Statistics for 6 Improvement projects: EIR release

FOI reference: FOI/18/01255
Date received: 30 April 2018
Date responded: 7 June 2018

Information requested

The following statistics for each of the following projects Forth Replacement Crossing, M8 M73 M74 Motorway Improvements, Aberdeen Western Peripheral Route, A9 Dualling Kincraig to Dalraddy;

1. Planned Completion Date of each Project
2. Issuance of Permit to Use for each of the Projects (where applicable)
3. The contractual date within each project's contract where delay damages/liquidated damages should be applied.
4. The sum of the delay damages/liquidated damages levied against each Contract to date.
5. The number of defects currently identified within each project.
6. The number of non Sector Scheme Approved Subcontractors carrying out activities on the projects in disciplines which there are National Sector Scheme Accreditations (i.e road restraint systems, street lighting, communications infrastructure)
7. The Contractual stipulation within each of the project's Contract to engage with Sector Scheme Approved Subcontractors.
8. Finally can the responder provide a list of occurrences, both date and location, since January 1st 2017, where Transport Scotland representatives (whether directly employed or provided through a consultancy) have been in attendance at non-work events with Subcontractors who are non Sector Scheme Accredited and provide confirmation which party paid. By non-work events, please include sporting events, dinners, clay pigeon shooting."

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Response

Aberdeen Western Peripheral Route/Balmedie to Tipperty (AWPR/B-T) project

1. Planned Completion Date of each project

An exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by Aberdeen Roads Limited and thus cause substantial harm to their commercial interests.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information relating to the completion of the project, as part of open and transparent government. However,there is a greater public interest in protecting the industrial interests of companies which enter into contracts with the Scottish Ministers.

Notwithstanding this, reference to project completion is made within the contract for the project which can be found on the Transport Scotland website at the following link:

https://www.transport.gov.scot/projects/aberdeen-western-peripheral-route-balmedie-to-tipperty/document-library/

2. Issuance of Permit to Use for each of the projects (where applicable)

The first permit to use (PTU1) was issued on 22 September 2016 which allowed the opening of the Craibstone and Dyce Drive junctions. Remaining permits to use will be issued upon substantial completion of relevant phases.

3. The contractual date within each project's contract where delay damages/liquidated damages should be applied.

Delay damages/liquidated damages do not apply to the AWPR/B-T NPD contract.

4. The sum of the delay damages/liquidated damages levied against each Contract to date.

Delay damages/liquidated damages do not apply to the AWPR/B-T NPD contract.

5. The number of defects currently identified within each project

There are no defects associated with the Craibstone and Dyce junctions, other than those which are considered to be snagging and finishing works which is normal on a project of this scale and complexity. The remainder of the AWPR/B-T project is still under construction.

6. The number of non Sector Scheme Approved Subcontractors carrying out activities on the projects in disciplines which there are National Sector Scheme Accreditations (i.e road restraint systems, street lighting, communications infrastructure)

While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. While we recognise there may be some public interest in the number of non Sector Scheme Approved Subcontractors carrying out activities on the projects in disciplines, clearly we cannot provide information which we do not hold.

We do not hold a list of non sector scheme approved contractors.

7. The Contractual stipulation within each of the project's Contract to engage with Sector Scheme Approved Subcontractors.

The AWPR/B-T contract is published on the Transport Scotland Website:

https://www.transport.gov.scot/media/34166/awpr-bt-contract-schedule-2-web-version.pdf The contract (under Schedule 2 Part 1 Clause 2.1.2) requires compliance with the Manual of Contract Documents for Highway Works (MCHW). It is the MCHW that requires the Contractor to comply with the National Highway Sector Scheme Accreditations.

8. Finally can the responder provide a list of occurrences, both date and location, since January 1st 2017, where Transport Scotland representatives (whether directly employed or provided through a consultancy) have been in attendance at non-work events with Subcontractors who are non- Sector Scheme Accredited and provide confirmation which party paid. By non-work events, please include sporting events, dinners, clay pigeon shooting.'

While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. While we recognise there may be some public interest in details of where Transport Scotland representatives (whether directly employed or provided through a consultancy) have been in attendance at non-work events with Subcontractors who are non- Sector Scheme Accredited, clearly we cannot provide information which we do not hold.

M8 M73 M74 Motorway Improvements Project

1. Planned Completion Date of each Project

An exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by Scottish Roads Partnership and thus cause substantial harm to their commercial interests.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information relating to the completion of the project, as part of open and transparent government. However, there is a greater public interest in protecting the industrial interests of companies which enter into contracts with the Scottish Ministers.

Notwithstanding this, reference to project completion is made within the contract for the project which can be found on the Transport Scotland website at the following link:

https://www.transport.gov.scot/projects/m8-m73-m74-motorway-improvements/document-library/m8-m73-m74-contract-documentation/

2. Issuance of Permit to Use for each of the Projects (where applicable)

The permit to use for the Raith underpass was issued on 16 February 2017. The permit to use for the remainder of the project was issued on 1 June 2017.

3. The contractual date within each project's contract where delay damages/liquidated damages should be applied.

Delay damages/liquidated damages do not apply to the M8 M73 M74 Improvements NPD contract.

You can find further details of the contract for the M8 M73 M74 Improvements Project at the following link:

https://www.transport.gov.scot/projects/m8-m73-m74-motorway-improvements/document-library/m8-m73-m74-contract-documentation/

4. The sum of the delay damages/liquidated damages levied against each Contract to date.

Delay damages/liquidated damages do not apply to the M8 M73 M74 Improvements NPD contract.

5. The number of defects currently identified within each project.

There are no defects, however there are on-going snagging and finishing works which is normal on a project of this scale and complexity.

6. The number of non Sector Scheme Approved Subcontractors carrying out activities on the projects in disciplines which there are National Sector Scheme Accreditations (i.e road restraint systems, street lighting, communications infrastructure)

While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. While we recognise there may be some public interest in the number of non Sector Scheme Approved Subcontractors carrying out activities on the projects in disciplines, clearly we cannot provide information which we do not hold.

We do not hold a list of non sector scheme approved contractors.

7. The Contractual stipulation within each of the project's Contract to engage with Sector Scheme Approved Subcontractors.

The M8 M73 M74 Motorway Improvements project contract is published on the Transport Scotland Website:

https://www.transport.gov.scot/projects/m8-m73-m74-motorway-improvements/document-library/m8-m73-m74-contract-documentation/

The contract (under Schedule 2 Part 1 Clause 2.1.2) requires compliance with the Manual of Contract Documents for Highway Works (MCHW). It is the MCHW that requires the Contractor to comply with the National Highway Sector Scheme Accreditations.

8. Finally can the responder provide a list of occurrences, both date and location, since January 1st 2017, where Transport Scotland representatives (whether directly employed or provided through a consultancy) have been in attendance at non-work events with Subcontractors who are non- Sector Scheme Accredited and provide confirmation which party paid. By non-work events, please include sporting events, dinners, clay pigeon shooting.

While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption.

While we recognise there may be some public interest in details of where Transport Scotland representatives (whether directly employed or provided through a consultancy) have been in attendance at non-work events with Subcontractors who are non- Sector Scheme Accredited, clearly we cannot provide information which we do not hold.

A9 Dualling: Kincraig to Dalraddy Project

1. Planned Completion Date of each Project

The planned original completion date was 27 July 2017 It became fully operational to traffic on 30 September 2017.

2. Issuance of Permit to Use for each of the Projects (where applicable)

Permit to use does not apply to this project. This section became fully operational to traffic on 30 September 2017.

3. The contractual date within each project's contract where delay damages/liquidated damages should be applied.

An exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial or industrial information) applies to the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of industrial information provided by John Paul Wills Bros JV, the contractor for the project, and thus cause substantial harm to their interests.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the industrial interests of companies which enter into Transport Scotland contracts.

4. The sum of the delay damages/liquidated damages levied against each Contract to date.

An exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial or industrial information) applies to the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of industrial information provided by John Paul Wills Bros JV, contractor for the project, and thus cause substantial harm to their interests.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the industrial interests of companies which enter into Transport Scotland contracts.

5. The number of defects currently identified within each project.

There are no defects associated with the Kincraig to Dalraddy project, other than those which are considered to be snagging and finishing works which is normal on a project of this scale and complexity.

6. The number of non Sector Scheme Approved Subcontractors carrying out activities on the projects in disciplines which there are National Sector Scheme Accreditations (i.e road restraint systems, street lighting, communications infrastructure).

While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. While we recognise there may be some public interest in the number of non Sector Scheme Approved Subcontractors carrying out activities on the projects in disciplines, clearly we cannot provide information which we do not hold.

We do not hold a list of non sector scheme approved contractors

7. The Contractual stipulation within each of the project's Contract to engage with Sector Scheme Approved Subcontractors.

It is a requirement of the Contract (Clause 1.4.1 of Part 1 of Volume 3 – Employers Requirements) that the Contractor complies with Manual of Contract Documents for Highway Works (MCHW). It is the MCHW that requires the Contractor to comply with the National Highway Sector Scheme Accreditations.

8. Finally can the responder provide a list of occurrences, both date and location, since January 1st 2017, where Transport Scotland representatives (whether directly employed or provided through a consultancy) have been in attendance at non-work events with Subcontractors who are non- Sector Scheme Accredited and provide confirmation which party paid. By non-work events, please include sporting events, dinners, clay pigeon shooting.

While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. While we recognise there may be some public interest in details of where Transport Scotland representatives (whether directly employed or provided through a consultancy) have been in attendance at non-work events with Subcontractors who are non- Sector Scheme Accredited, clearly we cannot provide information which we do not hold.

Forth Replacement Crossing

1. Planned Completion Date of each Project

The original contractual completion date for the Forth Replacement Crossing Principal Contract was – 17 June 2017.

2. Issuance of Permit to Use for each of the Projects (where applicable)

Permit to use does not apply to this project. The Queensferry Crossing opened to traffic on 30 August 2017.

3. The contractual date within each project's contract where delay damages/liquidated damages should be applied.

An exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial or industrial information) applies to the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of industrial information provided by Forth Crossing Bridge Constructors - FCBC, the contractor for the project, and thus cause substantial harm to their interests.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the industrial interests of companies which enter into Transport Scotland contracts.

4. The sum of the delay damages/liquidated damages levied against each Contract to date.

An exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial or industrial information) applies to the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of industrial information provided by Forth Crossing Bridge Constructors, the contractor for the project, and thus cause substantial harm to their interests.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the industrial interests of companies which enter into Transport Scotland contracts.

5. The number of defects currently identified within each project.

This information is refused under section 33.(1)(b) of the Environmental Information (Scotland) Regulations 2004.

The reason the information is refused is that disclosure of this information would (or would be likely to) prejudice substantially the commercial interests of the contractors FCBC - Forth Crossing Bridge Constructors.

6. The number of non Sector Scheme Approved Subcontractors carrying out activities on the projects in disciplines which there are National Sector Scheme Accreditations (i.e road restraint systems, street lighting, communications infrastructure)

While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. While we recognise there may be some public interest in the number of non Sector Scheme Approved Subcontractors carrying out activities on the projects in disciplines, clearly we cannot provide information which we do not hold.

We do not hold a list of non sector scheme approved contractors

7. The Contractual stipulation within each of the project's Contract to engage with Sector Scheme Approved Subcontractors.

It is a requirement of the Contract that the Contractor complies with Manual of Contract Documents for Highway Works (MCHW). It is the MCHW that requires the Contractor to comply with the National Highway Sector Scheme Accreditations.

8. Finally can the responder provide a list of occurrences, both date and location, since January 1st 2017, where Transport Scotland representatives (whether directly employed or provided through a consultancy) have been in attendance at non-work events with Subcontractors who are non- Sector Scheme Accredited and provide confirmation which party paid. By non-work events, please include sporting events, dinners, clay pigeon shooting.

While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. While we recognise there may be some public interest in details of where Transport Scotland representatives (whether directly employed or provided through a consultancy) have been in attendance at non-work events with Subcontractors who are non- Sector Scheme Accredited, clearly we cannot provide information which we do not hold.

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