79R2739 CDP-D

By:  Keffer of Eastland                                         H.C.R. No. 97 



CONCURRENT RESOLUTION
	WHEREAS, Eagle Construction & Environmental Services, L.P., 
alleges that:
		(1)  on May 1, 2002, Eagle Construction & Environmental 
Services, L.P., entered into a time and materials contract (Harris 
County Job No. 02/0084) with Harris County, Texas, to provide 
emergency response services for hazardous materials incidents;
		(2)  Eagle Construction & Environmental Services, 
L.P., performed several response projects under the contract and 
was paid for each;
		(3)  Harris County suspected hazardous material in a 
sewer and although no hazardous materials were found, Harris County 
requested that Eagle Construction & Environmental Services, L.P., 
perform the cleanout of the sewer under the existing time and 
materials contract;
		(4)  Eagle Construction & Environmental Services, 
L.P., prepared an estimate for the cleanout of the sewer for 
budgetary purposes based on the information known at that time;
		(5)  the estimate clearly stated that it was a 
"ballpark cost estimate" and that Eagle Construction &
Environmental Services, L.P., would perform the services using the 
current fee schedule in place between Harris County and Eagle 
Construction & Environmental Services, L.P., combined with the 
additional  rates set forth in the contract;
		(6)  on this condition, and at Harris County's 
direction, Eagle Construction & Environmental Services, L.P., 
proceeded with the work;
		(7)  during the performance of the project, Harris 
County was put on notice, both in writing and verbally on numerous 
occasions, as to the accumulating costs that were exceeding the 
purchase order;
		(8)  the designated county representative consented on 
multiple occasions to costs that exceeded the purchase order and 
Harris County continued to incur additional costs;
		(9)  the county representative later admitted he had 
never read the budgetary proposal or governing contract;
		(10)  Eagle Construction & Environmental Services, 
L.P., fulfilled all of its obligations under the terms of the 
contract; and
		(11)  Eagle Construction & Environmental Services, 
L.P., is entitled to $333,590.39, the remaining balance of the 
contract, which Harris County refuses to pay; now, therefore, be it
	RESOLVED by the Legislature of the State of Texas, That Eagle 
Construction & Environmental Services, L.P., is granted permission 
to sue Harris County, Texas; and, be it further
	RESOLVED, That the county judge of Harris County, Texas, be 
served process.