REPORT OF THE FINANCE COMMITTEE
AUGUST 2, 2017
A meeting of the Finance Committee was held on Wednesday, August 2, 2017, at 7:00 p.m. in the Aldermanic
Chamber.
Mayor Jim Donchess, Chairman, presided.
Members of the Committee present: Alderman-at-Large Mark S. Cookson, Vice Chair
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien
Alderman June M. Caron
Members not in Attendance: Alderman Benjamin M. Clemons
Alderman Ken Siegel
Also in Attendance: Corporation Counsel Steve Bolton
Dan Kooken, Purchasing Manager
Assistant Fire Chief Brian Rhodes, Asst. Fire Chief, NFR
Bill Mansfield, Radio Systems Coordinator
PUBLIC COMMENT - None
COMMUNICATIONS
From: Steven A. Bolton, Corporation Counsel
Re: Agreement with Patrick Engineering, Inc.
MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE CITY TO ENTER
INTO THE LETTER AGREEMENT WITH PATRICK ENGINEERING, INC.
ON THE QUESTION
Attorney Bolton
This relates to the ongoing litigation with ED Swett, Inc. and the city. It concerns the construction of the bridge
as part of the Broad Street Parkway project. Mr. Dye and Mr. El-Beik were at that time employees of the
design engineer that we had on the project part Sprinklerhoff. They are both fact witnesses and expert
witnesses in terms of how the piers were supposed to be constructed, the difficulties encountered by the
contractor during construction, and as you know, the litigation dispute is about a $2 million level of change one
way or the other. We basically need to retain these gentlemen who now work for Patrick Engineering to assist
us in the litigation and provide testimony about what they observe what their knowledge of the standard
practice. We intend to depose them and utilize their expertise in the litigation.
Not entirely unheard of but a little bit different in these situations is the indemnity provision where we’re going
to indemnify Patrick Engineering. The reason for that is that Patrick Engineering was not involved at all in the
design or construction in this project. They just happened to be the current employer of the two professionals
that we're interested in. That’s the extent of it.
Alderman Cookson
Who is Wadleigh, Starr, and Peter selected as a firm to represent Patrick Engineering?
