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<br />,/: <br /> <br />. <br /> <br />. <br /> <br />~(Q)~W <br /> <br />BISHOP, BROGDEN & RUMPH, INC. <br /> <br />July 7. 1986 <br /> <br />12 LAKESIDE LANE (SUITE 190) . OENVER. COLORADO 80212 . (303) 455-2760 <br /> <br />Harold F, Bishop <br />Robert E, Brogden <br />Eugene Rumph <br /> <br />Frank C, Healy <br /> <br />Mr. William McDonald <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver. CO 80203 <br /> <br />Dear Bill: <br /> <br />During a good portion of the past year. there has been correspondence <br />between us concerning our selection for the Stagecoach Water Right <br />Appraisal Project and problems concerning the State's contract. <br />particularly the indemnification clause. We have advised you of the <br />fact that signing the proposed contract will void our professional <br />liability insurance, In addition. our company attorney has also <br />advised against signing the contr8ct because of the risk involved. <br />Our attorney's chief concern about the indemnification clause is that <br />we can suffer considerable expeOse and loss regardless of the <br />propriety of our conduct or actions. In other words, we may have <br />done nothing wrong but will still suffer as a resu lt of having to <br />defend the State. <br /> <br />The Consulting Engineers Council of Colorado has recently been 10 <br />direct contact with the Attorney General. Hr, Duane Woodward. and is <br />trying to resolve the issue, At stake is work for the State for all <br />of the consulting engineers 1n Colorado. We have heard that <br />individual State agencies could make the contract change and be <br />granted an exemption from the orders of the Attorney General's office <br />if the agency felt conditions warranted, Accordingly. we request the <br />word "neg ligent" be inserted in the indemnificat ion clause. paragraph <br />4, prior to th.e word .oacto. to read .....a.s a result of any ne~!:lie-p.nt <br />act or omission by the contractor~ .:: We request you consider this <br />an exemption to the standard State Contract. Given the conditions <br />which exist at the present time. we are not willing to sign the <br />contract without such a modification. We hope the State ultimately <br />agrees to drop the present indemnification requirement, It would be <br />unfortunate if Co lorado consu lt ing firms cou ld not prac t ice <br />engineering for the State without the risk of losing their entire <br />business assets. <br /> <br />~ CWaln cRuou.,"u Cnginu'ing and q/tou.nd <'Wain g,o[ogy <br />