substantial performance application

SUBSTANTIAL PERFORMANCE APPLICATION

September 04, 2020

Attention: Dan Wiley, Project Manager

Regarding: Pen Centre Phase 2 Sears Redevelopment

Substantial Performance

Our Project No.: 17067

Address: p221 Glendale Avenue, St. Catharines, Ontario Canada L2T 2K9

Building Permit No.: 19 102050 ME

Dear Dan,

Please be advised based on your application dated August 07 2020 and subsequent reviews by consultants with attached

Structural, Mechanical, Electrical, Roofing and building Science certificates, we hereby advise that the above captioned project

has attained Substantial Performance on August 11, 2020.

Please find attached herewith Form 9 Construction Lien Act “Certificate of Substantial Performance”.

As is customary and in accordance with the Provincial Lien Legislation, EllisDon shall publish in the Daily Commercial News

trade publication. The associated release of holdback payment is due fortyfive (45) days from the date of publication.

Trust this to be to your satisfaction and should you have any queries, do not hesitate to contact the undersigned.

Sincerely,

Joseph Lo, OAA

On Behalf of MMC International Architects Ltd

Fortis Construction Group Inc.

3070 Jefferson Boulevard

Windsor, ON N8T 3G9

CONFIRMATION OF SUBSTANTIAL PERFORMANCE

PROJECT NAME Pen Centre Phase 2 Redevelopment – Interior Work

PROJECT LOCATION 221 Glendale Ave., St. Catharines, Ontario L2T 2K9

PROJECT NO. 17067

DATE Aug 26, 2020

PRIME CONSULTANT OWNER CONTRACTOR

MMC International Architects Ltd. OPB Realty Inc. C/O Cushman & Wakefield Asset Services ULC Fortis Construction Group Inc.

207 Queens Quay West, Suite 340 161 Bay Street, Suite 1500 3070 Jefferson Boulevard

Toronto, ON M5J 1A7 Toronto, ON M5J 2S1 Windsor, ON N8T 3G9

In accordance with the contract for the above captioned project AND on the basis of site reviews undertaken over the course of the project

we hereby accept the request for Substantial Performance submitted by Fortis Construction Group Inc. in that:

The date of Substantial Performance, August 11, 2020, shall be the commencement of the warranty periods. The publication date of the

substantial performance certificate shall be considered to be the commencement of the forty-five (45) day lien period, stipulated in the

Construction Lien Act of Ontario, for release of the statutory holdback. We have reviewed the General Contractor’s associated submission

for Substantial Performance and agree that the value of remaining incomplete and/or deficient work is below the permitted threshold. The

General Contractor and their Sub-contractors shall continue to work towards total completion of the contract during this countdown period.

Provided that no liens are registered and the General Contractor has forwarded all appropriate documentation for the Project, holdback

monies shall be due and payable one day after termination of the forty-five (45) day holdback period. Be advised that this does not constitute

the release of all holdback monies, in as much as there shall be a Finishing Holdback retained and to be released upon the Contractor

attaining Total Performance of the Contract.

Find attached herewith Form 9 ‘Certificate of Substantial Performance of the Contract under Section 32 of the Act’.

Fortis Construction Group Inc. shall issue original Workman’s Compensation Clearance and Statutory Declaration Certificate to the Owner.

The posting of the Substantial Performance Certificate does not release the Contractor or any Sub-contractor from the duty of

completing the work pursuant to the terms of the contract.

ISSUED BY:

Lawrence Esco

Architect, AAA, OAA, MAA, AIBC, NSAA, SAA, MRAIC

Director

on behalf of MMC International Architects Ltd.

Aug 26, 2020

Date

Distribution:

Dan Wiley Fortis Construction Group Inc.

Bruno Bartel Cushman & Wakefield Asset Services ULC

Howard Scott Cushman & Wakefield Asset Services ULC

Tom Wilkinson Cushman & Wakefield Asset Services ULC

Elaine Solish Cushman & Wakefield Asset Services ULC

Joe Lo MMC International Architects Ltd.

43 Lesmill Road, Toronto, ON, Canada M3B 2T8 T 416.444.9263 | F 416.444.1463 | www.hamjof.com

Letter of Substantial Performance August 26, 2020 MMC International Architects Ltd. 207 Queens Quay West, Suite 340 Toronto, Ontario M5J 1A7 Attention: Chris Brown Re: Pen Centre Phase 2 221 Glendale Avenue St. Catharines, Ontario Permit #19 102050 ME Our Reference #17-756 Dear Chris; Based on our observations at periodic field review during construction, we advise that the Electrical Installation has been substantially performed in general conformance with the electrical drawings and specifications as approved for building permit and the requirements of the OBC. Yours very truly, HAMMERSCHLAG & JOFFE INC. Mike Rapa, P.Eng. /sa

120 Adelaide St. W., Suite 1020, Toronto, Ontario M5H 1T1Tel: (416) 961-3938 / Fax: (866) 683-8605

E-mail: [email protected]

187133.wpdSeptember 3, 2020

MMC International Architects Ltd.207 Queen’s Quay West, Suite 340Toronto, OntarioM5J 1A7

Attention: Joe Loe

Reference: Pen Centre - Interior WorkSubstantial PerformanceOur File: 224821

Dear Joe:

During the course of construction of the above project, personnel from our firm carried outperiodic site reviews of the elevator installation. On August 6, 2020 we performed a finalacceptance inspection of the elevators to review the status of the elevator installation andto report on any deficiencies to the contract documents.

Based on these inspections it is our opinion that the elevator installation portion of thework is in general conformity with the contract documents. Elevator 6 is not yet licencedfor use by the public however this is due to minor electrical work outside of the elevatorcontract. The elevators are ready for use for the purposes intended and the noteddeficiencies fall under a cost of 3% of the elevator contract value.

Based on this it is our opinion that the elevator contract portion of the work be consideredsubstantially performed.

Should you have any questions, please do not hesitate to call.

Yours truly,KJA Consultants Inc.

Andrew McLeod, [email protected]

187133.wpd Page 1 of 1

Read Jones Christoffersen Ltd. Creative Thinking Practical Results

100 University Ave, North Tower, Suite 400

Toronto ON M5J IV6

tel 416-977-5335

fax 416-977-1427

email [email protected]

web rjc.ca

August 27, 2020

MMC Architects

207 Queens Quay West, Suite 340

Toronto, ON

M5J 1A7

RE: Phase 2 Redevelopment

Substantial Performance

Pen Centre, St. Catharines, ON

RJC No.: TOR.105492.0005

This letter is to confirm that Read Jones Christoffersen Ltd. (RJC) reviewed Fortis’ Substantial Performance

submission. Based on our regular general site reviews over the course of construction we find the structural

work has been Substantially Completed.

Fortis shall continue to complete all outstanding structural work leading towards Total Completion.

We trust that this information is suitable for your needs at this time; however, if we can be of any further

assistance, please do not hesitate to contact us.

Yours truly,

Read Jones Christoffersen Ltd.

Matthew Deegan, P.Eng. Associate

03 September 2020

MMC International Architects Ltd. 207 Queens Quay West, Suite 340 Toronto, Ontario M5J 1A7

ATTN. JOSEPH LO

RE: PEN CENTRE - SEARS BOX REDEVELOPMENT - BASIC SERVICES BUILDING PERMIT NO. 19 102050 ME OUR FILE NO. 17-3502-041

Dear Mr. Lo,

We have been retained to carry out general review of the construction of the mechanical work for the above noted project in conformance with Ontario Regulation 260/08, made under the Professional Engineers Act, 2008.

The fire protection, plumbing and HVAC work has been built in general accordance with the City reviewed permit documents prepared by our office under the professional seal of Reg Callaghan and the requirements of the OBC. It is our opinion that the mechanical work has been substantially performed and is ready to be used for the purposes intended.

We base this on our periodic reviews of the installation which have been carried out in general conformance with the Professional Engineers Ontario Guidelines for Professional Engineers Providing General Review of Construction as required by the Ontario Building Code.

Yours very truly,

THE MITCHELL PARTNERSHIP INC.

Reg Callaghan, P.Eng. Partner

cc. Mitch Kooistra, Gunther Lammers – TMP

03 SEP 2020

CA-9-E (2019/01)

FORM 9 CERTIFICATE OF SUBSTANTIAL PERFORMANCE OF THE

CONTRACT UNDER SECTION 32 OF THE ACT Construction Act

, (County/District/Regional Municipality/Town/City in which premises are situated)

, (street address and city, town, etc., or, if there is no street address, the location of the premises)

This is to certify that the contract for the following improvement:

(short description of the improvement)

to the above premises was substantially performed on . (date substantially performed)

Date certificate signed:

(payment certifier where there is one) (owner and contractor, where there is no payment certifier)

Name of owner:

Address for service:

Name of contractor:

Address for service:

Name of payment certifier (where applicable):

Address:

(Use A or B, whichever is appropriate)

A. Identification of premises for preservation of liens:

(if a lien attaches to the premises, a legal description of the premises,

including all property identifier numbers and addresses for the premises)

B. Office to which claim for lien must be given to preserve lien:

(if the lien does not attach to the premises, a concise description of the premises, including addresses,

and the name and address of the person or body to whom the claim for lien must be given)

City of St. Catharines

221 Glendale Avenue St. Catharines Ontario L2T 2K9

Pen Centre Phase 2 Redevelopment - Interior Work

August 11, 2020

Aug 26, 2020

Fortis Construction Group, Inc.

3070 Jefferson Boulevard, Windsor Ontario N8T 3G9

MMC International Architects, Ltd.

207 Queen's Quay West, Suite 340, Toronto ON M5J 1A7

X

OPB Realty Inc. C/O Cushman & Wakefield Asset Services Inc.

161 Bay Street, Suite 1500, Toronto Ontario M5J 2S1

Part of Lots 13 and 14, Concession 9, Parts 1-31 on 30R-7842T/WRO695080; S/T MR9146, RO410298, RO689379, RO697278, RO724858, RO736590; Part Lot 13, Concession 9 designated as Parts 1,2,3 on 30R-8023 and Parts 2 & 3 on 30R-8139; S/T RO733362E


E: [email protected] P: 519‐419‐7828 F: 519‐419‐7830

#BUILDSTRONG WWW.FORTISGROUP.CA PAGE 1 of 3

Friday, August 7th, 2020 MMC International Architects Ltd. 207 Queen’s Quay West Toronto, Ontario, M5J 1A7 Attention: Jessica Sadler Project: Pen Centre – Phase 2 Redevelopment

221 Glendale Ave St. Catharines, ON L2T 2K9

Dear Jessica, This letter is formal request that the attached Certificate of Substantial Performance be signed and returned to Fortis Construction Group Inc by MMC International Architects Ltd. for the Pen Centre Phase 2 Redevelopment project in St. Catharines, Ontario, effective the 31st day of July, 2020. We also hereby formally request that your consultant team complete a review and assessment of the work on or prior to Friday, August 14th to determine whether the contract has been substantially performed as well as to document any/all deficiencies and to provide Final Conformance Letters required for Occupancy and Building Permit Closeout. Based upon the following calculations outlining the Balance of Work to Complete the Contract, in the amount of $179,200.00, in comparison to the Maximum Balance of Outstanding Work for Substantial Performance, in the amount of $201,203.01, we feel that we have meet or exceeded the requirements of OAA/OGCA Take‐Over Procedures Document No. 100 in conjunction with the CCDC Contract. Please refer to the tables on the next page for calculations of the Current Contract Value, Value of Work for Substantial Performance Certification, Maximum Balance of Outstanding Work for Substantial Performance and Balance of Outstanding Work to Complete the Contract.


E: [email protected] P: 519‐419‐7828 F: 519‐419‐7830


Current Contract Value Amount

Contract Value (Original) 14,971,824.98$

Change Orders (Approved to date) 2,526,225.82$

Total 17,498,050.80$

Value Of Work For Substantial Performance Certification Amount

Current Contract Value (from above) 17,498,050.80$

Less Current Unspent Allowances ‐ Contingency $0.00

Less Work That Cannot Be Completed Expeditiously (Escalators ‐ to be removed from

contract) $352,750.00

Less Work That Cannot Be Completed Expeditiously (CRU 55A Exterior ‐ on hold) $25,000.00

Total 17,120,300.80$

Maximum Balance of Outstanding Work for Substantial Performance Amount

3% of First $1,000,000 30,000.00$

2% of Second $1,000,000 20,000.00$

1% of Balance Of Contract Price 151,203.01$

Total 201,203.01$

Balance of Outstanding Work to Complete the Contract Amount

General Requirements (Closeouts/Supervision) 5,000.00$

Flat Roofing & Associated Work (Deficiencies) 8,000.00$

Fire Stopping Joint Sealants & Caulking 2,000.00$

HM Doors Frames & Hardware 2,000.00$

Aluminum Entrances & Storefronts (Deficiencies) 2,500.00$

Int. & Ext. Studs, Gypsum & Acoustics 4,000.00$

Finish Flooring (Deficiencies) 5,000.00$

Painting 15,000.00$

Elevators 6 & 7 12,000.00$

Freight Elevator Modification 5,700.00$

HVAC & Plumbing 70,000.00$

Electrical 33,000.00$

CO‐024: CRU 53A Expansion 15,000.00$

Total 179,200.00$

Fortis Construction Group Inc. E: [email protected]

P: 519‐419‐7828 F: 519‐419‐7830


Escalator’s cannot be completed expeditiously because they have been removed from Fortis’ contract pending formal CO approval. CRU 55A exterior work cannot be completed expeditiously due to the hold on work, pending design confirmation, as per Tom Wilkinson from Cushman Wakefield. All Conformance Documents such as ESA Final, Geotechnical Review, etc are to be provided on or prior to Friday, August 14th, 2020. All Consultant Conformance Letters are requested to be received on or prior to Friday, August 14th, 2020. All Closeout Documents including but not limited to Maintenance Manuals, As‐Builts, Warranties, etc are scheduled for turnover to the Client/Consultant by Monday, August 31st, 2020.

Once the Certificate of Substantial Performance has been signed, Fortis will post it in the Daily Commercial News. Once the Certificate has been published and received back; Fortis will submit Payment Application for the Holdback funds. Once all Deficiencies and Closeouts have been completed and accepted, we will submit the final Payment Application for Outstanding Balance of Contract & Changes.

I trust this will all meet your approval and look forward to being of further service in the future.

Yours truly,

Daniel Wiley, Project Manager