GMC Form 2 non-Crown SERVICES (3rd Edition)
Contract for Services
Contract Details
Regional Emissions Reduction Plan – Plan writing
The Parties
The Buyer:
Wellington Regional Council
On behalf of Wellington Regional Leadership Committee,
PO Box 11646, Manners Street
Wellington 6142
and
The Supplier:
Pollock Consulting Ltd
NZBN 9429043419203
188 Glanmire Road, Newlands, Wellington 6037
The Contract
Agreement
The Buyer appoints the Supplier to deliver the Services described in this Contract and the Supplier
accepts that appointment. This Contract sets out the Parties' rights and obligations.
Parts of this Contract
The documents forming this Contract are:
1.
Contract Details: This section
2.
Schedule 1: Description of Services
3.
Schedule 2: Standard Terms and Conditions GMC Form 2 SERVICES | Schedule 2 (3rd Edition)
available at: www.procurement.govt.nz
4.
Attachments described at Schedule 1.
How to read this Contract
• Together the above documents form the whole Contract
• Any Supplier terms and conditions do not apply
• Clause numbers refer to clauses in Schedule 2
• Words starting with capital letters have a special meaning. The special meaning is stated in the
Definitions section at clause 17 (Schedule 2).
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GMC Form 2 non-Crown SERVICES (3rd Edition)
Schedule 1
Description of Services
Contract Management and Personnel
Start Date
10/07/2023
Reference Schedule 2 clause 1
End Date
2/12/2023
Reference Schedule 2 clause 1
Renewal
not applicable.
Reference Schedule 2 clause 1
Contract Managers
Reference Schedule 2 clause 4
Buyer’s Contract Manager
Supplier’s Contract Manager
Name:
s7(2)(a)
s7(2)(a)
Title / position:
Programme Director
Senior Consultant
Address:
c/o Greater Wellington Regional
Level 2
Council, PO Box 11646, Manners St,
114 Lambton Quay
Wellington 6142
Wellington
Phone:
s7(2)(a)
s7(2)(a)
Email:
s7(2)(a) @gw.govt.nz
s7(2)(a) @pollock.nz
Addresses for Notices
Reference Schedule 2 clause 14
Buyer’s address
Supplier’s address
For the attention of:
Same as above
Pollock Consulting Ltd
c.c. Contract Manager
s7(2)(a)
Delivery address:
Level 2
114 Lambton Quay
Wellington
Postal address:
188 Glanmire Road, Newlands, 6037
Email:
s7(2)(a) @pollock.nz
Supplier’s Approved Personnel
Reference Schedule 2 clause 2.4
Approved Personnel
Name:
s7(2)(a)
Position:
Project Manager
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GMC Form 2 non-Crown SERVICES (3rd Edition)
Approved Personnel
Approved Personnel
Name
s7(2)(a)
Position:
Project Director
Name
s7(2)(a)
Position:
Managing Director
Description of Services
Context
The Regional Emissions Reduction Plan (referred to as Regional Emissions Reduction Strategy during
the RFQ process) is a Wellington Regional Leadership Committee project that sits under the Wellington
Reginal Growth Framework. The project purpose is to create a strategic approach to transition the
Wellington Region to net zero carbon by 2050. The project will deliver a strategic approach for how
the Wellington-Wairarapa-Horowhenua region transitions to a zero-carbon community, and outline
the key shifts and actions required to do this. The Plan will be underpinned by a carbon reduction
pathway plan (including scenario/options analysis) to reduce carbon emissions including timing, roles
and responsibilities and high-level costs.
Description of Services
We require you to develop the draft Regional Emissions Reduction Plan. This will involve attending a 24
July partners and stakeholder forum and synthesizing information from this along with work on carbon
reduction pathways, modelling, vision and targets that the Project team has already completed. We
require you to work with the Project Team via workshops to develop the Plan structure and content
map, and to deliver small workshops that explore specific areas of opportunity to reduce emissions at a
regional level. These smaller workshops will enable identification of the actions that will underpin the
Plan. The Plan should outline work that current state of play as well as work already underway to
reduce emissions, where the gaps are and how they might be filled via regional initiatives. We will
require you to incorporate a mana whenua perspective into the plan. This won’t require direct
engagement with mana whenua, and the Project Lead will outline the approach to this once it is
agreed with the Leadership Committee.
Deliverables and Milestones
Deliverable/Milestone
Performance Standards
Due date
Attend 24 July stakeholder Forum. Review
Attendance at Forum.
30/07/2023
existing project outputs and identify any
Project outputs reviewed to an
gaps.
acceptable standard as
determined by the Buyer.
Workshops with Core Group on plan
Workshops developed and
20/08/2023
content
delivered to an acceptable
Begin workshops with stakeholders on
standard as determined by the
areas of opportunity.
Buyer.
Develop prioritisation framework
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GMC Form 2 non-Crown SERVICES (3rd Edition)
Deliverable/Milestone
Performance Standards
Due date
Continue stakeholder workshops if
Plan drafted to an acceptable
30/09/2023
required.
standard as determined by the
Draft Plan developed
buyer.
Incorporate Wellington Regional
Based on WRLC and Councils
30/11/2023
Leadership Committee feedback into Plan. feedback continue to complete
Potential to attend Council workshops to
the plan to acceptable standard
gather feedback on the plan. Even if
as determined by the buyer.
attendance isn’t required this feedback will
need to be incorporated into Plan
Potential for further refinement of Plan
Complete and present the
08/12/2023
dependent on outcome of December
refinement plan to acceptable
WRLC meeting
standard as determined by the
buyer.
Specific code of conduct / policies/ health & safety / protective security / legislative
requirement
The Government’s Supplier Code of Conduct located at: https://www.procurement.govt.nz/broader-
outcomes/supplier-code-of-conduct/ applies, with appropriate amendments to recognise the Buyer’s
status as a Local Authority, to the Supplier under this Contract.
Supplier’s Reporting Requirements
Reference Schedule 2 clause 5.2
Report to:
Description of report
Due date
Project Lead, Arya Franklyn
Weekly update project progress Weekly
Project Lead, Arya Franklyn
Monthly update
Monthly
Project Lead, Arya Franklyn
Project completion report
30/11/2023
Charges
The following section sets out the Charges. Charges are the total maximum amount payable by the
Buyer to the Supplier for delivery of the Services. Charges include Fees, and where agreed, Expenses
and Daily Allowances. The Charges for this Contract are set out below.
Fees
Reference Schedule 2 clause 3
The Supplier’s Fees will be calculated as follows:
Individual Personnel Rates and/or Approved Personnel Rates
Hourly Fee Rate for each of the Approved Personnel set out below, up to a total maximum of s7(2)(a)
excluding GST, in accordance with the following table of rates.
The Supplier’s Approved Personnel are named individuals approved by the Buyer, as stated above.
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GMC Form 2 non-Crown SERVICES (3rd Edition)
Approved Personnel
Hourly Fee Rate (exc
Total Hours
Total Fees
GST)
s7(2)(a)
s7(2)(a)
, Project
Director
s7(2)(a)
s7(2)(a)
Managing Director
Expenses
Reference Schedule 2 clause 3
No Expenses are payable.
Invoices
Reference Schedule 2 Subject to clauses 3 and 11.7
The Supplier must send the Buyer an invoice for the Charges at the following times accompanied by
approved personnel working hours and completed work:
At the end of the month, for Services delivered during that month.
Address for invoices
Reference Schedule 2 clause 3
Buyer’s address
For the attention of:
[email address]
cc. Arya Franklyn, Project Lead: s7(2)(a)
@gw.govt.nz
Address:
c/o Greater Wellington Regional Council, 100 Cuba St, Wellington
Insurance
Reference Schedule 2 Clause 8.1
The Buyer does not require any specific insurance under this Contract other than the requirements
under clause 8.1 of Schedule 2.
Changes to Schedule 2 and attachments
Schedule 2 of this Contract is amended as follows:
• Delete Clause 3.3 (Payment) and replace it with the following:
3.3
The Buyer must pay a valid tax invoice by the 20th calendar day of the month following the
date the invoice was issued. The Buyer’s obligation to pay is subject to clauses 3.2, 3.4 and
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GMC Form 2 non-Crown SERVICES (3rd Edition)
11.7.
• Add a new clause 17
HEALTH AND SAFETY REQUIREMENTS
17.1 Without limiting clause 2.6, at all times while performing the Services, the Supplier must,
and must ensure that its Personnel, be aware of, observe and comply with the Buyer's
health and safety requirements specific to the Services (if any) and with the Supplier’s
obligations under the Health and Safety at Work Act 2015 (
HSWA), and all other relevant
health and safety Laws, codes of practice, guidelines and standards.
17.2 Without limiting the condition in clause 17.1, the Supplier must:
(a)
prior to commencing Services:
(i) so far as reasonably practicable consult, co-operate with and co-ordinate
activities with the Buyer and any other parties that have a duty under the HSWA
in relation to the same matter connected to the performance of the Services by
the Supplier;
(ii) so far as reasonably practical ensure that the health and safety of the Supplier’s
Personnel and other persons will not be put at risk from work carried out in the
performance of the Services by the Supplier;
(iii) identify hazards related to the provision of the Services, risks arising from those
hazards and the controls to eliminate or minimise the risks;
(iv) notify the Buyer and any relevant regulatory or enforcement authorities (as
required by Law) about the nature of any hazardous activities;
(v) obtain any required permits or authorities required by Law in regard to any
hazardous activities within the required timeframes;
(vi) provide copies of the required permits or authorities to the Buyer;
(vii) notify the Buyer of any changes required to the provision of the Services arising
from the nature of the hazardous activities or any other risks or hazards relevant
to Supplier’s ability to provide the Services and comply with the Supplier’s,
Buyer’s and any other relevant parties health and safety obligations;
(b)
maintain active health and safety management systems capable of identifying
hazards and the risks arising from hazards, including eliminating or minimising risks
and effectively managing the Supplier’s health and safety obligations in regard to the
performance of the Services;
(c)
have its own health and safety plan (or a health safety plan agreed with the Buyer) in
place in relation to its performance of the Services;
(d)
provide a copy of the Supplier’s health and safety plan (or a health and safety plan
agreed with the Buyer) and (if applicable) a copy of Buyer's relevant health and safety
policies and procedures that together ensure compliance with the Supplier's health
and safety obligations to:
(i)
the Buyer, prior to the Supplier commencing provision of the Services; and
(ii)
its Personnel prior to the Personnel starting to provide the Services;
(e)
ensure that its Personnel have, or are appropriately supervised by someone who has,
the appropriate knowledge, training and experience to perform the Services;
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GMC Form 2 non-Crown SERVICES (3rd Edition)
(f)
ensure, so far as reasonably practicable:
(i)
the health and safety of its Personnel while performing the Services;
(ii)
that the health and safety of others is not put at risk from the performance of
the Services; and
(iii)
that no person is endangered or put at risk as a consequence of the
performance of the Services.
(g)
ensure, so far as reasonably practicable that any activities that endanger or put the
health and safety of Personnel or others at risk cease immediately and do not resume
until the risk is eliminated or an appropriate control to minimise the risk is
implemented.
(h)
comply with, and ensure that its Personnel comply with, Buyer's reasonable
instructions in relation to health and safety matters.
17.3 So far is reasonably practicable, the Supplier must consult, cooperate and coordinate work
with the Buyer and any other parties that have a duty under the HWSA in relation to the
same matter in connection with the performance of the Services by the Supplier so that
health and safety obligations are met.
17.4 The Supplier must report to the Buyer, as required by the Buyer, on its compliance with the
obligations in this clause 17.
17.5 To enable the Buyer to appropriately monitor and investigate any health and safety issues,
risks or hazards in connection with the Services, the Supplier must promptly report to the
Buyer:
(a)
any concern which any of the Supplier’s Personnel raise with the Supplier in relation
to any health and safety issue, risk or hazard in connection with the performance of
the Services;
(b)
any potential risks or hazards identified by the Supplier or its Personnel in connection
with the performance of the Services;
(c)
information about any other parties that hold duties under the HSWA in regard the
same matter in connection with the performance of the Services by the Supplier;
(d)
information about steps taken to consult, co-operate and co-ordinate activities with
such other parties;
(e)
any serious injury, medical treatment, loss time injury, accident or near-miss
incident, including any “Notifiable Event” (as defined in section 25 of the HSWA)
required to be notified to the health and safety regulator, arising from, or relating to,
the performance of the Services, such report to be provided as fast as possible in the
case of a “Notifiable Event” and otherwise as soon as possible and within 24 hours of
the incident occurring and if the regulator is notified (because the incident is a
“Notifiable Event”) the Buyer must be informed within the first hour of the incident
occurring;
(f)
any apparent instance of non-compliance by the Supplier or its Personnel with the
obligations in this clause 17 of which the Supplier becomes aware;
(g)
any provisional improvement, improvement, prohibition notice, enforcement
proceedings or prosecution under the HSWA against the Supplier; and
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GMC Form 2 non-Crown SERVICES (3rd Edition)
(h)
at the Buyer’s request any other matter related to the Supplier’s health and safety
performance,
and the Supplier must, and must ensure that its Personnel, cooperate fully with the Buyer in
providing any further information, participating in any investigation or audit, or taking (or
ceasing to take) any further action as the Buyer may require in relation to any health and
safety matter.
• Add a new clause 18
Limitation of Liability
18.1 Subject to clauses 18.2 to 18.4, a party’s liability will be limited to:
(a) in the case of the Buyer, the Charges paid or payable by the Buyer under this
Contract; and
(b) in the case of the Supplier, five times the total Charges paid and payable under this
Contract, up to a maximum of s7(2)(a)
18.2 Neither Party will be liable to the other Party (whether in contract, tort, equity or
otherwise) for any Consequential Loss arising out of or in connection with this Contract,
regardless of the cause of such Loss or whether the other Party has been advised of the
possibility of such Loss.
18.3 The Supplier acknowledges, however, that the Buyer may suffer direct and recoverable
Loss as a result of the Buyer engaging Personnel (including providing existing Buyer
Personnel where their positions are ‘backfilled’) to complete the Services or to provide
resources including ‘work-arounds’ for any fault in the Services where that fault arises as
a result of the Supplier’s actions or inaction.
18.4 Clause 18.1 will not apply to, and will not limit the liability of:
(a) either party in relation to any death or personal injury, any fraudulent, malicious or
criminal act or omission, or any damage to tangible property;
(b) the Buyer for non-payment of the Charges.
•
New Definitions
Consequential Loss means Indirect or consequential Loss, or any loss of profits, loss of business,
revenue, data (unless the Services include back-up of data), or anticipated savings.
Loss means any loss, claim, damage or expense and includes solicitor/client costs and interest.
Attachments
Reference 'Contract documents' described at Page 1
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