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34.         Signs and lighting

35. (1)   Care of the Works
      (2)   Excepted risks

36. (1)   Injury to persons and damage to property
      (2)   Indemnity by Employer 

37.         Reporting of accidents

38. (1)   Insurances
      (2)   Contractor to effect insurances obtainable
      (3)   Employer to approve insurance company 
      (4)   Contractor to produce proof of payment
      (5)   Contractor and Employer to comply
      (6)   Remedy on Contractors failure to insure
      (7)   Proof of WCA payment

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34. Signs and lighting

      The Contractor shall, in connection with the Works, provide and maintain all signs, signboards, lights, barriers,
      barricades, fencing and watching when and where

(a) specified in or reasonably to be inferred from the Contract, or

(b) required by any competent statutory or other authority, or

(c) required by the Engineer for the protection of the Works or for the safety or convenience of
     the public or others;

      Provided that, if the Engineer shall instruct the Contractor to provide any sign, signboard, light, barrier,
      barricade, fencing or watching not included in paragraphs (a), (b) or (c), such requirement shall constitute
      a variation by the Engineer in terms of Clause 39.

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35.(1) Care of the Works

(a) From the date when the Site is handed over to the Contractor to the date of the issue of a
      Certificate of Completion the Contractor shall take full responsibility for the care of the Works
      and of all materials on the Site intended for incorporation in the Works;

      Provided that, if in terms of Clause 54(6) the Engineer shall issue a Certificate of Completion
      in respect of any part of the Works, the Contractor shall cease to be responsible for the care
      of such part and responsibility therefore shall pass to the Employer.

(b) If any damage or physical loss shall happen to the Works or the said materials, or any part thereof,
      from any cause whatsoever (other than the "excepted risks" defined in Sub-Clause (2)) while
      the Contractor is responsible for the care thereof, the Contractor shall at his own cost repair and
      make good the same so that, at the issue of the Certificate of Completion, the Works or
      the portions of the Works to which the Certificate relates shall be in good order and
      condition and in conformity with the Contract.

(c) If any damage or physical loss shall be caused to the Works or the said materials arising from any
      of the "excepted risks", the Contractor shall, if ordered by the Engineer, repair and make good the
      same and be paid the Cost of so doing.

(d) The Contractor shall also be liable for any damage or physical loss to the Works or the said materials
      occasioned by him in the course of any operation carried out by him for the purpose of complying
      with his obligations under Clause 56 or in respect of work to be completed in terms of Clause 54(4).

   (2) Excepted risks

      The "excepted risks" are risks of damage or physical loss or any other loss caused by or
      arising directly or indirectly as a result of or as a consequence of

(a) war, invasion, act of foreign enemies, hostilities or warlike operations
      (whether war be declared or not) or civil war,

(b) insurrection, rebellion or revolution,

(c) mutiny, military rising, military or usurped power, martial law or state of siege, or any other event
     or cause which determines the proclamation or maintenance of martial law or state of siege,

(d) any event which, at the closing date of the tenders, is defined as a risk in terms of insurance
     offered by the South African Special Risks Insurance Association,

(e) any occurrence for which a fund has been established in terms of the War Damage Insurance
     and Compensation Act, as amended,

(f) the impact of meteorites, pressure waves caused by aircraft or other aerial devices travelling
     at sonic or supersonic speeds,

(h)  ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste
     from the combustion of nuclear fuels,

(i) the use of or occupation by the Employer or his employees or agents or other contractors
     (not employed by the Contractor) of any part of the Works,

(j) the design, specification or instruction of the Engineer, Employer or any of their employees or agents,
     or defects in the materials supplied by the Employer for incorporation in the Works,

(k) the confiscation, commandeering, nationalisation, requisition or destruction of or damage to property
     by an order of government, de jure or de facto, or any public or local authority,

(l) the fact that the value of materials, as supplied by the Employer for incorporation in the Works,
    exceeds the value thereof as specified by or on behalf of the Employer at the time of delivery
    thereof by the Employer.

 

36.(1) Injury to persons and damage to property

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The Contractor 

(a) hereby indemnifies the Employer against any liability in respect of damage to or physical loss of
     the property of any person or injury to or death of any person, and

(b) shall be liable to the Employer for damage to or physical loss of all property of the Employer
     not being portion of the Works nor of the Site, arising directly from the execution of the Works;
     Provided that nothing herein contained shall render the Contractor liable in respect of

(i) the permanent use or occupation of land by reason of the Works or any part thereof,

(ii) the right of the Employer to construct the Works or any part thereof over under in or
     through any land,

(iii) any nuisance, disturbance or interference arising necessarily by reason of the
     construction of the Works,

(iv) interference, whether temporary or permanent, with any servitude or any other right
     which is the unavoidable result of the construction of the Works in accordance with
     the Contract,

(v) injuries or damage to persons or property resulting from any act, omission or neglect of
     the Employer, his agents, employees or other contractors
     (not being employed by the Contractor) or from proper compliance with any instruction
     of the Engineer or Employer, or

(vi) any agreement by the Employer to pay any sum by way of indemnity or otherwise,
     unless liability for such payment would have existed in the absence of such agreement.

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    (2) Indemnity by Employer

     The Employer hereby indemnifies the Contractor against all liability in respect of the matters referred to in
     the proviso to Sub-Clause (1).

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37. Reporting of accidents

     In addition to any statutory obligations, the Contractor shall, as soon as practicable, report to the
     Engineer every occurrence on the Works or the Site causing damage to property or injury or death to persons.

     If required by the Engineer, the Contractor shall submit a report in writing to the Engineer within 48 hours
     of such requirement setting out full details of the occurrence.

     The Engineer shall have the right to make any enquiries either on the Site or elsewhere as to the cause
     and results of any such occurrence and the Contractor shall make available to the Engineer the necessary
     facilities for carrying out such enquiries.

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38.(1) Insurances

     Without limiting his obligations in terms of the Contract, the Contractor shall before commencement of the
     Works effect and maintain the following insurances covering the respective interests of the Contractor and
     the Employer:

(a) Insurance of the Works and of all movables on the Site intended for incorporation in the
     Works against damage or physical loss from whatsoever cause arising
     (other than causes set out in Clause 35(2))

(i) for the period for which the Contractor is responsible for the Works in terms of
     Clause 35(1)(a), and

(ii) for a sum insured which shall, unless otherwise specified in the Contract,
     be the aggregate of

(aa) the Contract Price,

(bb) a sum to cover the value (specified at the time of delivery to the
     Contractor) of materials supplied by the Employer for incorporation in
     the Works and not included in the Contract Price, and

(cc) a sum to cover professional fees, not included in the Contract Price,
     payable in respect of the repair or reinstatement of damage to the Works or
     said movables.

(b) A Coupon Policy for Special Risks Insurance issued by the South African Special Risks Insurance
     Association if such requirement is stated in the Appendix.

(c) Liability insurance from the Commencement Date to the date of the Certificate of Completion or
     the end of the Defects Liability Period (if any) for a limit of indemnity specified in the Appendix
     covering the Employer and the Contractor against their respective liability for the death of or
     injury to any person or loss of or damage to any property (other than property while it is insured in
     terms of paragraph (a)) arising out of or in the course of the performance of the Contract;

Provided that

(i) the insurance shall not be required to cover any liability arising out of any of the matters
     referred to in the provisos of Clause 36(1), and

(ii) the insurance shall include a cross-liability clause such that the insurance shall apply
     to the Contractor and to the Employer as separate insured parties.

(d) Such other additional or varied insurances as are specified in the Special Conditions of Contract.

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   (2) Contractor to effect insurances obtainable

     Save as otherwise provided in the Contract, nothing herein contained shall oblige the Contractor to effect
     any insurance which is not generally obtainable from a registered insurer in the Republic of South Africa.

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   (3) Employer to approve insurance policy

     The insurances referred to in Sub-Clause (1) shall be effected with an insurance company registered in the
     Republic of South Africa and the terms thereof shall be subject to approval by the Employer, which approval
     shall not be unreasonably withheld. 

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   (4) Contractor to produce proof of payment

     The Contractor shall produce to the Employer the policies by which the insurances are effected and proof of
     the due payment of all premiums thereunder and of the continuity of the policies for the required period.

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   (5) Contractor and Employer to comply

     The Contractor and the Employer shall comply with the terms and conditions of the insurance policies.

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   (6) Remedy on Contractors failure to insure

     If the Contractor shall fail to effect and keep in force any of the insurances referred to in Sub-Clause (1),
     the Employer may effect and keep in force such insurance and pay such premium or premiums as may
     be necessary for that purpose and the Contractor shall refund the amounts of such premiums to the Employer.

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   (7) Proof of WCA payment

     If required, the Contractor shall provide proof that he has paid all contributions required in terms of
     the provisions of the Workmens Compensation Act (Act No 30 of 1941, as amended).

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