ENGINEERING
Juiy 12, 2017
Stephen M. Bennett
Wadleigh, Starr & Peters, P.L.L.C.
95 Market Street
Manchester, NH 03101
Subject: E.D. Swett, Inc. v. City of Nashua, NH
Dear Mr. Bennett,
We are in receipt of your letter dated July 12, 2017 and have discussed the terms with both Mr. Dye and Mr. El-
Beik. Patrick Engineering will be cooperative and will, to the extent practicable, coordinate the scheduling of time
for them to provide testimony on behalf of the City of Nashua. Because the schedule and duration of this claim is
unknown, there is no guarantee they can be provided on dates requested.
As you stated, Patrick Engineering Inc. was not involved in any way with the project that is the subject of the claim;
even so, it is requested that the City indemnify Patrick so as to eliminate the potential for Patrick to be involved in
any manner with this case.
We are proposing the following indemnification agreement be incorporated into the terms of their involvement.
To the fullest extent permitted by law, the City of Nashua shall indemnify, defend and hold PATRICK
ENGINEERING INC., its employees and agents harmless from and against all demands, claims, suits, liabilities,
fines, penalties, and costs including reasonable attorney's fees and costs of litigation (“Claim”) caused by or
arising out of any action associated with the case between E.D. Swett, Inc. v. City of Nashua, NH; Hillsborough
County Superior Court docket no. 217-2016-CV-473.
We propose to invoice for the time spent by Mr. Dye and Mr. El-Beik on behalf of the City of Nashua using the
following rates which include general administration expenses but exclude direct expenses.
Mr. Dye: $225 per hour
Mr. El-Beik: $185 per hour
Direct expenses will be invoiced at cost plus 10%. Invoices will be sent monthly and are due net 30 days.
If the City is in agreement, please have an authorized person sign in the space provided below and return a copy to
the commercial contact for Patrick Engineering, Mr. Marc R. Chabot, Northeast Program Director, at the Beacon
Street address noted below. Mr. Chabot can also be reached at 617-715-6904, and at mchabot@patrickco.com.
The City can communicate directly with Mr. Dye to schedule the testimony and any preparation work.
Sincerely,
PATRICK ENGINEERING INC.
Vere
Jeffrey C. Schuh, President
ACCEPTANCE
The City of Nashua, NH, agrees with the terms and conditions stated above, INCLUDING THE INDEMNIFICATION
OF PATRICK ENGINEERING INC.
Accepted by: Date:
Name (Print): Title:
11 Beacon Street, Suite 735, Boston, Massachusetts 02108 | 800.799.7050 | patrickco.com
