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Home My WebLink About064892 - General - Contract - Seneca Companies, Inc. and BJ's Wholesale Clubs, Inc.CSC No. 64892 CITY OF FORT WORTH WASTEWATER DISCHARGE AGREEMENT This City of Fort Worth Wastewater Discharge Agreement ("Agreement") is made and entered into by and between the City of Fort Worth, Texas ("City"), a Texas home -rule municipality, by and through its duly authorized Assistant City Manager, and Seneca Companies, Inc., an Iowa corporation ("Company"), by and through its duly authorized representative. WHEREAS, BJ's Wholesale Clubs, Inc., a Delaware corporation, is constructing a building at the property located at the intersection of Altamesa Blvd. and Harris Parkway in southwest Fort Worth; and WHEREAS, Company, a contractor for BJ's Wholesale Clubs, Inc., installed an underground storage tank located at 5109 Altamesa Blvd., Fort Worth, Texas 76123; and WHEREAS, Company requests approval to discharge up to 60,000 gallons of potentially contaminated water ("Water") possessed by Company, located at, into the City's sanitary sewer system ("System"); and WHEREAS, Company has analyzed the Water to identify characteristic pollutants known or reasonably expected to be present therein; and WHEREAS, Company agrees to only discharge Water which complies with pollutant levels described in this Agreement. For and in consideration of the covenants and promises contained herein, City and Company agree as follows: I. COVENANTS 1. City agrees to receive the Water from Company into its System, if it complies with the terms of this Agreement. 2. Company agrees to only discharge Water into the System in strict compliance with the terms of this Agreement for so long as necessary to eliminate the Water from Company's location. Company further agrees: a) That the Water will be within acceptable and safe limits to the System; b) To install a flow meter to record effluent volume in cubic feet or to estimate flow with sufficient written documentation; and c) All discharges shall be compliant with any ordinance requirement of the City or requirement of the Publicly Owned Treatment Works (POTW), and any state and/or federal laws, regulations, codes, or requirements. OFFICIAL RECORD CITY SECRETARY Seneca Companies, Inc. 1 FT. WORTH, TX 5109 Altamesa Blvd. Water discharged pursuant to this Agreement shall not exceed the following limitations: Parameter Effluent Concentration Limit (mg/L) Arsenic 0.25 Cadmium 0.15 Chromium 5.0 Copper 4.0 Lead 2.9 Mercury 0.01 Nickel 2.0 Silver 1.0 Zinc 5.0 Oil & Grease 200 Cyanide 1.0 SGT-HEM 10.0 MTBE 2.0 MEK 1.0 BTEX 1.0 TTO (EPA 624, 625 and 608 compounds) 2.13 pH 5-12 Limits for other parameters will be added based on the contaminants present in the wastewater. FOR THE AVOIDANCE OF DOUBT, COMPANY SHALL DISCHARGE WATER ACCORDING TO FORT WORTH CITY CODE SECTION 12.5-610(a)(21) REGARDING PFAS. Testing — If any other parameters are expected or if contaminants are unknown, testing shall comply with 40 CFR 136, as applicable. PFAS testing shall comply with EPA Method 1633A, provided, if EPA promulgates a successor testing method for PFAS for 40 CFR 1361 the successor PFAS testing method shall be used. Seneca Companies, Inc. 5109 Altamesa Blvd. 3. Company agrees that the Water discharge shall not exceed a rate of 100 gpm (gallons per minute); if an increase is desired, Company will request an increase in writing. The City will endeavor to respond within seven days from date of receipt of such request. The City reserves the right to refuse such request if such requested increase may adversely affect the City's treatment plant or collection system. 4. Company agrees to discontinue discharges if the sewer lines receiving the discharge are found at any time to contain an atmosphere equal to ten percent (10%) of the lower explosive limit (LEL) and/or exhibit a petroleum -like nuisance odor. Company may resume discharging Water when sampling and investigation demonstrate that the Water discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater than ten percent (10%). 5. Company shall not discharge Water in violation of the discharge requirements established by this Agreement. If City determines a violation has taken place, Company shall immediately cease discharging Water until the City determines the violation no longer exists. 6. Company agrees to procure, prior to discharge, and maintain during the life of this agreement, site -specific Environmental Impairment Liability (EIL) insurance at a minimum limit of $3,000,000 each occurrence. The EIL insurance shall include but not necessarily be limited to, coverage as follows: a) Sudden and/or accidental environmental impairment, contamination or pollution, and for gradual emissions. b) Clean-up costs. c) Defense costs. d) Damage incurred to any party or to any property while Water is being discharged and carried by Fort Worth's sewer transportation system to the Village Creek Water Reclamation Facility. e) Coverage under the EIL policy shall be maintained for a period of two (2) years after termination or expiration of this agreement. f) City shall be endorsed as an additional insured, and the policy shall contain a waiver of subrogation in favor of the City. g) Company must provide advance thirty (30) day notice of cancellation to the City. h) Maximum self -insured retention of $25,000 per occurrence unless otherwise approved by the City. Seneca Companies, Inc. 3 5109 Altamesa Blvd. i) Company shall provide Certificates of Insurance to the City prior to discharge being permitted. 7. Company agrees to provide the City with access to the monitored site so that the City may monitor/sample at its discretion. City agrees, insofar as permitted by law, to keep all results of these samples confidential. 8. Company agrees to compensate the City for the cost of administering and monitoring the discharge during the agreement period by making a one-time payment in the amount of $500 prior to the commencement of discharge. 9. Except as City or Company may otherwise direct by written notice to the other, all correspondence and reports shall be directed as follows: City of Fort Worth Mr. Robert Robbins Pretreatment Services Fort Worth Water Department 920 Fournier Street Fort Worth, Texas 76102 Seneca Companies, Inc. . Seneca Companies, Inc. 4140 E. 14th St. Des Moines, IA 50313 Attn Legal Department II. INDEMNIFICATION COMPANY COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS OR CLAIMS FOR DAMAGES OR INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS OR PROPERTY, RESULTING FROM ANY NEGLIGENT ACT OF OMISSION OR COMMISSION ON THE PART OF COMPANY ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS AGREEMENT, AND COMPANY DOES HEREBY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR DAMAGES, TO PERSONS OR PROPERTY, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, AS A RESULT OF ANY NEGLIGENT ACT OR OMISSION OR COMMISSION ON THE PART OF COMPANY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS AGREEMENT. III. AMENDMENT AND TERMINATION OF AGREEMENT 1. This Agreement may be amended in writing by mutual agreement of the parties. Seneca Companies, Inc. 4 5109 Altamesa Blvd. 2. This Agreement shall terminate after the discharge of the allotted Water. If Company needs to discharge additional Water, Company may request an extension of this Agreement. 3. The City may terminate this Agreement with written notice at any time if, the authorized discharge is adversely affecting the City's POTW or System. In addition, the City may terminate this Agreement, if and when the City determines that discharging Water will subject the City to fines, penalties, administrative orders or any enforcement action by state or federal agencies, or require City to perform treatment to remove toxicity, including any additional biomonitoring requirements for compliance with City's NPDES permit. IV. VENUE Venue and jurisdiction of any suit, right, or cause of action arising under, or in connection with, this contract shall lie exclusively in state or federal courts located in Tarrant County, Texas. Seneca Companies, Inc. 5 5109 Altamesa Blvd. IN WITNESS WHEREOF, this Agreement has been executed by each of City and Company's duly appointed representative, to be effective on the date subscribed by the City's Assistant City Manager. CITY OF FORT WORTH By. op�� Name: Jesica McEachem Title: Assistant City Manager 03/17/2026 APPROVAL RECOMMENDED: By: Name: Title: Chn to hel- fiaw(e- Christopher Hartl r (Mar 12, 2026 08:51 18 CDT) Christopher Harder, P. E. Director, Water Department ATTEST: By: Name: Title: Jannette Goodall City Secretary 4F0 n ORrn�tfp p o F°°° °° °*N aan� aEa 4sa SENECA COMPANIES, INC. By: NameC-ho,;- / Title: U CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Robert Robbins (Mar 11, 2026 13:34:33 CDT) Name: Robert Robbins Title: Environmental Program Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Title: M. Kme v,4`i &rsr, It M. Kevin Anders, II (Mar 12, 2026 11:22:46 CDT) M. Kevin Anders, II Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: BJ's Wholesale Clubs, Inc. (Seneca Companies, Inc.) Subject of the Agreement: Wastewater Discharge agreement between BJ's Wholesale and City of Fort Worth. M&C Approved by the Council? * Yes ❑ No 0 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No ❑✓ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) 1Indicates the information is required and if the information is not provided, the contract will be returned to the department. 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