By: Nelson S.C.R. No. 77 73R6615 SKT-D 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.