I ask to be provided, with regard to damage to 'street furniture' 1. a copy of the contract with Kier Highways Ltd for damage to street furniture attendance and repairs 2. the schedule of costs for works on the highways i.e. staff, operatives, plant and materials charged to the Council and; a. whether the Council is charged, for any works, by Kier Highways by using CECA rates 3. the schedule of costs for works on the highways i.e. staff, operatives, plant and materials charged to Third Parties 4. The basis upon which Kier Highways Ltd is to charge at-fault Third Parties for example: a. cost-plus uplift b. using the same base rates as charged to the Council in the event a culprit is unidentified 5. The protection the council put in place to prevent Third Parties being overcharged i.e. the agreement that prevents the practice of Kier Highways profiting from claims - see: http://www.englandhighways.co.uk/inflati... 6. a copy of any insurance you possess for damage to such property 7. a copy of the authority in place permitting Kier Highways to commence proceedings in your name and 8. the process agreed with Kier highways and/or their lawyers, for approaching Third parties, many of whom will be your constituents, for reimbursement such that they are treated fairly, reasonably and not subject to unreasonable processes or costs.

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Our Ref:         FOI-1706-2021

Thank you for your request received on 26 November 2020 asking for information about Kier Highways.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we hold some of the information you require. You asked for:

1. a copy of the contract with Kier Highways Ltd for damage to street furniture attendance and repairs
2. the schedule of costs for works on the highways i.e. staff, operatives, plant and materials charged to the Council and; a. whether the Council is charged, for any works, by Kier Highways by using CECA rates

The LoHAC contract includes reactive repairs under a lumpsum which includes damage to street furniture. A copy of the LoHAC contract has been provided to you previously in our correspondence of 25 April 2018 (https://www.whatdotheyknow.com/request/kier_highways_contract_slas). Information regarding the schedule of costs for works has previously been withheld under section 43(2) – prejudice to commercial interests. Please refer to the decision notices issued by the Information Commissioner regarding the contract and the application of this exemption:

https://ico.org.uk/media/action-weve-taken/decision-notices/2018/2173211/fs50688840.pdf
https://ico.org.uk/media/action-weve-taken/decision-notices/2019/2616385/fs50848643.pdf
https://ico.org.uk/media/action-weve-taken/decision-notices/2019/2615082/fs50764553.pdf
https://ico.org.uk/media/action-weve-taken/decision-notices/2018/2258452/fs50693918.pdf
https://ico.org.uk/media/action-weve-taken/decision-notices/2018/2173211/fs50688840.pdf

3. the schedule of costs for works on the highways i.e. staff, operatives, plant and materials charged to Third Parties

TfL does not have a schedule of costs for works on the highways i.e. staff, operatives, plant and materials charged to third parties.

4. The basis upon which Kier Highways Ltd is to charge at-fault Third Parties for example:
a. cost-plus uplift
b. using the same base rates as charged to the Council in the event a culprit is unidentified

We do not hold information on any arrangements councils have with Kier Highways Ltd. The LoHAC contract includes the following third party clause.

2.24 3rd Party Damage
2.24.1 Subject to the Employer selecting service 24 – 3rd Party Damage – reactive
works – the Contractor shall permanently repair 3rd party damage to
Employer assets within the Affected Property and be reimbursed through a
lump sum where all of the following apply:
• the damage was not the result of a fatal accident;
• the damage was not caused by the Employer or anyone acting directly on
his behalf; and
• the estimated cost of permanent repair is not more than £10,000 based on
the contract Price List.
2.24.2 Clause 2.24.1 supersedes the value limits placed on reactive activities
reimbursed as a lump sum detailed in clause 2.0.3.4.
2.24.3 In the above circumstances, the Contractor will be expected to supplement
payment through the lump sum by recovering costs from the relevant 3rd
party for his own benefit.

5. The protection the council put in place to prevent Third Parties being overcharged i.e. the agreement that prevents the practice of Kier Highways profiting from claims - see: http://www.englandhighways.co.uk/inflati...

As stated in the first ICO Decision Notice referenced above, TfL does not hold information on the prices charged to third parties or the process they follow when collecting these charges as the contract does not provide a provision for this.

6. a copy of any insurance you possess for damage to such property

Damage for such property is covered by the LoHAC contracts rather than insurance, therefore we do not hold this information.

7. a copy of the authority in place permitting Kier Highways to commence proceedings in your name and

There is no general authority to issue proceedings in TfL’s name.

8. the process agreed with Kier highways and/or their lawyers, for approaching Third parties, many of whom will be your constituents, for reimbursement such that they are treated fairly, reasonably and not subject to unreasonable processes or costs.

The LoHAC Best Value clause is shown below:

17. Quality and Best Value

17.1 The contractor acknowledges that each employer is a best value authority for the purposes of the Local Government Act 1999 and as such an employer may be required to make arrangements to secure continuous improvement in the way it exercises its functions, having regard to a combination of economy, efficiency and effectiveness. The contractor assists each employer (where applicable) to discharge each employer’s duty where possible and, in doing so, inter alia carries out any review reasonably requested by the employer.

If this is not the information you are looking for please feel free to contact me.

If you are considering submitting a further FOI request please think carefully about whether the request is essential at this current time, as answering FOI requests will require the use of limited resources and the attention of staff who could be supporting other essential activity. Where requests are made, please note that our response time may be impacted by the current situation.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Gemma Jacob
Senior FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]

 

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