Kier Highways Road Maintenance

Waiting for an internal review by Hillingdon Borough Council of their handling of this request.

Dear Hillingdon Borough Council,

I ask to be provided the following information about your Highways contractor, Kier Highways Ltd:
1. A copy of the contact insofar as it relates to claiming costs for repairs from at-fault third parties and:
a. The protection the contract affords Third parties from excessive charging
b. The obligations placed on the contractor to provide information to third parties

2. The Service Level Agreement for Kier’s response to emergency incidents; the time from notification to attendance

3. Whether debris clearance, if the only ‘damage’ arising following an emergency incident, is a chargeable event to the council

4. The coverage Kier are to provide for attending emergency incidents, the provision of their Asset Incident watchmen (AIW’s) i.e. whether this is 24/7 or otherwise and

a. whether the service agreed is one of employed (AIW) staff on duty 24/7 or a standby service. If the latter, at what times are standby staff agreed to be operating.
b. What times do AIW’s operate i.e. the information in the Council’s possession of the hours AIW’s are on duty, employed and on the road (as opposed to at home on standby).
c. The number of AIW’s employed within the Council’s road network

5. Whether the council are charged a multiplier on hours worked by Kier Highways operatives where Kier’s operatives work outside 8am to 5pm of a non-holiday weekday and if so, the rates applied or minimum charges incurred.

6. The schedule of charges agreed with Kier Highways for services and

a. Where there is no culprit for your contractor to claim from, do the Council make payment to the contractor either directly or as part of a lump-sum agreement?
b. If the charges to the Council, are by use of a fee for an item (staff, plant and materials) and an uplift / overhead, please advise the latter.

7. What is the basis of any annual increase in charges to the Council by the contractor

8. A copy of the last audit of Kier’s highways activities.

Yours faithfully,

Mr P Swift

Dear Hillingdon Borough Council,

with regard to Kier Highways Ltd.

You likely know them as:
EM HIGHWAY SERVICES LIMITED 20 Aug 2013 - 16 Oct 2015
ENTERPRISEMOUCHEL LIMITED 02 Jun 2008 - 20 Aug 2013

Page 6 of their accounts to 30/09/2014 lists London Borough of Hillingdon as a contract from 04/2007 to 03/2014.

When responding, please provide the reasons for their termination, the non-continuance.

Yours faithfully,

Mr P Swift

Residents Services FOI, Hillingdon Borough Council

Dear Mr P Swift,

I am writing in response to your request for information under the Freedom
of Information Act 2000, received 18/10/17. 

Under the Freedom of Information Act 2000 we have 20 working days to
respond to your request.  Therefore the deadline for our response
is 15/11/17.

If we require further information or clarification from you in order to
assist us in responding to your request, or if we require a fee to be paid
before we can respond we will contact you shortly.

 

Yours sincerely

 

Michelle Barber

Members Liaison Officer /FOI Officer

Resident Services

Dear Residents Services FOI,

thank you

Yours sincerely,

Mr P Swift

FOI ., Hillingdon Borough Council

FOI 6243491

Dear Mr P Swift

 

 

I am writing in response to your request for information below.

 

As I understand it you are seeking to know:

I ask to be provided the following information about your Highways
contractor, Kier Highways Ltd:
1.      A copy of the contact insofar as it relates to claiming costs for
repairs
from at-fault third parties and:
a.      The protection the contract affords Third parties from excessive
charging
b.      The obligations placed on the contractor to provide information to
third
parties

2.      The Service Level Agreement for Kier’s response to emergency
incidents;
the time from notification to attendance

3.      Whether debris clearance, if the only ‘damage’ arising following
an
emergency incident, is a chargeable event to the council

4.      The coverage Kier are to provide for attending emergency
incidents, the
provision of their Asset Incident watchmen (AIW’s) i.e. whether this is
24/7
or otherwise and

a.      whether the service agreed is one of employed (AIW) staff on duty
24/7 or
a standby service.  If the latter, at what times are standby staff agreed
to
be operating.
b.      What times do AIW’s operate i.e. the information in the Council’s
possession of the hours AIW’s are on duty, employed and on the road (as
opposed to at home on standby).
c.      The number of AIW’s employed within the Council’s road network

5.      Whether the council are charged a multiplier on hours worked by
Kier
Highways operatives where Kier’s operatives work outside 8am to 5pm of a
non-holiday weekday and if so, the rates applied or minimum charges
incurred.

6.      The schedule of charges agreed with Kier Highways for services and

a.      Where there is no culprit for your contractor to claim from, do
the
Council make payment to the contractor either directly or as part of a
lump-sum agreement?
b.      If the charges to the Council, are by use of a fee for an item
(staff,
plant and materials) and an uplift / overhead, please advise the latter.

7.      What is the basis of any annual increase in charges to the Council
by the
contractor

8.      A copy of the last audit of Kier’s highways activities.

 

There was no direct contractual relationship with the council, hence the
council do not hold the information requested.

 

If you have any queries regarding this matter please do not hesitate to
contact me.

If you wish to request an internal review of our response you should
write, within 2 months, to:

Office Managing Partner, Legal Services, Civic Centre, High St, Uxbridge,
UB8 1UW (or via email to [1][Hillingdon Borough Council request email] marked for the attention
of the Office Managing Partner).

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you have
the right to apply to the Information Commissioner for a decision. The
Information Commissioner can be contacted at: Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

 

Siobhan Tierney

Senior Business Support Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)

show quoted sections

Dear FOI .,

I refer you to my statement:

'Page 6 of their accounts to 30/09/2014 lists London Borough of Hillingdon as a contract from 04/2007 to 03/2014.'

if there was no direct contractual relationship, what was the relationship and what information is held?

the accounts clearly refer to a '5 year contract duration'.

the accounts can be found here (se epage 6):
https://s3-eu-west-1.amazonaws.com/docum...

Yours sincerely,

Mr P Swift

FOI ., Hillingdon Borough Council

Dear Mr Swift

 

 

I am writing in response to your email. Unfortunately the link you have
provided does not work. Please can you download the document and send it
to us as an attachment, so that this can be reviewed.

 

 

If you have any queries regarding this matter please do not hesitate to
contact me.

If you wish to request an internal review of our response you should
write, within 2 months, to:

Office Managing Partner, Legal Services, Civic Centre, High St, Uxbridge,
UB8 1UW (or via email to [1][Hillingdon Borough Council request email] marked for the attention
of the Office Managing Partner).

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you have
the right to apply to the Information Commissioner for a decision. The
Information Commissioner can be contacted at: Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

 

Siobhan Tierney

Senior Business Support Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)

show quoted sections

Dear FOI .,

please try
goo.gl/sWC9yd

if this does not work, please advise an email address for forwarding

Yours sincerely,

Mr P Swift

FOI ., Hillingdon Borough Council

Dear Mr Swift
Unfortunately the link is not working - our email address is
[1][email address]
Thanks
Richard Ingle
Data Protection &
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)

show quoted sections

Dear FOI .,

i have cut and pasted goo.gl/sWC9yd into a browser and the pages display. However, if you wish me to email, please provide an email address in the format prefix[@]domain - this site removes identifiable email addresses.

or you could search 'companies house beta' input 'Kier Highways' or their Company number 05606089 and review the filing history document, the accounts 18/03/2015

please note, the company was:
EM HIGHWAY SERVICES LIMITED 20 Aug 2013 - 16 Oct 2015
ENTERPRISEMOUCHEL LIMITED 02 Jun 2008 - 20 Aug 2013

and you may hold records of the contract in a name above

Yours sincerely,

Mr P Swift

FOI ., Hillingdon Borough Council

Dear Mr Swift

 

Please send attachment to the FOI mailbox - foi[@][1]hillingdon.gov.uk

 

 

If you have any queries regarding this matter please do not hesitate to
contact me.

If you wish to request an internal review of our response you should
write, within 2 months, to:

Office Managing Partner, Legal Services, Civic Centre, High St, Uxbridge,
UB8 1UW (or via email to [2][Hillingdon Borough Council request email] marked for the attention
of the Office Managing Partner).

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you have
the right to apply to the Information Commissioner for a decision. The
Information Commissioner can be contacted at: Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

 

Siobhan Tierney

Senior Business Support Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)

Data Protection &
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)

show quoted sections

Dear FOI .,

Please confirm that you have received the email with the link

thank you

Yours sincerely,

Mr P Swift

FOI ., Hillingdon Borough Council

Dear Mr Swift
Yes, thank you that was helpful.
All being well I should be able to respond to you early next week.
Richard Ingle
Data Protection &
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)

show quoted sections

FOI ., Hillingdon Borough Council

FOI 6243491
Thank you for the further information you provided.  Based on this we can
respond as follows:
1.      A copy of the contact insofar as it relates to claiming costs for
repairs from at-fault third parties and: 
a.      The protection the contract affords Third parties from excessive
charging 
b.      The obligations placed on the contractor to provide information to
third
parties: 
No Information held.  Third party damage repair costs are claimed directly
by the Council not the Contractor. 
2.      The Service Level Agreement for Kier’s response to emergency
incidents; the time from notification to attendance: 
3.      Whether debris clearance, if the only ‘damage’ arising following
an emergency incident, is a chargeable event to the council 
No Information held.   Emergency response is undertaken by the Councils
DLO not the contractor
4.      The coverage Kier are to provide for attending emergency
incidents, the provision of their Asset Incident watchmen (AIW’s) i.e.
whether this is 24/7 or otherwise and 
a.      whether the service agreed is one of employed (AIW) staff on duty
24/7 or
a standby service.  If the latter, at what times are standby staff agreed
to
be operating. 
b.      What times do AIW’s operate i.e. the information in the Council’s
possession of the hours AIW’s are on duty, employed and on the road (as
opposed to at home on standby). 
c.      The number of AIW’s employed within the Council’s road network
No Information held.   Emergency response is undertaken by the Councils
DLO not the contractor

5.      Whether the council are charged a multiplier on hours worked by
Kier Highways operatives where Kier’s operatives work outside 8am to 5pm
of a non-holiday weekday and if so, the rates applied or minimum
charges incurred.
 An uplift is applicable for working outside of normal hours for highway
works. This does not apply for emergency incidents which are responded to
by the Councils DLO.

6.      The schedule of charges agreed with Kier Highways for services
and 
whilst we can confirm that we hold this data S43 (2) of the FOIA provides
that information is exempt from disclosure where disclosure would
prejudice the commercial interests of any person (including the public
authority holding it) 

 

We have considered the public interest in this matter and we note the
following: Although there is a public interest in the transparency of
public spending there is also a public interest in a public authority
achieving best value.  The disclosure of pricing information  and details
of how services are provided would allow other service providers to tailor
their prices/services accordingly which would lead to
uncompetitive tendering which is clearly not in the public interest.

a.      Where there is no culprit for your contractor to claim from, do
the Council make payment to the contractor either directly or as part of
a lump-sum agreement? 
b.      If the charges to the Council, are by use of a fee for an item
(staff, plant and materials) and an uplift / overhead, please advise the
latter. 
No Information held.  Third Party claims are pursued directly by the
Council not the Contractor.
7.      What is the basis of any annual increase in charges to the Council
by the contractor 
 Annual increases to the tendered scheduled of rates are based on Indices.
8.      A copy of the last audit of Kier’s highways activities.
No information held
If you have any queries regarding this matter please do not hesitate to
contact me.

If you wish to request an internal review of our response you should
write, within 2 months, to:

Office Managing Partner, Legal Services, Civic Centre, High St, Uxbridge,
UB8 1UW (or via email to [1][Hillingdon Borough Council request email] marked for the attention
of the Office Managing Partner).

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you have
the right to apply to the Information Commissioner for a decision. The
Information Commissioner can be contacted at: Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Richard Ingle FCILEx  
Data Protection & 
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)
On 15 November 2017 at 16:29, FOI . <[2][Hillingdon Borough Council request email]> wrote:

Dear Mr Swift

 

 

I am writing in response to your email. Unfortunately the link you have
provided does not work. Please can you download the document and send it
to us as an attachment, so that this can be reviewed.

 

 

If you have any queries regarding this matter please do not hesitate to
contact me.

If you wish to request an internal review of our response you should
write, within 2 months, to:

Office Managing Partner, Legal Services, Civic Centre, High St,
Uxbridge, UB8 1UW (or via email to [3][Hillingdon Borough Council request email] marked for
the attention of the Office Managing Partner).

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you have
the right to apply to the Information Commissioner for a decision. The
Information Commissioner can be contacted at: Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

 

Siobhan Tierney

Senior Business Support Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)

show quoted sections

Dear Hillingdon Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Hillingdon Borough Council's handling of my FOI request 'Kier Highways Road Maintenance'.

i do not accept the 'commercial interest' argument override the need to disclose.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/k...

Yours faithfully,

Mr P Swift