Loading...
HomeMy WebLinkAboutADMIN 55-86 TOWN OF NEWCASTLE REPORT File # Res. # - -_-- _ By-Law # MEETING: General Purpose and Administration DATE: July 21, 1986 REPORT #: ADMIN. 55 - 86 FILE #: 1 .3.9. 11 SUB.ECT: Rethink Arena Feasibility Study Review by Town Solicitor. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That report ADMIN. 55 - 86 be received; and 2. That the balance owing to the ReThink Incorporated be approved for payment in the amount of $1 ,824.49. BACKGROUND AND COMMENT: Council directed that the Terms of Reference and all other pertinent data be forwarded to the Town's Solicitor for review and comment, prior to paying the final amount due to the consultant. Mr. Sims has replied and following a review of the documents has indicated that the report prepared by ReThink Incorporated complies with the conditions of the agreement and Terms of Reference established for the study. It is Mr. Sims' opinion that the account should be paid since in his examination of the material , "he could ascertain no restrictions or limitations .. . which would have eliminated the amount of work or in turn reduce the amount payable for the preparation of the study." Based upon our Solicitor's opinion, it is respectfully recommended that the balance of the account owing to ReThink Incorporated for the preparation of the Arena . . . .2 (6a) REPORT ADMIN. 55 - 86 - 2 - July 21 , 1986. Feasibility Study in the amount of $1,824.49 be paid. Respectfully submitted, David W. Oakes, B.A. ,A.M.C.T. ,C.M.O. , Clerk/Administrator. DWO/os. ' D. J. D. Sims, Q.c. Sims BradyMcInerney J. F. Brady BARRISTERS k SOLICITORS ��;r_ ij o '��.i ,ai` i�� R. D. Scott TO LA0MtjMjS C Mr. David W. Oakes, A.M.C.T. , Clerk-Administrator, UL1 1986 Corporation of the Town of Newcastle, 40 Temperance Street, BY Bowmanville, Ontario. TRAjOWS OFFICE L1N 3A6 Dear Mr. Oakes : Re : ReThink Feasibility Study Administration File : 1 . 3 . 9 .11 I have now had an opportunity of reviewing your letter of June 27th, 1986 and the enclosures that accompanied it . I am of the opinion that the Town of Newcastle could not successfully defend any action that might be commenced by ReThink Incorporated for the balance of its fees for the preparation of a feasibility study on the Bowmanville Arena. I note in resolution C-322-86 that the concern appears to be that the estimated cost exceeded the five year capital forecast . In my review of the contract dated April 2nd, 1985 and the outline for the preparation of the arena feasibility study I could ascertain no restrictions or limitations of this nature which would have eliminated the amount of work or in turn reduce the amount payable for the preparation of the study. The cost of defending an action of this nature, should a claim be made, would be totally disproportionate to the amount that is involved in the dispute . As requested, I am returning the feasibility study . Should you have any further inquiries please do not hesitate to get in touch with e . i YourskTiruly, David J. D. Sims DJDS :mrs I 117 King Street, Box 358, Whitby, Ontario, LIN 5S4 Telephone 668-7704