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<br />~ ~ ~. <br />-y~ <br /> <br />. <br /> <br />. <br /> <br />~'n1IOi\\;7 <br />\::::~:A~0~ )j <br /> <br />BISHOP, BROGDEN & RUMPH, INC. <br /> <br />July 7. 1986 <br /> <br />12 LAKESIDE LANE (SUITE 1901 . DENVER, COLORADO 80212 . (3031455-2760 <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 Bi 11: <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 cc>ntract will void our professional <br />liability insurance. In additio~, our company attorney has also <br />advised against signing the contract because of the risk involved. <br />Our attorney's chief concern about the indemnification clause is that <br />we can suffer considerable expense and loss regardless of the <br />propriety of our conduct or act ions. In other words, we may have <br />done nothing wrong but will stiH suffer as a result of having to <br />defend the State. <br /> <br />The Consulting Engineers Council of Colorado has recently been 1n <br />direct contact with the Attorney General. Mr. Duane Woodward. and is <br />trying to resolve the issue. At stake is work for the State for all <br />of the consulting engineers in 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 the word "act" to read ".. .as a result of any ne~ 1 i~ent <br />act or omission by the contractor. .:: We request you consider this <br />an exemption to the standard Sta~e 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 It ing firms cou ld not prac t ice <br />engineering for the State withou~ the risk of losing their entire <br />business assets. <br /> <br /> <br />(WalL'l c::RL.10utCL1 En9inLuin9 and gtound <1VatLt gLo[o9Y <br />