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HomeMy WebLinkAboutProfessional Service Agreement with Ostara Technologies for Nutrient Recovery Pilot Study". AGREEMENT FOR NUTRIENT RECOVERY PILOT STUDY THIS AGREEMENT FOR NUTRIENT RECOVERY PILOT STUDY is made this 22"d day of July , 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Ostara Technologies., hereinafter referred to as "OSTARAn, whose business address is 690- 1199 West Pender Street, Vancouver, BC V6E 2R1. INTRODUCTION Whereas, OSTARA has proposed a no-cost pilot study of its nutrient recovery technology at the Meridian Waste Water Treatment Plant; and WHEREAS, OSTARA is specially trained, experienced and competent to perform the pilot study. NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Pilot Study: 1.1 OSTARA shall perform the pilot study as set forth in the proposal dated June 19, 2009, hereinafter referred to as ~PROPOSALn attached hereto and incorporated herein by this reference. 1.2 OSTARA shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. OSTARA represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. AGREEMENT 1 of 6 , 2. Consideration The pilot study pertormed under agreement shall be at no cost to CITY. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall be pertormed as specified in the PROPOSAL. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, OSTARA shall be acting as an independent contractor, and neither OSTARA nor any officer, employee or agent of OSTARA will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 OSTARA shall determine the method, details and means of performing the work and services to be provided by OSTARA under this Agreement. 5. Indemnification and Insurance: OSTARA shall indemnify and save and hold harmless CITY from. and for any and all losses, claims, fines, penalties, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by OSTARA, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its its servants, a4ents, officers, ema/oyees, Quests, and business invitees. OSTARA shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law. The CITY shall be named an additional insured on both General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided. OSTARA shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing OSTARA'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date OSTARA begins AGREEMENT 2 of 6 ,~ performance of its obligations under this Agreement. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Ostara Technologies 1199 West Pender St.. Suite 690 Vancouver, BC V6E 2R1 Canada 7. Change of Address: Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Assignment: It is expressly agreed and understood by the parties hereto, that OSTARA shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, OSTARA shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Compliance with Laws: In performing the scope of services required hereunder, OSTARA shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. AGREEMENT 3 of 6 ., 12. Termination: If, through any cause, OSTARA, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the pertormance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to OSTARA of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, OSTARA shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by OSTARA. This provision shall survive the termination of this agreement and shall not relieve OSTARA of its liability to the CITY for damages. 13. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 14. Advice of Attorney: Each party wan-ants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 15. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 16. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. AGREEMENT 4 of 6 17. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN O TECHNOLOGIES BY: `/~ TAMMY de RD, MAYOR BY: tt uzma -Vice. President Dated: Attest: JA 'l~1'' U~ Dai~c~l:. July 22.2009 .~` -~~ `, ~`~o~~r~o\, HOLMAN, CITY CLERK Department Approval SEAL _, ~ ; ~,•_ o :' 9p~ -`~T tg~ , P~. `~. .~ ~~~~. ~b(1NTY ~ ~~.~`~`~ BY: S~~~i IJ~ NAME: I~~t 1tb TITLE: Ass;S1-o~ ;ty ag;~wQr Dated: gi~41~ AGREEMENT 5 of 6 EXHIBIT A PROPOSAL DATED June 19, 2009 AGREEMENT 6 of 6 O~T~ ~ A NUTRIENT RECOVERY TECHNOLOGIES INC. MERIDIAN WWTP NUTRIENT RECOVERY PILOT STUDY PROPOSAL June 19, 2009 OSTARA TECHNOLOGIES 690-1199 WEST PENDER STREET VANCOUVER, BC V6E 2R1 604 408 6697 WWW.OSTARA.COM TABLE OF CONTENTS 1. Background .......................................................................................................... 3 1.1 Benefits of the Ostara Process ..................................................................4 2. The Pllot Study .................................................................................................... 6 2.1 Study ObJectives .........................................................................................6 2.2 Study Method ...............................................................................................6 2.2.1 Phase 1 -Review of Available Data ..................................................... 6 2.2.2 Phase 2 - On-Site Testing ..................................................................... 6 2.2.3 Phase 3 -Full Scale Facility Design Review and Proposal ............... 7 2.3 The Pllot Plant ..............................................................................................8 3. Project Responsibilities ....................................................................................10 4. Pliot Study Costs ...............................................................................................11 1. Background This proposal outlines the scope, methods and terms for a pilot study of Ostara's nutrient recovery technology at the Meridian WWTP in Meridian, Idaho. Ostara Technologies, Inc. (Ostara), a subsidiary of Ostara Nutrient Recovery Technologies, Inc., offers proprietary technology for recovering struvite from nutrient rich liquid waste streams. The process was developed at the University of British Columbia and was licensed exclusively to Ostara in 2005. The struvite is recovered in a pelletized form that is suitable for direct use as a fertilizer. Ostara has conducted extensive trials and marketing activities to establish the market for this fertilizer product, which is sold under the trade name Crystal Green®. The flrst full scale facility went into operation in Edmonton, Alberta in May 2007. The second full scale facility is undergoing commissioning in Portland, Oregon. The Ostara process is based on the initiation and control of struvite precipitation within a fluidized bed reactor. Struvite is an equi-molar crystalline matrix of magnesium, ammonium and phosphate (NH4MgP04.6(H20), which forms when each of these three precipitants is sufficiently present. In Ostara's process either one or two of these precipitants is added, such that the remaining compound(s) is removed from solution and struvite is formed. A number of parameters are critical to the formation of struvite (particularly pH), and these are controlled in Ostara's process. Reactor design is also fundamental, wi#h treatment capacity being governed by the mass loading of nutrients. The hydraulic capacity of a given reactor is therefore dictated by the nutrient concentration of the feed stream. The up-flow water velocity is maintained within the vessel by recirculation to keep the struvite bed in suspension, and this also causes biological/organicsnlids to be washed out of the system. The reactor has a hydraulic retention time of 7 minutes. The struvite pellets are retained within the reactor for 1 to 2 weeks to allow time for sufficient crystal growth, with the larger pellets being periodically removed from the base of the reactor. The process is commonly applied for the removal of phosphorous from sewage sludge liquors (e.g. supernatant, centrate, filtrate etc.). As nitrogen is abundant, the only precipitant added to the process is magnesium (typically in the form of magnesium chloride). Where the pH of the feed stream is too low alkalinity is also added (e.g. sodium hydroxide). This standard process configuration is shown in Figure 1 below. Industrial waste streams rich in phosphorous are also suitable for the process. The technology is capable of achieving phosphorus removal rates well in excess of 90%, however, Ostara's experience indicates that the economic optimum removal efficiency varies depending upon the waste stream to be treated. ~e ~~ ~: . ~~ I REtYtIE UNE :T ,p (I . , f~~ !~ .. Figure 1.Overview Diagram of Ostara's Nutrient Recovery Process 1.1 Benefits of the Ostara Process The benefits of Ostara's struvite recovery technology divide broadly between benefits for the treatment plant in which the technology is employed, and benefits at a broader environmental level: Treatment Plant Benefits: • Reduced nutrient loads - by removing nutrients from high strength liquors (being returned to the main biological treatment process) the load imposed on the treatment plant is considerably reduced. This in turn enhances the capacity of the biological process, reduces energy consumption and reduces the amount of waste activated sludge produced. Ostara's technology is key to enabling biological treatment plants to reliably and efficiently meet challenging final effluent nutrient limits. • Prevention of struvite scaling - by causing struvite to precipitate in the reactor, its unwanted formation in downstream process equipment is eliminated. Furthermore, as the concentration of struvite forming compounds is reduced in the main biological process, the formation of struvite in the entire solids treatment stream is also reduced. This avoids the need to dose metal salts (e.g. femc chloride, alum, etc.), thus avoiding the production of chemical sludges. It also avoids pipe/equipment blockages due to scaling, thus reducing maintenance and improving plant reliability. • Reduced bivsolids phosphate content - by recovering a large fraction of the plant phosphate Toad as Crystal Green®, the concentration in biosolids is signficantly reduced, thus facilitating reuse where land application rates are phosphate limited. Environmental Benefits: • Conservation of phosphorous resources -phosphorus is a mineral resource that is being depleted at a rate which is of concern to numerous national and international agencies. It is an element that is essential for all forms of life and which cannot be substituted. The conservation of phosphorous is therefore recognized as one of the key priorities in sustainable economic development. • Fertilizer production -the production of Crystal Green® is estimated to result in reductions of over 50% in sulfur dioxide, carbon monoxide and nitrous oxide emissions; and 80% in carbon dioxide equivalent emissions compared to traditional fertilizer manufacture. Crystal Green®also contains less impurities than mineral fertilizers. • Eutrophication -increasing concern over the environmental impacts of nutrient discharges into watercourses is prompting considerable regulatory action. Ostara's technology addresses this through assisting treatment plants to meet nutrient limits in final effluents, and also due to the slow release nature of Crystal Green®. Slow release fertilizers result in much higher take up by plants compared to conventional fertilizers, and hence much lower runoff of nutrients into watercourses. For the treatment plant owner these benefds translate into reduced costs, improved reliability, superior environmental stewardship and improved final effluent quality. '' 2. The Pilot Studv 2.1 Study Objectives The primary objective of the Ostara pilot study is to determine the optimum operating conditions to maximize the removal of phosphorus from the feed stream. Secondary objectives for the study are to assess the quality of the Crystal Green® produced. The study will also allow nutrient loading rates (and removal efficiencies) to be assessed, thereby confirming hydraulic loading rates and hence reactor capacities. This will confirm the design basis of a full scale struvite recovery facility and hence enable the costs and economic justification to be investigated. 2.2 Study Method Ostara's pilot study process is typically conducted in three phases, as detailed below: 2.2.1 Phase 1 -Review of Available Data In Phase 1 the Ostara team reviews historical plant records, together with the results of jar testing. Particular emphasis is placed upon assessing variations in the centrate quality and flow, along with equipment operating schedules. The quality parameters of key interest are: • Phosphate (P04 - P) • Magnesium • Ammonia • Total Suspended Solids • pH A suitable area to locate the study needs to be identified on site - fihis should be within a building and as close as possible to the centrate source. 2.2.2 Phase 2 - On-Site Testing During Phase 2 the pilot equipment will be installed, commissioned, operated, and then decommissioned. During this phase Ostara proposes to provide a full time operator, who will be supported by Ostara's full technical team. The actual testing period required is estimated at 4 weeks, with allowance for an additional week to install, commission and dismantle the equipment. During Phase 2 Ostara will be grateful if operationaUmaintenance/laboratory staff can be made available to assist with the study, particularly during the setting up and dismantling periods. Sampling and Analysis The proposed sampling and analysis program for the assessment of struvite formation from the digested sludge dewatering stream is summarized in Table 1 below. Table 1 -Proposed Sampling and Analysis Program Parameter Sampling Location Influent Reactor Effluent Ortho-Phosphorous" Daily Daily Magnesium* Daily Daily Ammonia Daily Daily TSS 3 X Weekly 3 X weekly Temperature Online Online pH Online Online Conductivity Online Online "Magnesium samples will also be taken from the chemical dosing tank Sample preparation and analysis requirements are as follows: • Sample preparation for analysis of ammonia, ortho-phosphate and soluble magnesium requires filtration to 0.45 Nm. The key analytical requirement is to have rapid turnaround on samples of ammonia and ortho-phosphate. • Magnesium concentrations are not expected to change as rapidly or by as large a magnitude as ammonia and phosphate, hence rapid turnaround is less important on an ongoing basis. It is, however, important to have at least one sample analyzed rapidly at the Beginning of the test period to determine initial reactor set points. Following this, a 7 day turnaround for magnesium analyses will be sufficient to identify any unforeseen changes. • Reactor influent and effluent samples will need to be analyzed for Total Suspended Solids 3 times per week. This allows Ostara to determine if the concentration of suspended solids in the influent is appropriate for the operation of the fluidized bed reactor, and if residual sludge solids are being retained within the reactor. • pH, temperature and conductivity measurement is carried out on-line in the pilot unit. Sample analysis for TSS, magnesium, ortho- phosphate and ammonia can be conducted on-site if a laboratory exists that is set up to conduct such tests. Alternatively samples can be sent to an ofF site laboratory. 2.2.3 Phase 3 -Full Scale Facility Design Review and Prooosal The pilot study will yield much of the information required to develop a full scale facility design, specifically the performance and chemical consumption of the optimized process, together with feed flow and load data. Ostara will then develop a detailed proposal for the full scale facility in close collaboration with the Meridian staff, assuming it is decided to proceed. 2.3 The Pillot Plant Ostara's pilot study equipment consists of: • reactor tower that is 18" square and 18'6" tall • skid that is appro~dmately 8' square and houses electricaUcontrol equipment, feed 8~ recycle pumps, and chemical storage ~ dosing equipment • final clarifier tank that is approximately 30" in diameter • product drying rack that is approximately 2' by 4' Figure 3 below shows one of Ostara's pilot plants -the reactor tower and clarifier are shown in the photo on the left, and the dosing/pumping/control skid is shown in the photo on the right. The dryer is not shown. Figure 4 shows some of the equipment during a recent pilot study. w ~~ s .. ~ ~~. r _ ' `~ i .r ~~ ry ,~: ' .F ~- i ; tom',- ~ ~, y... ~ ~' ~..... _ ar ~.. n .z _ w~ M T ~.. ~~. Figure 3. Ostara's Pilot Equipment ~~ ~~ -, - ~ K ~~ ~'" , .~ ~" _ ~ , ~;~ ~~_ ` .. ~ , ~j '` t. ~` F' ' a: :. :'~- ~_ ,":+ a~~ ~ wy ;. . ~ n «~ Aye .. _ -~ a' ~N~' ~ ~ w r~ . .. ~+C:. ...~ }Ali ~, `f , `.. ~ ~,~, - ~~ J •~ Y L > ' ~~ ,~ r , k. M ,~ir~ ~ &, `'- 1 ~. Y'` ~~ _ .. ~~ ~ e -, t - z.E ~ ;toll ~`r" , . ;. _ Figure 4. Ostara's pilot equipment in operation The equipment is shipped in 3 crates (on pallets) as follows: #1 - 84"x78"x68" (LWH)15001bs #2 -112"x44"x46" (LWH)10001bs #3 - 48"x40"x46" (LWH) 4501bs Total Weight: 3 pallets, 2950 Ibs 3. Protect Responsibilities Ostara to supply the following: • The pilot scale struvite recovery reactor, with all associated process equipment to make the unit functional • Shipment of the reactor to site • Supervision of the installation and commissioning of the reactor • Provision of sample collection equipment • Provision of magnesium chloride and sodium hydroxide feed chemical • Provision of a full time operator throughout the period of the study • Operational support by Ostara's technical team • Supervision of the decommissioning.ofthe pilot unit and return shipping • Preliminary full scale facility design The Meridian plant is asked to supply the following: • Adequate indoor site for the pilot equipment, plus access to the site for Ostara staff during the study • Adequate feed supply to allow for continuous operation (terminated with a 1" Camlok fitting for connection to Ostara's feed pump suction line) - equalization will be needed if the dewatering stream is intermittent • Utilities, including: electrical supply (110/208VAC - approx 2HP total), and process water or potable water for chemical dilution (-40 gallons/day) • Laboratory analysis of Ammonia, Phosphate, Magnesium and TSS • Electrical connection to plant power (hardwired connection to Ostara's control panel required) • Labor/Forklift assistance with reactor erection and dismantling on site. tl ~~ ~~ t p l 4. Pilot Studv Costs The total price for the pilot study project as proposed is $0 as incentive to allow operation during the PNCWA conference in early-mid September, 2009. Prices do not include any applicable taxes. Table 2: Project Cost Breakdown Item Description Unit No Cost Subtotal 1 Pilot unit rental Month 1 $0.00 2 Shi in LS 1 $0.00 3 O rations su rt da 2 $0.00 4 O rations Dail da 28 $0.00 6 Feed chemicals LS 1 $0.00 7 Travel and Air Fare LS 3 $0.00 8 Reactor o rator livin ex enses da 28 $0.00 Net $0.00 Costs that may be incurred by Meridian have not been included. These will include laboratory costs and staff/management time, plus costs associated with the Meridian plant responsibilities, as identified in Section 3. Acxepted and Signed: City of Meridian: Ostara Technologies: Signature Name Title Date