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Subcontract#: 1706-1050
<br /> and/or damages,including but not limited to attorney's fees and court costs,arising out of Subcontractor's use of the tools,equipment or other
<br /> personal property.
<br /> 20. Federal and state payroll taxes. Neither federal nor state income tax,nor any other payroll tax or other tax or imposition of any kind,
<br /> shall be withheld or paid by Hoffman on behalf of the Subcontractor or its employees.Subcontractor shall not be treated as Hoffman's employee
<br /> with respect to the services performed under this Agreement for federal or state tax purposes or any other purposes whatsoever. Subcontractor
<br /> understands that it is responsible to pay its income tax in accordance with federal and state law. Subcontractor further understands that it may be
<br /> liable for Social Security("FICA")tax,to be paid in accordance with all applicable laws.
<br /> 21. Fringe benefits. Because Subcontractor is engaged in its own independent contracting business,neither Subcontractor nor any of its
<br /> employees are eligible for any of Hoffman's pension,health or other fringe benefit plans. Only Hoffman's employees may participate in Hoffman's
<br /> fringe benefit plans.
<br /> 22. Hoffman not responsible for workers'compensation. Because Subcontractor is engaged in its own independent contracting business
<br /> and is not an employee of Hoffman,Hoffman will not obtain workers'compensation insurance for the Subcontractor or its employees. The
<br /> Subcontractor agrees to obtain workers'compensation coverage for its employees and to furnish a copy of its certificate of workers'compensation
<br /> insurance to Hoffman. Subcontractor may be excused from obtaining workers'compensation coverage if it establishes warrants and represents to
<br /> Hoffman's satisfaction that it is not required to obtain workers'compensation insurance coverage under Wisconsin's Workers'Compensation Act,
<br /> as amended. Thus,if the Subcontractor can demonstrate to Hoffman's satisfaction that it is a sole proprietorship and is not incorporated,and if
<br /> Subcontractor is further able to show that it is exempt from the coverage requirements of Wisconsin's Workers'Compensation Act,as amended.
<br /> only then Subcontractor will not be required to produce a certificate of workers'compensation insurance. Under no circumstances will I toffman
<br /> obtain workers'compensation insurance coverage for Subcontractor.
<br /> 23. Compliance with Laws.Subcontractor warrants that in the performance of work and services under this Agreement,Subcontractor will
<br /> observe and abide by any laws,regulations,ordinances,or other rules applicable to the performance of the Work under this Agreement,including,
<br /> but not limited to the following:
<br /> a. Executive Order No. 7. Subcontractor will comply with the State of Wisconsin,Governor's Executive Order No. 7 per
<br /> specifications,when applicable.
<br /> b. Form#CC-257, Subcontractor will comply with U.S.Department of Labor Office of Federal Contract Compliance,Form
<br /> #CC-257 reporting procedure,when applicable.
<br /> c. Payroll Reports. Subcontractor will comply with all applicable reporting requirements,including weekly Payroll Reports,
<br /> and shall submit them to Hoffman's office weekly or as required by Owner.
<br /> d. Federal-Aid Construction Contract Requirements. Subcontractor will comply with and will require any second tier
<br /> subcontractor to comply with all applicable requirements under Form FHWA 1273.
<br /> e. Section 4.04 Permit Requirements. Subcontractor will comply with all requirements of Section 4.04 permits issued by the
<br /> U.S.Army Corps of Engineers,copies of which are available from Owner.
<br /> 24. Labor contracts. If applicable,Subcontractor certifies that Subcontractor is or will be covered by written labor contracts with the
<br /> appropriate trade unions as set forth in the local union agreements for the work described,which contracts shall continue throughout the term of
<br /> this Agreement.
<br /> 25. fBE/DWB/MBE Loafs. In the event either Disadvantaged Business Enterprises("DBE"), Woman Business Enterprise("WBE")or
<br /> Minority Business Enterprise("MBE")goals are required for the Project,Subcontractor will provide Hoffman with documentation showing that
<br /> Subcontractor's DBE,WBE and/or MBE goals,as appropriate,are met and Subcontractor shall further monitor compliance during the term of this
<br /> Agreement. This documentation shall consist of paid invoices,copies of canceled checks,and of any other documentation as required by the Owner
<br /> or Hoffman. Subcontractor shall deliver this documentation weekly to Hoffman's office or such other location as determined by Hoffman. In
<br /> addition,Subcontractor shall comply with all requirements of the Wisconsin Disadvantaged Business Development Program,as now existing or as
<br /> subsequently amended,revised or replaced.
<br /> 26. Apprentices/Trainees.Subcontractor will assume all responsibilities for its Apprentices and Trainees if they are required on this Project.
<br /> 27. Manufacturer's certifications.Subcontractor shall provide manufacturer's certifications within 7 calendar days when requested by the
<br /> Wisconsin Department of Transportation or by Hoffman. The ability to provide the certifications shall be maintained for a period of five(5)years
<br /> after the contract Work is completed.
<br /> 28. Confidential Information. Subcontractor acknowledges that the information,observations and data it may obtain during the course of
<br /> its performance under this Agreement concerning the business and/or affairs of Hoffman,including the name of the Owner for whom Subcontractor
<br /> is providing services on behalf of Hoffman,constitute Hoffman's confidential business information. Subcontractor agrees that it will not disclose
<br /> to any unauthorized person or use for its own account any of such information,observations or data without Hoffman's prior written consent,unless
<br /> and to the extent that such confidential business information becomes generally known to and available for use by the public other than as a result
<br /> of Subcontractor's acts or omissions. Subcontractor agrees to deliver to Hoffman,at the termination of this Agreement,or at any other time that
<br /> Hoffman may request,all memoranda,documents,plans,records,reports and other documents(and copies thereof)and all computer software and
<br /> programs relating to Hoffman's that Subcontractor may then possess or control.
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