Republic of the Philippines

Department of Agriculture
BUREAU OF FISHERIES AND AQUATIC RESOURCES XI
R. Magsaysay Ave., Davao City

March 25, 2019

FOR : FATMA M. IDIRS, CESO V

Regional Director

THRU : EVELYN F. BASCO

OIC-Finance and Admin

RELLY B. GARCIA
OIC-Legal Unit

SUBJECT : Request of Work Suspension for Construction of the proposed Three

(3) Storey BFAR XI Regional Office Building

With reference to the herein letter dated 21 March 2019 of Engr. Juvany A. Verallo, Project
Engineer of Aguero Construction, requesting for a work suspension relative to the above-
mentioned project, hereunder are our findings, evaluation and recommendation:

A. CONTRACTUAL DATA

Name : Construction of the proposed Three (3) Storey BFAR

XI Regional Office Building
Location : Ramon Magsaysay Avenue, Davao City
Contractor : Aguero Construction
Contract Amount : P 43,287,385.79
Revised Contract Amount : P 47,321,733.51
Original Contract Time : 240 Calendar Days
Revised Contract Time : 360 Calendar Days
Date of Effectivity : August 20, 2018
Original Expiry Date : April 17, 2019
Revised Expiry Date : August 14, 2019
Approved Time Extension : 120 Calendar Days
Total Calendar Days Elapsed to : 218 Calendar Days
date
Percentage of Time Elapsed : 60.55 %
Schedule of Work Accomplished : 34.74 %
Percentage of Work Accomplished : 26.77 %
Slippage : -7.97 %

B. FACTS/FINDINGS:

1. The project’s scope of work are; Earthworks, Structural Works, Metal Works,
Architectural Works, Thermal and Moist Protection, Openings, Finishes, Specialties,
Fire Protection System, Piping System, Plumbing Works, Heating, Ventilating and Air
Condition System, Electrical Works, Communications, Electrical Safety Security.

2. A construction meeting was conducted involving the Implementing Office, the

contractor, and Engineers with regards to the suspension of work.

3. Different concerns were discussed during the meeting period and one of them was
the suspension of work due to the curing period.
 4. The contractor cannot fully undertake the construction activities due to the pending
of curing period for the pedestals.

5. The contractor, in his letter dated 21 March 2019 requested for suspension of work
activities due to the curing period of concrete.

6. The affected critical activities due to the aforementioned problem are the following:
Structural Works, Metal Works, Architectural Works, Thermal and Moist Protection,
Openings, Finishes, Specialties, Fire Protection System, Piping System, Plumbing
Works, Heating, Ventilating and Air Condition System, Electrical Works,
Communications, Electrical Safety Security.

C. EVALUATION:

1. Curing period is part of the contract duration of the project.

2. The contractor’s request for work suspension is unjustifiable pursuant to Section 9.2 of
Annex “E” of the IRR of RA 9184, which states that “The contractor or its duly authorized
representative shall have the right to suspend work operation on any or all
projects/activities along the critical path of activities after fifteen (15) calendar days from
date of receipt of written notice from the contractor to the district engineer/regional
director/consultant or equivalent official, as the case may be, due to the following:

a. There exist right-of-way problems which prohibit the contractor from

performing work in accordance with the approved construction schedule.

b. Requisite construction plans which must be owner-furnished are not issued to the
contractor precluding any work called for by such plans.

c. Peace and order conditions make it extremely dangerous, if not possible, to work.
However, this condition must be certified in writing by the Philippine National Police
(PNP) station which has responsibility over the affected area and confirmed by the
Department of Interior and Local Government (DILG) Regional Director.

d. There is failure on the part of the procuring entity to deliver government furnished
materials and equipment as stipulated in the contract.

e. Delay in the payment of contractor's claim for progress billing beyond fortyfive (45)
calendar days from the time the contractor's claim has been certified to by the
procuring entity’s authorized representative that the documents are complete unless
there are justifiable reasons thereof which shall be communicated in writing to the
contractor.”

D. RECOMMENDATION:

Based on the validation we have conducted to verify the justifiability for the requested
28 days suspension of work, we hereby recommend for disapproval of the suspension of
work.

ABDULLAH Y. MANGATONG
ENGINEER II

Encl. (1) Letter request of contractor dated 21 March 2019