(30 Years) Mechanical Electrical Plumbing (MEP) Contract
ContractJOB REFERENCE:
JB007-22-01968
Greeting from SAGA International,
Total amount for 2023:
Vat amount for 2023:
Grand total amount for 2023:
Total amount for 2024:
Vat amount for 2024:
Grand total amount for 2024:
1. SCOPE OF SERVICES
contractor undertakes
to carry out the services of the site in conformity with the contract documents
stated in Clause 7 in accordance with the terms and conditions of contract
hereinafter referred to as “General Terms” and at the rate specified in Clause
3.
2. PURPOSE OF SERVICES
The purpose of services is to ensure full and adequate
functioning of the site within the design limits of all equipment and systems
covered by this contract as detailed in the scope of work through proper maintenance,
repair and operation, to maximize life cycle efficiency and reduce life cycle
repair and replacement costs.
3. CONTRACT PRICE
4. TERMS OF PAYMENT
contractor shall
ensure invoices are issued by no later than 15th of each month.
Marina Wharf 2 Homeowners Association c/o SAGA International
Owners Associations Management shall ensure that the payment shall be made 30
days from date of Invoice submission with completion report.
5. CONTRACT PERIOD (Term & Termination)
5.1
SAGA International Owners Associations Management and contractor either
parties have the right to terminate the contract by giving 30 days’ notice
and/or mutually agreed by the parties.
5.2 However the duration of contract will be for a period of 2
months only and thereafter renewable (with amendments) for additional years
depending upon SAGA International Owners Associations Management’s discretion
and subject to issuance of official notice to the FIXIS 30 days prior to the
end of the contract date confirming Associations interest to renew this
contract for the next year.
6. SERVICE SCHEDULES
FIXIS upon receipt of the official notice from SAGA
International Owners Associations Management, will coordinate the yearly
service schedule, which shall be made of by, fortnightly, monthly, quarterly,
half yearly and yearly intervals for confirmation and approval by the
designated representative prior to the commencement of the site service
proceedings.
7. CONTRACT DOCUMENT
The following documents shall constitute and be deemed to
form and be read and construed as an integral part of this contract, viz.
A.
General Conditions of Contract (General Terms)
B.
Annexure A, B, C, and D
8. NO PARTNERSHIP OR AGENCY
Nothing in this Agreement is intended to, or
shall operate to, create a partnership between the parties, or to authorize
either party to act as agent for the other, and neither party shall have
authority to act in the name or on behalf of or otherwise to bind the other in
any way (including the making of any representation or warranty, the assumption
of any obligation or liability and the exercise of any right or power).
9. CORRUPT GIFTS AND PAYMENT OF COMMISSIONS
The Service Provider will not offer, or give
or agree to give any person representing or in the employment of the Client nor
accept from any third party any gift or consideration of any kind as an
inducement or reward for doing or not doing any act in relation to the Services
or to otherwise show favor to any person in relation to this Agreement.
10. VARIATION
If both parties consent to a proposed Change,
the Change shall be made only after the Client Representative and the Service
Provider Representative have
signed the Change documentation confirming their written agreement of the
Change and the necessary variations
This Contract is concluded on November 2019 in accordance
with the federal laws of the United Arab Emirates and local laws and
regulations of the Emirate of Dubai.
SIGNED FOR AND ON BEHALF OF
Marina
Wharf 2 JOPD c/o SAGA International Owners Associations Management DUBAI, UAE
SIGN: …………………………….
NAME: ………………………….
DATE : |
contractor
SIGN: …………………………….
NAME: ………………………….
DATE : |
CONTENTS
1.10 RECTIFICATION OF
DEFICIENCIES OUTSTANDING FROM THE PREVIOUS CONTRACT
1.11 GOVERNING LAW &
DISPUTE RESOLUTIONS
4. Time response/Emergency Call out
Annexure-B – Additional Services
Annexure-C – Exclusions / Assumptions
Annexure-D – Key Performance Identificator (KPI)
1.
General Conditions
1.1
Definitions
In this contract, except where the context otherwise requires:
a.
“Marina
Wharf 2 Tower” means Marina Wharf 2 Residential Tower located in Dubai Marina,
Dubai, UAE.
b.
contractor,
successors and assigns, as approved by Marina Wharf 2 Residential Tower Home
Owners Association c/o SAGA International Owners Associations Management.
c.
“Site” means the internal and external common
areas and all car park area of Marina Wharf 2 Residential Tower, a development
belonging to Marina Wharf 2 Residential Tower, located in Dubai, UAE included
in the Scope of Work.
e.
“Services”
means Administrative and/or technical management of the facility, its relevant
systems and equipment at the site. Work, maintenance and/or facilities/ utilities management services
or any of them to be performed by contractor from time to time (Including any
additional Services) issued by Marina Wharf 2 Home Owners Association c/o SAGA
International Owners Associations Management and accepted by contractor
f.
“Additional
Services” means any services requested by Marina Wharf 2 Home Owners Association c/o SAGA International
Owners Associations Management from time to time for which contractor is
qualified to and which it shall perform in addition to the services.
g.
“Consents”
means any consent, license, approval, permit or other authorization whatsoever
required prior for performance of the Services or otherwise required to enable
(either party) to exercise its rights or perform its obligations hereunder.
h.
“Intellectual
Property” means patents, trademarks, service marks, registered designs,
applications for any of the forgoing, trade and business names, unregistered
trademarks and service marks, know-how, copy right, rights in designs,
inventions, database rights, moral rights, rights under licenses and consents
in relation to any such rights and rights of the same or similar effect or
nature in any part of the world.
i.
“Intellectual
Property Rights” means all intellectual property used or required to be used by
contractor and/or Marina Wharf 2 Home
Owners Association c/o SAGA International Owners Associations Management
(as the case may be).
Note : In this contract,
where the context so admits, words imparting the singular shall include the
plural and vice versa
1.2
contractor PERSONNEL
- contractor
shall use trained, experienced and competent personnel for carrying out
the services.
- contractor shall at all times be responsible for omission of
the personnel and maintaining discipline and good order on the site
- contractor shall be allocated permanently in the
Facility. Changes of Staff – two weeks training of replacement/reliever
before scheduled pull out with advance notification to OAM
1.3
STAFF TRAINING
a. The contractor shall provide adequate formal
and on job training for their personnel, to ensure their full competence in the
proper day to day operation of the systems and equipment under contract.
b.
The number
of man days/hours for the training and development of employees are treated as
paid and shall be notified in the timesheets
1.4
EMERGENCY PROCEDURE/CALL OUT
Marina Wharf 2 Home Owners
Association c/o SAGA International Owners Associations Management shall supply
FIXIS with the names of authorized staff members and their telephone numbers,
who can intimate a call out.
Similarly,
contactor shall provide Marina Wharf 2
Owners Association c/o SAGA International Owners Associations Management
with the names of its staff who will be in-charge of administering this
contract and their telephone numbers, where they can be reached, during and
after normal working conditions. Names and contact numbers in case of emergency
will also be provided.
1.5
ASSIGNMENT
Marina Wharf 2 Home Owners Association
c/o SAGA International Owners Associations Management only may, at any time,
assign or transfer any of its rights or obligations under this agreement to the
Board of Marina Wharf 2 Towers or any company appointed by the Board or Interim
Board of Marina Wharf 2 Towers upon reasonable notice to FIXIS. FIXIS may not
assign, transfer or subcontract any of FIXIS rights or obligations under this
Agreement to any third party without the prior written consent of the other
party or as otherwise provided for in this Agreement.
1.6
CONFIDENTIALITY
Each of the parties hereto shall keep
secret all confidential know-how, data, trade secrets and other information
communicated to it or any of its or their employees pursuant to or in
connection with the performance of this contract and shall not disclose such
know how, data, trade secrets or information to any person except its own
employees who have the need to receive such information, for the performance of
this contract.
1.7
FORCE MAJEURE
Neither party hereto shall be liable for
any loss, damage or delay arising solely by reason or any cause or causes
beyond its reasonable control, including but not limited to acts of Government,
strikes, lockouts, fire, explosion, theft, floods, riots, Civil commotion, war,
malicious mischief or acts of God.
1.8
ENTIRE CONTRACT
This
contract when signed by both parties hereto shall constitute the entire
contract between the parties hereto relating to the subject matter thereof, and
all prior representations or agreements not incorporated herein are superseded.
1.9
NOTICE CLAUSE
Any notice under this
contract shall be delivered to the part concerned by hand or sent to that party
by registered post/courier/emailed or by telex to the address of such party as
appearing herein or to such other address as the party concerned may have
designated by notice in accordance with this clause. Any notice so sent shall
be effective upon first receipt.
1.10
RECTIFICATION OF DEFICIENCIES OUTSTANDING
FROM THE PREVIOUS CONTRACT
FIXIS shall upon receiving
snags, undertakes to follow up, sign off and
all outstanding deficiencies related to the system/equipment/ as
recorded in the inspection report issued for the together with all deficiencies notified
during previous maintenance periods, including the deficiencies that may be
notified up till the starting date of this maintenance contract. All such works
shall be deemed to be additional works and considered as a variation to this
contract.
1.11
GOVERNING LAW & DISPUTE RESOLUTIONS
The contract shall be governed and
constructed in accordance with the federal laws of the United Arab Emirates and
Local laws of Emirate of Dubai. The courts of UAE shall finally decide all
disputes arising out of or in connection with this contract.
2.
Manpower
The manpower required for the facility shall be provided based on
demand and requirement to meet the service levels.
MEP Supervisor, MEP
Team
·
Fridays and Holidays: OFF / Emergency Attendance
·
6 Days a Week – Saturday to Thursday
·
During Ramadan, Staff shall work for 2 Hours less as
per Ministry of Labor regulations.
·
Any additional hours or requirements shall be paid as
per UAE Labor Law to Staff and the same shall be discussed mutually and agreed
as and when required.
STAFF |
QTY |
SHIFT TIMING |
FM Supervisor (Shared with Marina Wharf 1) |
0.5 |
8:00 AM - 6:00 PM |
Multi Technician |
1 |
8:00 AM - 6:00 PM |
AC Technician |
1 |
8:00 AM - 6:00 PM |
Plumber (Shared
with Marina Wharf 1) |
0.5 |
8:00 AM - 6:00 PM |
3.
Services
MEP Contractors
to carry out the Property Maintenance Services, including routine/planned
preventive maintenance to economically prolong useful life, maintain an
attractive appearance and provide efficient functional performance of the
systems and facilities. These activities
are to be in accordance with the recommendations and requirements of the
manufacturers.
The maintenance
schedule for each item of equipment and facility will be in accordance with the
specific brand of equipment, the operating conditions of the facilities and
plants. It is understood that FIXIS is
solely responsible for the planning, monitoring and operation to satisfy the
required results.
Facilities
Maintenance Services covers the following items subject to any limitation or
terms and conditions contained in this Schedule.
·
Operation,
Supervision of systems, equipment and functions;
·
Track and
manage all machinery and spare part warranties and ensure that the appropriate
exist at all times.
·
Provide a
list of spare parts (reasonable inventory of essential spare parts) necessary
to maintain the facilities.
In executing its
obligations with respect to the Facilities Maintenance Services, FIXIS will be
directly involved in the operation, supervision, service and maintenance
activities relating to the covered systems, equipment or functions, while
reserving the right to sub-contract certain services, including, in particular,
those of a highly specialized nature.
In connection
with the foregoing, the operation and supervision of a given system or
equipment shall include all of the tasks required to ensure that contractor has
control over the relevant systems and equipment. More specifically, FIXIS shall be solely
responsible for determining the resources to be implemented. FIXIS will in particular be responsible for:
·
Starting
up and shutting down installations.
·
Necessary
adjustments and balancing. (All cost to be borne by Client.)
·
Metering
and recording of equipment operating parameters.
·
Tests and
day-to-day checks of the proper working order of equipment.
·
General
oversight and supervisions of installations.
·
Develop
and administer rules and code of conduct for the common parts (eg. Implement a
no-smoking policy etc.)
·
Day-to-day
inspections and rounds.
Contractor shall ensure that the following
services by System or Function are fully operated, conducted and maintained.
Energy Management
- Following of the energy
consumption.
- Verification of the energy bills.
- Operation of the equipment to have
the best energetic performance.
Air-conditioning
System
·
Maintenance of HVAC system (excluding
chillers)
·
Maintenance of control boxes
·
Maintenance of automated controls
Electrical System
·
Electricity supply and low voltage
distribution network distribution boards.
·
Maintenance of grounding network
·
Maintenance of electrical boxes and
cabinets
·
Maintenance of low voltage distribution
board
·
Maintenance of safety emergency lighting
units.
Plumbing and
Sanitary System:
·
Maintenance of water heaters.
·
Maintenance of over pressure devices
·
Maintenance of sanitary equipment (taps,
showers, washbasins, WC, Urinals)
·
Maintenance of drinking water fountains.
·
Venting systems for the pipe work
·
Rain water pipe network
Barriers
- Inspection
and adjustments scheduled four (4) times per annum to keep the automation
equipment in satisfactory working order.
- Trouble shooting of Gate Barrier
- Card reader status/ Remote receiver status to be check.
- Metal/ Loop Detector and spring action status to be check.
- Photocell pair status / movement of Arm to be check.
- Power source for the barrier to be check.
Generator
The maintenance services will
have 1 major service and 3 minor services.
During each visit, Contractor’s
service engineer will inspect the generator and carry out off load test for
identifying the fault and to exercise the generator. This test shall be
witnessed and signed by Client’s representative.
In addition, Contractor’s
engineer will give advice and guidance to Client’s operators for the proper
maintenance and efficient working of generator. Client will be required to
maintain a logbook for noting down the detailed operations of the generator.
All the consumable spares like
Oil filter, Diesel filter, Air filter, Engine oil, Radiator coolant, and the
cleaning agents are to be provided by Contractor during the visits. Filters,
Oil and Coolant will be changed every 250 hours or once in year. Any
non-consumable spares required to be replaced or need repairing, the same will
be done against the Local Purchase Order and it would be invoiced to Client.
Scope of Work:
1 General Visual
Inspection
2 Check Machine
Cleanliness
3 Check for Leakages
4 Check Battery Charger
5 Check Radiator
6 Check and Top Up
Coolant
7 Check Coolant Temperature
8 Check Oil Pressure
9 Check Engine Oil
10 Check Air Filter
11 Clean Air Filter
12 Change Air Filter
Element
13 Check Belts
14 Check Belt Tension
15 Adjust Belt Tension
16 Check Controller
17 Check ATS Panel
18 Check Gauges and
Indicators
19 Check Frequency
20 Check Voltage
21 Check RPM
22 Check Battery Water
23 Top Up Battery Water
24 Check for any irregular
sound
25 Check Exhaust System
26 Check cables and hoses
27 Check Emergency
Operations
28 Check Anti Vibration
Mounts
29 Lubricate Necessary
Points
30 Check Engine /
Alternator Manual Mode
31 Check Engine /
Alternator On Load
32 Check Controller in Auto
Mode
33 Check ATS Panel in Auto
Mode
34 Check Main Incomer
Breaker for ATS
35 Check Cooling Down Time
after Load
3.2 Chiller Maintenance
a) Scheduled Onsite Preventive Maintenance
[Major] |
-1/year |
b) Scheduled Onsite Operational Inspections
[Minor] |
-3/year |
c) Periodically Check Condenser Coils for
Dirt/Debris and Clean |
-4/year |
d) Around-the-Clock Emergency Service &
Call Center |
-24/7 |
e) Factory-Trained Technicians |
- included |
f) Initial Equipment Inspection & Snag
Reporting |
- included |
g) Comprehensive Condition & Operational
Reporting w/ Recommendations |
-1/year |
h)
Compressor Oil Analysis & Reporting -1/year
i)
Predictive: Replace starter coolant (Glycol
Inhibitor) – If Required -Labor
Only
j)
Spare Parts/ Consumables - Service Required
Consumables (Including Dehydrator Cores) -
included
k)
On-site Equipment Operation Training by OEM -1/year
Exclusion:
- Additional
Weekly/Monthly Condenser Cleaning - By Client
- Refrigerant Recovery System to be
provided by client at site (Water-Cooled Chillers)
- Leak Detecting System to be provided by
client at site (Water-Cooled Chillers)
- Water balancing and Treatment to be
handled by client at site
- FIXIS will not be in any way
responsible for maintaining, supervising or monitoring the water quality
and will not be held liable for any consequential damage/loss related to
it
Pool Cleaning
1.
Checking and adjusting pH and Chlorine every 3 visits in a week |
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2.
Vacuuming of the pool every 3 visits in a week |
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3.
Emptying of the leaf and strainer baskets every 3 visits in a week |
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4.
Scrubbing and/or brushing of the sides every 3 visits in a week |
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5.
Backwashing and pressure reading of the filter every 3 visits in a week |
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6.
Checking Water level every 3 visits in a week |
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7.
Checking under water lights and pumps every 3 visits in a week |
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8.
Regular maintenance of Pool equipment (excluding spare parts) |
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10.
Supply of Chlorine and additional chemicals associated with maintaining the
above |
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11.
Visual inspection of filters, pumps and lights during all visits and
reporting of any problems on visit slips repairs and activities on a fee for
service basis to ensure pools are maintained to their optimum performance and
quality.
|
4.
Time response/Emergency Call out
Time
response is the time that MEP Contractor to commit to have its employees on
Site working to resolve the requests and complaints from the owners and users
of the site.
Response Category Day Time |
Response time |
Containment time |
Rectification time |
Emergency/Priority 1 |
10 Mins |
1 hour |
1 day |
Routine/Priority 2 |
15 Mins |
NA |
1 Day |
Scheduled/Priority |
Within 30 mins of agreed start time and date |
NA |
2 Days |
Out of Hours Call Out |
90 mins |
2 hours |
1 Day |
1.
Emergency
- Required to remedy situations that are
potentially life threatening and/or will seriously affect fabric and operation,
prevent potential injury and/or to avoid disruption and property damage
Examples which constitute an emergency response
include
a.
Flooding
b.
Entrapment
c.
Unrest and
criminal activity
d.
Fire alarm
e.
Security
threats and alarm
f.
Accidents
g.
Window
breakage
2. Require
ensuring that the functionality, appearance and/or general condition of the
building or plant is maintained, address situations that require investigation
and/or quotation, or that are subject to lead times for materials, etc.
5.
Spare parts & Consumables
If conditions warrant, subject to OAM approval, repair
or replace at cost plus 10%, all defective/non-maintainable parts of the
equipment and parts that need replacement resulting from fair wear and tear or
default. New parts fitted shall become the property of Marina Wharf 2
Residential Tower.
MEP |
NO.OF STAFF |
Supervisor |
0.5 |
A/C
Technician |
1 |
Plumber |
0.5 |
Electrician |
1 |
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Annexure-A
– Scope of Work
shall, during the contract period:
As per the conditions of this contract, will carry out the
Operation, Administrative and/or technical management of the, its relevant
systems and equipment at the site.
Defects Liability Period (DLP) for
one year applies currently for this Facility.
FIXIS will manage the MEP Specialized Service Works until the end of DLP
period.
shall perform all of the functions
and provide all of the resources to deliver the services needed, to ensure the
Site operates as a high class residential tower. The staff shall be
appropriately qualified and competent to conduct and carry out the tasks for
which they are employed.
The Operation and supervision of a given system or equipment shall
include all of the tasks required to be performed to ensure that the FIXIS
maintains responsibility for and control over the relevant systems and
equipment. FIXIS responsibilities will include but not limited to:
·
Guaranteeing
the comfort and safety of the users by providing excellent services related to
our scope of work.
·
Will carry
out snagging of all equipment’s/systems with the help of FIXIS and ensure that
the handover is done properly during the implementation phase.
·
Co-ordination
& Meetings with Association.
·
Frequency
of meeting as further agreed with the OAM
·
Implementation
of OAM policy & procedures.
·
Making
inspections and rounds.
·
Facilitation
of the periodical certification/testing of equipment or system required by the
laws in the territory
·
Maintaining
the systems so as to not disrupt the normal operation of the site.
·
Minimizing
equipment downtime and achieving agreed levels of system availability by market
standards
·
Ensuring
that the equipment and systems comply with and are operated in accordance with
all relevant safety requirements.
·
Handling
emergency/crisis management and conducting awareness programs for residents as
required in association with the OAM
·
FIXIS
shall seek permission from the OAM prior to undertaking any works inside units,
that may effect the common area infrastructure or equipment.
Annexure-B – Additional Services
Additional Services (i.e. services not falling within
the scope of the services) shall only be effected upon receipt of a written
request from Marina Wharf 2 Home Owners
Association c/o SAGA International Owners Associations Management to
FIXIS to provide the relevant additional services, it being further understood
that Marina Wharf 2 Home Owners
Association c/o SAGA International Owners Associations Management shall
have full discretion in determining whether or not an additional service is
required.
Subject to the provisions of this contract, Client shall
pay the FIXIS costs related to additional services as may be agreed.
Notwithstanding the foregoing, in the event of an
emergency and in accordance with FIXIS’ general obligations of cooperation with
Marina Wharf 2 Home Owners Association
c/o SAGA International Owners Associations Management in the event of
emergencies, the FIXIS may perform additional services regardless of their
amount where such additional services must be performed immediately in order to
(I) avoid endangering the life or health of persons, (ii) ensure compliance
with the applicable laws (provided that any existing or potential noncompliance
results from an emergency situation and not due to prior lack of action or
omission on the part of the company) or (iii)avoid destruction or damage of
property where the risk of damage or destruction is of a value manifestly in
excess of the charges related to the relevant additional services provided that
for such emergencies the FIXIS is not a cause.
Terms & Condition

SAGA International

Marina Wharf 2 Jointly Owned Property
Mixed UseMarina Wharf Tower 2 Dubai Marina, Dubai, United Arab Emirates