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Sector 3 Beach and Dune Restoration Project Page Two of Five Change Order No . 3 In accordance with FDEP Permit No . 0285993 -OOIJC , all stockpiled sand must be tested pursuant to the approved FDEP sediment QA/QC plan, and approved prior to placement on the beach . Ranger shall provide the County with the testing results of all stockpiled sand in accordance with the FDEP stamped and approved Sediment QA/QC Plan for all stockpiled sand as well as topographic surveys including certification of stockpiled quantities - signed and sealed by a licensed surveyor PSM — prior to prepayment under this Change Order. Prepayment Terms : Prepayment shall be due only after the sand has been stockpiled , tested, and approved by the County and Engineer with respect to both quality and quantity . Ranger may proceed with the work under this Change Order and correspondingly submit Applications for prepayment on a bi - weekly basis to begin , on each Phase respectively, once the FDEP issues a notice -to-proceed for each .Phase respectively . The Engineer anticipates issuance of a notice-to-proceed for Phase 1 on November 3 , 2010 and a notice-to-proceed for Phase 2 on November 24 , 2010 . Prepayment under this Change Order for stockpiled sand shall be deducted from payment to Ranger for "Sand Fill " as prescribed by the current contract . Retainage will not be withheld at the time of prepayment under this Change Order for stockpiled sand . However, retainage will be withheld from total payment for the work under the terms of the current contract . Ownership of Sand : Notwithstanding any other provision of the contract to the contrary, Ranger, Ranch Road Lake, L . L . C . ("Ranch Road , " as owner and operator of the Ranch Road Mine) and Henry Andrew Fischer and Fisher & Sons, L. L . C . (collectively "Fischer, " as owner and operator of the Fischer mine) hereby additionally agree with the County that upon delivery by the County to Ranger of a check in payment for stockpiled sand pursuant to this change order ( 1 ) all right, title and interest in and to the stockpiled sand, including legal and equitable title thereto , shall automatically pass to the County, free and clear of any right, title and interest of Ranger, Ranch Road , Fischer and any other party , regardless of whether Ranger in fact pays Ranch Road and/or Fischer for the stockpiled sand, and (2) Ranger, Ranch Road and Fischer hereby irrevocably (a) waive, release and disclaim any and all legal and equitable liens or claims of lien (statutory, common law or otherwise) which they may have or claim to have in the stockpiled sand , and ( b) acknowledge and agree that the stockpiled sand is part of a County public works project under Chapter 255 , Florida Statute , and is not subject to lien rights which they may have or claim to have in the stockpiled sand . If, during the period of time that the County ' s sand is stockpiled , additional sand which is not related to this contract or change order is also stockpiled at the mine , Ranch Road or Fischer shall take measures to ( a) isolate and identify the County ' s stockpiled sand from the unrelated sand , which measures may include the installation of temporary construction fencing around the County ' s stockpiled sand , and (b ) pro - F. IRib/ie OnkikFiwtRwWer-Chmge Order W FLVAL 11440 i «w