Cebu City dad makes move against road maintenance malpractices

Local

ALARMED by roads that continue to rise in elevation that contributes to worsening flooding, a Cebu City councilor has proposed stricter engineering standards and penalties for substandard road repairs.

Councilor Alvin Arcilla has filed a proposed ordinance prescribing detailed guidelines for road repairs, prohibiting successive overlaying without proper milling, and imposing sanctions on government personnel and contractors for non-compliance.

The measure, referred to the City Council’s committee on laws, seeks to address what Arcilla described as a recurring problem in the city’s road maintenance practices.

In the proposed ordinance, Arcilla noted that several roads in Cebu City have continued to rise in elevation due to repetitive asphalt or concrete overlaying without proper scraping or milling of the existing surface.

The accumulation of pavement layers, he said, contributes to the shrinking of sidewalks, obstruction of stormwater flow, and street flooding.

It also departs from standard road engineering practices and results in increased maintenance costs.

The measure also flags the common practice of patching potholes without “squaring” or properly scrapping damaged portions, a shortcut that leads to short-lived and low-quality repairs.

Under Section 1 of the proposed ordinance, scrapping must not be done merely for compliance or superficial scarring of the surface.

It must be “sufficiently deep and thorough” to remove the entire damaged portion of the road and ensure a sound and stable base for the new overlay or repair.

Any patching conducted without such preparatory work will be considered non-compliant and subject to sanctions.

Section 2 strictly prohibits successive asphalt or concrete overlaying without milling, scraping, or lowering the base level.

Contractors and implementing agencies must adhere to approved elevation plans to prevent road rise that could worsen flooding and inconvenience pedestrians.

The ordinance outlines administrative accountability for both city personnel and private contractors.

Government officials, particularly heads of offices and assistant heads, who allow or conduct repairs that violate the ordinance may be held liable for Simple Negligence under Civil Service rules for a first offense, which may carry suspension.

Repeated violations, defined as at least two offenses, would constitute Gross Negligence, punishable by dismissal from service, forfeiture of benefits, and perpetual disqualification from government service, in accordance with Civil Service Commission rules.

Contractors found performing non-scrapping, non-squaring, or substandard repair works would be held administratively and contractually liable under applicable procurement and civil laws.

The proposal also provides for liquidated damages equivalent to 10 percent of the total contract price for failure to correct violations related to improper scrapping or milling.

If a contractor fails to rectify the violation within 15 calendar days from receipt of written notice, the measure authorizes blacklisting and disqualification from future infrastructure projects in Cebu City, forfeiture of the performance bond, and possible additional civil, administrative, or criminal liability under existing laws.

The Department of Engineering and Public Works (DEPW), in coordination with the City Planning and Development Office and the City Legal Office, would be tasked to implement and monitor compliance with the ordinance.

If approved, the measure will take effect immediately upon approval and publication in a newspaper of local circulation.

The proposal is now under review by the committee on laws before it is returned to the council for further deliberation and possible approval.(TGP)