Mayor seeking formal commitment from public works contractors

CEBU, Philippines — As the Cebu City Government continues to pursue projects under the Department of Public Works and Highways (DPWH), Cebu City Mayor Nestor Archival said there is only one contractor so far that has been required to submit a Commitment of Undertaking (COU).

In a press conference yesterday, Archival said they were provided with a new list of projects that they will have to review again. However, he said that his focus is on the immediate projects that need attention, having assessed that they are already causing inconvenience to the public.

Among these is the area near Marco Polo, where he requested multiple adjustments from the contractor’s end in order to ensure amicable compliance. Archival enumerated his requests, which include the installation of signages, traffic flagmen every 200 meters, street cleaners, and a COU.

He said contractor, KIMWA Construction and Development Corp., already submitted their COU, emphasizing that they are the first to do so for their concrete pavement project.

“Naa na sa ilang mga kamot ang bola sa paghuman sa area sa concreting g’yud sa main road which is October 30,” said Archival.

He said the project was originally set for completion in January; but he added he was able to negotiate a shorter timeline. In line with this, he assures and anticipates that there will no longer be any construction along the main road in the said area.

The purpose of the COU is to formalize their commitment to pay a penalty of 5% of the overall project cost should they fail to meet the committed deadline.

Apart from KIMWA, Archival said the other contractors have yet to submit their COUs, adding that he will need to inspect and review the newly-provided list once again.

“Tagsa-tagsaon man gud na nato then that would be the time nga mohangyo ta nila,” said Archival.

Furthermore, Archival cited another completion date for a road construction project near Padrega Street, which has been committed for completion by October 15, 2025. In addition, Archival said City Hall has also received several complaints about a road construction project near Ayala Heights.

“Dugay na kaayo ni. Karon naghimo nasad sila og bridge pero ang diversion road maoy naghatag og daghang hasul nga nakapadisgrasya sa mga katawhan,” said Archival.

In response, Archival issued an ultimatum for the project’s completion, starting from September 29 to October 1, 2025. If the deadline is not met, Archival said the city government will take over the asphalting of the diversion road. He added that he is set to inspect their civil works today.

It was reported that a resolution from the City Council has authorized the Cebu City Legal Office to draft and recommend the necessary legal frameworks to require DPWH contractors to sign a COU, ensuring their accountability.

For weeks, following public clamor against anomalous flood control projects across the nation, Cebu City has raised its own concerns regarding projects being constructed within its jurisdiction. Archival spearheaded various inspections of these projects, assessed their integrity, and called out the DPWH over delays in the completion not only of flood control initiatives but also of other infrastructure projects.

Since then, Archival has announced that, for future DPWH flood control projects in Cebu City, he is firm on holding contractors liable for damages and delays. This will begin with requiring them to submit a COU.

Failure to submit this undertaking will result in the city withholding the permit to proceed.

He said this measure is necessary as the Cebu City Government currently has no direct control over DPWH contractors. The city can only lament the delays, as the contractors report directly to the DPWH.

Among Archival’s proposals is the imposition of a 5% penalty based on 10% of the overall project cost. To avoid legal technicalities, he emphasized that the commitment must come directly from the contractors and be formalized through a COU. — (FREEMAN)