C-1.7
Contractor's Title To Materials. No material, supplies, or equipment to be installed or
furnished under this contract shall be purchased subject to any chattel mortgage or under
a conditional sale, lease purchase or other agreement by which an interest therein or in
any part thereof is retained by the seller or supplier. The Contractor shall warrant good
title to all materials, supplies, and equipment installed or incorporated in the work and
upon completion of all work, shall deliver the same together with all improvements and
appurtenances constructed or placed thereon by him to the Owner free from any claims,
liens, or charges. Neither the Contractor nor any person, firm or corporation furnishing
any material or labor for any work covered by this contract shall have any right to a lien
upon any improvement or appurtenance thereon. Nothing contained in this paragraph,
however, shall defeat or impair the right of persons furnishing materials or labor to
recover under any bond given by the Contractor for their protection or any rights under
any law permitting such persons to look to funds due the Contractor in the hands of the
Owner. The provisions of this paragraph shall be inserted in all subcontracts and material
contracts and notice of its provisions shall be given to all persons furnishing materials for
the work when formal contract is entered into for such materials.
Inspection and Testing of Materials shall be as follows:
7.1 All materials and equipment used in the construction of the project shall be
subject to inspection and testing by the Engineer in accordance with accepted standards at
any and all times during manufacture or during the project construction and at any or all
places where such manufacture 1s carried on.
7.2. The Contractor shall furnish promptly upon request by the Engineer, all materials
required to be tested. All tests made by the Engineer shall be performed in such manner
and ahead of scheduled installation, as not to delay the work of the Contractor. When
required, testing of concrete, masonry, soils, pipe and pipe materials will be made in
accordance with provisions in the specifications.
7.3. Material required to be tested which is delivered to the job site shall not be
incorporated into the work until the tests have been completed and approval or
acceptance given in writing by the Engineer.
7.4 Each sample submitted by the Contractor for testing shall carry an identification
label containing such information as is requested by the Engineer. It shall also include a
statement that the samples are representative of the remaining materials to be used on the
project.
7.5. Approval of any materials shall be general only and shall not constitute a waiver
of the Owner's right to demand full compliance with the contract requirements.
7.6 The Engineer may, at his own discretion, undertake the inspection of materials at
the source. In the event plant inspection is undertaken, the following conditions shall be
met:
