73R6615 SKT-D
          By Cook                                               H.C.R. No. 97
                              HOUSE CONCURRENT RESOLUTION
    1-1        WHEREAS, Eagle Construction and Environmental Services, Inc.,
    1-2  and Joe Walraven allege that:
    1-3        (1)  on or about November 25, 1991, Eagle Construction and
    1-4  Environmental Services, Inc., (Eagle) and Joe Walraven, owner of
    1-5  the company, entered into a contract, #14-2-80080, with the Texas
    1-6  Department of Transportation for the removal of three underground
    1-7  storage tanks and disposal of contaminated soil;
    1-8        (2)  during performance of the contract, an underground waste
    1-9  oil storage tank that was not on the contract was discovered;
   1-10        (3)  on December 19, 1991, C. E. Stabeno, on behalf of the
   1-11  Texas Department of Transportation, agreed to the bid submitted by
   1-12  Eagle and issued an emergency purchase order (#258-154) for the
   1-13  removal of the waste oil tank and its contaminated soil;
   1-14        (4)  after removal of the waste oil tank, it was discovered
   1-15  that a waste oil release had occurred and, as a result, more soil
   1-16  was contaminated than initially estimated;
   1-17        (5)  the Texas Department of Transportation and its agent,
   1-18  Environmental Strategies, Inc., directed Eagle to over-excavate and
   1-19  dispose of the associated contaminated soil;
   1-20        (6)  after a total of 397 cubic yards of soil was excavated
   1-21  and 297 cubic yards was disposed of, Eagle was notified by the
   1-22  Texas Department of Transportation to cease all work and that the
   1-23  remainder of the job would be put out for bid in a separate
   1-24  package;
    2-1        (7)  Eagle ceased work and issued an invoice for the services
    2-2  rendered, in accordance with the contract for the removal of the
    2-3  waste oil tank and its contaminated soil;
    2-4        (8)  Eagle has made numerous attempts to obtain payment for
    2-5  the work performed, and the Texas Department of Transportation has
    2-6  failed to pay and is therefore in breach of contract; and
    2-7        (9)  Eagle is entitled to compensation in the amount of
    2-8  $41,563.78 for the work performed as provided by the contract; now,
    2-9  therefore, be it
   2-10        RESOLVED by the Legislature of the State of Texas,  That
   2-11  Eagle Construction and Environmental Services, Inc., and Joe
   2-12  Walraven are granted permission to sue the State of Texas and the
   2-13  Texas Department of Transportation subject to Chapter 107, Civil
   2-14  Practice and Remedies Code; and, be it further
   2-15        RESOLVED, That the executive director of the Texas Department
   2-16  of Transportation be served process as provided by Section
   2-17  107.002(a)(3), Civil Practice and Remedies Code.