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CC Resolution No. 2964 RESOLUTION NO. 2964 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AMENDMENT TO THE AGREEMENT FOR THE BAYTOWN NATURE CENTER OYSTER REEF RESTORATION AND SHORELINE PROTECTION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* WHEREAS,on September 12, 2019, the City Manager of the City of Baytown accepted a grant in the amount of EIGHTY THOUSAND AND NO:100 DOLLARS ($80,000.00) from the Natural Resource Trustee Program for the construction of the Baytown Nature Center Oyster Reef Restoration and Shoreline Protection Project; and WHEREAS, after review and recommendations from consultants on the project and the Galveston Bay Foundation, the design of the proposed oyster reef needs to be modified; and WHEREAS,the Parties desire to amend the agreement between the City and the National Resource Damage Assessment to grant the Galveston Bay Foundation the authority to manage the contract and oversee project implementation; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to an amendment to the Agreement for the Baytown Nature Center Oyster Reef Restoration and Shoreline Protection Project. A copy of said amended agreement is attached hereto as Exhibit"A" and incorporated herein for all intents and purposes. Section 2: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the Cit `ouncil of the City of Baytown this the 23"day of January, 2025. ARLES J S ayor`• EST:0- C-0 I Y � O tr a� a iq e G A i C,lerk,-, OF �y Y APPROVED A TO ORM: SCOTT LEMO , City Attorney R1Ordinances and Resolutions Ordinance Drafts\2025-01-23\Amendment to the agreement for the Baytown Nature Center Oyster Reef Project.kh docx EXHIBIT "A" Amendment to the Agreement for the Baytown Nature Center Oyster Reef Restoration and Shoreline Protection Project in Crystal Bay, Harris County,Texas This Amendment is entered into by the Texas Commission on Environmental Quality, the Texas General Land Office, and the Texas Parks and Wildlife Department (collectively Trustees), and the City of Baytown (Performing Party), a local government of the State of Texas. This Amendment modifies the Agreement.for the Baytown Nature Center Oyster Reef Restoration and Shoreline Protection Project in Crystal Bay, Harris County, Texas, executed by Trustees and Performing Party on December 2, 2019 (Agreement), as follows: The Project Officer (PO) designated in Section 1.1 of the Agreement is revised to read as follows: Clifford Hatch Director of Parks and Recreation City of Baytown 2407 Market Street Baytown, TX 77522 Phone: (281) 420-6597 Email: clifford.hatch@baytown.org The Trustee Project Officer(TPO) designated in Section 1.2 of the Agreement is revised to read as follows: Taylor Alexander Texas Commission on Environmental Quality Natural Resource Trustee Program MC-136 P.O. Box 13087 Austin, Texas 787 1 1-3087 Phone: (512) 239-2523 Email: taylor.alexander@tceq.texas.gov Section 3 of the Agreement is revised to read as follows: 3. PURPOSE OF AGREEMENT This Agreement sets forth the terms and conditions upon which the Trustees and the Performing Party will cooperatively conduct authorized governmental functions and activities. Specifically,the Trustees agree to provide funds for the Performing Party to create 0.1 acres of native oyster reef habitat and up to 0.3 acres of emergent wetland habitat along the southwestern shoreline of the Baytown Nature Center Property in accordance with Exhibit A, Scope of Work. Funds provided under this agreement result from natural resource damage settlements concerning incidents referred to by the Trustees as New Amity, Buffalo 286, and San Jacinto River Spills. Amendment to the Agreement for the Baytown Nature Center Oyster Reef Restoration and Shoreline Protection Project in Crystal Bay, Harris County,Texas Page 2 Section 4, Exhibit A (Scope of Work(including the Budget)) of the Agreement is replaced with the Exhibit A attached to this Amendment. Section 11.3.1 is revised to read as follows: 11.3.1 Within 30 days after the Effective Date of this Amendment, Performing Party shall submit the project timeline,which shall include a list of activities to be performed and anticipated dates of completion,to the Trustees for review and approval. Prior to approval, Performing Party shall use best efforts to address Trustee's comments, concerns, and requests for revisions in a timely manner. Section 11.3.2 is revised to read as follows: 1 1.3.2 Within 90 days after receiving Trustee approval on the project timeline, Performing Party shall submit the permit documents to the Trustees for review and approval prior to submittal of any permit packages to necessary permitting entities. Prior to approval, Performing Party shall use best efforts to address Trustee's comments, concerns, and requests for revisions in a timely manner. Additionally, within its sphere of influence and control, Performing Party shall use best efforts to ensure permits are issued in a timely manner. The Effective Date of this Amendment is the date of the latest signature below. All other terms and conditions not hereby amended are to remain in full force and effect. Amendment to the Agreement for the Baytown Nature Center Oyster Reef Restoration and Shoreline Protection Project in Crystal Bay, Harris County,Texas Page 3 For Performing Party, City of Baytown JASON REYNOLDS Date City Manager Amendment to the Agreement for the Baytown Nature Center Oyster Reef Restoration and Shoreline Protection Project in Crystal Bay, Harris County,Texas Page 4 For Trustee, Texas Parks and Wildlife Department DAVID YOSKOWITZ, PH.D. Date Executive Director Texas Parks and Wildlife Department Amendment to the Agreement for the Baytown Nature Center Oyster Reef Restoration and Shoreline Protection Project in Crystal Bay, Harris County,Texas Page 5 For Trustee, Texas Commission on Environmental Quality KELLY KEEL Date Executive Director Texas Commission on Environmental Quality Amendment to the Agreement for the Baytown Nature Center Oyster Reef Restoration and Shoreline Protection Project in Crystal Bay, Harris County,Texas Page 6 For Trustee, Texas General Land Office JENNIFER G. JONES Date Chief Clerk and Deputy Commissioner Texas General Land Office EXHIBIT A REVISED SCOPE OF WORK (August 2024) GALVESTON BAY FOUNDATION REVISED SCOPE OF WORK Baytown Nature Center Oyster Reef Restoration and Shoreline Protection Project Crystal Bay, Harris County, TX Prepared by: Galveston Bay Foundation August 2024 1725 Highway 146, Keham, Texas 77565 • Phone 281-332-3381 • Fax 832-284-4982 REVISED SCOPE OF WORK Provided by: Galveston Bay Foundation in August 2024 BAYTOWN NATURE CENTER OYSTER REEF RESTORATION & SHORELINE PROTECTION PROJECT Crystal Bay, Harris County, TX The following scope of work is provided by the Galveston Bay Foundation (GBF) for services in support of the Baytown Nature Center Oyster Reef Restoration & Shoreline Protection Project. The proposed project is a partnership between GBF, Natural Resource Damage Assessment (NRDA) Trustees (Texas Parks and Wildlife Department, Texas Commission on Environmental Quality, Texas General Land Office), and the City of Baytown's Baytown Nature Center(BNC). The project goal is to create 0.1 acres of native oyster reef habitat and up to 0.3 acre of emergent wetland along the southwestern shoreline of the Baytown Nature Center(BNC)property. The proposed project will enhance the local oyster population, protect the BNC's shoreline from erosion, and provide hands-on outreach opportunities to supplement the BNC's education programs. I. Project Description: The Baytown Nature Center's (BNC) 500-acre property is located on a peninsula surrounded by Burnet, Crystal, and Scott Bay in Harris County, Texas. Due to the close proximity to the Houston Ship Channel, the Crystal Bay shoreline receives erosive energy from ship wakes. In order to protect the shoreline from further erosion, and to enhance natural oyster populations within the bay system, GBF and BNC have proposed to construct 0.1 acres of oyster reef. The proposed oyster reef will be constructed in two sections: a) Reef Pad and b) Education Reef. a) Reef Pad The proposed"reef pad,"will be constricted by barge through the placement of rip-rap(limestone, crushed concrete, and/or reclaimed oyster shell) on the bay bottom for oyster recruitment and reef restoration. The reclaimed oyster shells will be sourced from GBF's Oyster Shell Recycling Program and will be properly sun-cured prior to being placed in the bay. The length of the reef pad will be constructed approximately 215 linear feet and the width will be approximately 36 linear feet. The reef pad will be constructed to approximately +1.5 ft in height. Geotextile fabric will be placed on the bay bottom prior to deploying the rip-rap to prevent subsidence into the sediment. The reef dimensions are an estimate from July 2024 and actual reef dimensions may vary due to permitting requirements, construction costs, etc. Upon completion of construction, Sporobolus alterniflorus(smooth cordgrass, formerly classified as Spartina alterniora), will be planted behind the reef pad in an effort to stabilize the shoreline and restore up to 0.30 acre of intertidal marsh habitat. To encourage tidal circulation within the marsh and to retain hydrologic connectivity with Crystal Bay, the reef pad will be constructed as wide, low lying reef rather than an emergent breakwater. Please refer to the attached drawings and pictures for design specifications. Page I of 6 b) Education Reef The second reef section will be constructed shoreward of the reef pad to allow for educational programming and outreach opportunities. Two linear reef structures will be built by volunteers. i) Unit A: The first of the education reef structures will be constructed utilizing mesh bags containing recycled oyster shells. Volunteers will create the oyster shell bags on land and then transport the shell bags to a marked location in the water. The shell bags will be placed in a pyramid formation,parallel to the shoreline,to create up to 30 linear feet of an"oyster bar"reef. ii) Unit B: The second of the education reef structures will be built with gabion baskets and will run parallel to shoreline for up to 30 linear feet. Volunteers will transport the gabion baskets to a marked location in the water,place them parallel to the shoreline, and fill the baskets with recycled oyster shells and:or rip-rap to form the reef. The two education reef structures will be constructed to a height of 1.5 feet or less to allow for optimal oyster recruitment. Geotextile fabric will be placed on the bay bottom prior to deploying the oyster shell bags and gabion baskets. The different reef structures will provide unique learning opportunities for BNC's education and outreach programs as the different methods and materials can be compared and contrasted. Page 2 of 6 II. Proposed Budget It is anticipated that the cost estimates for the completion of the project would occur in the following budget categories: Budget Category Proposed Budget Description Personnel costs will pay City of Baytown employee salary. Fringe is Personnel &Fringe $12,800.00 estimated to be 280 o of the personnel costs for Baytown. Fringe is comprised of FICA,Medicare,State Unemployment,retirement plan, and health insurance allocation. Contractual costs for this category are designated for GBF staff to Contractual 1: 552,957.35 design,permit, and implement the project. The City of Baytown will GBF services transfer these funds to GBF upon receipt of quarterly reimbursement requests. Contractual 2: 59,000.00 Contractual costs for this category will include all expenses associated E&D'Surveying with engineering,design,and surveying for the project area. Contingency 55,000.00 Contingency funds will only be utilized upon specific approval by the Trustees. TOTAL COST $79,757.35 The total project cost is not anticipated to exceed S79,757.35. Page 3 of 6 III. Proposed Budget Narrative Personnel & Fringe: $12,800.00 Personnel costs will pay City of Baytown employee salary. Fringe is estimated to be 28%of the personnel costs for Baytown. Fringe is comprised of FICA, Medicare, State Unemployment, retirement plan, and health insurance allocation. Contractual Contractual l: GBF Services $52,957.35 Project Management_ GBF will oversee the administration of the agreement with the NRDA Trustees as well as all subcontract agreements. GBF will also oversee the coordination of the project (meetings, permitting, supply needs, project documents, etc.) and provide necessary deliverables. GBF will use the requested funds to support their personnel costs for completion of necessary tasks associated with completing the project scope of work and deliverables. GBF's costs will include salary and fringe benefit costs, fringe benefits are estimated to be approximately 11% of salary costs. Planning& Design GBF will perform all necessary site assessments in order to prepare the most suitable design plans for the proposed oyster reef construction. After the first site assessment and meeting(s) with the project partners, it will be determined if additional surveys are required (e.g. bathymetric and/or coastal boundary). GBF will prepare design documents for use in the permitting and construction phases of the project. The attached designs are conceptual and subject to change pending costs and survey results. Permitting GBF will prepare all required permit and lease documents to be submitted to the appropriate organizations and agencies(Port of Houston Authority(PHA), U.S. Army Corps of Engineers,TX Parks & Wildlife Department). GBF will serve as the permittee and lease on all project-related permits. GBF will coordinate with the agencies and project partners throughout the process to ensure all information necessary for permit approval is received. The contractual costs for this category will include a one-time filing fee required to obtain a PHA lease,this fee is not anticipated to exceed $1,000 according to current 2024 rates. Per discussions with the PHA, the need for a coastal boundary survey(LSLS)will be confirmed upon completion of the project design plans. It is anticipated that GBF will be the permittee and leasee for the proposed project. Construction Upon receipt of all approved leases and permits, GBF will coordinate with the City of Baytown staff to procure a construction contractor, schedule the delivery of supplies (i.e. shell, rip-rap, and gabion material) and plan volunteer workdays. GBF will secure and manage associated construction contracts. GBF will oversee the contractor during construction to ensure compliance with design plans.The reef pad will be constructed via a contractor,by barge through the placement of rip-rap (limestone, crushed concrete, and/or recycled oyster shell) on the bay bottom. The education reef will be constructed and placed in the water with the help of volunteers. It is estimated that up to five volunteer workdays will be required to complete the construction of the education reef. Each volunteer workday will require a minimum of 2 to 4 staff(from GBF and/or BNC) and the assistance of volunteers for a minimum of 4 to 6 hours per workday. Contractual costs for this category will include all expenses associated with the construction of the reef pad via subcontractor(s) including the delivery of oyster shells and/or rip-rap to the project Page 4 of 6 site. Contractual costs for this category will also allow GBF to purchase the gabion baskets, mesh material,rip-rap, filter fabric,buckets, gloves,and other items necessary for the construction of the education reef and for volunteer safety. Planting Upon completion of construction, Sporobolus alterniorus (smooth cordgrass, formerly classified as Spartina alterniflora), will be planted behind the reef pad in an effort to stabilize the shoreline and restore up to 0.30 acre of intertidal marsh habitat. GBF will coordinate with the City of Baytown to plan one volunteer workday to help with the planting. The volunteer workday will require a minimum of 2 to 4 staff(from GBF and/or BNC) and the assistance of volunteers for a minimum of 4 to 6 hours. Post-construction Monitoring Upon completion of construction,GBF will commence three years of post-construction monitoring on all sections of the reef to determine the success of recycled oyster shells and rip-rap as oyster habitat. GBF staff will conduct monitoring site visits at least twice a year, in the spring and fall, to capture the results of annual spat sets. The monitoring plan and methodology will be developed via consultation with partners from the University of Houston, TX A&M University Galveston, and/or the Environmental Institute of Houston in order to determine the most appropriate and effective method for assessing spat recruitment and oyster density on the new reef. ,Monitoring methods may include the use of settlement trays, spat collectors, and.or direct sampling of the shell utilized in the project. At a minimum, each sample will be analyzed for oyster density and size frequency. More specifically, GBF will document the total number of live and dead oysters in each sample. Each oyster will be measured to the nearest centimeter using calipers to document shell height provide information on size frequency distribution. Every sample will be returned to the location from where it was sourced on the reef. GBF will also incorporate any success criteria required by the approved USACE permit and/or PHA lease in the post-construction monitoring plan and methodology. Contractual 2: E&D/Surveying: $9,000.00 Contractual costs for this category will include all expenses associated with engineering, design, and surveying for the project area. Contingency: $5,000.00 GBF requests that a$5,000.00 contingency fiend be set aside for the project. Contingency funds would only be utilized upon specific approval by the Trustees. Examples of scenarios in which the contingency fund may be required include:actual contractual costs for rip-rap or transport of recycled shell exceed the current estimated costs and survey costs and/or requirements exceed the current estimated costs. Page 5 of 6 N W�E S Baytown Nature CrystalCenter Bay - - - Top of Bank (surveyed) 1 inch 70 feet Existing Structures Proposed Footprint Q Reef Pad � 215'x 36' ® Gabion Baskets- 30'x 6' ® Oyster Shell Bags-- 30'x 6' 0 35 70 140eet PROPOSED PROJECT FOOTPRINT f Project Name:BNC Oyster Reef Restoration&Shoreline Protection GA LV E STO N BAY Project Location:Crystal Bay,Harris County,TX w F O U N D A T I O N Image Source:ESRI World Imagery;Cobb Fendley Projection:NAD 1983 UTM Zone 1 SN 1725 Highway 146, Kemah,TX;(281)332-3381 Date Drawn:7/01/2024 1 Drawn by:S.Clark ui 9 Alalewixoaddy i o �► a Iu d ~o • 42 1 i o e • I a 3 I 1 a o I I I I v � 1 •3 • I tD 3 co m o co .O o > C w ' O 1 v ' �•' u 'cv, a 4a 0 1 m O o u o I X � o t LLN a ; I ° 'O ccu I w .. Q i CL Lil ! 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