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or employee of City. It is expressly agreed by Contractor that in the performance of the services <br />required under this contract, Contractor, and any of its subcontractors or employees, shall at <br />times be considered independent contractors and not agents of City. <br />15. Subcontractors <br />Contractor agrees to bind every subcontractor to the terms of the Agreement <br />Documents as far as such terms are applicable to subcontractor's portion of The Work. <br />Contractor shall be as fully responsible to the City for the acts and omissions of its <br />subcontractors and of persons either directly or indirectly employed by its <br />subcontractors, as Contractor is for acts and omissions of persons directly employed by <br />Contractor. Nothing contained in these Agreement Documents shall create any <br />contractual relationship between any subcontractor and the City. <br />The City reserves the right to approve all subcontractors. The City's Approval of any <br />subcontractor under this Agreement shall not in any way relieve Contractor of its <br />obligations in the Agreement Documents. <br />• Prior to substituting any subcontractor listed in the Proposal Forms, Contractor must <br />comply with the requirements of the Subletting and Subcontracting Fair Practices Act <br />pursuant to California Public Contract Code section 4100 et seq._ <br />16. Safety RequirementsNiolations <br />• Safety at the Project site during performance of the work is of paramount concern to <br />the City. Accordingly, the City will review violations recorded as serious or willful for <br />federal or state OSHA regulations within the last five (5) years. <br />Contractors must identify the number of OSHA violations on the CONTRACTOR'S <br />INDUSTRIAL SAFETY RECORD form. Any serious or willful violation may render <br />a proposal as non -responsive. We strongly encourage full disclosure, since failure to <br />identify all violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD <br />form may result in rejection of the proposal as non -responsive or the contractor as non - <br />responsible following a hearing <br />A citation properly appealed through OSHA is not considered to be a violation until <br />the matter is closed and considered final by OSHA. The City still expects this <br />information to be disclosed by the contractor, with an explanation and documentation <br />showing that the matter is properly under appeal with OSHA and not considered closed <br />or final. Failure to be forthcoming with this information may result in rejection of the <br />proposal as non -responsive. Notwithstanding the preceding, the City may waive this <br />criterion in its sole and absolute discretion. <br />Describe your safety measures plan to assure the City that all applicable OSHA <br />regulations will be adhered to with the inclusion of an Injury and Illness Prevention <br />Program. <br />City of Santa Ana RFP 19-117 <br />Page Al-5 <br />