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HomeMy WebLinkAboutPR 21061: AGREEMENT WITH TRACE INFRARED ASPHALT RESTORATION, LLC, POT HOLE PATCHING TRUCK AND CONTRACT WITH A CREW FOR 6 MONTHS 4liit�%� i Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 13, 2019 To: The Honorable Mayor and City Council Through: Ron Burton, Interim City Manager From: Alberto Elefano, P.E., Public Works Director RE: P.R. 21061 —Agreement with Trace Infrared Asphalt Restoration, LLC for the purchase of a pot hole patching truck and a contract for a patching crew for six (6) months. For a total budgetary impact of$410,554.00. $230,554.00 for the pot hole patching truck and $180,000.00 for the patching crew. Introduction: Port Arthur has a plethora of pot holes to patch. In an effort to patch as many pot holes as we can and to have a more permanent patch regime the City will purchase a pot hole patching truck and contract a crew for six (6)months to help the current pot hole patching crew to patch pot holes all over the City. Background: During a City Presentation on June 11,2019 about the results of the pot holes patched with Perma-patch or Road Rescue and the HP (High Performance Cold Mix), the City proposed three (3)methods for pot hole patching: - Bulk Order Perma-patch(Only on summer months) - High Performance Cold Mix (Currently being used) - Infrared Pot Hole Patching The City will also divide the city in sections. The patching crew will adopt a targeted area of pot hole patching. Similar to the trash pick-up schedule. Trace infrared has patented this method of pot hole patching and is therefore the sole source for this product. Trace infrared will provide a crew for six (6)months and will train City staff "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 on how to operate the pot hole patching machine. At the end of the contract the City has an option of retaining the contracted crew to City Staff. Budget Impact: Funds are available in Streets Account Equipment and Other Contractual Service: 001-1203- 531.92-00 ($230,554.00) FY18-19 and 001-1203-531.59-08 ($180,000.00) FY19-20 respectively. For a total of$410,554.00 Recommendation: Approval of P.R.No. 21061 authorizing the City Manager to enter into an agreement with Trace Infrared Asphalt Restoration, LLC for the purchase of a pot hole patching truck and a contract for a patching crew for six(6) months. For a total budgetary impact of$410,554.00. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. 21061 09/16/19 ace RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH TRACE INFRARED ASPHALT RESTORATION, LLC OF EUNICE, LOUISIANA FOR THE PURCHASE OF A POT HOLE PATCHING TRUCK AND A CONTRACT FOR A PATCHING CREW FOR SIX (6) MONTHS WITH A PROJECTED BUDGETARY IMPACT OF $410,554.00. FUNDING IS AVAILABLE IN THE STREET ACCOUNT UNDER EQUIPMENT AND OTHER CONTRACTUAL SERVICE 001-1203-531.92-00 ($230,554.00) AND 001-1203-531.59-08 ($180,000.00) RESPECTIVELY. WHEREAS, the City of Port Arthur has a plethora of pot holes to patch; and WHEREAS, the City of Port Arthur in an effort to patch as many pot holes as possible and to have a more permanent patch regime will purchase a pot hole patching truck and contract a crew for six (6) months to help the City pot hole crew to patch pot holes and to train City staff on the pot hole patching truck; and, WHEREAS, during a council meeting on June 11, 2019, there was a City presentation on the results of the pot holes patched with Perma-Patch or Road Rescue and HP (High Performance) Cold Mix; and, WHEREAS, the City proposed three (3) methods for pot hole patching: - Bulk Order Perma-patch (Only on Summer Months) - High Performance Cold Mix (Currently Being Used) - Infrared Pot Hole Patching ; and, WHEREAS, the City will divide the city in sections and the patching crew will adopt a targeted area of pot hole patching which is similar to the trash pick-up schedule; and, P.R. 21061 Page 2 WHEREAS, Trace Infrared has patented this method of pot hole patching and is therefore the sole source for the pot hole patching truck see attached Exhibit "A" for the patents and the itemized cost of the pot hole patching truck; and, WHEREAS, Trace Infrared will provide a crew to patch pot holes for six (6) months and will train City Staff on how to operate the pot hole patching machine see attached Exhibit "B"; and, WHEREAS, at the end of the contract with Trace Infrared for the pot hole crew the City has the option to retain the contracted crew to City Staff; now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Council of the City of Port Arthur hereby authorize the City Manager to enter into an agreement with Trace Infrared Asphalt Restoration, LLC for the purchase of a pot hole patching truck and contract for a patching crew for six (6) months in the amount of $410,554.00 see Exhibit "B" and "C" for itemized cost of the pot hole patching truck and substantially the same form the contract for a pot hole crew for six (6) months respectively; and, THAT, this authorization is contingent on a budget adjustment; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P.R. 21061 Page 3 READ, ADOPTED AND APPROVED this the day of , A.D, 2019 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman "Bill" Bartie Mayor Attest: Sherri Bellard City Secretary APP' 9 ED AS TO FORM: APPROVED FOR ADMINISTRATION: 01/1Oegyp izeno Ronald Burton City A'orney\, Interim City Manager P.R. 21061 Page 2 APPROVED AS FOR AVAILABILITY OF FUNDS: Kandy Daniel Interim Director of Finance Gam` c . Alberto Elefano, P.E. Public Works Director Ufl Clifto Williams, CPPB Purchasing Manager Exhibit A The Director of the United States Patent and Trademark Office irt fir; Has received an application for a patent for `• a new and useful invention. The title and description of the invention are enclosed t The requirements o f law have been com- plied with, and it has been determined that a patent on the invention shall be granted under the law. U Therefore, tins United States Patent ..bite td,eia Grants to the person(s) having title to this patent the right to exclude others.from mak- ing, using, offering for sale, or selling the invention throughout the United States of America or importing the invention into the United States of America, and if the inven- tion is a process, of the right to exclude oth- ers_from using, offering,for sale or selling throughout the United States ofAmerica, or importing into the United States of America, products made by that process, for the term set forth in 35 U.S.0 154(a)(2) or(c)(1), subject to the payment ofmainte- R • nance fees as provided by 35 U.S.0 41(b). See the Maintenance Fee Notice on the inside of the cover +.i - • la 1Jiretwr OnhC On/CI i,iir'r/Siuirr Pau!!and TrudrmnurA 0/flu III LII II 111 III 111111 VIII VIII IIII111111111111111111111 III11111 (12) United States Patent (10) Patent No.: US 9.624.624 B2 Filion et al. (45) Date of Patent: .kpr. 18.2017 (54) INFRARED ASPti. :r HEATING.tPPARXTUS (56) References Cited AND METHOD U.S. PATENT DOCUMENTS (71) Applicant: R.Filion Manufacturing Inc.. 3,067.811 A • 12%1962 Wcbstcr A47,1 37/06 Newport.NH (US) 126(39 J 3,129,749 A • 4/1964 Honger F23C 99/00 (72) Inventors: Roger G Filion.Charlestown. NII 431329 (US): Randall L Tewksbury. Newport. 3.199.572 A * 8/1965 Bould F23D 14/14 NH(US) 431/329 3,221.617 A * 121965 Quigg EOIC 231082 (73) Assignee: R.FILION MANUFACTURING 126/271.2 A INC.,Newport, NH(US) 3311.104 A * 311967 Wollner E01C23i14 1261271.2 A (5) Notice: Subject to any disclaimer,the term of this (Continued) patent is extended or adjusted under 35 U.S.C. 154(b)by 0 days. OTHER PUBLICATIONS (21) Appl.No.: 14/549,051 Ray-Tech Infrared Corporation Pavement Heaters website: hap: www.raytechin frared.comipavement_heater.• (22) Filed: Nov. 20, 2014 (Continued) (65) Prior Publication Data Primary Examiner—Thomas B Will Assistant Examiner- Katherine Chu US 2015/0139727 Al May 21. 2015 (74) Attorney.Agent. or Firm—Maine Cernota&Rardin Related U.S.Application Data (57) ABSTRACT (60) Provisional application No.61/906.552.filed on Nov. An infrared asphalt heating and repair apparatus includes a 20, 2013. converter having downward facing slits cut therein to pro- vide enhanced durability over prior art ceramic blanket or (51) Int.Cl. metal ribbon style heaters.In embodiments,the slits are cut E01C 7/06 (2006.01) by a milling machine, which may be an automatic milling EOIC 7/18 (2006.01) machine,a band saw,or a laser. Embodiments also provide EOIC 23/06 (2006.01) for more uniform heating over prior art solutions, while EOIC 23/14 (2006.01) largely preventing damaging and costly flame-through (52) U.S.Cl. events. Because the heat is more uniform than that of the CPC EOIC 7/187(2013.01):EOIC 23/065 prior art,lower temperatures can be used to achieve similar (2013.01): EOIC 23/14(2013.01) results, thereby extending equipment life, lowering fuel (58) Field of Classification Search costs, and reducing warm-up times. CPC EOIC 23/14 See application file for complete search history. 18 Claims, 11 Drawing Sheets 200 110 200 115 .4010, .,t .'..„.„...--.2'44,,,,,.....-Nprii‘. ••••.,,, ...,.... 120 125 US 9,624,624 B2 Page 2 (56) References Cited 9,182.119 B2• 112015 Mach F23D 14 145 9,453,642 B2• 9/2016 Arnold. III ............. F23D 14 56 U.S.PATENT DOCUMENTS 2007/0071552 Al• 3/2007 Velsor ..................... EOIC 23 14 404.77 3.852.025 A • 12/1974 Placek F23D 14/145 2008.0292401 Al• 112008 Potts EOIC 19238 I26/92 B 404'95 3.941.116 A • 3/1976 Placek F24C 3;14 2010/0021233 Al• L'2010 Chandler EO IC 23/14 12692 B 404/77 3.975.140 A • 8/1976 Placek B60H 1/0025 2012/0000457 Al• L2012 Paysant A47J 37/0713 12692 B I26i25 R 4.052.593 A • 10/1977 Ebert B29B 13/023 201410242529 Al• 8/2014 Arnold,III F23D 1456 219/405 431 157 4.601.605 A • 7/1986 Damp EOIC 23i065 2014/0248570 Al• 9/2014 Zhang F24C.3 04 126/271.2 A 431 263 4.711.600 A • 12'1987 Yates EOIC 23/14 126271.2 A OTHER PUBLICATIONS • 5,645.043 :1 • 7:1997 Long F24C 1/10 12691 R 7.611 351 132* 112009 Krauklis F23D 14%145 Kase Infrared Asphalt Equipment website:http: www.kasiinfrared. 431/170 comilnfrared-Asphalt-Equiprnent.php.• 8.562247 B2* 10,2013 Giles E01C 23/14 404/118 *cited by examiner L .S. Patent .apr. 18. 2017 Sheet 1 of 11 US 9,624,624 B2 10 100 110c. 120 F, ,r 4...) � A • , , L 3. a E a I f 3 C F. 3 7 a a a _e : s a a s5 •a 3 A G 2 S 3 C 3 G E z E 1 = _meq I = s s a a o a a a - _ E. a a a 4. a fr.—§ a , 1 i i =1 Ia s a iIV i i _ I 115 i) 125 Fig. 1 U.S. Patent rpr. IS. 2017 Sheet 2 of 11 Us 9,624,624 B2 200 110 200 1+s &VI. `- 4 ', 1' 4, \N. \�'�: ' �. p. - -,' , -', *-. r*,. v/'\, 40 ,, • „ "`'` ., 4.'&-, 4* 41*p 41*`6' -41141.4* 7Ir .... .*\'-,s,* 7111111).,8711r 4447401,.. ..a. 120 125 Fig. 2 U.S. Patent Apr. 18, 2017 Sheet 3 of 11 US 9,624,624 B2 300 int. T905 • mmomons ammamm = 315 MMIMMM - ,�j'`115 X310 Fig. 3 U.S. Patent Apr. 18, 2017 Sheet 4 of 11 US 9,624,624 B2 400 115 315 405-J-.13 125 Fig. 4 U.S. Patent Apr. 18, 2017 Sheet 5 of 11 US 9,624,624 B2 125 � ■ 120 11 315 r r r 1- z /am 115 400 I= a = _ I c=,_ s 4111111I. 310 a = r r s a I 1_ 115 al 300-1—b r a a ii ..... 305 Fig. 5 U.S. Patent kpr. 18, 2017 Sheet 6 of 11 US 9,624,624 B2 < _ <`` T 115 315 - t 115 AP" Fig. 6A Fig. GB U.S. Patent Apr. 18, 2017 Sheet 7 of 11 US 9,624,624 B2 411001. 11101.1°1°- 11111110111 700 120 Fig. 7 U.S. Patent Apr. 18, 2017 Sheet 8 of 11 US 9,624,624 B2 SOo 805 � 805 F-T Fig. 8 U .S. Patent Apr. 18, 2017 Sheet 9 of 11 C;S 9,624,624 B2 - - - MIN SIM - - IMMIMMOMMOMMOMMOMMOMMI I-I-.mm.-p-C-I-1 - - - - IMM - - =MI NEM IMMIMMOMMOMMIMMIMMIMMI _.=. MM MM MM MM MM MM MM mm mm mm mm mm mm MM I-I-•-1-1i•-1-1 Imm.mmDmmomm.mm,mmoMMI MM MM MM OMM MM MM MM .mm mom mm mom mom omm I-I-•-.-.i•-1-I MM MIM MM MM MM MM UM l= mom mom .-•-1-1i•-1-I 800 WM IMM MM MM MM mm Mm MM MM MM Mm MM 1MM MM mm mM MM MM MM =NM Mm mm mm MM MM 1111 mm mm mm mm mm mm mm mm mm mm mm mm mm MM mm MM MM MM MM MM WM 1MM Mm mm MM 1MM WM MMI mm MM Mm mm MM Mm MM mm mm mm mm mm mm mm MM MMI 1MM 1MM Mm MM 1MM mom IMM - Mm mm mm mm MM 1MM OMMMOM _._._.=.=.i 4111110 mm mm mm mm mm mm MM Mm mm MM Mm Mm mm mm mm mm mm mm mm - - -mom mmo mom comm _l mm mm mm mm mm mm MM MMI MI= MM mm MM WM MM 1Mm-IIae Imm mm a Ce;MMI mm mm mm mm mm mm mm mm mm MM mm 1- :�I C u-Ii•i.iS MIN _._._. I- iI I-• .- -5 IMM MeI Mm mM mm mm- _ mm mM mm _ mommy • .11111110 MOMMM MM MM MM Mm mm MM.- IMMIIMMVmMEMMOmmirmmOMMI 1-.i•-1-1-.-1-I MM Mm MM mm mm mm MMI IMM IMM man MP MEN mm wm mm mom1-'110. sMIN'-'- -ommo ' ' mm MM Mm mM MM — —•S1—.—•-1—I Fig. 9 U.S. Patent .fpr. 18, 2017 Sheet 10 of 11 Us 9,624,624 B2 905 'f 900 <-�f - -- 114 (4111° 40, i 6,1/4_ `--1111P1'-- „:.-.5:" iii::,-- ,,,,,,.. 111W-4‹. # # ---- 105 r. kki� �fl. . . 200 � I 200 'Illgv4. 40073P--- (;;"<*ot. 105 A*: Fig. 10 U.S. Patent Apr. 18, 2017 Sheet 11 of 11 US 9,624,624 B2 905 310 ,,,, r:,:is, • 4000t0'` /?%'` ° . .7 - 1;-_-' direot.fr° r'- --- .0.- --,.: / -G-' . 0.-,,,..<. __/:,P- -° 41;11,-,e- 105 „f 4" 105 Fig. 11 US 9,624,624 B2 1 2 INFRARED.tSPH.U:I'HEATING APPARATUS heating up the surrounding air,because the infrared radiation AND METHOD travels through the air, losing little energy. before being absorbed by the asphalt. Infrared heating also provides RELATED APPL1(..AFIONS quicker heating of sub-surface asphalt than purely convec- tive heating. Because the actual heating is done through This application claims priority to U.S.Provisional Appli- infrared radiation.rather than convective heating.the asphalt cation No. 61/906,552. filed on Nov. 20, 2013. This appli- is evenly heated and softened throughout its depth. How- cation is herein incorporated by reference in its entirety for ever.the current state of the art in infrared heating and repair all purposes. of asphalt is not without its problems. 10 Ceramic blanket heaters will eventually need to have the FIELD OF THE INVENTION ceramic blanket replaced at substantial cost. either due to normal use or because it has developed tears in the material. The invention relates to asphalt repair,and more purlieu- tarty, to infrared heating and repair of asphalt. Che efliciency of ceramic blanket halters will also deterio- t rate because of a buildup of carbon and other combustion BACKGROUND OF THE INVENTION byproducts on the ceramic blanket over time. Metal ribbon infrared asphalt heating and repair devices Asphalt is in use in most places that vehicles are.Asphalt also suffer issues that prevent their widespread adoption. is durable, economical, and should last for many years. typically suffering front uneven and inconsistent heating, Asphalt will not last forever though. and some sections of 20 unreliable operation. high temperature operation (reduced asphalt may well deteriorate prematurely, leading to failure durability),and high fuel usage.in particular.the sizes of the of surrounding portions if not addressed promptly.Common orifices created by bending and periodically welding metal causes of premature failure in asphalt sections are excessive ribbon material in a channel arc inconsistent.in turn affect- water flow,poor drainage,sinking of underlying ground.and ing the uniformity of heat given off by the device. This oil.grease,gasoline, or chemical oxidation. 25 variation in orifice size and heat requires additional expen- The United States alone spends roughly S16 billion USI) diture of fuel to achieve at least a minimum usage tempera- annually on repair of existing roadways(calculated based on ture throughout the heated region and also allows for the Federal Highway Administration's Highway Statistical occasional large bursts of flame through these ribbons. Series, for years 2004-2008). According to the American referred to as flame-throughs.which can cause failure of the Association of State Highway and Transportation Officials, 3n nickel chromium grids,as well as scorching of the asphalt. every SI spent to keep a road in good condition avoids S6-14 the higher than necessary operating temperature required needed later to rebuild the same road once it has deteriorated because of the non-uniform output of these devices also significantly (American Association of State Highway and Transportation Officials(:ASI ITO)and The Road Informa- considerably shortens the life of the nickel chromium mate- tion Project.(2009)."Rough Roads Ahead: Fix Them Now 35 cal• or Pay for It Later."http://mughmads_transportation.org/.) What is needed thereforeare apparatus for infrared To this end,many repair techniques have been developed, heating and repair of pavement that use less fuel,eliminate such as"throw-and-go"(placing fresh asphalt into a pothole flame-through events.provide more uniform output.and are or crack,with no further steps)."throw-and-roll"(similar to more robust than those of the prior art. throw-and-go, but also includes an attempt to compact the 4n fresh asphalt by driving over it with a vehicle). spray SUMMARY OF THE INVENTION injection (requires customized vehicles and materials, involves spraying of asphalt mix through a nozzle and onto One general aspect of the present invention is an infrared the existing asphalt to be repaired). edge seal (cutting the asphalt heating and softening system for infrared repair of deteriorated pavement out. adding fresh asphalt.and corn- 45 asphalt, comprising at least one blower operatively con- pacting with vibratory rollers or the like), and infrared nested to a fuel supplying conduit, at least one manifold, heating and repair.Of these, infrared heating and repair of fixed to a frame, in communication with the fuel supplying damaged asphalt has many benefits, including seamless conduit,at least one converter,which may.in embodiments. bonding of the patch to the surrounding asphalt. requiring be of a cylindrical shape and made of stainless steel,in fuel only one trip to the site of the repair.less new asphalt being so communication with said manifold and having a plurality of necessary to make a similar repair.fewer freeze/thaw issues downward facing slits through which fuel can emerge and occurring,and less potential for injury of workers.because combust.the converter being positioned within the frame,at there is no need for saw cutting. jack hammering_spraying least one reflector configured to reflect infrared radiation of solvents,or the like. produced by the converter downwardly.and at least one grid. Existing infrared asphalt repair apparatus are either of the 55 made of'infrared emitting material, configured such that a ceramic blanket or metal ribbon variety. Ceramic blanket combustion chamber is formed between the converter and heaters typical of the prior art use LPC;(I.iquefied Petroleum the gridthe grid further configured to absorb heat produced Gas) to heat a ceramic blanket, which in turn radiates in the combustion chamber and re-emit the heat downwardly infrared energy. Metal ribbon heaters generally use a plu- in the form of infrared radiation. rality of thin strips (ribbons)of metal that are placed in a 60 Another embodiment of the present disclosure provides channel, bent in a wave-like pattern. and welded every such an infrared asphalt heating and softening system 6-12". LPG is channeled through the orifices formed wherein the downward facing slits of the converters,which between the metal ribbons. and lit. This LPG then heats may be made of stainless steel and cylindrical in shape.are grids, typically made of nickel chromium, which radiate approximately 0.4688"-0.5000"wide.These slits may also infrared energy into the pavement. Infrared heating is used 65 be between approximately 0.025"-0.035"thick. instead of purely convective heating due to superior effi- Yet another embodiment of the present invention provides ciency. By using infrared radiation, less halt is wasted such an infrared asphalt heating and softening system for US 9,624,624 B2 3 4 infrared asphalt repair wherein the downward facing slits of specification has been principally selected for readability the at least one converter number 64 slits per 34" of and instructional purposes.and not to limit the scope of the converter length. inventive subject matter. Still another embodiment of the present invention pro- vides such an infrared asphalt heating and softening system 5 BRIEF DESCRIPTION OF THE DRAWINGS wherein the aforementioned grid is made of nickel chro- mium. FIG. 1 is a bottom elevation view of one embodiment of A still further embodiment of the present invention pro- the infrared pavement repair apparatus of the present dis- vides such an infrared asphalt heating and softening system closure; wherein said the at least one reflector is made using stainless 10 FIG. 2 is a front top, right-side perspective view of an steel. infrared pavement repair apparatus in accordance with one Even another embodiment of the present invention pro- embodiment of the present disclosure: vides such an infrared asphalt heating and softening system FIG.3 is a bottom elevation view of a converter.specifi- wherein a first slit and a last slit are positioned 1.250"from Cally a bottom converter. in accordance with one embodi- 15 ment of the present disclosure: opposing ends of the converter. FIG. 4 is a left-side elevation view of a converter. An even further embodiment of the present invention specifically a top converter,in accordance with one embodi- provides such an infrared asphalt heating and softening ment of the present disclosure: system wherein the plurality of downward facing slits are FIG. 5 is a bottom elevation view of assembled top and produced using a milling machine. 20 bottom converters with reflectors, in accordance with one A still even further embodiment of the present invention embodiment of the present disclosure: provides such an infrared asphalt heating and softening FIG. 6.A is a bottom elevation view of a converter, in system wherein the plurality of downward facing slits are accordance with one embodiment of the present disclosure: produced using a band saw. FIG.613 is a section view showing the slit shape used in A still yet even further embodiment of the present inven- 25 a converter. in accordance with one embodiment of the tion provides such an infrared asphalt heating and softening present disclosure: system wherein the plurality of downward facing slits are FIG.7 is a top.front,right-side perspective view off,from produced using a laser. left to right.respectively,a left-reflector,center reflector and Another general aspect of the present invention is a right reflector, in accordance with one embodiment of the method for infrared repair of asphalt,comprising providing to present disclosure: an infrared asphalt heating and softening system including at FIG. 8 is a right-side elevation view of a grid used for least one blower operatively connected to a fuel supplying generation of infrared energy. in accordance with one conduit,a manifold,fixed to a frame.in communication with embodiment of the present disclosure; the fuel supplying conduit, at least one converter in fuel FIG.9 is a detail view of the grid of FIG.8.in accordance communication with the manifold and having a plurality of 35 with one embodiment of the present disclosure; downward facing slits through which the fuel can emerge FIG. 10 is a top. rear, right-side perspective view of a and combust, the converter being positioned within the frame and subassemblies which comprise an infrared asphalt frame. at least one reflector configured to reflect infrared repair apparatus,in accordance with one embodiment of the radiation produced by the converter downwardly, toward present disclosure: and asphalt to he repaired.and at least one grid_made of infrared ai FIG. 11 is a bottom,rear, left-side perspective view of a emitting material.configured to absorb heat produced by the frame and subassemblies which comprise an infrared asphalt converter and re-emit the heat toward the asphalt as infrared repair apparatus,in accordance with one embodiment of the radiation,heating an area of asphalt to be repaired using the present disclosure. infrared asphalt heating and softening system until it is soft enough to be scarified using hand tools: scarifying and as DETAILED DESCRIPTION repositioning the softened asphalt, smoothing the softened asphalt,and adding fresh asphalt over the smoothed asphalt. Embodiments of the present invention provide precisely Another embodiment of the present invention provides slotted tube-style converter assemblies,which can be mann- such a method. further comprising compacting the fresh factured to tighter tolerances, in lieu of prior art ribbon or asphalt. so ceramic blanket assemblies, producing a more consistent Yet another embodiment of the present invention provides converter orifice size and a more robust apparatus. such a method.wherein compacting of the fresh asphalt is Due to the more consistent sizes of the converter orifices. accomplished using a vibratory compactor. flame heating is produced more uniformly over the entire A yet further embodiment of the present invention pro- heated arca as compared to the prior art ribbon converters. vides such a method, wherein compacting of the fresh 55 so that lower average operating temperatures are required. asphalt is accomplished using compaction equipment This leads to reduced fuel consumption and enhanced dura- selected from the group consisting of paver screeds. steel bility of the asphalt repair equipment. wheel rollers.and pneumatic tire rollers. One embodiment of an infrared asphalt heating apparatus A still further embodiment of the present invention pro- in accordance with the present disclosure is illustrated in vides such a method,further comprising adding maltenes to so FIGS. 1 and 2. This embodiment may use multiple fuel the heated and scarified asphalt prior to smoothing.Addi- connections 100. each in communication with fuel supply tional embodiments also add asphaltenes with the maltenes. manifolds 105. which are in further communication with The features and advantages described herein are not converters 115,which may be beneficially attached through all-inclusive and,in particular.many additional features and the use of pipe fittings 110. although many other types of advantages will be apparent to one of ordinary skill in the art 65 fittings may also be used.The number of converters 115.fuel in view of'the drawings. specification. and claims. More- connections 100 and fuel supply manifolds 105 is scalable. over, it should be noted that the language used in the in embodiments, and may be as few or as many as is US 9,624,624 B2 5 6 necessary to expeditiously complete the repair task at hand. In embodiments,a dual 12 volt blower system 200 may be Reflectors 120 are also shown,which act to focus infrared used to provide an optimal air/fuel mix to the converters 115. radiation,produced by combustion of fuel in the converters The fuel may be liquid petroleum gas (LPG), propane, or 115 and subsequent heating of a specially designed grid 800 any of a number of liquid or gaseous fuels. (not shown in Fl(i. 1 or 2).into asphalt to be repaired when 5 Various embodiments of the present invention use nickel the apparatus is in operation. chromium as the infrared radiation emitting grid 700 mate- The converters 115 may be secured to a frame 905(shown rial.as well as for the converters 115 themselves. in FIG. 10). as is described in more detail below with The foregoing description of the embodiments of the reference to FIGS. 10 and 11, using provided tabs 125. invention has been presented for the purposes of illustration which include connection points 405.as discussed in more to and description.Each and every page of this submission,and detail below with reference to FIOi. 4. The frame 905 may all contents thereon, however characterized, identified, or further comprise grates 900, thereby allowing airflow between a bottom portion of the frame 905 and a top portion numbered, is considered a substantive part of this applica- of the frame 905 Rivets,bolts.welding and other methods of tion for all purposes, irrespective of form or placement fastening the converters to frame 905.which arc of a suitable 15 within the application.This specification is not intended to size,given the intended repair task. may also be utilized. be exhaustive or to limit the invention to the precise form As best illustrated in FIG. 5, some embodiments of the disclosed. present invention utilize interconnect-able converters 115. allowing for the apparatus to be scaled to the project at hand Among that which is claimed is: while minimizing the size of shipped components and the 20 1.An infrared asphalt heating and softening system for need to manufacture differently sized components. While infrared repair of asphalt.comprising: embodiments of the distinct converters 115 utilize similar at least one blower operatively connected to a fuel sup- slit 315 patterns and designs.hardware for the interconnec- plying conduit; lion of converters differs.dependent on the desired position at least one manifold.fixed to a frame,in communication of the converter in its frame 905. as is described in more 25 with said fuel supplying conduit: detail below with reference to FIGS. 3,4 and 5. at least one converter in fuel communication with said Now referring to FIG. 3. bottom converter assemblies manifold and having a plurality of downward facing 300,according to the embodiment depicted may utilize pipe slits through which fuel can emerge and combust. the nipples 305 for connection to a pipe fitting 110.in operative converter being positioned within said frame: communication with a fuel supply manifold 105,in addition 311 at least one reflector configured to reflect infrared radia- to providing a plain pipe nipple 310 on an opposite end. tion produced by the converter during combustion of which may be used for interconnection with a top converter said fuel downwardly:and assembly 400.as shown in FIG. 4. at least one grid, made of infrared emitting material. The top converter 400 of FIG. 4. in embodiments, configured such that a combustion chamber is formed includes a tab 125 for securing the top converter assembly 35 between said converter and said grid,said grid further 400 to the apparatus frame 905.The tab may be secured by configured to absorb heat produced in said combustion welding in some embodiments to a converter 115 including chamber and re-emit said heat downwardly in the form • slits 315 to provide a top converter 400. Reflectors 120. of infrared radiation. including slots 700 for holding infrared emitting grids 800, 2. The infrared asphalt heating and softening system of may also be attached. ao claim 1 wherein said downward facing slits of said at least FIG. 5 illustrates one embodiment of the present inven- one converter are between approximately 0.4688" and tion, wherein a bottom converter assembly 300 is opera- 0.5000"in width. Lively connected to a top converter assembly 400 through 3. The infrared asphalt heating and softening system of use of a plain pipe nipple connection 310. claim 1 wherein said downward facing slits of said at least FIGS.6A and 613 illustrate a converter 115 with slits 315 45 one converter are between approximately 0.025"and 0.035" configured in accordance with one embodiment of the in thickness. present invention. These slits may be cut into the material 4. The infrared asphalt heating and softening system of using a variety of techniques and at a variety of different claim 1 wherein said downward facing slits of said at least sizes,however,use of a band-saw or other tool providing a one converter number 64 slits per 34"of converter length. similar profile cut. with the cut itself having measuring so 5. The infrared asphalt heating and softening system of between 0.4688"-0.5000" in width, has been shown to claim 1 wherein said converter is made of stainless steel. produce a desirable flame spread suitable for asphalt repair. 6. The infrared asphalt heating and softening system of In embodiments,slits 315 may he produced in a converter claim 1 wherein said converter is cylindrical in shape. 115 through use of a milling machine and a fixture. These 7. The infrared asphalt heating and softening system of slots may desirably be 0.025"thick to achieve optimal flame 55 claim 1 wherein said grid is made of nickel chromium. spread and energy transfer to the infrared emitting grid 800. 8. The infrared asphalt heating and softening system of Other embodiments of the present invention may have claim 1 wherein said at least one reflector is made of slits 315 cut with a laser,a band saw,a milling machine.or stainless steel. a variety of other means,to achieve alternative flame spread 9. The infrared asphalt heating and softening system of patterns.which may be beneficial for specific uses. 50 claim 1 wherein a first slit and a last slit are positioned Reflectors 120 used in embodiments of the present inven- approximately 1.250" from opposing ends of the converter. tion can be made from sheet metal or similar material. 10.The infrared asphalt heating and softening system of Construction of embodiments of the present invention claim 1 wherein the plurality of downward facing slits are includes producing slots 700 in the reflector material suit- produced using a milling machine. able for holding infrared emitting grids 800 in place. 65 11.The infrared asphalt heating and softening system of Embodiments of such grids 800 are fastened to the reflectors claim 1 wherein the plurality of downward facing slits are via grid legs 805 as shown in FIG.8. produced using a band saw. US 9,624,624 B2 7 8 12.The infrared asphalt heating and softening system of scarifying and repositioning said asphalt: claim 1 wherein the plurality of downward facing slits are smoothing said asphalt:and produced using a laser. 13.A method for infrared repair of asphalt, comprising: adding fresh asphalt over said smoothed asphalt. providing an infrared asphalt heating and softening sys- s 14.The method of claim 13.further comprising compact- tem including ing said fresh asphalt. at least one blower operatively connected to a fuel supplying conduit. a manifold fixed to a frame, in 15.The method of claim 14.wherein said compacting of communication with said fuel supplying conduit,at said fresh asphalt is accomplished using a vibratory corn- least one converter in fuel communication with said to pastor. manifold and having a plurality of downward facing 16.The method of claim 14.wherein said compacting of slits through which the fuel can emerge and combust. said fresh asphalt is accomplished using compaction equip- the converter being positioned within said frame,at ment selected from the group consisting of paver screeds. least one reflector configured to reflect infrared steel wheel rollers, and pneumatic tire rollers. radiation produced by the converter downwardly, is 17.The method of claim 13, further comprising adding toward asphalt to be repaired,and at least one grid, maltenes to said heated and scarified asphalt prior to made of infrared emitting material, configured to smoothing said asphalt. absorb heat produced by said converter and re emit 18.The method of claim 16. further comprising adding the heat of said asphalt as infrared radiation: asphaltenes to said heated and scarified asphalt prior to heating an arcaof said asphalt to be repaired using said 20 smoothing said asphalt. infrared asphalt heating and softening system until said asphalt is soft enough to be scarified using hand tools; * * * * * Exhibit B R.Filion Manufacturing INC, Infrared Asphalt Equipment Specialist P.O.Box.895 Claremont N,H,03743 For Sales,Parts,service&Tech Kasi Tel:603-865-1893 Support Fax:603-865-1896 (800)450-8602 INFDOHEU DATE QUOTE# 06-27-2019 0627197 Port Arthur, Texas ITEM PRICE 1. 2019 3 Ton Patriot System $124,995.00 A.3 ton Re-Claimer w/Hydraulic Top Loading Doors S B.48 SF Hydraulic Lift 8 Converter Stainless Steel Infrared Chamber S C. Hydraulic Lift Roller Storage Area S D.3,000 LB Capacity Hydraulic Dumping Waste Bin S E. 30 CU FT Tool Storage Area W/Expanded Metal Gates S F.Truck Electrical Charging Connection $ 300.00 G. Installation on Chassis $2,895.00 H. Ultimate Air Brushless Motor System NC I. LED Arrow Bar W/Top Directional/Stop Lights $2,300.00 J. 35 Gallon Water Storage Capacity $ 685.00 K.Two 1000 Lumen LED Work Lights $ 695.00 L. Behind Cab Tool Storage Box $2,950.00 M. PTO Hydraulic Pump and Installation $2,895.00 N. Five 100 LB DOT LPG Vapor Draw Tanks $ 1,550.00 O. Insulated Exterior Re-Claimer Doors NC P. Vibco GR-3200 Single Drum Vibratory Roller $ 8,499.00 Q. Remote Blower Motor Air Draw NC R. Single Location All Digital Controls NC S. Back Up Camera $ 850.00 T.Tools and Equipment $ 6,000.00 U.Three Days Training S SUB TOTAL $154,614.00 2. 2020 Kenworth T-270: $75,940.00 300 HP PACCAR PX 7 Diesel, Allison 2500 RDS Air Brakes/Horns/Seat, Suspension, Loaded Version 26,000 LB GVWR TOTAL $230,554.00 'OB: NEPORT, NH 03773 )EPOSIT: TBD IALANCE: DUE: UPON SHIPMENT WILD TIME: 6-10 WEEKS ARO Kasi INFNNNED KASI PATRIOT SPECIFICATIONS 3, 5, & 6 Ton INFRARED CHAMBER CHAMBER DIMENSIONS: 6' X8' X11" CHAMBER CONSTRUCTION: 14 GAUGE WELDED STAINLESS STEEL A FRAME: STAINLESS STEEL ANGLE AND TUBING BOX FRAME: STAINLESS STEEL TUBING CHAMBER SUPPORT ARMS: STAINLESS STEEL TUBING CHAMBER CORNER SUPPORTS: STAINLESS STEEL ANGLE LOUVERS: 18 GUAGE STAINLESS STEEL INFRARED CONVERTERS 36" SEAMLESS 3/8 " WALL STAINLESS STEEL PIPE CONVERTERS AUTOMATIC LATHE MACHINED LPG VAPOR ORAFICES PRECISION WELDED 16 GUAGE STAINLESS STEEL REFLECTORS 18 " NICKEL CHROMIUM INFRARED GRIDS 16 CONVERTERS REQUIRED IN A STANDARD 8 ROW 6' X 8' CHAMBER DUAL CHAMBER ROADSIDE AND CURBSIDE 4' X 6' CAPABILITY RE-CLAIMER TRIPLE WALL CONSTRUCTION: INNER WALL AND SHOVEL DECK: 10 GUAGE STEEL MIDDLE WALL: 14 GUAGE STEEL OUTER SKIN: 12 GUAGE STEEL INSULATION: 2 INCHES OUTER WALL RE-CLAIMER DOORS TOP DOORS: INSULATED AND HYDRAULICALLY OPERATED SHOVEL DOORS: INSULATED SLIDING DOORS 3 TON 1 SHOVEL DOOR PER SIDE 5 TON 2 SHOVEL DOORS PER SIDE 6 TON 3 SHOVEL DOORS PER SIDE EXTERIOR DOORS: INSULATED EXTERIOR RE-CLAIMER DOORS. RE-CLAIMER INFRARED HEAT SOURCE DIRECT AIR INFRARED BURNERS WITH LONG LIFE NICKEL CHROMIUM SCREEN IN PRECISION FIT BURNERS EXTERNAL VENTURI AIR SOURCE: BURNERS DRAW DIRECT OUTSIDE AIR FOR CONSISTENT INTERNAL OXYGEN SUPPLY. UPPER VENTS: VENTED TO THE OUTSIDE NOT THE INSIDE OF THE ASPHALT COMPARTMENT. BTU OUTPUT: 3 TON RE-CLAIMER TWO 37,500 BTU BURNERS 5 TON RE-CLAIMER TWO 50,000 BTU BURNERS 6 TON RE-CLAIMER FOUR 37,500 BTU BURNERS COMPACTOR COMPARTMENT HYDRAULIC LIFT ROLLER STORAGE AREA WITH 30" X 33" STORAGE AREA 15" OFF THE GROUND 1000 LB CAPACITY. HYDRAULIC DUMPING WASTE BIN 3,000 LB HYDRAULICALLY OPERATED SIDE DUMPING WASTE BIN. ON BOARD STORAGE 30 CUBIC FOOT TOOL STORAGE AREA WITH EXPANDED METAL GATES. HYDRAULIC SYSTEM HYDRAULIC LIFT CHAMBER DRIVEN BY TWIN 2.5 INCH 4500 PSI HYDRAULIC CYLINDERS FOR RAISING AND LOWERING THE CHAMBER AND TWO 2.5 INCH 4500 PSI HYDRAULIC CYLINDERS FOR HEIGHT ADJUSTMENT. HYDRAULICALLY OPERATED TOP LOADING DOORS ON THE RE-CLAIMER. ONE 2.5 INCH 4500 PSI HYDRAULIC CYLINDER PER DOOR. 12V ELECTRIC/HYDRAULIC PUMP. 2500 PSI @ 1.8 GPM OR PTO HYDRAULIC PUMP 3,000 PSI 2.8 GPM ELECTRICAL A SELF CONTAINED 12 VOLT SYSTEM COMPRISED OF FOUR 6 VOLT DEEP CYCLE MARINE BATTERIES MAINTAINED BY THE TRUCK CHARGING SYSTEM WITH A BUILT IN 20 AMP MARINE BATTERY CHARGER/MAINTAINER. LPG SUPPLY PROPANE VAPOR IS SUPPLIED BY FIVE 100 LB MULTI VALVE VAPOR DRAW PROPANE TANKS CONNECTED TO COMMON MANIFOLDS BY FLEXIBLE 1/2" ID HIGH PRESSURE HOSE WITH POL VALVE TANK CONNECTORS. THE FUEL/AIR MIX IS DRIVEN BY 12V BRUSHLESS MOTORS WITH REMOTE AIR. THE FLEXIBLE HIGH PRESSURE HOSE CONNECTION TO THE MIXING CHAMBERS FOR THE BRUSHLESS MOTORS IS 1/2" ID ALL FIXED PROPANE LINES ARE TO BE CONTINUOUS STAINLESS STEEL TUBING WITH SWAGELOCK FITTINGS. '/z"DIAMETER X .035" WALL FOR THE RE-CLAIMER 3/4" DIAMETER X .035 WALL FOR THE CHAMBER. TWO 300,000 BTU REGULATORS AND LINES FOR THE RE-CLAIMER (ONE FOR EACH BURNER) TWO 1.3 MILLION BTU REGULATORS FOR THE CHAMBER (ONE FOR EACH SIDE) ALL TIED BY STAINLESS STEEL TUBE AND SWAGELOCK MANIFOLDS. PRESSURE OUTPUT FOR ALL REGULATORS IS SET AT 11 INCHES OF WATER. SAFETY PRESSURE ACTIVATED GAS SOLENOIDS TO PREVENT THE FLOW OF VAPOR WHEN THE UNIT IS NOT OPERATING. FULL TIME FLAME SENSING SHUT OFF CONTROLS EXCESS FLOW CHECK POL VALVES MASTER CUT OFF SWITCH IS LOCATED INSIDE A LOCKABLE CONTROL BOX. ALL LED LIGHTING. 5 LB FIRE EXTINGUISHER HYDRAULICALLY OPERATED RE-CLAIMER TOP LOADING DOORS. CONTINUOUS STAINLESS STEEL TUBING AND SWAGELOCK FITTINGS ON ALL LPG SYSTEMS. HYDRAULIC FLUID IS NON-FLAMMABLE -70F. DIMENSIONS: 3 TON MINIMUM CHASSIS GVWR 26,000 LBS MINIMUM CHASSIS CAB TO REAR AXLE CENTER DIMENSION 120" RE-CLAIMER WEIGHT 2,450 LBS DECK WEIGHT 2,500 LBS CHAMBER WEIGHT 1,250 LBS SUPERSTRUCTURE AND HYDRAULICS 1100LBS 5 TON MINIMUM CHASSIS GVWR 31,000 LBS MINIMUM CHASSIS CAB TO REAR AXLE CENTER DIMENSION 150" RE-CLAIMER WEIGHT 2,850 LBS DECK WEIGHT 2,500 LBS CHAMBER WEIGHT 1,250 LBS SUPERSTRUCTURE AND HYDRAULICS 1100 LBS 6 TON MINIMUM CHASSIS GVWR 33,000 LBS MINIMUM CHASSIS CAB TO REAR AXLE CENTER DIMENSION 170" RE-CLAIMER WEIGHT 3,350 LBS DECK WEIGHT 2,500 LBS CHAMBER WEIGHT 1,250 LBS SUPERSTRUCTURE AND HYDRAULICS 1100 LBS PERFORMANCE INFRARED CHAMBER EIGHT ROWS OF INFRARED CONVERTERS MINIMUM. HEAT TIME FOR A DEPTH OF TWO INCHES IN STANDARD MIX DESIGN ASPHALT CEMENT IS FIVE TO SEVEN MINUTES AT AN AMBIENT AIR TEMPERATURE OF 50 F WITH NO DAMAGE OR CHANGE IN THE ASPHALT BINDER. FUEL CONSUMPTION NOT TO EXCEED 6.8 GALLONS OF LPG PER HOUR IN CONTINUOUS OPERATION. RE-CLAIMER HOLDING TIME IS INDEFINITE, BUT DEPENDENT ON THE MIX. RE-CLAIMING TIME IS TWELVE TO SIXTEEN HOURS DEPENDENT ON OUTSIDE TEMPERATURE MAXIMUM INTERIOR SKIN TEMPERATURE IS 325 F HOLDING TEMPERATURE OF MIX IS 275 F TO 300 F ELECTRICAL COMPLETELY DIGITAL CONTROL SYSTEM EIGHT SIX VOLT DEEP CYCLE MARINE BATTERIES CONNECTED FOR TWELVE VOLT OUTPUT. TWO BUILT IN MARINE BATTERY MAINTAINER/CHARGERS. TRUCK ELECTRICAL CHARGING CONNECTION TO TRUCK ELECTRICAL SYSTEM. HYDRAULIC CHAMBER LIFT, LOWER AND HEIGHT ADJUSTMENT, DUMPING WASTE BIN, ROLLER LIFT, AND RE-CLAIMER TOP LOADING DOORS ARE HYDRAULICALLY OPERATED. TRAINING ONSITE TRAINING AVAILABLE FOR UP TO 10 PERSONS FOR ONE OR MORE DAYS TO COVER OPERATION, APPLICATION AND MAINTENANCE OF UNIT. Exhibit C ilk iTRACE Infrared Asphalt Restoration, LLC. Asphalt Restoration J ^. Contractor License#62212 PRIME COMMERCIAL t_ 275 Joe Frey Lane asphalt restoration Eunice, LA. 70535 CONTRACT (337)581-7094, Fax(337)457-3798 Email:tleger0l@bellsouth.net 1149 THIS CONTRACT IS ENTERED INTO THIS DATE: OWNER/BUYER NAME OWNER'S ADDRESS City of Port Arthur. Texas 444 4th Street OWNER'S CITY,STATE&POSTAL CODE OWNER'S HOME PHONE OWNER'S WORK PHONE Port Arthur.TX 77640 (409) 983-8100 PROJECT NAME PROJECT ADDRESS 6 Month Labor Contract Infrared Equipment Management PROJECT CITY,STATE&POSTAL CODE PROJECT PHONE PROJECT PHONE 2 (409) 983-8100 CONSTRUCTION LENDER IS:(Name and address of constriction fund holder) N/A (Name and Branch Address of Bank,Saving and Loan Assn.,Escrow Agent.Joint Control or Other) WE HEREBY PROPOSE to furnish all materials and necessary equipment, and perform all labor necessary to complete the following work (Describe Labor, Material and Equipment to be furnished): To supply Labor, Training and Operational Management to repair and/or restore Owner identified Asphalt street damage. Labor (One Foreman and 2 Laborers)will be supplied by TRACE Infrared Asphalt Restoration, LLC. for the period of 6 months. (26 weeks). Working Days will follow The City of Port Aurthur yearly work schedules. City will be responsible for Purchase of Infrared Equipment, Related DOT Licensing, Insurance, all operating expenses, repairs and materials needed for repairs. City will supply all work orders and locations. City may also be responsible for additional Traffic Control. Upon termination of contract after 6 month term (26 weeks), TRACE Infrared Asphalt Restoration, LLC., will release Labor Staff to City for City employment. Payment Term: One week Deposit. Net 15 Days thereafter. TIME FOR COMPLETION: The work to be performed by Contractor pursuant to this Agreement shall be substantially completed within ( 6 Months_(2019-20) )days or approximately on ASAP INTEREST: Overdue payments will bear interest at the rate of 1.5 %per month. PAYMENT:This is a cash transaction. Owner agrees to pay Contractor a total cash price of: One Hundred Eighty Thousand Dollars and NO/100 Dollars($ 180,000.00 ). Down payment(if any)$ 6.923.08 with payments to be made as follows: Net 15 days TERMS AND CONDITIONS: The Terms and Conditions attached are expressly incorporated into this Agreement. You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached Notice of Cancellation form for an explanation of this right. Cancellation by the buyer after the right to rescind has passed shall be deemed a material breach of this agreement and entitles Contractor to damages. Timothy B. Leger 117. °y rmo�Y B.Leger Oale:2019.09.10 10:07:56 05'00' Contractor/Seller Signature Date Owner/Buyer Authorized Signature Date Contractor/Seller Signature Date Owner/Buyer Authorized Signature Date „nac,;FOROS:nr 30935 anoa•Pari?Pnme C?mmrc a:: rn:: TERMS AND CONDITIONS I. CHANGES IN THE WORK. Should the owner, construction of construction, theft, vandalism and malicious mischief lender, or any public body or inspector direct any modification or endorsements attached, the insurance to be in a sum at least addition to the work covered by this contract,the contract price equal to the contract price. The insurance shall name the shall be adjusted accordingly. Contractor and any subcontractors as additional insured's, and will be written to protect owner, Contractor and subcontractors Modification or addition to the work shall be executed only when as their interests may appear. both the Owner and the Contractor have signed a contract Change Order. The change in the contract price caused by such Should Owner fail to procure such insurance, Contractor may do contract Change Order shall be as agreed to in writing, or if the so at the expense of Owner, but is not required to do so. Owner parties are not in agreement as to the change in contract price, and Contractor waive rights of subrogation against each other to the Contractor's actual cost of all labor, equipment, subcontracts the extent that any loss is covered by valid and collectible and materials, plus a Contractor's fee of ENTER AMOUNT% insurance. If the project is destroyed or damaged by accident, shall be the change in contract price. The Change Order may disaster, or calamity such as fire, storm, flood, landslide, also increase the time within which the contract is to be subsidence or earthquake, owner as extra work shall pay for completed. work done by Contractor in rebuilding or restoring the project. Contractor shall promptly notify the Owner of(a) latent physical VII. RIGHT TO STOP WORK. Contractor shall have the right to conditions at the site differing materially from those indicated in stop work if any payment shall not be made, when due, to the contract, or(b) unknown physical conditions differing Contractor under this Agreement; Contractor may keep the job materially from those ordinarily encountered and generally idle until all payments due are received. Failure to make recognized as inherent in work of the character provided for in payment, within five(5)days of the due date, is a material this contract. Owner as added work shall pay for any expenses breach of this Agreement and shall entitle contractor to cease incurred due to such conditions. any further work. II. OWNER'S RESPONSIBILITIES. Owner agrees to allow and VIII. CLEAN UP. Contractor will remove from Owner's property provide Contractor and equipment access to the property. debris and surplus material created by the operation and leave it in a neat and broom clean condition. III. DELAYS. Contractor agrees to start and diligently pursue work through to completion, but shall not be responsible for IX. COMPLIANCE WITH LAWS. In connection with the delays for any of the following reasons:failure of the issuance of performance by Contractor of duties pursuant to this Agreement, all necessary building permits within a reasonable length of Contractor shall obtain and pay for all permits and comply with time,funding of loans, disbursement of funds into funding all federal, state, county and local laws, ordinances and control or escrow, acts of neglect or omission of Owner or regulations. Owner's employees or Owner's agent, acts of God, stormy or inclement weather, strikes, lockouts, boycotts, or other labor X. ARBITRATION,VALIDITY AND DAMAGES.Any union activities, extra work ordered by Owner, acts of public controversy or claim arising out of or related to this contract, or enemy, riots or civil commotion, inability to secure material the breach thereof, shall be settled by arbitration in accordance through regular recognized channels, imposition of Government with the Construction Industry Arbitration Rules of the American priority or allocation of materials, failure of Owner to make Arbitration Association, and judgment upon the award rendered payments when due, or delays caused by inspection or changes by the Arbitrator(s)may be entered in any court having ordered by the inspectors of authorized governmental bodies, or jurisdiction thereof. for acts of independent contractors, or holidays, or other causes beyond Contractor's reasonable control. XI.ASBESTOS AND HAZARDOUS WASTE. Unless the contract specifically calls for the removal, disturbance, or IV. SUBCONTRACTS.The Contractor may subcontract transportation of asbestos or other hazardous substances, the portions of this work to properly licensed and qualified parties acknowledge that such work requires special subcontractors. procedures, precautions, and/or licenses. Therefore, unless the contract specifically calls for same, if Contractor encounters V. TAXES AND ASSESMENTS. Owner will pay for taxes and such substances, Contractor shall immediately stop work and assessments of all descriptions. allow the Owner to obtain a duly qualified asbestos and/or hazardous material contractor to perform the work or do the VI. INSURANCE AND DEPOSITS. Contractor shall carry work at contractor's option. Said work shall be treated as an Worker's Compensation Insurance for the protection of extra under the contract. Contractor's employees during the progress of the work. Contractor shall carry liability insurance to cover any damages XII.ATTORNEY FEES. In the event legal action or arbitration to Owner's property resulting out of the acts of Contractor. instituted for the enforcement of any term or condition of this Owner shall obtain and pay for insurance against injury to his contract, the prevailing party shall be entitled to an award of own employees and persons under persons on the job site at reasonable attorneys fees in said action or arbitration, in Owner's invitation. addition to costs and reasonable expenses incurred in the prosecution or defense of said action or arbitration. Owner shall also procure at own expense and before the commencement of work hereunder"all-risk" insurance with course C 9naoPYFO.MSco,n.00666 NOhM.Pavny Prang Cwmmaroal Cmnad.