Improvement of FPA Laboratory - Fertilizer and Pesticide Authority

or structure, or “Structural Failures”, i.e., where one or more key structuralelements in an infrastructure facility fails or collapses, thereby rendering thefacility or part thereof incapable of withstanding the design loads, and/orendangering the safety of the users or the general public:(a)(b)Contractor – Where Structural Defects/Failures arise due to faultsattributable to improper construction, use of inferiorquality/substandard materials, and any violation of the contract plansand specifications, the contractor shall be held liable;Consultants – Where Structural Defects/Failures arise due to faultyand/or inadequate design and specifications as well as constructionsupervision, then the consultant who prepared the design or undertookconstruction supervision for the project shall be held liable;(c) Procuring Entity’s Representatives/Project Manager/ConstructionManagers and Supervisors – The project owner’s representative(s),project manager, construction manager, and supervisor(s) shall be heldliable in cases where the Structural Defects/Failures are due to his/theirwillful intervention in altering the designs and other specifications;negligence or omission in not approving or acting on proposed changesto noted defects or deficiencies in the design and/or specifications; andthe use of substandard construction materials in the project;(d)(e)Third Parties - Third Parties shall be held liable in cases whereStructural Defects/Failures are caused by work undertaken by themsuch as leaking pipes, diggings or excavations, underground cables andelectrical wires, underground tunnel, mining shaft and the like, inwhich case the applicable warranty to such structure should be leviedto third parties for their construction or restoration works.Users - In cases where Structural Defects/Failures are due toabuse/misuse by the end user of the constructed facility and/or non–compliance by a user with the technical design limits and/or intendedpurpose of the same, then the user concerned shall be held liable.12.5. The warranty against Structural Defects/Failures, except those occasioned onforce majeure, shall cover the period specified in the SCC reckoned from thedate of issuance of the Certificate of Final Acceptance by the ProcuringEntity.12.6. The Contractor shall be required to put up a warranty security in the form ofcash, bank guarantee, letter of credit, GSIS or surety bond callable ondemand, in accordance with the following schedule:Form of Warranty(a) Cash or letter of credit issued byUniversal or Commercial bank:provided, however, that the letter ofMinimum Amount inPercentage (%) of TotalContract PriceFive Percent (5%)52