU WITH ORIGINAL "LIEN RELEASE -
DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR PROJECT. We are required to provide you with
further information about lien release documents if you request it. General information is also available from the state Department of
Labor and Industries.
If you have any questions, please do not hesitate to call Ricky Haulet 253-948.7450. If you have no questions and find our proposal
acceptable, please sign and return this original document. This quotation will remain firm for 30 days from the data it was
issued.
_....__._.._
Note mmmmmnnRetroactive backcharg es will not biz Respectfully submitted,
allowed as a credit on thi^ s contract RTHWEST CASCADE, INC.
. _
Contractor's registration expires: October, 2026 By:__,A_1111_.�.
ACCEPTANCE
Northwest Cascade, Inc. is hereby authorized to furnish all materials and labor required to complete the work described
above for the price and upon the terms and conditions stated above and upon those ADDITIONAL TERMS that are stated above.
Customer acknowledges having read and understood the ADDITIONAL TERMS (which include an INDEMNITY PROVISION
relating to HAZARDOUS SUBSTANCES) as well as the statutory NOTICE TO CUSTOMER that is also printed above.
Acceptance of changes, if any, made by Customer E
ned by:
Northwest Cascade, Inc. • .
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.
BY Customer Date
09/12/2012 Update