Request submitted to FM Conway regarding LOHAC contract
Request ID: FOI-2728-1718
Date published: 27 December 2017
You asked
Dear Sirs
LOHAC rates
We note your involvement in road maintenance on behalf of TfL and that in mid-2016 you have raised the following charges:
• Ganger £36.28 / hour
• IRU Labour £35.32 / hour
• IRU Unit £119.50 / hour
• Traffic Management Fee £1,552.50
The IRU Unit represents a substantial charge, exceeding some of the largest vehicles we encounter on motorways, let along within London’s congested areas.
The ‘Traffic Management Fee’ appears to be a fixed sum added to the invoices without:
• evidence of this being engaged
• breakdown of the charges
• additional staff or resources being associated
We are seeking information about your charges generally. Whilst mindful you are not a Public Authority, we question whether the contract you have entered into with Tfl places a responsibility upon you to address Freedom of Information Act requests.
Please:
1. provide the relevant extract from the contact that deals with Freedom of information Act requests or approaches for information
In the event you are responsible for FoIA requests we ask to be provided the following, if not, we ask that the request is forwarded to TfL and we are advised when this has occurred and to whom the matter has transferred.
With regard to the charges, specifically Third Party damage costs which we understand to be addressed in section 2.24 of the contract, we ask to be provided:
2. the contract Price List insofar as it relates to:
a. Ganger
b. IRU Labour
c. IRU Unit
d. Traffic Management Fee
3. additionally, the make up (breakdown) of the Traffic Management fee and
4. how this differs from the ‘call out charges’ and
5. to when ‘call out’ charges apply and
6. the basis upon which these fixed charges (minimum 10 hours) are considered payable by Third Parties and
7. why, in the alternative, it is not considered appropriate to charge for the actual time in attendance and resources engaged by reference to, as an example, the ‘response to and repair of incidental’ schedule of rates.
Please note the Freedom of information Act places a limit of 20 working days upon the supply of information i.e. in the event you are not subject to FoIA or not prepared to release the information in the usual course of business, this email should be forwarded to TfL without delay.
Our thanks in anticipation.
Yours faithfully
We answered
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we hold some of the information you require.
You asked:
1. provide the relevant extract from the contact that deals with Freedom of information Act requests or approaches for information
22.1 The Contractor acknowledges that each Employer may be subject to the Freedom of Information Act 2000 and all subordinate legislation made under it, together with the Environmental Information Regulations 2004 (and any provisions that replace these) and any guidance issued by the Information Commissioner, the Ministry of Justice, or the Department for Environment Food and Rural Affairs (including in each case its successors or assigns) in relation to such legislation and agrees to assist and co-operate and procure that its Subcontractors assist and co-operate with each Employer to enable each Employer to comply with its obligations under such legislation including providing to an Employer such information as that Employer may reasonably request concerning this Framework Agreement and any relevant Call-Off Contract within 3 Business Days of a request from the Employer. The Contractor further acknowledges that each Employer may be obliged under such legislation to disclose information without consulting or obtaining consent from the Contractor. Without prejudice to the generality of the foregoing the Contractor transfers to the appropriate Employer any request for information under the Act that it receives as soon as reasonably practicable. The Contractor does not itself respond to any person making such a request save to acknowledge receipt, unless expressly authorised to do so by the appropriate Employer. This clause survives the expiry or termination of this Framework Agreement.
With regard to the charges, specifically Third Party damage costs which we understand to be addressed in section 2.24 of the contract, we ask to be provided:
2. the contract Price List insofar as it relates to:
a. Ganger
b. IRU Labour
c. IRU Unit
d. Traffic Management Fee
3. additionally, the make up (breakdown) of the Traffic Management fee and
4. how this differs from the ‘call out charges’ and
5. to when ‘call out’ charges apply and
6. the basis upon which these fixed charges (minimum 10 hours) are considered payable by Third Parties and
7. why, in the alternative, it is not considered appropriate to charge for the actual time in attendance and resources engaged by reference to, as an example, the ‘response to and repair of incidental’ schedule of rates.
TfL does not hold this information in relation to Third Party damage costs addressed in section 2.24 of the contract.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Simon Guild
Information Access Manager
FOI Case Management Team
General Counsel
Transport for London
[email protected]
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