HomeMy WebLinkAbout18-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 18-19
File Number: 2018-0702
ENVIRONMENTAL CONSULTING OPERATIONS, INC. AMENDMENT NO. 5:
A RESOLUTION TO APPROVE AMENDMENT NO. 5 TO THE CONTRACT WITH
ENVIRONMENTAL CONSULTING OPERATIONS, INC. IN THE AMOUNT OF $66,255.00 FOR
WETLANDS MITIGATION SITE MONITORING AND MANAGEMENT IN 2019
WHEREAS, Ordinance 5687, which was adopted on May 6, 2014, waived the requirement of formal
competitive bidding and authorized a contract with Environmental Consulting Operations, Inc. for wetlands
mitigation site monitoring and management for 2014; and
WHEREAS, Section 3.3 of the contract provides that the contract may be renewed for additional one
year terms upon mutual agreement of the City and Environmental Consulting Operations, Inc; and
WHEREAS, Amendment No. 5 includes a cost increase of $4,383.00 due to the addition of regulatory and
technical guidance to be provided as a result of the solar array project adjacent to the Woolsey Wet
Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 5
to the contract with Environmental Consulting Operations, Inc. in the amount of $66,255.00 for
wetlands mitigation site monitoring and management in 2019.
Page 1 Printed on 1116119
Resolulion: 18-19
File Nvmher- 2018-0702
PASSED and APPROVED on 1/15/2019
Approved:
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Attest:
Sondra E. Smith, City Clerk * CSS
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-6323
Text File
-- File Number: 2018-0702
Agenda Date: 1/15/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 9
ENVIRONMENTAL CONSULTING OPERATIONS, INC. AMENDMENT NO. 5:
A RESOLUTION TO APPROVE AMENDMENT NO. 5 TO THE CONTRACT WITH
ENVIRONMENTAL CONSULTING OPERATIONS, INC. IN THE AMOUNT OF $66,255.00 FOR
WETLANDS MITIGATION SITE MONITORING AND MANAGEMENT IN 2019
WHEREAS, Ordinance 5687, which was adopted on May 6, 2014, waived the requirement of formal
competitive bidding and authorized a contract with Environmental Consulting Operations, Inc. for wetlands
mitigation site monitoring and management for 2014; and
WHEREAS, Section 3.3 of the contract provides that the contract may be renewed for additional one year
terms upon mutual agreement of the City and Environmental Consulting Operations, Inc; and
WHEREAS, Amendment No. 5 includes a cost increase of $4,383.00 due to the addition of regulatory and
technical guidance to be provided as a result of the solar array project adjacent to the Woolsey Wet Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 5 to
the contract with Environmental Consulting Operations, Inc. in the amount of $66,255.00 for wetlands
mitigation site monitoring and management in 2019.
City of Fayetteville, Arkansas Page 1 Printed on 1/16/2019
City of Fayetteville Staff Review Form
2018-0702
Legistar File ID
1/15/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 12/11/2018 WASTEWATER TREATMENT (730)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends a resolution to approve Amendment No. 5 to the contract with Environmental Consulting
Operations, Inc. in the amount of $66,255.00 for wetlands mitigation site monitoring and management for 2019.
5400.730.5120-5315.00
Account Number
N/A
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Water and Sewer
Fund
N/A
Project Title
$ 66,255.00
$ 66,255.00
$ 66,255.00
Previous Ordinance or Resolution # 67-18
Approval Date:
V2U18U327
CITY OF
I;. FAYETTEVILLE
777 ARKANSAS
y
MEETING OF JANUARY 15, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: December 11, 2018
CITY COUNCIL MEMO
SUBJECT: Environmental Consulting Operations, Inc. Amendment No. 5
RECOMMENDATION:
Staff recommends a resolution to approve Amendment No. 5 to the contract with Environmental
Consulting Operations, Inc. in the amount of $66,255.00 for wetlands mitigation site monitoring
and management through 2019.
BACKGROUND:
Ordinance 5687, which was adopted on May 6, 2014, waived the requirement of formal
competitive bidding and authorized a contract with Environmental Consulting Operations, Inc.
for wetlands mitigation site monitoring and management for 2014. Section 3.2 of the contract
provides that the contract may be renewed for additional one year terms upon mutual
agreement of the City and Environmental Consulting Operations, Inc.
ECO, Inc. developed the wetlands and storm water protection best management plans and
conducted excellent construction inspection for the WSIP, and was tasked to ensure full
compliance with the related regulations and permits. ECO, Inc. also designed the wetlands
mitigation site that was required by the Corps of Engineers, which has a mandated seven-year
monitoring and reporting period. Funding comes from the Wastewater Treatment Operations
Program.
DISCUSSION:
The contract covers the following work tasks for 2018:
1. Project Administration and Management
2. Annual Ecological Restoration Monitoring
3. Annual Adaptive Management Strategy
4. Update Credit Tracking Ledger for Surplus Wetland Credits
5. Academic Research Project Guidance
6. Solar Array Project Coordination
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The details of each of these work tasks are outlined within the proposed Amendment No. 5
between the City of Fayetteville and ECO, Inc.
Amendment No. 5 has an increase of $4,383.00 from 2018, due to the regulatory and technical
guidance provided as part of the City's solar array project adjacent to Woolsey Wet Prairie.
BUDGET/STAFF IMPACT:
Funds are available in the Wastewater Treatment Operations Program.
Attachments:
Amendment No. 5
2019 Executive Summary
AMENDMENT NO.5
TO
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND
ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED
FOR
WOOLSEY WET PRAIRIE ECOLOGICAL MONITORING AND MANAGEMENT
ENVIRONMENTAL CONSULTING SERVICES
THIS AMENDMENT NO.5 to the Agreement For Professional Environmental Consulting
Services, dated May 8, 2014 (the "Agreement"), by and between CITY OF FAYETTEVILLE,
ARKANSAS (CITY) and ENVIRONMENTAL CONSULTING OPERATIONS, INC. (ECO)
for environmental consulting services in connection with monitoring and ecological adaptive
management of CITY's wetland mitigation site (SITE) known as Woolsey Wet Prairie is made
and entered into for purposes of continuity of Site wetland habitat status in order to maintain
surplus wetland credits generated at Site and due to Corps of Engineers (Corps) regulatory
requirements to manage and maintain wetland compensatory mitigation in perpetuity to assure
Site continues to meet ecological performance standards.
WHEREAS, this AMENDMENT NO. 5 is a renewal of the May 8, 2014 Agreement that
included a provision for automatic renewal of ECO's annual Scope of Services beyond 2014 for
additional 1 -year terms upon mutual agreement by both CITY and ECO. Unless specifically
stated, all other terms and conditions of the Agreement shall remain in full force and effect.
Neither this Amendment nor the Agreement may be modified except in writing signed by an
authorized representative of the CITY and ECO.
NOW THEREFORE, the CITY and ECO agree to amend the Agreement for ECO's Scope of
Services as follows:
1. Part A - Project Administration And Management
a) General administration and project management activities;
b) Perform project initiation activities;
c) Provide environmental regulatory and technical information to CITY, CITY Contractors,
Citizens of CITY, and Academia;
d) Meet with CITY, CITY Contractors, and Academia for information exchange, goal and
timeline setting, reviewing management strategies, and action items;
e) Perform internal project control including budgeting, scheduling, and quality control;
f) Part A applies to January through December 2019. Renewal of ECO's annual Scope of
Services will be reviewed by the City Council and amended upon approval for renewal of
Part A services beyond 2019.
120918 -ECO WWP Amnd No. 5.pdf
2. Part B - Annual Ecological Restoration Monitoring
a) Conduct qualitative monitoring activities throughout the growing season to maintain
cumulative plant species lists, evaluations of seasonal hydrology and associated plant
communities, and identification of stands of invasive plant species to be controlled;
b) Observe and document total plant species richness for each wetland cell and the total
mitigation SITE in historical comprehensive plant species lists;
c) Record locations of concentrated stands of non-native and native invasive plant species and
locations of rare Arkansas Natural Heritage Commission tracking plant species on wetland
cell maps;
d) Develop 2019 Woolsey Wet Prairie Adaptive Management Strategy & Monitoring Report
No. 13 that is consistent with historical monitoring and management activities at Site in a
format to be used for SITE adaptive management purposes;
e) Part B applies to January through December 2019. Renewal of ECO's annual Scope of
Services will be reviewed by the City Council, and amended upon approval for renewal of
Part B services beyond 2019.
3. Part C - Annual Adaptive Management Strategy
a) Continued development and implementation of annual strategy for specific controls of
invasive species via selection, coordination, and scheduling of time sensitive hydrology
controls, herbicide applications, mowing, hand pulling, and prescribed burning;
b) Make SITE visits throughout the growing season to make observations of hydrology,
vegetation, and effectiveness of invasive vegetation control;
c) Oversee selection, scheduling, and coordination of SITE adaptive management activities
and provide guidance pertaining to Site Deed -Restrictive Covenant restrictions to CITY
and CITY's Contractors associated with management of Site;
d) Provide restoration ecology advisory technical guidance to CITY and CITY's Contractors
associated with management of Site for the purpose of implementation of Site management
activities that are compliant with Site permanent protection measures and restrictions
specified in the CITY's Section 404 permit;
e) Document and maintain records of adaptive management activities implemented and the
date of use;
f) Make adjustments, as necessary, to timing and type of vegetation management to be
implemented including, but not restricted to, hydrology management, mowing, herbicide
applications, prescribed burning, and hand pulling of invasive plant species;
120918 -ECO WWP Amnd No. 5.pdr 2
g) Utilize drone -generated wetland cell aerial photographs showing locations of concentrated
stands of invasive and non-native plant species and locations of rare Arkansas Natural
Heritage Commission tracking plant species in order to target and prioritize areas for
specific management activities;
h) Develop herbicide application specifications that include specific types of herbicides to
apply to specific invasive plant species by CITY contractors;
i) Schedule and select type of herbicide, adjuvant, and application rate to be used for specific
target non-native and invasive plant species at specific locations and document herbicide
effectiveness;
j) Coordinate, schedule, and observe areas where herbicide applications have been made to
evaluate effectiveness for controlling invasive species by CITY contractors;
k) Develop burn specifications that clearly identify prescribed Burn Contractor
responsibilities as a part of CITY's informal bid process that identify: SITE preparation,
notifications, and Burn Contractor responsibilities;
1) Coordinate, schedule, and observe prescribed burn to evaluate Burn Contractor's
conformance with state laws, notifications, and specifications;
m) Coordinate co -existence of planned construction and operation activities at adjacent solar
array with adaptive management activities at the SITE;
n) Part C applies to January through December 2019. Renewal of ECO's annual Scope of
Services will be reviewed by the City Council, and amended upon approval for renewal of
Part C services beyond 2019.
4. Part D - Update Credit Tracking Ledger for Surplus Wetland Credits
a) SITE has generated surplus of wetland credits above those required by CITY's Section
404 permit for wetland compensatory mitigation. CITY has received Corps approval to
use wetland credits to mitigate for wetland impacts caused by the CITY's infrastructure
improvement projects within Illinois River watershed, HUC 11110103;
b) Under the 2014 Scope of Services, ECO developed a wetland credit ledger to include
surplus credits and credit debits from CITY's Van Asche Extension Project for submittal
to Corps;
c) Under the 2015 Scope of Services, ECO developed a wetland credit ledger to include
surplus credits and credit debits from CITY's Clabber Creek Recreational Trail Project for
submittal to Corps;
d) Under the 2016 Scope of Services, CITY did not utilize any surplus wetland credits for
City infrastructure improvement projects requiring wetland compensatory mitigation;
120918 -ECO WWP Mond Na 5.pdf
e) Under the 2017 Scope of Services, CITY did not utilize any surplus wetland credits for
City infrastructure improvement projects requiring wetland compensatory mitigation;
f) Under the 2018 Scope of Services, CITY did not utilize any surplus wetland credits for
City infrastructure improvement projects requiring wetland compensatory mitigation;
g) It is unknown at the current time, whether or not Part D services will be necessary for
January through December 2019, and will be a function of whether or not surplus credit
transactions occur. Should 2019 wetland credit transactions occur, ECO shall update
wetland credit ledger accordingly for submittal to Corps at the end of 2019;
h) Renewal of ECO's annual Scope of Services will be reviewed by the City Council, and
amended upon approval for renewal of Part D services beyond 2019.
5. Part E - Academic Research Project Review and Guidance
a) During 2017, there was an increased interest in the SITE for academic research projects
from various departments of the University of Arkansas ranging from herpetology to soil
microbiology. While research projects at the site are exciting and encouraged, the need
exists for guidance and oversight to ensure that all parties involved are made aware of the
various requirements of the CITY's Section 404 permit and Deed Restricted Covenant for
the SITE. Failure to manage research project activities at the SITE has the potential to
result in the CITY not being in compliance with the terms and conditions of the CITY's
Section 404 permit and the Deed Restricted Covenant for the SITE.
b) ECO, Inc. has developed a research request form and guidance document intended for
use by proposed research projects that will provide project -specific relative information
to ECO, Inc., Jacobs, and the CITY for review and approval, while also educating the
applicant about the SITE Section 404 permit requirements. ECO, Inc. will review
academic research project proposals and provide project -specific guidance to parties
conducting research at SITE.
c) Part E applies to January through December 2019. Renewal of ECO's annual Scope of
Services will be reviewed by the City Council, and amended upon approval for renewal
of Part E services beyond 2019.
6. Part F - Solar Array
a) ECO, Inc. will provide environmental regulatory and technical guidance and
communications to CITY, Jacobs, and Solar Provider regarding scheduling and
implementation of adaptive management activities at SITE to support the optimum co-
existence of SITE and solar array.
b) Part F applies to January through December 2019. Renewal of ECO's annual Scope of
Services will be reviewed by the City Council, and amended upon approval for renewal
of Part F services beyond 2019.
120918 -ECO WWP Mood No.5.pdf
7. Compensation
For the amended Scope of Services described herein, CITY agrees to pay ECO the sum specified
below on Cost Detail Table. The total payment shall be a lump sum "not to exceed" amount of
SIXTY SIX THOUSAND TWO HUNDRED FIFTY FIVE U.S. DOLLARS ($66,255.00).
Amendment No. 5 - 2019 Cost Detail
Amended ECO Scope of Services
Fee Estimate
Part A - 2019 Project Administration And Management
$3,540
Part B - 2019 Annual Ecological Restoration Monitoring
$212625
Part C - 2019 Annual Adaptive Management Strategy
$32,050
Part D - 2019 Update Surplus Wetland Credit Tracking Ledger
$0
Part E — 2019 Academia Research Pro 'ect Guidance
$2,140
Part F — 2019 SolarArray Coordination
$6,900
TOTAL
$66,255
The CITY and ECO intending to be legally bound, indicate their approval of this
AMENDMENT NO. 5 by their signatures below.
ENVIRONMENTAL CONSULTING
OPERATIONS, INC.
By:
Bruce Shackleford, President
Date: December 9. 2018
CITY OF FAYETTEVILLE
ATTEST:
By:
Sondra E. Smith, City Clerk/T49as&e i Y Pk •'PG
■1s' y
Date: EAYE17EV11_LE
End of December 9 2018 Amendment No. 5 for Environmental Consulting ServkAi�-�'
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BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
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IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
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2019 Executive Summa .
Woolsey Wet Prairie Annual Ecological Monitoring and Adaptive Management:
ECO, Inc. Contract Amendment No. 5
Overview & Background
The Woolsey Wet Prairie Sanctuary was established by the City of Fayetteville as
part of wetland compensatory mitigation requirements under Section 404 Permit
14207 issued by the U.S. Army Corps of Engineers Little Rock District (Corps). The
43.8 -acre mitigation site was constructed to offset the permanent alteration of 7.92
acres of wetlands from construction of the City's Wastewater Systems Improvement
Project (WSIP). The Section 404 Permit required 73.57 wetland credits to be
generated at the mitigation site to offset wetland losses from the WSIP.
Environmental Consulting Operations, Inc. (ECO, Inc.) developed the WSIP
stormwater permitting Best Management Practices Plans, conducted WSIP
construction compliance evaluations, and oversaw full compliance with related
regulations and environmental permits. Under ECO, Inc.'s oversight, contractors
working for the city completed over $160 million in work without a single permit
violation.
ECO, Inc. designed the Corps -required ecological features of the wetland mitigation
site and has met all mandated monitoring and reporting requirements, including the
required wetland credit ledger to track the use of surplus wetland credits by the City
of Fayetteville. Under ECO, Inc.'s management, a total of 94.47 mitigation credits
have been generated, producing a surplus of 20.90 credits. After ECO, Inc.'s
conferrals with the Corps, the City of Fayetteville received a special one -of -a -kind
approval to use the 20.90 surplus wetland credits for city infrastructure projects that
require wetland compensatory mitigation within the Illinois River Watershed. To
date, surplus wetland credits have been used for the City's Van Asche Drive
Extension Project and the Clabber Creek Recreational Trail Project, saving the City
thousands of dollars.
Under ECO, Inc.'s adaptive management strategy, the mitigation site has a current
plant species list totaling 482 species, a more than ten -fold increase beyond the 47
plant species observed in 2004. Eleven species at the site are tracked by the Arkansas
Natural Heritage Commission as species of state conservation concern. Nonetheless,
persistent invasive species are present at the site, requiring continued monitoring and
adaptive management activities
ECO, Inc. Scope of Work
ECO, Inc.'s May 8, 2014 Agreement For Professional Environmental Consulting
Services covered the following work tasks for 2014, and as amended in 2015, 2016,
2017, and 2018:
ECO, Inc. Scope of Services
Part A - Project Administration And Management
Part B - Annual Ecological Restoration Monitoring
Part C - Annual Adaptive Management Strategy
Part D - Update Surplus Wetland Credit Tracking Ledger
Part E — Academia Research Project Guidance
The details for each of these work tasks are outlined within the proposed 2019
Contract Amendment No. 5 between the City of Fayetteville and ECO, Inc. in Parts
A, B, C, D, and E. For 2019, Part F has been added for providing vegetation
management and coordination of adaptive management activities to enhance the co-
existence of the planned construction and operation activities at the adjacent Solar
Array while maintaining compliance with the Corps Section 404 permit requirements
for protecting Woolsey Wet Prairie as a wetland mitigation site.
Justification for 2019 Woolsey Wet Prairie Contract Price Increase
On November 20, 2018, the City Council passed resolutions to support the
construction and operation of a 22.34 -acre Solar Array to be located immediately to
the north of Woolsey Wet Prairie and a 15.46 -acre Solar Array to be located
immediately to the west of Woolsey Wet Prairie.
Historically, ECO, Inc. has conferred with Jacobs (formerly CH2MHill) to evaluate
and develop invasive plant species management strategies for the properties adjacent
to Woolsey Wet Prairie for the purpose of minimizing the introduction of invasive
plants into Woolsey Wet Prairie.
Furthermore, ECO, Inc. proposed the expansion of Woolsey Wet Prairie into a
wetland mitigation bank to the City in 2006 and ECO, Inc.'s 2007 and 2008 scopes of
service involved characterizations of hydrology and plant community composition on
the adjacent property where the Solar Array will be constructed. Therefore, ECO,
Inc. has very site-specific ecological knowledge of the Solar Array location. The
planned construction and operation of the adjacent Solar Arrays will provide
tremendous environmental and economical benefits for the City of Fayetteville.
However, the need exists for communications with the Solar Developer for the
harmonious co -existence of the Solar Arrays and Woolsey Wet Prairie to ensure that
all parties involved are made aware of the requirements set forth by the City of
2
Fayetteville's Corps -issued Section 404 permit, the Deed Restricted Covenants for
the wetland compensatory mitigation site, and planned adaptive management
activities, such as prescribed burning.
Failure to have such communication and coordination at the mitigation site has the
potential to:
a) Result in the City not being in compliance with the terms and conditions of the City's
Section 404 permit and/or the Deed Restricted Covenant for the property,
b) Result in the possible reduction in surplus wetland credits for City infrastructure
improvement projects,
c) Result in damage to isolated stands of rare and ecologically sensitive plant species, and
d) Result in sub -optimal construction and operation, and increased cost of the Solar Arrays.
As shown in the 2018/2019 cost comparison table below, the 2019 "Not To Exceed"
cost of $66,255.00 represents a $4,383.00 (7%) increase over the $61,872.00 amount
that was approved by the City of Fayetteville for ECO, Inc.'s 2018 scope of work.
The addition of Part F for 2019 accounts for a slight cost increase; however, the sum
of Parts A through E totals $2,517.00 less for 2019 than 2018, resulting in the net
increase of $4,383.00 for 2019.
Amendments No. 4 (2018) and 5 (2019) Cost Comparison
ECO Scope of Services
2018 Amend. No. 4
2019 Amend. No. 5
Part A - Project Administration & Management
$2,508
$3,540
Part B - Annual Ecological Restoration Monitoring
$21,850
$21,625
Part C - Annual Adaptive Management Strategy
$32,510
$32,050
Part D - Update Surplus Wetland Credit Ledger
$0
$0
Part E — Academia Research Project Guidance
$5,004
$2,140
Part F — Solar Array Coordination
$0
$6,900
TOTAL
$61,872
$66,255
The scope of work and associated costs for Parts A through E will not change
significantly from 2018 to 2019.
ECO, Inc. will continue to conduct annual monitoring activities to identify problem
areas where specific management controls are warranted.
ECO, Inc. will continue to coordinate adaptive management practices to:
• Develop plant group -specific herbicide application guidance and recommendations for
Jacobs,
• Review records of herbicide applications made by Jacobs,
• Coordinate with Jacobs to maintain an aggressive herbicide program for controlling
woody vegetation in an effort to prevent excessive growth of trees that necessitates timber
mulching,
• Develop prescribed burn specifications for informal bid process of selecting burn
contractor,
• Coordinate/scheduling/oversight of prescribed burn, and
• Process/coordinate/update surplus wetland credit ledger should City infrastructure
improvement projects arise that require wetland mitigation credits.
ECO, Inc. possesses the very specialized technical and regulatory expertise and site-
specific knowledge to complete these tasks for the purpose of meeting Corps -
mandated mitigation performance standards and to maintain the existing surplus
wetland credits for use in future city infrastructure improvements that require
compensatory wetland mitigation. Having won numerous awards and recognitions,
Woolsey Wet Prairie Sanctuary has been a success story under the design and
management of ECO, Inc. and is a unique ecological feature for the City of
Fayetteville like no other in Arkansas.