Cebu City Mayor Nestor Archival admitted that most public works contractors are hesitant to sign a commitment of undertaking, fearing they might not be able to complete their projects within the contracted timeline.
Archival said requiring all Department of Public Works and Highways (DPWH) contractors to sign an undertaking with the city government remains a challenge. In fact, only one contractor has submitted a commitment so far.
Despite his call for the voluntary submission of the undertaking for several weeks now since the DPWH projects came into question, Archival said only KIMWA Construction and Development Corporation-the contractor behind the road project near Marco Polo-has complied.
‘But all the others, mura’g makuyawan pa sila mo-promise nga i-deliver nila nga di sila ka deliver,’ said Archival.
In line with this, Archival said that for future projects the city will undertake, contractors will be required to sign the undertaking with the Technical Infrastructure Committee (TIC) before being granted a permit for excavations.
‘So sa mga bag-ong projects, di naman jud sila ka sugot kung wala to’ng undertaking, so sila nay mohatag og deadline,’ he said.
He added that for ongoing projects that have not yet been completed, the city cannot immediately compel the submission of the undertaking. For now, contractors can only be encouraged to comply. However, he reiterated that most are reluctant to do so, fearing they cannot meet the deadlines they commit to.
‘Which I think unfair para nato kay naa may kontrata, nganong di man na nimo humanon,’ said Archival.
A resolution from the Cebu City Council has already authorized the Cebu City Legal Office (CLO) to draft and recommend the necessary legal framework requiring DPWH contractors to sign an undertaking of commitment to ensure accountability.
For weeks, following public clamor over alleged irregularities in flood control projects nationwide, Cebu City has raised its own concerns about DPWH projects within its jurisdiction. Archival has led several inspections, assessed the integrity of these projects, and called out the DPWH over delays not only in flood control initiatives but also in other infrastructure works.
Since then, Archival has announced that for future DPWH flood control projects in the city, he is firm on holding contractors liable for damages and delays. This will begin with requiring them to submit an undertaking of commitment.
Failure to submit the undertaking, he said, will result in the city withholding the permit to proceed.
According to Archival, this measure is necessary because the Cebu City Government currently has no direct control over DPWH contractors, who report directly to the national agency. He stressed that the city can only express frustration over the delays.
Among his proposals is the imposition of a five percent penalty based on ten percent of the overall project cost. To avoid legal technicalities, Archival emphasized that the commitment must come directly from the contractors and be formalized through the undertaking of commitment.